Terms of Use

Thank you for using MedicallyEquipped.com. These Terms of Use set forth the policies, rules, and regulations that govern your use of the MedicallyEquipped.com website (the "Website") and any related MedicallyEquipped.com products or services (the "Service"). By using the Website or the Service, you agree to these Terms of Use. If you do not agree to these Terms of Use, you may not use the Website or the Service.

In these Terms of Use, "you," "your," or "User" means any person or entity using the Website or the Service. Unless otherwise stated, "MedicallyEquipped.com," "we," or "our" will refer to MedicallyEquipped.com, LLC.

Contacting MedicallyEquipped.com

Please write to us at customer-service@MedicallyEquipped.com if you have any questions or to any other MedicallyEquipped.com address as may be specified in these Terms of Use. You can also speak with one of our representatives by calling toll free 1-888-963-3378. We are available five (5) days a week, 7:00 AM to 7:00 PM, Eastern Time.

Notices and communications to MedicallyEquipped.com must be sent to the applicable address given in these Terms of Use or to customer-service@MedicallyEquipped.com. All notices, authorizations, and requests shall be deemed given on receipt.

Changes

MedicallyEquipped.com may modify these Terms of Use from time to time and such modification shall be effective upon posting by MedicallyEquipped.com on the Website. You agree to be bound to any changes to these Terms of Use when you use the Website or the Service after any such modification is posted. It is therefore important that you review these Terms of Use regularly to ensure you are aware of any changes.

Entire agreement

These Terms of Use, including the documents referenced in these terms as well as any other terms and conditions provided to you by MedicallyEquipped.com when using certain features of the Website or Service, are the entire agreement between you and MedicallyEquipped.com regarding the Website and the Service. These conditions will supersede any terms and/or conditions you include with any purchase order, regardless of whether MedicallyEquipped.com signs them or not.

Third party sites

This Website and the Service may contain links to or from other sites on the Internet that are owned and operated by third parties, including third parties with whom MedicallyEquipped.com has a contractual affiliation or strategic relationship. You acknowledge that MedicallyEquipped.com is not responsible for the operation of or content located on or available through any such site. Your use of such third party sites, and products and services available through such sites, is governed by the applicable terms of such third party.

Proprietary rights

This Website and the Service are owned and operated by Medically Equipped, LLC. Unless otherwise specified, all materials appearing on this Website, including the text, site design, logos, graphics, bibliographic information, icons and book and other product cover images, as well as the selection, assembly and arrangement thereof, are the sole property of MedicallyEquipped.com and its licensors. You may use the content of this Website only for the purpose of shopping on this Website or placing an order on this Website or through the Service and for no other purpose. No materials from this Website or the Service may be copied, reproduced, modified, republished, uploaded, posted, transmitted, or distributed in any form or by any means without MedicallyEquipped.com's prior written permission. All rights not expressly granted herein are reserved. Any unauthorized use of the materials appearing on this site may violate copyright, trademark, and other applicable laws and could result in criminal or civil penalties.

If you want to report claims of intellectual property rights infringement to MedicallyEquipped.com, please see Reporting Infringement section below.

Privacy

MedicallyEquipped.com agrees not to sell your personal information to any third party. By entering into these Terms of Use, you agree that MedicallyEquipped.com may collect, retain and use your personal information, including your name, address, email address, and payment details. Your personal information will be used primarily to provide the Service to you. MedicallyEquipped.com may also use your personal information for additional communication with you, subject to applicable laws. MedicallyEquipped.com may engage companies and individuals ("Subcontractors") to perform functions on MedicallyEquipped.com's behalf, such as payment processing, order fulfillment, marketing programs, and customer service. MedicallyEquipped.com may share information with such Subcontractors in order to perform these and other functions, but such Subcontractors will not be allowed to use your personal information for other purposes unless you agree. For more detailed information in the collection and use of your personal information, please read MedicallyEquipped.com's privacy policy.

Description of service

The Service is an online book company that offers, new, used and rental services, in which Users can purchase new books and used books. Users can also rent books from MedicallyEquipped.com (or a third party) for a specified period of time.

Service modifications

MedicallyEquipped.com reserves the right in its sole discretion to make changes to the Website and the Service at any time. Any description of the Service provided by MedicallyEquipped.com is not a representation that the Service is or will always work in that manner, as MedicallyEquipped.com is continuously updating the Website and the Service, and these updates may not always be reflected in these Terms of Use.

Age and residence requirements

You must be 18 years of age or older to register for an account for use of the Website and the Service. Your account may be terminated without warning if we believe that you are under the age of 18. All financial transactions will be processed in U.S. dollars.

Account and registration

You may have one account that will identify you and will allow you to use the Website and the Service. You may not create more than one account for the Website. You may not create an account for anyone else. All information used to create an account must be accurate and complete. You may not impersonate any other person or use a name that is not your own. It is your responsibility to update your information to keep your account current and accurate. When you set up an account, you will also be asked to choose a password. You are solely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another User at any time or to disclose your password to any third party. You agree to notify MedicallyEquipped.com immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account. MedicallyEquipped.com has the right to terminate your account for any reason at our sole discretion.

A MedicallyEquipped.com account needs an active credit card on file which is tied to an account at a financial institution (prepaid credit cards may not be used).

Fees

All shipping fees that MedicallyEquipped.com will charge a user will be clearly displayed during checkout. MedicallyEquipped.com will store your credit card information, and you hereby acknowledge and agree that MedicallyEquipped.com may charge you for any lost, stolen, or damaged books. MedicallyEquipped.com will charge an additional amount to your credit card if you choose to buy any book at any time during the rental period. By renting a book from MedicallyEquipped.com, you agree to the storing of your credit card and/or debit card information and you also agree to any additional charges that MedicallyEquipped.com deems necessary due to user misuse of the Service, including, without limitation, any fees resulting from damages to rented books, lost or stolen books, late fees, auto extensions, and/or unreturned books. You agree that we may, at our sole discretion, send your account to a collection agency if you fail to pay all fees due and owing to MedicallyEquipped.com

Email

You agree that any notifications or receipts from MedicallyEquipped.com will be delivered to you by email at the email address you have provided to MedicallyEquipped.com when you created your account or as later updated. You hereby agree and acknowledge that MedicallyEquipped.com is not responsible to notify you in any way other than by email and that any notifications are a courtesy; you remain responsible for minding the due date(s) whether you receive communication from MedicallyEquipped.com or not.

You acknowledge that MedicallyEquipped.com will not ask you for your personal information, account username, and password, or any of your credit card information via email. MedicallyEquipped.com will have no responsibility for any misuse of such information if you provide such information via email.

Account cancellation

You may cancel your account at any time by sending an email to customer-service@MedicallyEquipped.com. Your account will only be cancelled and closed after you have returned all books that have been rented to you and all transactions have been processed including payment of assessed penalties or the cashing of any refund check. If you do not access your account within two years, MedicallyEquipped.com has the right to cancel your account at its sole discretion.

Payments/Processing

Any person who desires to use any Service must have a confirmed credit card in order to make payments to MedicallyEquipped.com. MedicallyEquipped.com accepts Visa, MasterCard, Discover, Amex, and Diners Club cards. MedicallyEquipped.com reserves the right to store your credit card information and to charge it if you have not followed all of the agreements and policies set forth in these Terms of Use and on the Website. MedicallyEquipped.com will make reasonable efforts to process your transactions in a timely manner. You agree not to hold MedicallyEquipped.com responsible in the event MedicallyEquipped.com does not credit or debit your credit card for a period of time due to circumstances beyond MedicallyEquipped.com's control. MedicallyEquipped.com makes no guarantees regarding the processing time for charges.

Stolen accounts

It is your responsibility to keep your account information private. In the event that your account is used by an unauthorized party, you may cancel it immediately; however, MedicallyEquipped.com is not responsible for any amounts that were charged on your account.

Order acceptance policy

Receipt of any order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. MedicallyEquipped.com reserves the right, after receipt of your order, to accept or decline your order for any reason or to supply less than the quantity you ordered of any item. Cancellations will occur within forty-eight and you will be notified by email.

Credit cards

We accept the following credit cards: Visa, MasterCard, Discover, Amex, and Diners Club. There is no surcharge for using any of these credit cards to make purchases from MedicallyEquipped.com. Please be sure to provide the address and phone number your financial institution has on record, as well as the card's CVV. Incorrect information will likely cause a delay in processing your order.

Out-of-stock products

Products ordered by 12:00 PM, Pacific Time, Monday through Friday (excluding holidays) are usually shipped the same day. However, if an item is out of stock, your order may be delayed. We will notify you of any book which is unavailable for immediate shipment. You may cancel any item not being prepared for shipment. You may request a cancellation through the "My Account" section of the site or by contacting customer service.

Multiple product orders

We attempt to ship all products contained in each order at the same time and in the same package. However, products that are unavailable at the time of shipping will be shipped as they become available, unless cancelled. You will be charged MedicallyEquipped.com's advertised prices plus sales tax and shipping charges. The entire shipping charge will be applied to the first product shipped on a multiple-shipment order.

List prices

The list prices that are displayed on the Website come from bibliographic information that we receive from leading third party sources and major publishers. Each list price is the publisher's suggested retail price. If a title does not have a publisher's suggested list price, the Website will not show a list price in its on-line catalogue.

Typographical errors

If a product is listed at an incorrect price due to typographical error or an error in pricing information received from our suppliers, MedicallyEquipped.com shall have the right to refuse or cancel any order, whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged and your order is canceled, MedicallyEquipped.com will issue a credit to your credit card account.

Refunds

Our Hassle Free 365-Day refund policy guarantees that items postmarked within 365 days of the date you place your order are eligible for a full refund excluding any shipping and handling charges. Please be sure to include a copy of your order with the return so that we may efficiently issue you credit. You may obtain a copy of your invoice from your "My Account" page on our website.

Shipping to you

MedicallyEquipped.com will make reasonable efforts to ship any book purchased or rented within two days of the transaction, but MedicallyEquipped.com does not guarantee the shipment time. You agree to not hold MedicallyEquipped.com responsible for shipping problems that may cause your package to arrive late or to be damaged in transit. MedicallyEquipped.com uses FedEx as the primary means of shipping for all orders fulfilled from our warehouse (currently located in New Jersey). We strive to send any Standard Shipping orders to PO Boxes via USPS, but cannot guarantee delivery; street addresses are preferred.

Some orders are fulfilled by MedicallyEquipped.com partners who may employ such carriers as UPS, USPS, and FedEx. Shipping charges are calculated using third-party systems. In addition to Standard Shipping (seven to ten days) and Priority Shipping (four to seven days), MedicallyEquipped.com offers Advanced Shipping on most titles. If available, you will see options during checkout for 2nd Day Air and 1 Day Saver shipping. Expected delivery times are two business days and one business day, respectively. Orders must be placed before noon Easter Standard Time and allow 2 business days for in house processing, to ensure 2 Day Air and 1 Day Saver delivery on the next respective business days.

Delivery is available only within the 48 contiguous states of the United States, as well as orders being shipped to Alaska, Hawaii. We also ship internationally outside the United States.

We cannot guarantee when an order will arrive. Consider any shipping or transit time offered to you by MedicallyEquipped.com or other parties as an estimate. We encourage you to order in a timely fashion to avoid delays caused by shipping or product availability. Tracking information will be sent by email as soon as it becomes available and the information will be updated in the "My Account" section on the Website.

We are committed to creating a risk-free buying experience on MedicallyEquipped.com. If you have not received your order in a timely manner and tracking information is available, please contact the shipping carrier as the first step in looking into the status of your delivery. If your textbook fails to arrive, you have 45 days from the original date of order to file a claim with MedicallyEquipped.com.

Order Discrepancies

In the event an item was not included within your shipment due to our error and was not backordered, please contact our customer service department immediately in order for us to efficiently rectify the problem. All discrepancies must be submitted to our claims department within 5 business days of the receipt of the package. Customer Service can be reached by phone at 888.965.3378 or by email at customer-service@MedicallyEquipped.com

Return shipping policy

Returns must be made at the end of your rental period. You will be held responsible for any late return shipments that are not postmarked by the return date. You must ship your items by your due date to avoid late, auto-extension, or replacement fees.

We will provide you with a printable prepaid FedEx shipping label. Simply log on to the Website click "My Account" look up your specific order and click the green "Return" button. Follow the prompts to generate a prepaid FedEx shipping label. By placing an order through the Website or the Service, you agree to use this prepaid shipping label to ensure delivery and proper accounting of your return.

If your return is not postmarked by your due date, you may be charged an extension fee. If you are charged an extension fee and the rental is not postmarked or returned by the end of the extension period, you will be charged the remaining replacement fee. Please note that this second fee is the full list price minus both the rental fee and any late or extension fees you were previously charged.

Books should be packaged appropriately to keep them from being damaged during shipping. If a book is sent back without proper packaging material (e.g. bubble wrap), and the book has visible damage, it will be your responsibility to pay for those damages.

Tax

MedicallyEquipped.com book sales and rental service have to be taxed if you are shipping your order within New Jersey.

Damages and losses

Once in your possession, damage to or loss of a rental book is your responsibility. You will be charged damage fees at our discretion, based on the extent of damage to the book. If the book is lost or stolen, a replacement fee will apply. Limited highlighting in your rental book(s) is allowed; handwriting is not allowed. Any writing or highlighting that MedicallyEquipped.com deems excessive or that hinders the readability of the book will be your responsibility and you will be charged for damages. Please follow all of our guidelines to ensure no fees for damage or loss to the books will be charged to your account.

If you receive a damaged book from MedicallyEquipped.com, it is your responsibility to contact MedicallyEquipped.com within thirty days to report the problem, so please inspect any item thoroughly upon receipt.

Use of service

You agree to not use the Website or Service in any way other than what is deemed appropriate by us, including for any illegal purposes. For example, you may not use the "Tell A Friend" feature to send spam or to harass anyone. You further agree not to attempt to gain unauthorized access to MedicallyEquipped.com's computer systems or to interfere with the servers or networks connected to the Website or Service. You may not use any information or service that is provided by us for anything other than to buy or rent books and other products from the Website. Any other use of the Service or information will not be allowed without MedicallyEquipped.com's prior written consent.

We may immediately terminate any user's use of the Website or Service without notice if we believe such user is in violation of these Terms of Use or otherwise for any reason or no reason, in our sole discretion.

Disclaimer of warranties

THE WEBSITE AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND WITHOUT WARRANTIES OF ANY KIND: EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, MEDICALLYEQUIPPED.COM SPECIFICALLY DISCLAIMS ANY AND ALL EXPRESS, IMPLIED OR STATUTORY WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, OF MERCHANTABILITY AND AGAINST INFRINGEMENT.

WE SPECIFICALLY DO NOT WARRANT THAT THE WEBSITE OR SERVICE WILL BE ERROR-FREE, THAT DEFECTS WILL BE CORRECTED OR THAT THE WEBSITE, THE SERVICE OR THE SERVER, NETWORK OR OTHER SOFTWARE AND EQUIPMENT THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES REGARDING THE CONTENT OF THE BOOKS OR THE RESULTS OF THE USE OF THE WEBSITE OR SERVICE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MEDICALLYEQUIPPED.COM, ANY AGENT OR ANY SERVICE PROVIDER OR THROUGH OR FROM THE WEBSITE OR THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE.

Limitations of liability

IN NO EVENT SHALL MEDICALLYEQUIPPED.COM BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES WHATSOEVER WHETHER ARISING IN CONTRACT OR TORT (INCLUDING NEGLIGENCE) ARISING OUT OF OR RELATED TO THE USE OR INABILITY TO USE THE WEBSITE OR THE SERVICE, EVEN IF MEDICALLYEQUIPPED.COM BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

YOU AGREE THAT MEDICALLYEQUIPPED.COM'S ENTIRE LIABILITY UNDER THESE TERMS OF USE OR OTHERWISE IN CONNECTION WITH THE WEBSITE OR SERVICE SHALL NOT EXCEED, IN THE AGGREGATE, THE AMOUNTS PAID BY YOU TO MEDICALLYEQUIPPED.COM IN THE PAST SIX MONTHS OR $10.00, WHICHEVER IS LESS.

Exclusions and limitations

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU AND YOU MAY HAVE ADDITIONAL RIGHTS. IN THAT CASE, MEDICALLYEQUIPPED.COM'S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

THE EXCLUSIONS AND LIMITATIONS OF LIABILITY IN THESE TERMS OF USE WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

Indemnity

You agree to indemnify, defend and hold harmless MedicallyEquipped.com, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, from and against any loss, liability, claim, or demand, including reasonable attorneys' fees, due to or arising out of your use of the Website or the Service in violation of these Terms of Use and/or arising from a breach of these Terms of Use.

Feedback

If you provide to use in any way any suggestions or comments regarding the Website or any of its services, you agree that we (and our providers, licensors, partners, and customers) are free to use, share, commercialize, and exploit, in any way now known or hereafter developed, any and all such feedback without obligation or liability to you or any third party, in perpetuity. You agree not to submit any feedback that is subject to any third party rights.

Reporting infringement

MedicallyEquipped.com respects the intellectual property rights of others and takes the protection of copyrights seriously. If you believe that your work has been infringed through the Website or the Service, please notify us at customer-service@MedicallyEquipped.com or at MedicallyEquipped.com, LLC, Attention Copyright Agent, 40 Fairfield Place, West Caldwell, NJ 07006, and provide the following information:

Your contact information, including name, address, telephone number, and e-mail address;

A description of the copyrighted work that you claim has been infringed, including, if applicable, the title, the ISBN, and other information;

A description of where the work that you claim is infringing is located on the Website, including the URL if applicable;

A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

Your electronic or physical signature; and

A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

WE CAUTION YOU THAT IF YOU KNOWINGLY MISREPRESENT THAT MATERIAL IS OR IS NOT INFRINGING, YOU MAY BE SUBJECT TO HEAVY CIVIL PENALTIES. THESE INCLUDE MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS FEES INCURRED BY US, BY ANY COPYRIGHT OWNER, OR BY ANY COPYRIGHT OWNER'S LICENSEE THAT IS INJURED AS A RESULT OF OUR RELYING UPON YOUR MISREPRESENTATION. YOU MAY ALSO BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY.

You agree that we may provide your notice to the provider of the alleged infringing material. We have a policy of terminating accounts of users who are repeat infringers (any user who has submitted or posted two or more materials for which we receive a notice of infringement).

Miscellaneous

These Terms of Use shall be governed by the laws of the State of New Jersey without reference to such state's choice of law provisions. The New Jersey state courts of Essex County, New Jersey or the United States District Court for the State of New Jersey shall have exclusive jurisdiction and venue over any dispute arising out of these Terms of Use, and each party hereby consents to the jurisdiction and venue of such courts.

If any provision of these Terms of Use is declared invalid, illegal or unenforceable, all remaining provisions shall continue in full force and effect. The failure of MedicallyEquipped.com to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. The section titles of these Terms of Use are for convenience only and have no legal or contractual effect.

Nonperformance of either party, except for the making of payments, shall be excused to the extent that performance is delayed or rendered impossible by any reason where failure to perform is beyond the reasonable control of the non-performing party.

Thanks again for using MedicallyEquipped.com and welcome to Medically Equipped family!

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