Terms and Conditions
Welcome to the Medmoda website (the “Website,” “we,” “us,” or “our”). By using the Website, you agree to follow and be bound by the following rules below (“Terms”). If you do not agree to these Terms, please do not use this Website in any way. Please read the following Terms as they govern your use of the Website and the purchasing of products or services from the Website (“Products” or “Services”).
Medmoda reserves the right to modify these Terms at any time without prior notification. Please review this page periodically for changes. The use of our Website at any time constitutes full acceptance of our Terms as currently effective. EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION AGREEMENT BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND MEDMODA WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
USAGE RESTRICTIONS
All of the content that appears on the Website including all product depictions, photos and digital images, text, audio and video clips are subject to copyright protections and/or other intellectual property rights or licenses held by Medmoda. Medmoda grants you a limited license to access and make personal use of the content on this website. The Website is intended solely for the personal, noncommercial use by the users of our Website.
DIGITAL MILLENNIUM COPYRIGHT ACT
If you believe any materials on the Website infringe your copyright, or a copyright belong to a third party in violation of the Digital Millennium Copyright Act, you may request removal of those materials (or access thereto) from the Website by contacting our copyright agent (identified below) and providing the following information:
1. Identify the copyrighted work that you believe to be infringed. Please provide a copy of your copyright certificate, describe the work, and include a copy or the location (e.g., URL) of the work.
2. Identify the material that you believe is infringing on your copyrighted work and its location. Please describe the material and provide its URL and other pertinent information that will allow us to locate the material.
3. Provide your name, address, telephone number and e-mail address.
4. Provide a statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
5. Provide a statement that the information that you have supplied is accurate and indicating that “under penalty of perjury,” you are the copyright owner or are authorized to act on the copyright owner’s behalf.
6. A signature or the electronic equivalent from the copyright holder or authorized representative.
Medmoda’s agent for copyright issues is as follows:
Huffine Chung LLP
Attn: General Counsel for Medmoda
2202 S. Figueroa St. #356, Los Angeles, CA 90007
Email: mchung@huffinechung.com
ELIGIBILITY TO USE THE WEBSITE
Using the Website is intended for adult users at least 18 years of age. This Website is not intended for children or anyone under the legal age of adulthood.
YOUR CONTACT INFORMATION
Medmoda may contact you or provide you with product-related or promotional notices by means of email, general Website notifications, and other means using the contact information you provided to us. You can opt out of receiving marketing emails from us at any time by clicking the “Unsubscribe” link at the bottom of each email or via the “Contact” page with the word Unsubscribe in the subject field of the email. Please note that even if you unsubscribe or opt-out, we may still send you transactional, order, Website and Product related communications (e.g., emails related to your orders or comments).
PRODUCT IMAGES AND DESCRIPTIONS
We are committed to providing customers with great quality Products that are accurately described and presented on the Website. However, please be aware that our Website’s representations of product colors, styles, sizes, and other details may vary or differ from the actual product’s color, style, size, or other details due to differences in colors and image quality that may occur from one display device to another. If you are not satisfied your purchase, please review our Returns & Exchanges section for further assistance.
FINAL SALE POLICY
Products denoted as Final Sale are not eligible for exchange, credit or refunds. Price adjustments will not be provided to previous orders. In particular, personal protective equipment such as face coverings and masks are final sale items at time of checkout and are not returnable. Please review our Returns & Exchanges section for further assistance.
WHOLESALE AND BULK ORDERS
Wholesale and bulk sale orders (50+ items) are subject to the terms and conditions of sale and shipping terms agreed upon on the wholesale/bulk purchase order. In certain situations, wholesale and bulk orders may be returnable for exchange or credit only for non-conforming goods or manufacturing defect so long as the customer notifies Medmoda in writing by email to wholesale@medmodabrand.com within 5-days of delivery with a description and photographs of the goods that are claimed to be non-conforming or defective. If Medmoda determines the goods may be returned, customer shall return the Products in their original shipping carton properly sealed with the remaining individual units unopened and undamaged. Wholesale and bulk orders are final sales after 5 days of customer’s receipt of goods.
WEBSITE USE
You cannot access or use the Website for any illegal or unauthorized purpose. Harassment in any manner or form of the Website, including via e-mail and chat or by obscene or abusive language, is strictly forbidden. Although Medmoda cannot monitor the conduct of its users, it is a strict violation of these Terms to use any information obtained from our Website in order to harass, abuse or harm another person, or in order to contact, advertise, solicit or sell to any user without his/her prior explicit consent. Also, you agree that no comments or other user submissions submitted by you to the Medmoda website will violate any right of any third party, including copyright, trademark, privacy or other personal rights. You further agree that no comments submitted by you to the Website will be or contain libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any comments you make.
USER SUBMISSIONS
Medmoda strives to create an interactive relationship with the members of its Website and services. User comments, feedback, suggestions, ideas, and other submissions disclosed, submitted or offered to Medmoda on or by this Website shall be and remain Medmoda property. Users assign all property rights and interests to Medmoda allowing our company unlimited use, commercial or otherwise, of any comments. Furthermore, Medmoda shall be under no obligation (1) to maintain any comments in confidence; (2) to pay to users any compensation for any comments; or (3) to respond to any user comments.
CORRECTION OF WEBSITE ERRORS
The information on the Medmoda website may contain typographical errors or inaccuracies. We reserve the right to update any information we see fit at any time without prior notice. Please note that such errors may relate to product information, pricing and availability. In these instances, we shall have the right to terminate any orders involving pricing errors or inaccuracies. We apologize for any inconveniences.
ACCOUNT AND PASSWORD
If you establish an account with us, you will be requested to select an ID and password. You promise to provide us with accurate, complete, and updated registration information about yourself. To keep your account secure, you are responsible to protect the security of your account and not share your account ID or password with anyone, You are responsible for all activity associated with your account.
You represent and warrant that you are of legal age to form a binding contract (or if not, you have received your parent’s or guardian’s permission to access the Website and to agree to these Terms on your behalf). If you are agreeing to these Terms on behalf of an organization or entity, you represent and warrant that you are authorized to agree to these Terms on that organization or entity’s behalf and bind them to these Terms (in which case, the references to “you” and “your” in these Terms, except for in this sentence, refer to that organization or entity).
INDEMNITY
By use of this Website, Services or Products, you agree to indemnify and hold harmless Medmoda and its owners, parent company, officers, directors, agents, subsidiaries, joint ventures, and employees from any third party claim or demand, as well as losses, expenses, damages, fees (including attorneys’ fees and court costs) and other costs, resulting from your violation of these Terms or any activity related to your account (including negligent or wrongful conduct), and your access to and use of the Website, Services and Products (unless otherwise prohibited by applicable law). We reserve the right, at our own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with us in asserting any available defenses. You further agree that the provisions in this section will survive any termination of your Account, the Terms or your access to the Website and/or Services.
TERMINATION OF WEBSITE, SERVICES OR ACCOUNT
Medmoda reserves the right, in its sole discretion, to restrict, suspend or terminate your access to all or any part of the Website, Services, including your account, at any time for any reason without prior notice or liability. In the event of termination of the Website, Services, or account, you will still be bound by your obligations under these Terms, including the warranties made by you, and by the disclaimers and limitations of liability. Medmoda shall not be liable to you or any third-party for any termination of your access.
THIRD PARTY LINKS
To improve our Website, Medmoda may use and promote services provided by outside third parties. However, even if the third party is affiliated with Medmoda, we do not control these services and make no representations regarding these persons or entities. We make no warranties or representations regarding these third-party sites, and we are not liable or responsible for the accuracy, completeness, timeliness, reliability or availability, available products or services, of any such sites. Third party sites linked on our Website, all of which have separate privacy and data collection practices, are only for your convenience and therefore you access them at your own risk.
We are not responsible or liable for any loss or damage of any sort incurred as a result of any dealings with any third party website or merchant or operator of such a third party website. You access and use of these third-party websites and their services or products at your sole risk.
DISCLAIMER OF WARRANTIES
All content, Products, and Services on the Website, are provided to you “as is” without any guarantees or warranty of any kind, either express or implied including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose, title, non-infringement, security or accuracy. Use of the Website, Products and Services at the user’s risk.
LIMITATION OF LIABILITY
Medmoda and its owners, parent company, officers, directors, agents, subsidiaries, joint ventures, and employees shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to loss of revenue, profits, goodwill, use of data, lost opportunities or business interruptions (or other intangible losses) that result from your access and use of, or your inability to access or use, the Website, Services on this Website or the performance of any its Products (even if Medmoda was advised of, knew of or should have known of the possibility of such damages) and regardless of whether such damages are based in contract, tort (including negligence and strict liability), warranty, statute or otherwise, unless prohibited by applicable law. Our total liability for claims related to your use of the Website, Services and Products is limited to the (a) the total amount of the order of Products giving rise to liability or (b) $500, whichever is greater.
LIMITATION ON LEGAL ACTION
You and Medmoda agree that any cause of action arising out of or related to the Website or Services must be initiated within one (1) year after the cause of action arises. Otherwise, such cause of action is permanently barred.
ARBITRATION AGREEMENT
Please read this Arbitration Agreement carefully because it requires you to arbitrate certain disputes and claims with Medmoda and limits the manner in which you can seek relief from Medmoda. Both you and Medmoda acknowledge and agree that for the purposes of any dispute arising out of or relating to the subject matter of these Terms, Medmoda’s officers, directors, employees and independent contractors (“Personnel”) are third party beneficiaries of these Terms, and that upon your acceptance of these Terms, Personnel will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as the third party beneficiary hereof.
Any dispute arising out of or relating to the subject matter of these Terms shall be finally settled by binding arbitration in Los Angeles, California. The arbitration will proceed in the English language, in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. (“JAMS”) then in effect, by one commercial arbitrator who shall be selected from the appropriate list of JAMS arbitrators in accordance with such its rules. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction. Notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction. The JAMS rules will govern payment of all arbitration fees.
Notwithstanding the foregoing, either you or Medmoda may assert claims, if they qualify, in small claims court in the County of Los Angeles, State of California or the United States county where you live.
YOU AND MEDMODA WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR JURY. You and Medmoda are instead choosing to have claims and disputes resolved by arbitration. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court. In any litigation between you and Medmoda over whether to vacate or enforce an arbitration award, YOU AND MEDMODA WAIVE ALL RIGHTS TO A JURY TRIAL and elect instead to have the dispute be resolved by a judge.
ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If, however, this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor Medmoda is entitled to arbitration; instead all claims and disputes will be resolved in a court as set forth in main below.
In any circumstances where the foregoing arbitration agreement permits either you or Medmoda to litigate any dispute arising out of or relating to the subject matter of these Terms in court, then the foregoing arbitration agreement will not apply to either party and both you and Medmoda agree that any judicial proceeding (other than small claims actions) will be brought in the state or federal courts located in the County of San Diego, State of California.
If any part of this Arbitration Agreement is deemed to be invalid, unenforceable, or illegal, or otherwise conflicts with the JAMS rules, the balance of this Arbitration Agreement shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein.
This Arbitration Agreement will survive the termination of your relationship with Medmoda.
Additional Terms & Conditions for Businesses (Wholesale and Bulk Orders)
By placing a wholesale or bulk order (50+ items) to purchase Medmoda products from the Website or directly from Medmoda, you agree to be bound by the above Terms and Conditions (the “General Terms”) and these Additional Terms and Conditions that are applicable to business customers (“Additional Terms”), each as in effect from time to time. Medmoda reserves the right to modify these Additional Terms at any time without prior notification. You may use your own purchase order form to place orders with Medmoda, but no terms or conditions appearing on your own purchase order form shall have any effect unless expressly agreed to in writing by Medmoda.
BUSINESS CUSTOMER’S AUTHORIZATION
By placing an order for Medmoda products as a business customer, you consent and authorize Medmoda to use your company name and logo in Medmoda’s online promotional and marketing materials and to otherwise identify your company as a Medmoda customer.
PAYMENT TERMS AND SHIPPING
Unless otherwise expressly agreed to by you and Medmoda in writing, Products (and any applicable sales tax and shipping charges) must be paid for in advance via credit card or wire transfer. Medmoda shall not be responsible for any shipping delays or damage to Products caused by a carrier.
RETURNS AND EXCHANGES
If you are not satisfied with your purchase, please review our Returns & Exchanges section for further assistance. Personal protective equipment, face coverings, and masks are FINAL SALE ONLY and are not eligible for return or refund. Any defective masks should be reported within 5 days of customer’s receipt of the Products.
USE OF PRODUCTS; RESALE RESTRICTION
With the exception of authorized resellers who are business-to-business customers of Medmoda’s wholesale line, you represent and warrant that any Medmoda products purchased by you will be solely for personal use by you, your employees, and/or other people under your management or supervision, and such Products may not be resold or marketed for resale without Medmoda’s advance written consent. In the event that Medmoda does authorize to you to resell Products, additional resale terms and conditions will apply.
GOVERNING LAW
These Terms are governed by the laws of the State of California without giving effect to its choice of laws principles, and consistent with the Federal Arbitration Act.
CONTACT US
If you have questions regarding these Terms, please email us at customerservice@medmodabrand.com or for wholesale and bulk orders at wholesale@medmodabrand.com.
