TERMS OF SERVICE

Acceptance of the Terms of Use

These terms of use are entered into by and between you and Pivotal Med Supply LLC (“Company,” “we,” or “us”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, “Terms of Use”), govern your access to and use of any website that we operate, including any content, functionality and services offered on or through www.PivotalMedSupply.com (the “Website”), whether as a guest or a registered user, and/or any products or services provided by Company.

Please read these Terms of Use carefully before you start to use the Website. By using the Website, or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use. If you do not want to agree to these Terms of Use, you must not access or use the Website. If you use the Website for or on behalf of a medical practice, physician’s office, or similar organization or entity (each, a “Practice”), you represent and warrant that you have the authority to bind the Practice, and you hereby agree on behalf of the Practice that such Practice shall be bound by such Terms of Use.

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.  Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

Accessing and Using the Website

We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.  You are responsible for making all arrangements necessary for you to have access to the Website and ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.  We have the right to disable any username, 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 if, in our opinion, you have violated any provision of these Terms of Use.

You agree that you will comply with all applicable federal and state laws and regulations in connection with your access and use of the Website.  To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current and complete. You agree that all information you provide to register with this Website or otherwise, including, but not limited to, through the use of any interactive features on the Website, is governed by our Notice of Privacy Practices (located at https://www.pivotalmedsupply.com), and you consent to all actions we take with respect to your information consistent with our Notice of Privacy Practices.

If you choose, or are provided with, a username, 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 this Website or portions of it using your username, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your username 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.

The owner of the Website is based in the State of Texas in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Cookies

We employ the use of cookies. By accessing the Website, you agreed to use cookies in agreement with Pivotal Med Supply’s Privacy Policy.

Most interactive websites use cookies to let us retrieve the user’s details for each visit. Cookies are used by our website to enable the functionality of certain areas to make it easier for people visiting our website. Some of our affiliate/advertising partners may also use cookies.

Intellectual Property Rights

The Website and its 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), are owned by the Company, 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.  Company has and retains exclusive ownership of all intellectual property owned by it and nothing contained in these Terms of Use will be deemed to grant to you any rights, licenses or interests in or to any intellectual property of Company, except as expressly provided below. These Terms of Use permit you and, to the extent applicable, your Practice to use the Website for your personal, non-commercial and professional use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website.  You must not access or use for any commercial purposes any part of the Website1 or any services or materials available through the Website. 

In connection with your use of the Website, you also must not access, store, distribute or transmit any viruses or other malicious code or devices, or any material that is unlawful, harmful, threatening, defamatory, obscene, infringing, harassing or racially or ethnically offensive, facilitates illegal activity; or is otherwise illegal or causes damage or injury to any person or property. 

No right, title or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.  If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website and/or the Service will cease automatically and immediately and you must cease your use of the Website and/or the Service immediately and, at our option, return or destroy any copies of the materials you have made.

The Company name, the Company logo and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.

If you submit, publish, or transmit any data, information or other material (“User Material”) to or through the Website, the User Material will be considered non-confidential and non-proprietary, and you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any User Material for any purpose. We have the right to delete or otherwise remove any User Material from the Website for any or no reason, or take any other action with respect to any User Material that we deem necessary or appropriate in our sole discretion. 

Prohibited Uses

You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to: (i) use the Website 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); (ii) take any action that interferes, restricts or inhibits anyone’s use or enjoyment of the Website or the proper working thereof, or that, as determined by us, may harm the Company or users of the Website, or expose them to liability; (iii) use any robot, spider, crawler, mining tool or other automatic device, process or means to access the Website for any purpose, including monitoring, scraping or copying any of the material on the Website; or (iv) use any manual process to monitor, scrape or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.

Reliance on Information Posted

Although Company strives to provide information that is both useful and current, medical research and information changes frequently and is subject to varying interpretations. Accordingly, although Company endeavors to use reasonable care in assembling the information, the information may not be up-to-date, accurate or complete, and the information cannot be construed as medical or professional advice on any subject matter.  It is your responsibility to evaluate the information provided on the website. Healthcare professionals using this Website should remember that this information is not meant to serve as a substitute for your medical or clinical judgment as a healthcare professional, you should exercise your professional judgment in evaluating any information, and we strongly encourage you to confirm the information contained on our website with other sources before undertaking any course of action based on it.

YOU ACKNOWLEDGE AND AGREE THAT COMPANY SHALL HAVE NO LIABILITY FOR ACCURACY OR APPLICABILITY OF ANY INFORMATION THAT IS ON THE SITE.

YOU ACKNOWLEDGE THAT YOU ARE ENTIRELY LIABLE FOR ANY ADVICE OR INSTRUCTIONS THAT YOU PROVIDE TO YOUR PATIENTS AND COMPANY EXPRESSLY DISCLAIMS ALL LIABILITY THEREFORE. YOU AGREE TO INDEMNITY, DEFEND AND HOLD HARMLESS COMPANY FROM ANY ACTIONS OR INACTIONS OF YOUR PATIENTS AND OTHERS THAT ACCESS THIS SITE.

This Website may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. Company has not reviewed all of the websites that are linked to the Website, and Company has no control over such websites. Company is providing these links to you only as a convenience. Unless otherwise explicitly stated, Company is not responsible for the content of such websites, any updates or changes to such websites, or the privacy or other practices of such websites, and the fact that Company offers such links does not indicate any approval or endorsement of any material contained on any linked website. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. Accordingly, we strongly encourage you to become familiar with the terms of use and practices of any linked website. Further, it is up to you to take precautions to ensure that whatever links you select or software you download (whether from the Website or other websites) is free of such items as viruses, worms, trojan horses, defects, date bombs, time bombs and other items of a destructive nature. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.

WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE, THE SYSTEM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.  YOUR USE OF THE WEBSITE, THEIR CONTENTS AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, THEIR CONTENTS AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, , THEIR CONTENTS OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.  THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.  THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, 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 WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE, THE SERVICE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, 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, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.  SUCH LIMITATIONS SHALL APPLY EVEN IF COMPANY OR ITS LICENSORS OR SUPPLIERS ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.  IN NO CASE WILL COMPANY’S LICENSORS BE LIABLE TO YOU, AND COMPANY’S AGGREGATE LIABILITY TO YOU UNDER THESE TERMS OF USE SHALL NOT EXCEED $100.00 U.S. DOLLARS.  YOU ACKNOWLEDGE THAT THIS IS A REASONABLE ALLOCATION OF RISK.  THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective 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 Website, including, but not limited to, your User Materials, any use of the Website’s content, the Service, services and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Website.

Governing Law and Jurisdiction; Arbitration

All matters relating to the Website, the Service and/or these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Texas without giving effect to any choice or conflict of law provision or rule (whether of the State of Texas or any other jurisdiction).  Any legal suit, action or proceeding arising out of, or related to, these Terms of Use, the Website or the Service shall be referred and definitively resolved by the Judicial Arbitration and Mediation Service (JAMS) for binding arbitration. The place of arbitration shall be Dallas, Texas.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Waiver and Severability

No waiver of by the Company 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 the Company 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.

Entire Agreement

The Terms of Use and our Notice of Privacy Practices constitute the sole and entire agreement between you and Pivotal Med Supply with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website.

Your Comments and Concerns

This website is operated by Pivotal Med Supply LLC at 2010 E Continental Blvd, Suite F Southlake, TX 76092.

All notices of copyright infringement claims, other feedback, comments, requests for technical support and other communications relating to the Website or the Service should be directed to: [email protected]

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