Site Terms of Use


 
Introduction

This site and related services are provided subject to these terms and conditions. Please read the following information carefully. Your continued use of this site will indicate your agreement to be bound by the terms and conditions set forth below. If you do not agree to these terms and conditions, promptly exit this site.

Sections:

  1. Restrictions on Use and Ownership
  2. Copies of These Terms and Conditions
  3. Limited Access Areas of the Site; Registration
  4. Your License to Us; Content
  5. Your Obligations
  6. Your Indemnity
  7. Infringement Notices
  8. Privacy
  9. Sale
  10. Price
  11. Equipment
  12. Software
  13. Warranty Disclaimer
  14. Limitation of Liability
  15. Release
  16. Accuracy and Integrity of Information
  17. Links or Pointers to Other Sites
  18. Export, Import, and Other Regulations
  19. Choice of Law; Venue
  20. Entire Agreement

1. Restrictions on Use and Ownership

All pages and information within this website and any material made available for download (collectively the “Site”) are the property of BidMed LLC (“BidMed”) and/or its subsidiaries, affiliates, vendors, and licensors. BidMed hereby grants you a nonexclusive, non-transferable license to use the Site solely for your personal, non-commercial use (except with regard to your use of inherent functionality provided through the Site). As a condition of your use of this Site, you warrant to BidMed that you will not use the Site for any purpose that is unlawful or prohibited by these Terms and Conditions. If you breach any of these Terms and Conditions, your authorization to use this Site automatically terminates and you must immediately destroy any downloaded or printed materials. The contents of the Site, including the text, images, audio, and video, are copyrighted and may not be distributed, modified, reproduced, or used, in whole or in part, without the prior written consent of BidMed, except that you may download content from the Site to any single computer for your personal, non-commercial use (except with regard to your use of inherent functionality provided through the Site) only, provided you keep intact all copyright, trademark, and other proprietary notices and comply with any applicable end user license agreements. For purposes of these Terms and Conditions, any use of these materials on any other website or networked computer environment for any purpose is prohibited. All trademarks, service marks, icons, and logos used in this Site are the trademarks, service marks or logos of BidMed or their respective owners. You may not use automated systems (e.g., robots, spiders, etc.) to access the Site. You agree not to collect personally identifiable information of other users of the Site or to sell or otherwise exploit that information. Any rights not expressly granted by these Terms and Conditions or any applicable end user license agreements are reserved by BidMed and/or its vendors and licensors.

2. Copies of These Terms and Conditions; Updates

You may print a copy of these Terms and Conditions using the print button or feature in your browser. We suggest retaining a copy for your future reference. You should be aware, however, that we may revise these Terms and Conditions at any time, and by your continued use of the Site agree to be bound by future revisions. It is your responsibility to periodically visit the “Terms and Conditions” link at the bottom of our home page to review the most current version of the Terms and Conditions. You may use your browser to print copies of any updated Terms and Conditions.

3. Limited Access Areas of the Site; Registration

Certain areas of the Site require registration, establishment of an account, and the use of a username and/or password to access. By registering, you represent and warrant (a) that you are 18 years of age or over, and (b) the registration information you provide is current, complete, and accurate. You are responsible for updating the registration information to ensure it continues to be current, complete, and accurate. BidMed may accept or reject registration requests for the Site in BidMed’s sole discretion and may revoke registration and accounts at any time, without cause or prior notice. The Site may also display names as part of the registration process to facilitate an individual registrant’s affiliation with the correct entity. You consent to that use. You are responsible for maintaining the confidentiality of your username and password and all activities conducted using your username and password. You will notify BidMed immediately of any unauthorized use of your username or password and that you will, for security reasons, make sure that you exit from any activities on the Site at the end of each of your uses of the Site.

4. Your License to Us; Content

Any communications, content, video, or other material of any kind that you e-mail, post, upload, store, or transmit through the Site, including, questions, comments, suggestions, and other data and information (your “Content”) will be treated as non- confidential and non-proprietary. You grant BidMed a non-exclusive, perpetual, world-wide, irrevocable license to reproduce, transmit, display, disclose, create derivative works of, perform, and otherwise use and exploit your Content on the Site or elsewhere for our business purposes in all media now known or later developed. We are free to use any ideas, concepts, techniques, know-how in your Content for any purpose, including, but not limited to, the development and use of products and services based on the Content.

5. Your Obligations

You represent and warrant that you have all right, title, and interest necessary to post your Content to the Site and grant the rights provided above. You will not provide any Content that (i) violates the intellectual property, privacy, publicity, or other rights of any individual or entity; (ii) is defamatory, obscene, threatening, harassing, or offensive; or (iii) violates any law, regulation, or rule. BidMed may, but is not obligated to, monitor or review any areas of the Site where user Content may be made available, including, but not limited to, chat rooms, discussion areas, bulletin boards, and other user forums. BidMed, however, will have no liability related to the Content or your access to or use of any other user’s Content, whether or not arising under the laws of copyright, defamation, privacy, obscenity, or otherwise. BidMed retains the right to remove, in its sole discretion, without notice, Content that includes any material deemed abusive, defamatory, obscene, illegal, or otherwise inappropriate.

6. Your Indemnity

At BidMed’s option and request, you will, at your own expense, indemnify, defend, and hold BidMed and its subsidiaries, affiliates, officers, employees, agents, co-branders, suppliers, or associates harmless from and against any losses, costs, damages, liabilities, and expenses (including reasonable attorneys’ fees and expert costs), arising out of your use of the Site or related to a third-party claim, action or allegation (a) related in any way to a transaction or dispute between you and any third party, including any counterparty to a sale transacted on the Site, (b) based on or caused by unauthorized access to the Site through your account, (c) based on your actual or alleged breach of these Terms and Conditions, (d) based on your violation of any applicable law or regulation of any jurisdiction, or (e) arising out of your Content. You may not enter into a settlement or stipulated judgment of the foregoing without BidMed’s prior written consent.

7. Infringement Notices

As provided in the Digital Millennium Copyright Act of 1998, we have designated the following individual for notification of potential copyright infringement regarding the Site:

BidMed, LLC
1016 W Jackson Blvd
Chicago, IL 60607
773.840.8140 or 866.811.1441 (toll-free)
info@bidmed.com

If you believe Content available through the Site infringes a copyright, please provide the following information to the person identified above (17 U.S.C. § 512):

  1.  A physical or electronic signature of the copyright owner or authorized agent;
  2.  Identification of the copyrighted work(s) claimed to have been infringed;
  3.  Identification of the material that is claimed to be infringing or to be the subject of the infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
  4.  Information regarding how we may contact you (e.g., mailing address, telephone number, e-mail address);
  5.  A statement that the copyright owner or its authorized agent has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  6.  A statement that the information in the notification is accurate, and made under penalty of perjury, and, if an agent is providing the notification, a statement that the agent is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

8. Privacy

Please review BidMed’s Privacy Policy for details on the manner in which we collect, use, disclose and otherwise manage your personal information.

9. Sale

If you sell products, supplies and/or equipment through BidMed (as a “Seller”), you represent and warrant that you have full title and interest in and the rights to such products, supplies and/or equipment (collectively herein “Equipment”) sold to the buyer of the Equipment (“Buyer”); and that you have the right and ability to sell, transfer, grant title to, deliver and convey the Equipment to Buyer. As a Seller, you represent and warrant that the title to the Equipment conveyed is good, and that such Equipment is delivered and sold free and clear of all liens, security interests, claims, pledges, licenses, options, conditional sales agreements, assessments, levies, covenants, restrictions, charges or encumbrances of any nature whatsoever, that the Equipment is not subject to restrictions on transferability, that you have complete and unrestricted authority to transfer the Equipment, and that you will warrant and defend the same against all lawful claims and demands whatsoever and indemnify Buyer against any loss, claim or expense (including attorneys’ fees) in connection therewith. You also agree that you will execute and deliver any further assignments, instruments of transfer, bills or sale or conveyances and do such further acts as Buyer may reasonably request in order to vest fully in Buyer all right, title and interest to, and in, the Equipment.

10. Price

The prices of the Equipment are F.O.B. Origin, unless otherwise noted. If you are a Buyer, you shall pay all transportation, license fees, custom duties and other such charges as added to the total purchase price unless otherwise noted. All applicable sales, use, transfer or exercise taxes arising from the sale of Equipment to you (as a Buyer) will be charged to you and will be added to the purchase price in accordance with local and/or state law, and you will also bear the cost of any personal property taxes assessable on the Equipment after delivery to the carrier.

11. Equipment

If you are a Seller, in the event that any Equipment is out of stock, discontinued, or not available for delivery, your liability shall be limited to a credit or refund of any monies Buyer may have paid for such items that are not deliverable. Notwithstanding anything to the contrary herein, if you are a Seller, you shall not be liable for any delay in delivery or for non-delivery of Equipment in whole or in part caused by the occurrence of any contingency beyond the control of you or your suppliers, including, but not limited to, war, sabotage, acts of civil disobedience, failure or delay in transportation, act of any government or agency for subdivision thereof, judicial action, labor dispute, fire, accident, explosion, quarantine, restrictions, storms, flood, earthquake, or acts of God, shortage of labor, fuel, raw materials, or machinery or technical failure where you have exercised ordinary care in the prevention thereof. If any contingency occurs, allocation of Equipment and delivery thereof will be at your discretion as Seller. Certain Equipment may be delivered with accompanying materials and documents, including, but not limited to, user’s manuals, safety instructions, storage instructions and instructions for use (“Materials”).If you are a Buyer, you acknowledge that Sellers make no guarantee, statement, claim, representation or warranty that Equipment will be delivered with any Materials or that the Equipment will include parts, accessories, safety devices or comply with applicable laws. If Materials are not included with Equipment, it is your obligation as the Buyer of the Equipment to obtain the Materials and any necessary operating documentation directly from the equipment manufacturer. Sellers shall have no responsibility or liability in the event you, as Buyer, are unable to obtain the Materials and any necessary operating documentation directly from the equipment manufacturer, and make no guarantee that the Materials and any necessary operating documentation will be available from the equipment manufacturer. As Buyer, it is solely your responsibility to provide proper safety devices, accessories, items and equipment or the means necessary or required for the Equipment to meet all government safety standards or any other laws, including, but not limited to, any environmental protection or other public protection laws or regulations. If you are a Buyer, you acknowledge and agree that certain Equipment may be subject to governmental restrictions on its use, and it is solely your responsibility to ascertain and comply with any such restrictions. In this regard, you as Buyer are legally able to purchase and/or use the subject Equipment, and you are solely responsible for obtaining adequate personal injury insurance coverage and your failure or inability to obtain such insurance coverage does not invalidate your obligation to pay the purchase price. BidMed is not involved in the actual transaction between Buyers and Sellers. While BidMed may help facilitate the resolution of Buyer and Seller disputes, BidMed has no control over and does not guarantee the existence, quality, safety of 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. All Equipment (including any related Materials) is sold “AS IS, WHERE IS,” irrespective of condition, wear, damage and “AS AVAILABLE,” with all faults, defects, with no representations or warranties of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, use, quiet enjoyment, quality, quality of information, capacity, design, workmanship and title/noninfringement. Notwithstanding the prior sentence, certain Equipment that is marked as “refurbished” may include an explicit, written warranty; any such “refurbished” Equipment warranty is provided by solely by the Seller and not by BidMed, and neither BidMed nor any of its subsidiaries, affiliates, officers, employees, agents, co-branders, suppliers, or associates is liable in any way for the breach of such warranty.

12. Software

Certain Equipment may be accompanied by or may contain software embedded within the Equipment, and such software may be subject to copyright or other intellectual property right protections. Such software may be subject to and/or require a license agreement with the software manufacturer, and such license agreement may place restrictions on the sale and/or use of the software. If you are a Seller, you expressly acknowledge and agree that you shall not sell, transfer or convey any Equipment to a Buyer in violation of any applicable license agreement, and will take any and all steps as may be necessary to transfer or assign an applicable license agreement, if so requested by Buyer, to Buyer.

13. Warranty Disclaimer

This site, including any content or information contained within it or any site-related service, including all the provision of “equipment” (as such term is defined herein) and any other services, data, materials and content (accompanying and/ or embedded within equipment) by any seller, is provided “as is,” irrespective of condition, wear, damage and “as-available,” with all faults, defects, with no representations or warranties of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, use, quiet enjoyment, quality, quality of information, capacity, design, workmanship and title/non-infringement. You assume total responsibility and risk for your use of this site, site-related services, and hyperlinked websites. No oral or written information or advice given by BidMed or its authorized representatives shall create a warranty, equipment endorsements or medical advice or in any way increase the scope of this warranty or the obligations of any seller. The availability of equipment for purchase from seller in no way constitutes an endorsement of such by seller, nor any representation or warranty as to the safety, efficacy or appropriateness of any equipment. Sellers on this website provide no professional or medical advice as to any equipment or use of equipment. Buyers expressly agree and acknowledge that purchase, use of and receipt of the equipment are at buyer’s sole risk.

14. Limitation of Liability

BidMed and its affiliates, vendors, licensors, and other third parties mentioned on the site are neither responsible nor liable for any direct, indirect, incidental, consequential, special, exemplary, punitive, or other damages whatsoever (including, without limitation, those resulting from lost profits, lost data, or business interruption) arising out of or relating in any way to the site, site-related services, products and “equipment” (as such term is defined herein), content or information contained within the site, and/or any hyperlinked website, whether based on warranty, contract, tort, or any other legal theory and whether or not advised of the possibility of such damages. Your sole remedy for dissatisfaction with the site, site- related services, and/or hyperlinked websites is to stop using the site and/or those services. Applicable law may not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

15. Release

BidMed is not the seller in transactions between buyers and sellers. If you have a dispute with one or more buyer or seller parties, you release BidMed (and its subsidiaries, affiliates, officers, employees, agents, co-branders, suppliers or associates) from any claims, demands and damages (whether direct, indirect, incidental, consequential, special, exemplary, punitive, or other damages), known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. In entering into this release you expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.

16. Accuracy and Integrity of Information

Although BidMed attempts to ensure the integrity and accuracy of the Site, it makes no guarantees whatsoever as to the correctness or accuracy of the Site. It is possible that the Site could include typographical errors, inaccuracies, or other errors, and that unauthorized additions, deletions and alterations could be made to the Site by third parties. In the event that an inaccuracy arises, please inform BidMed so that it can be corrected. Information contained on the Site may be changed or updated without notice.

BidMed makes no representations whatsoever about any other website that you may access through this Site. When you access a non-BidMed site, please understand that it is independent from BidMed, and that BidMed has no control over the content on that website. In addition, a hyperlink to a non-BidMed website does not mean that BidMed endorses or accepts any responsibility for the content, or the use, of the linked site. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature. If you decide to access any of the third party sites linked to this Site, you do this entirely at your own risk.

18. Export, Import, and Other Regulations

Regulations. You assume all responsibility for compliance with all laws and regulations of the United States and any other country from which you may access the Site regarding access, use, export, re-export and/or import of any Site content. You acknowledge and agree that you will not export or import any Site content to any country to which export or import is restricted under United States law, that you are not a national of any such country, and that the Site content will not be used in the design, development or production of nuclear, chemical or biological weapons.

19. Choice of Law; Venue

These Terms and Conditions are entered into in the State of Illinois and shall be governed by and construed in accordance with the laws of the State of Illinois, exclusive of its choice of law rules. Any dispute, controversy or claim arising under, out of, in connection with or in relation to the Site or these Terms and Conditions will be resolved in the state or federal courts located in Cook County, Illinois. In the event that any of the Terms and Conditions are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these Terms and Conditions shall otherwise remain in full force and effect.

20. Entire Agreement

Except as provided below, these Terms and Conditions constitute the entire agreement between BidMed and you pertaining to the subject matter hereof. In its sole discretion, BidMed may from time-to-time revise these Terms and Conditions by updating this posting. You should, therefore, periodically visit this page to review the current Terms and Conditions, so you are aware of any such revisions to which you are bound. Certain provisions of these Terms and Conditions may be superseded by expressly designated legal notices or terms located on particular pages within this Site.