FitRight Fresh Start is owned and operated by Medline Industries, LP. All access to and use of this website is governed by these terms. This website operates for access by residents of the United States of America, its territories and possessions. The FITRIGHT Site is made available to you conditioned on your acceptance without modification of these terms of use. Your use of the FITRIGHT Site constitutes your agreement to these terms of use. Your use of other sites provided by FITRIGHT may be subject to additional terms, notices and policies posted on that website, and those additional terms shall control as to that FITRIGHT site. Entering into this website indicates that you have reviewed the website’s Terms of Use and have agreed to be bound by these terms.
All information provided on this website is subject to change without notice. While efforts have been made to make this website helpful and accurate, due to the open nature of this website, and the potential for errors in the storage and transmission of digital information, FitRight does not warrant the accuracy of information obtained from this website. ALL MATERIALS POSTED ON THIS SITE ARE “AS IS” AND WITHOUT WARRANTIES EXPRESS OR IMPLIED. FITRIGHT DISCLAIMS ALL WARRANTIES INCLUDING THE IMPLIED WARRANTY OF MERCHANTIBILITY AND FITNESS FOR A PARTICULAR PURPOSE. FITRIGHT DOES NOT WARRANT THAT FUNCTIONS CONTAINED ON THIS SITE WILL BE UNINTERUPPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FITRIGHT DOES NOT WARRANT OR REPRESENT THE USE OF THE MATERIALS ON THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
Any statements about FITRIGHT products or services on the FITRIGHT Site are intended to refer only to those FITRIGHT products and services offered in the United States. Materials published on the FITRIGHT Site may refer to products or services that are not available outside the United States. You should not construe anything on the FITRIGHT Site as a promotion or solicitation for any product or service or for the use of any product or service that is not authorized by the laws and regulations of any country or territory outside them United States. Although the FITRIGHT Site may contain links to third-party websites located inside or outside the United States (each, a “Linked Website”), information on any Linked Website may be appropriate only to a particular territory or particular users.
The FITRIGHT Site is not intended for use by children. We will not knowingly collect information about children under the age of thirteen and will otherwise comply with the Children’s Online Privacy Protection Act of the United States and other applicable laws and regulations of the United States.
Access to this website is limited to viewing the linked web pages solely for legitimate business purposes to access the information provided by FitRight at this website. Any access or attempt to access other areas of the FitRight computer system or other information contained on the system for any purposes is strictly prohibited. You may not use any information contained on this website other than in connection with a legitimate business purpose.
Information presented on the FITRIGHT Site, including information regarding lifestyle and health-related issues, beneficial characteristics of FITRIGHT products, and information contained in the First Aid Guide, Tips for Parents, and the First Aid Checklist pages, is presented in summary form for the purposes of consumer awareness; that information is typically general in nature and is not intended nor recommended as a substitute for professional medical advice or professional advice concerning first aid or other health-related topics. Always seek the advice of your physician or other qualified health-care provider regarding any medical or therapeutic concern and treatment options. You should not use the FITRIGHT Site for diagnosing or treating a physical ailment or condition or medical problem of any kind. Never disregard medical or therapeutic advice of a licensed professional or delay in seeking that advice because of something you have read on the FITRIGHT Site or any Linked Website.
This website contains FitRight and third-party trademarks and service marks. All marks are the property of their respective companies. All rights in the intellectual property contained in this website including copyright, trademarks, trade secret and patent rights are reserved. Access to this website does not constitute a right to copy or use any of the intellectual property of FitRight or its suppliers. Statutory notice contained herein represents trademark status in the United States.
The FITRIGHT Site is protected by United States and international law, including copyright and trademark laws. These terms of use do not grant any license to modify, alter or frame the materials on the FITRIGHT Site that are viewed, downloaded or otherwise accessed by you. FITRIGHT reserves the right to disable any unauthorized links or frames. If you desire to provide a link from your website to the FITRIGHT Site, or to frame them, you must contact FITRIGHT for permission via the contact method provided on the FITRIGHT Site. FITRIGHT will be under no obligation, however, to permit any link or frame.
Your license under these terms of use does not include: any right of resale or of commercial use of the FITRIGHT Site or its contents; any derivative use of the FITRIGHT Site or its contents; or any use of data mining, robots, or similar data-gathering and extraction tools in connection with the FITRIGHT Site. You may not remove or alter any proprietary notices, including copyright notices, contained on any downloadable materials and you must comply with all applicable end-user license agreements, website policies and terms of use. You may not input or upload onto the FITRIGHT Site any information or computer code that is intended to, or are likely to, damage, interfere with, alter, intercept or expropriate any data or system, or that infringes any intellectual-property rights of FITRIGHT or any third party. Inappropriate inputs and uploads include Trojan horses, worms, time bombs, cancelbots and other unauthorized computer programming routines. You are also prohibited from posting or transmitting any unlawful, threatening, obscene, libelous, or otherwise offensive material, or engaging in any kind of harassment activity via the FITRIGHT Site or any Linked Website.
FITRIGHT may provide new features or information on the FITRIGHT Site, each of which will be subject to these terms of use. We encourage you to visit the FITRIGHT Site from time to time to review the new information provided on them to review the current versions of their respective terms of use.
FITRIGHT shall have no responsibility for errors of any kind on the FITRIGHT Site, any other site provided by FITRIGHT, or any Linked Website. Errors may include incorrect product and service descriptions, typographical errors and obsolete information, with the result that product and service descriptions, pricing information and the descriptions of promotional offers or other data may not be complete, current or accurate. Errors may result in the failure to honor an order or request placed by you based on incorrect information. Because actual colors and the “look and feel” you see on the FITRIGHT Site will depend on your monitor and other technical factors, FITRIGHT cannot guarantee that any video display of any product information or other data will be accurate at any time.
Products and services described on the FITRIGHT Site are available only while supplies last, and FITRIGHT reserves the right to discontinue the production of any product, and to discontinue the offering or sale of any product or service at any time, without notice. The display of, or any reference to, any product or service on the FITRIGHT Site or any Linked. Website does not signify that the product or service is or will be available in the United States. FITRIGHT also cannot guarantee that any particular product or service displayed on the FITRIGHT Site will be available through any particular retailer, even if that retailer has indicated that the product or service is available through it or if the retailer is mentioned on the FITRIGHT Site.
In part to optimize characteristics for specific markets, products and their specifications may vary by territory; accordingly, products displayed or referenced on the FITRIGHT Site for sale in the United States of America may differ from those products for sale in other territories in the world and user results may therefore differ.
Any prices stated by FITRIGHT on the FITRIGHT Site are suggested prices only; all retailer prices accessed by you through the FITRIGHT Site or otherwise provided to you are subject to change without notice and might not include shipping and handling or any applicable sales taxes or customs duties. Return and refund policies vary by retailer and are not the responsibility of FITRIGHT. FITRIGHT will not be a party to any sales transaction or other transaction you may make with any retailer, either online, by telephone or otherwise. FITRIGHT therefore can make no guarantee that any retailer will fulfill any product order or honor any other commitment, promise or obligation to you.
From time to time, we may offer users of the FITRIGHT Site the opportunity to receive information, special offerings, and promotions, and to participate in contests and sweepstakes. We may also solicit requests from users for contact information for others who might be interested in FITRIGHT products and services.
In order to take advantage of the full capabilities of the FITRIGHT Site, such as the participation in certain special offerings, clubs, promotions, contests, sweepstakes, and to receive e-mailed information and announcements, you may be asked to send us information about yourself. Providing that information is entirely voluntary on your part and the use and enjoyment of many aspects of the FITRIGHT Site will still be possible if you elect not to provide that information.
We may use your information to process your requests regarding FITRIGHT products, services, clubs and programs, to respond to your inquiries and for other purposes specified from time to time on the FITRIGHT Site. We may also use your information to provide to you information regarding other FITRIGHT products, services, and promotional activities that may be of interest to you. In addition, if you register for any service, or if you enter any sweepstakes or contest sponsored by FITRIGHT or featured on the FITRIGHT Site, we may, in addition to other uses specified in that registration or entry form, use your information to communicate with you regarding your registration or entry. Entry and conduct of all sweepstakes and contests shall be governed by their respective official rules.
We respect your privacy and the privacy of others, and we will, of course, endeavor to take care of any information you supply to us. If you believe, however, that any such information is so private to you or to any other person that possible disclosure would be embarrassing or otherwise inappropriate, we ask that you do not supply that information. We do require, however, that the information you elect to provide to us be true, accurate, current and complete, and we request that you update that information as necessary.
Linked Websites are likely governed by their own confidentiality and privacy provisions. FITRIGHT is not responsible for those provisions and expressly disclaims any liability relating to any aspect of them, including their enforcement or lack of enforcement.
The submission by you of any information about yourself while using the FITRIGHT Site constitutes consent by you to the collection, use and disclosure of that information by FITRIGHT in accordance with these terms of use. The FITRIGHT Site may use passive information devices, including, without limitation, the collection of Internet IP addresses and navigational data and the use of cookies. Although FITRIGHT takes reasonable steps to protect information that you may submit to it through the FITRIGHT Site, FITRIGHT cannot guarantee the security of that information. You should also bear in mind that Internet transmissions are never completely secure, nor can they be guaranteed error-free. You therefore understand that, by use of the FITRIGHT Site, you are assuming the security risk for any information that you transmit through it.
The FITRIGHT Site, including any content or information contained within it and any Linked Websites, are provided “as is” and “as available.” AS TO THE FITRIGHT SITE, AND ANY SUCH LINKED WEBSITE, TO THE FULLEST EXTENT PERMITTED BY LAW, FITRIGHT EXPRESSLY DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES, HOWSOEVER CLAIMED.
Without limitation to the foregoing, FITRIGHT makes no warranty: (a) that there will be no interference with your enjoyment of the FITRIGHT Site; (b) that the information provided will fulfill any particular purpose or need; (c) that the information provided is complete, reliable or accurate; (d) that any request will be honored according to your schedule or any stated schedule; (e) that the FITRIGHT Site will otherwise meet any specifications, requirements or expectations; (f) that the FITRIGHT Site will be uninterrupted, timely, secure or error free; (g) that the results that may be obtained from use of the FITRIGHT Site will be accurate and reliable; (h) that any errors in the content of the FITRIGHT Site will be corrected; (i) that materials on the FITRIGHT Site are appropriate or available for use in any particular location; or (j) that products or services displayed or referenced on the FITRIGHT Site are available for use in any particular location.
You assume total responsibility and risk for your use of the FITRIGHT Site, other sites provided by FITRIGHT, and any Linked Website. Any material downloaded or otherwise obtained through the use of the FITRIGHT Site or other sites provided by FITRIGHT shall be so obtained at your own discretion and risk. FITRIGHT will not be responsible for any damage to your computer system or loss of data that results from so obtaining any such material.
IN NO EVENT SHALL FITRIGHT, ITS AFFILIATES, OTHER RELATED ENTITIES, SUBSIDIARIES, JOINT VENTURES, PARTNERS, ENTITIES IN SUBSTANTIAL COMMON CONTROL OR THEIR RESPECTIVE SHAREHOLDERS, OFFICERS, DIRECTORS OR EMPLOYEES BE LIABLE FOR ANY LOST PROFITS, LOST OPPORTUNITIES OR ANY DIRECT, INDIRECT, COMPENSATORY, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT MAY ARISE, DIRECTLY OR INDIRECTLY, FROM ACCESS TO THE FITRIGHT SITE, FROM THE USE OF THE FITRIGHT SITE OR ANY LINKED WEBSITES, FROM THE INABILITY TO USE THE FITRIGHT SITE OR ANY LINKED WEBSITES, THROUGH THE DOWNLOADING OF ANY CONTENT (INCLUDING, WITHOUT LIMITATION, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THE FITRIGHT SITE) OR IN CONNECTION WITH ANY VIRUSES, BUGS, ACTION OR INACTION OF ANY COMPUTER SYSTEM, TELEPHONE LINE, HARDWARE, SOFTWARE OR PROGRAM MALFUNCTION, OR ANY OTHER ERROR, FAILURE OR DELAY IN DATUM TRANSMISSION OR NETWORK CONNECTION, EVEN IF ADVISED OF THE POSSIBILITY OF THAT DAMAGE. FITRIGHT shall have no liability for the deletion of any communications or information collected, maintained or transmitted by the FITRIGHT Site or the failure to store any information, including personalized settings. FITRIGHT has no liability with respect to any information posted by users on chat rooms, bulletin boards or other user fora.
We may change or revise these terms of use from time to time by updating this posting. Without limitation, FITRIGHT reserves the right to change its general practices and restrictions regarding use of the FITRIGHT Site at any time, in its sole discretion, with or without notice. Your use of the FITRIGHT Site reaffirms your continuing agreement to the then-current version of these terms of use.
FITRIGHT may, in its sole discretion, terminate your use of the FITRIGHT Site or cancel or terminate your rights under these terms of use for any reason, without prior notice. Upon termination or cancellation, you will immediately discontinue use of the FITRIGHT Site. In its sole discretion, and at any time, FITRIGHT may also discontinue providing the FITRIGHT Site or any one or part of them, with or without notice. FITRIGHT shall not beliable to you or any third party for any of the foregoing. Sections 3, 4, 7, 8, 9, 10, 13, 14 and 15 shall survive the expiration or termination of these terms of use.
This Site may have links to other sites which are not maintained by FitRight. FitRight is not responsible for the content of those sites. The inclusion of any link to such sites does not imply endorsement, sponsorship, or recommendation by FitRight of the sites. FitRight disclaims any liability for links: (i) from another website to FitRight; and (ii) to another website from FitRight. Third-party websites (and any websites to which they link) may also contain information that is inaccurate, incomplete, or outdated. FITRIGHT does not endorse or provide warranties of any kind as to the proprietors or content of any Linked Websites, including any linked website of any joint venture company or other company related to FITRIGHT. FITRIGHT does not endorse any “off-label use,” meaning, “use for indication, dosage form, dose regimen, population or other use parameter not mentioned in the approved labeling.”
All claims regarding the FITRIGHT Site shall be governed according to the laws of the State of Connecticut, United States of America, without regard to its conflicts of law principles. Any claim or action arising under these terms of use shall be subject to the exclusive jurisdiction of courts in Fairfield County, State of Connecticut, United States of America.
These terms of use constitute the entire agreement between you and FITRIGHT with respect to use of the FITRIGHT Site, superseding any other agreement between you and FITRIGHT with respect to the subject matter of these terms of use. Section headings in these terms of use are for convenience only and have no legal or contractual effect. If any provision of these terms of use shall be found to be unenforceable, the other provisions shall still remain in full force and effect.