Terms and Conditions
ACCEPTANCE OF TERMS
Acceptance of the following Terms and Conditions will govern all purchases by you (Customer) of HealthNetSolutions.com (HNS) Products listed on-line at HealthNetSolutions.com. These Terms and Conditions constitute the entire agreement between the Customer and HNS concerning this matter, and supersedes all discussions, proposals, bids, invitations, orders, and other communications, oral or written, on this subject. These Terms and Conditions may not be waived, amended, or modified in any way except through a written agreement signed by the Sales Manager of HNS. If any one or more provisions of these Terms and Conditions are found to be illegal or unenforceable, the remaining provisions will be enforced to the maximum extent possible. To the extent any purchase order from Customer conflicts with or amends these Terms and Conditions in any way, these terms and conditions, as unmodified, will prevail. This agreement will be governed by the laws of the State of Nevada.
LIMITATION OF LIABILITY
UNDER NO EVENT WILL HNS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, OR SPECIAL DAMAGES ARISING OUT OF THIS AGREEMENT OR PURCHASE OR USE OF HNS PRODUCTS OR SERVICES. NOTWITHSTANDING ANY OTHER PROVISION OR AGREEMENT BETWEEN CUSTOMER AND HNS. HNS'S TOTAL LIABILITY TO ANY PARTY ARISING OUT OF THIS AGREEMENT OR PURCHASE OR USE OF HNS'S PRODUCTS OR SERVICES WILL NOT EXCEED THE AMOUNT PAID BY CUSTOMER TO HNS FOR THE PRODUCTS OR SERVICES.
EXCEPT AS STATED IN THESE TERMS AND CONDITIONS, HNS MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE PRODUCTS. ALL OTHER WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE DISCLAIMED.
CUSTOMER AGREES TO INDEMNIFY AND HOLD HNS HARMLESS AGAINST ALL CLAIMS, LIABILITIES, DEMANDS, DAMAGES, OR EXPENSES (INCLUDING REASONABLE ATTORNEYS' FEES AND EXPENSES) ARISING OUT OF OR IN CONNECTION WITH CUSTOMER'S USE OF PRODUCTS SOLD BY HNS AND/OR YOUR FAILURE TO ADHERE TO THESE TERMS AND CONDITIONS. HNS AGREES TO INDEMNIFY AND HOLD YOU HARMLESS AGAINST ALL CLAIMS, LIABILITIES, DEMANDS, DAMAGES, OR EXPENSES (INCLUDING REASONABLE ATTORNEYS' FEES AND EXPENSES) ARISING OUT OF OR IN CONNECTION WITH BREACH BY HNS OF ANY WARRANTIES SPECIFICALLY STATED IN THESE TERMS AND CONDITIONS.
COPYRIGHTS AND USE OF UNAUTHORIZED SOFTWARE
Tests, inventories, and software offered by HNS are protected by various intellectual property laws, including those regarding copyright and trademarks. Printing or reproducing copyright-protected materials or content, including reproduction of protected test items, scales, scoring algorithms, scoring directions, or other protected content, is prohibited by law and by these Terms and Conditions. Your purchase of materials DOES NOT grant you a right to reproduce additional copies of materials.
All invoices are payable net 30 days if purchase is made by an HNS pre-approved Purchase Order. Consult HNS Customer Service for details on setting up a Purchase Order Agreement. Payment can be made by check (payable to HNS) or credit card. Customers outside the U.S. using a Purchase Order should enclose an international money order payable in U.S. currency. Charges not paid when due are subject to a late charge accruing from the due date of 1 1/2% per month or the maximum permitted by law, whichever is less. You also are responsible for any attorneys' or collection fees incurred by HNS in collecting charges not paid when due. Prices are quoted in and must be paid in US Dollars. Non-US orders are subject to a 10% service charge, exclusive of taxes, shipping, and tariffs. Purchasers are responsible for all taxes, and tariffs involved in inter-country shipments.
HNS must collect and report state and local taxes applicable to your shipping address for any materials mailed. If Customer's organization is tax exempt, Customer must send a tax exemption certificate with the order. A copy of the certificate must be on file at HNS to qualify.
USE OF PRODUCTS
You agree it is your responsibility to use any products purchased from HNS in accordance with HNS Assessment Qualification requirements, applicable professional guidelines, including all federal, state, and local laws and regulations. You understand and agree that HNS products are meant to be used as tools to supplement the Customer in the overall assessment process, and are not intended or designed to be used alone or replace professional judgment.
HNS warrants that the products in their standard form will not infringe any valid United States patents or copyrights existing at the time of product delivery.