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General Policies

Products purchased from East Coast Medical Supply are intended for experimental, laboratory, and medical use only. These products are intended for those 18 years of age or older. You are responsible for the laws governing your area. By ordering from EastCoastMedicalSupply.com, you hereby agree to the policies listed, as well as the Terms Of Use.

TERMS OF USE:

Welcome to the Terms of Use/User Agreement for Eastcoastmedicalsupply.com. This Agreement describes the terms and conditions applicable to your use of this site and the services offered here. PLEASE READ ALL TERMS OF USE CAREFULLY BEFORE USING THIS SITE OR ANY OF ITS SERVICES. BY USING OR BROWSING THIS SITE OR SERVICES, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH IN THESE TERMS OF USE. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS SET FORTH IN THE TERMS OF USE, YOU DO NOT HAVE THE RIGHT TO USE THIS SITE OR ANY OF ITS SERVICES.

ELIGIBILITY: This site and its services shall be limited to users that are legal residents of the United States and Canada only. All others void where prohibited.

The web pages available at Eastcoastmedicalsupply.com and all linked pages make up and constitute the “Site” and are owned and operated by East Coast Medical Supply INC. (“Company”), a Florida Corporation, and are being accessed by you, “User,” under the following terms and conditions:

1. Access to the Site and Services. Subject to the terms and conditions set forth herein, Company may offer to provide certain services, as described more fully on the Site, which are selected by User through the functionalities on the Site (“Services”), solely for the User’s own use, and not for the use or benefit of third parties. Services may include, without limitation, the sale of Medical Supplies (“Products). Company may change, suspend, or discontinue the Services at any time, with or without notice, including the availability of any feature, database, or content. Company may also impose limits on certain features and services or restrict User’s access to parts or all of the Services without notice or liability. Company may amend this Agreement at any time by posting the amended terms on the Site under the “Terms of Use” hyperlink or elsewhere. Amended terms shall become effectively immediately upon posting to the Site. Use of the Site or Services by User following such amended Terms of Use constitutes User’s acceptance of the amended terms and conditions. The most current Terms of Use will supersede all prior versions. USER AGREED THAT USER’S USE OF THE SERVICES AND THE SITE AND ENGAGING IN TRANSACTIONS THROUGH THE SITE ARE AT USER’S OWN RISK.

A. Registration and Security. As a condition to using the Services, User will be required to register with Company, to provide a mailing address, telephone number, and email address, and to create a unique User-ID and password. User shall provide Company with accurate, complete, and updated registration information. Failure to provide accurate information shall constitute a breach of these Terms of Use, which may result in immediate termination of User’s account. Company reserves the right to refuse registration of, or to cancel a User-ID in its discretion. User shall be solely responsible for maintaining the confidentiality of User’s password. Company, in its discretion, may refuse to permit a User to register on Company’s Site if the email address or the mailing address provided by said User has already been registered on the Site, by User or any other User. Users may register only one User-ID per household. No individual will be permitted to have more than one account at any time in order to protect Users from fraud or the risk of fraud. A User-ID may not be transferred or sold to another party.

B. Minimum Age Requirement. Company’s Services are available only to, and may only be used by individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, Company’s Services are not available to children (persons under the age of 18). If you are under the age of 18, you can use the Services only in conjunction with, and under the supervision of your parents or guardians. User certifies to Company that User is at least 18 years of age. User also certifies that User is legally permitted to use the Services and access the Site, taking full responsibility for accessing the Site and Content, and for the use of the Services. These Terms of Use are void where prohibited by law, and the right to access the Site is revoked in such jurisdictions.

C. User Mailing Address and Contact Information. User understands and acknowledges that User is required to provide and maintain its current mailing address to Company as a condition to accessing Company’s Services. Company reserves the right to verify any User’s mailing address. User understands and acknowledges that Company will serve as intermediary for Product trades and User’s addresses will not be provided to other Users in order to complete shipping or Product trades.

D. Maintaining Connection to the Site. User shall be solely responsible for obtaining and maintaining any equipment or ancillary services required to connect to and access the Site, or otherwise use the Services, including but not limited to modems, hardware, software, long distance or local telephone service, and internet service provider. User shall be solely responsible for ensuring that such equipment or ancillary services are compatible with Company’s Services.

E. Passwords. Use of Company’s Site may require a password. User agrees to maintain Confidentiality of User’s password and is solely responsible for all activities associates with its use, whether authorized or unauthorized. Sharing of account passwords with other persons is a violation of these Terms of Use and may result in account termination. If User has reason to believe that User’s account is no longer secure (for example, in the event of a loss, theft or unauthorized disclosure or use of User-ID or password stored on the Site), User should notify Company immediately of the problem to avoid possible liability for unauthorized charges to User’s account.

2. Site Content. All materials displayed or performed on the Site, including, but not limited to, text, graphics, news articles, photographs, images, illustrations, audio clips, and video clips (collectively, the “Content”) are protected by copyright and trademarks. The Site and all Content is intended solely for use by Company’s Users and may only be used in accordance with these Terms of Use. User shall abide by all copyright notices, information, and restrictions contained in any Content accessed through the Services.

A. Restrictions of Use. The Site is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other copyright laws. User may not modify, publish, transmit, participate in the transfer or sale of, reproduce (except as provided in this section of the Terms of Use), create derivative works based on, distribute, perform, publicly display, or in any way exploit the Site, any of the Content or Services offered therein, or any software or other materials incorporated therein, in whole or in part. User may not download or copy any Content displayed on the Site without the express written consent of Company or from the copyright holder identified in such Content’s copyright notice.

 

B. Contribution and Assignment of Content. User acknowledges and agrees that if User uses any of the Services to contribute Content to the Site, such Content shall become Company property and shall be deemed to be Content hereunder. User hereby assigns all rights, title, and interests in and to such contributions to Company and, to the extent such rights are not fully assignable, hereby grants to Company a perpetual, non-exclusive, worldwide, royalty-free, transferable right to fully exploit such Content (including all related intellectual property rights) and to allow others to do so. To the fullest extent allow by law, the foregoing includes all rights or paternity, integrity, disclosure and withdrawal, and any other rights that may be known as or referred to as “Moral Rights.” To the extent User retains any such Moral Rights under applicable law, User hereby ratifies and consents to any action deemed necessary or advisable by the Company to perfect its interest in all such Content and Moral Rights, and agrees not to assert any Moral Rights with respect thereto except as may be requested by the Company to perfect its interest.

C. Company Right to Remove Content. Company reserves the right to remove any Content from the Site at any time, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if Company is concerned that User may have breached any of its obligations), or for no reason at all.

D. Content Disclaimer. The Company’s Services enable Users to post Content, to access Content posted by other Users and advertisers, and to exchange information for purposes of effecting Transactions. Company has no special relationship with or fiduciary duty to User. Company makes no representations whatsoever concerning, and shall not be responsible or liable for, the accuracy, completeness, copyright compliance, legality, or appropriateness of material contained in or accessed through the Site. User acknowledges that the Site may contain, or direct User to sites containing, information that some persons may find offensive or inappropriate.


E. User Content Posted to the Site. User is solely responsible for the photos, profiles (including name, image, and likeness), messages, notes, text, information, listings, and other content User uploads, publishes, or displays (“Post”) on or through the Site, or transmits to or shares with other Users (collectively “User Content”). User may not post, transmit, or share User Content on the Site that User did not create or that User does not have permission to post. User understands and agrees that Company may, but is not obligated to, review the Site and may delete or remove, without notice, any Site Content or User Content in its sole discretion, for any reason or no reason, including User Content that in the sole judgment of Company violates these Terms of Use, or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Users or others. User is solely responsible at User’s sole cost and expense for creating backup copies and replacing any User Content you post or store on the Site or provide to Company. When User posts User Content to the Site, User authorizes and directs Company to make such copies thereof as Company deems necessary in order to facilitate the posting and storage of the User Content to any part of the Site, User automatically grants, and User represents and warrants that User has the right to grant, to Company an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such User Content for any purpose, commercial, advertising, or otherwise, on or in connection with other businesses.

3. User Responsibilities in Using the Site. User is responsible for all of its activity in connection with the Services and in accessing the Site, including, without limitation, all of User’s activities in completing Transactions and any activity by User that is considered fraudulent, abusive, or otherwise illegal (for examples of fraudulent activity, see Section 5 below). Without limiting any of User’s responsibilities, User acknowledges and agrees to the following restrictions:

A. Compliance with Law. User shall be solely responsible for compliance with all laws, regulations, and ordinances connected with the User’s access to the Site and use of Services.  Certain medical supplies may be restricted in particular regions. The User is solely responsible for following all laws in accordance with state and local regulations.

B. Compliance with End User License Agreements. User shall comply with all publisher and developer End User License Agreements for each Product, as applicable.

C. Compliance with Terms of Use. At all times while accessing or using the Site, User shall comply with all of the provisions of these Terms of Use.

D. Prohibited Activities. User warrants, represents, and agrees that he/she will not contribute any Content that is infringing, libelous, defamatory, obscene, pornographic, abusive, offensive, or otherwise violates any law or right of any third party. User of the Site or Services to violate the security of any computer or network, crack passwords or security encryption codes, transfer or store illegal material including those that are deemed threatening or obscene, or engage in any kind of illegal activity is expressly prohibited. User will not run Maillist, Listserv, any form of auto-responder, or “spam” on the Site, or any processes that run or are activated while the User is not logged in. User may not transfer User’s account to any third party, or use the Site or Services for any commercial purposes or for the benefit of any third party. User will not distribute or post spam, advertisements, chain letters, or pyramid schemes.

E. No Viruses. User shall not distribute viruses, Trojan horses, worms, timebombs, cancelbots, easter eggs, or other computer programming that may damage, interfere with, destroy, or adversely affect Company property, interests, data or personal information, or the property, interests, data, or personal information of other Users.

F. No Soliciting Account Information from Other Users. User shall not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or other private information regarding the account of any other Company User.

4. Completion of Transactions. Users are obligated and required to complete all Transactions that they have accepted (whether buyer or seller) in a timely manner, in accordance with Site rules and these Terms of Use, and to one another’s satisfaction. By accepting a trade, User agrees to be bound by the conditions of the trade so long as those conditions are not in violation of this Agreement or are unlawful. Accepted trades are not retractable except in exceptional circumstances, such as: when User’s trade partner materially changes the item’s description after User accepts; a clear typographical error is made. If User chooses to trade items intended for mature audiences or items that are restricted to adult use, User certifies that User has the legal right to access such items.

A. Information and Further Actions. Users listing Products shall provide all information required by the Company in connection with such listing (“Listing Information”). Users trading Products shall provide to trading Users all information required for such trading User to fully utilize the Product for its intended purposes, including but not limited to, passwords, license numbers, registration codes, key codes, and other necessary information as may be applicable (collectively, “Product Information”). All Listing Information and all Product Information shall be complete and correct, and shall not omit any information about the Product necessary for its use. Users trading Products shall take all appropriate further actions to complete the Transaction promptly and to recipient’s full satisfaction. If the Site does not provide adequate facilities or features for User to provide any relevant Listing Information or Product Information, then User shall not use the Site to list or exchange such Product.

B. Inspection of returned Products by Company. Upon acceptance of a return, User shall ship the Product to Company for inspection. Company’s inspection is intended to ensure that returned Product is fully functional, readable, and fit for its intended re-sale. In the event Company determines that a returned Product is defective, no refund will be made. Company will attempt to limit its inspection time; however, the inspection timeframe cannot be guaranteed. Upon completion of the inspection, providing the returned product is not defective, a full refund will be granted, minus any restocking fees associated with the returned product.

 

C. Mailing of Products. Products are typically shipped within 1 to 5 business days, but may take longer depending on stock issues. If an item is out of stock, User will be notified of a back order and can choose to keep the order or having the order refunded.

 

5. Fraudulent Acts. User Agrees not to commit fraud using the Site or Services. Examples of fraud include, but are not limited to, committing to send a Product but not actually sending it; sending Product after unreasonable delay; claiming a Product was never received when in fact it was; claiming a Product is lost, broken, incorrect, scratched, or otherwise problematic when it is not; claiming to own a Product that User does not own the rights to; creating a different User-ID to avoid adverse action by Company; or creating a different User-ID with the purpose of falsely obtaining replacement Products, and similar actions. In addition, the following related policies will apply. Without limiting any other remedies, Company may suspend or terminate User’s account if Company suspects that User (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the Site. Company will prosecute fraud to the fullest extent of the law, including wire or mail fraud in violation of United States and state law. Company assumes no liability for this or any other fraudulent activity by its Users.

A. When Receiving Shipments. In the event a User claims more than three (3) instances of having received a lost, broken, incorrect, scratched, or otherwise problematic Product, Company may, in its sole discretion, determine that the User is not eligible to use the Services, and Company may elect not to apply credit to the individual’s account for such lost, broken, incorrect, scratched, or otherwise problematic Product. In addition to suspending or terminating a User’s account or access to the Site or Services, Company may pursue any remedies available at law.

B. When Sending Shipments. In the event Company determines that a User has shipped a lost, broken, incorrect, scratched, or otherwise problematic Product to Company for inspection, Company may in its discretion, determine that the User is not eligible to use the Services and Company may elect not to apply any credit to the individual’s account for such lost, broken, incorrect, scratched, or otherwise problematic Product. In addition to suspending or terminating a User’s account or access to the Site or Services, Company may pursue any remedies available at law.

C. User-ID Fraud. User may not (i) select or use as a User-ID a name of another person with the intent to impersonate that person; or (ii) use as a User-ID a name subject to any rights of a person other than User without appropriate authorization; or (iii) create multiple User-IDs within a single household; or (iv) create multiple User-IDs in two or more households for the purpose of defrauding the Company or avoiding adverse action by the Company with respect to User’s account.

6. Third Party Links. The Company Site or Services may contain links or references to third party  websites. User acknowledges that the Company is not responsible for these websites, has not reviewed such websites, has no control over such websites, and is not in any way liable for content that appears on such third party websites.

7. Cookies. The Company may place a cookie or other small text file on any computer from which a User accesses the Site or Services.

8. Fees, Payment, Credit Card Processing. User hereby authorizes Company automatically to charge User’s credit card account for any and all fees incurred by User in using the Site or Services, without the need to provide any further notice to User of the fees so incurred. Company reserves the right to change its price list and to institute new charges at any time. Use of the Services by User following such changes constitutes User’s acceptance of any new or increased charges. User acknowledges that all payments for Services offered by the Company are managed by an online payment platform serviced by Authorize.net. Credit card information is entered by Users directly on the online payment provider’s secure website. The Company does not collect credit card information and is not permitted to access this information during payment. User agrees that the Company shall not be liable in the event of error, fraud, identity theft, or other problems with credit card processing or online payment processing.

9. Privacy Policy. Company views protection of User’s privacy as a very important community principle. Company understands that User and User’s information is one of Company’s most important assets. Company stores and processes User’s information on computers located in the United States that are protected by physical as well as technological security devices. Usage of the Site or Services and any information submitted therein is subject to the Company’s Privacy Policy. Users are advised to review this Privacy Policy [link to policy]. The Company shall maintain the privacy of User’s personal information in accordance with the Privacy Policy. Company shall not be liable for the privacy of any information published by any User on the Site or transmitted by any User to any other User, including, but not limited to, email addresses, registration and identification information, personal information, confidential, or trade-secret information, or any Content. If User objects to the Privacy Policy, User should immediately discontinue use of the Site.

 10. Electronic Communications Privacy Act Notice (18 USC §§2701-2711). COMPANY MAKES NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THE SITE OR ANY WEB-SITE LINKED TO THE SITE. The Company reserves the right to monitor transmissions over its network for maintenance, service quality assurance, or any other purpose permitted by the Electronic Communications Privacy Act.

11. No Warranty. The Services, Content, Site, and any Software, if applicable, are provided on an “As Is” basis and without any warranty or condition, express or implied. Company specifically disclaims any implied warranties of title, merchantability, fitness for a particular purpose, and non-infringement.

12. Release and Indemnity. By using the Services on the Site, User releases Company, its officers, directors, employees, agents, subsidiaries, affiliates, joint venturers, and other related parties from claims, demands, and damages of every kind and nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way connected with the Site, the Services, any Transaction effected on the Site, or otherwise arising from or in connection with the Site, the Services, or any Transaction. If you are a California resident, you waive California Civil Code §1542, which says, “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”

A. Release of Company from User Disputes. In the event that User has a dispute with one or more other Users, User release Company, its officers, directors, employees, agents, subsidiaries, affiliates, joint venturers, and other related parties from claims, demands, and damages of every kind and nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says, “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which is known by him must have materially affected his settlement with the debtor.”

B. Indemnity. User agrees to indemnify and hold Company, its parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand for damages, costs, or expenses, including reasonable attorneys’ fees, made by any third party due to or arising from i) User’s breach of these Terms of Use or the documents it incorporates by reference, ii) User’s use of the Site or Services, or iii) the infringement, by User, or by any third party using User’s account, of any intellectual property or other right of any person or entity. User hereby releases Company from any and all liability arising in connection with the acts or omissions of other Users or of any other third parties, including, but not limited to, any liability relating in any way to the Content or to any Transaction.

13. Liability Limit. IN NO EVENT SHALL COMPANY, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, OR OUR SUPPLIERS BE LIABLE TO A USER WITH RESPECT TO THE SITE OR SERVICES i) FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH SITE, SERVICES, OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE); ii) FOR ANY AMOUNT IN THE AGGREGATE IN EXCESS OF THE FEES PAID BY USER DURING THE 12 MONTHS IMMEDIATELY PRECEDING THE CLAIM OR $50, WHICHEVER IS LESS; iii) FOR ANY DAMAGES AWARDED IN A DISPUTE BETWEEN USER AND ONE OR MORE OTHER USERS. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation may not apply to you.

14. Company Right to Terminate User Account. Notwithstanding anything in these Terms of Use, Company reserves the right, in its sole and absolute discretion, to suspend or terminate a User’s account or a User’s access to the Site or Services at any time, without notice, for any reason or for no reason. Upon termination of a User’s account, User’s right to access the Site, any Content, and to use Company Services, will immediately cease and User will not be entitled to any compensation.

15. Breach. Without limiting other remedies available hereunder or at law or equity, Company may limit User’s activity, immediately remove User’s Account, issue a warning, temporarily suspend or indefinitely suspend User’s account and refuse to provide access to the Site and Services if: i) User breaches these Terms of Use or the documents it incorporates by reference; ii) Company is unable to verify or authenticate any information provided by User; or iii) Company believes that User’s actions may cause financial loss or legal liability for User, for other Users, or for the Company.

16. Notices. Except as explicitly stated otherwise, any notices shall be given by postal mail to Company at 1655 San Roy Drive Dunedin, FL 34698, or to the email address provided by User (in the case of User). Notice shall be deemed given 24 hours after email is sent, unless sending party is notified that the email address is invalid. Alternatively, Company may give User notice by certified mail, postage prepaid and return receipt requested, to the address provided to Company during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.

17. No Agency. No agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by these Terms of Use and User does not have any authority to bind Company in any respect whatsoever.

18. Dispute Resolution. In the event a dispute arises, Company’s goal is to resolve the dispute as quickly, efficiently, and as cost-effective as possible. These Terms of Use shall be construed according to the laws of the State of Florida. The exclusive venue for any disputes arising out of or relating to these Terms of Use shall be the Sixth Judicial Circuit, Pinellas County, Florida or the Federal District Court, Middle District of Florida, Tampa Division. If any provision of these Terms of Use is deemed to be unenforceable, such unenforceability shall have no adverse affect on any other provision that provides a benefit to Company, and the unenforceable or invalid provision shall be limited to or eliminated to the minimum extent necessary so that these Terms of Use shall otherwise remain in full force and effect. The remedies provided in these Terms of Use shall be in addition to any legal or equitable remedies existing at law and shall not be construed as a limitation upon, or an alternative for any such remedies.

19. Attorney’s Fees. Company shall be entitled to recover its attorney’s fees and costs arising from or relating to any breach of these Terms of Use by User.

20. Miscellaneous. The failure of Company to exercise in any respect any right provided for herein shall not be deemed a waiver of that or any further rights hereunder. Company shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Company’s reasonable control, including, but not limited to, mechanical, electronic, or communications failure or degradation (including “line-noise” interference). User agrees that these Terms of Use are the complete and exclusive statement of the mutual understanding of User and the Company, and supersede all previous written and oral agreements, communications, and other understandings relating to the subject matter of these Terms of Use.

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East Coast Medical Supply, Inc. is a BBB Accredited Medical Equipment Supplier in Clearwater, FL