Terms and Conditions

This page contains the Terms and Conditions as well as the disclaimers for Medtrix.com and any user of the website. This is a binding agreement that governs our relationship with you, including the purpose of the website, limitations of liabilities, dispute resolution procedures and restrictions, and specific state-by-state disclosure information if applicable. You can find additional information about our privacy and security practices and how we use your personal information on our Privacy Policy page.

Medtrix.com may be used only under the following Terms and Conditions. If you do not agree with these Terms and Conditions, you must stop using this site immediately.

By submitting your information to us through Medtrix.com, you consent to our disclosure of your information to third parties, if applicable, so that we can respond to your wound care inquiry, or any other inquiry submitted by you to Medtrix.com. You understand and agree that it would be impractical for Medtrix.com to disclose in advance the third parties to whom your personal information will be disclosed in order for such parties to assist or respond to your wound care inquiries (collectively, the “Medtrix.com Network”), as the third parties who may participate in assisting you is subject to many factors, including, but not limited to, your location, the specific facts or subject matter of your inquiry, and the availability of staff who can assist with your inquiry. Given these limitations and variables, you agree that Medtrix.com can use its discretion to provide your personal information to third-party participants of its choosing in the Medtrix.com Network without further notice to you, and that you consent to such third parties contacting you to the same extent and by the same methods as you have consented to receive communications from Medtrix.com. For the avoidance of doubt, you consent to affiliates within the Medtrix.com Network contacting you through telephone calls or text messages sent using an autodialer or containing pre-recorded messages at the telephone number you have provided, even if you are registered on a federal or state do not call list. You acknowledge and agree that Medtrix.com may be compensated for its role in sharing your personal information to its affiliates within the Medtrix.com Network.

Ownership, License and Restrictions on Use

All the text, images, icons, logos, identifying products and services and intellectual property of Medtrix.com belongs to us. All right, title and interest (including all copyrights, trademarks and other intellectual property rights) within Medtrix.com belongs to Medtrix.com. In addition, the names, images, pictures, logos and icons identifying Medtrix.com's products and services are proprietary marks of Medtrix.com and its subsidiaries or affiliates.

Except as provided below, users shall not confer any license or right, by implication, estoppel or otherwise, under copyright or other intellectual property rights. The user of Medtrix.com is hereby granted a nonexclusive, nontransferable, limited license to view and use information retrieved from Medtrix.com provided solely for the user's informational and non-commercial purposes. The user shall not remove or obscure any identifying marks, logos, icons, images or copyright notices or other notices. Except as expressly provided above, no part of Medtrix.com, including but not limited to materials retrieved there from and the underlying code, may be reproduced, republished, copied, transmitted, or distributed in any form or by any means. In no event shall materials from Medtrix.com be stored in any information storage and retrieval system without prior written approval from Medtrix.com.

Links

Medtrix.com does not quality-control links to our site. We are not responsible for any material or information contained on sites that link to us. Users of our site may provide links to us provided (a) the user does not remove or obscure, frame or distort or hide advertisements, the copyright notice or other notices on Medtrix.com; (b) the user provides Medtrix.com with notice of such a link by sending an e-mail to contact@Medtrix.com; and (c) the user discontinues providing links to Medtrix.com if we notify the user to do so.

Disclaimers

Medtrix.com is provided on an "as is" and "as available" basis. We disclaim all warranties of merchantability, fitness for a particular purpose and non-infringement. Medtrix.com disclaims all responsibility for any loss, injury, claim, liability or damage of any kind resulting from, arising out of or in any way related to (a) any errors in or omissions from our site and its content, including but not limited to technical inaccuracies and typographical errors; (b) any third-party websites or content on those sites directly or indirectly access through links on our site, including but not limited to any errors in or omissions therefrom; (c) the unavailability of our site or any portion of it; (d), the user's use of our site; or (e) the user's use of any equipment or software in connection with our site.

Limitation of Liability

A covered party shall not be liable for any direct, indirect, incidental, special or consequential damages of any kind. That includes, without limitation, attorneys' fees and lost profits or savings in any way because of, resulting from or arising in connection with Medtrix.com. Also included is our website content, regardless of any negligence of any covered party. A "covered party" means Medtrix.com, its affiliates, listees and any officer, director, employee, subcontractor, agent, successor or assignee of Medtrix.com, its affiliate and its listees.

Dispute Resolution

In the event that there is a dispute, claim or controversy between you and Medtrix.com, between you and any third party within the Medtrix.com Network, or between you and any third-party communications service or application provider that transmits calls or messages from or on behalf Medtrix.com or any third party within the Medtrix.com Network, and which dispute, claim or controversy arises out of or relates to federal or state statutory claims, common law claims, these Terms, Medtrix.com’s Privacy Policy, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim or controversy will be determined by arbitration in Miami, Florida before one arbitrator. The arbitration will be administered by JAMS. For claims greater than $250,000, the JAMS Comprehensive Arbitration Rules and Procedures in effect at the time the arbitration is commenced will apply. For claims less than or equal to $250,000, the JAMS Streamlined Arbitration Rules in effect at the time the arbitration is commenced will apply. The arbitrator will apply the substantive law of the State of Florida, exclusive of its conflict or choice of law rules. Nothing in this paragraph will preclude the parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. The parties acknowledge that this Agreement evidences a transaction involving interstate commerce. Notwithstanding the provision in this paragraph with respect to applicable substantive law, the Federal Arbitration Act (9 U.S.C. §§ 1- 16) will govern any arbitration conducted pursuant to these Terms. Either party may commence arbitration by providing to JAMS and the other party to the dispute a written demand for arbitration, setting forth the subject of the dispute and the relief requested (“Arbitration Demand”).

To the fullest extent permitted by law, each of the parties agrees that any proceeding, whether in arbitration or in court, will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than through arbitration, each party knowingly and irrevocably waives any right to trial by jury in any action, proceeding or counterclaim arising out of or relating to this Agreement or any of the transactions contemplated hereby.

The appointed arbitrator may award monetary damages and any other remedies allowed by the state law designated above. In making his or her determination, the arbitrator will not have the authority to modify any term or provision of these Terms. The arbitrator will deliver a reasoned written decision with respect to the dispute (the “Award”) to each party, who will promptly act in accordance the Award. Any Award (including interim or final remedies) may be confirmed or enforced in any court having jurisdiction, including any court having jurisdiction over either party or its assets. The decision of the arbitrator will be final and binding on the parties, and will not be subject to appeal or review. Each party will advance one-half of the fees and expenses of the arbitrator, the costs of the attendance of the court reporter at the arbitration hearing, and the costs of the arbitration facility. In any arbitration arising out of or related to these Terms, the arbitrators will award to the prevailing party, if any, costs and attorneys’ fees reasonably incurred by the prevailing party in connection with that aspect of its claims or defenses on which it prevails, and any opposing awards of costs and attorneys’ fees awards will be offset. The parties will maintain the confidential nature of the arbitration proceeding, the hearing and the Award, except as may be necessary to prepare for or conduct the arbitration hearing on the merits, or except as may be necessary in connection with a court application for a preliminary remedy, or confirmation of an Award or its enforcement, or unless otherwise required by any applicable law. Any documentary or other evidence produced in any arbitration hereunder will be treated as confidential by the parties, witnesses and arbitrators, and will not be disclosed to any third person (other than witnesses or experts), except as required by any applicable law or except if such evidence was obtained from the public domain or is otherwise obtained independently of the arbitration.

Changes to Terms and Conditions

We reserve the right to change the Terms and Conditions of Medtrix.com at any time and without notice. Users should review this page on a regular basis for any changes. Use of this website following any changes constitutes a user's acceptance of changes.

Miscellaneous

You warrant and represent to Medtrix.com that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this agreement will otherwise remain in full force and effect and enforceable. You agree that all agreements, notices, disclosures, and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing. Any new features, changes, updates or improvements of this website or services provided to you by Medtrix.com shall be subject to these Terms unless explicitly stated otherwise in writing.