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MedyMate Terms of Use

Welcome to the website of MedyMate (“Company”, “MedyMate”, “we”, or “us”). The following terms and conditions, together with any documents they expressly incorporate by reference, (collectively, these “Terms of Use”), govern your access to and use of MedyMate.com, including any content, functionality and services offered on or through MedyMate.com (the ”Website”), whether as a guest or a registered user. Please read the Terms of Use carefully before you start to use the Website. By using the Website or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Website. This Website is offered and available to users who are 13 years of age or older, and reside in the United States or any of its territories or possessions. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.

Refund Policy

There is no return or refund except if the item or the service was not provided to the buyer by the seller. Rentals maybe cancelled upon sending a cancellation request to the seller. Items sales can only be issued refunds if the product was not as described in the listing. "Needs Repair" items are final sale. 

Criteria for returns

To complete your refund, we require that you send us an email at support@medymate.com with full particulars regarding circumstances that led to the issue and ship any item to us in the exact condition as received.

Time period for returns

To be eligible for a refund, you must first email full particulars of the order to support@medymate.com within 7 days of accepting the order. We will review the details with the seller and arrange for refund if the refund complies with our Refund Policy.

Refund processing time

Once your return is received and inspected, we will send you an email to notify you that we have received your return item. We will also notify you of the approval or rejection of your refund. If you are approved, then your replacement or refund will be processed, and a return will automatically be applied to your credit card or original method of payment, within a certain amount of 30 days.

Refund Request

Please send refund inquiries to support@medymate.com

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter. However, any changes to the dispute resolution provisions set forth in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice on or prior to the date the change is posted on the Website. Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.

Accessing the Website and Account Security: We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.

You are responsible for: Making all arrangements necessary for you to have access to the Website. Ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them. To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current and complete. You agree that all information you provide to register with this Website or otherwise, including but not limited to through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

Scope, Purpose, and Use the Site, Application and Services can be used to facilitate the listing and booking of Equipment (“Equipment”). Rental Listings (“Listings”) are included on the Site, Application, and Services. You may view Rental Listings as an visitor to the Site, Application and Services.

In order to list or request a Listing, you must register to create a MedyMate Account by signing up on the Site, Application and Services. The Company has created a platform or marketplace with certain technology that enables Owners (Lessors) and Renters (Lessees) to communicate and arrange for rentals of Equipment with each other. The Company is not an owner or operator of any Equipment in any Listing on the Site, Application, and Services. The Company does not own, sell, resell, provide, rent, re-rent, manage and/or control Equipment or services in the Listings. The Company’s responsibilities are limited to: (i) facilitating the availability of the Site, Application and Services and (ii) serving as the limited payment collection agent of each Owner for the purpose of accepting payments from Renter on behalf of the Owner, while assessing any applicable transaction, listing, insurance, Damage + Theft, and/or Damage Waiver costs, fees, deductibles, deposits, security, and/or amounts owed to the Owner or MedyMate.

By using this Website, signing up as User or Member, listing Equipment, and/or renting Equipment, you agree to the:

The Terms of Use, Privacy Policy, Owner Expectations and Terms, and the Renter Expectations and Terms govern your access to and use of MedyMate, including any content, functionality and services offered on or through MedyMate.com, whether as a guest or a registered user.

NOTE: AS STATED ABOVE, THE SITE, APPLICATION AND SERVICES ARE INTENDED TO BE USED TO FACILITATE OWNER AND RENTERS CONNECTING, COMMUNICATING, LISTING, AND RENTING EQUIPMENT DIRECTLY WITH EACH OTHER.THE COMPANY CANNOT AND DOES NOT CONTROL THE CONTENT CONTAINED IN ANY LISTINGS AND THE CONDITION, LEGALITY OR SUITABILITY OF ANY EQUIPMENT.THE COMPANY IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL LISTINGS AND EQUIPMENT. ACCORDINGLY, ANY RENTALS WILL BE MADE AT THE RENTER’S OWN RISK.IN NO EVENT SHALL MedyMate BE LIABLE TO OWNER OR RENTER FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF DAMAGE, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF ANY EQUIPMENT OR THE INFORMATION ON MedyMate's WEBSITE.WHILE MedyMate WILL EXPECT OWNERS TO MAKE REASONABLE EFFORTS TO RETURN ANY PROPERTY THEY MAY RECEIVE THAT DOES NOT BELONG TO THEM, MedyMate WILL NOT BE LIABLE FOR ANY LOSSES OF OR DAMAGE TO SUCH PROPERTY.

Intellectual Property Rights

The Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. These Terms of Use permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website, except as follows: Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials. You may store files that are automatically cached by your Web browser for display enhancement purposes. You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication or distribution. If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications. If we provide social media features with certain content, you make take such actions as are enabled by such features. You must not: Modify copies of any materials from this site. Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text. Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site. You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website. If you wish to make any use of material on the Website other than that set out in this section, please address your request to: info@medymate.com. If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

Trademarks

The Company name, the terms MedyMate, the Website or Company logo and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.

Prohibited Uses: You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website: In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries). For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise. To send, knowingly receive, upload, download, use or re-use any material which does not comply with the Content Standards set out in these Terms of Use. To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation. To impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing). To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website or expose them to liability. Additionally, you agree not to: Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website. Use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website. Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent. Use any device, software or routine that interferes with the proper working of the Website. Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful. Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website. Attack the Website via a denial-of-service attack or a distributed denial-of-service attack. Otherwise attempt to interfere with the proper working of the Website.

User Contributions

The Website may contain rental listings, member profiles, message boards, chat rooms, personal web pages or profiles, forums, bulletin board, blogs, comment sections, social media features and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Website. All User Contributions must comply with the Content Standards set out in these Terms of Use. Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose. You represent and warrant that: You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns. All of your User Contributions do and will comply with these Terms of Use. You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have fully responsibility for such content, including its legality, reliability, accuracy and appropriateness. We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Website.

Monitoring and Enforcement; Termination

We have the right to: Remove or refuse to post any User Contributions for any or no reason in our sole discretion. Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public or could create liability for the Company. Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy. Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website. Terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms of Use. Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website.

YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY/ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER THE COMPANY OR LAW ENFORCEMENT AUTHORITIES.

However, we do not undertake review of all material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or non-performance of the activities described in this section.

Content Standards

These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not: Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable. Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age. Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person. Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy. Be likely to deceive any person. Promote any illegal activity, or advocate, promote or assist any unlawful act. Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person. Impersonate any person, or misrepresent your identity or affiliation with any person or organization. Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising. Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case. ‌

Copyright Infringement

If you believe that any User Contributions violate your copyright, email info@medymate.com for a copy of our Copyright Policy and for instructions on sending us a notice of copyright infringement. It is the policy of the Company to terminate the user accounts of repeat infringers.

Reliance on Information Posted

The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents. This Website may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Changes to the Website

We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.

Information About You and Your Visits to the Website

All information we collect on this Website is subject to our Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy. Online Purchases and Other Terms and Conditions All actions through our site or other transactions for the rental of goods, or services or information formed through the Website or as a result of visits made by you are governed by our Terms and Conditions which are hereby incorporated into these Terms of Use. Additional terms and conditions may also apply to specific portions, services or features of the Website. All such additional terms and conditions are hereby incorporated by this reference into these Terms of Use.

Linking to the Website and Social Media Features

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent. This Website may provide certain social media features that enable you to: Link from your own or certain third-party websites to certain content on this Website. Send e-mails or other communications with certain content, or links to certain content, on this Website. Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites. You may use these features solely as they are provided by us solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not: Establish a link from any website that is not owned by you. Cause the Website or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site. Link to any part of the Website other than the homepage. Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms of Use. The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms of Use. You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and any links at any time without notice in our discretion.

Links from the Website

If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Damage Waiver (Damage Only):

Renters have the option to purchase a Damage Waiver for unintentional damage to the rented Equipment (equipment listed in the MedyMate Listing), that they rented, from the start to the end of the Rental Period.

The Damage Waiver option is not an insurance policy. The Damage Waiver option covers unintentional or accidental damage to the rented Equipment, subject to the Exclusions listed below. The coverage includes the cost to potentially repair or replace the Equipment, up to $6000.00 (max amount payable by MedyMate to repair or replace the Equipment that is covered by the Damage Waiver option).

By purchasing the Damage Waiver option, you, the Renter of Equipment from an Owner/member on MedyMate, assume all responsibility and will be liable for all damage to, theft of, or loss of the Equipment while rented. In order to reduce your exposure for such damage, MedyMate offers a Damage Waiver option that will reduce (but not eliminate) your responsibility for accidental damage to the rented Equipment up to the specified limit purchased and/or the listing Replacement Value, as determined by MedyMate. In return for paying the cost of the Damage Waiver option, so long as you fully comply with MedyMate's Terms of Use and Renter Expectations and Terms, MedyMate will be financially responsible for the accidental damage of the rented Equipment, up to the limit purchased and/or the listing replacement value, for the duration of the rental transaction, minus any applicable deductible(s) (which can range, as the deductible is 12% the Equipment Replacement Value (as provided on the Listing when a Renter requests a rental) of all the Equipment in the MedyMate Listing).

Any deductible(s) are due to MedyMate or the Owner of the Equipment upon payment of the claim. If the purchaser of the Damage Waiver option does not remit payment of the deductible amount which is due to MedyMate or the Equipment Owner, MedyMate reserves the right and the Renter agrees and authorizes MedyMate to charge the Renter's payment method on the Renter's account or attempt to collect the debt using alternative methods.

The Damage Waiver option will apply to the rental transaction that is was purchased, under the Renter name, Rental Period dates, which may include a rented Equipment limit, any deductibles per claim, Damage Waiver option fees paid, and the date paid.

IMPORTANT NOTICE:

The damage limitations set forth below are subject to your compliance with all of your obligations under the Terms of Use and Renter Expectations and Terms. Even if the Damage Waiver option is purchased, you agree that you will be responsible for the full amount of damages to or the loss of the rented Equipment if you fail to comply with all of your obligations under the Terms of Use and Renter Expectations and Terms.

EXCLUSIONS:

A violation of the contract (Terms of Use) shall exist and the Damage Waiver option is void and shall not apply to the following situations:

1. Damage and/or loss was: a) Caused intentionally or as a result of willful and wanton misconduct; b) Occurred outside of the United States; c) A result of Dampness, Dryness or Extremes of Temperature; d) A result of the Renter's or any other party's negligence or recklessness; e) A result of fraud, deceit, scams, voluntary parting, or involuntary loss; f) A result of exposure to Water, Moisture, Sand, Gas, or Dirt; g) Caused by Governmental Action, Hidden or Latent Defect, Rust, Oxidation, Corrosion or Discoloration, Wear and Tear, Mechanical Breakdown, False Pretense, Insects, Vermin or Animals, Processing or Work Upon the Property, and Unauthorized Transfer; h) Caused during the shipment or delivery of rented Equipment (including via postal mail, private carriers, couriers, transit, airplanes, vehicles, buses, trains etc.).

2. Theft of any kind (Theft from Renter, Theft by Employee, etc.).

3. Rental and agreement to the Terms of Use and Renter Expectations and Terms is based on fraudulent or material misrepresentation.

4. Loss of Use.

5. Loss of income, loss of time, or any other loss that is monetized or any other cost that may be incurred by the Owner or Renter.

6. Mysterious disappearance of the rented Equipment (where it is unknown how the rented Equipment was lost).

In those circumstances where exclusions apply, you agree to accept responsibility for damage to, loss or theft of, rented Equipment.

The determination of whether a theft has occurred is at the sole discretion of MedyMate, based on an investigation by law enforcement and MedyMate’s own investigation, which may include contracting investigative services by private investigators and other 3rd parties. All claims of theft require: 1) a copy of a filed police report; 2) confirmation of the police report filing and a criminal investigation by law enforcement; and 3) any information or footage that can help provide details of the theft for MedyMate’s investigation of the claim.

The determination of whether damage is unintentional and not caused due to other circumstances, actions, or inactions, or if it is considered normal wear and tear as described herein, is at the sole discretion of MedyMate.

MedyMate considers any major scratches, scuffs, dents, broken pieces, or other major damage caused unintentionally or accidentally to be damage. Normal wear and tear (including scratches, scuffs, dents, or other less significant damage) is not considered to be damage under the Damage Waiver option, and therefore is not covered by the Damage Waiver option.

If MedyMate determines that the damage was unintentional and coverage under the Damage Waiver option applies, and the Renter elects to utilize the Damage Waiver option, the Renter agrees to pay MedyMate a deductible amount of 12% of the Replacement Value of the Equipment (as provided on the Listing when a Renter requests a rental), which is typically collected when MedyMate reimburses the Owner, and the Renter agrees to be charged the deductible amount, and agrees to MedyMate not refunding deductible amount if the Renter utilizes the Damage Waiver option. Valuation of the Equipment, the cost of replacement of the Equipment (if applicable), the cost of repair of the Equipment (if applicable), and the repair provider who may repair the Equipment (if applicable), is within the sole discretion of MedyMate.

If the Renter damages the Equipment belonging to the Owner unintentionally or accidentally, which is included in the rental, within the Rental Period, the Renter agrees to pay for the repair or replacement of the Owner’s Equipment, up to the amount not covered by the Damage Waiver option (a claimed amount over $6000.00), and/or the entire deductible amount (if applicable).

If the Renter damages, loses, steals, converts, or transfers to a 3rd party, or takes any other action in regards to the Equipment which is not covered under the Damage Waiver option, to the Equipment belonging to the Owner, which is included in the rental, within the Rental Period, the Renter agrees to pay the Equipment Owner or MedyMate (to reimburse the Owner) for the repair or replacement of the Owner’s Equipment. Valuation of the Equipment included in the rental is within the sole discretion of MedyMate.

Renters who purchase the Damage Waiver option must contact MedyMate as soon as the rented Equipment is damaged or lost. MedyMate will conduct an investigation, and at it's sole discretion, conclude whether the Damage Waiver applies. Members and Users agree to authorize MedyMate to conduct and investigation and solely determine if the Damage Waiver option applies. There are no guarantees that a purchaser of a Damage Waiver option will have any costs of repair or replacement of the Owner's Equipment waived, and there are no guarantees that an Owner will be reimbursed for any costs of repair or replacement, or any other costs.

You accept the provisions set forth within this ‘Damage Waiver’ section of the Terms of Use and fully understand your obligations as described in the Terms of Use and Renter Expectations and Terms.

NOTICE: THIS AGREEMENT OFFERS, FOR AN ADDITIONAL CHARGE, A DAMAGE WAIVER OPTION TO COVER YOUR FINANCIAL RESPONSIBILITY FOR ACCIDENTAL DAMAGE TO RENTED EQUIPMENT IN YOUR CARE, CUSTODY AND CONTROL. THE PURCHASE OF THE DAMAGE WAIVER OPTION IS NOT MANDATORY AND MAY BE WAIVED.

Damage Waiver Pro (Damage + Theft)

Renters have the option to purchase a Damage Waiver Pro option for unintentional damage to the rented Equipment (equipment listed in the MedyMate Listing), or theft of the rented Equipment, that they rented, from the start to the end of the Rental Period.

The Damage Waiver Pro option is not an insurance policy. The Damage Waiver Pro option covers unintentional or accidental damage to the rented Equipment, or theft of the rented Equipment from the renter, subject to the Exclusions listed below. The coverage includes the cost to potentially repair or replace the Equipment, up to $20,000.00 (max amount payable by MedyMate to repair or replace the Equipment that is covered by the Damage Waiver Pro option).

By purchasing the Damage Waiver Pro option, you, the Renter of Equipment from an Owner/member on MedyMate, assume all responsibility and will be liable for all damage to, theft of, or loss of the Equipment while rented. In order to reduce your exposure for such damage or theft, MedyMate offers a Damage Waiver Pro option that will reduce (but not eliminate) your responsibility for accidental damage to or theft of the rented Equipment up to the specified limit purchased and/or the listing Replacement Value, as determined by MedyMate. In return for paying the cost of the Damage Waiver Pro option, so long as you fully comply with MedyMate's Terms of Use and Renter Expectations and Terms, MedyMate will be financially responsible for the accidental damage or theft of the rented Equipment, up to the limit purchased and/or the listing replacement value, for the duration of the rental transaction, minus any applicable deductible(s) (which can range, as the deductible is 12% the Replacement Value (as provided on the Listing when a Renter requests a rental) of all the Equipment in the MedyMate Listing).

Any deductible(s) are due to MedyMate or the Owner of the Equipment upon payment of the claim. If the purchaser of the Damage Waiver Pro option does not remit payment of the deductible amount which is due to MedyMate or the Equipment Owner, MedyMate reserves the right and the Renter agrees and authorizes MedyMate to charge the Renter's payment method on the Renter's account or attempt to collect the debt using alternative methods.

The Damage Waiver Pro option will apply to the rental transaction that is was purchased, under the Renter name, Rental Period dates, which may include a rented Equipment limit, any deductibles per claim, Damage Waiver Pro option fees paid, and the date paid.

IMPORTANT NOTICE:

The damage limitations set forth below are subject to your compliance with all of your obligations under the Terms of Use and Renter Expectations and Terms. Even if the Damage Waiver Pro option is purchased, you agree that you will be responsible for the full amount of damages to or the loss of the rented Equipment if you fail to comply with all of your obligations under the Terms of Use and Renter Expectations and Terms.

EXCLUSIONS:  A violation of the contract (Terms of Use) shall exist and the Damage Waiver Pro option is void and shall not apply to the following situations:

1. Damage, theft, and/or loss was: a) Caused intentionally or as a result of willful and wanton misconduct; b) Occurred outside of the United States; c) A result of Dampness, Dryness or Extremes of Temperature; d) A result of the Renter's or any other party's negligence or recklessness; e) A result of fraud, deceit, scams, voluntary parting, or involuntary loss; f) A result of exposure to Water (submerged), Moisture, Sand, Gas, or Dirt; g) Caused by Governmental Action, Hidden or Latent Defect, Rust, Oxidation, Corrosion or Discoloration, Wear and Tear, Mechanical Breakdown, False Pretense, Insects, Vermin or Animals, Processing or Work Upon the Property, and Unauthorized Transfer; h) Caused during the shipment or delivery of rented Equipment (including via postal mail, private carriers, couriers, transit, airplanes, vehicles, busses, trains etc.).

2. Theft by Employee of Renter.

3. Theft by associate of Renter. 

4. Theft from an unlocked vehicle (theft from vehicle without evidence of forced entry) and theft from a vehicle due to Renter's or any other party's negligence or recklessness.

5. Rental and agreement to the Terms of Use and Renter Expectations and Terms is based on fraudulent or material misrepresentation.

6. Loss of Use.

7. Loss of income, loss of time, or any other loss that is monetized or any other cost that may be incurred by the Owner or Renter.

8. Mysterious disappearance of the rented Equipment (where it is unknown how the rented Equipment was lost).

In those circumstances where exclusions apply, you agree to accept responsibility for damage to, loss or theft of, rented Equipment.

The determination of whether a theft has occurred is at the sole discretion of MedyMate, based on an investigation by law enforcement and MedyMate’s own investigation, which may include contracting investigative services by private investigators and other 3rd parties. All claims of theft require: 1) a copy of a filed police report; 2) confirmation of the police report filing and a criminal investigation by law enforcement; and 3) any information or footage that can help provide details of the theft for MedyMate’s investigation of the claim.

MedyMate requires that Renters initiate a claim under their own or an associated 3rd party's insurance policy (homeowner's policy, tenant/renter's policy, equipment policy, etc.) for any damage or theft of the rented Equipment in the Listing. MedyMate also requires that Owner's initiate a claim under their own or an associated 3rd party's insurance policy (homeowner's policy, renter's policy, equipment policy, etc.) for any damage or theft of the rented Equipment in the Listing. If the Renter's , Owner's, or an associated 3rd party's insurance policy reimburses the Owner for a claim related to the claim that is reported to MedyMate under the Damage Waiver Pro coverage (involves the same rented Equipment), MedyMate will subtract the reimbursement amount that is due or remitted to the Owner from any financial responsibility that MedyMate may have to the Owner.

The determination of whether damage is unintentional and not caused due to other circumstances, actions, or inactions, or if it is considered normal wear and tear as described herein, is at the sole discretion of MedyMate.

MedyMate considers any major scratches, scuffs, dents, broken pieces, or other major damage caused unintentionally or accidentally to be damage. Normal wear and tear (including scratches, scuffs, dents, or other less significant damage) is not considered to be damage under the Damage Waiver Pro option, and therefore is not covered by the Damage Waiver Pro option.

If MedyMate determines that the damage was unintentional or there was a theft from the renter, and coverage under the Damage Waiver Pro option applies, and the Renter elects to utilize the Damage Waiver Pro option, the Renter agrees to pay MedyMate a deductible amount of 12% of the Replacement Value of the Equipment (as provided on the Listing when a Renter requests a rental), which is typically collected when MedyMate reimburses the Owner, and the Renter agrees to be charged the deductible amount, and agrees to MedyMate not refunding deductible amount if the Renter utilizes the Damage Waiver Pro option. Valuation of the Equipment, the cost of replacement of the Equipment (if applicable), the cost of repair of the Equipment (if applicable), and the repair provider who may repair the Equipment (if applicable), is within the sole discretion of MedyMate.

If the Renter damages the Equipment belonging to the Owner unintentionally or accidentally, which is included in the rental, within the Rental Period, the Renter agrees to pay for the repair or replacement of the Owner’s Equipment, up to the amount not covered by the MedyMate Damage Waiver Pro option (a claimed amount over $20,000.00), and/or the entire deductible amount (if applicable).

If the Renter damages, loses, steals, converts, or transfers to a 3rd party, or takes any other action in regards to the the Equipment which is not covered under the Damage Waiver Pro option, to the Equipment belonging to the Owner, which is included in the rental, within the Rental Period, the Renter agrees to pay the Equipment Owner or MedyMate (to reimburse the Owner) for the repair or replacement of the Owner’s Equipment. Valuation of the Equipment included in the rental is within the sole discretion of MedyMate.

Renters who purchase the Damage Waiver Pro option must contact MedyMate as soon as the rented Equipment is damaged or lost. MedyMate will conduct an investigation, and at it's sole discretion, conclude whether the Damage Waiver Pro option applies. Members and Users agree to authorize MedyMate to conduct and investigation and solely determine if the Damage Waiver Pro option applies. There are no guarantees that a purchaser of a Damage Waiver Pro option will have any costs of repair or replacement of the Owner's Equipment waived, and there are no guarantees that an Owner will be reimbursed for any costs of repair or replacement, or any other costs.

You accept the provisions set forth within this ‘Damage Waiver Pro’ section of the Terms of Use and fully understand your obligations as described in the Terms of Use and Renter Expectations and Terms.

NOTICE: THIS AGREEMENT OFFERS, FOR AN ADDITIONAL CHARGE, A DAMAGE WAIVER PRO OPTION TO COVER YOUR FINANCIAL RESPONSIBILITY FOR ACCIDENTAL DAMAGE TO RENTED EQUIPMENT IN YOUR CARE, CUSTODY AND CONTROL. THE PURCHASE OF THE DAMAGE WAIVER PRO OPTION IS NOT MANDATORY AND MAY BE WAIVED.

Renters and Equipment

If the Renter damages, loses, steals, converts, or transfers to a 3rd party, or fails to return the Equipment belonging to the Owner, which is included in the rental, within the Rental Period, the Renter agrees to pay for the repair or replacement of the Owner’s Equipment, up to the amount not covered by a Renter's coverage option or insurance policy, and/or the entire deductible amount (if applicable) for the coverage option or insurance policy that covers the Equipment.

MedyMate is not liable for a Member’s deceptive or fraudulent acts, voluntary parting of Equipment, the theft of Equipment, and/or any other loss caused by Member’s deceptive or fraudulent acts and a Member’s use of MedyMate.com, but MedyMate will completely cooperate with the investigation and produce information about the incident and parties involved, working with law enforcement and any insurance companies involved.

If MedyMate receives a cardholder dispute or chargeback for any charges that were authorized by the Renter on MedyMate.com, the Renter agrees to immediately remit payment to MedyMate for the disputed charge amount and a $35.00 fee for each disputed charge. MedyMate will respond to any disputes with any information that indicates that the charge was authorized by the Renter.

Owner Equipment and Rental Listing Prices

MedyMate reserves the right to change the price of an Owner’s Equipment listing. MedyMate does so in order to maintain reasonable rental prices relative to other listing prices, with the intention to increase the likelihood that an Owner will have their Equipment rented by a Renter. If an Owner does not agree with a price change, they have the option of closing their listing at any time, refusing to accept a rental request, or contacting MedyMate to discuss the issue.

Taxes

MedyMate cannot and does not offer Tax-related advice to any Members. Please consult your tax consultant to determine tax treatment for your rental activities and retain all relevant documentation. This statement is provided for information purposes only and is not intended to constitute tax advice.

"Tax" or "Taxes" mean any sales taxes, value added taxes (VAT), goods and services taxes (GST), or any other taxes  that the Owner may be required by law to collect and remit to governmental agencies, and other similar municipal, state, federal and national indirect or other withholding and personal or corporate income taxes.

You understand and agree that you are solely responsible for determining (i) your applicable Tax reporting requirements, and (ii) the Taxes that should be included in a Listing price, and for including Taxes to be collected or obligations relating to applicable Taxes in your Listings.

You understand and acknowledge that appropriate governmental agencies, departments or authorities (the "Tax Authority") where you are located may require Taxes to be collected from Owners and Renters on the amount paid for the right to use of Equipment, and to be remitted to the respective Tax Authority. The laws in jurisdictions may vary, but these taxes may be required to be collected and remitted as a percentage of the actual Listing price (before tax) set by Owners, a set amount per day, or other variations. You are solely responsible for remitting to the relevant authority any Taxes included or received by you.

Caregiver Services

MedyMate offers an online service wherein individuals or families are matched to service providers offering services in elder care and disability care (jointly referred to as ("Services"). MedyMate allows individuals and/or entities providing care services ("Service Providers") to post information profiles on the Website to facilitate matching with those Users who are seeking services ("Service Seekers").

MedyMate facilitates the matching of Service Seekers and Service Providers by providing search functions to allow Service Seekers to find the appropriate Service Provider based on their preferences, needs and location. MedyMate also facilitates the initial and ongoing communication between Service Seekers and Service Providers ("Messaging Platform"). Through the Messaging Platform, Users can engage with one another without disclosure of their e-mail or phone number. 

MedyMate reserves the right to re-post a User's Service advertisement on external third-party websites for the purposes of ensuring exposure of the User's request and/or provision of Services. Any such re-posting on an external third-party websites will not include Personal Information (as defined below) of the Users.

MedyMate is not a party to the relationship between the Service Seeker and Service Provider. MedyMate shall not, in any way, be liable to a Service Seeker or Service Provider or any other third party, arising, either directly or indirectly from such employment or independent contractor agreement between the parties.

MedyMate does not verify, review, evaluate, interview, screen or perform any background checks on any of its Users or the content posted by the User on the Platform. You assume all risks associated with dealing with other persons whom you come in contact with through the Services of MedyMate's Platform. 

Please refer to the Website regularly for further information about the Services provided.

      1. Eligibility Criteria

To be eligible to use the Services offered by MedyMate, you represent and warrant as follows:

1. that you are eighteen (18) years of age or older on the date of creation of your User Account;

2. if you are registering as Service Provider, that you are legally permitted to work in the jurisdiction where you are seeking employment; and

3. neither you nor any member of your household may have ever been the subject of a complaint, restraining order or any other legal action or criminal offence involving violence, abuse, neglect, fraud, or any other offence that involves endangering the safety of others, and that you are not registered or currently required to register as a sex offender with any government agency in any jurisdiction.

      2. User Account Fees, Term and Renewal

MedyMate charges Service Providers a fee of for its Services. The first fee payment is made when a Service Provider first signs up. The Service Provider agrees that the fee shall be automatically renewed based on the term chosen by the User (e.g., monthly, quarterly, annually), unless the Services are removed from the Website.

You agree that any fees associated with the use of MedyMate are considered final payments and are non-refundable.

      3. Personal Information

You agree that your use of the Website and the Services is subject to the terms of our Privacy Policy, which is hereby incorporated by reference into, and forms an integral part of, the Terms of Use or by using the Platform, you expressly consent to the collection, storage, use and disclosure of your information, including your Personal Information, according to the Privacy Policy.

        4. Content and Use of Services

As a Service Seeker, Service Provider or any other User of the Services, you agree that the content of information and materials posted on the Website or App by You is accurate, current and complete. In addition, you represent and warrant as follows:

1. You will use the Services provided by MedyMate solely for yourself and are responsible for all activity and use of your account and may not assign or transfer your account to any other person.

2. You have the right and authority to post all information you post about yourself or others.

3. You will not provide inaccurate, misleading, defamatory or false information to MedyMate or to any other User of the Website or App.

4. You will not post any content (including, but not limited to, written material, text, photos, or graphical content) on the Website, or transmit to other users, that is defamatory, inaccurate, inappropriate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, defamatory, racially offensive, or illegal material, or any material that infringes or violates another party's rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity), or advocate, promote or assist any unlawful act.

5. Your use of the Website and Services provided by MedyMate are in accordance with any and all applicable laws and regulations.

      5. Use License

MedyMate hereby grants you a limited, non-exclusive, personal, non-transferable, non-sub-licensable and revocable right and license to

1. access the Platform for the purpose of receiving the Services in accordance with these Terms of Use and

2. access, view and print any information and documentation made available on the Website for your personal, non-commercial and informational use only to assist you in the access and use of the Website and the Services.

These Terms of Use do not grant you any other right or license, whether express or implied, by estoppel, or otherwise in or under any patent, trademark, copyright, or other intellectual property or proprietary right of MedyMate or any third party.

MedyMate may terminate this license at any time for any reason whatsoever.

      6. Termination of Registration

MedyMate reserves the right, in its sole discretion, to terminate your account or access to part or all of MedyMate’s Website and/or Services in the event that MedyMate determines you are not eligible to use the Services or have violated any of the provisions of the Terms of Use, or have misused the Website or Services in any way.

      7. Limitation of Liability

YOU ACKNOWLEDGE THAT ANY USE OF OR RELIANCE ON THIS WEBSITE OR THE SERVICES IS COMPLETELY AT YOUR OWN RISK.

UNDER NO CIRCUMSTANCES SHALL MEDYMATE BE LIABLE TO YOU OR TO ANY OTHER PARTY, FOR ANY LOSSES, COSTS OR DAMAGES OF ANY KIND OR NATURE WHATSOEVER THAT ARE SUFFERED OR INCURRED IN ANY CONNECTION WITH THE USE OF (OR THE INABILITY TO USE) THE PLATFORM, SERVICES, OR ANY MEDYMATE CONTENT OR THIRD PARTY CONTENT (REGARDLESS OF THE FORM OF ACTION OR THEORY OF LIABILITY, INCLUDING FOR BREACH OF CONTRACT, TORT, NEGLIGENCE, EQUITY, STRICT LIABILITY, BY STATUTE OR OTHERWISE AND REGARDLESS OF THE OCCURRENCE OF A FUNDAMENTAL BREACH OR FAILURE OF ESSENTIAL PURPOSE).

MedyMate's Services facilitate the matching of Service Seekers and Service Providers by providing search functions to allow Service Seekers to find the appropriate Service Provider based on their preferences, needs, and location.

MedyMate is not a party to THE RELATIONSHIP BETWEEN SERVICE SEEKER AND SERVICE PROVIDER, and shall not, in any way, be liable to a Service Seeker or Service Provider or any other third party, arising, either directly or indirectly from such employment or independent contractor agreement between the parties.

IN NO EVENT WHATSOEVER SHALL ANY OF MEDYMATE, ITS DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS AND THIRD-PARTY CONTRACTORS, SUPPLIERS AND LICENSORS (COLLECTIVELY THE "COMPANY PARTIES") BE LIABLE FOR ANY SPECIAL, EXEMPLARY, PUNITIVE, CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES OF ANY KIND OR NATURE WHATSOEVER THAT ARE SUFFERED OR INCURRED IN ANY CONNECTION WITH THE USE OF PLATFORM OR THE PROVISION OF THE SERVICES (INCLUDING IN ANY CONNECTION WITH THE TRANSMISSION OR DOWNLOADING OR STORAGE OF ANY DATA OR SUBMISSIONS TO OR FROM THE PLATFORM OR THE USE OF, OR RELIANCE ON, ANY MEDYMATE CONTENT OR OTHER INFORMATION OR DATA CONTAINED ON OR PROVIDED THROUGH THE PLATFORM, OR SERVICES, OR LOSS OF OR DAMAGE TO FILES OR DATA OR ANY COSTS OF RECOVERING OR REPRODUCING ANY FILES OR DATA OR LOSS OF USE OR LACK OF AVAILABILITY OF SERVICES OR ANY BUSINESS INTERRUPTION OR LOSS OF REVENUE OR PROFIT OR ANY OTHER ECONOMIC LOSS WHATSOEVER) HOWEVER CAUSED AND REGARDLESS OF THE FORM OR CAUSE OF ACTION AND WHETHER OR NOT FORESEEABLE, EVEN IF THE MEDYMATE PARTIES OR ANY OF THEM HAS BEEN INFORMED IN ADVANCE OR OUGHT REASONABLY TO HAVE KNOWN OF THE POTENTIAL FOR SUCH DAMAGES.

Disputes (Agreement to Arbitrate)

You and MedyMate agree that any claim or dispute at law or equity that has arisen or may arise between us will be resolved in accordance with the provisions set forth in this Section (“Disputes”). Please read this Section carefully. It affects your rights and will impact how claims you and we have against each other are resolved.

Contact MedyMate First: If a dispute arises between you and MedyMate, our goal is to learn about and address your concerns and, if we are unable to do so to your satisfaction, to provide you with a neutral and cost effective means of resolving the dispute quickly. Disputes between you and MedyMate regarding MedyMate may be reported to info{at}MedyMate.com.

Applicable Law: You agree that the laws of the State of Washington, without regard to principles of conflict of laws, will govern this Terms of Use and any claim or dispute that has arisen or may arise between you and MedyMate, except as otherwise stated in this User Agreement.

Agreement to Arbitrate: You and MedyMate each agree that any and all disputes or claims that have arisen or may arise between you and MedyMate shall be resolved exclusively through final and binding arbitration, rather than in court, except that you may assert claims in small claims court, if your claims qualify. The Federal Arbitration Act governs the interpretation and enforcement of this Agreement to Arbitrate.

Prohibition of Class and Representative Actions and Non-Individualized Relief: YOU AND MedyMate AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND MedyMate AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER MedyMate USERS OR MEMBERS.

Arbitration Procedures: Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, and court review of an arbitration award is very limited. However, an arbitrator can award the same damages and relief on an individual basis that a court can award to an individual. An arbitrator also must follow the terms of this Terms of Use as a court would. The arbitration will be conducted by the American Arbitration Association ("AAA") under its rules and procedures, including the AAA's Supplementary Procedures for Consumer-Related Disputes (as applicable), as modified by this Agreement to Arbitrate. The AAA's rules are available at www.adr.org. A form for initiating arbitration proceedings is available on the AAA's website at http://www.adr.org. The arbitration shall be held in King County, Washington or at another mutually agreed location. If the value of the relief sought is $10,000 or less, you or MedyMate may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and MedyMate subject to the arbitrator's discretion to require an in-person hearing, if the circumstances warrant. Attendance at an in-person hearing may be made by telephone by you and/or MedyMate, unless the arbitrator requires otherwise. The arbitrator will decide the substance of all claims in accordance with the laws of the State of Washington, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different MedyMate members or users, but is bound by rulings in prior arbitrations involving the same MedyMate member or user to the extent required by applicable law. The arbitrator's award shall be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

Costs of Arbitration: Payment of all filing, administration, and arbitrator fees will be governed by the AAA's rules, unless otherwise stated in this Agreement to Arbitrate. In the event the arbitrator determines the claim(s) you assert in the arbitration to be frivolous, you agree to reimburse MedyMate for all fees associated with the arbitration paid by MedyMate on your behalf that you otherwise would be obligated to pay under the AAA's rules.

Severability: With the exception of any of the provisions in any subsection of this Agreement to Arbitrate ("Prohibition of Class and Representative Actions and Non-Individualized Relief"), if a court decides that any part of this Agreement to Arbitrate is invalid or unenforceable, the other parts of this Agreement to Arbitrate shall still apply. If a court decides that any of the provisions in subsection of this Agreement to Arbitrate ("Prohibition of Class and Representative Actions and Non-Individualized Relief") is invalid or unenforceable, then the entirety of this Agreement to Arbitrate shall be null and void. The remainder of the Terms of Use, including all other provisions of this section (“Disputes”), will continue to apply.

Opt-Out Procedure: You can choose to reject this Agreement to Arbitrate ("opt out") by mailing us a written opt-out notice ("Opt-Out Notice"). Please email us at info{at}MedyMate.com for the maling address. For new MedyMate members or users, the Opt-Out Notice must be postmarked no later than 30 Days after the date you accept the Terms of Use for the first time. If you are already a current MedyMate member or user and previously accepted the Terms of Use prior to the introduction of this Agreement to Arbitrate, the Opt-Out Notice must be postmarked no later than January 1, 2018. The Opt-Out Notice must state that you do not agree to this Agreement to Arbitrate and must include your name, address, phone number, and the email address(es) used to log in to the MedyMate account(s) to which the opt-out applies. You must sign the Opt-Out Notice for it to be effective. This procedure is the only way you can opt out of the Agreement to Arbitrate. If you opt out of the Agreement to Arbitrate, all other parts of the Terms of Use, including all other provisions of Section (“Disputes”), will continue to apply. Opting out of this Agreement to Arbitrate has no effect on any previous, other, or future arbitration agreements that you may have with us.

Future Changes to the Agreement to Arbitrate: Notwithstanding any provision in the Terms of Use to the contrary, you and we agree that if we make any change to this Agreement to Arbitrate (other than a change to any notice address or website link provided herein) in the future, that change shall not apply to any claim that was filed in a legal proceeding against MedyMate prior to the effective date of the change. Moreover, if we seek to terminate the Agreement to Arbitrate as included in the Terms of Use, any such termination shall not be effective until 30 days after the version of the Terms of Use Agreement not containing the Agreement to Arbitrate is posted to http://www.MedyMate.com, and shall not be effective as to any claim that was filed in a legal proceeding against MedyMate prior to the effective date of termination.

Insolvency Proceedings: If any proceeding by or against you is commenced under any provision of the United States Bankruptcy Code, as amended, or under any other bankruptcy or insolvency law, MedyMate will be entitled to recover all reasonable costs or expenses (including reasonable attorneys' fees and expenses) incurred in connection with the enforcement of this Agreement.

No Waiver: Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.

Indemnification: You agree to defend, indemnify and hold MedyMate, our parent, our subsidiaries, Affiliates and the officers, directors, agents, joint venturers, employees and suppliers of MedyMate, our parent, subsidiaries, or our Affiliates, harmless from any claim or demand (including attorneys’ fees) made or incurred by any third party due to or arising out of your breach of this Terms of Use, your improper use of the MedyMate, and/or your violation of any law or the rights of a third party.

Assumption of Rights: If MedyMate pays out a claim, reversal or chargeback that you file against another MedyMate user or member, you agree that MedyMate assumes your rights against the recipient and third parties related to the payment, and may pursue those rights directly or on your behalf, in MedyMate’s discretion.

Release of MedyMate: If you have a dispute with one or more MedyMate member or users, you release MedyMate (and our parent, our subsidiaries, our Affiliates, and our and their respective officers, directors, agents, joint ventures, employees and suppliers) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. In entering into this release you expressly waive any protections (whether statutory or otherwise – e.g., California Civil Code § 1542) that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.

Geographic Restrictions

This Website is available for use only by persons located in the United States and Canada. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States and Canada. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States and Canada, you do so on your own initiative and are responsible for compliance with local laws.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.

WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT. YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, your User Contributions, any use of the Website’s content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Website.

Governing Law and Jurisdiction

All matters relating to the Website and these Terms of Use and any dispute or claim arising therefrom or related thereto in each case, including non-contractual disputes or claims, shall be governed by and construed in accordance with the internal laws of the State of Washington without giving effect to any choice or conflict of law provision or rule whether of the State of Washington or any other jurisdiction. Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Washington in each case located in the City of Seattle and County of King, although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Waiver and Severability

No waiver of by the Company of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Entire Agreement

The Terms of Use (including the Agreement to Arbitrate), Privacy Policy, Owner Expectations and Terms, and Renter Expectation and Terms constitute all the (together and in their entirety) agreements between you and MedyMate, Inc. with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website.

Your Comments and Concerns

This website is operated by MedyMate, Inc. All notices of copyright infringement claims should be sent to info@medymate.com. All other feedback, comments, requests for technical support and other communications relating to the Website should be directed to: info@medymate.com.