Terms of Use and Conditions

Effective Date: 3/28/2024

Welcome to omnicaresurgical.com, a website owned and operated by OMNICARE PLUS, P. C. (“We,” “Us,” or “Our”).  These terms of use are binding upon the User and OMNICARE PLUS, P. C.  (“the Company”). The following terms and conditions set the rules for the User’s access and use of omnicaresurgical.com, including any content and services offered through omnicaresurgical.com (the “Website”). Please read the Terms of Use and Conditions before using the Website. 

By accessing or using this Website, you agree to comply with and be bound by these Terms of Use and Conditions. If you do not want to agree to these Terms of Use and Conditions, you must leave the Website and refrain from having any access to it in the future. 

Use of the Website

1. Acceptance of the Terms of Use and Conditions

1.1 Eligibility

By using this Website, you represent and warrant that you are of legal age or have the necessary legal consent to these Terms of Use and Conditions to use omnicaresurgical.com. If you do not meet the legal age requirements to consent to these Terms of Use and Conditions you must leave the Website and refrain from having any access to it in the future.

1.2 User Account

If you create an account on our website, you are responsible for maintaining the confidentiality of your account information and for any activities that occur under your account.

The Company reserves the right to amend, modify, or delete this Website and its services at our discretion. The Company will not be liable if the Website is unavailable. The Company may restrict user access to some parts of the Website or the entire Website. 

2. Intellectual Property

2.1 Ownership

The Company owns all content on omnicaresurgical.com, including its entire contents, logos, features, and functionality, including but not limited to, all information, texts, displays, images, video, and audio, and the design are the intellectual property of OMNICARE PLUS, P. C.. The Company’s intellectual property is protected by domestic and international copyright, trademark, patent, trade secret, and other intellectual property laws.

These Terms of Use permit the User to use the Website for personal use only. The User must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website. However, the User may print or download pages from the Website for the User’s personal use. The User may also download desktop or mobile applications solely for personal use, provided that the User agrees to be bound by any license agreement the company may offer for such applications.

The User must not modify copies of any materials from this site, or use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text. The User must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website. 

2.2 License

The User is granted a limited, non-exclusive, revocable license to access and use our website for personal, non-commercial purposes. This license does not permit the resale or commercial use of any content on the site.

3. Prohibited Activities

3.1 Unauthorized Use

The User agrees not to engage in any unauthorized use of our website, including but not limited to:

Violating any laws or regulations:

The User agrees not to use the Website in any way or form that violates any applicable federal, state, local, or international law. The User may not send, receive, upload, download, post, or otherwise transmit, or procure the sending of, any advertising or promotional material, including any junk mail, chain letter, spam, or any other similar solicitation,  any content that is unlawful defamatory, obscene, or infringes on the rights of others.

Interfering with the functionality of the site:

The User may not use the Website in any manner that could disable, overburden, damage, interfere, or impair other users’ access to the Website or the proper working of the Website. Furthermore, the User may not use any bot, robot, spider, or any automatic device to access the Website for monitoring purposes.

Impersonating any person or entity

The User may not impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity when using the Website. The User may not engage in any other conduct that restricts or inhibits other users’ use or enjoyment of the Website or that may harm the Company or users of the Website, or expose them to liability.  

3.2 The User may not use the Website in any manner that could disable, overburden, damage, interfere, or impair other users’ access to the Website or the proper working of the Website. Furthermore, the User may not use any bot, robot, spider, or any automatic device to access the Website for monitoring purposes.

4. Termination

The Company reserves the right to terminate or suspend your access to omnicaresurgical.com at our discretion, without notice, for any reason, including if we believe you have violated these Terms and Conditions.

5. Limitation of Liability

To the fullest extent permitted by law, OMNICARE PLUS, P. C. shall not be liable for any indirect, incidental, special, consequential, or punitive damages or loss arising out of or related to your use of omnicaresurgical.com.

6. Changes to Terms and Conditions

The Company reserves the right to amend, modify, or delete this Website and its services at our discretion. The Company will not be liable if the Website is unavailable. The Company may restrict user access to some parts of the Website or the entire Website. 

We may revise and update these Terms of Use and Conditions as necessary as possible and at our discretion. All changes are effective at the moment we post such revised terms on omnicaresurgical.com and shall apply to all access and use of the Website. 

The User must verify these Terms of Use and Conditions from time to time. The User’s continued access and use of the Website following a revision of the Terms of Use and Conditions shall imply an acceptance of the changes. 

The Company may change the content of this Website from time to time. However, this content is not necessarily complete or up-to-date and the Company is not under any obligation to update it.

7. Indemnification

The User agrees to defend, indemnify, and hold harmless the Company from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use and Conditions or your use of the Website, including, but not limited to, your User Contents, any use of the Website’s content, services, and products other than as expressly authorized in these Terms of Use and Conditions, or your use of any information obtained from the Website.

8. Governing Law

All matters relating to the Website and all issues that could potentially arise out of, or related to, these Terms of Use and Conditions, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed under the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule (whether of the State of New York or any other jurisdiction).

The User waives any and all objections to the Company’s exercise of jurisdiction by such courts and venue in such courts.

9. Reliance on the Information Posted

The information presented on the Website is only available for information purposes. The Company does not warrant the accuracy or completeness of this information. The User may not place reliance on the information on the Website. The Company disclaims any liability that could arise if any user or any visitor to the Website relies on such materials.

This website is provided “as is” without any representations or warranties, express or implied. The Company makes no representations or warranties in relation to this website or the information and materials provided on this website. 

The Company does not warrant that this website will be constantly available, or available at all; or that the information on this website is complete, true, accurate, or non-misleading. Nothing on this website constitutes or is meant to constitute, advice of any kind.  If you require advice in relation to any matter you should consult an appropriate professional.

10. Contact Information

If you have any questions or concerns about these Terms of Use and Conditions, please contact the Company at info@omnicaresurgical.com.

OMNICARE PLUS, P. C.
PO BOX 30037
ELMONT NY 11003-0037
(718) 433-0044