Terms of Use

Last Modified: February 02, 2022

Acceptance of the Terms of Use

These terms of use are entered into by and between You and MY DME DOC LLC, a Florida limited liability company ("Company," "we," or "us"). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, "Terms of Use"), govern your access to and use of mydmedoc.com, including any content, functionality and services offered on or through mydmedoc.com (the "Website"), whether as a guest or a registered user.

Please read the Terms of Use carefully before you start to use the Website.

By using the Website, you accept and agree to be bound and abide by these Terms of Use, our Privacy Policy, and any applicable service agreement, if applicable, each of which are incorporated herein by reference.

If you do not agree to these Terms of Use, the Privacy Policy, or any applicable service agreement, if applicable, you must not access or use the Website.

The Website is offered and available to users who are 18 years of age or older and reside in the United States or any of its territories or possessions. By using this Website, you represent and warrant that you are of legal age and have the competence and capacity to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.

The Website is offered and available to various types of users, each of which may be subject to different or additional terms and agreements. You are responsible for determining which user category(ies) pertain(s) to you and by using the Website you indicate that you have read and understood all terms and agreements that apply to you

User types include the following categories:

A "Patient" is any individual who uses the Website to receive Durable Medical Equipment ("DME") for his or her personal use as prescribed by a healthcare provider for medical purposes.
- A Patient is subject to the General Terms and Patient Terms, below.
A "Provider" is any healthcare provider who uses the Website to prescribe DME for one or more recipients.
- A Provider is subject to the General Terms and Provider Terms, below.
Manufacturer. A "Manufacturer" is any individual or entity that manufactures DME that is supplied to one or more recipients via the website
- A Manufacturer is subject to the General Terms and Manufacturer Terms, below.
- A Manufacturer may also be subject to a business associate agreement or other agreement with us, in addition to these Terms of Use.
A "Supplier" is any individual or entity, other than us, that uses the Website to supply DME to one or more recipients.
- A Supplier is subject to the General Terms and Supplier Terms, below.
- A Supplier is also further subject to a separate service agreement signed by the Supplier. To the extent there is any conflict between the service agreement signed by the Supplier and any portion of the Terms of Use or Privacy Policy, the service agreement signed by the Supplier shall govern and prevail.
A "Pharmacy" is any pharmacy that uses the Website to supply DME to one or more recipients.
- A Pharmacy is subject to the General Terms and Pharmacy Terms, below.
- A Pharmacy is also further subject to a separate service agreement signed by the Pharmacy. To the extent there is any conflict between the service agreement signed by the Pharmacy and any portion of the Terms of Use or Privacy Policy, the service agreement signed by the Pharmacy shall govern and prevail.
An "Other User" is any individual or entity, other than a Patient, Provider, Manufacturer, DME Supplier, or Pharmacy, that accesses the website
- An Other User is subject to the General Terms and Other User Terms, below.

I. General Terms

How Orders are Allocated through the Website

We work with Patients, Providers, Manufacturers, Suppliers, and Pharmacies to assist in supplying DME and tracking the order and delivery processes. The Website generally operates in the following steps:

A Physician inputs information about a Patient and enters a prescription DME order for the Patient (the "Order").
The Website determines if we can supply the Order directly, based on item availability, delivery location, and payment eligibility under a health insurance, Medicare or other government-assisted funding program, pharmacy benefit, or other payment plan (in each case, a "Payment Criterion").
If we determine, in our sole discretions, that we can supply the Order, we do so, and we bill through a third party billing service, or directly to the Patient.
If we do not determine that we can supply the Order ourselves, the Website identifies one or more Manufacturers, Suppliers, and/or Pharmacies who can supply the Order based on item availability, delivery location, and Payment Criteria. If there are none, we contact the Physician who may then make different arrangements with the Patient.
Third party Suppliers and Pharmacies are selected automatically based on location and their ability to supply the necessary DME. If there is more than one party that can supply an Order, orders are rotated among the eligible parties to ensure fairness.

By using the Website, you agree to the aforementioned order rotation principle

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter. To the extent we modify any dispute resolution terms, however, the dispute resolution terms in effect when an issue arises will govern how we work out that dispute with you.

Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page so you are aware of any changes, as they are binding on you. You can tell whether or not there has been a change by looking at the Last Modified date at the top of these Terms of Use.

Accessing the Website and Account Security

We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.

You are responsible for both:

Making all arrangements necessary for you to have access to the Website.
Ensuring that all persons who access the Website through your hardware or internet connection are aware of these Terms of Use and comply with them.

To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current and complete. You agree that all personal information you provide, to register with this Website or otherwise, including, but not limited to, through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your personal information consistent with our Privacy Policy.

If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity, except in the event that you require assistance from that person to use the Website, in which case (i) that person will also be accepting these Terms of Use by using the Website, and (ii) you will be responsible for any actions they take on the Website using your credentials, including orders they place, modify or cancel. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you or a person you are responsible for have violated any provision of these Terms of Use.

Intellectual Property Rights

The Website and its entire contents, features and functionality, including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof (collectively, the "Intellectual Property"), are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and/or other intellectual property or proprietary rights laws. No right or license, express or implied, is granted to you in connection with the Website, other than a limited, revocable right and license to use the Website to do business with the Company, as expressly permitted by these Terms of Use.

These Terms of Use permit you to use the Website for your personal use only. You may not use it to compete with us, develop or market your own business, or for any purpose other than engaging in business with us, in good faith. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website, except as follows:

Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
You may store files that are automatically cached by your Web browser for display enhancement purposes.
You may print one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication or distribution.
If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
You may download, save or print a reasonable number of copies of any order confirmation, receipt or other documents that evidence a business transaction entered into between you and us.
You may download, save or print a reasonable number of copies of any manual, instructions, warnings or other information that is reasonably necessary for you to use any product or service purchased through the Website, but you may not use any such copies for any commercial purpose.

You must not:

Access the Website with any technology other than a no-cost, publicly available web browser.
Use any technology to scrape, download or search this website that is not provided to you by us under a separate, written license agreement.
Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.
Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site.
Print copies of these Terms of Use and our Privacy Policy for your records, and use by you or your legal counsel in the event of a dispute.

Further, except as these Terms of Use expressly permit, you shall not, and shall not permit any other Person to:

copy the Website and/or any Intellectual Property, in whole or in part;
modify, correct, adapt, translate, enhance, or otherwise prepare derivative works or improvements of any Intellectual Property;
rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available any Intellectual Property to any third party;
reverse engineer, disassemble, decompile, decode, or adapt any Intellectual Property, or otherwise attempt to derive or gain access to the source code of the Website and/or any Intellectual Property, in whole or in part;
bypass or breach any security device or protection used for or contained in the Website and/or any Intellectual Property;
remove, delete, efface, alter, obscure, translate, combine, supplement, or otherwise change any portion of the Website and/or any Intellectual Property;
use the Website and/or any Intellectual Property in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any Person, or that violates any applicable law;
use the Website and/or any Intellectual Property for purposes of: (i) benchmarking or competitive analysis of any Intellectual Property; (ii) developing, using, or providing a competing software product or service; or (iii) any other purpose that is to our detriment or commercial disadvantage;
use the Website and/or any Intellectual Property in or in connection with the design, construction, maintenance, operation, or use of any hazardous environments, systems, or applications, any safety response systems or other safety-critical applications, or any other use or application in which the use or failure of the Website and/or Intellectual Property could lead to personal injury or severe physical or property damage; or
use the Website, any Intellectual Property, and/or any open source comments, in any manner or for any purpose or application not expressly permitted by these Terms of Use.

Without limiting the foregoing, you must not access or use for any commercial purposes any part of the Website, or any services or materials available through the Website, other than for the purpose of entering into good faith business transactions with us.

If you wish to make any use of material on the Website other than those permitted uses expressly set out in this section of these Terms of Use, please address your request to: documents@mydmedoc.com. We reserve the right to grant or deny any such request in our sole, unfettered discretion.

If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

Trademarks

The Company name, the Company logo and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks, or any confusingly similar marks, without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners

Confidentiality

From time to time, we or you (as the "Disclosing Party") may disclose or make available to the other party (as the "Receiving Party") information about the Disclosing Party's business affairs, products/services, confidential intellectual property, trade secrets, third-party confidential information, personal information, PHI, and/or other sensitive or proprietary information, whether orally or in written, electronic, or other form or media, and whether or not marked, designated, or otherwise identified as "confidential" (collectively, "Confidential Information"). Confidential Information shall not include information that, at the time of disclosure and as established by documentary evidence: (i) is or becomes generally available to and known by the public other than as a result of, directly or indirectly, any breach of this section by the Receiving Party or any of its representatives; (ii) is or becomes available to the Receiving Party on a non-confidential basis from a third-party source, provided that such third party is not and was not prohibited from disclosing such Confidential Information; (iii) was known by or in the possession of the Receiving Party or any of its representatives before being disclosed by or on behalf of the Disclosing Party; (iv) was or is independently developed by the Receiving Party without reference to or use, in whole or in part, of any of the Disclosing Party's Confidential Information; or (v) is required to be disclosed under applicable federal, state or local law, regulation, or a valid order issued by a court or governmental agency of competent jurisdiction. The Receiving Party shall: (A) protect and safeguard the confidentiality of the Disclosing Party's Confidential Information with at least the same degree of care as the Receiving Party would protect its own Confidential Information, but in no event with less than a commercially reasonable degree of care; (B) not use the Disclosing Party's Confidential Information, or permit it to be accessed or used, for any purpose other than to exercise its rights or perform its obligations under these Terms of Use; and (C) not disclose any such Confidential Information to any person or entity, except to the Receiving Party's representatives who need to know the Confidential Information to assist the Receiving Party, or act on its behalf, to exercise its rights or perform its obligations under the Agreement. The Receiving Party shall be responsible for any breach of this section caused by any of its representatives. At any time at the Disclosing Party's written request, the Receiving Party shall promptly return, and shall require its representatives to return to the Disclosing Party all copies, whether in written, electronic or other form or media, of the Disclosing Party's Confidential Information, or destroy all such copies and certify in writing to the Disclosing Party that such Confidential Information has been destroyed. In addition to all other remedies available at law, the Disclosing Party may seek equitable relief (including injunctive relief) against the Receiving Party and any of its representatives to prevent the breach or threatened breach of this section and to secure its enforcement.

Prohibited Uses

You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:

In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the United States or other countries).
For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
To defame, malign, stalk or harass any person or business.
To suggest that you are in any way affiliated with, or endorsed by, the Company.
To disparage, harass, or defame the Company or any affiliate, customer or visitor.
To create any part of an advertisement, book, movie or video, audio or written production.
To gain any or analyze any competitive information about the Company or its customers or visitors.
To create, send, knowingly receive, upload, download, use or re-use any material which is hateful, obscene or otherwise determined by us, in our sole discretion, to be inappropriate or to not comply with the these Terms of Use.
To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation.
To impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).
To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website, or expose them to liability.

Additionally, and without limiting any of the foregoing, you agree not to:

Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Website, including their ability to engage in real time activities through the Website.
Use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.
Use any device, software or routine that interferes with the proper working of the Website.
Introduce any viruses, Trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website.
Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
Otherwise attempt to interfere with the proper working of the Website or its use by us or others.

Monitoring and Enforcement; Termination

We have the right to:

Take any action with respect to your information and any use of the Website that we deem necessary or appropriate in our sole discretion to mitigate any inappropriate use of the Website, any infringement any intellectual property right or other right of any person or entity, any threat to the personal safety of users of the Website or the public, or that could create liability for the Company or its affiliates or partners.
Disclose your identity or other information about you to any third party who claims that you have violated their rights, including their intellectual property rights or their right to privacy.
Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
Terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms of Use.

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website.

YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

Infringement

If you believe that any content on the Website violates your copyright, trademark, or other rights, please send an email to documents@mydmedoc.com notifying us of your concern. If the concern relates to copyright, please be sure to provide at least the following information:

Identification of the: (i) copyrighted work(s) infringed; (ii) the infringing activity; and (iii) the location of the infringing activity (typically by providing the uniform resource locator ("URL")).
Contact information of the notice sender, including an email address.
A statement that the notifier has a good faith belief that the use of the material is not authorized by the intellectual property or copyright owner, its agent, or the law.
A statement that the information provided is accurate and the notifier is authorized to make the complaint on behalf of the intellectual property or copyright owner.
The signature of the intellectual property or copyright owner or its agent, in physical or electronic form.

You may also contact us by sending the same information by United States mail to:

MY DME DOC
977 Del Mar Dr
The Villages, Florida 32159

Reliance on Information Posted

The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

This Website may include content provided by third parties, including materials in the public domain, materials provided by product manufacturers, and possibly materials provided by other users, bloggers and other third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided directly by the Company or its affiliates, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company or its affiliates.

We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties, and make not warranties whatsoever regarding any product or service purchased through the Website, all such warranties being the sole responsibility of the manufacturer or service provider

Changes to the Website

We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.

Information About You and Your Visits to the Website

All information we collect on this Website is subject to our Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Orders; Pricing and Payment

We may choose not to accept orders at our sole discretion, even after we send you a confirmation, which may include an order number and details of items ordered.

All prices, discounts and promotions posted on the Website are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total. We strive to display accurate price information, however we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies or omissions at any time and to cancel any orders arising from such occurrences.

Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, payment must be received by us before our acceptance of an order. You represent and warrant that (i) any credit card, bank account or other payment method information you supply to us is true, correct and complete, (ii) you are duly authorized to use such payment credit card, bank account or other payment method for the purchase, (iii) charges incurred by you will be honored by your credit card company, bank, or other payment source, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on the Website at the time of your order.

Linking to the Website and Social Media Features

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part, or in any way intended to damage the Website or our reputation. You may not use our logo in any way in connection with such link, or otherwise, without our prior written consent. You may never frame any part of our Website without our prior written consent.

The website from which you are linking must comply in all respects with the standards set out in these Terms of Use.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.

We may disable all or any social media features and any links at any time without notice in our discretion.

Links from the Website

If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Geographic Restrictions

The owner of the Website is based in the State of Florida in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws. If you are a resident of the European Union, or any other location that imposes privacy laws or regulations that are stricter than, or inconsistent with, what is agreed to in our Privacy Policy, then you must not provide any information to the Website.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive or malicious code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.

WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

NEITHER THE COMPANY NOR ITS AFFILIATES NOR ANY PERSON ASSOCIATED WITH THE COMPANY OR ITS AFFILIATES MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ITS AFFILIATES NOR ANYONE ASSOCIATED WITH THE COMPANY OR ITS AFFILIATES REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

No Non-Compete Agreement

No part of these Terms of Use shall be interpreted as a non-compete agreement. By using the Website, you agree that there shall be no restriction on competition by you or us with the other.

No Service-Level Agreement

No part of these Terms of Use shall be interpreted as a service level agreement.

Governing Law and Jurisdiction

All matters relating to the Website and these Terms of Use, the Privacy Policy, any information provided or collected by the Website or any product provided by us or our affiliates, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Florida without giving effect to any choice or conflict of law provision or rule (whether of the State of Florida or any other jurisdiction).

Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Website that is not resolved through arbitration as set forth above shall be instituted exclusively in the courts of the State of Florida located in Sumter County, Florida, or the United States District Court for the Middle District of Florida, although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use or violation of our intellectual property rights or other rights in your place of residence. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Limitation on Time to File Claims

EXCEPT TO THE EXTENT PROHIBITED BY LAW, ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE OR ANY PRODUCT PROVIDED BY US OR OUR AFFILIATES OR ANY INFORMATION PRESENTED OR COLLECTED BY THE WEBSITE OR ANY SUCH PROJECT MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Waiver and Severability

No waiver by the Company of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Entire Agreement

The Terms of Use, our Privacy Policy, and any applicable service agreement, if applicable, constitute the sole and entire agreement between you and MY DME DOC with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website.

Your Comments and Concerns

This website is operated by MY DME DOC, 977 Del Mar Dr, The Villages, Florida 32159.

All feedback, comments, requests, including requests for technical support, complaints, concerns, and/or other communications relating to the Website should be directed to: documents@mydmedoc.com.

II. Patient Terms

In addition to the foregoing General Terms, by using the Website as a Patient, You agree to the following Patient Terms. The Website offers a patient portal, which allows a Patient to input patient information, communicate with Providers, Manufacturers, and Suppliers, and Pharmacies, and monitor order status.

For Orders We Supply — Online Purchases

You agree that any order placed by you or your Physician on your behalf is an offer to buy, under these Terms of Use, all products and services listed in that order. All orders must be accepted by us or we will not be obligated to sell the products to you. Any services in an order are provided by third parties, and not by us.

You are responsible for all amounts not paid directly by Medicare or your insurance provider. We may arrange for shipment of the products to you. Please check the individual product page for specific delivery options. You are responsible for all shipping and handling charges unless otherwise agreed by us in writing. Shipping and handling charges are reimbursement for the costs we incur in the processing, handling, packing, shipping, and delivery of your order. We are not responsible for the acts or omissions of any delivery personnel and you agree not to seek to hold us responsible for any such acts or omissions.

Title and risk of loss pass to you upon our transfer of the products to you or a carrier, whichever comes first, unless otherwise agreed by us in writing. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.

All sales on hygiene products, lift chairs, hospital beds, bath safety products and special order items are final and non-refundable and cannot be returned.

WE OFFER NO REFUNDS ON HYGIENE PRODUCTS, LIFT CHAIRS, HOSPITAL BEDS, BATH SAFETY PRODUCTS, SPECIAL ORDER ITEMS OR PRODUCTS DESIGNATED ON THE WEBSITE AS FINAL SALE OR NON-REFUNDABLE

Except for any hygiene products, lift chairs, hospital beds, bath safety products or special order items, or any products designated on the Website as final sale or non-returnable, we will accept a return of products for a refund of your purchase price, less the shipping and handling costs and a 20% restocking fee, provided such return is made within 30 days of shipment with valid proof of purchase and provided such products are like new, adequate for resale and returned in original, unopened condition.

You are responsible for all shipping and handling charges on returned items. You bear the risk of loss during shipment. We therefore suggest that you insure your return shipment against loss or damage and that you use a carrier that can provide you with proof of delivery for your protection. All returns are subject to a 20% restocking fee. Prior to any return, you must either use the product return feature of the Website, or if there is no product return feature, you must contact us by emailing documents@mydmedoc.com and obtaining a return merchandise authorization (“RMA”) number and instructions.

We do not provide any warranties with respect to the products offered on the Website. The products on the Website may be covered by the manufacturer's warranty as detailed in a product description provided by its manufacturer. To obtain warranty service for defective products, please contact the product's manufacturer and follow the instructions provided by the product's manufacturer.

AS BETWEEN YOU AND US, ALL PRODUCTS OFFERED ON THE WEBSITE ARE PROVIDED "AS IS" WITHOUT ANY WARRANTY WHATSOEVER (OTHER THAN MANUFACTURER WARRANTIES), INCLUDING, WITHOUT LIMITATION, ANY (A) WARRANTY OF MERCHANTABILITY; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.

SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

YOU AFFIRM THAT WE SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY BREACH OF WARRANTY CLAIMS OR FOR ANY DAMAGES ARISING OUT OF THE MANUFACTURER'S FAILURE TO HONOR ITS WARRANTY OBLIGATIONS TO YOU.

You represent and warrant that you are buying products from the Website for your own personal or household use only, and not for resale or export. You further represent and warrant that all purchases are intended for final delivery to locations within the United States.

Dispute Resolution, Arbitration and Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

You agree that these Terms of Use affect interstate commerce and that the Federal Arbitration Act governs the interpretation and enforcement of these arbitration provisions. This Section is intended to be interpreted broadly and governs any and all disputes asserted by you against us, arising out of or relating to any aspect of the Website or any product provided by us or our affiliates, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, including both claims that arose before these Terms of Use were accepted (including, but not limited to, claims related to advertising, and any content available on or through our website(s)), and claims that may arise after the termination of these Terms of Use. The only disputes excluded from this broad prohibition are (i) the litigation of certain intellectual property and (ii) small court claims.

By agreeing to these Terms of Use, you agree to resolve any and all disputes asserted by you or your successors against the Company or its affiliates that arise in any way from your use of the Websites or any product provided by us or any information collected or provided by the Websites or any product provided by us as follows:

Initial Dispute Resolution: Most disputes can be resolved without resort to litigation. You can reach us regarding any dispute by emailing us at documents@mydmedoc.com or at the address shown in the last section of these Terms of Use. Except for intellectual property and small claims court claims, the parties agree to use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation with us, and good faith negotiations shall be a condition to you initiating a lawsuit or arbitration.

Binding Arbitration: If the parties do not reach an agreed-upon solution within a period of thirty (30) days from the time informal dispute resolution is initiated as set forth above, then you may initiate binding arbitration as the sole means to resolve claims, subject to the terms set forth below. Specifically, all claims arising out of or relating to these Terms of Use and Privacy Policy (including, without limitation, the formation, performance, and/or breach of these Terms of Use or Privacy Policy), the parties' relationship with each other, and/or your use of our products or the Website shall be finally settled by binding arbitration administered by JAMS in accordance with the JAMS Streamlined Arbitration Procedure Rules for claims that do not exceed $250,000 and the JAMS Comprehensive Arbitration Rules and Procedures for claims exceeding $250,000 in effect at the time the arbitration is initiated, excluding any rules or procedures governing or permitting class actions. The arbitration shall apply the laws of the State of Florida, irrespective of any conflicts of laws principles or rules.

The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of these Terms of Use or the Privacy Policy, including but not limited to any claim that all or any part of these Terms of Use or Privacy Policy is unenforceable, void or voidable, whether a claim is subject to arbitration, or the question of waiver by litigation conduct. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator's award shall be written and shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction.

To start an arbitration, you must do the following: (a) write a Demand for Arbitration that includes a description of the claim and the amount of damages you seek to recover (you may find a copy of a Demand for Arbitration at www.jamsadr.com ); (b) send three copies of the Demand for Arbitration, plus the appropriate filing fee, to JAMS, 620 Eighth Ave. NY Times Building 34th Floor New York, NY 10018 USA; and (c) send one copy of the Demand for Arbitration to us at the address set forth in the last section of these Terms of Use.

To the extent the filing fee for the arbitration exceeds the cost of filing a lawsuit, we will pay the additional cost. If the arbitrator finds the arbitration to be non-frivolous, we will pay the fees invoiced by JAMS, including filing fees and arbitrator and hearing expenses. You are responsible, however, for your own attorneys' fees unless the arbitration rules and/or applicable law provide otherwise.

You understand that this arbitration provision is mandatory in the event you desire to assert a claim against us or our affiliates that arises from the Website, any product provided by us or our affiliates, or any information collected or provided by the Website or any such product. In the event that we wish to assert a claim against you, we may do so using arbitration as set forth in this section, or by filing a court action.

The parties understand that, absent this mandatory arbitration provision, you would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.

If you are a resident of the United States, arbitration may take place in the county where you reside at the time of filing. For individuals residing outside the United States, arbitration shall be initiated in the State of Florida, United States of America. You further agree to submit to the personal jurisdiction of any federal or state court in Hillsborough County Florida, or the United States District Court, Middle District of Florida, in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.

Class Action Waiver: The parties further agree that the arbitration shall be conducted in their individual capacities only, and not as a class action or other representative action, and you expressly waive your right to file a class action or seek relief on a class basis.

YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US OR OUR AFFILIATES ONLY IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provisions set forth above shall be deemed null and void in their entirety and the parties shall be deemed to have not agreed to arbitrate disputes.

Exception for Litigation of Intellectual Property and Small Claims Court Claims: Notwithstanding the parties' decision to resolve all disputes through arbitration, either party may bring enforcement actions, validity determinations or claims arising from or relating to theft, piracy or unauthorized use of intellectual property in state or federal court or in the U.S. Patent and Trademark Office to protect its intellectual property rights ("intellectual property rights" means patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights). Either party may also seek relief in a small claims court for disputes or claims within the scope of that court's jurisdiction.

30-Day Right to Opt Out: You have the right to opt out and not be bound by the arbitration and class action waiver provisions set forth above by sending written notice of your decision to opt out to documents@mydmedoc.com with the subject line, “ARBITRATION AND CLASS ACTION WAIVER OPT-OUT.” The notice must be sent within thirty (30) days of your agreement to these Terms; otherwise, you shall be bound to arbitrate disputes in accordance with the terms of those paragraphs. If you opt out of these arbitration provisions, we also will not be bound by them.

Changes to This Section: Changes to this section will apply prospectively only to claims arising after the thirtieth (30th) day after the revised Terms of Use have been posted. If a court or arbitrator decides that this subsection on “Changes to This Section” is not enforceable or valid, then this subsection shall be severed from the section entitled “Arbitration and Class Action Waiver,” and the court or arbitrator shall apply the first Arbitration and Class Action Waiver section in existence after you began using the Website.

Survival: This Arbitration and Class Action Waiver section shall survive any termination of these Terms of Use or any cessation of use of the Website or any product provided by us or our affiliates.

Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COLLECTIVE LIABILITY OF THE COMPANY AND ITS SUBSIDIARIES AND AFFILIATES, AND THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE AMOUNT PAID OR OWED BY YOU IN CONNECTION WITH THE ORDER THAT GAVE RISE TO THE ALLEGED LIABILITY, WHICHEVER IS GREATER.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, your reliance on or use of the Website's content, or any use of services and products purchased or obtained through the Website.

III. Provider Terms

If You are a Provider, Your use of the Website is subject to the General Terms in addition to these Provider Terms and the Other User Terms below. The Website offers a healthcare provider portal, which allows a Provider to input patient information, enter prescription orders for Patients, and monitor order status.

Limitation on Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COLLECTIVE LIABILITY OF THE COMPANY AND ITS SUBSIDIARIES AND AFFILIATES, AND THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED ONE DOLLAR ($1.00).

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You further agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to any death or bodily injury, including to a Patient, caused in whole or in part in any way by you or your reliance on the Website.

IV. Manufacturer Terms

If You are a Manufacturer, You are subject to the General Terms above, these Manufacturer Terms, the Other User Terms below, and any written agreement signed by us (if any). To the extent of any conflict between these Terms of Use and any signed, written agreement, the terms of the signed, written agreement will prevail. Otherwise, these Terms of Use and any other agreement are intended to be construed together. The Website offers a DME manufacturer portal, which allows a Manufacturer to provide information about supplied DME, monitor order status, and communicate with Patients, such as to provide training or documentation regarding use of supplied DME.

Limitation on Liability

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

V. Supplier Terms

If You are a third party supplier of DME that receives orders from us via the Website, You are subject to the General Terms above, these Supplier Terms, the Other User Terms below, and any written agreement signed by us (if any). To the extent of any conflict between these Terms of Use and any signed, written agreement, the terms of the signed, written agreement will prevail. Otherwise, these Terms of Use and any other agreement are intended to be construed together. The Website offers a third party DME provider portal, which allows a Supplier to supply DME, communicate with Patients, and monitor order status.

Limitation on Liability

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

VI. Pharmacy Terms

If You are a Pharmacy that receives orders from us through the Website, You are subject to the General Terms above, these Pharmacy Terms, the Other User Terms below, and any written agreement signed by us (if any). To the extent of any conflict between these Terms of Use and any signed, written agreement, the terms of the signed, written agreement will prevail. Otherwise, these Terms of Use and any other agreement are intended to be construed together. The Website offers a pharmacy portal, which allows a Pharmacy to supply DME, communicate with Patients, and monitor order status.

Limitation on Liability

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

VII. Other User Terms

Dispute Resolution, Arbitration and Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US OR OUR AFFILIATES ONLY IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

Exception for Litigation of Intellectual Property and Small Claims Court Claims: Notwithstanding the parties' decision to resolve all disputes through arbitration, either party may bring enforcement actions, validity determinations or claims arising from or relating to theft, piracy or unauthorized use of intellectual property in state or federal court or in the U.S. Patent and Trademark Office to protect its intellectual property rights ("intellectual property rights" means patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights). Either party may also seek relief in a small claims court for disputes or claims within the scope of that court's jurisdiction.

Survival: This Arbitration and Class Action Waiver section shall survive any termination of these Terms of Use or any cessation of use of the Website or any product provided by us or our affiliates.

Limitation on Liability

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.