Website Terms of Use

Last modified: February 13, 2025

ACCEPTANCE OF THE TERMS OF USE

These terms of use are entered into by and between You and Provision Wound Care, Inc. ("Company," "we,"

or "us"). The following terms and conditions, together with any documents they expressly incorporate by

reference (collectively, "Terms of Use"), govern your access to and use of including any content, functionality

and services offered on or through (the "Site"), whether as a guest or a registered user.

Please read the Terms of Use carefully before you start to use the Site. By using the Site, you accept and

agree to be bound and abide by these Terms of Use and our incorporated herein by reference. If you do not

want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Site.

This Website is offered and available to users who are 18 years of age or older. By using this Website, you

represent and warrant that you are of legal age to form a binding contract with the Company and meet all of

the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or

use the Site.

CHANGES TO THE TERMS OF USE

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are

effective immediately when we post them.

Your continued use of the Site following the posting of revised Terms of Use means you agree and that you

accept and agree to the changes. You are expected to check this page from time to time so you are aware of

any changes, as they are binding on you.

ACCESSING THE SITE AND ACCOUNT SECURITY

Page 1

Website Terms of Use

We reserve the right to withdraw or amend this Website, and any service or material we provide on the Site,

in our sole discretion without notice. We will not be liable if for any reason all or any part of the Site is

unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Site,

or the entire Website, to users, including registered users.

You are responsible for both:

Making all arrangements necessary for you to have access to the Site.

Ensuring that all persons who access the Site through your internet connection are aware of these Terms of

Use and comply with them.

To access the Site or some of the resources it offers, you may be asked to provide certain registration details

or other information. It is a condition of your use of the Site that all the information you provide on

the Site is correct, current and complete. You consent to all actions we take with respect to your information

consistent with our Privacy Policy and any other notices provided to you.

INTELLECTUAL PROPERTY RIGHTS

The Site and its entire contents, features and functionality (including but not limited to all information,

software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are

owned by the Company, its licensors or other providers of such material and are protected by United States

and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights

laws.

These Terms of Use permit you to use the Site for your personal, non-commercial use only. You 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, except as follows:

Your computer may temporarily store copies of such materials in RAM incidental to your accessing and

viewing those materials.

You may store files that are automatically cached by your Web browser for display enhancement purposes.

You may print one copy of a reasonable number of pages of the Site for your own personal, non- commercial

use and not for further reproduction, publication or distribution.

If we provide desktop, mobile or other applications for download, you may download a single copy to your

computer or mobile device solely for your own personal, non-commercial use, provided you agree to be

bound by our end user license agreement for such applications.

If we provide {Invalid hyperlink URL} with certain content, you may take such actions as are enabled by such

features.

You must not:

Modify copies of any materials from this site.

Use any illustrations, photographs, video or audio sequences or any graphics separately from the

accompanying text.

Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this

site.

You must not access or use for any commercial purposes any part of the Site or any services or materials

available through the Site.

If you wish to make any use of material on the Site other than that set out in this section, please address your

request to:

If you print, copy, modify, download or otherwise use or provide any other person with access to any part of

the Site in breach of the Terms of Use, your right to use the Site will cease immediately and you must, at our

option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Site

or any content on the Site is transferred to you, and all rights not expressly granted are reserved by the

Company. Any use of the Site not expressly permitted by these Terms of Use is a breach of these Terms of

Use and may violate copyright, trademark and other laws.

TRADEMARKS

The Company name, the terms ProvisionWC, the Company logo and all related names, logos, product and

service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must

not use such marks without the prior written permission of the Company. All other names, logos, product and

service names, designs and slogans on this Website are the trademarks of their respective owners.

PROHIBITED USES

You may use the Site only for lawful purposes and in accordance with these Terms of Use. You agree not to

use the Site:

In any way that violates any applicable federal, state, local or international law or regulation (including,

without limitation, any laws regarding the export of data or software to and from the US or other countries).

For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them

to inappropriate content, asking for personally identifiable information or otherwise.

To send, knowingly receive, upload, download, use or re-use any material which does not comply with the

set out in these Terms of Use.

To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail,"

"chain letter," "spam," or any other similar solicitation.

To impersonate or attempt to impersonate the Company, a Company employee, another user or any other

person or entity (including, without limitation, by using e-mail addresses associated with any of the foregoing).

To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Site, or which, as

determined by us, may harm the Company or users of the Site, or expose them to liability.

Additionally, you agree not to:

Use the Site in any manner that could disable, overburden, damage, or impair the site or interfere with any

other party's use of the Site, including their ability to engage in real time activities through the Site.

Use any robot, spider or other automatic device, process or means to access the Site for any purpose,

including monitoring or copying any of the material on the Site.

Use any manual process to monitor or copy any of the material on the Site, or for any other purpose not

expressly authorized in these Terms of Use, without our prior written consent.

Use any device, software or routine that interferes with the proper working of the Site.

Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or

technologically harmful.

Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Site, the server on

which the Site is stored, or any server, computer or database connected to the Site.

Attack the Site via a denial-of-service attack or a distributed denial-of-service attack.

Otherwise attempt to interfere with the proper working of the Site.

MONITORING AND ENFORCEMENT; TERMINATION

We have the right to:

Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or

unauthorized use of the Site.

Terminate or suspend your access to all or part of the Site for any or no reason, including without limitation,

any violation of these Terms of Use.

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or

court order requesting or directing us to disclose the identity or other information of anyone posting any

materials on or through the Site. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS

AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY

ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS

INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY

EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

RELIANCE ON INFORMATION POSTED

The information presented on or through the Site is made available solely for general information purposes.

We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on

such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance

placed on such materials by you or any other visitor to the Site, or by anyone who may be informed of any of

its contents.

This Website may include content provided by third parties, including materials provided by other users,

bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or

opinions expressed in these materials, and all articles and responses to questions and other content, other

than the content provided by the Company, are solely the opinions and the responsibility of the person or

entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We

are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided

by any third parties.

CHANGES TO THE SITE

We may update the content on this Website from time to time, but its content is not necessarily complete or

up-to-date. Any of the material on the Site may be out of date at any given time, and we are under no

obligation to update such material.

INFORMATION ABOUT YOU AND YOUR VISITS TO THE SITE

All information we collect on this Website is subject to our Terms of Service. By using the Site, you consent to

all actions taken by us with respect to your information in compliance with the Privacy Policy.

LINKING TO THE SITE AND SOCIAL MEDIA FEATURES

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our

reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of

association, approval or endorsement on our part without our express written consent.

This Website may provide certain social media features that enable you to:

Link from your own or certain third-party websites to certain content on this Website.

Send e-mails or other communications with certain content, or links to certain content, on this Website.

Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or

certain third-party websites.

You may use these features solely as they are provided by us and solely with respect to the content they are

displayed with. Subject to the foregoing, you must not:

Establish a link from any website that is not owned by you.

Cause the Site or portions of it to be displayed, or appear to be displayed by, for example, framing, deep

linking or in-line linking, on any other site.

Link to any part of the Site other than the homepage.

Otherwise take any action with respect to the materials on this Website that is inconsistent with any other

provision of these Terms of Use.

The Site from which you are linking, or on which you make certain content accessible, must comply in all

respects with the Content Standards set out in these Terms of Use.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We

reserve the right to withdraw linking permission without notice.

We may disable all or any social media features and any links at any time without notice in our discretion.

LINKS FROM THE SITE

If the Site contains links to other sites and resources provided by third parties, these links are provided for

your convenience only. This includes links contained in advertisements, including banner advertisements and

sponsored links. We have no control over the contents of those sites or resources, and accept no

responsibility for them or for any loss or damage that may arise from your use of them. If you decide to

access any of the third party websites linked to this Website, you do so entirely at your own risk and subject

to the terms and conditions of use for such websites.

GEOGRAPHIC RESTRICTIONS

The owner of the Site is based in the State of California in the United States. We provide this Website for use

only by persons located in the United States. We make no claims that the Site or any of its content is

accessible or appropriate outside of the United States. Access to the Site may not be legal by certain persons

or in certain countries. If you access the Site from outside the United States, you do so on your own initiative

and are responsible for compliance with local laws.

DISCLAIMER OF WARRANTIES

You understand that we cannot and do not guarantee or warrant that files available for downloading from the

internet or the Site will be free of viruses or other destructive code. You are responsible for implementing

sufficient procedures and checkpoints to satisfy your requirements for anti-virus protection and accuracy of

data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.

WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED

DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT

MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER

PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES OR ITEMS OBTAINED

THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY

WEBSITE LINKED TO IT.

YOUR USE OF THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE

SITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED

THROUGH THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY

WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY

PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH

RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR

AVAILABILITY OF THE SITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR

ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SITE, ITS

CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL BE ACCURATE,

RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR

SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL

COMPONENTS OR THAT THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE

WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR

IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF

MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR

LIMITED UNDER APPLICABLE LAW.

LIMITATION ON LIABILITY

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES

OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS

BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN

CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY WEBSITES LINKED TO IT,

ANY CONTENT ON THE SITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED

THROUGH THE SITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL,

INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO,

PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF

PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL,

LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF

CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED

UNDER APPLICABLE LAW.

INDEMNIFICATION

You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service

providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers,

successors and assigns 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 or your use of the Site, any use of the Site's content, services and products other than as

expressly authorized in these Terms of Use, or your use of any information obtained from the Site.

GOVERNING LAW AND JURISDICTION

All matters relating to the Site and these Terms of Use, 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 in

accordance with the internal laws of the State of California without giving effect to any choice or conflict of law

provision or rule (whether of the State of California or any other jurisdiction).

Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Site shall be

instituted exclusively in the federal courts of the United States or the courts of the State of California although

we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in

your country of residence or any other relevant country. You waive any and all objections to the exercise of

jurisdiction over you by such courts and to venue in such courts.

ARBITRATION

At Company's sole discretion, it may require You to submit any disputes arising from these Terms of Use or

use of the Site, including disputes arising from or concerning their interpretation, violation, invalidity,

non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the

American Arbitration Association applying California law.

LIMITATION ON TIME TO FILE CLAIMS

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE

TERMS OF USE OR THE SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF

ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

WAIVER AND SEVERABILITY

No waiver of by the Company of any term or condition set forth in these Terms of Use shall be deemed a

further or continuing waiver of such term or condition or a waiver of any other term or condition, and any

failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of

such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be

invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum

extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

ENTIRE AGREEMENT

The Terms of Use, our Privacy Policy, and if applicable, our Notice of Privacy Practices constitute the sole

and entire agreement between you and Provision Wound Care, Inc. with respect to the Site and supersede all

prior and contemporaneous understandings, agreements, representations and warranties, both written and

oral, with respect to the Site.

YOUR COMMENTS AND CONCERNS

This website is operated by Provision Wound Care, Inc., 15130 Ventura Blvd. Suite #251 Sherman Oaks, CA

91403

All notices, feedback, comments, requests for technical support and other communications relating to the Site should be directed to info@provisionwc.com.