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User Agreement

1. Introduction

This User Agreement, the Mobile Application Terms of Use, and all policies and additional terms posted on and in our sites, applications, tools, and services (collectively “Services”) set out the terms on which Med Market Exchange offers you, your employees, representatives, agents, or other persons associated with your organization, or the organization itself (henceforth referred to as “you”) access to and use of our Services. The Mobile Application Terms of Use, all policies, and additional terms posted on and in our Services are incorporated into this User Agreement. You agree to comply with all terms of this User Agreement when accessing or using our Services.

The entity you are contracting with is: 

Med Market Exchange, LLC
P. O. Box 80171
Simpsonville, SC  29680

Please be advised that this User Agreement contains provisions that govern how disputes  are resolved (see “Disclaimer of Warranties; Limitation of Liability” and “Legal Disputes” provisions below). It also contains an Agreement to Arbitrate which will, with limited exception, require you to submit claims you have against us or our agents to binding and final arbitration, unless you opt out of the Agreement to Arbitrate (see Legal Disputes, Section B (“Agreement to Arbitrate”)). If you do not opt out: (1) you will only be permitted to pursue claims against us or our agents on an individual basis, not as a plaintiff or class member in any class or representative action or proceeding, and (2) you will only be permitted to seek relief (including monetary, injunctive, and declaratory relief) on an individual basis.

2. About Med Market Exchange

Med Market Exchange is a marketplace that allows users to offer, sell, and buy goods and services in various geographic locations using a variety of pricing formats. Med Market Exchange is not a party to contracts for sale between third-party sellers and buyers, nor is Med Market Exchange a traditional auctioneer.

Any guidance Med Market Exchange provides as part of our Services, such as pricing, shipping, listing, and sourcing is solely informational and you may decide to follow it or not. We may use artificial intelligence or AI-powered tools and products to provide and improve our Services, to offer you a customized and personalized experience, to provide you with enhanced customer service, and to support fraud detection; availability and accuracy of these tools are not guaranteed. We may facilitate or help facilitate the resolution of disputes between buyers and sellers through various programs. Unless otherwise expressly provided, Med Market Exchange has no control over and does not guarantee: the existence, quality, safety, or legality of items advertised; the truth or accuracy of users’ content or listings; the authorization or ability of sellers to sell items; the authorization or ability of buyers to buy and/or pay for items; or that a buyer or seller will actually complete a transaction or return an item.  These are only a few examples, and not an exhaustive list of potential scenarios in which Med Market Exchange may become involved.

3. Using Med Market Exchange

In connection with using or accessing our Services you agree to comply with this User Agreement, our policies, our terms, and all applicable laws, rules, and regulations. You also agree that you will not:

  • breach or circumvent any laws, regulations, third-party rights or our systems, Services, policies, or determinations of your account status;
  • use our Services if you are not able to form legally binding contracts (for example, if you are under 18 years old), or are temporarily or indefinitely suspended from using our Services, or are a person with whom transactions are prohibited under economic or trade sanctions;
  • fail to pay for items purchased by you within the listed acceptable timeframe, unless you have a valid reason as set out in a Med Market Exchange policy, for example, where the seller has materially changed the item’s description after you buy (see our Unpaid Items Policy);
  • fail to deliver items sold by you, unless you have a valid reason as set out in a Med Market Exchange policy;
  • manipulate the price of any item or interfere with any other user’s listings;
  • take any action that may undermine the feedback or ratings systems;
  • transfer your Med Market Exchange account (including feedback) and/or user ID to another party without our written consent;
  • share your login credentials with any third parties.  You also agree that doing so binds you to full responsibility of any and all actions taken by the third parties in question, as well as any and all consequences, repercussions, and/or other results from the actions taken. 
  • create listings or provide us with content in inappropriate categories or areas of our sites;
  • engage in gambling;
  • provide us with content that is false, inaccurate, misleading, deceptive, defamatory, libelous, illegal, inappropriate, harmful, or violates and/or infringes the rights of others;
  • distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes;
  • distribute viruses or any other technologies that may harm Med Market Exchange or the interests or property of users;
  • use any robot, spider, scraper, data mining tools, data gathering and extraction tools, or other automated means to access our Services for any purpose, except with the prior express permission of Med Market Exchange;
  • circumvent any technical measures used to provide our Services;
  • interfere with the functioning of our Services, such as by imposing an unreasonable or disproportionately large load, as determined solely by Med Market Exchange, on our infrastructure;
  • export or re-export any Med Market Exchange application or tool, except in compliance with the export control laws, and rules and policies of any relevant jurisdictions without proper prior written approval from Med Market Exchange;
  • infringe the copyright, trademark, patent, publicity, moral, database, and/or other intellectual property rights (collectively, “Intellectual Property Rights”) that belong to or are licensed to Med Market Exchange or others from whom you do not have permission to do so. Some, but not all, actions that may constitute infringement are reproducing, performing, displaying, distributing, copying, reverse engineering, decompiling, disassembling, or preparing derivative works from content that belongs to Med Market Exchange or someone else;
  • infringe any Intellectual Property Rights that belong to third parties affected by your use of our Services or post content that does not belong to you;
  • commercialize any Med Market Exchange application or any information, data, or software associated with such application, except with the prior express permission of Med Market Exchange; or
  • harvest or otherwise collect or use information about users without their consent.

Sellers must meet Med Market Exchange’s minimum performance standards. Failure to meet these standards may result in Med Market Exchange charging sellers additional fees, and/or limiting, restricting, suspending, or downgrading your seller account.

If we believe you are violating this User Agreement or any of our policies, or abusing Med Market Exchange and/or our Services in any way, we may, in our sole discretion and without limiting other remedies, limit, suspend, or terminate your user account(s) and access to our Services, delay or remove hosted content, remove any special status associated with your account(s), remove, not display, and/or demote listings, reduce or eliminate any discounts, and take technical and/or legal steps to prevent you from using our Services. We may offer a process allowing users to report claimed violations for us to consider and handle through one or more of these options, all in our sole discretion.

If we believe you are violating our policies prohibiting offers to buy or sell outside of Med Market Exchange, you may be subject to a range of actions, including limits on your buying and selling privileges, restrictions on listings and account features, suspension of your account, application of fees, and recovery of expenses for policy monitoring and enforcement. Also, as provided below in the Fees and Taxes section, if we believe you are violating our policy on buying or selling outside of Med Market Exchange, you may be charged final value fees.

We may cancel unconfirmed accounts or accounts that have been inactive for a substantial period of time. Additionally, we reserve the right to refuse, modify, or terminate all or part of our Services to anyone for any reason at our discretion.

4. Policy Enforcement

When a buyer or seller issue arises, we may consider the user’s performance history and the specific circumstances in applying our policies. We may choose to be more lenient with policy enforcement in an effort to do the right thing for both buyers and sellers. The foregoing does not limit or impair our right to refuse, modify, or terminate all or part of our Services to anyone, or to terminate this agreement with anyone, for any reason at our discretion.

5. Fees and Taxes

Fees

We charge sellers for the use of our Services. In some cases, where buyers receive supplemental Services we may also charge those buyers for such supplemental Services.

The fees we charge sellers for using our Services to sell goods and services are listed on our Sell With Us and How It Works  pages. We may change our selling fees from time to time by posting the changes on the Med Market Exchange site fourteen (14) days in advance, but with no advance notice required for temporary promotions or any changes that result in the reduction of fees.

If you are a seller, you are liable for fees arising out of all sales made using some or all of our Services, even if sales terms are finalized or payment is made outside of Med Market Exchange. In particular, if you offer or reference your contact information or ask a buyer for their contact information in the context of buying or selling outside of Med Market Exchange, you may be liable to pay a final value fee applicable to that item, even if the item doesn’t sell, given your usage of our Services for the introduction to a buyer.

You as a seller must have a payment method on file when using our selling Services and pay all fees and applicable taxes associated with your use of our Services by the payment due date. If your payment method fails or your account is past due, we may place restrictions on your account, or Med Market Exchange may collect amounts owed from your linked payment account and late fees will apply. Med Market Exchange, or the collection agencies we retain, may also report information about your account to credit bureaus, and as a result, late payments, missed payments, or other defaults on your account may be reflected in your credit report. If you wish to dispute the information Med Market Exchange reported to a credit bureau (i.e., Experian, Equifax, or TransUnion) please contact us at Med Market Exchange, LLC, c/o Account Management, P.O. Box 80171, Simpsonville, SC, 29680. If you wish to dispute the information a collection agency reported to a credit bureau regarding your Med Market Exchange account, you must contact the collection agency directly.

Taxes

Med Market Exchange will collect and remit sales tax for applicable transactions on the platform in accordance with laws at the Federal, State, and local levels on behalf of our users, acting in the capacity of a marketplace facilitator in jurisdictions where appropriate and lawful.

6. Listing Conditions

When listing an item for sale on our Services, you agree to comply with Med Market Exchange’s listing and selling policies set forth in this User Agreement and also agree that:

  • You have full and appropriate authorization to sell the item(s) you list for sale, whether the item is your property or the property of another, and you are compliant with all legal and regulatory guidelines, laws, mandates, and other similar requirements of agencies with the authority to impose them, such as the Food and Drug Administration, local, state, and Federal laws, and so forth.
  • You assume full responsibility for the item offered and the accuracy and content of the listing, including listing content created using tools offered by Med Market Exchange or third parties such as translation, image editing, and generative artificial intelligence tools;
  • Your listing may not be immediately searchable by keyword or category for several hours (or up to 24 hours in some circumstances), depending on technical or other factors. Med Market Exchange cannot guarantee exact listing duration;
  • The content you provide complies with all of our listing policies;
  • Content that violates any of Med Market Exchange’s policies may be modified, obfuscated, or deleted at Med Market Exchange’s sole discretion;
  • We may revise listings to supplement, remove, or correct information;
  • We strive to create a marketplace where buyers find what they are looking for. Therefore, the appearance or placement of listings in search and browse results will depend on a variety of factors, including, but not limited to:
    • buyer’s location, search query, browsing site, and history;
    • item’s location, price and shipping costs, terms of service, history, and relevance to the user query;
    • seller’s history, including listing practices, seller ratings, Med Market Exchange policy compliance, feedback, and defect rate; and
    • number of listings matching the buyer’s query.
  • To drive a positive user experience, a listing may not appear in some search and browse results regardless of the sort order chosen by the buyer;
  • Metatags and URL links that are included in a listing may be removed or altered;
  • We may provide you with optional information to consider when creating your listings. Such information may be based on the aggregated sales and performance history of similar sold and/or current listings; results may vary for individual listings. You agree that we may display the sales and performance history of your individual listings to other sellers;
  • For items listed in certain categories, subject to certain programs, and/or offered or sold at certain price points, Med Market Exchange may require the use of certain payment methods;
  • You will not sell and will promptly remove all listings for any product recalled by a manufacturer or governmental agency if the sale of the product is prohibited by law or regulation or if the product poses a health or safety hazard as specified by any governmental agency. You bear all responsibility and liability, and Med Market Exchange has no responsibility or liability for the safety or performance of any product that you list or sell using our Services, including any product that is subject to a recall. You are solely responsible for any non-conformity or defect in, or compliance with any public or private recall of, any product you list or sell using our Services;
  • Med Market Exchange may publish and promote your listings, including related content such as username, product reviews and feedback, in any format and through any channel, including across any Med Market Exchange Services, our partners, or third-party property or advertising medium; and
  • Med Market Exchange may publish and promote your listings, including related content such as username, product reviews and feedback, in any format and through any channel, including social media, and across any Med Market Exchange Services, our partners, or third-party property or advertising medium; and
  • Selling fees do not purchase exclusive rights to item exposure on our Services. We may display third-party advertisements (including links and references thereto) or other content in any part of our Services, including listings, in our sole discretion and without consent from, or payment, fee reduction, or other credit to, sellers.

7. Purchase Conditions

When buying an item using our Services, you agree to the Buyer Policies outlined in Section 21 of this User Agreement, and that:

  • You have full and appropriate authorization to buy the item(s) you agree to purchase, and you are compliant with all legal and regulatory guidelines, laws, mandates, and other similar requirements of agencies with the authority to impose them, such as the Food and Drug Administration, local, state, and Federal laws, and so forth.
  • You are responsible for reading the full item listing before making a bid or offer, buying, or committing to buy;
  • You enter into a legally binding contract to purchase an item when you buy the item, commit to buy the item, your offer for the item is accepted, or your bid for the item is otherwise accepted, regardless of when payment is due or received unless the transaction terms state that you are required to pay for the item before a binding contract is formed;
  • ISO
  • We do not transfer legal ownership of items from the seller to you;
  • Utah Code Annotated § 70A-2-401(2) and Uniform Commercial Code § 2-401(2) apply to the transfer of ownership between the buyer and the seller, unless the buyer and the seller agree otherwise.

8. International Buying and Selling; Translation

Given the nature of Med Market Exchange’s marketplace, listings may be viewed and purchased by, and shipped to, buyers in various parts of the world. Many of our Services are accessible internationally. Sellers and buyers are responsible for complying with all laws and regulations applicable to the international sale, purchase, and shipment of items.

If you purchase an item on a Med Market Exchange site that is different from your registration site, you are subject to the User Agreement and applicable policies of that other Med Market Exchange site with respect to that particular purchase, as detailed in the International selling policy.

For sellers, you agree that we may display your listing for sale on a Med Market Exchange site other than the site where you listed your item for sale, based on your settings. You may adjust these settings as detailed in the International selling policy. If you list your items with an international shipping option, the appearance of your listings on sites other than the listing site is not guaranteed. If you sell an item on a Med Market Exchange site that is different from your registration or listing site, you are subject to the User Agreement and applicable policies, including any buyer protection programs, of that other Med Market Exchange site with respect to that particular sale, as detailed in the International selling policy.

You authorize us to use automated tools to translate your Med Market Exchange content, including member-to-member communications, in whole or in part, into local languages where such translation solutions are available. We may provide you with tools which will enable you to translate content at your request. The accuracy and availability of any translation are not guaranteed.

9. Content

When you provide content using our Services (directly or indirectly), you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise any and all Intellectual Property Rights you have in that content in connection with our provision, expansion, and promotion of our Services, including development of new offerings as part of our Services, in any media known now or developed in the future. To the fullest extent permitted under applicable law, you waive your right to enforce your Intellectual Property Rights, including any moral rights, in that content against Med Market Exchange, our assignees, our sublicensees, and their assignees in connection with our, those assignees’, and those sublicensees’ use of that content in connection with our provision, expansion, and promotion of our Services.

You represent and warrant that, for all such content you provide, you own or otherwise control all necessary rights to do so and to meet your obligations under this User Agreement. You represent and warrant that such content is accurate, appropriate, and legal. You represent and warrant that use of any such content (including derivative works) by us, our users, or others in contract with us, and in compliance with this User Agreement, does not and will not infringe any Intellectual Property Rights of any third party. Med Market Exchange takes no responsibility and assumes no liability for any content provided by you or any third party.

We offer product data (including images, descriptions and specifications) that are provided by third parties (including Med Market Exchange users). You may use that content solely in your Med Market Exchange listings. Med Market Exchange may modify or revoke such permission at any time in our sole discretion. The product data includes copyrighted, trademarked, and other proprietary materials. You agree not to remove any copyright, proprietary, or identification markings in the product data and not to create any derivative works based on that data (other than by including the data in your listings).

We try to offer reliable product data, but we cannot promise that the content provided through our Services will always be available, accurate, complete, and up-to-date. You agree that Med Market Exchange is not responsible for examining or warranting the listings or content provided by third parties through our Services, and that you will not attempt to hold us or our data providers liable for inaccuracies.

The name “Med Market Exchange” and other Med Market Exchange marks, logos, designs, and phrases that we use in connection with our Services are trademarks, service marks, or trade dress of Med Market Exchange in the U.S. and other countries. They may not be used without the express written prior permission of Med Market Exchange.

10. Notice for Claims of Intellectual Property Violations and Copyright Infringement Pursuant to Section 512(c) of Title 17 of the United States Code

We respond to notices of alleged copyright infringement under the United States Digital Millennium Copyright Act. If you believe that your intellectual property rights have been infringed, please notify us through our Report Abuse link or email us at support@wordpress-1468816-5564424.cloudwaysapps.com.

11. Holds and Restricted Funds

To protect our users from unauthorized transactions, access to funds, and other potential cases of fraudulent activities, Med Market Exchange and its various financial partners, including but not limited to Stripe, PayPal, Apple, Google, Chase Bank, and other financial institutions may restrict access to funds in accordance with, and, in some cases, in combination with their and other entities’ terms and conditions.

12. Authorization to Contact You; Recording Calls; Analyzing Message Content

Med Market Exchange may contact you using autodialed or prerecorded calls and text messages, at any telephone number that you have provided us, to: (i) notify you regarding your account; (ii) troubleshoot problems with your account; (iii) resolve a dispute; (iv) collect a debt; (v) poll your opinions through surveys or questionnaires; or (vi) as otherwise necessary to service your account or enforce this User Agreement, our policies, applicable law, or any other agreement we may have with you. Med Market Exchange may also contact you using autodialed or prerecorded calls and text messages for marketing purposes (e.g., offers and promotions), if you consent to such communications. Our collection, use, disclosure, retention, and protection of your personal information is governed by our user Privacy Policy. As described in our Privacy Policy, Med Market Exchange may collect other telephone numbers for you and may place manual non-marketing calls to any of those numbers and autodialed non-marketing calls to any landline. Standard telephone minute and text charges may apply and may include overage fees if you have exceeded your plan limits. You may change your marketing communications preference for calls at any time by editing your profile information for your Med Market Exchange account or requesting an opt-out via email to support@wordpress-1468816-5564424.cloudwaysapps.com. You may also opt-out of a specific text marketing campaign by replying “STOP” to such marketing text message.

Med Market Exchange may share your telephone number with its authorized service providers as stated in our Privacy Policy. These service providers may contact you using autodialed or prerecorded calls and text messages, only as authorized by Med Market Exchange to carry out the purposes identified above.

Med Market Exchange may, without further notice or warning and in its discretion, monitor or record telephone conversations you or anyone acting on your behalf has with Med Market Exchange or its agents for quality control and training purposes, or for its own protection.

Med Market Exchange’s automated systems scan and analyze the contents of every message sent through its messaging platforms (including but not limited to chat and email channels), including messages between users, to: (i) detect and prevent fraudulent activity or violations of Med Market Exchange’s User Agreement, including the incorporated terms, notices, rules, and policies and (ii) provide and improve our Services. This may result in a manual review of messages sent through our messaging tools. This scanning and analysis may occur before, during, or after the message is sent, or while in storage, and may result in your message being delayed or withheld. Med Market Exchange may store message contents, including to conduct this scanning and analysis.

Privacy of Others; Marketing

If Med Market Exchange provides you with information about another user, you agree you will use the information only for the purposes that it is provided to you. You may not disclose or distribute a user’s information to a third party for purposes unrelated to our Services. Additionally, you may only send marketing communications to users who have consented to receive them in accordance with applicable laws, and only using Med Market Exchange Services.

13. Additional Terms

Returns and cancellations for sellers

Sellers may customize their return preferences in their account settings within My Med Market Exchange. You agree to comply with our Return & Refund Policy.

When an item is returned or if a transaction is canceled after payment has been completed, Med Market Exchange may issue a refund to the buyer on the seller’s behalf and charge the seller for the amount of the refund.

Additionally, Med Market Exchange may charge sellers for the cost of return shipping labels and/or other reasonable fees from sellers when:

  • The seller fails to send the buyer a return shipping label and, instead, a Med Market Exchange-generated shipping label is used; and/or
  • The item is not as described in the listing and is returned in accordance with Med Market Exchange Return & Refund Policy. or other applicable terms.

Med Market Exchange may invoice sellers for these charges and collect such charges as described in the Payments Terms of Use.

Returns and cancellations for buyers

Buyers generally do not have the right to cancel an order. Buyers can request to cancel an order on Med Market Exchange within the time period and as provided in our Return & Refund Policy., and the seller will have 3 days to accept or decline the request. If the order cannot be canceled, buyers may still be permitted to return the item if the item is eligible for return.

In certain instances, a buyer may be responsible for the cost of return shipping for an item returned to a seller. 

Recommendations

Med Market Exchange may offer personalized recommendations to you to provide a relevant and engaging experience, helping you sell or buy items of interest to you. These recommendations may consider data related to your Med Market Exchange activity, the item, and seasonality, among other factors.

14. Payment Services

Payments for goods and services sold using our services are facilitated by designated Med Market Exchange financial partners (each, an individual “Med Market Exchange financial partner”) pursuant to the User Agreement. You agree to the User Agreement to the extent applicable to you. To receive payment for an item sold using our Services, you must accept and comply with all terms of the User Agreement, including the requirements to provide to Med Market Exchange Payment Entities information about you, your business, and the financial account you will use to receive payments.

If you make a purchase:

  • You may pay for items and services using the payment methods that Med Market Exchange makes available, and Med Market Exchange, LLC or the Med Market Exchange financial partners will manage settlement of the payment to sellers. The Med Market Exchange financial partners will collect the transaction amount on behalf of the seller by charging your selected payment method. Accordingly, payments received by the Med Market Exchange financial partners from you will satisfy your obligations to pay the seller in the amount of payments received;
  • In certain instances, your transaction may be declined, frozen, or held for any reason including for suspected fraud, Anti-Money Laundering (“AML”) compliance, compliance with economic or trade sanctions, in connection with Med Market Exchange’s internal risk controls or due to potential violations of any policy of Med Market Exchange or the Med Market Exchange financial partners, or a policy of one of the financial partners’ third-party payment services providers;
  • Med Market Exchange, the Med Market Exchange financial partner, or affiliates of either may save payment information, such as credit card or debit card numbers, card expiration dates, CVV codes, billing zip codes, or other information entered by you on our Services when you make a purchase, redeem a coupon, or make any other transaction on our Services where card information is entered. Such stored payment information may be used as your default payment method for future transactions on our Services. At any time, you can update your card information or enter new card information, at which point the new card information shall be stored as your default payment method. You may make changes to your default payment method through the payment section in My Med Market Exchange. You are responsible for maintaining the accuracy of information we have on file, and you consent to Med Market Exchange updating such stored information from time to time based on information provided by you, your bank or other payments services providers. You will only provide information about payment methods that you are authorized to use. By placing a payment method on file with us, you authorize Med Market Exchange or Med Market Exchange financial partners to charge your payment method(s) for any and all amounts arising from your use of our Services, including charges to recover the proceeds of any fraud perpetrated by you, or charges necessary to recoup amounts refunded to you in error;
  • You may seek returns or cancellations on our Services. If you are entitled to a refund, the Med Market Exchange financial partner will issue the refund if the Med Market Exchange financial partner processed the original payment. Refund timing may vary in accordance with the rules of third parties, such as credit and debit card networks;
  • You agree to comply with, and not cause a third party to violate, all applicable laws, regulations, rules and terms and conditions in connection with the use of the services provided by the Med Market Exchange financial partners. You understand that some third parties, such as credit and debit card issuers, credit and debit card networks and payments services providers, may have their own terms and conditions for the payment or settlement methods you choose to use in connection with managed payments transactions. Failure to abide by third-party terms and conditions may result in fees assessed to you (for example, currency conversion fees from your credit card issuer if the transaction currency is different from your credit card currency) or other actions taken by such third parties, and you agree that the Med Market Exchange has no control over, or responsibility or liability for, such fees or actions.

15. Disclaimer of Warranties; Limitation of Liability

We try to keep our Services safe, secure, and functioning properly, but we cannot guarantee the continuous operation of or access to our Services. Bid update and other notification functionality in Med Market Exchange’s applications may not occur in real time. Such functionality is subject to delays beyond Med Market Exchange’s control.

YOU AGREE THAT YOU ARE MAKING USE OF OUR SERVICES AT YOUR OWN RISK, AND THAT THEY ARE BEING PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. ACCORDINGLY, TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE EXCLUDE ALL EXPRESS OR IMPLIED WARRANTIES, TERMS AND CONDITIONS INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

IN ADDITION, TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL Med Market Exchange (INCLUDING OUR PARENT, SUBSIDIARIES, AND AFFILIATES, AND OUR AND THEIR OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES) BE LIABLE TO YOU OR ANY THIRD PARTY UNDER ANY CLAIM AT LAW OR IN EQUITY FOR ANY CONSEQUENTIAL DAMAGES OR LOSSES (INCLUDING, BUT NOT LIMITED TO, LOSS OF MONEY, GOODWILL OR REPUTATION, PROFITS, OTHER INTANGIBLE LOSSES, OR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES), AND ALL SUCH DAMAGES OR LOSSES ARE EXPRESSLY EXCLUDED BY THIS USER AGREEMENT WHETHER OR NOT THEY WERE FORESEEABLE OR Med Market Exchange WAS ADVISED OF SUCH DAMAGES OR LOSSES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE (INCLUDING OUR PARENT, SUBSIDIARIES, AND AFFILIATES, AND OUR AND THEIR OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES) ARE NOT LIABLE, AND YOU AGREE NOT TO HOLD US RESPONSIBLE, FOR ANY DAMAGES OR LOSSES (INCLUDING, BUT NOT LIMITED TO, LOSS OF MONEY, GOODWILL OR REPUTATION, PROFITS, OTHER INTANGIBLE LOSSES, OR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES) RESULTING DIRECTLY OR INDIRECTLY FROM:

  • the content you provide (directly or indirectly) using our Services;
  • your use of or your inability to use our Services;
  • pricing, shipping, format, or other guidance provided by Med Market Exchange;
  • delays or disruptions in our Services;
  • viruses or other malicious software obtained by accessing or linking to our Services;
  • glitches, bugs, errors, or inaccuracies of any kind in our Services;
  • damage to your hardware device from the use of any Med Market Exchange Service;
  • the content, actions, or inactions of third parties, including items listed using our Services or the destruction of allegedly fake items;
  • a suspension or other action taken with respect to your account or breach of the Using Med Market Exchange section above;
  • the duration or manner in which your listings appear in search results as set out in the Listing Conditions section above; or
  • your need to modify practices, content, or behavior, or your loss of or inability to do business, as a result of changes to this User Agreement or our policies.

Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.

Regardless of the previous paragraphs, if we are found to be liable, our liability to you or to any third party is limited to the greatest of (a) any amounts due up to the price the item sold for on Med Market Exchange (including any applicable sales tax) plus its original shipping costs, (b) the amount of fees in dispute, not to exceed the total fees you paid to us in the 12 months prior to the action giving rise to the liability, or (c) $100.

16. Release

If you have a dispute with one or more users, you release us (and our affiliates and subsidiaries, and our and their respective officers, directors, employees, and agents) from 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) 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.

17. Indemnity

You will indemnify and hold us (including our affiliates and subsidiaries, as well as our and their respective officers, directors, employees, and agents) harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of this User Agreement, your improper use of our Services or your breach of any law or the rights of a third party.

18. Legal Disputes

THIS SECTION IS IMPORTANT, AS IT AFFECTS YOUR RIGHTS AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW CLAIMS YOU AND Med Market Exchange HAVE AGAINST EACH OTHER ARE RESOLVED.

In this Legal Disputes section, the term “related third parties” includes your and Med Market Exchange’s respective affiliates, subsidiaries, parent companies, predecessors, successors, assigns, as well as your, Med Market Exchange’s, and these entities’ respective employees and agents.

You and Med Market Exchange each agree that any and all claims or disputes at law or equity that has arisen, or may arise, between you and Med Market Exchange (or any related third parties) that relate in any way to or arise out of this or previous versions of this User Agreement, your use of or access to the Services, the actions of Med Market Exchange or its agents, or any products or services sold, offered, or purchased through the Services, will be resolved in accordance with the provisions set forth in this Legal Disputes section.

A. Applicable Law

You agree that, except to the extent inconsistent with or preempted by federal law, the laws of the State of South Carolina, without regard to principles of conflict of laws, will govern this User Agreement and any claim or dispute that has arisen or may arise between you and Med Market Exchange, except as otherwise stated in this User Agreement.

B. Agreement to Arbitrate

You and Med Market Exchange each agree that any and all disputes or claims that have arisen, or may arise, between you and Med Market Exchange (or any related third parties) that relate in any way to or arise out of this or previous versions of the User Agreement, your use of or access to our Services, the actions of Med Market Exchange or its agents, or any products or services sold, offered, or purchased through our Services shall be resolved exclusively through final and binding arbitration, rather than in court, subject to any exemptions listed in this section.

The Federal Arbitration Act (“FAA”) and, to the extent not inconsistent with the FAA, the law of the State of South Carolina without regard to principles of conflict of laws govern the interpretation and enforcement of this Agreement to Arbitrate.

  1. Exemption – Small Claims Court Claims
    Notwithstanding the parties’ agreement to resolve all disputes through arbitration, either party may seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction and on an individual (non-class) basis only. If a party initiates an arbitration asserting a claim that falls within the jurisdiction of a small claims court, the other party may, in its discretion, require that the arbitration demand be withdrawn and that the claim be filed in small claims court.
    Any dispute about whether a claim falls within any given small claims court’s jurisdiction will be resolved by that court, not by an arbitrator. In the event of any such jurisdictional dispute, the arbitration proceeding will remain closed unless and until the small claims court issues a decision that the claim should proceed in arbitration.
  2. Prohibition of Class and Representative Actions and Non-Individualized Relief
    YOU AND Med Market Exchange 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 OR PRIVATE ATTORNEY GENERAL ACTION OR PROCEEDING. UNLESS BOTH YOU AND Med Market Exchange 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, CLASS, OR PRIVATE ATTORNEY GENERAL ACTION OR 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 SOUGHT BY THAT PARTY’S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT BE GRANTED TO OR AFFECT OTHER USERS. If a court decides that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular claim or a particular request for a remedy (such as a request for injunctive relief), then that claim or that remedy request (and only that claim or that remedy request) must be severed from the arbitration and may be brought in court (pursuant to Section 18.C below), subject to your and Med Market Exchange’s right to appeal the court’s decision. All other claims will be arbitrated.
  3. 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 individualized basis that a court can award to an individual. An arbitrator will apply the terms of the User Agreement as a court would. All issues are for the arbitrator to decide, except that issues relating to arbitrability, the scope or enforceability of this Agreement to Arbitrate, or the interpretation of Section 2 of this Agreement to Arbitrate (“Prohibition of Class and Representative Actions and Non-Individualized Relief”), shall be for a court of competent jurisdiction to decide as set forth under Section 18.C below.
    The arbitration will be administered by the American Arbitration Association (“AAA”) under its rules and procedures, including the AAA’s Consumer Arbitration Rules and the AAA’s Commercial Arbitration Rules, and the AAA’s International Centre for Dispute Resolution Rules (as applicable), as modified by this Agreement to Arbitrate. Absent mutual written agreement of the parties, the AAA shall decide which AAA rules apply to the arbitration. The AAA’s rules are available at www.adr.org and www.icdr.org. In the event that the AAA is unavailable to administer the arbitration, another administrator will be selected by the parties or, if the parties cannot reach agreement, the court (pursuant to Section 18.C below) shall select the administrator.
    A party who intends to seek arbitration must first send to the other, by certified mail, a valid Notice of Dispute (“Notice”), which may be downloaded at this link . The Notice to Med Market Exchange must be sent to Med Market Exchange LLC., Attn: Litigation Department, Re: Notice of Dispute, P.O. Box 80171, Simpsonville, SC 29680. Med Market Exchange will send any Notice to you to the physical address we have on file associated with your Med Market Exchange account; it is your responsibility to keep your physical address up to date. To be valid, you must personally sign the Notice and complete all information on the Notice form, including a description of the nature and basis of the claims you are asserting, the specific relief sought, and the email address and phone number associated with your account.
    If you and Med Market Exchange are unable to resolve the claims described in a valid Notice within 90 days after Med Market Exchange receives that Notice, you or Med Market Exchange may initiate arbitration or small claims proceedings. A form for initiating arbitration proceedings is available on the AAA’s site at www.adr.org. In addition to filing this form with the AAA in accordance with its rules and procedures, the party initiating the arbitration must mail a copy of the completed form to the opposing party. You may send a copy to Med Market Exchange at the following address: Med Market Exchange, LLC, P.O Box 80171, Simpsonville, SC 29680. In the event Med Market Exchange initiates an arbitration against you, it will send a copy of the completed form to the physical address we have on file associated with your Med Market Exchange account; it is your responsibility to keep your physical address up to date. Any settlement offer made by you or Med Market Exchange shall not be disclosed to the arbitrator.
    If you are a resident of the United States, then the arbitration hearing shall be held in the county in which you reside or at another mutually agreed location. If you are not a resident of the United States, then the arbitration hearing will be held in Greenville County, South Carolina, United States, or another mutually agreed location. Where no disclosed claims or counterclaims exceed $25,000, the dispute shall be resolved by the submission of documents only, subject to the arbitrator’s discretion to require an in-person hearing, if the circumstances warrant. In cases where an in-person hearing is held, you and/or Med Market Exchange may attend remotely, unless the arbitrator requires otherwise. The language of the arbitration will be English.
    The arbitrator will decide the substance of all claims in accordance with applicable law, 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 users, but shall be bound by rulings in prior arbitrations involving the same Med Market Exchange 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.
  4. 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. Any request for payment of fees by Med Market Exchange should be submitted by mail to the AAA along with your Demand for Arbitration and you will make arrangements to pay administration and arbitrator fees directly to the AAA. In the event the arbitrator determines the claim(s) you assert in the arbitration to be frivolous, you agree to refrain from filing a claim or request for arbitration for 180 days, and to pay what you are deemed obligated to pay under the AAA’s rules.
  5. Severability
    With the exception of any of the provisions in Section 2 of this Agreement to Arbitrate (“Prohibition of Class and Representative Actions and Non-Individualized Relief”), if an arbitrator or 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.
  6. Opt-Out Procedure
    IF YOU ARE A NEW USER OF OUR SERVICES, YOU CAN CHOOSE TO REJECT THIS AGREEMENT TO ARBITRATE (“OPT-OUT”) BY MAILING US A WRITTEN OPT-OUT NOTICE (“OPT-OUT NOTICE”). THE OPT-OUT NOTICE MUST BE POSTMARKED NO LATER THAN 10 CALENDAR DAYS AFTER THE DATE YOU ACCEPT THE USER AGREEMENT FOR THE FIRST TIME. YOU MUST MAIL THE OPT-OUT NOTICE TO Med Market Exchange INC., ATTN: LITIGATION DEPARTMENT, RE: OPT-OUT NOTICE, P.O. Box 80171, SIMPSONVILLE, SC 29680.
    The Opt-Out Notice must contain, at minimum, the following information: your name, address (including street address, city, state, and zip code), and the user ID(s) and email address(es) associated with the Med Market Exchange 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 this User Agreement and its Legal Disputes section will continue to apply to you. Opting out of this Agreement to Arbitrate has no effect on any previous, other, or future arbitration agreements that you may have with us.
  7. Future Amendments to the Agreement to Arbitrate
    Notwithstanding any provision in the User Agreement to the contrary, you and Med Market Exchange agree that if we make any amendment to this Agreement to Arbitrate (other than an amendment to any notice address or site link provided herein) in the future, that amendment shall not apply to any claim that was filed in a legal proceeding against Med Market Exchange prior to the effective date of the amendment. The amendment shall apply to all other disputes or claims governed by the Agreement to Arbitrate that have arisen or may arise between you and Med Market Exchange. We will notify you of amendments to this Agreement to Arbitrate by posting the amended terms on www.MedMarketExchange.com at least 30 days before the effective date of the amendments and by providing notice through the Med Market Exchange Message Center and/or by email. If you do not agree to these amended terms, you may close your account within the 30-day period and you will not be bound by the amended terms.

C. Judicial Forum for Legal Disputes

If the Agreement to Arbitrate above is found not to apply to you or to a particular claim or dispute, either as a result of your decision to opt out of the Agreement to Arbitrate or as a result of a decision by the arbitrator or a court order, you agree that any claim or dispute between you and Med Market Exchange will be resolved exclusively by a state or federal court located in Greenville County, South Carolina. You and Med Market Exchange agree to submit exclusively to the personal jurisdiction of the courts located within Greenville County, South Carolina for the purpose of litigating all such claims, disputes, or matters.

19. General

Except as otherwise provided in this User Agreement, if any provision of this User Agreement is held to be invalid, void or for any reason unenforceable, such provision shall be struck out and shall not affect the validity and enforceability of the remaining provisions. In our sole discretion, we may assign this User Agreement, and in such event, we will post notice on MedMarketExchange.com.

Headings are for reference purposes only and do not limit the scope or extent of such section. 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. We do not guarantee we will take action against all breaches of this User Agreement.

We may amend this User Agreement at any time by posting the amended terms on MedMarketExchange.com. Our right to amend the User Agreement includes the right to modify, add to, or remove terms in the User Agreement.  For material changes to the user agreement, we will provide you no less than 30 days’ notice by posting the amended terms. Additionally, we will notify you by email. Your continued access or use of our Services constitutes your acceptance of the amended terms. We may also ask you to acknowledge your acceptance of the User Agreement through an electronic click-through. This User Agreement may not otherwise be amended except through mutual agreement by you and an Med Market Exchange representative who intends to amend this User Agreement and is duly authorized to agree to such an amendment.

Without limiting Med Market Exchange’s ability to refuse, modify, or terminate all or part of our Services, Med Market Exchange may also terminate this Agreement with anyone at any time for any reason, at our sole discretion, by giving notice of such termination.

The policies and terms posted on our Services may be changed from time to time. Changes take effect when we post them on the Med Market Exchange Service.

If you create or use an account on behalf of a business entity, you represent that you are authorized to act on behalf of such business and bind the business to this User Agreement. Such account is owned and controlled by the business entity. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this User Agreement.

The User Agreement and all terms and policies posted through our Services set forth the entire understanding and agreement between you and Med Market Exchange, and supersede all prior understandings and agreements of the parties.

The following sections survive any termination of this User Agreement: Fees and Taxes, Content, Holds and Restricted Funds, Additional Terms, Payment Services, Disclaimer of Warranties; Limitation of Liability; Release, Indemnity, Legal Disputes, and General.

20. Seller Policies

Copyright Infringement

Listings or products that infringe on the intellectual property rights of others are not allowed on Med Market Exchange.

Search Manipulation Policy

Manipulating Med Market Exchange’s search and browse experience by adding popular keywords in your listings that don’t have any relation to your items, or using other tactics that could mislead buyers, is not allowed. To make sure our search results give buyers the best experience possible, it’s also important to accurately describe your items, use a clear title, and list in the appropriate categories. Manipulation tactics such as:

  • Manipulating search results to gain unfair visibility of a listing
  • Using keywords that are not directly related to the item for sale
  • Listings that make comparisons with other products
  • Listings that promote other listings

are not allowed and may result in removal of the product listing.

Circumventing the Med Market Exchange Platform: Sellers

Offering to buy or sell outside of Med Market Exchange is strictly prohibited.  Additionally, Buyers and sellers are prohibited from sharing contact information, including, but not limited to: email addresses, phone numbers, social media accounts such as X, Facebook, Instagram, TikTok, SnapChat, Threads, Discord, or any other social media platform, nor any messaging services, such as the aforementioned social media platforms’ messaging services, or exclusive communication-focused apps or programs, including WhatsApp, SMS text, RCS text, iMessages, Slack, Zoom, Teams, Google Chat, Google Meet, or any other function of the suite of applications offered by organizations such as Google, Microsoft, Apple (including AirDrop), or others.  This list provides examples of the types of methods of communication that are prohibited, as a vehicle to provide users an understanding of the things to which you are agreeing, and is not to be considered an exhaustive list. Contacting another Med Market Exchange member to discuss moving a purchase off the platform exposes both the buyer and seller to the risk of fraud. Methods of circumventing the Med Market Exchange platform include, but are not limited to:

  • Engaging in any action with a user on the site designed to complete or facilitate a transaction outside of Med Market Exchange
  • The sharing of or request for direct contact information. Including, but not limited to:
    • Name(s)
    • Physical Address(es)
    • Phone number(s)
    • Email address(es)
    • Social media ID(s)
    • Instant messenger ID(s)
    • External website addresses (URLs)
    • Payment information
    • Bank details
  • Any communications with another Med Market Exchange  member, referring to or promoting external websites that facilitate sales outside of the Med Market Exchange platform
  • Using contact information obtained through a Med Market Exchange transaction to offer to buy or sell an item outside of the Med Market Exchange platform
  • Listing an item and then mentioning or linking to additional identical or related items for sale outside of Med Market Exchange
  • Offer catalogs or other items that are used to order items directly outside of Med Market Exchange

21. Buyer Policies

Abusive Buyer Policy

This policy outlines required buyer behavior. Sellers may report violations of these standards via the Report Abuse link found in the footer of every page of the website. Engaging in abusive activity may result in a range of actions, including written warnings, being blocked from filing returns or claims, and account suspension. We review all reports based on individual evidence and overall behavior patterns of both buyers and sellers. We reserve the right to take no action if the evidence is inconclusive, and due to member privacy, we cannot disclose the results of any investigation.

Examples of Unacceptable Buyer Behaviors (not an exhaustive list):

  • Demanding/requesting something not in the original item listing which may include, but is not limited to: requesting shipping options, payment options, services, or discounts not offered by the seller in the original listing, requesting shipping to an address not included in the checkout process,  asking a seller to hold your item for later payment, requesting full or partial refunds without returning the item.
  • Making false claims which may include, but is not limited to: claiming an item was not received when there is proof of delivery to the address listed in checkout, falsely claiming that an item was damaged, incomplete, or not as described.
  • Misusing returns which may include, but is not limited to: returning an item that is not the originally received item, returning an item after using or damaging it, or falsely claiming that an item was not as described.
  • Misusing messaging which may include, but is not limited to: sending intimidating messages of any kind, sending messages to coerce a member into something outside of the original sales terms, sending messages to circumvent the sale of an item(s) on the Med Market Exchange platform.
  • Not paying for items within 4 calendar days or 2 business days, whichever comes first. Sellers have the right to cancel any order that is not paid within this time frame. Buyers with multiple unpaid items or canceled orders may have limits imposed on their accounts or may have their accounts canceled and closed. For more details, please review our Unpaid Item Policy.

Buyer Feedback Policy

Please provide accurate and meaningful feedback for vendors on your purchases. In order to maintain a meaningful feedback system we may remove harmful, irrelevant, or inappropriate comments. Feedback removal is based on factual evidence. Examples of feedback that will be removed are:

  • Content promoting hatred, violence or discrimination
  • Profane, obscene, adult, illegal, or explicit content
  • Opinions on any political, religious, or social issues
  • Any implied or explicit threats or intimidation
  • Personally identifiable information
  • Links, URLs, or other content encouraging sales outside of Med Market Exchange
  • Infringement of third-party rights

Circumventing the Med Market Exchange Platform: Buyers

Offering to buy or sell outside of Med Market Exchange is strictly prohibited.  Additionally, Buyers and Sellers are prohibited from sharing contact information, including, but not limited to: email addresses, and phone numbers, social media accounts such as X, Facebook, Instagram, TikTok, SnapChat, Threads, Discord, or any other social media platform, nor any messaging services, such as the aforementioned social media platforms’ messaging services, or exclusive communication-focused apps or programs, including WhatsApp, SMS text, RCS text, iMessages, Slack, Zoom, Teams, Google Chat, Google Meet, or any other function of the suite of applications offered by organizations such as Google, Microsoft, Apple (including AirDrop), or others.  This list provides examples of the types of methods of communication that are prohibited, as a vehicle to provide users an understanding of the things to which you are agreeing, and is not to be considered an exhaustive list. prior to completing a transaction on Med Market Exchange. Contacting another Med Market Exchange member to discuss moving a purchase off the platform exposes both the buyer and seller to the risk of fraud. Methods of circumventing the Med Market Exchange platform include, but are not limited to:

  • Engaging in any action with a user on the site designed to complete or facilitate a transaction outside of Med Market Exchange
  • Share or request direct contact information. This includes:
    • Name(s)
    • Physical Address(es)
    • Phone number(s)
    • Email address(es)
    • Social media ID(s)
    • Instant messenger ID(s)
    • External website addresses (URLs)
    • Payment information
    • Bank details
  • In any communications with another Med Market Exchange  member, referring to or promoting external websites that facilitate sales outside of the Med Market Exchange platform
  • Using contact information obtained through a Med Market Exchange transaction to offer to buy or sell an item outside of the Med Market Exchange platform
  • Listing an item and then mentioning or linking to additional identical or related items for sale outside of Med Market Exchange
  • Offer catalogs or other items that are used to order items directly outside of Med Market Exchange