Legal Notice
A. ALL USERS
1. Content
Dr.’s Equipment Warehouse (“Dr.’s Equipment Warehouse”) hereby provides access to the information, materials, and services of this site (hereinafter collectively referred to as “Content”) subject to the terms and conditions herein. You are permitted to access and use this site subject to your agreement to and compliance with the terms of this Legal Notice and the other applicable terms pertaining to this site, including the Privacy Notice for this site. Your access and use of this site are not subject to any general subscription fees for access and use. However, fees and other charges and expenses may be applicable for certain offerings as specified in the site.
2. Proprietary Rights
2.1 The Content of this site, including, but not limited to, the text, graphics, logos, and images, is the exclusive property of and proprietary to Dr.’s Equipment Warehouse and applicable third parties who have granted Dr.’s Equipment Warehouse the right and/or license to such and is protected by United States and international laws.
2.2 DRSEQUIPMENTWAREHOUSE.COM and all other applicable marks/logos, registered or otherwise, are trademarks and/or service marks of Dr.’s Equipment Warehouse, except as to those trademarks/service marks associated with third parties.
2.3 drsequipmentwarehouse.com, is a registered internet domain of Dr.’s Equipment Warehouse.
2.4 All names, products, and services (other than those of Dr.’s Equipment Warehouse) mentioned on the site are trademarks/service marks/domains (registered or otherwise) of applicable third parties.
2.5 Except as expressly permitted under United States and international copyright, trademark, and other intellectual property law or by the express terms of this site, you are not permitted to copy, transmit, publish, reproduce, redistribute, modify, sell, create derivative works or publicly display, perform, distribute, or otherwise use or disclose the Content of this site in any way for any public or commercial purposes without prior written authorization of Dr.’s Equipment Warehouse or other applicable intellectual property right owners.
2.6 In the event you believe that any Content or activities on this site infringe your intellectual property rights, please immediately notify Dr.’s Equipment Warehouse in writing of such, with proper identification and supporting materials in accordance with the procedures set forth in the Dr.’s Equipment Warehouse Compliance Notice and/or Policy Regarding Intellectual Property Rights Infringement and Designation of an IP Agent.
3. Conditions Of Access/Use
3.1 As a condition of your access and use of this site, you agree that you will not access and use this site for any unlawful purpose.
3.2 You agree to abide by all applicable federal, state, local, and international laws, regulations, and rules, and you agree that you are solely responsible for all acts or omissions associated with your access and use of this site.
3.3 You agree to comply with all applicable laws regarding import or export to/from the United States and/or the country in which you reside.
3.4 You agree to abide by all the proprietary notices contained on this site.
3.5 You warrant and represent to Dr.’s Equipment Warehouse that you are 18 years of age or older.
4. Extracting Content (Including Data)
You are not permitted to extract any Content, including data, from this site for posting on another website or publication without Dr.’s Equipment Warehouse’s prior written consent and subject to any terms and conditions that Dr.’s Equipment Warehouse may prescribe.
5. Dealings Through This Site
5.1 Third-party websites linked through this site and advertisers on this site are not associated/affiliated with Dr.’s Equipment Warehouse and are not within Dr.’s Equipment Warehouse’s control. Third-party websites linking to this site and advertisers on such third-party websites are not associated/affiliated with Dr.’s Equipment Warehouse and are not within Dr.’s Equipment Warehouse’s control. Dr.’s Equipment Warehouse assumes no obligation or liability whatsoever for the acts or omissions of any advertisers or third-party websites. The terms and conditions of access and use of third-party websites and terms and conditions of access and use of advertisers apply independent of this Legal Notice and the terms pertaining to this site.
5.2 Any dealings with parties other than Dr.’s Equipment Warehouse are exclusively between you and such parties. Dr.’s Equipment Warehouse shall not be responsible or liable for any part of any such dealings, including, without limitation, terms and conditions, warranties, or representations associated therewith.
5.3 Dr.’s Equipment Warehouse is not and shall not be a party to any disputes between users of this site, registered or otherwise. You agree to resolve all such disputes without involving Dr.’s Equipment Warehouse.
6. Software, Downloads, Information or Data
6.1 Any software used to operate this site is subject to applicable license terms.
6.2 Any software, information, or data that is downloaded from this site is subject to applicable license terms.
6.3 Some downloads from this site may be subject to government control or other restrictions.
6.4 Any information or data pertaining to your registration on this site needs to be corrected or updated by you following the procedures for such on the site. In the event of any problems pertaining thereto, please immediately notify Dr.’s Equipment Warehouse in writing at [Address].
7. Service/Product Availability
This site may contain references to products and services that are not announced and/or available to you. You should consult a Dr.’s Equipment Warehouse business representative for information regarding the products or services that may be available to you.
8. Agency
If you are accessing or using the site on behalf of another person or entity, you nonetheless agree to assume personal liability for wrongful use or access of this site. You may only access and use this site under your true identity and the true identity of the other person or entity.
9. Communications
9.1 You are permitted to communicate through or to/from this site (hereinafter referred to as “Communications”), provided such Communications shall not be untrue, unlawful, harmful, threatening, abusive, malicious, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of others’ privacy, hateful, or racially, ethnically, or otherwise objectionable.
9.2 You shall assume full responsibility for Communications sent to/from or through this site and shall hold Dr.’s Equipment Warehouse, its parents, subsidiaries, affiliates, officers, directors, shareholders, and employees harmless from any liabilities incurred as a result of or in connection with your Communications. Dr.’s Equipment Warehouse shall have no obligation or liability whatsoever as to any such Communications, including, but not limited to, any Communications posted on any forums of this site.
9.3 Dr.’s Equipment Warehouse is not a party to any user-to-user Communications or forum postings and shall have no obligation or liability with respect thereto. By access to or use of this site, you understand that you may be exposed to Content posted by another user that is defamatory, libelous, offensive, indecent, inaccurate, misleading, harmful, threatening, or otherwise objectionable to you, and you agree that you shall not look to Dr.’s Equipment Warehouse for intervention in or resolution of any dispute relating to such.
9.4 Unless otherwise agreed upon in writing, any Communications transmitted to/from or posted on or through this site by you shall be considered non-confidential and non-proprietary. By sending such Communications, you grant Dr.’s Equipment Warehouse an unrestricted, irrevocable, worldwide, and royalty-free license to use, reproduce, display, perform, modify, transmit, and distribute such. You agree that Dr.’s Equipment Warehouse is free to copy, distribute, incorporate, and otherwise use any data, information, images, sounds, texts, ideas, concepts, know-how, or techniques that you send to or receive from this site for any commercial or non-commercial purpose without limitation.
9.5 Dr.’s Equipment Warehouse may, but shall have no obligation to, monitor, limit, restrict, retain, store, or forward the content of any Communications in Dr.’s Equipment Warehouse’s sole discretion.
9.6 Dr.’s Equipment Warehouse reserves the right at all times to review, retain, store, and/or disclose any Communications (including data and information) as necessary to satisfy any applicable law, regulation, rules, legal process, or governmental request. However, by doing so, Dr.’s Equipment Warehouse does not, either expressly or impliedly, endorse, affirm, or in any manner assume any responsibility for such.
10. Data/Databases/Compilations
The structure, sequence, organization, and assembling of data, databases, compilations, and any derivatives generated therefrom are protected Content. You are not permitted to extract such protected Content from this site except as expressly authorized by Dr.’s Equipment Warehouse.
11. System Performance
The availability of this site and the response time or other performance of this site are not guaranteed at any level or for any period of time. Dr.’s Equipment Warehouse reserves the right in its sole discretion to temporarily or permanently filter or block any traffic, including electronic messages, sent to/from or through this site. Dr.’s Equipment Warehouse is not responsible for any acts or omissions of any internet service provider, network, or carrier.
12. Privacy Policy
The privacy policy of Dr.’s Equipment Warehouse as stated in our Privacy Notice for this site applies. Your agreement with this Legal Notice indicates your agreement with the Privacy Notice for this site. You are hereby notified that Dr.’s Equipment Warehouse does not guarantee nor does it grant any assurances that the site and its Content will not be accessed by unauthorized persons; however, Dr.’s Equipment Warehouse undertakes all commercially practicable steps in accordance with generally accepted computer industry standards to prevent or minimize unauthorized access. Where Dr.’s Equipment Warehouse has requested your consent or agreement on this site, by way of a check the box, click through or other feature, you warrant and represent that you have carefully read the applicable terms and are voluntarily and irrevocably consenting and/or agreeing to the applicable terms, intending to be legally bound. Registered users should refer to Section B 13.5 of this Legal Notice and the Privacy Notice in the event of a change of registration status or a change of how this site should collect, process, and use Personal Information. Non-registered users should refer to the Privacy Notice in the event of a change of how this site should collect, process, and use Personal Information.
B. REGISTERED USERS
13. Registration & Code of Ethics
13.1 By proceeding with the registration on this site, you expressly acknowledge and agree that you are responsible for the payment of any applicable fees outlined in this agreement. Your registration constitutes acceptance of the fee structure, transaction fees, and terms outlined herein.
13.2 You may not use any false/misleading identity or false/misleading affiliation in registering on this site. Your registration on this site must contain truthful and accurate information.
13.3 The General Code of Ethics of this site applies. Your agreement with this Legal Notice indicates your agreement with the Code of Ethics for this site.
13.4 All registered users are subject to Blacklisting terms and Rating terms on this site.
13.5 Dr.’s Equipment Warehouse reserves the right to revoke registered user status for this site of any person or entity in its sole discretion, including, in instances where a registered user is violating the terms of this site.
13.6 In the event you are unable to cancel your registration on your own, you may request that Dr.’s Equipment Warehouse cancel your registered user status for this site by contacting us, in which case you may no longer be able to avail yourself of the offering of this site available to registered users.
13.7 You may unsubscribe from certain features of this site in accordance with the applicable unsubscribe function provided for in this site.
C. REGISTERED USERS UTILIZING SPECIAL SERVICES
14. Special Services
14.1 Special services offered on this site shall be subject to this Legal Notice and the applicable special terms thereof, including, without limitation, Listings, Services Directory, Auction, Buy Now! Auctions, Private Sale, and Dr.’s Equipment Warehouse Advertising/Text Ads.
15. Agreement & Release Regarding Special Services
15.1 Your agreement with this Legal Notice indicates your agreement with terms for special services on this site that you may use. In the event of any conflict, the special services terms shall govern.
15.2 By using the special services of this site, you agree to release Dr.’s Equipment Warehouse, its parents, subsidiaries, affiliates, officers, directors, shareholders, employees, and agents from any and all legal actions under any theory of liability whatsoever against Dr.’s Equipment Warehouse relating to the special services you are using.
D. OTHER TERMS APPLICABLE TO ALL USERS
16. Notices
Any notices from Dr.’s Equipment Warehouse to you shall be deemed given if sent by email or posted on this site, and effective as of the date of the email or the posting. Any notices to Dr.’s Equipment Warehouse from you shall be given in writing.
Fees:
Sellers using our Listing Services are subject to charges, and Buyers availing our Listing Services will also incur charges for these services. These are referred to as Seller’s Commission and Buyer’s Premium.
For Sellers:
The terms and fees applicable to sellers for utilizing our Services to sell goods and services can be found on the Vendor’s Sign-up page. We reserve the right to modify these selling fees, and any such changes will be communicated by posting on the Dr.’s Equipment Warehouse site fourteen (14) days in advance. However, temporary promotions or fee reductions may be implemented without advance notice.
Sellers are responsible for fees related to all sales facilitated through some or all of our Services, even if sales terms are finalized or payment is conducted outside of Dr.’s Equipment Warehouse. Specifically, if you engage in buying or selling activities outside of Dr.’s Equipment Warehouse and share or solicit contact information in this context, you may be obligated to pay a final value fee for the respective item, irrespective of whether the item is sold.
As a seller, it is mandatory to have a valid payment method on file when utilizing our selling Services. All fees and applicable taxes associated with your use of our Services must be settled by the specified payment due date. In instances where your payment method fails or your account becomes past due, we reserve the right to impose restrictions on your account. The Dr.’s Equipment Warehouse Payments Entities, as defined below, may also undertake the collection of owed amounts, as outlined in the Payments Terms of Use, and late fees may be applied.
In the event of payment failure or past-due accounts, Dr.’s Equipment Warehouse, or the designated collection agencies, may report information about your account to credit bureaus. Consequently, late payments, missed payments, or other defaults on your account may be reflected in your credit report. Disputes related to information reported by a collection agency regarding your Dr.’s Equipment Warehouse account must be addressed directly with the respective collection agency.
For Buyers:
To bid or purchase an item on this Site you must be a registered user or as we like to call you, an “Approved Bidder”. A Buyer becomes an “Approved Bidder” by submitting a valid credit card prior to any bid or purchase. Buyers agree to pay a Buyer’s commission and all applicable fees associated with the purchase. Failure to complete the purchase, unless otherwise deemed appropriate by Dr.’s Equipment Warehouse, will result in a restocking fee and being blacklisted from the site. Further verification may take place to confirm the Buyer’s identity in various methods. These methods include, but are not limited to:
- Phone call
- Email verification
- Background/Credit check (based on bid or purchase amount)
17. General Disclaimer & Disclaimer Of Warranty
17.1 This site and the Content provided on this site may be subject to inaccuracies or interruptions, errors, prior modifications, subsequent changes, withdrawal, or discontinuance at any time without notice or reason. The accuracy, completeness, security, and proper functioning of this site and its Content are not guaranteed.
17.2 Dr.’s Equipment Warehouse does not warrant that this site or any linked websites are free of items such as viruses, worms, trojan horses, or other items of a destructive nature. It is your responsibility to take precautions related thereto.
17.3 YOU ARE EXCLUSIVELY RESPONSIBLE TO PROTECT AND BACK UP ANY OF YOUR DATA, AND DR.’S EQUIPMENT WAREHOUSE IS NOT RESPONSIBLE FOR SUCH, INCLUDING, ANY OF YOUR DATA THAT MAY OR MAY NOT BE LOST OR DESTROYED WHATSOEVER THE CAUSE.
17.4 THE CONTENT PROVIDED ON THIS SITE IS PROVIDED “AS IS”. NO WARRANTIES OR REPRESENTATIONS OF ANY NATURE ARE EXTENDED BY DR.’S EQUIPMENT WAREHOUSE, NOR CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE, OR TRADE USAGE, INCLUDING, WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY, WARRANTY OF MERCHANTABILITY, WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
17.5 ANY PRODUCTS OR SERVICES THAT MAY BE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED “AS IS” “WHERE IS”. NO WARRANTIES (EXPRESS OR IMPLIED), INCLUDING, WARRANTY OF MERCHANTABILITY, WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, OR REPRESENTATIONS OF ANY NATURE ARE EXTENDED BY DR.’S EQUIPMENT WAREHOUSE. YOU SHOULD CONSULT THE BUSINESS REPRESENTATIVES OF ANY OFFERING PARTY FOR ANY INFORMATION REGARDING ANY WARRANTY THAT MAY BE AVAILABLE TO YOU FOR THE PRODUCTS OR SERVICES, DIRECTLY FROM THE MERCHANT. NO OFFER OR SOLICITATION IS MADE BY DR.’S EQUIPMENT WAREHOUSE HEREIN, AND NONE MAY BE INFERRED.
18. Limitation Of Liabilities
IN NO EVENT SHALL DR.’S EQUIPMENT WAREHOUSE, ITS AFFILIATES, OR THEIR COUNTERPARTIES BE LIABLE TO YOU FOR ANY DIRECT (EXCEEDING US$1,000.00), INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, TANGIBLE, OR INTANGIBLE DAMAGES THAT YOU MAY INCUR IN CONNECTION WITH YOUR ACCESS TO OR USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOST REVENUE, LOST PROFITS, BUSINESS INTERRUPTION, LOST INFORMATION OR DATA, COMPUTER INTERRUPTION, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES ARISING FROM OR RELATED TO THE USE OF OR INABILITY TO USE THIS SITE, LOSS AND DAMAGES RESULTING FROM INTERCEPTION OF THIS SITE BY THIRD PARTIES OR FROM REACHING OR LEAVING THIS SITE VIA A LINKED SITE, OR THOSE RESULTING FROM ANY CLAIM BY ANY OTHER PARTY; EVEN IF DR.’S EQUIPMENT WAREHOUSE KNEW OR HAD REASON TO KNOW OF THE POSSIBILITY OF SUCH DAMAGES.
19. Non-Exclusive Revocable License
Access to and use of this site and its Content is subject to a limited, non-exclusive, non-transferable, personal, and revocable license from Dr.’s Equipment Warehouse, which is subject to suspension, cancellation, termination, or modification at any time pursuant to the policies of Dr.’s Equipment Warehouse then in effect.
20. Indemnification
By accessing or using this site, you agree to indemnify and hold harmless Dr.’s Equipment Warehouse from any losses or damages, including, without limitation, direct, indirect, punitive, tangible or intangible, incidental, special, or consequential damages, as well as expenses including, but not limited to, attorneys’ fees, arising or resulting from or in any way connected with or related to your access or use of this site, including, any third party claims arising from such.
21. No Assignment/Transfer
Your rights and obligations hereunder are not assignable or transferable. Any attempted or actual assignment or transfer thereof by you shall be null and void unless expressly consented to in a signed document by Dr.’s Equipment Warehouse.
22. Governing Law
22.1 Use of and access to this site shall be governed by the laws of the State of Georgia, U.S.A., without regard to its conflict of laws principles.
22.2 For purposes hereof, the United Nations Convention on Contracts for the International Sale of Goods (CISG) does not apply hereto.
22.3 For purposes hereof, the Uniform Computer Information Transactions Act or any such similar statute as adopted by any jurisdiction does not apply hereto.
23. Mediation/Arbitration
In the event of any controversy or claim arising out of or relating to Dr.’s Equipment Warehouse, its website or operations, or the breach of a transaction thereof, the parties hereto agree first to try and settle the dispute by mediation, administered by the International Centre for Dispute Resolution under its Mediation Rules. If a settlement is not reached within 60 days after service of a written demand for mediation, any unresolved controversy or claim arising out of or relating to this contract shall be settled by arbitration in accordance with the International Arbitration Rules of the International Centre for Dispute Resolution. The language of the arbitration shall be English. Judgment upon the arbitration award may be entered in any court having jurisdiction. YOU EXPRESSLY WAIVE AS TO ANY SUCH CLAIMS: (I) YOUR RIGHT TO PROCEED IN ANY COURT HAVING JURISDICTION, (II) YOUR RIGHT TO JURY TRIAL, (III) YOUR RIGHT TO HAVE ANY STATUTORY CLAIM HEARD IN COURT, AND/OR (IV) YOUR PARTICIPATION IN ANY CLASS ACTION. YOU AGREE THAT THE FOREGOING WAIVERS ARE MATERIAL AND ESSENTIAL AND ARE NON-SEVERABLE FROM THIS ARBITRATION PROVISION. IF ANY WAIVER IS FOUND VOID OR UNENFORCEABLE AS TO ANY CLAIM, THEN THE ARBITRATION PROVISION SHALL BE NULL AND VOID ONLY IN RESPECT TO SUCH CLAIM AND THE ARBITRATION PROVISION SHALL REMAIN VALID CONCERNING ALL OTHER CLAIMS.
24. Superseding Construction & Severability
24.1 Each provision included herein shall be independently enforceable per its terms.
24.2 Should any provision(s) included herein be determined to be invalid, illegal, or unenforceable under applicable law, a valid, legal, and enforceable construction that is closest to the original commercial intent thereof shall be given to and supersede such original provision(s), and the balance hereof shall remain in effect.
25. Survival of Rights & Remedies
25.1 The rights and remedies of Dr.’s Equipment Warehouse hereunder shall be cumulative and may be exercised concurrently or consecutively at Dr.’s Equipment Warehouse’s option and are in addition to the rights and remedies available to Dr.’s Equipment Warehouse at law and in equity and shall survive the end of your access to and use of this site.
25.2 All rights and remedies not expressly provided herein are hereby reserved by Dr.’s Equipment Warehouse.
26. Revision & Amendment
26.1 No modification or amendment of any provision of this Legal Notice shall be valid unless made in writing (including, by electronic means) by Dr.’s Equipment Warehouse.
26.2 Dr.’s Equipment Warehouse reserves the right to revise or amend this Legal Notice at any time and for any reason, and any such revision or amendment shall apply as of the designated date.
27. Execution, Storage, and Transmittal by Electronic Means
27.1 This Legal Notice, all notices/terms/conditions incorporated herein by reference, and any other document on http://www.drequipmentwarehouse.com (“Documents”) are created, exist, and are stored in electronic form, including but not limited to your agreement with Dr.’s Equipment Warehouse consummated on http://www.drequipmentwarehouse.com, whether referring to or incorporating this Legal Notice. By accessing or using the site, you hereby confirm that you have read and understand all applicable terms and that you voluntarily have agreed to such terms electronically.
27.2 Documents shall be transmitted electronically and executed in electronic form unless otherwise designated by Dr.’s Equipment Warehouse.
27.3 For all purposes, electronic signatures shall be deemed original signatures, even where an electronic signature may merely be a computer-generated signature, check the box or a click-through “I agree” feature or other forms of confirmation.
27.4 Documents once created and executed in electronic form or otherwise shall be valid, binding upon the parties, and enforceable in accordance with its terms.
27.5 You further agree that Documents shall be archived in electronic form, and that neither party is required to retain the paper form of a Document after execution, even if it is initially executed in paper form.
27.6 Electronic means does not include any transmittal by facsimile unless otherwise designated by Dr.’s Equipment Warehouse.
27.7 By accessing or using this site, you agree not to contest the applicability or validity of the terms of this Legal Notice or Document.
28. Independent Investigation
YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND CONDITIONS CAREFULLY AND UNDERSTAND AND VOLUNTARILY AGREE TO ALL OF THEM IN THEIR ENTIRETY. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF USING THIS SITE, AND ARE NOT RELYING UPON ANY WARRANTY, REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS EXPRESSLY SET FORTH HEREIN.
29. Entire Agreement
By accessing and using this site, you agree that the terms and conditions contained in the Legal Notice (including those incorporated herein by reference) represent the entire understanding between Dr.’s Equipment Warehouse and you with respect to your access and use of this site, and supersede any prior or contemporaneous, conflicting or additional understanding or communications between you and Dr.’s Equipment Warehouse.