Terms and Conditions

Clinical Solutions JSC II LLC
1900 Scheutz Road
Maryland Heights, Mo. 63043

Welcome to www.cs-clinicalsolutions.com


Clinical Solutions JSC II LLChas adopted the following Terms and Conditions of Use for this Site, or any mobile version thereof, and to ensure that You know what to expect from Your visit to the Site and the purchase of the  Goods offered on this Site.  Please read these Terms and Conditions of Use carefully as they represent a legally binding contract between you and Clinical Solutions JSC II LLC.  By creating an account, purchasing Goods, and accessing or using the Site, You indicate that You have read, understand and agree that You are bound by these terms.

1. Definitions.  The following terms have the following meaning in these Terms and Conditions of Use.

(a) “We”, “Us”, or “Our” mean ; Clinical Solutions JSC II LLC

(b) “Site” means this web site, namely, www.cs-clinicalsolutions.com and any other related web sites We may have or establish;

(c) “You” or “Your” means any visitor to this Site, including any entity You may represent and any entity purchasing Goods or using this Site;

(d) “TOU” means these Terms and Conditions of Use;

(e) “Content” or “Contents” means all text, graphics, videos, sounds, music, trade dress, trademarks, text, works of authorship, Services, newsletters, articles, papers, features, functions, the selection and arrangement of the foregoing, and all other materials and information of any kind or nature contained on or made available on this Site; and

(f) “Goods” means the products and services described at, available at, or offered for rental or sale on the Site

2.  Changes to TOU.  We reserve the right at any time and from time to time to change, modify or discontinue, temporarily or permanently, all or any part of this Site, the Goods, the price of Goods, Our privacy policy, or this TOU. We will not individually or separately notify You of any such changes in advance. Thus, we encourage and strongly recommend that You frequently check the privacy policy and TOU at this Site to determine if the TOU or privacy policy have been amended or changed. You agree that We shall not be liable to You or to any third party for any modification, suspension, or discontinuance of the Site or any Goods provided by this Site. Use of the Site or Goods after a change constitutes Your agreement to the new terms of the TOU and/or  privacy policy, which are accessible on the Site.

3.  User ID, Password, Physician Authorization.  Parts of the Site are accessed and controlled by user ID and password.  If You are required to access an area of the Site with your user ID and password, You further warrant and promise that, if required by law, rule, or policy, there is an order or other authorization of a licensed physician or practitioner for all Goods purchased or rented via use of this Site.  You agree that You will not allow any other person or entity to use Your User ID and password to gain access to that part of the Site.  You further agree to notify Us if You become aware of any unauthorized use of your user ID and password. We accept no responsibility for maintaining the security of Your user ID and password.  If you forget your password, you may request a new password in accordance with the requirements We provide for doing so.  You may then have to immediately change this password after You log in the next time.  

4.  Registration.  When You register and obtain a user ID and password, You represent that You are of legal age to form a binding contract and are not a person barred from receiving Goods under the laws of the United States or any other applicable jurisdiction.  You must provide complete and accurate information about Yourself when prompted by any Site registration form, and You must maintain and promptly update Your registration data to keep it complete and accurate.  We may suspend or terminate your account and refuse You any current or future use of the Site (a) if You provide any information that is not complete and accurate, or (b) if We have reasonable grounds to suspect that any information You provide is not complete and accurate.

5.  Credit and Debit Cards.  If You use a credit or debit card to purchase or pay for any Goods on this Site, You warrant and promise that You are the owner or authorized user of such card, that all information submitted therewith is accurate and true, and that You will indemnify Us for any loss or damage sustained by Us in connection with any false or incorrect information submitted or provided by You in connection with the use of such card.

6.  Accessing and Disclosing Account Information.  You acknowledge and agree that We may access, preserve, and disclose your account, personal information, and content if We are required to do so by law or if We believe that such access, preservation, or disclosure is necessary or desirable for any of the following purposes: (a) to comply with legal process; (b) to enforce the TOU;  (c) to respond to claims that any Content violates the rights of third-parties; (d) to respond to Your requests for customer service; (e) to protect Our rights, property, or personal safety or the rights, property, or personal safety of our users and/or the public; or (f) for any other reason or purpose stated in Our privacy policy, as  posted on this Site.

7.  Electronic Communication.  When you visit this Site, send e-mail to Us, or upload information to or through the Site, You are communicating with us electronically.  You consent to receive communications from Us electronically.  We may communicate with you by e-mail or by posting notices on this Site.  You agree that all agreements, notices, disclosures and other communications that We provide to you electronically satisfy any legal requirement that such communications be in writing.

8. International Notice. We are based in St. Louis, Missouri, U.S.A. We makes no claims that this Site or any of its Content is appropriate for, or may be transmitted, used or installed outside of the United States. Access by certain persons or in certain countries may not be legal. If You access the Site from outside the United States, You do so at Your own risk and are responsible for compliance with the laws of Your jurisdiction.

9. Third Party Services. We may use, provide access to, or suggest the use of third party services in connection with the operation of this Site, the provision of Goods, the payment of fees or charges for Goods, and numerous other activities related to the use of the information on the Site and/or included in the Goods.  We are not responsible for the activities, actions, policies, privacy policies, operations, terms of service, or other acts or omissions of such third parties or any changes made or instituted by such third parties. You are responsible and agree to be solely responsible for learning and determining the acceptability of all such third party activities, actions, policies, privacy policies, operations, terms of service, acts or omissions, and any changes made or instituted by such third parties.

10.  Site Provided AS-IS.  All Content of this Site is provided to You and all other users AS-IS.  We assume no responsibility for the timeliness, deletion, miss-delivery or failure to store any of Your data, communications, or personalized settings. You are responsible for obtaining access to the Site, and that access may involve third party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including fees associated with the display or delivery of any advertisements or other information.  In addition, You must provide and are responsible for all equipment necessary to access this Site.

11. Eligibility. Creation of an account on, access, to, or use of this Site are void where prohibited by applicable law.  The Site is not intended for children under the age of 18 years of age without parental consent and supervision.  By creating an account, accessing or using the Site, You represent that You are at least 13 years of age or that You have obtained parental consent.

12.  Privacy.  In order to understand Our practices and policies concerning the collection, use and disclosure of information about You, please review Our privacy policy at www.cs-clinicalsolutions.com which also governs Your visit to this Site, Your creation of an account at this Site, information you submit to Us, and information we collect or may collect about You.  

13.  License.  Subject to Your compliance with all of the terms of this TOU, including, without limitation, refraining from the Prohibited Actions stated below, We grant You a personal, non-transferable, non-exclusive, terminable at will, license to use this Site and to download any materials available for downloading at this Site solely for Your use.

14.  No Advice. The information provided on this Site, including without limitation all newsletters, papers, articles, and other information downloaded or accessed by You,  is for general guidance and to offer the You general information on particular subjects of interest. It is not intended to constitute medical, legal, accounting, tax, marketing, or other professional advice or services.

15.  Prohibited Actions.  You may not do any of the following on, through, or in any way in connection with this Site:

(a)     upload, post, transmit, or submit any information or material that (i) contains software viruses, code or files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (ii) is defamatory, libelous, obscene, indecent, abusive, threatening to others, hateful, racially or ethnically objectionable, or constitutes stalking; (iii) infringes the patent, copyright, trademark, trade secret, right of publicity, right to privacy, or other intellectual property right of any third party; (iv) violates any state, federal, or international law;

(b)     harm minors in any way;

(c)    interfere with or disrupt the Site;

(d)     impersonate any person or entity or otherwise misrepresent Your affiliation with a person or entity;
(e)     violate or infringe any of Our trademark, copyright, or proprietary or intellectual property rights;

(f)     violate or breach any provision of the TOU or engage in prohibited actions, as described below;

(g)     copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code or software used in connection with this Site  or obtain unauthorized access to this Site;

(h)    use any Content or other information, in whole or in part, to create a likelihood of confusion, to misrepresent any fact, or to deceive others in any form or by any means;

(i)     copy, modify, reuse, rent, lease, distribute, re-publish, re-transmit, sell, lend, assign, or transfer any Content of this Site;

(j)     access the Site by any means other than through the interface provided by Us, or

(k)    remove any copyright notice, trademark notice, or other proprietary notice from any Content you download or otherwise receive from of through the Site.

16.  Intellectual Property.  All Content on this Site, including without limitation all algorithms, techniques, methods, software, and know-how, is owned or licensed by Us and is subject to copyright, trademark and other federal and state laws relating to intellectual property.  No Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold, without Our prior written consent or the consent of Our licensors and licensees.  Any unauthorized use of Content or violation of this provision is a material breach of this TOU and may be a violation of applicable law.  Nothing in this TOU constitutes or may be construed as transferring or licensing any intellectual property rights to You, whether by estoppel, implication, or otherwise.   We will aggressively enforce Our intellectual property rights to the fullest extent of the law.

17. General User Submissions and Personal Information.  The personal information You submit to the Site is governed by the Site’s Privacy Policy.  By “personal information” We mean the information described in our privacy policy and information such as Your first/middle initial or name and last name, street address, town or city, state, ZIP code, telephone number, email address, credit card (or other account) information, gender and any other information that would allow someone to identify You or contact You.  Subject to the terms of our privacy policy, if You submit to Us or this Site any communications or information, including, without limitation, any personal or commercial information, idea, concept, or invention, You agree that such information is not confidential and (i) You acknowledge and understand others may see, read, use or re-transmit such information, (ii) You explicitly represent and warrant that You are the owner of such information or have all rights and licenses necessary regarding such information; and (iii) We are under no obligation to use such information.

18.  User Provided Content and License to Us.  You are solely responsible for all content or materials that you post, submit to, or transmit through the Site.  When you submit materials or content to Us, you grant Us a perpetual, irrevocable, and fully sublicensable license to copy, use, display, distribute, sell, license, sublicense, reproduce, modify, adapt, publicly perform,  publicly display such materials and content and to  incorporate such materials and content into other works in any format or medium known or latter developed, including, without limitation, the promotion and marketing of the Goods, the operation of Out Site, or the promotion, sale, or use of any of Our services.  When you submit materials or content, you also automatically agree (or, to the extent you do not own all rights to such materials or content, You represent and warrant that the owner of the content or materials has expressly agreed) that, without any particular time limit and without the payment of any fees, We and anyone We permit may reproduce, display, distribute, and create new or derivative works of authorship based on and including the content or materials.  You may not submit content or materials that are protected by or subject to the patents, trademarks, copyrights, trade secrets, trade dress, or other proprietary rights of anyone other than yourself.

19.  Monitoring of Website.  We do not warrant that this Site or any user generated content will be monitored for unacceptable use, nor is there any guarantee that any comments or communications will remain confidential or secure. No statements made in any communities or forum discussions, if such become part of the Site, will be authenticated or endorsed by us. However, We may in our sole discretion, but without obligation, choose to monitor such communications as part of an investigation of reported abuses or otherwise when We deem appropriate. We reserve the right to block transmission of, and/or remove any comments or information that You submit, at any time, for any reason, and without prior notice to you.

20.  Linking / Third Party Links on Our Site.  The following terms apply to linking:

(a) This Site may contain links to other web sites. We do not monitor, control, or endorse any third-party advertising or content, or the content on any third-party web sites, and We are not responsible for such web sites’ terms of use or privacy policies or how they handle Your information. Your use of third-party web sites is at Your own risk.

(b) You may not link to Our Site without Our express written consent, which is subject to such terms and conditions as We may establish.  You may not, without Our written permission, (i) incorporate any content from Our Site into Your web site (e.g., by in-lining or framing); or (ii) use any of Our Trademarks, works of authorship, copyrighted materials, or (iii) use any words or codes identifying Our Site in any “metatag”, any information used by search engines, or information used by location tools to identify and select web sites.

21. DISCLAIMER OF WARRANTIES.  You expressly understand and agree as follows:

(a) Your use of this Site is at Your sole risk. This Site and the Service are provided on an “as is” and “as available” basis.   We expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

(b) We make no warranty that (i) this Site or the Goods will meet your expectations or requirements, (ii) this site will be uninterrupted, timely, secure, or error-free, (iii) the information obtained from this Site or the use of this Site will be accurate or reliable, or (iv) the quality of any products, Goods, information, or other material purchased or obtained by You through this Site will meet your expectations or requirements.

(c) Any material downloaded or otherwise obtained through the use of this site is done at Your own discretion and risk, and You will be solely responsible for any damage to Your business or computer system or any loss of data that results from obtaining or downloading any such material.

(d) No advice or information, whether oral or written, obtained by You from us or through or from this site shall create any warranty not expressly stated in this TOU.

22. LIMITATION OF LIABILITY. You expressly understand and agree that We  shall not be liable to you for any damage to your business, personal injury or illness, or any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if We have been advised of the possibility of such damages), resulting from: (i) the use or the inability to use this Site; (ii) the cost of procurement of substitute goods and Goods resulting from any goods, data, information or Goods purchased or obtained from or through this Site; (iii) unauthorized access to or alteration of Your transmissions or data; (iv) statements or conduct of any third party on this Site ; (v) any other matter relating to this Site  or any Goods provided on this Site; or (vi) any goods, materials, Goods, or information purchased or acquired at or through this Site.

23.  Indemnity for Breach/Causation of Claims.  You agree to indemnify, defend and hold Us (as well as Our officers, director, agents and employees) harmless  from and against all claims, demands, caused of action, liabilities, judgments, damages, and costs (including attorney’s fees) that arise out of or are related to (a) the content or materials that You post, submit, transmit, or make available through the Site, (b) Your use of the Site or Goods, (c) Your connection to the Site or Goods, (d) Your breach or violation of the TOS, (e) Your acts or omissions, or (f) Your violation of any rights of another.

24. General Terms. The following additional terms apply to this TOU

(a) Entire Agreement. The TOU and privacy policy on this Site constitute the entire agreement between You and Us and governs Your use of the Site, superseding any prior agreements between You and Us. You also may be subject to additional terms and conditions that may apply when You use or purchase any of Our goods, products, or services.

(b) Choice of Law and Forum. This TOU and the relationship between You and Us shall be governed by the laws of the State of Missouri without regard to its conflict of law provisions. You and We agree to submit to the personal and exclusive jurisdiction of the state or federal courts located in St Louis, Missouri. You hereby irrevocably waive your right to a jury trial or to claim that the state of Missouri is an inconvenient forum to hear claims and disputes.

(c) Waiver and Severability of Terms. Our failure to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision. If any provision of the TOU is found by a court of competent jurisdiction to be invalid, You nevertheless agree that the court should endeavor to give effect to the TOU so that other provisions of the TOU remain in full force and effect.

(d) Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the TOU, use of the Site, or Goods must be filed within one (1) year after such claim or cause of action arose or be forever barred.

(e) Notices.  We may give notice to You through general posting on the Site, via postal notification, or via e-mail notification.  You may give notice to Us via e-mail at legal@iscreamapp.com or online via Our Contact Us form.

(f) Delay and Course of Dealing.  No delay in exercising, no course of dealing with respect to, and no partial exercise of any right or remedy under this TOU constitutes a waiver of any other right or remedy, or future exercise thereof.

(g) Construction.  The section titles in the TOU are for convenience only and shall not affect its interpretation.  The terms of this Agreement are to be construed as singular, plural, masculine, feminine, or neuter as context requires.