1. Introduction
Welcome to EquipMed Global, LLC, an e-commerce platform registered in the State of Georgia. Our website provides a range of health-related services available through various subscription plans (collectively, "Services").
By accessing or using our website and Services, you ("User") agree to comply with and be bound by these Terms and Conditions ("Terms," "Agreement"). Please read these Terms carefully before using our Services.
2. Definitions and Interpretations
2.1 Key Definitions
- "Services" — Any and all services offered through our website, including health-related services available through subscription plans.
- "User" — Any individual, company, or entity that accesses or uses our Services.
- "We," "Us," "Our" — EquipMed Global, LLC, a company registered in the State of Georgia.
- "Subscription" — A paid service provided by EquipMed Global, LLC, on a recurring basis.
- "Account" — The account created by the User on our website to access and use our Services.
3. User Eligibility and Registration
3.1 Age Requirement — To register for an Account and use our Services, you must be at least 18 years old or the age of majority in your jurisdiction.
3.2 User Responsibility for Account — Upon registering, you are fully responsible for maintaining the confidentiality of your Account information. Notify us immediately of any unauthorized use of your account.
3.3 Prohibited Activities — You agree not to misuse the Services, attempt to gain unauthorized access, or disrupt the functioning of the Services in any way.
4. Services and Subscriptions
4.1 Description of Available Services — EquipMed Global, LLC offers a variety of health-related services accessible through our website, including consultation, monitoring, data analysis, and subscription plans.
4.2 Subscription Types and Billing — We offer multiple subscription types, including monthly and quarterly plans, primarily for Continuous Glucose Monitors and related products.
4.3 Automatic Renewal — Unless otherwise stated, your subscription will automatically renew at the end of each billing cycle. You must cancel before the renewal date to avoid being charged for the next cycle.
4.4 Cancellation and Termination — Your subscription continues unless you cancel it or we terminate it. Upon cancellation, you will not be eligible for a refund for any unused subscription portion.
4.5 Service Modifications — EquipMed Global, LLC reserves the right to modify, suspend, or discontinue any Service at any time, for any reason, with or without notice.
5. Payment and Refund Policy
5.1 Payment Methods — Accepted payment methods include credit cards, debit cards, electronic funds transfers, and other methods. You may also choose to bill your insurance.
5.2 Billing Authorization — By providing a payment method, you authorize EquipMed Global, LLC to charge the applicable fees, including taxes and recurring subscription fees.
5.3 Refunds or Returns — EquipMed Global, LLC offers a 14-day return policy for all Medical Equipment shipped and delivered. To request a return, contact us via phone, email, or letter within 14 days of delivery. Per Medicare guidelines, all return requests within 14 days will be honored.
6. Dispute Resolution
6.1 Governing Law — These Terms shall be governed by and construed in accordance with the laws of the State of Georgia.
6.2 Mandatory Arbitration — Any dispute arising out of or in connection with this Agreement shall be settled by binding arbitration in the State of Georgia, conducted in the English language.
6.3 Arbitration Fees — The customer is responsible for all costs and fees associated with the arbitration, which are non-refundable.
6.4 Waiver of Class Action Rights — You waive any right to participate in class action lawsuits against EquipMed Global, LLC.
6.5 Time Limitation — Any claim or cause of action must be filed within one (1) year after it arose, otherwise it will be permanently barred.
6.6 Exceptions to Arbitration — Either party may bring an individual action in small claims court for disputes within that court's jurisdiction.
6.7 Litigation and Jurisdiction Restrictions — All disputes shall be resolved through arbitration in the Northern District of the State of Georgia.
7. Intellectual Property
7.1 Ownership — All text, graphics, photographs, trademarks, logos, and computer code are owned by EquipMed Global, LLC, or its licensors and are protected by applicable intellectual property laws.
7.2 Restrictions on Use — You may not copy, distribute, republish, download, or transmit any part of the Services or Content without prior written permission.
7.3 No License Granted — Nothing in this Agreement grants you any license or right in or to the Content or Services beyond what is explicitly stated.
7.4 User-Generated Content — By submitting content to our website, you grant EquipMed Global, LLC a non-exclusive, perpetual, irrevocable, royalty-free worldwide license to use and distribute such content.
8. Limitation of Liability
8.1 No Warranty — The Services are provided "as is" and "as available," without any warranty of any kind, either express or implied.
8.2 Limitation on Direct Damages — To the maximum extent permitted by law, EquipMed Global, LLC shall not be liable for any direct, indirect, incidental, special, or consequential damages arising out of your use of the Services.
8.3 Cap on Liability — EquipMed Global, LLC's total liability shall not exceed the amount you have paid in the last six (6) months, or $100, whichever is greater.
9. Data Protection and Privacy
EquipMed Global, LLC is committed to respecting the privacy and confidentiality of your personal data. The collection, storage, and use of your personal data are governed by our Privacy Policy.
We implement reasonable security measures to protect your personal data. Our Services may include links to third-party services whose privacy practices we are not responsible for.
10. Termination of Services
10.1 Termination by EquipMed Global, LLC — We reserve the right to suspend or terminate your account at any time, for any reason, including breaches of these Terms.
10.2 Termination by User — You may terminate your account at any time. All applicable fees are non-refundable upon termination.
10.3 Effect of Termination — Upon termination, all licenses and rights granted to you will immediately cease, and any stored rewards or credits will be forfeited.
11. Miscellaneous
11.1 Entire Agreement — These Terms constitute the entire agreement between you and EquipMed Global, LLC and supersede all prior agreements.
11.2 Severability — If any provision is found invalid, the remaining provisions shall remain in full force and effect.
11.3 No Waiver — Failure to enforce any provision shall not be deemed a waiver of that provision.
11.4 Amendments — EquipMed Global, LLC reserves the right to amend these Terms at any time. Continued use of the Services constitutes acceptance.
11.5 Assignment — You may not assign these Terms without prior written consent of EquipMed Global, LLC.
12. Force Majeure
12.1 Definition — "Force Majeure" means causes beyond reasonable control, including acts of God, riots, war, terrorism, government acts, fires, floods, pandemics, or power failure.
12.2 Liability — Neither party shall be held liable for failure to perform under these Terms due to Force Majeure events.
12.3 Notification — The affected party must notify the other in writing within 14 days of the onset of a Force Majeure event.
12.4 Mitigation — Both parties shall take all reasonable steps to minimize the consequences of any Force Majeure.
13. Contact Information
For any queries regarding these Terms or the Services, you may reach us at:
- Email: info@equimedglobal.com
- Address: 4541 Lacosta Dr, Albany, GA 31721
- Phone: +1 (229) 349-3363
14. Opt-In Consent and Authorization
By submitting any form on the website, you explicitly grant permission to be contacted by EquipMed Global, LLC via phone, email, or text message. We may use collected information to reach out to your provider to establish medical necessity and run a Same or Similar (SNS) check to ensure you haven't previously received a similar product billed under Medicare.
If a similar HCPCS code has been billed in the past 5 years, Medicare/Commercial Payer will deny the claim. In case of an SNS check failure, EquipMed Global, LLC will not ship the requested products unless the patient agrees to cover the costs themselves.