Terms and Conditions

**TERMS AND CONDITIONS**
**PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. **
All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.
**Copyright**
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Texas Scrubs and Embroidery. The collective work includes works that are licensed to Texas Scrubs and Embroidery. Copyright 2017, Texas Scrubs and Embroidery ALL RIGHTS RESERVED.
Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Texas Scrubs and Embroidery or purchasing Texas Scrubs and Embroidery products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with Texas Scrubs and Embroidery or to purchase Texas Scrubs and Embroidery products.
Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by Texas Scrubs and Embroidery. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
**Trademarks**
All trademarks, service marks and trade names of Texas Scrubs and Embroidery used in the site are trademarks or registered trademarks of Texas Scrubs and Embroidery
**Warranty Disclaimer**
This site and the materials and products on this site are provided “as is” and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, **Texas Scrubs and Embroidery** disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement.
Texas Scrubs and Embroidery does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components.
Texas Scrubs and Embroidery does not make any warranties or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
**Limitation of Liability**
Texas Scrubs and Embroidery shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if Texas Scrubs and Embroidery has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
**Typographical Errors**
In the event that a Texas Scrubs and Embroidery product is mistakenly listed at an incorrect price, Texas Scrubs and Embroidery reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Texas Scrubs and Embroidery reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged.  If your credit card has already been charged for the purchase and your order is cancelled, Texas Scrubs and Embroidery shall issue a credit to your credit card account in the amount of the incorrect price.
**Color Information**
While Texas Scrubs and Embroidery has tried to accurately display the colors of products, the actual colors you see will depend on your monitor and may not be accurate.
**Third Party Content and Third Party Sites**
Texas Scrubs and Embroidery may provide content of third parties (“Third Party Content”)or links to Third Party Sites as a service to those interested in this information. Texas Scrubs and Embroidery does not monitor, approve or have any control over any Third Party Content or the Third Party Sites and the inclusion of links to Third Party Content or Third Party Sites does not imply any association or relationship between Texas Scrubs and Embroidery and such third party. Texas Scrubs and Embroidery does not guarantee, endorse or adopt the accuracy or completeness of any Third Party Content or any Third Party Site. Texas Scrubs and Embroidery is not responsible for updating or reviewing Third-party Content or Third Party Sites. You use Third Party Content and Third Party Sites at your own risk. Third Party Content, including comments from third party users submitted to Texas Scrubs and Embroidery through the Interactive Services, do not necessarily reflect the views of Texas Scrubs and Embroidery.
**Term; Termination**
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by Texas Scrubs and Embroidery without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
Texas Scrubs and Embroidery reserves the right to change or modify any of the terms and conditions contained in the Terms of Use, Guidelines and Rules from time to time at any time, without notice, and in its sole discretion. If Texas Scrubs and Embroidery decides to change these Terms of Use, Texas Scrubs and Embroidery will post a new version on the Sites and update the date set forth above. Any changes or modifications to these Terms of Use, Guidelines or Rules will be effective upon posting of the revisions. Your continued use of the Sites following posting of any changes or modifications constitutes your acceptance of such changes or modifications and if you do not agree with these changes or modifications, you must immediately cease using the Sites. For this reason, you should frequently review these Terms of Use, our Guidelines and Rules and any other applicable policies, including their dates, to understand the terms and conditions that apply to your use of the Sites.
**Notice**
Texas Scrubs and Embroidery may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to Texas Scrubs and Embroidery.
**Miscellaneous**
Your use of this site shall be governed in all respects by the laws of the state of Texas, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of Texas Scrubs and Embroidery products) shall be in the state or federal courts located in Texas.
Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Texas Scrubs and Embroidery products) must be commenced within one (1) year after the claim or cause of action arises. Texas Scrubs and Embroidery’s failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Any claim or dispute between you and Texas Scrubs and Embroidery that arises in whole or in part from the Sites or the Interactive Services shall be decided exclusively by a court of competent jurisdiction located in Houston, Texas. If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and Texas Scrubs and Embroidery’s failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Texas Scrubs and Embroidery may assign its rights and duties under this Agreement to any party at any time without notice to you.
**Use of Site**
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Texas Scrubs and Embroidery or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited.
You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law.
You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
You may be accessing our Sites from a computer or mobile phone device (through an iPhone application, for example) and these Terms of Use govern your use of our Sites and your conduct, regardless of the means of access.
**Participation Disclaimer**
Texas Scrubs and Embroidery does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Texas Scrubs and Embroidery is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Texas Scrubs and Embroidery reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Texas Scrubs and Embroidery in its sole discretion.
**Indemnification**
You agree to indemnify, defend, and hold harmless Texas Scrubs and Embroidery, its officers, directors, employees, agents, licensors and suppliers (collectively the “Service Providers”) from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
**Fraud Protection Program**
As part of our order processing procedures, we screen all orders for fraud and other types of unauthorized or illegal activity. We reserve the right to refuse to process an order due to suspected fraud or unauthorized or illegal activity. If such is the case, we may reject your order or our Customer Service department may call you at the phone number you provided (or use your email address) to confirm your order. We also reserve the right to cancel any accounts or refuse to ship to certain addresses due to suspected fraud or unauthorized or illegal activity.
**Third-Party Links**
In an attempt to provide increased value to our visitors, Texas Scrubs and Embroidery may link to sites operated by third parties. However, even if the third party is affiliated with Texas Scrubs and Embroidery, Texas Scrubs and Embroidery has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Texas Scrubs and Embroidery.
These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Texas Scrubs and Embroidery seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).
Our Address:
Texas Scrubs and Embroidery
11200 Richmond Avenue, Suite 205D
Houston, TX 77082
Email: info@txscrubs.com