PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE MEDIBID SITE.

By using this site, you signify that you have read and assent to these Terms and Conditions of Use.

If you do not agree to all of these Terms and Conditions of Use, do not use this site. MediBid reserves the right to update these Terms and Conditions of Use at any time. Your continued use of the website means that you accept those changes. You are urged to reference the Terms and Conditions of Use each time you access this site.

This site does not provide medical advice, nor recommend or endorse any of the health care providers responding to inquiries submitted through the site. MediBid does not evaluate whether any health care provider accessible through this site possesses the education, experience, licensing requirements or competency to provide health care required to meet your needs. MediBid does not recommend or endorse any health care provider accessible through this site in any capacity. While this site matches health care providers who have indicated an ability to assist you with your health care needs, the selection of a health care provider and the evaluation of the provider’s ability to fully and competently meet your needs is your decision for which you assume all responsibility. Reliance on any information obtained from the use of this site or from any of the health care providers accessed through this site is solely at your own risk.

The content of this site, including all text, graphics, images, information and other material (“Content”) contained on the site, are intended for informational and educational purposes only. The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. The Content is for general informational purposes only and is not to be taken as medical advice or treatment information. While MediBid strives earnestly to update the Content, any individual reliance on the Content is at your own risk.

Always seek the advice of your physician or other qualified health care provider with any questions you may have regarding your medical condition. Never disregard professional medical advice or delay seeking it because of something you’ve read on any website.

Use of Content

The Content is protected by copyright under United States and foreign laws. Title to the Content remains with MediBid or its licensors. MediBid authorizes you to view or download a single copy of Content solely for your personal, noncommercial use. You may make a copy of the Content solely for your personal, noncommercial use if you include the following copyright notice: “Copyright ©2018, MediBid, Inc. All rights reserved” and other copyright and proprietary rights notices that are contained in the Content on any such copy. You may not modify or distribute the Content nor otherwise use or copy the Content, without the express written permission of MediBid.

Any use of the Content not expressly permitted by these Terms and Conditions of Use is a breach of these Terms and Conditions of Use and may infringe on MediBid’s or its licensors’ copyright, or trademark rights, or violate other laws. If you use any of the Content in a manner not expressly permitted, your permission to use the Content automatically terminates and you must then destroy any copies (whether in downloaded or tangible copy form) you have made of the Content.

Disclaimer of Liability of MediBid and Its Licensors

The use of the site and its Content is at your own risk. MediBid does not guarantee the accuracy of the Content. MediBid disclaims all liability or responsibility for injury or impairment experienced by you if you utilize any of the health care providers accessed through this site.

When using the site, information is transmitted over the Internet, a medium which is beyond the control of MediBid. Accordingly, we assume no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of this site.

The site and the Content are provided on an “as is” basis. MediBid and its licensors, to the fullest extent permitted by law, disclaim all warranties, either expressed or implied, statutory or otherwise, including but not limited to the implied warranties of merchant ability, non-infringement of third party rights, and fitness for a particular purpose.

Specifically, MediBid makes no representations or warranties about the following:

1. The education, experience, licensing status or competency of any of the health care providers responding to inquiries submitted through the site to provide the health care needed to meet your needs.

2. The accuracy, reliability, completeness, currency, or timeliness of the Content, software, text, graphics, links, or communications provided on or through the use of a site.

3. The satisfaction of government regulations requiring disclosure of information on medical services with regard to the Content contained on the site.

In no event will MediBid be liable for any damages (including, without limitation, direct, indirect, incidental, special, consequential or exemplary damages, damages arising from personal injury/wrongful death, and damages resulting from lost profits, lost data or business interruption), resulting from any services provided by any health care provider accessed through this site, whether based on warranty, contract, tort, or any other legal theory and whether or not MediBid is advised of the possibility of such damages.

In no event shall MediBid, its licensors, or any third party(ies) mentioned on the site be liable for any damages (including, without limitation, direct, indirect, incidental, special, consequential or exemplary damages, damages arising from personal injury/wrongful death, and damages resulting from lost profits, lost data or business interruption), resulting from the use or inability to use the site or the Content, whether based on warranty, contract, tort, or any other legal theory and whether or not MediBid is advised of the possibility of such damages. MediBid is not liable for any personal injury, including death, caused by the use or misuse of the site or the Content.

User Submissions

You agree that you will not upload or transmit any communications or content of any type that infringes or violates any rights of any party. You agree that any such submission is non-confidential for all purposes. If you make such submission, you are warranting that the owner of such content has expressly granted a royalty free, perpetual, irrevocable, worldwide nonexclusive right to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or Content in any media or medium, or any form or format now known or hereafter developed.

Registration and Purchases

Registration on MediBid.com is free for Seekers (patients), Bidders (health care professionals and facilities), Buyers and Sellers of medical equipment. Registration constitutes the creation of a Profile by providing Registration Data to MediBid. Use of the needs-matching service is purchased as outlined below. There are no refunds.

I. Seekers (patients) can purchase one bid request for $100 which may only be used for your own personal use (or for your minor dependent) and may only be used for non-commercial needs. Any violation of this policy will be treated as a breach of our terms and conditions.

II. Bidders (Medical Facilities, Doctors, and other Healthcare Professionals) can purchase:

a) a Premium Individual Physician or Healthcare Professional Profile for $249.99 per year. The number of bids that can be submitted and categories that can be offered is unlimited.

b) a Hospital, Surgery Center, or other Medical Facility enhanced listing which includes up to three images, profiles of all participating doctors and medical professionals, and an unlimited number of categories offered and an unlimited number of bids submitted.

The rates are as follows:

Separately Registered and Linked Physicians: $750 annual registration or $75 per month

1-10 Registered Physicians: $1,000 annual registration or $100 per month

11-25 Registered Physicians: $2,000 annual registration or $200 per month

26-50 Registered Physicians: $3,000 annual registration or $300 per month

51-75 Registered Physicians: $4,000 annual registration or $400 per month

76+ Registered Physicians: $5,000 annual registration or $500 per month

Bidders that subscribe with a promotion that includes a free trial for a specified period of time are subject to an automated renewal of services at the full yearly or monthly rate the account is registered under unless cancelled at least 72 hours prior to the end of the promotion.

Registration and can be cancelled in writing by emailing info@medibid.com or faxing   888-720-7261.

MediBid reserves the right to decline registration and/or purchases from anyone.

III. Medical Equipment Buyers and Sellers

a) Listing an item is $50. Buyers: For this service, MediBid charges a transaction fee of 5% of the first $20,000 and 3% of anything over $20,000. So if an item sells for $200, the fee is only $10. If an item sells for $20,200 the fee is $1,006.

b) MediBid does not participate in, nor is responsible for, any additional transaction between the Seller and the Buyer.

c) The Buyer agrees to pay the seller directly  for the remainder of the amount owed on the item.

d) The Seller agrees that the item they are selling is exactly as described, and that the item will arrive in the Buyer’s possession, in the same condition, in a reasonable amount of time after receiving payment.

Renewal

To prevent service interruption, Memberships are subject to automatic renewal at the end of the agreement period. To stop automatic renewal, Memberships must be cancelled 72 hours prior to the end of the agreement period of the current Membership. Upon cancellation, Member’s profile will be removed from MediBid.com in its entirety. All access to Bid and/or Buy and Sell will be terminated. Renewal rates shall be 10% under the current membership rate. Automatic renewal constitutes an agreement to the current Terms of Use in effect on that date. User is responsible for all Membership Fees, and hereby authorizes MediBid to obtain payment of all such Membership Fees in accordance with the Payment Information, as stated on within the MediBid Web site.

Buying and Selling

Membership to MediBid.com is required to Buy or Sell within the Medical Equipment portal. Bidder memberships include access to Buying and Selling. Buyer and Seller memberships do not include access to Bidding. MediBid is not responsible for the quality or condition of any item listed for sale within the Medibid Web Site. In addition to Membership Fees, all Sellers agree to allow MediBid to withhold a portion of the purchase price as a service fee to MediBid upon the completion of a transaction performed through MediBid’s Web site in compliance with policies posted on the “Sellers” page of MediBid.com. Buyers shall submit a portion of the purchase price to MediBid upon agreement to purchase an item listed for sale on MediBid in compliance with the policies posted on the “Buyers” page of MediBid.com

Indemnity

You agree to defend, indemnify, and hold harmless MediBid, its officers, directors, employees, agents, licensers, and suppliers from and against any claims, actions or demands, liabilities, and settlements, including without limitation reasonable legal and accounting fees resulting from or alleged to result from your violation of these Terms and Conditions of Use.

International

MediBid makes no claims that the Content is appropriate or may be downloaded outside of the United States. Access to the Content may not be legal by certain persons or in certain countries. If you access the site from outside the United States, you do so at your own risk and you are solely responsible for compliance with the laws of your jurisdiction.

Jurisdiction

You expressly agree that exclusive jurisdiction for any dispute with or in any way relating to your use of the MediBid site, resides in the Courts of State of Delaware, and further agree and expressly consent to the exercise of personal jurisdiction in the Courts of the State of Delaware in connection with any dispute including any claim involving MediBid or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers.

These Terms and Conditions are governed by the laws of the State of Delaware, without respect to its conflicts of law principles. If any provisions of these Terms and Conditions are found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

Complete Agreement Except as Expressly Provided in a Particular “Legal Notice” on the Site

These Terms and Conditions constitute the entire agreement between you and MediBid with respect to the use of the MediBid site and Content. Your use of the site is also subject to the disclaimers and policies posted herewith.