Terms
Med Equipment Pros, LLC (collectively with its affiliates, “MEP”, “we” or “our”) welcomes you to this website, medequipmentpros.com, and other Med Equipment Pros websites and online locations (collectively, the “Site”). Use of the Site is subject to the following Terms of Use, together with the Privacy Policy (collectively hereinafter “Terms”).
1. Acceptance of Terms of Use
By accessing and using the Site, you acknowledge that you have read, understood and agree to be bound by these Terms, including the Privacy Policy, which form an agreement that is as effective as if you had signed it. If at any time you do not agree to these Terms, please do not access or use the Site or any of its content.
If you are accessing or using the Site on behalf of a company, legal entity, association, partnership, organization or other entity (collectively, “Organization”), you accept and agree to these Terms on behalf of the Organization and you represent and warrant that you have the authority to bind the Organization to these Terms and to make purchases on its behalf. In such event, when these Terms use the words “you” or “your” it will refer and apply to you and that Organization. If at any time you do not have the authority to bind the Organization to these Terms or make purchases on its behalf, please do not access or use the Site or any of its content. Even if you are accessing or using the Site on behalf of an Organization, you agree that you, as an individual, are bound by these Terms and the Privacy Policy.
YOUR ACCESS TO, USE OF AND BROWSING OF THE SITE AND ITS CONTENT IS SUBJECT TO ALL TERMS CONTAINED IN THESE TERMS AND ALL APPLICABLE LAWS AND REGULATIONS. IF YOU DO NOT AGREE TO THESE TERMS, YOUR PERMISSION TO ACCESS OR USE THE SITE IS AUTOMATICALLY AND IMMEDIATELY REVOKED.
These Terms are subject to be revised or updated from time to time. Accordingly, you should check the Terms regularly for updates. Should the Terms be revised, MEP will post the changes on this Site and the new Terms will be effective immediately upon posting. If MEP makes any material changes to the Terms, in addition to posting the revised Terms to this Site, MEP will notify you in the manner and to the extent required by law. You can determine when the Terms were last revised by referring to the “Last Revised” date at the top of this page. Each time you access, use or browse the Site, you signify your acceptance of the then-current Terms.
MEP may make changes to the Site or its contents, products, services or features at any time. You understand and agree that MEP may discontinue or restrict your use of the Site at any time for any reason with or without notice.
2. PRIVACY POLICY
Please review the Privacy Policy for the Site, which is incorporated in these Terms. If you do not agree with the Privacy Policy, you are not authorized to access, use or browse the Site.
3. PERMITTED USES
Any content available through the Site, including without limitation any text, documents, drawings, graphics, audio, animation, videos, logos, icons, images, media, data, charts, maps, product information, software and other information and materials (the “Content”) is the sole and exclusive property of MEP, its licensors, or other content providers. The Content is made available for only your personal, noncommercial use, other than with respect to use of the Site for entering purchase orders for the Organization you represent as an authorized agent. You agree to abide by any posted limitations relating to use, reproduction or dissemination of any Content. Any use of the Site or Content in any way not expressly permitted by these Terms is prohibited and may be actionable under United States or international law.
4. PROPRIETARY RIGHTS
You acknowledge and agree that, as between MEP and you, all right, title, and interest in and to the Site and the Content, including without limitation any patents, copyrights, trademarks, brands, trade secrets, inventions, know-how, and all other intellectual property rights, are owned exclusively by MEP or its content providers, affiliates, suppliers, vendors, merchants, licensors, or sponsors, and are protected by United States intellectual property and other applicable laws.
Copyright: All Content is the copyright and property of MEP or its content providers, affiliates, suppliers, vendors, merchants, licensors, or sponsors, and protected by U.S. and international copyright laws. You agree not to copy, modify, distribute, transmit, republish, sell, resell or exploit, for any purpose, any portion of the Site or the Content other than as expressly authorized by MEP in writing.
Trademarks: The trademarks, service marks, logos, slogans, trade names and trade dress used on the Site are proprietary to MEP or its affiliates, suppliers, vendors, merchants, licensors, content providers, or sponsors. Third party trademarks referenced in the Site do not constitute or imply affiliation with, endorsement of, or recommendation of MEP by the respective trademark owners, or by MEP of the respective trademark owners.
5. Your Indemnity of Med Equipment Pros
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS MEP AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUBSIDIARIES, CONTENT PROVIDERS, AFFILIATES, PARTNERS, LICENSORS, LICENSEES, SERVICE PROVIDERS, SUPPLIERS, VENDORS, AND SPONSORS, BROKERS, MERCHANTS, ADVERTISERS AND OTHERS ACTING IN CONCERT WITH ANY OF THE FOREGOING (COLLECTIVELY, THE “Med Equipment Pros PARTIES”), FROM AND AGAINST ANY AND ALL LOSS, LIABILITY, CLAIM, DEMAND, ACTION, DAMAGE, LIABILITY, PENALTY, FINE, COST OR EXPENSE (INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEYS’ FEES), WHETHER INCURRED BY OR MADE AGAINST A Med Equipment Pros PARTY AND WHETHER MADE BY YOU, OR ON YOUR BEHALF, OR BY ANY THIRD PARTY DUE TO, ARISING OUT OF OR RELATING TO (A) YOUR USE OF OR RELIANCE ON THE SITE OR ANY CONTENT, PRODUCTS, SERVICES OR ACTIVITY AVAILABLE THROUGH THE SITE, OR YOUR DEALINGS IN CONNECTION WITH THE SITE, (B) YOUR SUBMISSION(S) OR ANY MATERIALS YOU SUBMIT OR TRANSMIT TO THE SITE OR TO MEP; (C) YOUR VIOLATION OF THESE TERMS, ANY APPLICABLE LAWS, OR THE RIGHTS OF MEP OR ANY THIRD PARTY; AND (D) ANY ACTIVITY RELATED TO ACCESS OR USE OF YOUR ACCOUNT OR PASSWORD WHETHER BY YOU OR ANY OTHER PERSON, OR ANY USE OF MEP’s ONLINE ORDERING SYSTEM.
6. PRODUCTS AND SERVICES
Unless otherwise prohibited by law, we reserve the right to change or substitute any products or services offered on the Site, and the prices or specifications of any such products or services, at any time and from time to time without any notice or liability to you or any other person. We reserve the right to limit quantities of products or services described on the Site, and to decline any purchase. The products or services described on the Site may be out of date or differ slightly from the actual products or services offered, sold or provided by Med Equipment Pros. Products or services described on the Site may not be always available or in all locations.
7. PAYMENTS
By placing an order on the Site, you represent that you have the authority to both place and direct payment for the order. If you are paying for your order via credit or debit card, you represent that you are an authorized user of the credit or debit card, and authorize Med Equipment Pros or its designee to charge the credit and debit card you provided in the amount specified at checkout prior to completion of the order. You agree not to dispute the payment with your credit card company or bank, so long as the transaction corresponds to the terms provided to you at the time you place your order.
8. GOVERNING LAW AND DISPUTES
Any dispute between you and Med Equipment Pros arising out of or relating to these Terms, the Privacy Policy, the Site or its Content shall be governed by, and will be construed in accordance with, the laws of the State of Indiana, U.S.A., without regard to choice of law principles. You irrevocably agree that the federal and state courts located in IN, U.S.A., are the sole and exclusive forum and venue for any dispute, as the most convenient and appropriate to address any disputes, and you agree to submit to the jurisdiction and venue of such courts. You agree that to the fullest extent permitted by law: (i) no claims by you shall be joined with any other and you agree not to participate in any claim brought by others; (ii) YOU HAVE NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE LITIGATED ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES; and (iii) you have no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
The Site is controlled within the United States of America and is directed to individuals residing in the United States. Those who choose to access the Site from locations outside of the United States do so on their own initiative and are responsible for compliance with local laws if and to the extent local laws are applicable. Med Equipment Pros does not represent that the Site or its Content is appropriate outside the United States of America. Med Equipment Pros reserves the right to limit the availability of the Site for any person, geographic area or jurisdiction at any time in its sole discretion.
9. MISCELLANEOUS
If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Med Equipment Pros failure to act with respect to any failure by you or others to comply with these Terms does not waive MEP’s right to act with respect to subsequent or similar failures. These Terms, together with the Privacy Policy, set forth the entire understanding and agreement between you and Med Equipment Pros with respect to the subject matter hereof. Any cause of action or claim you may have with respect to these Terms, or the Site must be commenced within six (6) months after the claim or cause of action arises or such claim or cause of action shall be barred. You may not assign or transfer your rights or obligations under these Terms without the prior written consent of MEP, and any assignment or transfer in violation of this provision shall be null and void. Med Equipment Pros reserves the right to seek all remedies available at law and in equity for violations of these Terms or special terms or rules set forth on the Site, including without limitation the right to block access from a particular internet address.
Privacy Policy
This Privacy Policy describes how Med Equipment Pros (collectively with its affiliates, “MEP”, “we” or “our”) treats information about you that Med Equipment Pros collects and receives through this website (www.medequipmentpros.com), and MEP’s other websites and online locations, including web applications, mobile applications and social media (collectively, the “Sites“) and through other interfaces with and aspects of MEP’s business, including offline. This Privacy Policy together with the Terms of Use governs your use of the Sites and MEP’s collection, use and disclosure of your information both through the Sites and offline.
1. Acceptance of Privacy Policy
Each time you access, use, register with, or browse the Sites, or provide information to Med Equipment Pros online or offline, you signify your acceptance of MEP’s then-current Privacy Policy. If you do not accept this Privacy Policy, you are not authorized to access, use or browse the Sites, or to provide information to Med Equipment Pros and must discontinue use of the Sites immediately. If you provide your information to Med Equipment Pros offline, the then-current Privacy Policy applies to MEP’s collection and use of your information.
This Privacy Policy is subject to be revised or updated from time to time. Accordingly, you should check the Privacy Policy regularly for updates. Should the Privacy Policy be revised, Med Equipment Pros will post the changes on the Sites and the new Privacy Policy will be effective immediately upon posting. If Med Equipment Pros makes any material changes to the Privacy Policy, in addition to posting the revised Privacy Policy to the Sites, Med Equipment Pros will notify you in the manner and to the extent required by law. You can determine when the Privacy Policy was last revised by referring to the “Last Revised” date at the top of this page.
2. Types of Information Collected
We may collect personally identifiable information from you including, without limitation, non-public information about you that helps Med Equipment Pros identify you, such as first and last name, birth date, business title, employer, email address, employer address, office and home telephone number, mobile telephone number, password, account username, unique device identifier of your devices that connect to or access the Sites, order information, credit card, debit card and other payment information, billing and shipping information, purchasing and transaction history, occupation, preferences, information regarding products you purchase from us or products that you contact customer service about (e.g., serial number, fixture manufacturer, date of installation, place of purchase, etc.), information you provide to us when you register your product online, register in connection with our web or mobile applications, and other information that you provide to Med Equipment Pros or that is generated through your use of the Sites or interactions with Med Equipment Pros that are not otherwise publicly available.
We also may collect non-personally identifiable information about you, such as information regarding your use of the Sites, your IP address, Sites usage statistics, time stamps, browsing history, general geographic location, product settings, adjustments made to products, type of device you use to connect to the Sites, type of computer operating system you use (e.g., Microsoft Windows, Google Chrome OS, Mac OS, Android or iOS), the type of browser you use (e.g., Firefox, Chrome, Internet Explorer, Safari), the domain name of your internet service provider, and information regarding your Internet location when you see MEP’s ads and whether you click on such ads. We also may receive certain aggregated or anonymous information regarding users of the Sites such as the age, gender, occupation, zip code, interests, purchase preferences, and language preferences of users of the site, as well as information collected through questionnaires and surveys. “Non-personally identifiable information” refers to information that does not personally identify the individual to whom the information relates, such as information that is aggregated by Med Equipment Pros or a third party, or information that is not linked to contact information or other personally identifiable information of an individual.
In the event that any of the non-personally identifiable information that we collect about you is maintained, used or shared in a manner that associates it with your name, contact information or other personally identifiable information, it will be treated as personally identifiable information. If you are logged into your account on the Sites, information such as the content you access, view, click on or search for when on the Sites, the devices from which you access such content and the length of time for which you view same, may become personally identifiable. In such an event, Med Equipment Pros will treat such information as personally identifiable information.
3. How We Collect Information
We may collect personally identifiable and/or non-personally identifiable information from you when you:
• Access, use or browse the Sites.
• Register for an account on the Sites.
• Sign up to receive announcements, emails or newsletters.
• Contact, communicate with or otherwise interact with Med Equipment Pros or its personnel via email, the Sites, fax, telephone, or by other means whether online or offline.
• Order or request products, literature, services or other information during your visit to the Sites, via email, fax or other online or offline means.
• Register your product with us.
• Access, use or adjust any product settings or functional parameters.
• Make a product warranty claim.
• Register, enroll or participate in any surveys, questionnaires, promotions, or any other services, events or activities online or offline sponsored by Med Equipment Pros or third parties, or offered in connection with the Sites of MEP’s products or services (“Activities“).
By using the Sites, or by submitting your personally identifiable information to Med Equipment Pros online or offline, you expressly consent to the storage and processing of your personally identifiable information in the United States in accordance with the laws of the United States, or in other jurisdictions.
We may obtain personally identifiable and/or non-personally identifiable information from third parties such as the owners or operators of the websites or applications where our advertisements appear (some of which may partner with Med Equipment Pros or with an advertisement network used by MEP), our service providers, affiliates, suppliers, vendors, distributors, Activities partners and sponsors, and other sources (e.g., offline records or publicly available information). We may combine personally identifiable information we collect with information that we obtain from these sources. We will treat any such combined information as personally identifiable information.
Med Equipment Pros automatically receives and records non-personally identifiable information on our server logs from your browser as well as through other analysis of the Sites. We also may collect information using cookies, web beacons, pixels, gifs, tags or similar technologies (“Collection Technology “), or through third parties using similar technologies. Collection Technology may operate as a piece of data stored on your browser or device, or may identify, compile, aggregate and/or collect information through other means. When you visit the Sites, your web browser may use Collection Technology to better enable you to navigate the Sites during your visit and upon your return. You may use the Sites even if you choose to reject or delete certain Collection Technology. Collection Technology also may be used by some of the other websites for which a link is placed on the Sites.
The Sites may use Google Analytics. Google Analytics uses Collection Technology to collect and store anonymous information about you, which may include the non-personally identifiable information described above. You can read Google Analytics’ privacy policy at http://www.google.com/intl/en/policies/privacy/ and Google Analytics’ Terms of Use at http://www.google.com/analytics/tos.html. You can opt-out from being tracked by Google Analytics in the future by downloading and installing Google Analytics’ Opt-out Browser Add-on for your current web browser at http://tools.google.com/dlpage/gaoptout?hl=en. The Sites may use certain features of Google Analytics based on Display Advertising, such as:
“Demographics and Interest Reporting” to analyze information regarding the interests and demographics of users of the Sites. We use such non-personally identifiable information in the same manner as we use other non-personally identifiable information as described below.
“Remarketing with Google Analytics” to place ads on other sites directed to people who have visited the Sites.
“Google Display Network Impression Reporting” to report how people’s interactions with our ads relate to their visits to the Sites.
You can opt-out of Google Analytics for Display Advertising and customize Google Display Network ads by changing the ad settings at: https://www.google.com/settings/ads?hl=en&sig=ACi0TCh4HAtjShL0Fdg63jzwho_phMSA0-0hzzH5ELDtoQ4xvNARM3etqnH1cOQWE6jmaavbHAbbDNQ0VerqrM5EhrZPUq-63xzTlHosNHcmK0aXN4mlgTrjMz0kkR9jDjb517T55jzNvxLzRysnxsAR_ppR2CwKxxB9HGFk7nx48LTrKMNPSF2b4FHwjiQFue_I4bivF.
Applications on mobile devices may transmit information to Med Equipment Pros about your location when you request information from the Sites. We may use that information to improve the products and services we provide to you.
4. How We Use Your Information
We may use the information we collect:
• To monitor and analyze information regarding your browsing and viewing preferences and to diagnose problems with the Sites.
• To analyze our users’ demographics, interests, and purchasing practices.
• Fulfill orders, ship and confirm orders, and manage payment collection.
• To plan, improve and administer Activities.
• To process and respond to your product warranty claims, inquiries and other communications.
• For Sites administration, support and improvement.
• To alert you to new features, terms, Activities, special events, stores, products or services, and other useful information regarding any of the foregoing or Med Equipment Pros via email, direct mail telephone or other means.
• To promote and improve the products and services we offer.
• To send announcements and newsletters, and to provide you with personalized content in connection with same;
• For the purposes for which you provided the information.
• For fraud prevention, internal operations, legal compliance, and other public purposes; and
• To enforce the Terms of Use.
5. Information Sharing with Third Parties
Med Equipment Pros may disclose the information it collects to others (i) to provide products or services to you; (ii) for purposes of outsourcing one or more of the functions described in this Privacy Policy to service providers who work on behalf of or with MEP including, without limitation, service providers, suppliers, payment processors, shippers, vendors, payment processors, advertisers, consultants and affiliates; (iii) to confirm or update information provided by you; (iv) to its business partners and co-sponsors of Activities or partners for our internal purposes; (v) to provide analytics for advertising and other purposes; (vi) in the event of any reorganization, merger, sale, joint venture, assignment, transfer or disposition of all or any portion of Med Equipment Pros business or operations (including without limitation in connection with bankruptcy or any similar proceedings); or (vii) as otherwise authorized by you. Med Equipment Pros may share the personally identifiable information it collects with its business partners, distributors, vendors, and other third parties for their direct marketing purposes.
We also may share your information in response to a subpoena, legal order or official request, when we believe you have acted in violation of the Terms of Use, to investigate, prevent or take action regarding suspected illegal activities, fraud or potential threats, or to exercise legal rights or defend against claims, when we believe that doing so may protect your safety or the safety of Med Equipment Pros or others, or as otherwise permitted or required by law.
We also may use and share non-personally identifiable information with other third parties. Additionally, we may take personally identifiable information and de-identify it and share it in a de-identified or aggregated form with advertisers, business partners, and/or other third parties in order to analyze the Sites usage, demographics, or interests, improve the Sites or MEP’s products or services, perform services on the Sites, improve the user experience, or for similar purposes. We will not re-identify such data and we will ask our contracting parties to agree to keep the data in its de-identified form.
6. Protection of Personal Information
Med Equipment Pros uses reasonable administrative, physical and electronic security measures to protect against the loss, misuse and alteration of personally identifiable information. No transmission of data over the internet, Wi-Fi, Bluetooth, or other communication protocol is guaranteed to be completely secure. It may be possible for third parties not under the control of MEP to intercept or access transmissions or private communications unlawfully. While we strive to protect personally identifiable information, neither MEP nor our service providers can ensure or warrant the security of any information you transmit to us over the internet. Any such transmission is at your own risk.
7. Updating Your Information
You are responsible for keeping your information current. You may update your information by contacting us at MEP. We will use reasonable efforts to process any change you make; provided, however, that requests to delete information are subject to Med Equipment Pros internal reporting, processing and retention policies and all applicable legal obligations.