Effective as of March 16, 2021
Expedite makes certain products available for purchase through the Website. If you wish to purchase any product or service made available through the Website (each a “Purchase”), you may be asked to supply certain information relevant to your Purchase including your credit card number and expiration date, your billing address, your shipping information, and the prescription information needed to authorize your purchase. All Purchases are subject to Expedite’s Terms of Sale.
Expedite only allows sales to residents of states where we are a licensed provider of Durable Medical Equipment or Home Medical Equipment. We currently allow sales to the following states: Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, Georgia, Illinois, Indiana, Kentucky, Louisiana, Maryland, Massachusetts, Michigan, Mississippi, Missouri, Nebraska, New Hampshire, New Jersey, New Mexico, New York, Ohio, Oklahoma, Oregon, Pennsylvania, South Carolina, South Dakota, Texas, Utah, Virginia, Washington, West Virginia, Wisconsin, Wyoming.
You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.
We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order, sale or attempted purchase by a customer residing in a state where we are not licensed to operate, or other reasons. We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.
Notice to Medicare and Medicaid Beneficiaries: Medicare and Medicaid will pay for durable medical equipment and supplies only if a supplier has a valid Medicare or Medicaid supplier number and meets all other Medicare and Medicaid enrollment and product coverage requirements. Expedite does not have a Medicare or Medicaid supplier number. Medicare or Medicaid will not pay for any medical equipment and supplies we sell or rent to you. You will be personally and fully responsible for payment and agree not to appeal if Medicare is not billed.
Expedite does not accept any insurance. We are a cash-only seller of durable medical equipment. We do not, under any circumstance, bill insurance companies directly and do not make any representation as to whether or not your private insurance company will cover the services or products we provide. You are financially responsible for all products and services purchased on this website.
DO NOT USE THIS WEBSITE FOR MEDICAL EMERGENCY SERVICES. IN AN EMERGENCY, CALL 911 OR YOUR LOCAL EMERGENCY ASSISTANCE NUMBER.
THE CONTENT (AS DEFINED BELOW) AVAILABLE THROUGH THIS WEBSITE IS FOR INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY AND IS NOT A SUBSTITUTE FOR THE PROFESSIONAL JUDGMENT OF A HEALTH CARE PROFESSIONAL IN DIAGNOSING AND TREATING PATIENTS. EXPEDITE DOES NOT GIVE MEDICAL ADVICE, NOR DOES IT PROVIDE MEDICAL OR DIAGNOSTIC SERVICES. ADDITIONALLY, THE USE OF THE CONTENT OBTAINED THROUGH THIS WEBSITE DOES NOT ESTABLISH A PHYSICIAN-PATIENT RELATIONSHIP. EXPEDITE IS NOT PROVIDING MEDICAL ADVICE AND DOES NOT DISCUSS OR ADVISE ON ANY ISSUES RELATING TO MEDICAL TREATMENT OR DIAGNOSIS.
Your reliance upon information and content obtained by you at or through this Website is solely at your own risk. Neither we nor providers of content to us assume any liability or responsibility for damage or injury (including death) to you, other persons or property arising from any use of any product, information, idea or instruction contained in the Content.
We do not provide advice to you on any issues relating to medical treatment and the Content is intended solely as a resource and informational tool. Always seek the advice of a physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have seen or read on this Website. We are not medical professionals and will not discuss or advise you on any issues relating to medical treatment.
As a convenience to you and in order to inform you about access to alternative options for diagnosis and treatment of respiratory and sleep conditions, Expedite may offer links to health care providers with whom you may choose to establish an independent physician-patient relationship (“Providers”). Expedite is not party to these relationships. Providers have no affiliation with Expedite, and Expedite has no control over operational elements such as pricing decisions, physician selection, or licensing/compliance matters. Expedite in no way influences medical directives made by Providers and Providers are in no way compensated financially or otherwise by Expedite for any services or medical directives that Providers provide to you.
All services provided to you by Providers linked through the Website are independent of Expedite, and are subject to the Provider’s terms and conditions. Under no circumstances are Expedite or its affiliates responsible for the services that you receive from a Provider.
Should you choose to engage with any Provider, you should understand the following:
You are in no way obligated to use a Provider linked through the Website in order to engage with Expedite or to purchase products through the Website. Expedite will take direction from any licensed physician with whom you have established a physician-patient relationship.
Authorized and prohibited ues
Third-party sites and other information
This Website may contain as a convenience to you, content, links and other information submitted by third parties over whom Expedite has no control or responsibility, as well as translations thereof which Expedite may arrange. Expedite has no obligation to monitor, control or restrict the use of this Website, or third-party websites accessible via links on this Website. These other sites are not under Expedite's control, and you acknowledge that (whether or not such sites are affiliated in any way with Expedite) Expedite is not responsible for the accuracy, copyright compliance, legality, decency or any other aspect of the content of such sites. The inclusion of such a link does not imply endorsement of any site by Expedite or any association with its operators. PRODUCTS AND SERVICES PROVIDED BY THIRD-PARTIES LINKED THROUGH THE WEBSITE ARE SUBJECT TO SEPARATE TERMS AND CONDITIONS.
Registration and passwords
At times, we may or may not require you to have a password and provide registration details to access this Website or portions of this Website. To the extent that we do require a password and registration details, the details you provide must be correct, current and complete. If Expedite believes that the details are not correct, current and complete, we have the right to refuse you access to the Website, or any of its resources, and to terminate or suspend your account, if any.
You are responsible for maintaining the confidentiality of any password(s) you are given to access this Website, and you are fully responsible for all activities that occur under your password(s). Expedite is not liable for any loss that you incur as a result of someone else using your password, either with or without your knowledge. You may be held liable for any losses incurred by Expedite, its affiliates, officers, directors, employees, consultants, agents and representatives due to someone else's use of your account or password. You agree to notify us immediately of any unauthorized use of your password(s). We reserve the absolute right not to issue a password to any person or entity.
Compliance with the Digital Millennium Copyright Act
Expedite respects the rights of all copyright holders and in this regard, we have adopted and implemented a policy that provides for the termination in appropriate circumstances of users of this Website who infringe the rights of copyright holders. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our Copyright Agent the following information required by the Digital Millennium Copyright Act, 17 U.S.C. Section 512:
For copyright inquiries under the Digital Millennium Copyright Act, please contact Expedite's Copyright Agent at firstname.lastname@example.org.
Access arrangements and fees
Your use of this Website must be in accordance with any and all procedures, forms, formats, displays and operating times, which may be determined, specified or modified by Expedite in its discretion. You are responsible for all software, hardware, interconnections, fees, expenses, costs and taxes for you to access or use this Website.
At this time, we do not charge a fee to use this Website (but not including any subscription-based or other services offered within, which will be the subject of a separate agreement), but we reserve the right to impose or modify fees in connection with use of this Website (or portions of this Website) at any time without liability. Expedite will endeavor to issue a general notice on this Website with regard to any imposition of fees or modifications to this Website.
Unless otherwise agreed between you and Expedite, no link shall be made to any page of this Website except a direct link to the top page without framing. In addition, any link to this Website must be immediately followed by notice to Expedite via email at email@example.com. Moreover, if Expedite deems your linking practices in relation to this Website to be inappropriate, Expedite may choose to delete the link or to provide you with notice concerning removal or modification of the inappropriate link, and you agree to comply with any and all requirements of Expedite relating to such notice.
Access to website
While it is Expedite's objective to make the Website accessible 24 hours per day, 7 days per week, the Website may be unavailable from time to time for any reason including, without limitation, routine maintenance. You understand and acknowledge that due to circumstances both within and outside of the control of Expedite, access to the Website may be interrupted, suspended or terminated from time to time. Expedite shall have the right at any time to change or discontinue any aspect or feature of the Website, including, but not limited to, Content, hours of availability and equipment needed for access or use.
You agree not to submit any User Content to this Website or commit any act involving the transfer of information relating to any Content in violation of applicable import/export control, espionage or national security laws.
You agree to comply with all applicable laws in connection with your use of this Website. Unsuitable Content and Conduct.
User shall not engage in, conduct or submit to this Website any User Content or other material that is illegal, inaccurate, misleading, misappropriated, infringing, dilutive, defamatory, obscene, offensive or otherwise objectionable. User shall not cause damage, embarrassment or adverse publicity to Expedite.
Functional compatibility and system abuse
Your cooperation and notification
THIS WEBSITE, ITS CONTENT AND ITS LINKS ARE PROVIDED ON AN "AS IS" BASIS AND ARE USED ONLY AT YOUR SOLE RISK, TO THE FULLEST EXTENT PERMISSIBLE BY LAW. EXPEDITE DISCLAIMS ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS, EXPRESS OR IMPLIED, OF ANY KIND, REGARDING THIS WEBSITE (INCLUDING ITS CONTENT, HARDWARE, SOFTWARE AND LINKS), INCLUDING ANY IMPLIED WARRANTIES AS TO FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, TITLE, NONINFRINGEMENT, RESULTS, ACCURACY, COMPLETENESS, ACCESSIBILITY, COMPATIBILITY, SECURITY AND FREEDOM FROM COMPUTER VIRUS. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. FOR THE AVOIDANCE OF DOUBT, THE DISCLAIMER IN THIS SECTION DOES NOT APPLY TO PRODUCTS PURCHASED THROUGH THE WEBSITE, WHICH ARE INSTEAD GOVERNED BY THE TERMS OF SALE.
Limitations on liability and remedies
EXPEDITE'S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO ANY DISPUTE WITH EXPEDITE (INCLUDING WITHOUT LIMITATION YOUR USE OF THE WEBSITE) IS TO DISCONTINUE YOUR USE OF THE WEBSITE. EXPEDITE AND ITS PARENT, AFFILIATES, AND VENDORS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGE ARISING FROM YOUR USE OF THIS WEBSITE OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OR REGISTRATION WITH EXPEDITE. THESE EXCLUSIONS FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES INCLUDE, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF EXPEDITE HAD BEEN ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, EXPEDITE AND ITS PARENT, AFFILIATES AND VENDORS' LIABILITY IN SUCH STATE OR JURISDICTION SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. EXPEDITE DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY PRODUCT OR SERVICE OFFERED THROUGH THIS WEBSITE AND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. IN ANY EVENT, IF ANY OF THE ABOVE PROVISIONS IN THIS SECTION ARE NOT ENFORCEABLE IN AN APPLICABLE JURISDICTION, THE MAXIMUM LIABILITY OF EXPEDITE WILL BE LIMITED TO, IN THE SOLE DISCRETION OF EXPEDITE, EITHER THE (1) CORRECTION OR DELETION OF ANY INACCURATE CONTENT OR LINK; OR (2) REFUND OF ANY FEES FOR THIS WEBSITE RECEIVED BY EXPEDITE FROM YOU.
Separate Terms and Conditions
Dispute resolution; applicable law and forum