Med Dimensions, LLC Terms and Conditions
Effective Date: [Date Updated]
TABLE OF CONTENTS
- Introduction and Acceptance of Terms
- Modification of Terms
- Eligibility and Age Requirement
- Scope of Services and Usage Restrictions
- Intellectual Property Rights
- Submissions and User Contributions
- User Responsibilities and Representations
- Purchases, Payment, and Policies
- Return and Refund Policy
- Privacy and Cookie Policies
- Data Retention and Deletion Policy
- International Sales and GDPR Compliance
- Disclaimer of Warranties and Limitation of Liability
- Indemnification
- Prohibited Activities
- User Registration and Account Security
- Links to Third-Party Sites and Content
- Copyright Infringement
- Export Control and Compliance with Laws
- Force Majeure
- State-Specific Rights and Compliance
- Governing Law and Dispute Resolution
- Entire Agreement and Severability
- Contact Information
1. Introduction and Acceptance of Terms
These Terms and Conditions (“Terms”) constitute a binding agreement between you, whether personally or on behalf of an entity (“you”), and Med Dimensions, LLC, a New York limited liability company (“Company,” “we,” “us,” or “our”), governing your access to and use of our website, applications, content, products, and all associated services (collectively, the “Services”). By accessing, using, or registering for our Services, you confirm that you have read, understood, and agree to be bound by these Terms and any other policies referenced herein.
Important Notice: If you do not agree to all of these Terms, you are expressly prohibited from using the Services, and you must discontinue use immediately.
2. Modification of Terms
We reserve the right to change, modify, or revise these Terms at any time and for any reason at our sole discretion. Any modifications will be posted here, with an updated “Effective Date” at the top of the Terms. You waive any right to specific notice of such changes, and it is your responsibility to periodically review these Terms to stay informed of updates. Your continued use of the Services following any changes indicates your acceptance of the modified Terms.
3. Eligibility and Age Requirement
The Services are intended for users who are at least 18 years of age. By accessing or using our Services, you represent and warrant that you meet this age requirement. Persons under the age of 18 are not permitted to use or register for the Services.
4. Scope of Services and Usage Restrictions
The information provided within the Services is intended solely for personal and internal business use and is not designed to meet industry-specific regulatory standards (e.g., HIPAA, FISMA, GLBA). By using the Services, you agree that your use does not subject Med Dimensions to compliance with such laws. If your use is subject to these or similar regulations, you must obtain appropriate consent or authorization independently.
Geographic Use Limitations: Our Services are operated from within the United States and are not intended for distribution or use in jurisdictions where such usage would violate applicable laws or require specific licensing, registration, or regulatory compliance.
5. Intellectual Property Rights
Ownership of Content and Marks:
All content within the Services, including but not limited to text, graphics, logos, icons, images, audio, video, software, source code, and other material (collectively, “Content”) and all trademarks, service marks, and logos (collectively, “Marks”) are the exclusive property of Med Dimensions, LLC or are used under license. These materials are protected by U.S. and international copyright, trademark, and other intellectual property laws.
Limited License for Personal Use:
Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services solely for your personal, non-commercial purposes or internal business use. You may download or print a copy of any portion of the Content to which you have gained access solely for your use, provided that you maintain all copyright and other proprietary notices.
Restrictions on Use:
Except as expressly permitted in these Terms, you agree not to copy, reproduce, aggregate, republish, upload, post, publicly display, encode, translate, transmit, distribute, sell, license, or otherwise exploit the Services, Content, or Marks for any commercial purpose without our prior written consent.
6. Submissions and User Contributions
Submissions:
If you submit any suggestions, feedback, or ideas regarding the Services (“Submissions”), you hereby assign all intellectual property rights in such Submissions to us, and we shall own them without any acknowledgment or compensation to you.
User Contributions:
Certain features of the Services may allow you to post or transmit content (“Contributions”) that may be visible to other users. By posting Contributions, you grant us an unrestricted, worldwide, perpetual, royalty-free license to use, reproduce, modify, publicly display, distribute, and otherwise exploit such Contributions in any media without limitation.
User Responsibilities for Contributions:
You represent and warrant that any Contributions you submit are original to you, that you have full rights to grant us the rights described herein, and that they do not infringe upon any third-party rights or applicable laws. You agree to hold us harmless from any claims arising from your Contributions.
7. User Responsibilities and Representations
By accessing and using our Services, you represent and warrant that:
- All registration information you submit is truthful, accurate, current, and complete.
- You will update such information promptly to maintain its accuracy.
- You have the legal capacity and authority to agree to these Terms.
- You will not use the Services in a manner that violates any applicable law or regulation.
- You will not use automated systems to interact with the Services without prior written consent from us.
8. Purchases, Payment, and Policies
Payment Methods:
We accept the following forms of payment for purchases made through our Services: Visa, Mastercard, American Express, Discover, PayPal, ACH Transfer, and e-checks. You agree to provide current, complete, and accurate information for all purchases.
Order Limitations and Refusal:
We reserve the right to refuse any order placed through the Services. We may, at our discretion, limit or cancel quantities purchased per individual or entity.
9. Return and Refund Policy
For information regarding product returns, refunds, and exchanges, please review our Return and Refund Policy. By making a purchase, you agree to be bound by the terms of that policy.
10. Privacy and Cookie Policies
Your privacy and the security of your personal information are critically important to us. Med Dimensions, LLC is committed to transparency and compliance with applicable data protection laws. Our comprehensive data handling practices – detailing precisely what personal information we collect, how we collect it (including sources like forms, cookies, and analytics), the legal bases we rely on for processing (particularly under GDPR), the specific purposes for which we use it, our policies regarding data sharing with third parties (including categories of recipients and purposes), international data transfers, the robust security measures we implement, and your associated privacy rights – are described in full detail in our separate Privacy Policy.
By using our Services, you acknowledge that you have read and understood our Privacy Policy, and you consent to the collection, use, storage, and disclosure of your personal information as outlined therein.
Key Areas Addressed in Our Full Privacy Policy Include:
- Detailed Categories of Data Collected: Specific types of personal, technical, usage, and potentially sensitive information processed.
- Sources of Data Collection: How data is obtained directly from you or automatically.
- Purposes & Legal Bases: The specific reasons for processing each data category and the legal justifications under applicable law (e.g., GDPR, CCPA).
- Data Sharing & Disclosure: Circumstances and categories of third parties with whom data may be shared or disclosed, including any “sale” or “sharing” under CCPA/CPRA definitions.
- Data Security: Overview of the technical and organizational measures employed to protect personal data.
- User Rights & Choices: Detailed explanation of your rights (e.g., access, correction, deletion, objection, portability, opt-out) and clear instructions on how to exercise them, including verification procedures and response timelines.
- International Data Transfers: Information on cross-border data flows and the safeguards employed (e.g., Standard Contractual Clauses).
- Children’s Privacy: Our policy regarding the collection of data from minors (Note: Our Services require users to be 18+).
- Cookie and Tracking Technologies: Summary of cookie usage, with a link to our detailed Cookie Policy.
Cookie Policy: Our Services utilize cookies and similar tracking technologies. For comprehensive information about the types of cookies used, their purposes, and how you can manage your preferences, please review our separate Cookie Policy.
For any questions specifically regarding your privacy or to exercise your rights, please refer to the contact methods detailed in our Privacy Policy or email us directly at [email protected].
11. Data Retention and Deletion Policy
We retain personal data only for as long as necessary to fulfill the specific purposes for which it was collected, including for the purposes of satisfying any legal, accounting, or reporting requirements, or as otherwise permitted or required by law. Our Privacy Policy provides more detailed information regarding specific data retention periods or the criteria used to determine them for different categories of personal data.
Once personal data is no longer necessary for its collected purpose and there is no overriding legal or legitimate business need to retain it, we securely delete or anonymize it in accordance with our internal procedures.
Subject to verification and applicable exceptions detailed in our Privacy Policy, you may request the deletion of your personal data by contacting us at [email protected].
12. International Sales and GDPR Compliance
While our Services and products may be available for international purchase, users are responsible for ensuring their use complies with all local laws and regulations. Our operations are based in the United States, and personal data may be processed in the U.S. or other jurisdictions.
Commitment to GDPR: For users residing in the European Economic Area (EEA), United Kingdom, or Switzerland, Med Dimensions, LLC is committed to processing your personal data in compliance with the General Data Protection Regulation (GDPR) or applicable national data protection laws. Our Privacy Policy provides extensive detail regarding your rights under GDPR, including:
- Right to Access
- Right to Rectification
- Right to Erasure (‘Right to be Forgotten’)
- Right to Restriction of Processing
- Right to Data Portability
- Right to Object to Processing (including for direct marketing)
- Rights related to Automated Decision-Making and Profiling
The Privacy Policy outlines the specific procedures for exercising these rights, verification requirements, and information regarding lodging complaints with supervisory authorities.
International Data Transfers: Where personal data is transferred outside the originating jurisdiction (e.g., from the EEA to the U.S.), we implement appropriate safeguards as required by law, such as Standard Contractual Clauses (SCCs) approved by relevant authorities. Further details on these transfer mechanisms are available in our Privacy Policy.
To exercise GDPR rights, please follow the instructions in our Privacy Policy or contact us at [email protected].
13. Disclaimer of Warranties and Limitation of Liability
Disclaimer:
The Services are provided “AS IS” and “AS AVAILABLE” without warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Med Dimensions, LLC does not guarantee that the Services will be uninterrupted, error-free, or free from viruses or other harmful components.
Limitation of Liability:
To the maximum extent permitted by law, in no event shall Med Dimensions, LLC, its affiliates, directors, employees, or agents be liable for any indirect, consequential, incidental, or punitive damages, including but not limited to lost profits, loss of data, or damages arising from your use of the Services. In any event, our total liability for any claim related to the Services shall not exceed the amount paid by you, if any, for access to the Services.
14. Indemnification
You agree to defend, indemnify, and hold Med Dimensions, LLC, its officers, directors, employees, agents, and affiliates harmless from any claims, damages, liabilities, costs, or expenses (including attorney’s fees) arising from your use of the Services, your Contributions, your violation of these Terms, or your violation of any rights of a third party.
15. Prohibited Activities
You agree not to engage in the following prohibited activities:
- Systematically retrieving data from the Services to compile databases without our consent.
- Circumventing security features or attempting unauthorized access to the Services.
- Using the Services in connection with illegal or fraudulent activities.
- Posting harmful, abusive, or misleading information.
- Engaging in any automated use of the system or attempting to overload or disrupt the Services.
Violation of these provisions may result in the suspension or termination of your access to the Services and potential legal action.
16. User Registration and Account Security
If required to register for an account, you agree to keep your account information confidential and accept responsibility for all activities under your account. We reserve the right to terminate or modify any account that is misused or created with false information.
17. Links to Third-Party Sites and Content
The Services may include links to third-party websites or content that are not controlled or endorsed by us. We assume no responsibility for the availability, content, or privacy practices of these third-party sites. Accessing third-party sites through our Services is at your own risk.
18. Copyright Infringement
If you believe any content on our Services infringes your copyright, please contact us with specific details so that we can review the claim and take appropriate action.
19. Export Control and Compliance with Laws
You agree to comply with all applicable U.S. export control and sanctions laws and regulations, including the Export Administration Regulations and any applicable international export controls. The Services and products may not be exported or re-exported to countries or individuals subject to U.S. trade sanctions. By using our Services, you represent and warrant that you are not located in, under the control of, or a national or resident of any such restricted country or on any such list.
20. Force Majeure
Med Dimensions, LLC shall not be liable for any delay or failure to perform its obligations under these Terms due to events outside its reasonable control, including acts of God, natural disasters, wars, cyber-attacks, governmental actions, pandemics, labor strikes, or disruptions in supply chains (“Force Majeure Event”). In such cases, our obligations will be suspended for the duration of the Force Majeure Event.
21. State-Specific Rights and Compliance
Residents of certain U.S. states may have additional privacy rights regarding their personal information under applicable state laws. These may include, but are not limited to:
- California (CCPA/CPRA & CalOPPA): Rights may include access, deletion, correction, opting out of sale/sharing of personal information, limiting the use of sensitive personal information, and non-discrimination. Our response to “Do Not Track” signals is also addressed.
- Virginia (VCDPA): Rights may include access, correction, deletion, data portability, and opting out of targeted advertising, data sales, or certain profiling. Includes right to appeal decisions.
- Colorado (CPA): Rights may include access, correction, deletion, data portability, and opting out of targeted advertising, data sales, or certain profiling. Includes right to appeal decisions.
- Connecticut (CTDPA): Rights may include access, correction, deletion, data portability, and opting out of targeted advertising, data sales, or certain profiling. Includes right to appeal decisions.
- Nevada (SB220): Right to opt-out of the “sale” of certain covered information.
Our separate Privacy Policy provides comprehensive details regarding these state-specific rights, defines applicable terms (like “sale” or “sharing”), and explains how residents of these states can exercise their rights, including necessary verification processes, response timelines, and appeal procedures where applicable. Please refer to the Privacy Policy at or contact us at [email protected] for state-specific inquiries.
22. Governing Law and Dispute Resolution
Governing Law:
These Terms are governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of law principles.
Arbitration Agreement:
Any disputes arising under these Terms shall be resolved through binding arbitration administered by the American Arbitration Association, with the arbitration taking place in the State of New York. By agreeing to arbitration, you waive the right to a jury trial or to participate in a class action.
23. Entire Agreement and Severability
These Terms, along with our Privacy Policy, Cookie Policy, Return/Refund Policy, and Warranty Policy, represent the entire agreement between you and Med Dimensions, LLC concerning your use of the Services. If any provision of these Terms is found to be unenforceable, that provision shall be deemed severable, and the remaining provisions shall remain in full force and effect.
24. Contact Information
For questions or assistance regarding these Terms, please contact us at:
Med Dimensions, LLC
30 Vantage Point Dr. STE 1
Rochester, NY 14624
Phone: +1 (585) 510-0005
Email: [email protected]