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Policies

Privacy Policy

www.protechdelivers.com

Updated January 29, 2021

This Application collects some Personal Data from its Users.

 

This document can be printed for reference by using the print command in the settings of any browser.

 

 

Owner and Data Controller

Protech Medical LLC
1100 Hatcher Lane
Columbia, TN 38401

Owner contact email: referrals@ptmed.net

 

 

Types of Data collected

Among the types of Personal Data that this Application collects, by itself or through third parties, there are: Cookies; Usage Data.

Complete details on each type of Personal Data collected are provided in the dedicated sections of this privacy policy or by specific explanation texts displayed prior to the Data collection.
Personal Data may be freely provided by the User, or, in case of Usage Data, collected automatically when using this Application.
Unless specified otherwise, all Data requested by this Application is mandatory and failure to provide this Data may make it impossible for this Application to provide its services. In cases where this Application specifically states that some Data is not mandatory, Users are free not to communicate this Data without consequences to the availability or the functioning of the Service.
Users who are uncertain about which Personal Data is mandatory are welcome to contact the Owner.
Any use of Cookies – or of other tracking tools – by this Application or by the owners of third-party services used by this Application serves the purpose of providing the Service required by the User, in addition to any other purposes described in the present document and in the Cookie Policy, if available.

Users are responsible for any third-party Personal Data obtained, published or shared through this Application and confirm that they have the third party's consent to provide the Data to the Owner.

 

Mode and place of processing the Data

Methods of processing

The Owner takes appropriate security measures to prevent unauthorized access, disclosure, modification, or unauthorized destruction of the Data.
The Data processing is carried out using computers and/or IT enabled tools, following organizational procedures and modes strictly related to the purposes indicated. In addition to the Owner, in some cases, the Data may be accessible to certain types of persons in charge, involved with the operation of this Application (administration, sales, marketing, legal, system administration) or external parties (such as third-party technical service providers, mail carriers, hosting providers, IT companies, communications agencies) appointed, if necessary, as Data Processors by the Owner. The updated list of these parties may be requested from the Owner at any time.

Legal basis of processing

The Owner may process Personal Data relating to Users if one of the following applies:

  • Users have given their consent for one or more specific purposes. Note: Under some legislations the Owner may be allowed to process Personal Data until the User objects to such processing (“opt-out”), without having to rely on consent or any other of the following legal bases. This, however, does not apply, whenever the processing of Personal Data is subject to European data protection law;
  • provision of Data is necessary for the performance of an agreement with the User and/or for any pre-contractual obligations thereof;
  • processing is necessary for compliance with a legal obligation to which the Owner is subject;
  • processing is related to a task that is carried out in the public interest or in the exercise of official authority vested in the Owner;
  • processing is necessary for the purposes of the legitimate interests pursued by the Owner or by a third party.

In any case, the Owner will gladly help to clarify the specific legal basis that applies to the processing, and in particular whether the provision of Personal Data is a statutory or contractual requirement, or a requirement necessary to enter into a contract.

Place

The Data is processed at the Owner's operating offices and in any other places where the parties involved in the processing are located.

Depending on the User's location, data transfers may involve transferring the User's Data to a country other than their own. To find out more about the place of processing of such transferred Data, Users can check the section containing details about the processing of Personal Data.

Users are also entitled to learn about the legal basis of Data transfers to a country outside the European Union or to any international organization governed by public international law or set up by two or more countries, such as the UN, and about the security measures taken by the Owner to safeguard their Data.

If any such transfer takes place, Users can find out more by checking the relevant sections of this document or inquire with the Owner using the information provided in the contact section.

Retention time

Personal Data shall be processed and stored for as long as required by the purpose they have been collected for.

Therefore:

  • Personal Data collected for purposes related to the performance of a contract between the Owner and the User shall be retained until such contract has been fully performed.
  • Personal Data collected for the purposes of the Owner’s legitimate interests shall be retained as long as needed to fulfill such purposes. Users may find specific information regarding the legitimate interests pursued by the Owner within the relevant sections of this document or by contacting the Owner.

The Owner may be allowed to retain Personal Data for a longer period whenever the User has given consent to such processing, as long as such consent is not withdrawn. Furthermore, the Owner may be obliged to retain Personal Data for a longer period whenever required to do so for the performance of a legal obligation or upon order of an authority.

Once the retention period expires, Personal Data shall be deleted. Therefore, the right to access, the right to erasure, the right to rectification and the right to data portability cannot be enforced after expiration of the retention period.

 

The purposes of processing

The Data concerning the User is collected to allow the Owner to provide its Services, as well as for the following purposes: Analytics and Displaying content from external platforms.

Users can find further detailed information about such purposes of processing and about the specific Personal Data used for each purpose in the respective sections of this document.

 

Detailed information on the processing of Personal Data

Personal Data is collected for the following purposes and using the following services:

 

The rights of Users

Users may exercise certain rights regarding their Data processed by the Owner.

In particular, Users have the right to do the following:

  • Withdraw their consent at any time.Users have the right to withdraw consent where they have previously given their consent to the processing of their Personal Data.
  • Object to processing of their Data.Users have the right to object to the processing of their Data if the processing is carried out on a legal basis other than consent. Further details are provided in the dedicated section below.
  • Access their Data.Users have the right to learn if Data is being processed by the Owner, obtain disclosure regarding certain aspects of the processing and obtain a copy of the Data undergoing processing.
  • Verify and seek rectification.Users have the right to verify the accuracy of their Data and ask for it to be updated or corrected.
  • Restrict the processing of their Data.Users have the right, under certain circumstances, to restrict the processing of their Data. In this case, the Owner will not process their Data for any purpose other than storing it.
  • Have their Personal Data deleted or otherwise removed.Users have the right, under certain circumstances, to obtain the erasure of their Data from the Owner.
  • Receive their Data and have it transferred to another controller.Users have the right to receive their Data in a structured, commonly used and machine readable format and, if technically feasible, to have it transmitted to another controller without any hindrance. This provision is applicable provided that the Data is processed by automated means and that the processing is based on the User's consent, on a contract which the User is part of or on pre-contractual obligations thereof.
  • Lodge a complaint.Users have the right to bring a claim before their competent data protection authority.

 

Details about the right to object to processing

Where Personal Data is processed for a public interest, in the exercise of an official authority vested in the Owner or for the purposes of the legitimate interests pursued by the Owner, Users may object to such processing by providing a ground related to their particular situation to justify the objection.

Users must know that, however, should their Personal Data be processed for direct marketing purposes, they can object to that processing at any time without providing any justification. To learn, whether the Owner is processing Personal Data for direct marketing purposes, Users may refer to the relevant sections of this document.

How to exercise these rights

Any requests to exercise User rights can be directed to the Owner through the contact details provided in this document. These requests can be exercised free of charge and will be addressed by the Owner as early as possible and always within one month.

 

Additional information about Data collection and processing

Legal action

The User's Personal Data may be used for legal purposes by the Owner in Court or in the stages leading to possible legal action arising from improper use of this Application or the related Services.
The User declares to be aware that the Owner may be required to reveal personal data upon request of public authorities.

Additional information about User's Personal Data

In addition to the information contained in this privacy policy, this Application may provide the User with additional and contextual information concerning particular Services or the collection and processing of Personal Data upon request.

System logs and maintenance

For operation and maintenance purposes, this Application and any third-party services may collect files that record interaction with this Application (System logs) use other Personal Data (such as the IP Address) for this purpose.

Information not contained in this policy

More details concerning the collection or processing of Personal Data may be requested from the Owner at any time. Please see the contact information at the beginning of this document.

How “Do Not Track” requests are handled

This Application does not support “Do Not Track” requests.
To determine whether any of the third-party services it uses honor the “Do Not Track” requests, please read their privacy policies.

Changes to this privacy policy

The Owner reserves the right to make changes to this privacy policy at any time by giving notice to its Users on this page and possibly within this Application and/or - as far as technically and legally feasible - sending a notice to Users via any contact information available to the Owner. It is strongly recommended to check this page often, referring to the date of the last modification listed at the bottom.

Should the changes affect processing activities performed on the basis of the User’s consent, the Owner shall collect new consent from the User, where required.

 

COOKIES

We may use cookies, web beacons (also known as "tracking pixels") and other tracking technologies to collect information about you when you interact with our websites or emails, including information about your browsing and purchasing behavior. We may combine this information with other information we collect about you and use it for various purposes, such as improving our websites and your online experience, understanding which areas and features of our sites are popular, counting visits, understanding campaign effectiveness, tailoring our communications with you, determining whether an email has been opened and links within the email have been clicked and for other internal business purposes. Cookies are safe and you can find out more information about them here: http://www.allaboutcookies.org/.Most web browsers are set to accept cookies by default. If you prefer, you can usually set your               browser to remove or reject cookies. Please note that if you choose to remove or reject cookies, this could affect the availability and functionality of our websites. In addition, many web browsers support Do Not Track technology. If you enable Do Not Track, we will not use information about your web viewing activities to tailor your online experience.

HOSTING

Our store is hosted by an e-commerce company. They provide us with the online e-commerce platform that allows us to sell our products and services to you. You can review their Privacy Policy at https://www.shopify.com/legal/privacy. Your data is stored in their data storage, databases, and the general application, and by purchasing our product through Shopify’s platform, you agree            to their privacy policy and applicable terms.

PAYMENT

Our payment system is hosted by Shopify. Shopify is certified Level 1 PCI DSS compliant, and                   conducts annual on-site assessments validating compliance to keep their shopping cart and           ecommerce hosting secure. As powered by Shopify, our store and payment system is also         encrypted through the Payment Card Industry Data Security Standard (PCI-DSS). Your purchase transaction data is stored as necessary to complete your purchase transaction. When you place an order through the site, we may maintain your order Information for our records unless and until you ask us to delete this information.

All direct payment gateways adhere to the standards set by PCI-DSS as managed by the PCI    Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American      Express and Discover.

PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers.

THIRD-PARTY SERVICES

In general, the third-party providers used by us will only collect, use and disclose your information to the extent necessary to allow them to perform the services they provide to us.

However, certain third-party service providers, such as payment gateways and other payment transaction processors, have their own privacy policies with respect to the information we are     required to provide to them for your purchase-related transactions.

For these providers, we recommend that you read their privacy policies so you can understand the manner in which your personal information will be handled by these providers.

In particular, remember that certain providers may be located in or have facilities that are      located in a different jurisdiction than either you or us. So if you elect to proceed with a    transaction that involves the services of a third-party service provider, then your information may become subject to the laws of the jurisdiction(s) in which that service provider or its facilities are located.

When you clink on links on our store, they may direct you away from our site. Once you leave our site or the store’s website or are redirected to a third-party website or application, you are no longer governed by this Privacy Policy or our website’s Terms of Service.

We are not responsible for how your information is collected, processed or received with respect to any third-party site, nor are we responsible for any purchases or services or agreements you may enter into with any third-party provider or through your access to any third-party.

SECURITY

To protect your personal information, we take reasonable precautions and follow industry best practices to make sure it is not inappropriately lost, misused, accessed, disclosed, altered or destroyed.

Although no method of transmission over the Internet or electronic storage is 100% secure,   through our Shopify host, we follow all PCI-DSS requirements and implement additional        generally accepted industry standards.

AGE OF CONSENT

By using this site, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

Legal Definitions:

 

Personal Data (or Data)

Any information that directly, indirectly, or in connection with other information — including a personal identification number — allows for the identification or identifiability of a natural person.

 

 

Usage Data

Information collected automatically through this Application (or third-party services employed in this Application), which can include: the IP addresses or domain names of the computers utilized by the Users who use this Application, the URI addresses (Uniform Resource Identifier), the time of the request, the method utilized to submit the request to the server, the size of the file received in response, the numerical code indicating the status of the server's answer (successful outcome, error, etc.), the country of origin, the features of the browser and the operating system utilized by the User, the various time details per visit (e.g., the time spent on each page within the Application) and the details about the path followed within the Application with special reference to the sequence of pages visited, and other parameters about the device operating system and/or the User's IT environment.

 

User

The individual using this Application who, unless otherwise specified, coincides with the Data Subject.

 

Data Subject

The natural person to whom the Personal Data refers.

 

Data Processor (or Data Supervisor)

The natural or legal person, public authority, agency or other body which processes Personal Data on behalf of the Controller, as described in this privacy policy.

 

Data Controller (or Owner)

The natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of Personal Data, including the security measures concerning the operation and use of this Application. The Data Controller, unless otherwise specified, is the Owner of this Application.

 

This Application

The means by which the Personal Data of the User is collected and processed.

 

Service

The service provided by this Application as described in the relative terms (if available) and on this site/application.

 

European Union (or EU)

Unless otherwise specified, all references made within this document to the European Union include all current member states to the European Union and the European Economic Area.

 

Cookies

Small sets of data stored in the User's device.

 

                              

Return Policy

Protech Medical will accept returns on any unopened product within 7 days of the original ship date. A 15% returns processing fee will be subtracted from the original cost and a credit for the difference will be issued. Shipping costs are not refundable. Please note that any product that has been opened cannot be returned.

To avoid this, we make every effort to help you be sure of sizes and features of all items prior to purchase. If you completed a SleepGlad scan, we’ve used SleepGlad’s technology in identifying the most appropriate mask and size needed to help with your sleep apnea. As always, please call us if you have any doubt or question about your order before it ships. We can be reached toll free at

(931) 388-3766 or email us at sales@ptmed.net.

Protech Medical will accept returns on merchandise sold that have manufacturing defects. If the product you purchased has defective materials and/or workmanship, please contact us first for trouble shooting and then, if required, an RMA# will be issued to you via email. Protech Medical will deal with the manufacturer on your behalf to have the item fixed or replaced with the exact or like item under the applicable manufacturer warranty policy. Please note that any associated shipping cost to return merchandise to Protech Medical is not covered in any warranty situation. No credits, refunds, or replacements will be issued until we have received the products into our facilities and examined them. Mask sizes vary, even between the different models by the same manufacturer. Just because you wear a medium mask in one model, do not assume you wear a medium in another. Check with us to be sure!

 

Returned items should be sent after receiving authorization (RMA #), along with a written explanation to:

 Protech Medical, LLC
 Attn. Returns Department
 1100 Hatcher Lane

    Columbia, TN 38401

 

User Agreement

Last updated: January 27, 2021 

Thanks for using Protech. By using the services on our website or our affiliated websites (the "Sites"), you are agreeing to the following terms with Protech Medical, LLC (“Protech”) and the general principles for the websites of any of our applicable affiliates or third parties.

These terms and conditions create a contract between you and Protech (the “Agreement”). Please read the Agreement carefully. When you access the Sites you are subject to this Agreement. Before you may use Protech’s services, you must confirm your understanding and acceptance of the Agreement by clicking the “I Agree” button wherever designated for receipt of services. The Agreement that applies on any of our domains and subdomains is always the agreement that appears in the footer of each website.  THESE TERMS AND CONDITIONS INCLUDE YOUR AGREEMENT TO ARBITRATE CLAIMS. PLEASE REVIEW THOROUGHLY BEFORE ACCEPTING. OUR SITES AND SERVICES ARE NOT AVAILABLE TO PERSONS WHO ARE NOT LEGALLY ELIGIBLE TO BE BOUND BY THESE TERMS OF SERVICE. Please note that use of the Sites and Services is also subject to the Protech’s privacy policy and return policy located on our website.

Use of Protech Sites

While using Protech Sites and services, you will not:

  • post content of an inappropriate nature on the Sites; violate any laws, third party rights, or any of our policies;
  • use Protech Sites, if you are below the age of 18, if you are unable to form legally binding contracts, or if you are temporarily or permanently suspended from the Sites;
  • manipulate the price of any product or item listed on Sites;
  • manipulate or circumnavigate our fees, our billing activities and processes, or fees owed to Protech;
  • post false, inaccurate, misleading, defamatory, or libelous content (including personal information);
  • engage in any action that may weaken or sabotage the User Review or User Ratings System such as exhibiting, importing or exporting Review data off of Protech Sites or by using it for some other purpose not related to Protech Sites;
  • transfer your account to another party without our consent;
  • distribute or post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, or pyramid schemes;
  • use any form(s) of technology (at our sole discretion) that might cause harm to Protech Sites, or to the interests or property of Protech Sites users;
  • duplicate, change, or disseminate content from Protech Sites and our copyrights and trademarks; gather, compile, or in any way collect information about users, including email addresses, without first obtaining such user's express consent;
  • impersonate any person or entity, including without limitation a Protech employee or agent, or otherwise misrepresent your affiliation with any person or entity;
  • register or use any email address that you do not own or for which you do not have the express permission of the owner to register with Protech.

 

Abuse

Protech works together with its users to keep our Sites operating properly and to help safeguard its users as much as possible. Please report to us any issues, inappropriate or offensive content, and violations of our policies.

Protech may suspend, deactivate, limit, or cancel our service and user accounts, impede or restrict access to our website, defer, or delete hosted content, and utilize technological methods or legal means to keep users off of Sites, if in our sole discretion, we think that they are causing issues, potential legal liabilities, or are acting in a manner inconsistent with the letter or spirit of our policies and this Agreement. We may do this without limiting other possible remedies. We also have the ability to terminate user accounts that have no activity for a long period of time.

Protech reserves the right to refuse service to anyone. We may, at our sole discretion, mark any customer or account "Do Not Provide". Should this occur, we will continue to provide warranty and other related services as required by law, however we will not sell any further products to the "Do Not Provide" customer.

Content License

By submitting communications or content to any part of this Site where such content would be viewable by the public, you agree that such submission is non-confidential for all purposes. Any submission to this Web site will be deemed and remain the property of Protech. You grant or warrant that the owner of such content has expressly granted Protech a royalty-free, perpetual, irrevocable, world-wide non-exclusive license to use, copy, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform and display the communication or content in any media or medium, or any form, format, or forum now known or hereafter developed.

Usage of Content

Unless otherwise indicated, all information contained on this web site, such as text, graphics, logos, button icons, images, audio clips, videos are copyrighted by and proprietary to Protech Medical, LLC (Protech), and may not be copied, reproduced, transmitted, displayed, performed, distributed, sublicensed, altered, stored for subsequent use or otherwise used in whole or in part in any manner without Protech’s prior written consent, except that the user may make such temporary copies in a single computer's RAM and hard drive cache as are necessary to browse the website. The user may also make a single copy of the Content displayed on any page of the website to be used by the user for personal and noncommercial uses which do not harm the reputation of Protech, provided that the user does not remove any trademarks, copyright and any other notice contained in such content.

We may also use third party information, photos, or videos from manufacturers for marketing or informational purposes of the products we sell on our Sites. Any use of these third party information, photos, or videos by a user will require that they get the appropriate consent from the responsible third party prior to using those third party images or information.

Enabled Software Applications

With respect to Software applications that operate in connection with products made commercially available, you acknowledge that these Terms are concluded between Protech and you only, not with Software application provider, and that, as between Protech and any Software application provider, Protech, not application provider, is solely responsible for the such software applications and the content thereof.

No Medical Advice; No Guarantees

You recognize and agree that the content made available through our Sites is for informational purposes only and is not intended to be taken and should not in any way be construed as medical advice or counseling or as the practice of medicine or as the creation of a physician-patient relationship with Protech Medical, LLC. Users should never use any of our Sites resources in place of seeking professional advice from a licensed medical practitioner. We make no guarantees, promises, or predictions of success regarding any of the services or resources offered through our Sites.

Right To Refuse Service On All Orders

Protech Medical, LLC reserves the right to refuse service to anyone at any time at our sole discretion.

Indemnification; responsibility for third party claims

You agree to defend any claim, demand, suit or proceeding (including, without limitation, any proceeding, investigation or claim by a governmental, administrative, or other regulatory agency or entity) made or brought against Company or its affiliates and their officers, employees, directors and agents arising from or in connection with (a) Your Content, (b) your use of the Site or Services, (c) your violation of these Terms, (d) your violation of any applicable law, and (e) any violation of an intellectual property right. You also agree to indemnify Company for any damages finally awarded against, and for reasonable expenses, such as attorney’s fees, incurred by Company in connection with any such claim, demand, suit or proceeding. In the event of such claim, demand, suit or proceeding, we will give you written notice of the claim, demand, suit or proceeding and provide you with reasonable assistance at your expense.

No Warranties

YOU ACKNOWLEDGE AND AGREE THAT THE SITE, THE SERVICES, AND ANY COMPANY CONTENT ARE PROVIDED TO YOU ON AN “AS-IS” AND “AS AVAILABLE” BASIS. COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF DESIGN, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES OF TITLE AND NON-INFRINGEMENT. YOU FURTHER ACKNOWLEDGE THAT COMPANY DOES NOT WARRANT THAT:

  • THE OPERATION OF THE SITE OR THE SERVICES WILL BE UNINTERRUPTED, ERROR FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS,
  • THE SITE OR THE SERVICES ARE NOT VULNERABLE TO FRAUD OR UNAUTHORIZED USE, OR
  • THE FEATURES OR FUNCTIONALITIES OF THE SITE OR THE SERVICES WILL BE AVAILABLE AT ANY TIME IN THE FUTURE.

YOU ARE RESPONSIBLE AND COMPANY SHALL HAVE NO RESPONSIBILITY FOR DETERMINING THAT YOUR PROPOSED USE OF THE SITE AND/OR THE SERVICES COMPLIES WITH APPLICABLE LAWS WHERE YOU ARE USING THE SITE OR THE SERVICES OR IN YOUR JURISDICTION(S).

Release

You agree to release Protech Medical, LLC, trustees, officers, agents, directors, subsidiaries, joint ventures and employees from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, real or imaginary, arising out of or in any way connected to a dispute with Protech Medical, LLC.

Limitation of Liability 

YOU EXPRESSLY UNDERSTAND AND AGREE:

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL PROTECH OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, EXEMPLARY OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS OR DAMAGE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICES OR THE PROVISION OF OR FAILURE TO PROVIDE TECHNICAL OR OTHER SUPPORT SERVICES, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE) CONTRACT OR ANY OTHER LEGAL THEORY, EVEN IF PROTECH, OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, PROTECH AND ITS SUPPLIERS' MAXIMUM CUMULATIVE LIABILITY AND YOUR EXCLUSIVE REMEDY FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THIS AGREEMENT WILL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE SERVICES (IF ANY) IN THE TWELVE (12) MONTHS PRECEDING THE EVENT OR CIRCUMSTANCES GIVING RISE TO SUCH CLAIMS.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, THE SERVICES, OR WITH THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE YOUR USE.

Governing Law and Arbitration 

These Terms and your use of the Site or the Services shall be governed by and construed in accordance with the internal laws of the State of Tennessee without giving effect to any choice or conflict of law provisions or rules in any jurisdiction.

Any suit, action, proceeding or dispute arising out of or in connection with these Terms or your use of the Site or the Services that are not resolved by mutual agreement shall be finally resolved by binding arbitration before a single arbitrator pursuant to the rules and under the auspices of the American Arbitration Association. At either party’s request, the arbitrator shall give a written opinion stating the factual basis and legal reasoning for his or her decision. The arbitrator shall have the authority to determine issues eligible for arbitration and to award damages consistent with those permissible herein but will not have the power to award damages in excess of the limitation on actual compensatory, direct damages set forth in these Terms and may not multiply actual damages or award punitive, exemplary, or any other damages that are specifically excluded under these Terms.  The arbitrator may, in their discretion, assess costs and expenses (including the reasonable legal fees and expenses of the prevailing party) against any party to a proceeding. Any party refusing to comply with an order of the arbitrators will be liable for costs and expenses, including attorneys’ fees, incurred by the other party in enforcing the award. The parties, their representatives, and any other participants shall hold the existence, content, and result of arbitration in confidence. The arbitration proceedings shall be conducted in the English language and take place in Davidson County, TN and each party irrevocably submits to such exclusive jurisdiction and waives any objection based on improper venue or forum non conveniens. Notwithstanding the foregoing, either party may, at its sole discretion, seek preliminary judicial relief in any court of competent jurisdiction (including, but not limited to, preliminary injunctive relief). Also, the provisions of this arbitration section are enforceable by any court of competent jurisdiction.

Waiver of Class Action.

If You are located in the United States, You agree to resolve disputes only on an individual basis, through arbitration pursuant to the provisions above. The parties expressly waive any right to bring any action, lawsuit, or proceeding as a class or collective action, private attorney general action, or any other proceeding in which any party acts or proposes to act in a representative capacity.

Access and Interference

Much of the information on our Sites is updated in actual time and is exclusive to the owners or is licensed by third parties for our users. You agree that you will not use any robot, spider, scraper or any other automated means to access our Sites for any purpose without first obtaining our express written permission.

You also agree that you will not:

  • take any action, in our sole discretion, that imposes or might possibly impose an unreasonable or excessive load on the Sites framework;
  • copy, reproduce, modify, create derivative works from, distribute, or publicly display any content from the Sites without the prior expressed written permission of Protech and the appropriate third party, as applicable;
  • interfere with or try to meddle, tamper, or obstruct the proper and correct functioning of the Sites or any activities carried out on the Sites; or
  • circumvent or use any other method to bypass the security measures we may use to prevent or restrict access to the Sites.

 

Your Account

If you use this site and create an account, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Protech does sell some products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use our Sites only with involvement of a parent or guardian. Protech reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.

Once a sale has occurred, Protech is bound by law to retain information necessary to meet manufacturer related FDA recalls and government regulatory requests.

Typographical Errors

In the event a product or service is listed at an incorrect price due to typographical error or error in pricing information received from our suppliers, Protech shall have the right to refuse or cancel any orders placed for the product or service listed at the incorrect price. Protech shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Protech shall issue a credit to your credit card account in the amount of the incorrect price.

Risk of Loss

All items purchased from our Sites are made pursuant to a shipment agreement. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

Product Descriptions

Our Sites attempt to be as accurate as possible. However, Protech does not warrant that product descriptions or other content on this site is accurate, complete, reliable, current, or error-free. Please contact us to let us know if you find an error or discrepancy anywhere on our Sites.

 

No Agency

No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created between you and Protech, LLC by this Agreement.

Additional compliance with laws

To the extent that any information entered on the Site is Protected Health Information ("PHI") as defined in the Health Insurance Portability and Accountability Act of 1996 and the regulations promulgated thereunder, including the HITECH Act and Omnibus Rule, as each may be amended from time to time (collectively, “HIPAA”), Users will comply with all applicable federal, state and local laws, executive orders, and regulations, including without limitation the Standards for Privacy of Individually Identifiable Health Information at 45 CFR part 160 and part 164, subparts A and E. You hereby warrant you have obtained all consents and/or permissions as required by law to receive, transfer, use or provide any personal information, PHI, and/or other data provided, entered, transferred, stored or received and that your use of the Site will be conducted in accordance with all applicable laws, including but not limited to HIPAA.

You hereby warrant that you have complied with all applicable laws in connection with the conduct of your business and operations using the Site, including compliance with the federal Medicare and Medicaid statutes, 42 U.S.C. ¤¤1302a-7, 1320a-7(a), 1320a-7b and 1395nn and the regulations promulgated thereunder and that you will take no action with regard to the Site which could reasonably be expected to result in a violation of such laws.

Additional Terms

The Return Policy and any other policy listed on our Sites are incorporated into this Agreement and set forth additional terms and conditions that are related to specific services offered on the Site. Each of these policies may be changed at any time. Changes take effect at the time they are posted on our Sites. When you use various services on our Sites, you are subject to any posted policies or rules applicable to those services. All such rules or policies posted on our Sites are hereby incorporated into this Agreement.

General
If any provision of this Agreement is held invalid or unenforceable, the remainder of this Agreement shall continue in full force and effect. The section titles and headings in this Agreement are for reference or convenience only and have no legal or contractual effect and in no way limit the scope or extent of such section. Failure of Protech Medical, LLC to take action in regards to a violation of this Agreement by you or others in no way waives our rights to take action with respect to subsequent or similar violations. In no way do we guarantee that we will take action against all violations of this Agreement. Protech Medical, LLC is located at 1100 Hatcher Lane, Columbia, TN 38401. We may make changes or amendments to this Agreement at any time by posting the amendments on our Sites. All changes to this Agreement shall automatically become effective.