Online Order Return Policy

Due to the nature of the products offered and in dealing with the ongoing situations brought about by COVID-19, Patriot Medical Devices is unable to accept returns at this time. However, if there are any issues with your product upon receiving it, please reach out to us through our Contact Us page. Your satisfaction with your order is our top priority, and our support team is ready to answer any questions or concerns you may have upon receiving your order. If your order arrives damaged or tampered with, upon receiving the order please reach out and we will quickly replace your order at no extra cost to you. 

Terms of Use Policy

Please read the Terms of Use carefully before you start to use the site and any services or products offered on or through the Patriot Medical Devices website. By using the site, you accept and agree to abide by these Terms of Use. If you do not agree to these Terms of Use, you must not access or otherwise use the site or any information contained on the site. 

Please click the button below to review the Terms of Use Policy.

Data Privacy Policy

Patriot Medical Devices, LLC, including its subsidiaries and affiliates respects the privacy of its users and is committed to protecting it through our compliance with this Privacy Policy. This Privacy Policy explains how Patriot Medical Devices collects, uses, discloses, and safeguards your information when you visit our website including any other media form, media channel, or mobile website. 

Please click the button below to review the Data Privacy Policy.

Terms of Use Policy

Acceptance of the Terms of Use

Welcome to the website of Patriot Medical Devices, LLC, a Delaware limited liability company (“Patriot”“we” or “us”).  The following terms and conditions, together with any documents incorporated by reference herein (collectively, these “Terms of Use”), are a legal contract between you and Patriot, and govern your access to and use of our website Patriot Medical Devices, (collectively, the “Site”), including any content, functionality and services or products offered on or through the Site, whether as a guest or a registered user.  These Terms of Use shall apply to any person (including any therapist, doctor, nurse, teacher or other professional) who guides and assists a user on the Site or with respect to any services or products offered on or through the Site.

NOTE: THESE TERMS CONTAIN DISPUTE RESOLUTION AND ARBITRATION; CLASS ACTION WAIVER THAT AFFECTS YOUR RIGHTS UNDER THESE TERMS OF USE AND WITH RESPECT TO DISPUTES YOU MAY HAVE WITH PATRIOT.  YOU MAY OPT OUT OF THE BINDING INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER AS PROVIDED BELOW.

Please read the Terms of Use carefully before you start to use the Site and any services or products offered on or through the Site.  By using the Site, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at Patriot Medical Devices (the “Privacy Policy”), incorporated herein by reference.  If you do not agree to these Terms of Use or the Privacy Policy, you must not access or otherwise use the Site or any information contained on the Site.

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.

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Site and any services or products offered on or through the Site thereafter. Your continued use of the Site and any services or products offered on or through the Site following the posting of revised Terms of Use means that you accept and agree to the changes.  It is your responsibility to check this page periodically so you are aware of any changes, as they are binding on you.  If you do not agree with any of the updated Terms of Use, you must stop using the Site.

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.
  • Ensuring that all persons who access the Site and any services or products offered on or through the Site through your internet connection are aware of these Terms of Use and comply with them.

To access the Site or some or all of the services or products offered on or through the Site, you may be asked to provide certain registration details or other information.  It is a condition of your use of the Site and any such services or products offered on or through the Site that all the information you provide to us is correct, current and complete.  You agree that all information you provide to us register with the Site, any service or product or otherwise, including but not limited to through the use of any interactive features on the Site or any services or products offered on or through the Site, is governed by the Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

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.

We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including, without limitation, if, in our opinion, you have violated any provision of these Terms of Use.

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.

You have no rights in the Site and you must not reproduce, copy, distribute, modify, create derivative works of, reverse engineer, publicly display, publicly perform, republish, download, delete or alter any proprietary rights notices from copies of Materials from this Site, store, transmit, or in any way exploit any of the material on the Site or any services or products offered on or through the Site.  If you breach any of the Terms of Use, the above license will automatically terminate, and you must immediately destroy any downloaded or printed Materials.  If you wish to make any use of the Materials on the Site or any services or products offered on or through the Site other than that set out in this section, please address your request to Contact Us.

Submissions

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 own all rights in your User Submissions (including, without limitation, all rights to the reproduction and display of your User Submissions) or, alternatively, you have acquired all necessary rights in your User Submissions to enable you to grant to us the rights in your User Submissions as described in these Terms of Use;
  • 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.

Electronic Communications

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.

Prohibited Uses

You may use the Site and any services or products offered on or through the Site only for lawful purposes and in accordance with these Terms of Use.  You agree not to use the Site and any services or products offered on or through the Site in any of the following ways, which is a list of examples only, and is not a complete list or exclusive:

  • 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.
    • Violates the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy
    • 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

All information we collect on this Site is subject to our Privacy Policy.  By using the Site or any services or products offered on or through the Site, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Links to Third-Party Sites

This Site may be linked to other web sites that are not Patriot sites (“Third-Party Sites”).  Certain areas of the Site may allow you to interact with such Third-Party Sites, and, if applicable, allow you to configure your privacy settings in your Third-Party Site account to permit your activities on this Site to be shared with your contacts in your Third-Party Site account and, in certain situations, you may be transferred to a Third-Party Site through a link but it may appear that you are still on this Site.  In any case, you acknowledge and agree that the Third-Party Sites may have different privacy policies and terms and conditions and/or user guides and business practices than Patriot, and you further acknowledge and agree that your use of such Third-Party Sites is governed by the respective Third-Party Site privacy policy and terms and conditions and/or user guides.  You hereby agree to comply with any and all terms and conditions, users guides and privacy policies of any of Third-Party Sites.  Patriot is providing links to the Third-Party Sites to you as a convenience, and Patriot does not verify, make any representations or take responsibility for such Third-Party Sites, including, without limitation, the truthfulness, accuracy, quality or completeness of the content, services, links displayed and/or any other activities conducted on or through such Third-Party Sites.  YOU AGREE THAT PATRIOT WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY GOODS, SERVICES, INFORMATION, RESOURCES AND/OR CONTENT AVAILABLE ON OR THROUGH ANY THIRD-PARTY SITES AND/OR THIRD-PARTY DEALINGS OR COMMUNICATIONS, OR FOR ANY HARM RELATED THERETO, OR FOR ANY DAMAGES OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH YOUR USE OR RELIANCE ON THE CONTENT OR BUSINESS PRACTICES OF ANY THIRD-PARTY.

Fees

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.

Geographic Restrictions

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

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL PATRIOT, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, EQUITY HOLDERS, PARTNERS, MANAGERS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY SITES LINKED TO IT, THE MATERIALS, ANY CONTENT ON THE SITE OR SUCH OTHER SITES OR ANY SERVICES, PRODUCTS OR ITEMS OBTAINED THROUGH THE SITE OR SUCH OTHER SITES, INCLUDING ANY  INDIRECT, EXTRAORDINARY, EXEMPLARY, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, REVENUE, PROFITS, OR OTHER ECONOMIC ADVANTAGE, HOWEVER ARISING, EVEN IF PATRIOT KNOWS THERE IS A POSSIBILITY OF SUCH DAMAGE.  WITHOUT LIMITING THE FOREGOING LIMITATION OF LIABILITY, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN THE EVENT WE ARE FOUND LIABLE FOR DAMAGES TO YOU IN A COMPETENT LEGAL PROCEEDING, OUR AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OF USE, THE SITE, MATERIALS, OR ANY SERVICES OR PRODUCTS OFFERED ON OR THROUGH THE SITE IS LIMITED TO THE LESSER OF (A) ONE HUNDRED U.S. DOLLARS ($100) OR (B) THE AMOUNTS PAID TO US FOR THE PRODUCTS OR SERVICES THAT ARE THE BASIS OF THE CLAIM IN THE TWELVE (12) MONTHS PRECEDING THE DATE OF THE CLAIM.  ANY CLAIMS ARISING OUT OF OR RELATING TO THE SITE OR ANY SERVICES OR PRODUCTS OFFERED ON OR THROUGH THE SITE OR THESE TERMS OF USE MUST BE BROUGHT WITHIN ONE (1) YEAR AFTER THE CLAIM ARISES.

Indemnification

You agree to defend, indemnify and hold harmless Patriot, its affiliates, licensors and service providers, and its and their respective equity holders, partners, managers, officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Site or any services or products offered on or through the Site, including, but not limited to, your use of the Site’s content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Site or any services or products offered on or through the Site.

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.

Arbitration Procedures

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.

Because the Site and these Terms of Use concern interstate commerce, the Federal Arbitration Act (“FAA”) governs the arbitrability of all Disputes.  However, the arbitrator will apply applicable substantive law consistent with the FAA and the applicable statute of limitations or condition precedent to suit.

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.

Location of Arbitration – You or Patriot may initiate arbitration in the County of Cape Girardeau in the State of Missouri.  By signing and entering into the Terms of Use you hereby agree to waive any right you may have to arbitrate the Dispute in your home state.

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.

Jury Waiver

You understand and agree that by entering into these Terms of Use you and Patriot are each waiving the right to a jury trial or a trial before a judge in a public court.  In the absence of this Provision, you and Patriot might otherwise have had a right or opportunity to bring Disputes in a court, before a judge or jury, and/or to participate or be represented in a case filed in court by others (including class actions).  Except as otherwise provided below, those rights are waived.  Other rights that you would have if you went to court, such as the right to appeal and to certain types of discovery, may be more limited or may also be waived.

Severability

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.

Continuation

This Provision shall survive the termination of your service with Patriot or its affiliates.  Notwithstanding any provision in these Terms of Use to the contrary, we agree that if Patriot makes any change to this Provision (other than a change to the Notice Address), you may reject any such change and require Patriot to adhere to the present language in this Provision if a dispute between us arises.”

Waiver, Severability, and Entire Agreement

No waiver of by Patriot of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Patriot to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

These Terms of Use are the entire agreement between you and Patriot and supersede all prior or contemporaneous negotiations, discussions, or agreements between you and Patriot about this Site.  The proprietary rights, disclaimer of warranties, representations made by you, indemnities, limitations of liability, dispute resolution, arbitration, and class action waiver shall survive any termination of these Terms of Use.

Feedback

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.

CONTACT INFORMATION

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.

LAST UPDATED

The Terms of Use were last updated by Patriot Medical Devices, LLC, on September 9, 2020

Data Privacy Policy

INTRODUCTION

Patriot Medical Devices, LLC, including its subsidiaries and affiliates (collectively “Patriot”) respects the privacy of its users (“user” or “you”) and is committed to protecting it through our compliance with this Privacy Policy.

This Privacy Policy explains how Patriot collects, uses, discloses, and safeguards your information when you visit our website Patriot Medical Devices including any other media form, media channel, mobile website, or mobile application related or connected thereto (collectively, the “Site”).

Please read this Privacy Policy carefully. If you do not agree with the terms of this privacy policy, please do not access the Site. By accessing or using the Site, you agree to this Privacy Policy and our Terms of Service including its applicable limitations on damages and the resolution of disputes.  Patriot’s Terms of Service are incorporated by reference into this policy.

This policy does not apply to information collected by: Patriot offline or through any other means, including on any other website operated by Patriot or any third party; including through any third party application or content (including advertising) that may link to or be accessible from or on the Site.

COLLECTION OF YOUR INFORMATION

Patriot may collect information about you in a variety of ways, including information:

  • Directly from you when you provide it to us;
  • Automatically as you navigate through the Site via cookies and other tracking technologies; and
  • From third parties.

The information Patriot may collect on the Site includes:

Personal Data. Personally identifiable information, such as your name, shipping address, email address, and telephone number, and demographic information, such as your age, gender, hometown, and interests, that you voluntarily give to us when you register with the Site or choose to participate in various activities related to the Site, such as online chat and message boards. You are under no obligation to provide us with personal information of any kind, however your refusal to do so may prevent you from using certain features of the Site.

Derivative Data. Information our servers automatically collect when you access the Site, such as your IP address, your browser information, your operating system, your access times, and the pages you have viewed directly before and after accessing the Site. If you are using our mobile application, this information may also include your device name and type, your operating system, your phone number, your country, your likes and replies to a post, and other interactions with the application and other users via server log files, as well as any other information you choose to provide.

Financial Data. Financial information, such as data related to your payment method (e.g. valid credit card number, card brand, expiration date, security codes) that Patriot may collect when you purchase, order, return, exchange, or request information about Patriot’s services from the Site. Patriot stores only very limited, if any, financial information that Patriot collects. Otherwise, all financial information is stored by its payment processor(s), Amazon Payments, Google Pay, Paypal, Stripe, Apple Pay, WooCommerce, and you are encouraged to review their privacy policy and contact them directly for responses to your questions.

Mobile Device Data. Device information, such as your mobile device ID, model, and manufacturer, and information about the location of your device, if you access the Site from a mobile device.

. Information from third parties, such as personal information or network friends, if you connect your account to the third party and grant the Site permission to access this information.

Data From Contests, Giveaways, and Surveys. Personal and other information you may provide when entering contests or giveaways and/or responding to surveys.

USE OF YOUR INFORMATION

Having accurate information about you permits us to provide you with a smooth, efficient, and customized experience. Specifically, Patriot may use information collected about you via the Site to:

  • Administer sweepstakes, promotions, and contests.
  • Assist law enforcement and respond to subpoena.
  • Compile anonymous statistical data and analysis for use internally or with third parties.
  • Create and manage your account.
  • Deliver targeted advertising, coupons, newsletters, and other information regarding promotions and the Site to you.
  • Email you regarding your account or order.
  • Enable user-to-user communications.
  • Fulfill and manage purchases, orders, payments, and other transactions related to the Site.
  • Generate a personal profile about you to make future visits to the Site, more
  • Increase the efficiency and operation of the Site.
  • Monitor and analyze usage and trends to improve your experience with the Site.
  • Notify you of updates to the Site.
  • Offer new products, services, mobile applications, and/or recommendations to you.
  • Perform other business activities as needed.
  • Prevent fraudulent transactions, monitor against theft, and protect against criminal activity.
  • Process payments and refunds.
  • Request feedback and contact you about your use of the Site.
  • Resolve disputes and troubleshoot problems.
  • Respond to product and customer service requests.
  • Send you a newsletter.
  • Solicit support for the Site.

DISCLOSURE OF YOUR INFORMATION

Patriot may share information it has collected about you in certain situations. Your information may be disclosed as follows:

By Law or to Protect Rights

If Patriot believes the release of information about you is necessary to respond to legal process, to investigate or remedy potential violations of its policies, or to protect the rights, property, and safety of others, Patriot may share your information as permitted or required by any applicable law, rule, or regulation. This includes exchanging information with other entities for fraud protection and credit risk reduction.

Third-Party Service Providers

Patriot may share your information with third parties that perform services for us or on its behalf, including payment processing, data analysis, email delivery, hosting services, customer service, and marketing assistance.

Marketing Communications

With your consent, or with an opportunity for you to withdraw consent, Patriot may share your information with third parties for marketing purposes, as permitted by law.

Interactions with Other Users

If you interact with other users of the Site, those users may see your name, profile photo, and descriptions of your activity, including sending invitations to other users, chatting with other users, liking posts, following blogs.

Online Postings

When you post comments, contributions or other content to the Site, your posts may be viewed by all users and may be publicly distributed outside the Site in perpetuity.

Third-Party Advertisers

Patriot may use third-party advertising companies to serve ads when you visit the Site. These companies may use information about your visits to the Site and other websites that are contained in web cookies in order to provide advertisements about goods and services of interest to you.

Affiliates

Patriot may share your information with its affiliates, in which case Patriot will require those affiliates to honor this Privacy Policy. Affiliates include Patriot’s parent company and any subsidiaries, joint venture partners or other companies that Patriot controls or that are under common control with it.

Business Partners

Patriot may share your information with its business partners to offer you certain products, services or promotions.

Social Media Contacts

If you connect to the Site through a social network, your contacts on the social network will see your name, profile photo, and descriptions of your activity.

Other Third Parties

Patriot may share your information with advertisers and investors for the purpose of conducting general business analysis. Patriot may also share your information with such third parties for marketing purposes, as permitted by law.

Sale or Bankruptcy

If Patriot reorganize or sell all or a portion of its assets, undergo a merger, or are acquired by another entity, Patriot may transfer your information to the successor entity. If Patriot goes out of business or enters bankruptcy, your information would be an asset transferred or acquired by a third party. You acknowledge that such transfers may occur and that the transferee may decline honor commitments Patriot made in this Privacy Policy.

TRACKING TECHNOLOGIES

Patriot and its third party service providers may use cookies, web beacons, tracking pixels, and other tracking technologies on the Site to track information about your use of Patriot’s Site in order to help customize the Site and improve your experience. When you access the Site, your personal information is collected through the use of tracking technology. 

Cookies and Web Beacons

Cookies are alphanumeric identifiers that transfer to your device’s hard drive through your web browser for record-keeping purposes. Some cookies allow Patriot to make it easier for you to navigate its Website, while others are used to enable a faster log-in process or to allow Patriot to track your activities at its Website. There are two types of cookies: session and persistent cookies.

  • Session Cookies. Session cookies exist only during an online session. They disappear from your device when you close your browser or turn off your device. Patriot uses session cookies to allow its systems to uniquely identify you during a session or while you are logged into the Site. This allows Patriot to process your online transactions and requests and verify your identity, as you move through its Website.
  • Persistent Cookies. Persistent cookies remain on your device after you have closed your browser or turned off your device. Patriot uses persistent cookies to track aggregate and statistical information about user activity.

Most browsers are set to accept cookies by default. You can remove or reject cookies, but be aware that such action could affect the availability and functionality of the Site. You should also be aware that getting a new computer, installing a new browser, upgrading an existing browser, or erasing or otherwise altering your browser’s cookies files may also clear certain opt-out cookies, plug-ins, or settings.

Clear GIFs, pixel tags and other technologies. Clear GIFs are tiny graphics with a unique identifier, similar in function to cookies. In contrast to cookies, which are stored on your computer’s hard drive, clear GIFs are embedded invisibly on web and mobile application pages. Patriot may use clear GIFs (a.k.a. web beacons, web bugs or pixel tags), in connection with its Site to, among other things, track the activities Site visitors, help us manage content, and compile statistics about Site usage. Patriot and its third party service providers also use clear GIFs in HTML e-mails to its customers, to help it track e-mail response rates, identify when its e-mails are viewed, and track whether its e-mails are forwarded. You may not decline web beacons. However, they can be rendered ineffective by declining all cookies or by modifying your web browser’s settings to notify you each time a cookie is tendered, permitting you to accept or decline cookies on an individual basis.

Internet-Based Advertising

Additionally, we may use third-party software to serve ads on the Site, implement email marketing campaigns, and manage other interactive marketing initiatives. This third-party software may use cookies or similar tracking technology to help manage and optimize your online experience with us. For more information about opting-out of interest-based ads, visit the Network Advertising Initiative Opt-Out Tool or Digital Advertising Alliance Opt-Out Tool.

Third Party Website Analytics

We may also partner with selected third-party vendors, such as Adobe Analytics, Google Analytics, MailChimp and others, to allow tracking technologies and remarketing services on the Site through the use of first party cookies and third-party cookies, to, among other things, analyze and track users’ use of the Site, determine the popularity of certain content and better understand online activity. By accessing the Site you consent to the collection and use of your information by these third-party vendors. You are encouraged to review their privacy policy and contact them directly for responses to your questions. We do not transfer personal information to these third-party vendors. However, if you do not want any information to be collected and used by tracking technologies, you can visit the third-party vendor or the Network Advertising Initiative Opt-Out Tool or Digital Advertising Alliance Opt-Out Tool.

THIRD-PARTY WEBSITES

The Site may contain links to third-party websites and applications of interest, including advertisements and external services, that are not affiliated with Patriot. Once you have used these links to leave the Site any information you provide to these third parties is not covered by this Privacy Policy, and Patriot cannot guarantee the safety and privacy of your information. Before visiting and providing any information to any third-party websites, you should inform yourself of the privacy policies and practices (if any) of the third party responsible for that website, and should take those steps necessary to, in your discretion, protect the privacy of your information. Patriot is not responsible for the content or privacy and security practices and policies of any third parties, including other sites, services or applications that may be linked to or from the Site. Patriot is not responsible for the actions of third parties with whom you share personal or sensitive data, and Patriot has no authority to manage or control third-party solicitations. If you no longer wish to receive correspondence, emails or other communications from third parties, you are responsible for contacting the third party directly.

SECURITY OF YOUR INFORMATION

Patriot uses administrative, technical, and physical security measures to help protect your personal information. While Patriot has taken reasonable steps to secure the personal information you provide to us, please be aware that despite Patriot’s efforts, no security measures are perfect or impenetrable, and no method of data transmission can be guaranteed against any interception or other type of misuse. Any information disclosed online is vulnerable to interception and misuse by unauthorized parties. Therefore, Patriot cannot guarantee complete security if you provide personal information any transmission of personal information is at your own risk.

The safety and security of your information also depends on you.  Where Patriot has given you (or where you have chosen) a password for access to certain parts of its Site, you are responsible for keeping this password confidential and not sharing your password with anyone.

Please Contact Us to report any security violations or concerns you may have regarding your account or this Privacy Policy.

POLICY FOR CHILDREN

Patriot does not knowingly solicit information from or market to children under the age of 13. If you become aware of any data Patriot has collected from children under age 13, please Contact Us.

CALIFORNIA DOES NOT TRACK NOTICE

Most web browsers and some mobile operating systems, include a Do-Not-Track (“DNT”) feature or setting you can activate to signal your privacy preference not to have data about your online browsing activities monitored and collected. No uniform technology standard for recognizing and implementing DNT signals has been finalized. As such, Patriot does not currently respond to DNT browser signals or any other mechanism that automatically communicates your choice not to be tracked online. If a standard for online tracking is adopted that Patriot must follow in the future, Patriot will inform you about that practice in a revised version of this Privacy Policy.

If you have any questions regarding Patriot’s Do Not Track Notice you may Contact Us.

CALIFORNIA SHINE THE LIGHT LAW

California Civil Code Section 1798.83, also known as the “Shine The Light” law, permits Patriot users who are California residents to request and obtain from us, once a year and free of charge, information about categories of personal information (if any) Patriot disclosed to third parties for direct marketing purposes and the names and addresses of all third parties with which Patriot shared personal information in the immediately preceding calendar year. If you are a California resident and would like to make such a request, please Contact Us. Patriot does not provide your information to third parties for direct marketing purposes.

If you are under 18 years of age, reside in California, and have a registered account with the Site, you have the right to request removal of unwanted data that you publicly post on the Site. To request removal of such data, please Contact Us, and include the email address associated with your account and a statement that you reside in California. Patriot will make sure the data is not publicly displayed on the Site, but please be aware that the data may not be completely or comprehensively removed from its systems.

OPTIONS REGARDING YOUR INFORMATION

Patriot strives to provide you with choices regarding the personal information you provide to us. You can always choose not to submit your information to Patriot, but if you do not submit the information requested, you may not be able to access many of the products, services, and features that Patriot offers.

Account Information

You may at any time review or change the information in your account or terminate your account by:

  • Logging into your account settings and updating your account; or
  • Contacting Us.

Upon your request to terminate your account, Patriot will deactivate your account and information from Patriot’s active databases, but please note that it may take up to 10 business days for it to process opt-out requests. Additionally, some information may be retained in Patriot’s files to prevent fraud, troubleshoot problems, assist with any investigations, enforce its Terms of Use and/or comply with legal requirements.  When Patriot deactiviates your account the account and all its information will be deleted from the active database, but may remain in Patriot’s archives, and it may also retain anonymous information about your use of its services and products and will continue to use such anonymous information as permitted under this Privacy Policy. Once Patriot discloses some of your personal information to third parties, we cannot access that personal information any longer and cannot force the deletion or modification of any such information by the parties to whom have those disclosures.

Emails and Communications

If you no longer wish to receive correspondence, emails, or other communications from us, you may opt-out by:

  • Noting your preferences at the time you register your account with the Site.
  • Logging into your account settings and updating your preferences.
  • Contacting Us.

If you no longer wish to receive correspondence, emails, or other communications from third parties, you are responsible for contacting the third party directly.

CHANGES TO PRIVACY POLICY

You are encouraged to periodically review this Privacy Policy to stay informed of updates. Patriot reserves the right to make changes to this Privacy Policy at any time and for any reason. Patriot will alert you about any changes by updating Last Updated Date of Privacy Policy. Any changes or modifications will be effective immediately upon posting the updated Privacy Policy on the Site, and you waive the right to receive specific notice of each such change or modification. You will be deemed to have been made aware of, will be subject to, and will be deemed to have accepted the changes in any revised Privacy Policy by your continued use of the Site after the date such revised Privacy Policy is posted.

CONTACT INFORMATION

If you have questions or comments about this Privacy Policy, please Contact Us

You may also reach us at the following:

Patriot Medical Devices
1823 Rust Avenue, Cape Girardeau, MO 63703
Phone Number: 949-954-0703
Email: [email protected]

LAST UPDATED DATE OF PRIVACY POLICY

This Privacy Policy was last updated by Patriot Medical Devices, LLC, on September 9, 2020.