MEDICAL MATERIALS, INC.
WEBSITE TERMS OF USE
Effective as of March 18, 2024
Welcome to Medical Materials, Inc.’s Website (the “Site”). Medical Materials, Inc. sets forth these Terms of Use (“Terms”) to provide full transparency to our customers (“You”). These Terms apply to and govern Your use of the site www.medicalmaterials.com, and any and all purchases You make from Medical Materials, Inc. These Terms also apply to all visitors, users and others who access or use the Site. Please read these Terms carefully. By accessing the Site, You acknowledge, agree and accept these Terms. If You do not agree to these Terms, You are prohibited from accessing the Site, and from purchasing any product from the Site. Please note that Medical Materials, Inc. updates these Terms from time to time. The latest Terms will apply going forward and to any dispute or issue arising after the Terms have been updated, to the extent permitted by applicable law.
USE OF THE SITE
By accessing the Site, You represent that You are over the age of 18. Medical Materials, Inc. does not permit anyone under the age of 18 to access the Site.
Your access to and use of the Site is also conditioned on Your acceptance of and compliance with the Privacy Policy. Our Privacy Policy describes our policies and procedures on the collection, use and disclosure of Your personal information and data when You use the Site, and tells You about Your privacy rights and how the law protects You. Please read our Privacy Policy carefully before using our Site.
PRODUCTS
You acknowledge, accept, and agree that any product You purchase from the Site will only be used for non-clinical, non-human uses. Acceptable uses may include, but are not limited to, educational, research, product development, comparative analysis, training, veterinary purposes, and testing. Regardless of a product’s expiration date, Medical Materials, Inc. cannot guarantee sterility of any product, and no product purchased is intended for human use under any circumstances.
We procure all products through hospitals, surgical facilities, outpatient centers, and other vendors who are legitimate affiliates of the original manufacturer of the devices. All efforts are made to ensure that all products are authentic, legitimate, and that the products are free from defects.
All products sold are in unused condition and in the original inner packaging, unless otherwise indicated in the product listing. Some products may be removed from the outer box, and not all products will contain the instructions for use.
Product availability is subject to change. Requests to reserve inventory can be sent to info@medicalmaterials.com. We reserve the right to release reserved inventory at any time.
Confirmation of receipt of Your order does not constitute the order is accepted and will be fulfilled. Each order is subject to internal review for approval, and You may be contacted with one or more requests for further information. You agree that no information obtained through the Site, its products, or from any individuals who are currently or previously employed by us will be used for assessing patient treatment in a healthcare setting or clinical setting.
Medical Materials, Inc. may end or restrict Your use of the Site, without warning and without liability to You or any third party. You understand that we have the sole right to determine in our reasonable discretion whether You are engaging in any unauthorized activity and/or violating these Terms of Use.
PRICING
All pricing is quoted in U.S. dollars and may not include additional shipping and handling fees. Shipping fees for domestic orders will be calculated during the checkout process through the Site. International orders that opt to use our shipping account will receive an invoice via email and a link to remit payment for the shipping fee once it has been calculated. Failure to remit payment promptly or correspond with us may result in delayed shipping or possibly us canceling Your order(s).
We do our best to keep pricing consistent, competitive, and fair in our market. We reserve the right to increase or decrease pricing as We deem fit and the decision to do so is based on many variables. We are not required to honor pricing that was previously discounted. In the event there is an inadvertent typo in the listing price, We may ask You to remit additional payment if the Product was priced below what it should be. In the event You have overpaid, a refund will be processed promptly to the original payment method, or a store credit can be applied.
PAYMENTS
Payments are processed through a third-party payment processor, Authorize.Net, or PayPal. You can view more information regarding their terms and policies on their respective Sites. Our Site does not have the ability to store credit card information or details. Depending on the original payment method, any refunds that are due will either be processed through the Site or through the payment processor that was used originally. You may be contacted to request confirmation of the credit card information prior to Our processing a refund. We do not store any payment information for orders paid over the phone.
Orders paid by PO will not be shipped until we receive the PO. All POs should be emailed to info@medicalmaterials.com promptly after placing the order. Orders placed on the Site using the PO option by new customers will require an internal review prior to fulfilling the order. Placing an order using the PO method on the site is not a guarantee of fulfillment until 1. the new account is approved and 2. we receive the PO via email.
SHIPPING
Please review our Shipping Policy for complete information regarding shipping options.
If You have an issue with an order that was received incorrectly, You must contact us by phone or email info@medicalmaterials.com to advise. All reasonable efforts will be made to ensure You are satisfied with our resolution. Please see our Returns Policy for information on returns unrelated to discrepancies or errors on orders.
USER ACCOUNTS
When You create an account with us, You must provide us information that is accurate, complete, and current at all times. Failure to do so is a breach of our Terms, which may result in immediate termination of Your account. Failure to provide complete and accurate information may also lead to a delay in order fulfillment. We will make all reasonable efforts to contact You promptly to request any additional information as needed.
You are responsible for safeguarding the password that You use to access the Service and You agree not to disclose Your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of Your account.
ELECTRONIC COMMUNICATIONS
By using the Site, You agree that we may send You operational messages. You consent to receiving operational electronic communications and notices from us. You agree that any notice, agreement, disclosure, or other communications that we send to You electronically will satisfy any legal communication requirements, including that such communications be in writing.
Any marketing messages we send to You will be sent in accordance with our Privacy Notice. You have the right to opt out of receiving marketing messages at any time.
INTELLECTUAL PROPERTY RIGHTS
Medical Materials, Inc. (MMI) does not claim any affiliation or relationship with the original manufacturers of devices sold through www.medicalmaterials.com. Any images appearing on www.medicalmaterials.com are owned by Medical Materials, Inc., and are for referencing purposes only. All Trademarks and Logos belong to their respective owners.
The Site is protected by copyright, trademark, and other laws of both the United States of America and foreign countries.
DIGITAL MILLENNIUM COPYRIGHT ACT
We respect the intellectual property rights of others and require that the people who use the Website and our products do the same. We may terminate the privileges of users who are repeat infringers of intellectual property rights. If You are a copyright owner and believe that any content posted on the Website infringes upon Your copyrights, please provide our designated copyright agent the following written information in accordance with the Digital Millennium Copyright Act (the “DMCA”): a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; identification of the copyrighted work claimed to have been infringed; identification of the material that is claimed to be infringing and information reasonably sufficient to permit location of the material; information reasonably sufficient to permit us to contact You, such as an address, telephone number, and, if available, an email address; a statement that You have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and a statement that the information in the notification is accurate, and under penalty of perjury, that You are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Our DMCA designated copyright agent for notice of claims of copyright infringement on the Website can be reached as follows: You must submit Your notice in writing via email to info@medicalmaterials.com and include in Your notice a detailed description of the alleged infringement. You may be held accountable for damages (including costs and attorneys' fees) for misrepresenting that any Content is infringing Your copyright.
LIMITATION OF LIABILITY
To the maximum extent permitted by applicable law, in no event shall Medical Materials, Inc. or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of these Terms), even if the Medical Materials, Inc. or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.
"AS IS" and "AS AVAILABLE" DISCLAIMER
The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Medical Materials, Inc. , on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Medical Materials, Inc. provides no warranty, and makes no representation of any kind that the Service will meet Your requirements, or meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected. Any warranties or claims made by the original equipment manufacturer are no longer applicable or valid when using Our Service.
Without limiting the foregoing, neither the Medical Materials, Inc. nor any of the Medical Materials, Inc. 's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Medical Materials, Inc. are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
GOVERNING LAW
The law of the State of Florida shall apply to any dispute under these Terms. Jurisdiction shall also lie in the State of Florida.
ARBITRATION AGREEMENT
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. IT CONTAINS PROCEDURES FOR MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
You agree that any and all disputes, actions, claims, or other controversies concerning or arising in any way out of Your use (or lack of use) of, access (or lack of access) to, or a purchase from, the Website; any product or service; and any advertising, promotion, of or other communications with a Medical Materials, Inc. (collectively, a “Dispute”), whether based in contract, warranty, tort, statute, regulation, ordinance, or any other legal or equitable basis, shall be resolved exclusively through final and binding individual arbitration. “Dispute” will be given the broadest possible meaning allowable under law.
This agreement to arbitrate covers and includes threshold questions of arbitrability. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any and all Disputes arising out of or relating to the formation, existence, scope, validity, interpretation, applicability, or enforceability of this agreement to arbitrate, or any part of it, or of these Terms, including, but not limited to, any claim that all or any part of this agreement to arbitrate or the Terms is void or voidable. If any party disagrees about whether the foregoing provision (or any portion of this agreement to arbitrate, including without limitation the provisions relating to arbitration) can be enforced or whether it applies to the Dispute, the parties agree that the arbitrator will decide that Dispute. You understand and agree that You are waiving Your right to sue or go to court to assert or defend Your rights.
Either party may initiate arbitration of a Dispute, which will be settled by final and binding arbitration, using the English language, administered by AAA under the AAA Rules then in effect (those rules are deemed to be incorporated by reference into this section, and as of the date of these Terms of Use). Because Your contract with Medical Materials, Inc., these Terms of Use, and this Arbitration Agreement concern interstate commerce, the Federal Arbitration Act (“FAA”) governs the arbitrability of all Disputes. However, the arbitrator will apply applicable substantive law consistent with the FAA and the applicable statute of limitations or condition precedent to suit. Unless You and Medical Materials, Inc. agree otherwise, including to conduct the arbitration by telephone or videoconference, any arbitration hearing shall take place in the State of Florida.
MISCELLANEOUS
If any provision of these Terms is held to be invalid or unenforceable, that provision shall be construed consistent with applicable law, and the remaining provisions shall be enforced. In the event any provision of these Terms is found by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, You agree that unless it materially affects the entire intent and purpose of these Terms, the invalidity, voidness, or unenforceability shall affect neither the validity of these Terms nor the remaining provisions herein (except as set forth above with respect to the class action waiver), and the provision in question shall be deemed to be replaced with a valid and enforceable provision most closely reflecting the intent and purpose of the original provision.
Headings are for reference purposes only and in no way define, limit, construe or describe the scope of such section.
Our failure to enforce any provision of these Terms shall not constitute a waiver of that or any other provision.
We may assign these Terms in whole or in part. Moreover, we may delegate our rights and responsibilities or use contractors or agents to fulfill its obligations under these Terms.
These Terms represent the entire agreement in connection with Your use of the Site, and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written with respect to the Site.
CONTACT US
If You have any questions about these, You can contact us:
Medical Materials, Inc.
1313 W. Boynton Beach Blvd. #1B #393
Boynton Beach, FL 33426
By email: info@medicalmaterials.com
By phone: (877) 663-8686