This Site is offered and available to users who are at least 18 years of age or older. By using this Site, you represent and warrant that you are of legal age to form a binding contract with Patriot and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Site.
No Medical or Health Care Advice
THE SITE AND THE SERVICES OR PRODUCTS OFFERED ON OR THROUGH THE SITE DO NOT PROVIDE PROFESSIONAL MEDICAL OR OTHER PROFESSIONAL HEALTH CARE ADVICE. NO CONTENT ASSOCIATED WITH THE SITE AND THE SERVICES OR PRODUCTS OFFERED ON OR THROUGH THE SITE SHOULD BE CONSTRUED AS OR USED AS A SUBSTITUTE OR REPLACEMENT FOR ANY FORM OF MEDICAL OR HEALTH CARE ADVICE, PROFESSIONAL SERVICES, OR RECOMMENDATIONS. THE SITE AND THE SERVICES OR PRODUCTS OFFERED ON OR THROUGH THE SITE ARE NOT INTENDED TO CONSTITUTE (I) THE PRACTICE OF MEDICINE OR THE PROVISION OF HEALTHCARE DIAGNOSIS OR TREATMENT, (II) THE CREATION OF A DOCTOR-PATIENT RELATIONSHIP, OR (III) AN ENDORSEMENT, RECOMMENDATION, OR SPONSORSHIP FOR ANY MEDICAL SERVICES.
Accessing the Site and Account Security
We reserve the right to withdraw or amend the Site and any services or products offered on or through the Site, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Site or any services or products offered on or through the Site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Site or certain services or products offered on or through the Site, to users, including registered users.
You are responsible for:
- Making all arrangements necessary for you to have access to the Site and any services or products offered on or through the Site.
If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Site or any services or products offered on or through the Site using your user name, password or other security information. You agree to Contact Us immediately of any unauthorized access to or use of your user name or password or any other breach of security. 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.
Intellectual Property Rights
The Site and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof) (collectively “Materials”) and any services or products offered on or through the Site, are owned by Patriot, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. Unless otherwise specified herein, all information and screens appearing on this Site, including documents, services, site design, text, graphics, logos, images and icons, as well as the arrangement thereof, are the sole property of Patriot. All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or license.
Certain areas of the Site (e.g. blogs, chat rooms or customer ratings and review areas) may permit you to submit feedback information, data, text, software, messages, or other materials (each, a “User Submission”). You agree that you are solely responsible for all of your User submissions and that any such User Submission is considered both non-confidential and non-proprietary. Further, we do not guarantee that you will be able to edit or delete any User Submission you have submitted.
By submitting any User Submission, you are agreeing that:
- You have paid and will pay in full all license fees, clearance fees, and other financial obligations, of any kind, arising from any use or commercial exploitation of your User Submissions;
- You voluntarily agree to waive all “moral rights” that you may have in your User Submission;
- Any information contained in your User Submission is not known by you to be false, inaccurate, or misleading;
- Your User Submission does not violate any law (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination, or false advertising);
- You were not and will not be compensated or granted any consideration by any third party for submitting your User Submission;
- Your User Submission does not incorporate materials from a third-party website, or addresses, email addresses, contact information, or phone numbers (other than your own);
- Your User Submission does not contain any viruses, worms, spyware, adware, or other potentially damaging programs or files; and
- Your User Submission does not contain any information that you consider confidential, proprietary, or personal.
By submitting a User Submission, you grant to us an irrevocable, perpetual, transferable, non-exclusive, fully-paid, worldwide, royalty-free license (sublicensable through multiple tiers) to:
- Use, distribute, reproduce, modify, adapt, publish, translate, publicly perform, and publicly display your User Submissions (or any modification thereto), in whole or in part, in any format or medium now known or later developed;
- Use (and permit others to use) your User Submission in any manner and for any purpose (including, without limitation, commercial purposes) that we deem appropriate in our sole discretion (including, without limitation, to incorporate your User Submission or any modification thereto, in whole or in part, into any technology, product, or service);
- Display advertisements in connection with your User Submissions and to use your User Submissions for advertising and promotional purposes.
We may, but are not obligated to, pre-screen User Submissions or monitor any area of the Site through which User Submissions may be submitted. We are not required to host, display, or distribute any User Submissions on or through this Site and may remove at any time or refuse any User Submissions for any reason. We are not responsible for any loss, theft, or damage of any kind to any User Submissions. Further, you agree that we may freely disclose your User Submission to any third party absent any obligation of confidential treatment on the part of the recipient.
By using and making purchases of products offered on or through the Site, you consent to receiving electronic communications from Patriot. These electronic communications may include notices about applicable fees and charges, transactional information and other information concerning or related to the Site and any services or products offered on or through the Site. These electronic communications are part of your relationship with Patriot. You agree that any notices, agreements, disclosures or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing.
- 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 send, knowingly receive, upload, download, use or re-use any material which:
- Contains any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
- Promotes sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
- Infringes any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
- Is likely to deceive any person.
- Promotes any illegal activity, or advocates, promotes or assists any unlawful act.
- Causes annoyance, inconvenience or needless anxiety or is likely to upset, embarrass, alarm or annoy any other person.
- Impersonates any person, or misrepresents your identity or affiliation with any person or organization.
- Involves commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.
- Gives the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
- To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.
- To impersonate or attempt to impersonate Patriot, a Patriot employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).
- Upload any information comprised of “Protected Health Information” subject to and defined by the Health Insurance Portability and Accountability Act.
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site or any services or products offered on or through the Site, or which, as determined by us, may harm Patriot or users of the Site or any services or products offered on or through the Site or expose them to liability.
Additionally, you agree not to:
- Use the Site or any services or products offered on or through 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 or any services or products offered on or through the Site, including their ability to engage in real time activities through the Site or any services or products offered on or through the Site.
- Use any robot, spider, scraper, or other automatic device, process or means to access the Site or any services or products offered on or through the Site for any purpose, including monitoring or copying any of the material on the Site or any services or products offered on or through the Site.
- Use any manual process to monitor or copy any of the material on the Site or any services or products offered on or through 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 or any services or products offered on or through the Site.
- Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Site or any services or products offered on or through the Site, the server on which the Site or any services or products offered on or through the Site is stored, or any server, computer or database connected to the Site or any services or products offered on or through the Site.
- Attack the Site or any services or products offered on or through 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 or any services or products offered on or through the Site.
Patriot may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at Patriot’s discretion, Patriot will cooperate with law enforcement agencies in any investigations of alleged illegal activity on this Site or on the internet.
You agree to indemnify and hold Patriot and its officers, directors, employees, affiliates, agents, licensors, and business partners harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys’ fees and costs of defense) Patriot or any other indemnified party suffers in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third-party that your use of this Site violates any applicable law or regulation, or the copyrights, trademark rights, or other rights of any third-party.
Information About You and Your Visits to the Site
Links to Third-Party Sites
We reserve the right to charge a fee for any products or services offered on or through the Site and may change any such fees at any time. Failure to pay any such fees may result in, among other things, immediate termination of any products or services offered on or through the Site or our exercise of any other rights available to us at law or in equity.
Patriot controls and operates this Site from its headquarters in the United States of America and the products or services offered on or through the Site, as well as the Materials, may not be appropriate or available for use in other locations. We make no claims that the Site or any of its content or any services or products offered on or through the Site is accessible or appropriate outside of the United States of America. If you access the Site from outside the United States of America, you do so on your own initiative and are responsible for compliance with local laws.
Disclaimer of Warranties
Your use of this Site, Materials, and any products or services offered on or through the Site, is at your own risk. The Materials have not been verified or authenticated in whole or in part by Patriot, and they may include inaccuracies or typographical or other errors. Patriot does not warrant the accuracy or timeliness of the Materials contained on this Site. Patriot has no liability for any errors or omissions in the Materials, whether provided by Patriot, our licensors, or supplier or other users.
PATRIOT, FOR ITSELF AND ITS LICENSORS, MAKES NO EXPRESS, IMPLIED OR STATUTORY REPRESENTATIONS, WARRANTIES, OR GUARANTEES IN CONNECTION WITH THIS SITE, THE SERVICES AND PRODUCTS OFFERED THROUGH THIS SITE, OR ANY MATERIALS RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS SITE, INCLUDING WITHOUT LIMITATION THE MATERIALS. UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THIS SITE, THE SERVICES AND PRODUCTS OFFERED THROUGH THIS SITE, AND THE MATERIALS, AND ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS SITE IS PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” AND “WHERE-IS” BASIS WITH NO WARRANTY OF IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. PATRIOT DOES NOT PROVIDE ANY WARRANTIES AGAINST VIRUSES, SPYWARE OR MALWARE THAT MAY BE INSTALLED ON YOUR COMPUTER.
Limitation on Liability and Damages
Dispute Resolution and Arbitration; Class Action Waiver
Please read the following (this “Provision”) carefully. It affects your rights.
Most customer concerns can be resolved quickly and to a customer’s satisfaction by Contacting Us. This Provision facilitates the prompt and efficient resolution of any disputes that may arise between you and Patriot. Arbitration is a form of private dispute resolution in which persons with a dispute waive their rights to file a lawsuit, to proceed in court and to a jury trial, and instead submit their disputes to a neutral third person (or arbitrator) for a binding decision. You have the right to opt-out of this Provision (as explained below), which means you would retain your right to litigate your disputes in a court, either before a judge or jury.
Please read this Provision carefully. It provides that all Disputes between you and Patriot shall be resolved by binding arbitration. Arbitration replaces the right to go to court. In the absence of this arbitration agreement, you may otherwise have a right or opportunity to bring claims in a court, before a judge or jury, and/or to participate in or be represented in a case filed in court by others (including, but not limited to, class actions). Except as otherwise provided, entering into these Terms constitutes a waiver of your right to litigate claims and all opportunity to be heard by a judge or jury. There is no judge or jury in arbitration, and court review of an arbitration award is limited. The arbitrator must follow these terms and can award the same damages and relief as a court (including attorney’s fees).
For the purpose of this Provision, “Patriot” means Patriot Medical Devices, LLC and its parents, subsidiary, and affiliate companies, and each of their respective officers, directors, employees, and agents. The term “Dispute” means any dispute, claim, or controversy between you and Patriot regarding, arising out of or relating to any aspect of your relationship with Patriot, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, or negligence), or any other legal or equitable cause of action or claim for relief, and includes the validity, enforceability or scope of this Provision (with the exception of the enforceability of the Class Action Waiver clause below). “Dispute” is to be given the broadest possible meaning that will be enforced, and shall include any claims against other parties relating to services or products provided or billed to you (such as Patriot’s licensors, suppliers, dealers or third-party vendors) whenever you also assert claims against us in the same proceeding.
WE EACH AGREE THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL DISPUTES, AS DEFINED ABOVE, WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT IN ACCORDANCE WITH THIS PROVISION.
Pre-Arbitration Claim Resolution
For all Disputes, whether pursued in court or arbitration, you must first give Patriot an opportunity to resolve the Dispute. You must commence this process by e-mailing or mailing through 1st class mail, written notification to the addresses set forth in our Contact Information provided below. That written notification must include (1) your name, (2) your address, (3) a written description of your Claim, and (4) a description of the specific relief you seek. If Patriot does not resolve the Dispute within 60 days after it receives your written notification, you may pursue your Dispute in arbitration. You may pursue your Dispute in a court only under the circumstances described below.
Exclusions from Arbitration/Right to Opt Out
Notwithstanding the above, you or Patriot may choose to pursue a Dispute in court and not by arbitration if (a) the Dispute qualifies, it may be initiated in small claims court; or (b) YOU OPT-OUT OF THESE ARBITRATION PROCEDURES WITHIN 30 DAYS FROM THE DATE THAT YOU FIRST CONSENT TO THESE TERMS (the “Opt-Out Deadline”). You may opt out of this Provision by e-mailing or mailing through 1st class mail, written notification to the addresses set forth in our Contact Information provided below. Your written notification must include (1) your name, (2) your address, and (3) a clear statement that you do not wish to resolve disputes with Patriot through arbitration. Your decision to opt-out of this Arbitration Provision will have no adverse effect on your relationship with Patriot. Any opt-out request received after the Opt-Out Deadline will not be valid and you must pursue your Dispute in arbitration or small claims court.
If this Provision applies and the Dispute is not resolved as provided above (Pre-Arbitration Claim Resolution) either you or Patriot may initiate arbitration proceedings. The American Arbitration Association (“AAA”), www.adr.org, or JAMS, www.jamsadr.com, will arbitrate all Disputes, and the arbitration will be conducted before a single arbitrator. The arbitration shall be commenced as an individual arbitration only, and shall in no event be commenced as a class arbitration or a consolidated or representative action or arbitration. All issues shall be for the arbitrator to decide, including the scope of this Provision.
For arbitration before AAA, for Disputes of less than $75,000, the AAA’s Supplementary Procedures for Consumer-Related Disputes will apply; for Disputes involving $75,000 or more, the AAA’s Commercial Arbitration Rules will apply. In either instance, the AAA’s Optional Rules For Emergency Measures Of Protection shall apply. The AAA rules are available at www.adr.org or by calling 1-800-778-7879. For arbitration before JAMS, the JAMS Comprehensive Arbitration Rules & Procedures and the JAMS Recommended Arbitration Discovery Protocols For Domestic, Commercial Cases will apply. The JAMS rules are available at www.jamsadr.com or by calling 1-800-352-5267. This Provision governs in the event it conflicts with the applicable arbitration rules. Under no circumstances will class action or representative action procedures or rules apply to the arbitration.
Arbitration Award – The arbitrator may award on an individual basis any relief that would be available pursuant to applicable, and will not have the power to award relief to, against or for the benefit of any person who is not a party to the proceeding. The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party or if required by applicable law. Such award will be final and binding on the parties, except for any right of appeal provided by the FAA or other applicable law, and may be entered in any court having jurisdiction over the parties for purposes of enforcement.
Payment of Arbitration Fees and Costs – The prevailing party to the arbitration shall be entitled to recover from the other party all reasonable costs and expenses of the arbitration, including attorneys’ fees and costs, filing fees, court reporter costs, expert witness fees, and all other arbitration costs and expenses.
Class Action Waiver
Except as otherwise provided in this Provision, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action, representative action, or private attorney general action) unless both you and Patriot specifically agree to do so in writing following initiation of the arbitration. If you choose to pursue your Dispute in court by opting out of the Arbitration Provision, as specified above, this Class Action Waiver will not apply to you. Neither you, nor any other user of the Site can be a class representative, class member, or otherwise participate in a class, consolidated, or representative proceeding without having complied with the opt-out requirements above.
If any clause within this Provision (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from this Provision, and the remainder of this Provision will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, this entire Provision will be unenforceable and the Dispute will be decided by a court.
Waiver, Severability, and Entire Agreement
If you send or transmit any communications, comments, questions, suggestions, or related materials to us, whether by letter, email, telephone, or otherwise (collectively, “Feedback”), suggesting or recommending changes to the Site or any services or products offered through the Site, all such Feedback is, and will be treated as, non-confidential and non-proprietary. Except as prohibited by applicable law, you hereby assign all right, title, and interest in such Feedback to us, and we are free to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Feedback, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Feedback. Where the foregoing assignment is prohibited by law, you hereby grant Us an exclusive, transferable, worldwide, royalty-free, fully paid up license (including the right to sublicense) to use and exploit all Feedback as We may determine in our sole discretion. You understand and agree that we are not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and you have no right to compel such use, display, reproduction, or distribution.
California Consumer Notice
Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: This Site is provided by Patriot Medical Devices, LLC. If you have purchased anything from the Site, a description of what you have purchased and relevant pricing information are posted as part of the ordering process for this Site (please consult your individual purchase confirmation e-mail for the charges you incurred). If you have a question or complaint regarding the Site, please Contact Us. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by post at 1625 North Market Blvd., Sacramento, CA 95834 or by telephone at (916) 445-1254 or (800) 952-5210 or TDD (800) 326-2297 or TDD (916) 322-1700.
If you have any questions, feedback, comments, requests for technical support and other communications relating to the Site or any services or products offered on or through the Site, please Contact Us.
We can also be reached at the following:
Patriot Medical Devices
1823 Rust Avenue, Cape Girardeau, MO 63703
Phone Number: 949-954-0703
Email: [email protected]
Thank you for visiting the Site.