This is a
legal agreement between you, the user and GObidMD.com.
GENERAL USE PROVISIONS This site
is provided only as a venue for bidders and auction posters. GObidMD.com is not
involved in the actual transaction between these parties and assumes no control
or liability over any issues that may arise as a result of this
transaction.
INTELLECTUAL PROPERTY All
materials provided on this Website, including but not limited to information,
documents, products, logos, graphics, images, auctions and services are the
wholly owned and copyrighted work of GObidMD.com and/or its Third Party
Providers. None of the materials posted herein may be copied, reproduced,
distributed, republished, downloaded, displayed, posted or transmitted in any
form or by any means, including but not limited to electronic, mechanical,
photocopying, recording, or other means, without the prior express written
permission of GObidMD.com or the appropriate Third Party Provider. You may not
"mirror" any materials contained on this Website on any other server or site
without GObidMD.com’s prior written consent. In order to register on this site
you must provide your true name and a valid email address.
BIDDING Bidding on an item
indicates your intent to purchase that item and is considered a legally binding
contract between yourself and the seller of the item. Bids cannot be cancelled
once they are submitted. Upon receiving notification that you are the winning
bidder you are obligated to purchase the item. You also agree to pay for the
item using the accepted payment method that is indicated by the seller (e.g.
Credit card, check, bank wire, PayPal...)
POSTING/SELLING For the protection
of GObidMD users and to enforce compliance with applicable laws, GObidMD has
instituted rules relating to sales of all medical devices on our site. Sellers
may not list medical devices on GObidMD that require a prescription for
distribution to the general public. GObidMD reserves the right to determine
which products are allowed to be sold via the website and may change this policy
at any time and without notification to its users. By listing products for sale
on GObidMD, sellers certify that they will comply with all local, state and
federal laws applicable to the sales of medical devices—including, where
necessary, making sure that the buyer is authorized by law to purchase the
item.
Please also note that by listed on GObidMD that the sale may be
subject to regulation by the U.S. Food and Drug Administration and state and
local regulatory agencies. Please make certain you are an authorized bidder and
buyer prior to completing a transaction. All of these rights and
responsibilities outlined here or implied lie with the users of GObidMD and
under no circumstances will GObidMD take responsibility for enforcement or
interpretation of these laws and rules.
Sellers who have questions about
legal obligations regarding sales of medical devices should consult with the
FDA's Center for Devices and Radiological Health (800.638.2041; email:
dsmica@cdrh.fda.gov; website www.fda.gov).
Sellers must clean and handle
all medical devices in accordance with the manufacturer's instructions before
shipping. Sellers may not list any medical device that has been altered in any
way that significantly changes the product's performance or safety
specifications. If items possess an expiration date for use, the items must be
delivered to buyers prior to the clearly marked expiration or "use by" date.
Sellers must clearly inform potential bidders plainly and clearly in the item
description if the device has been opened or used. In addition, users should
review the product manufacturer's website before listing or bidding on any used
medical device to obtain the latest information about any health or safety
issues relating to that product.
Posting an item in an auction indicates
your intent to sell this item to the highest bidder and is irrevocable. This
intent to purchase is legally binding. Upon completion of the auction it is your
responsibility to conclude the sale with the winning bidder. In order to post an
item on this auction site you must agree to the following:
You will need to indicate a valid credit card (Visa, Master Card, American
Express) in your User Account that will be charged by GObidMD.com for listings
fees as well as successful auction fees. Your card will be charged at the
completion of each of your auctions.
Do not inflate the price of your item by bidding on the item yourself. Do
not engage in any fraudulent or illegal activity. Do not infringe on any third
party copyright, trademark, service mark or patent. Do not spam (send
unsolicited email) to users of this site. Spamming will result in immediate
termination.
FEES You agree to pay all fees
incurred from your use of this Website. All fees incurred in connection with
this Website are non-refundable.
DENIAL OF SERVICE GObidMD.com
reserves the right to refuse service to anyone for any reason. This right will
be exercised when it becomes evident a user is in some way abusing the
system.
TERMS OF SERVICE This comprises
the entire agreement between the User and GObidMD.com and supersedes all other
agreements. By registering and participating as a user you are indicating your
consent to be bound by this agreement.
DISCLAIMER EXCEPT AS SPECIFIED
HEREIN, THE SERVICES ON THIS WEBSITE ARE PROVIDED SOLELY ON AN "AS IS" BASIS.
GOBIDMD.COM HEREBY DISCLAIMS ALL EXPRESSED OR IMPLIED REPRESENTATIONS,
WARRANTIES, GUARANTEES, AND CONDITIONS, INCLUDING BUT NOT LIMITED TO ANY IMPLIED
WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
TITLE AND NON-INFRINGEMENT, EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE HELD
TO BE LEGALLY INVALID IN YOUR JURISDICTION. YOU ASSUME ALL RESPONSIBILITY FOR
DETERMINING WHETHER THE PRODUCTS/SERVICES ARE SUFFICIENT FOR YOUR PURPOSES.
GOBIDMD.COM DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES, GUARANTIES, OR
CONDITIONS AS TO THE QUALITY, SUITABILITY, ACCURACY, OR COMPLETENESS OF ANY OF
THE PRODUCTS/SERVICES CONTAINED ON THE WEBSITE.
LIMITATION OF
LIABILITY GOBIDMD.COM SHALL NOT BE LIABLE FOR ANY DIRECT OR INDIRECT
DAMAGES SUFFERED AS A RESULT OF PURCHASING OR SELLING ITEMS ON THIS WEBSITE. IN
NO EVENT SHALL GOBIDMD.COM BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE,
SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS
OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE), HOWEVER
ARISING, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION,
ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION
AVAILABLE FROM THIS WEBSITE, EVEN IF GOBIDMD.COM HAS BEEN PREVIOUSLY ADVISED OF
THE POSSIBILITY OF SUCH DAMAGE. YOU AGREE TO HOLD GOBIDMD.COM HARMLESS FROM AND
YOU COVENANT NOT TO TAKE ANY LEGAL OR OTHER ACTION AGAINST GOBIDMD.COM,
ASSERTING ANY CLAIMS BASED ON OR RELATED TO THE USE OF THIS
WEBSITE.
For further information of the Privacy and Terms used
by GObidMD.com, please visit the PRIVACY link on the pages linked below.
