Terms and Conditions

AGREEMENT BETWEEN WEBSITE USER AND GOSAFE
Please read these Terms and Conditions carefully before accessing or using this website. By accessing the website, you agree to be bound by the terms and conditions contained herein. If you do not want to be bound by these terms and conditions, you should not access or use this website. W. Joe Shaw, LTD d/b/a GoSafe (referred to herein as “GoSafe”, “we”, “our”, or “us”) may revise these terms and conditions at any time without notice. Your continued access or use of this website shall be deemed your acceptance of any modified terms and conditions. GoSafe reserves the right to change the contents of this website and the products and/or services referenced herein at any time.

Copyrights and Trademarks
GoSafe retains copyright on all text, design, graphics, interfaces, or code and the selection and arrangements as a collective work on this website under United States copyright laws. The collective work includes works that are licensed to GoSafe. Copyright 2000, 2001. ALL RIGHTS RESERVED. All trademarks, service marks, and trade names (collectively the "Marks") are trademarks or registered trademarks of and are proprietary to GoSafe, or other respective owners that have granted GoSafe the right and license to use such Marks.

Restrictions on Use
You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, products or services found on this website. Any other use of materials on this website, including but not limited to the modification, reproduction, distribution, republication, display or transmission of the content of this website, without prior written permission of Gosafe is strictly prohibited.

Privacy and Security
GoSafe will obtain certain personal information about you in order to provide a good or service to you. When you connect with this website, GoSafe places a small text file, called a “cookie” on your hard drive as a means of identifying you to our computers in the future. Cookies are a standard type of data file used by website administrators to facilitate your ongoing access to and use of a particular website. If you do not wish to receive this or other cookies when you are online, or wish to condition your receipt of such files, many web browsers have settings that will allow you to block or condition their receipt. Cookies may be necessary, however, to provide you with certain features, such as merchandise transactions on this website.
GoSafe cannot guarantee the confidentiality of information exchanged over the Internet. We do employ secure technologies, such as the VeriSign Secured Seal, as part of our VeriSign® SSL Service. This service helps us deliver a secure and convenient way for our customers to interact with us over the Internet. The VeriSign Secured Seal is recognized as one of the most trusted security mark on the Internet and provides our customers the confidence to complete their transactions with us.
Modification of these Terms of Use
Medsafe/Gosafe reserves the right to change the terms, conditions, and notices under which the Medsafe/Gosafe Web Sites are offered, including but not limited to the charges associated with the use of the Medsafe/Gosafe Web Sites. You are responsible for regularly reviewing these terms and conditions.

Limitation of Liability
The information on this website, including, without limitation, blog posts and videos, is subject to change without notice, and GoSafe assumes no commitment to update any information on this website. Your use of this website is at your own risk. ALL INFORMATION AND CONTENT AVAILABLE ON, OR ACCESSIBLE FROM, THIS WEBSITE ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS AND SUITABILITY FOR AN INTENDED PURPOSE, OR ANY WARRANTIES ARISING FROM COURSE OF DEALING, CUSTOM, OR TRADE USE. IN NO EVENT SHALL GOSAFE BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OR ANY OTHER DAMAGES OF ANY KIND WHICH MAY ARISE OUT OF ANY PERSON’S ACCESS OR INABILITY TO ACCESS THIS WEBSITE OR RELIANCE ON THE INFORMATION CONTAINED ON THIS WEBSITE. GoSafe makes no representations or warranties about the accuracy or completeness of the information contained on this website. GoSafe assumes no responsibility for any consequence relating directly or indirectly to any action or inaction that you or anyone else takes based on the information, services, or other materials from this website.

Governing Law and Venue
These terms and conditions will be governed by and construed in accordance with the laws of the state of Texas, without regard to its conflicts of laws provisions. Any dispute concerning this website or the information contained on this website will be subject to venue of a court of competent jurisdiction in Harris County, Texas. If any provision of these terms and conditions is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.


PURCHASE ORDER TERMS AND CONDITIONS
These Terms and Conditions (“Terms”) shall apply to the purchase by a customer (“Customer”) of goods and/or services (“Products”) from W. Joe Shaw, LTD d/b/a GoSafe (“GoSafe”). If there is no written contract signed by both Customer and GoSafe covering such goods and/or services, these Terms will govern the purchase.

Title; Risk of Loss. Title to Products purchased will transfer to Customer upon delivery to the destination as specified in the Purchase Order, acceptance by Customer, and payment of all related invoiced amounts. Any Products not rejected by Customer within ten (10) days after delivery, or any Products placed into service by Customer, are considered accepted. Risk of loss of any Products purchased is transferred to Customer upon delivery to the destination as specified in the Purchase Order.

Damage/Shortage Claims. Customer is responsible for inspecting all orders for damages or shortages and must report any incidence of Product damage and/or shortage to GoSafe in writing within seven (7) business days of delivery of Products. GoSafe is not responsible or liable to Customer for any Product damage and/or shortage that is not reported to GoSafe in writing within seven (7) business days of delivery to Customer.

Sales Tax. GoSafe is required by law to charge applicable sales tax to all orders shipping to certain states, including Texas, Louisiana, Arkansas, Oklahoma, Mississippi & Massachusetts. Customer must submit any tax exemption certificate to GoSafe’s accounting department by fax, mail or email to accounting@gosafe.com. All applicable taxes which GoSafe intends to pass along to Customer, including sales, use and excise taxes (whether national, local or otherwise) levied on the Products purchased under these Terms will be designated in writing and separately captioned on an applicable invoice or other documentation submitted to Customer.

Payment Terms. GoSafe will invoice Customer for Products upon shipping to the delivery points specified in the applicable Purchase Order. Invoices will include applicable taxes, freight charges, duties and other costs incidental to the purchase of Products. All pricing in invoices and payments must be in U.S. Dollars. Customer agrees to pay all invoiced amounts within thirty (30) days after receipt of invoice. If Customer disputes any invoiced amounts in good faith, Customer will pay all undisputed amounts and will provide a written summary of the disputed portion and the basis of the dispute to GoSafe, within ten (10) days after receipt of the invoice. If a dispute arises, Customer will not deduct or offset any amounts from amounts invoiced by GoSafe. GoSafe is entitled to apply any overpayments by Customer to other amounts due to GoSafe from Customer, without notice.

Warranty of Title. GoSafe warrants it has good title to the Products and the right to sell the Products to Customer free of any encumbrances of any third party.

Manufacturer’s Warranty. To the extent allowed under applicable law and by the terms of manufacturer’s warranties, GoSafe agrees to pass through any existing manufacturer’s warranties of the Products to Customer. In the event of a breach or alleged breach of a manufacturer’s warranty, Customer agrees to process and prosecute the warranty claim by and through GoSafe, unless the terms of manufacturer’s warranty require or allow Customer to process and prosecute the warranty claim directly with the manufacturer. GoSafe agrees to use reasonable commercial efforts to process and prosecute the warranty claim on Customer’s behalf, subject to the terms of the warranty. OTHER THAN THE WARRANTIES SET FORTH ABOVE, CUSTOMER ACKNOWLEDGES AND AGREES THAT THE PRODUCTS ARE BEING SOLD WITHOUT ANY WARRANTY WHATSOEVER FROM GOSAFE (OTHER THAN WARRANTIES OF TITLE), AND ALL IMPLIED AND EXPRESS WARRANTIES (OTHER THAN WARRANTIES OF TITLE) ARE HEREBY DISCLAIMED; INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS, AND SUITABILITY OF THE PRODUCTS FOR INTENDED USE, OR ANY WARRANTIES ARISING FROM COURSE OF DEALING, CUSTOM OR TRADE USE, IMPORT OR SALE IN ANY PARTICULAR COUNTRY OR JURISDICTION.

LIAIBLITY AND LIMITATION OF DAMAGES. IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR INCIDENTAL, CONSEQUENTIAL (INCLUDING LOST PROFITS), SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES IN CONNECTION WITH THE PRODUCTS OR ANY OBLIGATION ARISING OUT OF THESE TERMS, EVEN IF NOTICE WAS GIVEN OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF SUCH DAMAGES WERE REASONABLY FORESEEABLE.

INDEMNIFICATION. EACH OF CUSTOMER AND GOSAFE (AS “INDEMNIFYING PARTY”) SHALL DEFEND, INDEMNIFY, AND HOLD THE OTHER PARTY AND ITS AGENTS, OFFICERS, AFFILIATES, DIRECTORS, SHAREHOLDERS, AND EMPLOYEES (EACH OF THEM, INDIVIDUALLY, AN “INDEMNIFIED PARTY”) HARMLESS AGAINST AND FROM ANY AND ALL ACTIONS, SUITS, LIABILITIES, SETTLEMENTS, LOSSES, DAMAGES, CHARGES, COSTS, COUNSEL FEES, AND ALL OTHER EXPENSES RELATING TO OR ARISING IN CONNECTION WITH ANY AND ALL CLAIMS (WHETHER OR NOT MERITORIOUS) RELATING TO, OR ARISING OUT OF, THESE TERMS TO THE EXTENT CAUSED BY THE ACTUAL NEGLIGENCE, DISHONESTY, WILLFUL MISCONDUCT OR NEGLIGENT OMISSION BY THE INDEMNIFYING PARTY, OR ANY OF ITS EMPLOYEES OR AGENTS; AND IN CASE ANY ACTION, SUIT OR PROCEEDING SHALL AT ANY TIME (EITHER DURING OR AFTER THE TERM HEREOF) BE BROUGHT AGAINST AN INDEMNIFIED PARTY BY REASON OF ANY SUCH CLAIM, THE INDEMNIFYING PARTY SHALL RESIST AND DEFEND SUCH ACTION, SUIT OR PROCEEDING, AT THE SOLE EXPENSE OF THE INDEMNIFYING PARTY BY COUNSEL MUTUALLY ACCEPTABLE BY THE PARTIES, PROVIDED THAT (A) THE INDEMNIFIED PARTY NOTIFIES THE INDEMNIFYING PARTY PROMPTLY IN WRITING OF THE CLAIM AND (B) THE INDEMNIFIED PARTY PROVIDES THE INDEMNIFYING PARTY WITH ALL REASONABLY NECESSARY ASSISTANCE, INFORMATION, AND AUTHORITY TO PERFORM THE FOREGOING AT THE INDEMNIFYING PARTY’S EXPENSE. IN THE EVENT OF THE JOINT OR CONCURRENT NEGLIGENCE OR FAULT OF THE INDEMNIFYING PARTY AND ANY INDEMNIFIED PARTIES, THE INDEMNIFYING PARTY’S INDEMNIFICATION, DEFENSE, AND HOLD HARMLESS OBLIGATION HEREUNDER SHALL BE LIMITED TO ITS ALLOCABLE SHARE OF SUCH JOINT OR CONCURRENT NEGLIGENCE OR FAULT.

Force Majeure. GoSafe is not liable for default in the performance or discharge of any duty or obligation under these Terms to the extent caused by acts of God, civil or military authority, public enemy, fire, floods, winds, storms, labor disorders, strikes, work stoppages or other labor trouble, accidents, riots, civil commotion, closing the public highways, terrorist acts or threats, governmental interference or regulations and other contingencies, similar to the foregoing, beyond its reasonable control.

Governing Law, Venue and Severability These Terms will be governed by and construed in accordance with the laws of the state of Texas, without regard to its conflicts of laws provisions. Any dispute concerning these Terms will be subject to venue of a court of competent jurisdiction in Harris County, Texas. If any provision of these terms and conditions is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.