Date of Last Revision: 09/27/2022
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. THESE TERMS AND CONDITIONS SET FORTH THE IMPORTANT TERMS YOU WILL NEED TO KNOW ABOUT THE SERVICES.
YOUR RELATIONSHIP WITH ADS DOES NOT REPLACE YOUR RELATIONSHIP WITH ANY PHYSICIAN. THESE SERVICES MIGHT NOT BE APPROPRIATE FOR ALL MEDICAL CONDITIONS OR CONCERNS. IF YOU HAVE A MEDICAL EMERGENCY, IMMEDIATELY CALL YOUR DOCTOR OR DIAL 911.
North Coast Medical Supply, LLC, dba Advanced Diabetes Supply, and US MED, LLC, United States Medical Supply, LLC, and their respective affiliates (collectively, “ADS,” “we ”, “us”, or “our”) own and operate the websites located at https://NorthCoastMed.com, https://www.usmed.com, and https://usmeddirect.com, (collectively, the “Websites,” and collectively with any affiliated mobile application (the “Sites”), and the content contained on those Sites (“Content”). The Sites are intended to facilitate the provision of the Services to registered users. The “Services” may include (i) providing individuals with products necessary to treat the Diabetes disease state, including therapies for its associated comorbidities (“Products”); (ii) administrative support in connection with scheduling, payment for health care provider services, and payment for Content and Products; and (iii) telecommunications support for using the Services as a means of direct access to Content and Products provided by ADS.
Certain of ADS’s Services are currently only available to individuals located in certain states.
In order to qualify to use the Services, the following must be true:
- You are age 18 or over.
- You are located in the United States, in a State where ADS operates (depending on the type of Services).
- You understand and agree that satisfying the above requirements does not guarantee that you will receive Services through ADS.
In addition to the above requirements, ADS and certain affiliated professional entities reserve the right to change or include new requirements as deemed appropriate in their sole discretion without providing prior notice to you.
ADS’s Services are controlled, operated and administered by us from our offices within the United States of America. ADS makes no representations that ADS’s Services are permissible, appropriate or available for use in other jurisdictions. If you access any Services from a location outside the United States of America, then you do so by your own volition and you are solely responsible for compliance with all laws, regulations and rules (including local laws and any applicable United States export control laws). You will not use ADS’s Services or any Content in a manner prohibited by any applicable state, federal, international or local laws, rules, restrictions or regulations.
- REQUIREMENTS FOR USE
You must have compatible computing and/or mobile devices, access to the Internet, and certain necessary software in order to use the Sites. Fees and charges may apply to your use of the mobile services and to the Internet.
- YOUR INFORMATION AND SECURITY
- YOUR RELATIONSHIP WITH ADS
ADS does not provide any medical services, including via the Sites and Services. Nothing in or on ADS’s Services is intended to be, and must not be taken to be, the practice of medicine, dentistry, nursing or any other professional healthcare advice or opinion. ADS does not provide medical advice or medical care. Your use of ADS’s Services, the Content, and the Products is solely at your own risk.
ADS does not recommend or endorse any specific healthcare providers, Products, Services or other information that may appear on or through ADS’s Services. If you rely on any Content (including any reviews, ratings or other information), you do so solely at your own risk.
- SITE CONTENT
None of the Content you receive through the Sites should be considered medical advice.
- REGISTRATION AND USER ACCOUNTS
Although certain parts of the Sites are accessible by any individual, you are obligated to register with ADS in order to access the Services. The Services are available only to users who have registered with ADS and to other persons affiliated with ADS who have been granted accounts with usernames and passwords (“Secure Users”). If you are a Secure User, you agree to provide information that is accurate, complete and correct, and to accurately maintain and update any information about yourself that you have provided to ADS. If you do not maintain such information, or ADS has reasonable grounds to suspect as much, ADS has the right to suspend or terminate your account and your use of the Services. You also agree to immediately notify ADS of any unauthorized use of your username, password or any other breach of security that you become aware of involving or relating to the Services by emailing ADS at [email protected] ADS may take any and all actions it deems necessary or reasonable to maintain the security of the Sites, Services and your Secure User account.
You agree to keep confidential your username and password and to exit from your Secure User account at the end of each session. You are responsible for all activities that occur under your account and for maintaining the confidentiality of your password. You are responsible for changing your password promptly if you think it has been compromised. You may not transfer or share your password with anyone, or create more than one account. You may not use anyone else’s account at any time. ADS explicitly disclaims liability for any and all losses and damages arising from your failure to comply with this section. You acknowledge and agree that: (1) all or any part of the Sites may not be accessible at any time, for any period, or for any reason; and (2) ADS will not be liable if for any reason all or any part of the Sites are unavailable at any time or for any period.
- ACCESS RIGHTS AND PROHIBITED USE
- OWNERSHIP OF INFORMATION SUBMITTED VIA THE SITES
Such information may be used for any purpose, including, without limitation, reproduction, solicitation, disclosure, transmission, publication, broadcast, and posting. ADS shall be free to use any ideas, concepts, know-how, or techniques contained in any communication you send to ADS via the Services or by any other means for any purpose whatsoever, including, without limitation, developing and marketing products using such information.
For any personal data or information subject to the foregoing exception, and to the extent permitted by law, you: (1) understand and agree that any such information provided by you may be used, copied or displayed by ADS, ADS may create derivative works of any such data in performance of their services; and (2) grant ADS, our service providers, our successors and assigns, and affiliated health care providers, and their affiliated professional entities, the fully transferable and sublicensable right and license to use, reproduce, modify, analyze, perform, display, distribute, and otherwise disclose to third parties any data or information you submit on or through the Sites for the purposes of providing services to you; conducting research or analyses of such data; and designing, developing, implementing, modifying and/or improving new, current or future features, products and services of ADS using such data.
- OWNERSHIP OF SITE CONTENT
Certain names, logos, and other materials displayed in and through the Sites may constitute trademarks, trade names, service marks or logos (“Marks”) of ADS or its affiliates. You are not authorized to use any such Marks without the express written permission of ADS. Ownership of all such Marks and the goodwill associated therewith remains with us or our affiliates.
- LINKS TO THIRD-PARTY HYPERLINKS AND WEBSITES
The Sites may contain hyperlinks or references to other websites (“Linked Sites”) operated by third parties. The Linked Sites may not be under our control, therefore, we are not responsible for the information, products or services described thereon, or for the content of any Linked Site, including, without limitation, any link contained in a Linked Site, or any changes or updates to a Linked Site. We are providing these Linked Sites to you only as a convenience, and the inclusion of any link does not necessarily imply endorsement of the Linked Site or any association with its operators. Your use of these Linked Sites is at your own risk, and we are not liable to you in any way, either directly or indirectly, for any content, errors, damage or loss caused by or in connection with use of or reliance on information contained in or provided to Linked Sites.
- DISCLAIMER OF WARRANTIES
YOU EXPRESSLY AGREE THAT USE OF THE SITES IS AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT THE SITES AND ANY SERVICES ARE PROVIDED THROUGH THE SITES ON AN “AS IS” AND “AS AVAILABLE” BASIS. ADS AND ITS AFFILIATES, INCLUDING WITHOUT LIMITATION ALL AFFILIATED PROFESSIONAL ENTITIES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, MANAGERS, PARTNERS, MEMBERS, EMPLOYEES, AND AGENTS (COLLECTIVELY “RELATED PERSONS”) MAKE NO REPRESENTATIONS OR WARRANTIES AND EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SITES AND SERVICES INCLUDING, BUT NOT LIMITED TO, ANY REPRESENTATIONS OR WARRANTIES WITH RESPECT TO MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, NONINFRINGEMENT, TITLE, AVAILABILITY, SECURITY, OPERABILITY, CONDITION, QUIET ENJOYMENT, VALUE, ACCURACY OF DATA, FREEDOM FROM VIRUSES OR MALWARE, COMPLETENESS, TIMELINESS, FUNCTIONALITY, RELIABILITY, SEQUENCING OR SPEED OF DELIVERY OR SYSTEM INTEGRATION. WE MAKE NO WARRANTIES OR REPRESENTATIONS THAT YOUR USE OF THE SITES OR SERVICES WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES.
TO THE FULLEST EXTENT OF APPLICABLE LAW, NEITHER ADS NOR ITS RELATED PERSONS WILL BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE SITES. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS, TIMELINESS, RELIABILITY OR USEFULNESS OF THE SITES. FURTHERMORE, ADS DOES NOT GUARANTEE THAT THE SITES WILL BE UNINTERRUPTED, OR FREE FROM ERROR, DEFECT, LOSS, DELAY IN OPERATION, CORRUPTION, CYBER ATTACK, VIRUSES, INTERFERENCE, HACKING, MALWARE, OR OTHER SECURITY INTRUSION, AND ADS DISCLAIMS ANY LIABILITY RELATING THERETO.
YOU UNDERSTAND AND AGREE THAT ANY CONTENT, MATERIAL AND/OR INFORMATION OBTAINED THROUGH THE USE OF THE SITES ARE USED AT YOUR SOLE RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR MOBILE PHONE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT, MATERIAL AND/OR INFORMATION.
- LIMITATION OF LIABILITY
YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW AND EXCEPT AS SET FORTH IN THIS SECTION, IN NO EVENT WILL ADS, ITS RELATED PERSONS OR LICENSORS BE LIABLE TO YOU OR TO ANY PARTY FOR ANY CLAIMS, LIABILITIES, LOSSES, COSTS OR DAMAGES UNDER ANY LEGAL OR EQUITABLE THEORY, WHETHER IN TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), CONTRACT, WARRANTY, STATUTE OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE OR DATA, SERVICE INTERRUPTION, COMPUTER OR MOBILE PHONE DAMAGE, OR SYSTEM FAILURE, OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS, INCLUDING DEATH, ARISING OUT OF OR IN CONNECTION WITH ANY ACCESS, USE OF (OR INABILITY TO USE) THE SITES OR ANY SERVICES PROVIDED THROUGH THE SITES, OR OTHER INTANGIBLE LOSSES ARISING OUT OF OR RELATED TO YOUR USE OF THE SITES. THIS IS TRUE EVEN IF ADS OR RELATED PERSONS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit liabilities, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such applicable law.
- MODIFICATIONS TO THE SITES
ADS reserves the right at any time and for any reason to modify, or temporarily or permanently discontinue, the Sites or Services or any portion thereof, with or without notice. You agree that ADS shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Sites or Services.
You agree to pay all fees due for services requested. You will see a prompt for your payment details, such as your credit card information and any promotional codes you may have. By entering your payment information and submitting your request, you authorize us, our affiliates, or our third-party payment processors to charge the amount due.
You understand and agree that you are responsible for all fees due to receive health care services and pharmacy services, including any fees charged by the health care organization(s) or provider(s). In the event that your credit card expires or ADS, our affiliates, or our third-party payment processors are unable to process your payment, you may receive notice for you to provide an alternative payment method. ADS has no obligation to provide any health care services unless and until full payment has been received and/or verified.
- SPECIAL NOTICE TO MEDICARE AND MEDICAID BENEFICIARIES
Federal and state health care programs, such as Medicare and Medicaid, do not pay for all health care costs, even for some health care services and products that you or your health care provider have good reason to think you need. If you are a beneficiary of a federal or state health care program, and such program does not pay for certain services or products rendered to you, you may have to pay for these services and products.
- GOVERNING LAW; DISPUTE RESOLUTION; ARBITRATION; VENUE; SEVERABILITY OF PROVISIONS
PLEASE READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES YOU AND ADS TO RESOLVE ALL DISPUTES BETWEEN US THROUGH BINDING INDIVIDUAL ARBITRATION AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM ADS.
- PROHIBITION OF CLASS AND REPRESENTATIVE ACTIONS AND NON-INDIVIDUALIZED RELIEF
YOU AND WE AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS PART OF ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER USERS.
THEREFORE, YOU DO NOT HAVE THE OPPORTUNITY TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS AND YOU GIVE UP YOUR RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS. BY USING ADS’S SERVICES, YOU CONSENT TO THESE RESTRICTIONS.
- NO WAIVER
- NO AGENCY RELATIONSHIP
- DIGITAL MILLENNIUM COPYRIGHT ACT
ADS reserves the right to remove any content or any other material or information available on or through our Sites, at any time, for any reason. ADS otherwise complies with the provisions of the Digital Millennium Copyright Act (“DMCA”) applicable to Internet service providers (17 U.S.C. § 512, as amended), and responds to clear notices of alleged copyright infringement. This Section describes the procedure that should be followed to file a notification of alleged copyright infringement with ADS.
Notification of Claimed Copyright Infringement. If you have objections to copyrighted content or material made available on or through our Sites, you may submit a notification to our Designated Agent at the following address:
Chief Compliance Officer – [email protected]
Any notification to ADS under 17 U.S.C. § 512(c) alleging copyright infringement must include the following information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the exclusive right being infringed;
- An identification of the copyrighted work or other intellectual property that you claim has been infringed or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
- An identification of the content or material that you claim is infringing and where it is located on our Sites;
- Information sufficient forADS to contact you, such as your address, telephone number, and/or email address;
- A statement by you that you have a good-faith belief that the use of the content or material of which you are complaining is not authorized by the copyright owner, its agent, or the law; and
- A signed statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright owner or authorized to act on the copyright owner’s behalf.