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.
- Restrictions on Use and Ownership
- Copies of These Terms and Conditions
- Limited Access Areas of the Site; Registration
- Your License to Us; Content
- Prohibited Uses
- Your Indemnity
- Infringement Notices
- Warranty Disclaimer
- Limitation of Liability
- Accuracy and Integrity of Information
- Links or Pointers to Other Sites
- Export, Import, and Other Regulations
- Choice of Law; Venue
- Entire Agreement
1. Restrictions on Use and Ownership
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, in our sole discretion, and by your continued use of the Site means you accept and agree to to the changes. 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, and you must not disclose it to any other person or entity. You will notify BidMed immediately of any unauthorized access to or use of your username or password or any other breach of security. In case of unauthorized use of the password by a third party, you are obliged to change your password via the dedicated page of the Site. You also agree to ensure that you exit from your account at the end of each session. 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.
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 exchanged or shared through or in connection with the Site (your “Content”) will be treated as non-confidential and non-proprietary. You grant BidMed and our affiliates and service providers, and each of their respective licensees, successors, and assigns 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, and otherwise disclose to third parties any such material for any purpose. 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.
You represent and warrant that:
- You own or control all rights in and to the Content and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.
You understand and acknowledge that you are responsible for any Content you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
We are not responsible or liable to any third party for the content or accuracy of any Content posted by you or any other user of the Site.
These following standards (the “Content Standards”) apply to any and all Content and use of interactive services on the Site. Content must in its entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, Content must not:
- Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
- Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
- Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
- Be likely to deceive any person.
- Promote any illegal activity, or advocate, promote, or assist any unlawful act.
- Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.
- Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
- Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter, or advertising.
- Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
We have the right to:
- Remove or refuse to post any Content for any or no reason in our sole discretion.
- Disclose your identity or other information about you to any third party who claims that material posted by you violates 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 Site.
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 Site. 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 TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER THE SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, we cannot and do not undertake to review material before it is posted on the Site, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
5. Prohibited Uses
- 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 US 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 transmit, or procure the sending of, any advertising or promotional material [without our prior written consent], 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 email 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 Site, or which, as determined by us, may harm the Company or users of the Site, or expose them to liability.
Additionally, you agree not to:
- Use the Site in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Site, including their ability to engage in real time activities through the Site.
- Use any robot, spider, or other automatic device, process, or means to access the Site for any purpose, including monitoring or copying any of the material on the Site.
- Use any manual process to monitor or copy any of the material on the Site or for any other unauthorized purpose without our prior written consent.
- Use any device, software, or routine that interferes with the proper working of the Site.
- Introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site.
- Attack the Site via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise attempt to interfere with the proper working of the Site.
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
We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the Site infringe on your copyright, you may request removal of those materials (or access to them) from the Site by submitting written notification to our copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:
- Your physical or electronic signature.
- Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Site, a representative list of such works.
- Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
- Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
- A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the written notice is accurate.
- A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
Our designated copyright agent to receive DMCA Notices is:
660 W. Randolph Street
Chicago, IL 60661
773.840.8140 or 866.811.1441 (toll-free)
If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective. Please be aware that if you knowingly materially misrepresent that material or activity on the Site is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
If you believe that material you posted on the Site was removed or access to it was disabled by mistake or misidentification, you may file a counter notification with us (a “Counter Notice”) by submitting written notification to our copyright agent designated above. Pursuant to the DMCA the Counter Notice must include substantially the following:
- Your physical or electronic signature.
- An identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled.
- Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
- A statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.
- A statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you reside outside the United States for any judicial district in which the Site may be found) and that you will accept service from the person (or an agent of that person) who provided the Site with the complaint at issue.
The DMCA allows us to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within ten business days of receiving the copy of your Counter Notice.
Please be aware that if you knowingly materially misrepresent that material or activity on the Site was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.
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. As a Seller, you shall retain title and ownership of the Equipment until such time as it is shipped or transferred to Buyer. Specifically, title of Equipment shall pass to Buyer upon: (i) Seller or Seller’s agent placing the Equipment with a commercial carrier or (ii) Seller or Seller’s agent taking possession of the Equipment at the Seller’s location should Buyer elect to arrange for pick-up of the Equipment.
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.
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. Further, BidMed cannot guarantee that an item purchased will accurately reflect how it was depicted or described. In the event there is a discrepancy between what was depicted or described and acquired by Buyer, BidMed will coordinate with Buyer and Seller to resolve the matter. 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. BidMed shall not be liable for any consequential or incidental damages suffered by Buyer or anyone claiming by, through or under Buyer, as a result of the condition of Equipment. BidMed makes no representations or warranties that the Equipment will satisfy or meet the requirements of any law, rule or regulation. Buyer expressly agrees and acknowledges that purchase, use of and receipt of the Equipment are at Buyer’s sole risk. BidMed does not endorse any equipment or manufacturer. 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.
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 thE site 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.
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.
17. Links or Pointers to Other Sites
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.