Terms, Conditions and Policies
THIS SITE AND RELATED SERVICES ARE PROVIDED SUBJECT
TO THESE TERMS AND CONDITIONS.
PLEASE READ THE
FOLLOWING INFORMATION CAREFULLY. YOUR CONTINUED
USE OF THIS SITE WILL INDICATE YOUR AGREEMENT TO BE
BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW.
IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS,
PROMPTLY EXIT THIS SITE.
Restrictions on Use and Ownership.
All pages and information within this Web site and any
material made available for download (collectively the “Site”) are the property of RealTime Medical Equipment, Inc.
(“RTME”) and/or its subsidiaries, affiliates, vendors, and licensors. RTME hereby grants you
a nonexclusive, non-transferable license to use the Site solely for your personal, non-commercial
use (except with regard to your use of inherent functionality provided through the Site). As a
condition of your use of this Site, you warrant to RTME that you will not use the Site for any
purpose that is unlawful or prohibited by these Terms and Conditions. If you breach any of these
Terms and Conditions, your authorization to use this Site automatically terminates and you must
immediately destroy any downloaded or printed materials.
The contents of the Site, including the text, images, audio, and video, are copyrighted and may
not be distributed, modified, reproduced, or used, in whole or in part, without the prior written
consent of RTME, except that you may download content from the Site to any single computer
for your personal, non-commercial use (except with regard to your use of inherent functionality
provided through the Site) only, provided you keep intact all copyright, trademark, and other
proprietary notices and comply with any applicable end user license agreements. For purposes
of these Terms and Conditions, any use of these materials on any other Web site or networked
computer environment for any purpose is prohibited.
All trademarks, service marks, icons, and logos used in this Site are the trademarks, service
marks or logos of RTME or their respective owners.
You may not use automated systems (e.g., robots, spiders, etc.) to access the Site. You agree
not to collect personally identifiable information of other users of the Site or to sell or otherwise
exploit that information.
Any rights not expressly granted by these Terms and Conditions or any applicable end user
license agreements are reserved by RTME and/or its vendors and licensors.
Copies of These Terms and Conditions -Updates.
You may print a copy of these Terms
and Conditions using the print button or feature in your browser. We suggest retaining a copy
for your future reference. You should be aware, however, that we may revise these Terms
and Conditions at any time, and by your continued use of the Site agree to be bound by future
revisions. It is your responsibility to periodically visit the “Terms and Conditions” link at the
bottom of our home page to review the most current version of the Terms and Conditions. You
may use your browser to print copies of any updated Terms and Conditions.
Limited Access Areas of the Site - Registration.
Certain areas of the Site require
registration, establishment of an account, and the use of a username and/or password to access.
By registering, you represent and warrant (a) that you are 18 years of age or over, and (b) the
registration information you provide is current, complete, and accurate. You are responsible for
updating the registration information to ensure it continues to be current, complete, and accurate.
RTME may accept or reject registration requests for the Site in RTME’s sole discretion
and may revoke registration and accounts at any time, without cause or prior notice. The Site
may also display names as part of the registration process to facilitate an individual registrant's
affiliation with the correct entity. You consent to that use. You are responsible for maintaining
the confidentiality of your username and password and all activities conducted using your
username and password. You will notify RTME immediately of any unauthorized use of your
username or password and that you will, for security reasons, make sure that you exit from any
activities on the Site at the end of each of your uses of the Site.
Your License to Us - Content.
Any communications, content, video, or other material of
any kind that you e-mail, post, upload, store, or transmit through the Site, including, questions,
comments, suggestions, and other data and information (your “Content”) will be treated as non-
confidential and non-proprietary. You grant RTME a non-exclusive, perpetual, world-wide,
irrevocable license to reproduce, transmit, display, disclose, create derivative works of, perform,
and otherwise use and exploit your Content on the Site or elsewhere for our business purposes
in all media now known or later developed. We are free to use any ideas, concepts, techniques,
know-how in your Content for any purpose, including, but not limited to, the development and
use of products and services based on the Content.
You represent and warrant that you have all right, title, and interest
necessary to post your Content to the Site and grant the rights provided above. You will not
provide any Content that (i) violates the intellectual property, privacy, publicity, or other rights
of any individual or entity; (ii) is defamatory, obscene, threatening, harassing, or offensive; or
(iii) violates any law, regulation, or rule. RTME may, but is not obligated to, monitor or review
any areas of the Site where user Content may be made available, including, but not limited to,
chat rooms, discussion areas, bulletin boards, and other user forums. RTME, however, will
have no liability related to the Content or your access to or use of any other user’s Content,
whether or not arising under the laws of copyright, defamation, privacy, obscenity, or otherwise.
RTME retains the right to remove, in its sole discretion, without notice, Content that includes
any material deemed abusive, defamatory, obscene, illegal, or otherwise inappropriate.
At RTME’s option and request, you will, at your own expense, indemnify,
defend, and hold RTME and its subsidiaries, affiliates, officers, employees, agents, co-branders,
suppliers, or associates harmless from and against any losses, costs, damages, liabilities, and
expenses (including reasonable attorneys’ fees and expert costs), arising out of your use of the
Site or related to a third-party claim, action or allegation (a) related in any way to a transaction or
dispute between you and any third party, including any counterparty to a sale transacted on the
Site, (b) based on or caused by unauthorized access to the Site through your account, (c) based
on your actual or alleged breach of these Terms and Conditions, (d) based on your violation
of any applicable law or regulation of any jurisdiction, or (e) arising out of your Content. You
may not enter into a settlement or stipulated judgment of the foregoing without RTME's prior
manner in which we collect, use, disclose and otherwise manage your personal information.
The prices of the Equipment are FOB Origin, unless otherwise noted. As
a Buyer, you shall pay all transportation, license fees, custom duties and other such charges as
added to the total purchase price unless otherwise noted. All applicable sales, use, transfer or
exercise taxes arising from the sale of Equipment to you (as a Buyer) will be charged to you and
will be added to the purchase price in accordance with local and/or state law, and you will also
bear the cost of any personal property taxes assessable on the Equipment after delivery to the
As a Buyer, you acknowledge that Sellers make no guarantee, statement, claim,
representation or warranty that Equipment will be delivered with any Materials or that the
Equipment will include parts, accessories, safety devices or comply with applicable laws. If
Materials are not included with Equipment, it is your obligation as the Buyer of the Equipment
to obtain the Materials and any necessary operating documentation directly from the equipment
manufacturer. Sellers shall have no responsibility or liability in the event you, as Buyer, are
unable to obtain the Materials and any necessary operating documentation directly from the
equipment manufacturer, and make no guarantee that the Materials and any necessary operating
documentation will be available from the equipment manufacturer. As Buyer, it is solely your
responsibility to provide proper safety devices, accessories, items and equipment or the means
necessary or required for the Equipment to meet all government safety standards or any other
laws, including, but not limited to, any environmental protection or other public protection laws
or regulations. If you are a Buyer, you acknowledge and agree that certain Equipment may be
subject to governmental restrictions on its use, and it is solely your responsibility to ascertain
and comply with any such restrictions. In this regard, you as Buyer are legally able to purchase
and/or use the subject Equipment, and you are solely responsible for obtaining adequate personal
injury insurance coverage and your failure or inability to obtain such insurance coverage does
not invalidate your obligation to pay the purchase price.
All Equipment (including any related Materials) is sold “AS IS, WHERE
IS,” irrespective of condition, wear, damage and “AS AVAILABLE,” with all faults, defects,
with no representations or warranties of any kind, either expressed or implied, including,
but not limited to, the implied warranties of merchantability, fitness for a particular purpose,
use, quiet enjoyment, quality, quality of information, capacity, design, workmanship and
All sales are final, and as such we do not offer a returns option. It is your sole responsibility to ensure that you understand fully the condition and functionality of any equipment purchased from RTME Medical Equipment Services. We will fully disclose all information about the Equipment, to the extent that we are able. It is your responsibility to contact us prior to purchasing any Equipment if you have any questions or concerns. Once purchased, you agree that you have fully understood the condition of the equipment, and understand that at the time it is leaves our facility to be delivered to you, it is non-returnable.
If an item was damaged during delivery, it is your responsibility to make a claim with the shipping company. We are not responsible for any damages, markings, loosening or other faults of shipping once the equipment leaves our facility. We do not have interest, title or function with the delivery vendors we use, and they are held accountable for any damage in transit.
Certain Equipment may be accompanied by or may contain software embedded
within the Equipment, and such software may be subject to copyright or other intellectual
property right protections. Such software may be subject to and/or require a license agreement
with the software manufacturer, and such license agreement may place restrictions on the sale
and/or use of the software.
- Warranty Disclaimer.
THIS SITE, INCLUDING ANY CONTENT OR INFORMATION
CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICE, INCLUDING ALL THE
PROVISION OF “EQUIPMENT” (AS SUCH TERM IS DEFINED HEREIN) AND ANY
OTHER SERVICES, DATA, MATERIALS AND CONTENT (ACCOMPANYING AND/
OR EMBEDDED WITHIN EQUIPMENT) BY ANY SELLER, IS PROVIDED “AS IS,”
IRRESPECTIVE OF CONDITION, WEAR, DAMAGE AND “AS-AVAILABLE,” WITH ALL
FAULTS, DEFECTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND,
EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
USE, QUIET ENJOYMENT, QUALITY, QUALITY OF INFORMATION, CAPACITY,
DESIGN, WORKMANSHIP AND TITLE/NONINFRINGEMENT.
TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE, SITE-RELATED
SERVICES, AND HYPERLINKED WEB SITES. NO ORAL OR WRITTEN INFORMATION
OR ADVICE GIVEN BY RTME OR ITS AUTHORIZED REPRESENTATIVES SHALL
CREATE A WARRANTY, EQUIPMENT ENDORSEMENTS OR MEDICAL ADVICE OR
IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY OR THE OBLIGATIONS
OF ANY SELLER. THE AVAILABILITY OF EQUIPMENT FOR PURCHASE FROM
SELLER IN NO WAY CONSTITUTES AN ENDORSEMENT OF SUCH BY SELLER,
NOR ANY REPRESENTATION OR WARRANTY AS TO THE SAFETY, EFFICACY OR
APPROPRIATENESS OF ANY EQUIPMENT. SELLERS ON THIS WESBITE PROVIDE
NO PROFESSIONAL OR MEDICAL ADVICE AS TO ANY EQUIPMENT OR USE
OF EQUIPMENT. BUYERS EXPRESSLY AGREE AND ACKNOWLEDGES THAT
PURCHASE, USE OF AND RECEIPT OF THE EQUIPMENT ARE AT BUYER’S SOLE
Limitation of Liability.
RTME AND ITS AFFILIATES, VENDORS, LICENSORS,
AND OTHER THIRD PARTIES MENTIONED ON THE SITE ARE NEITHER
RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES
WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM
LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF OR
RELATING IN ANY WAY TO THE SITE, SITE-RELATED SERVICES, PRODUCTS
AND “EQUIPMENT” (AS SUCH TERM IS DEFINED HEREIN), CONTENT OR
INFORMATION CONTAINED WITHIN THE SITE, AND/OR ANY HYPERLINKED WEB
SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER
LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, SITE-
RELATED SERVICES, AND/OR HYPERLINKED WEB SITES IS TO STOP USING
THE SITE AND/OR THOSE SERVICES. APPLICABLE LAW MAY NOT ALLOW THE
EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO
THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU
Accuracy and Integrity of Information.
Although RTME attempts to ensure the integrity
and accurateness of the Site, it makes no guarantees whatsoever as to the correctness or accuracy
of the Site. It is possible that the Site could include typographical errors, inaccuracies or other
errors, and that unauthorized additions, deletions and alterations could be made to the Site by
third parties. In the event that an inaccuracy arises, please inform RTME so that it can be
corrected. Information contained on the Site may be changed or updated without notice.
Links or Pointers to Other Sites.
RTME makes no representations whatsoever about
any other Web site that you may access through this Site. When you access a non-RTME site,
please understand that it is independent from RTME, and that RTME has no control over the
content on that Web site. In addition, a hyperlink to a non-RTME Web site does not mean that
RTME endorses or accepts any responsibility for the content, or the use, of the linked site. It is
up to you to take precautions to ensure that whatever you select for your use or download is free
of such items as viruses, worms, Trojan horses, and other items of a destructive nature. If you
decide to access any of the third party sites linked to this Site, you do this entirely at your own
Export, Import And Other Regulations.
You assume all responsibility for compliance
with all laws and regulations of the United States and any other country from which you may
access the Site regarding access, use, export, re-export and/or import of any Site content. You
acknowledge and agree that you will not export or import any Site content to any country to
which export or import is restricted under United States law, that you are not a national of any
such country, and that the Site content will not be used in the design, development or production
of nuclear, chemical or biological weapons.
Choice of Law- Venue.
These Terms and Conditions are entered into in the State of New York
and shall be governed by and construed in accordance with the laws of the State of New York,
exclusive of its choice of law rules. Any dispute, controversy or claim arising under, out of, in
connection with or in relation to the Site or these Terms and Conditions will be resolved in the
state or federal courts located in Suffolk County, New York. In the event that any of the Terms and
Conditions are held by a court or other tribunal of competent jurisdiction to be unenforceable,
such provisions shall be limited or eliminated to the minimum extent necessary so that these
Terms and Conditions shall otherwise remain in full force and effect.
Except as provided below, these Terms and Conditions constitute the
entire agreement between RTME and you pertaining to the subject matter hereof. In its sole
discretion, RTME may from time-to-time revise these Terms and Conditions by updating this
posting. You should, therefore, periodically visit this page to review the current Terms and
Conditions, so you are aware of any such revisions to which you are bound. Certain provisions
of these Terms and Conditions may be superseded by expressly designated legal notices or terms
located on particular pages within this Site.