MDL Medical

Terms of Use

ACKNOWLEDGEMENT

Medical Device Logistics, LLC (“Us” or “We” or “MDL”) provides the MDLmedical.com
site and various online resources, including classified ads, forums, and various
email services, (referred to hereafter as the “site”orsite” or “Service”) to you,
the user, subject to your compliance with all the terms, conditions, and notices
contained or referenced herein (the “Terms of Use”), as well as any other written
agreement between us and you. and sellers share the responsibility
for making sure all products and transactions facilitated by MDLmedical.com are
bona-fide, rewarding and hassle-free. The conduct of our members is paramount to
successful use of this site. Therefore, all members must agree to the following
Terms of Use.

BY USING THIS SITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT WISH
TO BE BOUND BY THE THESE TERMS OF USE, PLEASE EXIT THE SITE NOW. YOUR REMEDY FOR
DISSATISFACTION WITH THIS SITE, OR ANY PRODUCTS, SERVICES, CONTENT, OR OTHER INFORMATION
AVAILABLE ON OR THROUGH THIS SITE, IS TO STOP USING THE SITE AND/OR THOSE PARTICULAR
PRODUCTS OR SERVICES. YOUR AGREEMENT WITH US REGARDING COMPLIANCE WITH THESE TERMS
OF USE BECOMES EFFECTIVE IMMEDIATELY UPON COMMENCEMENT OF YOUR USE OF THIS SITE.

As used in these Terms of Use, references to our “Affiliates” includes our owners,
subsidiaries, affiliated companies, officers, directors, suppliers, partners, sponsors,
and advertisers, and includes (without limitation) all parties involved in creating,
producing, and/or delivering this site and/or its contents.

These Terms of Use are effective as of 01/01/2012. We expressly reserve the right
to change these Terms of Use from time to time without notice to you. You acknowledge
and agree that it is your responsibility to review this site and these Terms of
Use from time to time and to familiarize yourself with any modifications. Your continued
use of this site after such modifications will constitute acknowledgement of the
modified Terms of Use and agreement to abide and be bound by the modified Terms
of Use.

USING MDLMEDICAL.COM

Joining MDLmedical.com and posting content items is free. When buying an Item(s),
you agree that:

The total amount of the Purchase Price shall be payable in full by Buyer according
to the payment stated at Checkout for the benefit of the seller during an “Inspection
Period” of 3 calendar days.

MDL will forward the funds to the seller, less a transactional fee based on our
Fees schedule www.mdlmedical.com/fees upon the earlier of:

  • Buyer acknowledgement of satisfactory receipt of the Item(s) purchased;
  • The expiration of the Inspection Period.

When selling an item, including posting products for sale and related information
through this site, you represent that such Item(s);

-are designed and packaged as single-use medical supplies and devices;

-are in their original, unaltered and unexpired sterility packaging and to the best
of your knowledge from bona-fide manufacturers;

have been stored by you in compliance with manufacturers specifications and/or best
industry practices;

In addition to any representations pertaining to the item itself, seller agrees
that:

Seller will ship the Item(s) at seller’s cost to a buyer within the contiguous United
States upon notification from MDL that the item has been purchased.

MDL will forward the funds to the seller, less a transactional fee based on our
Fees schedule www.mdlmedical.com/fees, within 7 days of receipt of the Item(s) by
the Buyer

ABUSING MDLMEDICAL.COM

By posting items, messages, text, files, or other materials (“Content”) items and
information in or otherwise using any communications service, chat room, message
board, newsgroup, software library, or other interactive service that may be available
to you on or through this site, you agree that you will not upload, share, post,
or otherwise distribute or facilitate distribution of any content — including text,
communications, software, images, sounds, data, or other information:

a) that is false, deceptive, misleading, deceitful, constitutes misinformation or
“bait and switch” techniques

b) that infringes any patent, trademark, trade secret, copyright or other proprietary
rights of any party, or Content that you do not have a right to make available under
any law or under contractual or fiduciary relationships

c) that Infringes upon any patent, trademark, trade secret, copyright, right of
publicity, or other proprietary right of any party;

You agree that we may at any time, and at our sole discretion, terminate your membership,
account, or other affiliation with our site without prior notice to you for violating
any of the above provisions or provisions that may be added in the future. In addition,
you acknowledge that we will cooperate fully with investigations of violations of
systems or network security at other sites, including cooperating with law enforcement
authorities in investigating suspected criminal violations. MDL undertakes no responsibility
for the quality of Item(s) or that the Item(s) will be fit for any particular purpose,
for which Buyer may be buying the Item, and MDL disclaims all warranties and conditions,
express or implied. Any suspected fraudulent, abusive or illegal activity may be
grounds for terminating your relationship and may be referred to appropriate law
enforcement authorities.

Upon termination or suspension, regardless of the reasons therefore, your right
to use the services available on this site immediately ceases, and you acknowledge
and agree that we may immediately deactivate or delete your account and all related
information and files in your account and/or bar any further access to such files
or this site. We shall not be liable to you or any third party for any claims or
damages arising out of any termination or suspension or any other actions taken
by us in connection with such termination or suspension.

BUYER PROTECTION

The Inspection Period (3 business days) begins when the Buyer marks the item as
received or MDL confirms the Item(s) has been delivered to the address in the Buyer’s
profile. The Buyer must accept or reject the goods within this period.

We strongly encourage buyers to work with sellers before opening a claim relating
to a purchase. Buyers and sellers agree to follow the requirements of the Inspection
Period & Return Policies with respect to claims.

CONTENT

You understand that all Content posted on, transmitted through, or linked from the
site, is the sole responsibility of the person from whom such Content originated.
More specifically, you are entirely responsible for each individual item (“Item”)
of Content that you post, email or otherwise make available via the Service. You
understand that Medical Device Logistics, LLC, (“MDL”) together with its Affiliates
does not control, and is not responsible for Content made available through the
Service, and that by using the Service; you may be exposed to Content that is inaccurate,
misleading, or otherwise objectionable.

The MDLmedical.com site and Content available through the Service may contain links
to other websites, which are completely independent of MDLmedical.com. Your linking
to any other websites is at your own risk.

Subject to our Privacy Policy, any communication or Content that you transmit to
this site or to us, whether by electronic mail, post, or other means, for any reason,
will be treated as non-confidential and non-proprietary. While you retain all rights
in such communications or mate, you grant us and our agents and affiliates a non-exclusive,
paid-up, perpetual, and worldwide right to copy, distribute, display, perform, publish,
translate, adapt, modify, and otherwise use such content for any purpose regardless
of the form or medium (now known or not currently known) in which it is used.

Please do not submit confidential or proprietary information to us unless we have
mutually agreed in writing otherwise. We are also unable to accept your unsolicited
ideas or proposals, so please do not submit them to us in any circumstance.

We respect the intellectual property of others, and we ask you to do the same. If
you or any user of this site believes its copyright, trademark or other property
rights have been infringed by a posting on this site, you or the user should send
notification to our Designated Agent (as identified below) immediately. To be effective,
the notification must:

1. Identify in sufficient detail the copyrighted work that you believe has been
infringed upon or other information sufficient to specify the copyrighted work being
infringed).

2. Identify the material that you claim is infringing the copyrighted work listed
in item #1 above.

3. Provide information reasonably sufficient to permit us to contact you (email
address is preferred).

4. Provide information, if possible, sufficient to permit us to notify the owner/administrator
of the allegedly infringing webpage or other content (email address is preferred).

5. Include the following statement: “I have a good faith belief that use of the
copyrighted materials described above as allegedly infringing is not authorized
by the copyright owner, its agent, or the law.”

6. Include the following statement: “I swear, under penalty of perjury, that the
information in the notification is accurate and that I am the copyright owner or
am authorized to act on behalf of the owner of an exclusive right that is allegedly
infringed.”

Please sign the paper and send the written communication to the following address:

Designated Agent for Claimed Infringement:

Rogin Nassau, LLC

Agent for Medical Device Logistic, LLC

CityPlace I – 22nd Floor

185 Asylum Street

Hartford, CT 06103-3460

Phone: 860-278-7480

You acknowledge and agree that upon receipt of a notice of a claim of copyright
infringement, we may immediately remove the identified materials from our site without
liability to you or any other party and that the claims of the complaining party
and the party that originally posted the materials will be referred to the United
States Copyright Office for adjudication as provided in the Digital Millennium Copyright
Act.

DISCLAIMER OF WARRANTY

By using this site as either a buyer or seller, you acknowledge that MDL, together
with its Affiliates, is neither a seller nor a buyer. Instead, our site and Services
are venues intended to facilitate Sellers and Buyers to offer, sell, and buy unexpired,
sterile medical supplies at any time, from anywhere, in a variety of pricing formats
and locations. We are not involved in the actual transaction between buyers and
sellers. We do not take possession of any items. Your use of the site is subject
to all applicable laws and regulations, and you are solely responsible for the substance
of your communications through the site.

Through your use of the site, you may have opportunities to engage in commercial
transactions with other users and vendors. You acknowledge that all transactions
relating to any merchandise or services offered by any party, including, but not
limited to the purchase terms, payment terms, warranties, guarantees, maintenance
and delivery terms relating to such transactions, are agreed to solely between the
seller or purchaser of such merchandize and services and you.

WE MAKE NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH, OR IN CONNECTION
WITH THIS SITE, AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED
ENTIRELY AT YOUR OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY
PRODUCTS, SERVICES, MATERIALS, OR INFORMATION AVAILABLE ON OR THROUGH THIS SITE
FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY US OR ANY
OTHER OF OUR AFFILIATES.

While we may help facilitate the resolution of disputes through various programs,
we have no control over and do not guarantee the quality, safety or legality of
items advertised, the truth or accuracy of users’ content or listings, the ability
of sellers to sell items, the ability of buyers to pay for items, or that a buyer
or seller will actually complete a transaction or return an item.

MEDICAL DEVICE LOGISTICS, LLC DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT WITH
RESPECT TO THE ITEMS CONTENT AND NEITHER MDL NOR ANY MDL AFFILIATE SHALL HAVE ANY
DUTY TO DEFEND, INDEMNIFY, OR HOLD HARMLESS BUYER OR SELLER FROM AND AGAINST ANY
OR ALL DAMAGES OR COSTS INCURRED BY BUYER OR SELLER ARISING FROM THE INFRINGEMENT
OF PATENTS OR TRADEMARKS OR VIOLATION OF COPYRIGHTS BY ANY OF THE GOODS.

LIMITATION OF LIABILITY

MDL neither endorses nor assumes any liability for the contents of any material
uploaded or submitted by third party users of the site. MDL makes no representation
or warranty as to the accuracy, completeness or authenticity of the information
contained in any such site. You agree that you must evaluate, and bear all risks
associated with, the use of any Content, that you may not rely on said Content,
and that under no circumstances will MDL be liable in any way for any Content or
for any loss or damage of any kind incurred as a result of the use of any Content
posted, emailed or otherwise made available via the Service. You acknowledge that
MDL does not pre-screen or approve Content, but that MDL shall have the right (but
not the obligation) in its sole discretion to refuse, delete or move any Content
that is available via the Service, for violating the letter or spirit of the Terms
of Use or for any other reason. MDL is not responsible for any failure or delay
in removing such content. You hereby consent to such removal and waive any claim
against us arising out of such removal of content.

MDL AND ITS AFFILIATES SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCE TO SELLER, BUYER
OR ANY OTHER PARTY FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL OR EXEMPLARY DAMAGES
ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE GOODS OR OTHERWISE, INCLUDING BUT
NOT LIMITED TO DAMAGES FOR LOST PROFITS, LOSS OF THE GOODS OR ANY ASSOCIATED EQUIPMENT,
COST OF CAPITAL, COST OF SUBSTITUTE OR REPLACEMENT EQUIPMENT, FACILITIES OR SERVICES,
DOWN TIME, BUYER’S TIME, LOST DATA, INJURY TO PROPERTY OR ANY DAMAGES OR SUMS PAID
BY BUYER TO THIRD PARTIES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY WHETHER
ANY CLAIM IS BASED UPON PRINCIPLES OF CONTRACT, WARRANTY, NEGLIGENCE, OR OTHER TORT,
BREACH OF ANY STATUTORY DUTY, PRINCIPLES OF INDEMNITY OR CONTRIBUTION, THE FAILURE
OF ANY LIMITED OR EXCLUSIVE REMEDY TO ACHIEVE ITS ESSENTIAL PURPOSE, OR OTHERWISE.

IN NO EVENT SHALL MDL OR ANY MDL AFFILIATE BE LIABLE TO SELLER, BUYER OR ANY OTHER
PARTY FOR LOSS, DAMAGE, OR INJURY OF ANY KIND OR NATURE ARISING OUT OF OR IN CONNECTION
WITH THESE TERMS AND CONDITIONS IN EXCESS OF THE NET PURCHASE PRICE OF THE GOODS
ACTUALLY DELIVERED TO AND PAID FOR BY BUYER HEREUNDER.

IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY
SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR
ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS
OF USE, DATA OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION
WITH THE USE OF THIS SITE OR OF ANY WEB SITE REFERENCED OR LINKED TO FROM THIS SITE.

FURTHER, WE SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY GOODS AND SERVICES OFFERED
THROUGH THIS SITE OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS THROUGH
THIS SITE, INCLUDING WITHOUT LIMITATION THE PROCESSING OF ORDERS.

SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL
OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

ACCESS AND INTERFERENCE

You are solely responsible for maintaining the confidentiality of your password
and account and for any and all statements made and acts or omissions that occur
through the use of your password and account. Therefore, you must take steps to
ensure that others do not gain access to your password and account. Our personnel
will never ask you for your password. You may not transfer or share your account
with anyone, and we reserve the right to immediately terminate your account if you
do transfer or share your account.

PRIVACY

In order to access some of the services on this site, you will be required to use
an account and password that can be obtained by completing our online registration
form, which requests certain information and data (“Registration Data”), and maintaining
and updating your Registration Data as required. By registering, you agree that
all information provided in the Registration Data is true and accurate and that
you will maintain and update this information as required in order to keep it current,
complete, and accurate.

You also grant us the right to disclose to third parties certain Registration Data
about you. The information we obtain through your use of this site, including your
Registration Data, is subject to our Privacy Policy, which is specifically incorporated
by reference into these Terms of Use

INDEMNITY

THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY CONTENT THROUGH
THIS SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU
WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA
THAT RESULTS FROM SUCH ACTIVITIES.

Upon a request by us, you agree to defend, indemnify, and hold us and our Affiliates
harmless from all liabilities, claims, and expenses, including attorney’s fees that
arise from your use or misuse of this site. We reserve the right, at our own expense,
to assume the exclusive defense and control of any matter otherwise subject to indemnification
by you, in which event you will cooperate with us in asserting any available defenses.

LEGAL DISPUTES/GOVERNING LAW

This site (excluding any linked sites) is controlled by us from our offices within
the State of Connecticut, United States of America. It can be accessed from all
50 states, as well as from other countries around the world. As each of these places
has laws that may differ from those of CT, by accessing this site both of us agree
that the statutes and laws of the State of CT, without regard to the conflicts of
laws principles thereof and the United Nations Convention on the International Sales
of Goods, will apply to all matters relating to the use of this site and the purchase
of products and services available through this site. Each of us agrees and hereby
submits to the exclusive personal jurisdiction and venue any court of competent
jurisdiction within the State of CT with respect to such matters.

INTERNATIONAL USE

Although this site may be accessible worldwide, we make no representation that materials
on this site are appropriate or available for use in locations outside the United
States, and accessing them from territories where their contents are illegal is
prohibited. Those who choose to access this site from other locations do so on their
own initiative and are responsible for compliance with local laws. Any offer for
any product, service, and/or information made in connection with this site is void
where prohibited.

FORCE MAJEURE

MDL shall not be held responsible for any failure of performance to make timely
delivery of all or any part of the Items or Payments in the event such failure was
due, in whole or in part, to federal, provincial or municipal action, statute, ordinance
or regulation, strike or other labor trouble, fire or other damage to or destruction
of, in whole or in part, MDL’S online services, electrical power, water or supplies,
or any other cause, act of God, contingency or circumstances not subject to the
reasonable control of MDL, which causes delays or hinders the delivery of Item(s)
or Payments.

You understand and agree that temporary interruptions of the services available
through this site may occur as normal events. You further understand and agree that
we have no control over third party networks you may access in the course of the
use of this site, and therefore, delays and disruption of other network transmissions
are completely beyond our control.

ENTIRE AGREEMENT

These terms and conditions constitute the entire agreement and understanding between
us concerning the subject matter of this agreement and supersede all prior agreements
and understandings of the parties with respect to that subject matter. These Terms
of Use may not be altered, supplemented, or amended by the use of any other document(s).
Any attempt to alter, supplement or amend this document or to enter an order for
products or services which are subject to additional or altered terms and conditions
shall be null and void, unless otherwise agreed to in a written agreement signed
by you and us. To the extent that anything in or associated with this site is in
conflict or inconsistent with these Terms of Use, these Terms of Use shall take
precedence.

MISCELLANEOUS

In any action to enforce these Terms of Use, the prevailing party will be entitled
to costs and attorneys’ fees. Any cause of action brought by you against us or our
Affiliates must be instituted with one year after the cause of action arises or
be deemed forever waived and barred.

You may not assign your rights and obligations under these Terms of Use to any party,
and any purported attempt to do so will be null and void. We may free assign our
rights and obligations under these Terms of Use.

You agree not to sell, resell, reproduce duplicate, copy or use for any commercial
purposes any portion of this site, or use of or access to this site.

In addition to any excuse provided by applicable law, we shall be excused from liability
for non-delivery or delay in delivery of products and services available through
our site arising from any event beyond our reasonable control, whether or not foreseeable
by either party, including but not limited to, labor disturbance, war, fire, accident,
adverse weather, inability to secure transportation, governmental act or regulation,
and other causes or events beyond our reasonable control, whether or not similar
to those which are enumerated above.

If any part of these Terms of Use is held invalid or unenforceable, that portion
shall be construed in a manner consistent with applicable law to reflect, as nearly
as possible, the original intentions of the parties, and the remaining portions
shall remain in full force and effect.

Any failure by us to enforce or exercise any provision of these Terms of Use or
related rights shall not constitute a waiver of that right or provision.

GENERAL AND CONTACT INFORMATION

THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL
ERRORS. WE MAY MAKE CHANGES TO THE CONTENT AND SERVICES AT THIS SITE, INCLUDING
THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE.
THE MATERIALS OR SERVICES AT THIS SITE MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT
TO UPDATE SUCH MATERIALS OR SERVICES.

All notices to a party shall be in writing and shall be made either via email or
conventional mail. Notices to us must be sent to the attention of Customer Service
at info@mdlmedical.com, if by email, or at Medical Device Logistics, LLC if by conventional
mail. Notices to you may be sent to the address supplied by you as part of your
Registration Data. In addition, we may broadcast notices or messages through the
site to inform you of changes to the site or other matters of importance, and such
broadcasts shall constitute notice to you at the time of sending.

Copyright Medical Device Logistics 2014 All rights reserved

 

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