Sell Hospital Equipment - Sell Medical Supplies

Terms of Service (TOS)

This Terms of Service Agreement ("TOS") describes the terms and conditions applicable to your use of our services at MEDmarketplace.com, Inc. If you do not understand or agree with any part of the rules outlined in this TOS, please do not use MEDmarketplace.com services or submit offers for items listed on MEDmarketplace.com. Do not use MEDmarketplace.com services or submit any offers to MEDmarketplace.com until all questions and concerns have been answered to your satisfaction and you agree to abide by the TOS. If you have any questions please contact us using the form located at www.medmarketplace.com/ContactUs.aspx.

1. MEDmarketplace.com provides a variety of services (the "Services") to businesses buying and selling medical equipment. Any new features added to this site to augment the Services shall also be subject to this TOS, as modified from time to time. The most current version of the TOS can be obtained at www.medmarketplace.com/TermsOfService.aspx.

2. Information Accuracy. MEDmarketplace.com requires users to register or enter personal information before entering into a transaction or making an offer. Nonetheless, because there are limits to MEDmarketplace.com's ability to verify information provided, MEDmarketplace.com cannot guarantee its accuracy, nor can MEDmarketplace.com warrant that users of MEDmarketplace.com are who they represent themselves to be. Users of this service should take the same precautions in selling and buying as they would with other purchases.

3. User Responsibilities. If you are a user of our Services, in partial consideration of your use of the Services, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the MEDmarketplace.com registration forms (b) maintain and promptly update information regarding the location and contact information for your business.

If you provide any information that is untrue, inaccurate, not current or incomplete, or MEDmarketplace.com has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, MEDmarketplace.com has the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof). In the event MEDmarketplace.com suspends an account for violations of this TOS or the violation or suspected violation of any state or federal law, no refund of any fees collected or other remedies will be given.

Participating in any transaction with or on MEDmarketplace.com constitutes acceptance of these Terms of Service, a legal contract between you and MEDmarketplace.com, Inc. By participating in any way with MEDmarketplace.com, you represent and warrant that you have the right, authority and capacity to enter into this agreement and to abide by all its terms and conditions, just as if you had signed it.

You are solely responsible for your actions through this Web site. You are responsible for ensuring that your participation in no way violates any applicable state or federal laws or regulations. You are not eligible to participate in any way with MEDmarketplace.com if you are permanently or temporarily not able to enter into a legally binding contract.

4. Arrange to Buy Transactions. As the buyer or seller of a product, you agree to contact the other party within 72 hours of notification of an Arrange To Buy request to make final closing arrangements.

Items/lots may be offered subject to a reserve price without notice to the buyers. Once offers exceed the reserve price, items/lots will be sold to the highest offerer. The rules, offer progression, and valid offer advances will be regulated at the sole discretion of MEDmarketplace.com. MEDmarketplace.com reserves the right not to acknowledge or accept any offer which is merely a fractional advance over the preceding offer, or to refuse any offer for any reason. MEDmarketplace.com retains the right to reject all offers and remove a listed item/lot from the Web site without a completed sale transaction for any reason and without prior notice.

MEDmarketplace.com, Inc. is in no way responsible for closing any transaction (i.e., payment arrangement and product shipment). The buyer and the seller are contractually bound and solely responsible for completion of the transaction. MEDmarketplace.com bears no responsibility to close the transaction or to ensure the condition of the merchandise.

If, for some reason, the transaction does not close, MEDmarketplace.com will not refund the seller's fees. Users who do not complete a transaction, for example a buyer who does not pay for a purchase or a seller who does not transfer the product to the buyer, will have their membership in MEDmarketplace.com indefinitely revoked.

MEDmarketplace.com suggests that you take the proper precautions in insuring that your transaction is handled in a safe and secure manor. We suggest that you use certified checks, wire transfer or Iescrow for larger transactions for payments, and use Square Trade as an impartial mediator. Additionally, sellers should always use a shipper that provides tracking and requires signatures of the buyer at delivery.

5. Items Requiring a Prescription. MEDmarketplace.com is an electronic medium in which buyers and sellers of medical equipment interact. It is the responsibility of the seller and the buyer not to violate any federal and state laws by selling products that require a prescription. If selling an item requiring a prescription, it is the seller's responsibility to comply with all federal and state laws.

6. Security. You will enter your email address and create a password when completing the MEDmarketplace.com registration process. This email address and password will be unique to you and will be your electronic signature on MEDmarketplace.com. You must respond according to instructions in an email sent to that email address for the registration process to be fully completed.

You are responsible for maintaining the confidentiality of your password and account, and are fully responsible for all activities that occur under your password or account. You agree to: (a) immediately notify us of any unauthorized use of your password or account or any other breach of security by using the form located at www.medmarketplace.com/ContactUs.aspx (b) ensure that you log out from your account at the end of each session.

MEDmarketplace.com will capture and store the IP address of your Internet connection for all Offers made on the site in order to positively identify you in the event of fraud or other inappropriate activity. This may be disclosed to appropriate law enforcement officials as necessary but will not be disclosed publically.

MEDmarketplace.com cannot and will not be liable for any loss or damage arising from your failure to comply with this Section and TOS Agreement.

7. Fees. MEDmarketplace.com charges fees for some of its services. These fees include either annual or monthly recurring fees or fees based on equipment selling prices for Sell-It! Showcases (electronic online stores containing multiple product listings) and other products .

If required for monthly recurring billing or annual billing, you are responsible for ensuring that MEDmarketplace.com at all times has valid and unexpired credit card information or valid and correct electronic check debiting information. You can update this information after logging into the MEDmarketplace.com Web site from your My Accounts page. Do not remove your billing information (credit card numbers, electronic check information, etc.), because your Sell-It! Showcase then will become inactive and not visible on the MEDmarketplace.com Web site. All billing information is securely transmitted through 128-bit SSQL encryption, which is certified by Verisign.

If monthly renewal fees or annual renewal fees are declined by your credit card processor or your bank, and we are unable to obtain corrected information from you within 5 business days, all MEDmarketplace.com services, including product listings within a Sell-It! Showcase, will be removed from the Web site without further notice.

We may change our fees for our services from time to time without notice. We will notify you if fees are changed for services you are purchasing from MEDmarketplace.com by electronic mail. However, we may choose to temporarily change our Fees for our services for promotional events and such changes are effective when we post the temporary promotional event on the MEDmarketplace.com Web site.

We may in our sole discretion change some or all of our services at any time. In the event we introduce a new service, the Fees for that service are effective at the launch of the service. Unless otherwise stated, all Fees are quoted in U.S. Dollars. You are responsible for paying all Fees associated with using our service and our Web site and all applicable taxes, if any.

MEDmarketplace.com reserves the right and sole discretion to cancel your services (including Sell-It! Showcases) at any time for any reason. If MEDmarketplace.com elects to cancel your services for any reason before the end of your billing period, you will not receive any refund for any unused portion of service.

8. Annual Fees. For services purchased from MEDmarketplace.com with an initial annual payment arrangement, annual renewal fees for the next year will be automatically charged to your credit card account or debited from your bank account as an electronic check at the end of the first year and subsequent years.

Annual fees and annual renewal fees are not refundable. At least five (5) days before the end of each one year period, you must cancel your Sell-It! Showcase service on the MEDmarketplace.com Web site to avoid automatic renewal of these services.

9. Monthly Fees. For Sell-It! Showcase services purchased from MEDmarketplace.com with monthly recurring fees, monthly renewal fees will be automatically charged to your credit card account or debited from your bank account as an electronic check each month.

Monthly fees and monthly renewal fees are not refundable. At least five (5) days before the end of a monthly period, you must cancel your Sell-It! Showcase service on the MEDmarketplace.com Web site to avoid automatic renewal of these services.

10. Billing. MEDmarketplace.com may, in its discretion and with its prior approval, provide invoicing to large organizations for payment of initial annual or monthly fees and for payment of renewal annual or monthly fees.

Invoices will be generated and sent by electronic mail fifteen (15) days before the Fee due date. Payment must be received by MEDmarketplace.com by credit card, electronic check or paper check no later than the due date.

Annual or monthly fees and annual or monthly renewal fees are not refundable. At least twenty (20) days before the end of an annual or monthly period, you must notify MEDmarketplace.com of your intention to not continue with your Sell-It! Showcase service to avoid automatic re-invoicing and renewal of these services.

If invoiced payments made by credit card or electronic check are declined by your credit card processor or your bank, and we are unable to obtain corrected information from you within five (5) business days, all MEDmarketplace.com services, including product listings within a Sell-It! Showcase, will be removed from the Web site without further notice.

If invoiced payments made by paper check are not received within five (5) days of the due date or the paper check is declined by your bank, and we are unable to obtain corrected information from you within five (5) business days, all MEDmarketplace.com services, including product listings within a Sell-It! Showcase, will be removed from the Web site without further notice.

11. Limits on Use. You may not decompile, reverse engineer, disassemble, rent, lease, loan, sublicense, create derivative works from MEDmarketplace.com, which includes the information and software made available therein. You may not copy, modify, reproduce, republish, distribute, transmit or use for commercial or public purposes information provider by MEDmarketplace.com except to the extent required in order for you to use MEDmarketplace.com in the manner expressly intended by MEDmarketplace.com.

12. Intellectual Property. Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs, video clips, and written and other materials that are part of the MEDmarketplace.com Web site are copyrights, trademarks, trade dress and/or other intellectual properties owned, controlled or licensed by MEDmarketplace.com. Information, images, pictures and descriptions posted by users ("User Information") may or may not be subject to copyright or other rights of third parties.

By uploading data (such as a product description) or an image (such as a company logo or a product image) to MEDmarketplace.com, you hereby certify that you hold the right to use the data or image. In the event that you do not hold the legal right to the data or image, you agree to assume all legal responsibility for placing it on the MEDmarketplace.com Web site. Any extending liabilities concerning improperly used data or images shall be borne by you, not MEDmarketplace.com.

By uploading product data (including a product description) or product image to MEDmarketplace.com, you hereby grant MEDmarketplace.com a nonexclusive, fully paid up, royalty free, irrevocable right to use such data or images for future purposes.

You hereby grant MEDmarketplace.com a nonexclusive, fully paid up, royalty free, irrevocable right to utilize your User Information solely for the purposes intended herein.

Users are fully and solely responsible for the materials they post, and MEDmarketplace.com is not responsible for their content. Please ensure that any materials posted to MEDmarketplace.com comply with all applicable state and Federal laws. MEDmarketplace.com reserves the right to remove without notice any materials it has reason to believe or suspect may violate copyright or other laws.

No material from this Web site may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except as otherwise explicitly permitted herein. Modification of the materials or use of the materials for any other purpose is a violation of MEDmarketplace.com's copyright and other proprietary rights. For purposes of these terms, the use of any such material on any other Web site or networked computer environment is prohibited, except as otherwise permitted herein.

All trademarks, service marks, and trade names are proprietary to MEDmarketplace.com. You may not copy or adapt the HTML code or other scripts that MEDmarketplace.com creates to generate its pages. They are also protected by MEDmarketplace.com's copyright.

13. Outside Links. There is not necessarily a relationship between MEDmarketplace.com and the owners of any Web sites accessible through hyperlinks in MEDmarketplace.com and those owners and their licensees retain all right, title, interest in (including all copyrights and other intellectual property rights) and responsibility for such third party Web sites and the materials available therein.

14. Privacy. MEDmarketplace.com does not sell, lease, lend or give away information about its customers to third parties, however, it reserves the right to do so in the future. In the event MEDmarketplace.com elects to transfer customer information to a third party in the future, MEDmarketplace.com will first inform you of its intention by email and give you an opportunity to opt-out of any such use. Notwithstanding the above, MEDmarketplace.com reserves the right to reveal information regarding customers in response to inquiries from law enforcement personnel or other legal enquiry without notice to you upon receipt of a proper request, such as a warrant or subpoena.

15. Links to MEDmarketplace. You may provide hyperlinks to MEDmarketplace.com from locations outside MEDmarketplace.com provided: (a) you do not remove or obscure, by framing or otherwise, advertisements, the copyright notice or other notices in MEDmarketplace.com (b) you give MEDmarketplace.com notice of such link by contacting us via the form at www.medmarketplace.com/ContactUs.aspx (c) you discontinue providing hyperlinks to MEDmarketplace.com if notified by MEDmarketplace.com, Inc.

16. Third Party Advertising. We may use third-party advertising companies to serve ads when you visit our Web site. These companies may use information (not including your name, address, email address or telephone number) about your visits to this and other Web sites in order to provide advertisements on this site and other sites about goods and services that may be of interest to you.

17. Third Party Cookies. In the course of serving advertisements to this site, our third-party advertiser may place or recognize a unique cookie associated with your browser.

18. Fraud. Without limiting any other remedies, MEDmarketplace.com may suspend or terminate your account if you are found (by conviction, settlement or otherwise) to have engaged in fraudulent activity in connection with our site. Fraud includes but is not limited to listing multiple items in a single Individual Listing.

19. User Representations, Warranties and Indemnity. You warrant and represent that the information you provide about yourself and the goods you offer on MEDmarketplace.com is true, accurate, current, and complete, and complies with all applicable state and federal laws. You agree to indemnify and hold harmless MEDmarketplace.com for any claim including damages, costs and reasonable attorneys' fees incurred by MEDmarketplace.com arising from a breach of the foregoing warranties and representations or any breach of this TOS.

Model/Serial numbers, descriptions, quantities, and other identifiers are believed to be accurate. However, MEDmarketplace.com is not responsible or liable for any inaccuracies, discrepancies, or errors in such information. Buyers are responsible for confirming the accuracy and integrity of this information prior to delivering payment. Payment must be delivered prior to removing any items purchased. All sales are "as is". Once a sale transaction is complete, it is final, non-refundable, and non-negotiable.

20. Businesses that user MEDmarketplace.com services are bound by the specific terms and conditions noted in their signed Service Agreement and the Group Purchasing Organization contract under which they secure services, if applicable.

21. Disclaimer of Warranties. MEDmarketplace.com endeavors to provide excellent and accurate services. Nonetheless, you expressly understand and agree that: (a) YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. MEDMARKETPLACE.COM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT (b) MEDMARKETPLACE.COM MAKES NO WARRANTY THAT: (i) THE SERVICES WILL MEET YOUR REQUIREMENTS (ii) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SERVICES WILL BE CORRECTED (c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. (d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MEDMARKETPLACE.COM OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS TOS (e) MEDMARKETPLACE.COM MAKES NO REPRESENTATION OR WARRANTY AS TO THE IDENTITY, RELAIBILITY OR TRUSTWORTHINESS OF ANY PERSON USING THIS SITE. (f) MEDMARKETPLACE.COM MAKES NO WARRANTY THAT ANY GOOD PURCHASED USING THE SERVICES SHALL BE FIT FOR ANY PARTICULAR PURPOSE OR MERCHANTABLE, OR ANY OTHER WARRANTY REGARDING THE GOODS, EXPRESS OR IMPLIED. THIS DISCLAIMER DOES NOT AFFECT ANY REPRESENTATIONS AND WARRANTIES THAT MAY BE MADE BY SELLERS OR BUYERS AS PART OF A SALES TRANSACTION, BUT IN NO EVENT SHALL SUCH REPRESENTATIONS AND WARRANTIES BE ENFORCABLE AGAINST MEDMARKETPLACE.COM.

22. Limitation of Liability. YOU EXPRESSLY UNDERSTAND AND AGREE THAT MEDMARKETPLACE.COM SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, INJURY, DEATH, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF MEDMARKETPLACE.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE SERVICES OR ANY GOOD PURCHASED USING THE SERVICES (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA (d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES (e) ANY OTHER MATTER RELATING TO THE SERVICES. NOTWITHSTANDING THE ABOVE, MEDMARKETPLACE.COM'S TOTAL LIABILITY FOR ANY DAMAGES SHALL BE LIMITED TO THE GREATER OF THE TOTAL FEES PAID BY THE CUSTOMER TO MEDMARKETPLACE.COM FOR SERVICES OVER THE PRECEEDING SIX (6) MONTHS, OR ONE HUNDRED DOLLARS ($100.00).

23. Exclusions and Limitations. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

24. Venue and Choice of Law. These terms shall be governed by and construed in accordance with the laws of the State of Florida. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the state or federal courts located in Broward County, Florida and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between us relating to the subject matter herein and shall not be modified except in writing, signed by both parties.

25. Arbitration. You agree that any dispute arising from this TOS or from the use of the Services shall be submitted for binding arbitration before JAMS or a similar organization, to take place in Broward County, Florida, applying the laws of the State of Florida.

26. Additional Terms. This TOS may not be changed, amended or modified except by MEDmarketplace.com. Furthermore, MEDmarketplace.com may change this TOS at any time, for any reason, without prior notification. Please check this site frequently for updates.

Revised November 1, 2010