Terms and Conditions

Agreement between user and www.korr.com

Welcome to www.korr.com. The www.korr.com website (the “Site”) is comprised of various web pages operated by KORR Medical Technology Inc. (“KORR Medical Technology”). www.korr.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of www.korr.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.

KORR™ manufactures and sells metabolic test equipment for the assessment of VO2 Max and Resting Metabolic Rate. www.korr.com has a online store to offer replacement parts for it’s products deeming the site to be an E-commerce Site.

Privacy

Your use of www.korr.com is subject to KORR Medical Technologies Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.

Cancellation/Refund Policy

Once an order is confirmed, we cannot change or cancel it. Be sure to check your order before checking out. All sales are final.

Rental Policy

The purpose of the Rental is to provide product for the customer while their product is being serviced at a KORR authorized service center.  Customer is allowed unlimited use of the Rental unit until their serviced unit has been returned.  Upon receipt of their unit with service completed from the KORR service department, customer is required to return the Rental unit within 5 business days.

Customer commits to return the rental unit and the power cord to KORR at the end of the Rental period in as good condition as they were received and in their original boxes.  If Customer fails to return the Rental units to KORR within 5 days of receipt of their original unit, Customer will be responsible to pay KORR the full purchase price of the unit and power cord.

Customer will be responsible for the KORR Rental unit and power cord throughout the Rental period.  Customer agrees to use reasonable care with respect to the Rental and assumes all risk of loss, theft or damage to the Rental while it is in Customer’s possession; and in the event of such loss, damage or theft, Customer agrees to pay KORR the full purchase price of the unit and/or power cord.

Title to the Rental product, software and marketing materials shall at all times remain with KORR.  KORR reserves all rights in patents, copyrights, trade secrets and other intellectual property in the Rental.  Customer agrees not to allow any security interest, mortgage, lien or other encumbrance to be placed on the Rental and shall indemnify KORR for failure to do so.  Customer, its agents or employees shall not copy, abstract, reverse engineer, decompile or disassemble the Rental product.  Customer agrees to pay the full purchase price of the unit if it is returned with the warranty seal broken.

The Rental is provided “as is” without any warranty whatsoever.  KORR expressly disclaims all warranties, guarantees and remedies, whether express, statutory or implied, including without limitation, the implied warranties of merchantability and fitness for a particular purpose.  In no event will KORR be liable for any damages, losses or expenses arising out of Customer’s use, possession or operation of the Rental products.

International Shipping Disclaimer
Duties and taxes:  You, the buyer, are responsible for any duty, taxes, VAT, tariff, customs handling fees, and so on that are required by your country for importing our goods.  We do not collect such charges from you prior to shipping and therefore such charges are not included in the purchase price.  Furthermore, as charges vary from country to country around the world, we cannot provide an estimate of what such charges may be.  We encourage you to research what such charges might be in advance of your purchase, in order to know what any additional charges might be.  You may want to check with your local customs or postal office for more information.  It is your responsibility to verify such charges before your purchase.  If such customs charges are refused at the time of delivery, your order will be returned and you will not receive a refund for shipment costs.

Delivery Timing:  You should receive an email shortly after placing your order showing your estimated shipping date.  Please contact us if you have not received it within 72 business hours of placing your order.  Shipment confirmation and tracking information will be sent to you via the email address you provided at the time of order.  We are not responsible for mistakes in delivery errors or missed email due to incorrect shipping or email address information provided by you.

Purchase Order Charges
Any Purchase Orders that are required to be manually processed by KORR will be charged a processing fee of $7.50.

Shipping Charges
Purchasers may request to use their own shipping account.  In such instances, KORR will accommodate the request, but reserves the right to assess an additional handling fee or $2.50 per box or $7.50 per order, whichever is greater.

Electronic Communications

Visiting www.korr.com or sending emails to KORR Medical Technology constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

Your account

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that KORR Medical Technology is not responsible for third party access to your account that results from theft or misappropriation of your account. KORR Medical Technology and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.

KORR Medical Technology does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use www.korr.com only with permission of a parent or guardian.

Links to third party sites/Third party services

www.korr.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of KORR Medical Technology and KORR Medical Technology is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. KORR Medical Technology is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by KORR Medical Technology of the site or any association with its operators.

Certain services made available via www.korr.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the www.korr.com domain, you hereby acknowledge and consent that KORR Medical Technology may share such information and data with any third party with whom KORR Medical Technology has a contractual relationship to provide the requested product, service or functionality on behalf of www.korr.com users and customers.

No unlawful or prohibited use/Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use www.korr.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to KORR Medical Technology that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of KORR Medical Technology or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. KORR Medical Technology content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of KORR Medical Technology and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of KORR Medical Technology or our licensors except as expressly authorized by these Terms.

Third Party Accounts

You will be able to connect your KORR Medical Technology account to third party accounts. By connecting your KORR Medical Technology account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.

International Users

The Service is controlled, operated and administered by KORR Medical Technology from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the KORR Medical Technology Content accessed through www.korr.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

Indemnification

You agree to indemnify, defend and hold harmless KORR Medical Technology, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. KORR Medical Technology reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with KORR Medical Technology in asserting any available defenses.

Liability disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. KORR MEDICAL TECHNOLOGY AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

KORR MEDICAL TECHNOLOGY AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. KORR MEDICAL TECHNOLOGY AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL KORR MEDICAL TECHNOLOGY AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF KORR Medical Technology OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

Termination/access restriction

KORR Medical Technology reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Utah and you hereby consent to the exclusive jurisdiction and venue of courts in Utah in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and KORR Medical Technology as a result of this agreement or use of the Site. KORR Medical Technologies performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of KORR Medical Technologies right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by KORR Medical Technology with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and KORR Medical Technology with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and KORR Medical Technology with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

Changes to Terms

KORR Medical Technology reserves the right, in its sole discretion, to change the Terms under which www.korr.com is offered. The most current version of the Terms will supersede all previous versions. KORR Medical Technology encourages you to periodically review the Terms to stay informed of our updates.

Contact Us

KORR Medical Technology welcomes your questions or comments regarding the Terms:

KORR Medical Technology
3487 W 2100 South Bldg #300
Salt Lake City, UT 84119
Email Address: support@korr.com

Last updated as of September 14, 2013