Terms of Use
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE SITE. These Terms of Use govern the products and services made available to you by MedQuest (“MedQuest,” “we,” “us,” “our”). By accessing or using this website, or other MedQuest product or service (collectively, the “Site”), you signify that you have read, understand and agree to be bound by these Terms of Use and any other applicable law. If you order any product or service provided through the Site, then fulfillment of your order is expressly conditioned upon your assent to these Terms of Use. If you do not agree to these Terms of Use, please do not use the Site. You should periodically review these terms, conditions, and policies for any updates or changes. Your continued use of the Site shall constitute notice and acceptance of any such changes.
About Our Health Content
Our health content describes general principles of health care that should not in any event be construed as specific instructions for individual patients. This material is not intended as a guide to self-medication or as a substitute for proper medical advice, diagnosis, or treatment. It is for reference only and should not be used to determine treatment for specific medical conditions—only a health care provider can do that. The Site and its health-related information and resources are not intended and must not be taken as the rendering of medical, nursing, or professional health care advice or services, or the practice of medicine, nursing, or professional health care in any jurisdiction. You should discuss the information provided with a physician, pharmacist, nurse, or other licensed health care professional. You should also check product information (including package inserts) regarding dosage, precautions, warnings, interactions, and contraindications before administering or using any device, drug, herb, vitamin, or supplement discussed on the Site.
Proper treatment of health conditions depends upon a number of factors, including, but not limited to, your medical history, diet, lifestyle, and medication regimen. Your health care provider can best assess and address your individual health care needs. You should consult with your health care provider before starting a new diet, fitness, or supplement regimen. If you are experiencing a medical crisis, please call 911 or contact your local emergency assistance service immediately.
Information and statements about dietary supplements have not been evaluated by the U.S. Food and Drug Administration and are not intended to diagnose, treat, cure, mitigate, or prevent any disease or health condition. MedQuest and the Site do not necessarily endorse manufacturers’ or others’ claims about the efficacy of these products. We specifically disclaim any guarantee or warranty, express or implied, with respect to any products or services sold, including any warranty of merchantability or fitness for a particular purpose. No information conveyed by the Site or MedQuest either orally or in writing shall create such a warranty.
Warranty Disclaimer
The Site and the materials and products sold on or through the Site are provided AS IS, AS AVAILABLE and without warranties of any kind. You use the Site at your own sole risk. With respect to the Site, User Content, Site Content, and products sold on or through the Site, to the fullest extent permitted by law, we disclaim all warranties, express, implied or statutory, including, but not limited to, implied warranties of title, quality, performance, and merchantability, fitness for a particular purpose, accuracy, title and non-infringement. Without limiting the foregoing, we do not warrant that (i) the Site or other products and services will meet your specific requirements or desired results, (ii) the Site will be uninterrupted, error-free, timely or secure, that any defects will be corrected, or that the Site is free of viruses or anything else harmful, or (iii) the results obtained from the use of the Site will be accurate or reliable. To the fullest extent permitted by law, we do not make any warranties or representations regarding the use of materials, Site Content or User Content or items placed for display or sale in terms of their correctness, accuracy, adequacy, timeliness, reliability, completeness or otherwise. You understand and agree that you download or otherwise obtain Site content at your own risk, and that you will be solely responsible for your use of and any damage to any device on which you access the Site, including loss of data or other harm of any kind that may result. We reserve the right to change any and all Site content and other items used or contained in the Site at any time without notice. No advice or information, whether oral or written, obtained by you from us or through the Site will create any warranty not expressly stated herein.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MEDQUEST SHALL NOT BE LIABLE TO YOU OR ANYONE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (REGARDLESS OF WHETHER WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), HOWEVER CAUSED, WHETHER BASED ON CONTRACT, NEGLIGENCE, STRICT LIABILITY IN TORT, WARRANTY OR ANY OTHER LEGAL THEORY, ARISING OUT OF OR RELATED TO (I) THE USE OR THE INABILITY TO USE THE SITE; (II) THE SITE CONTENT OR THE CONDUCT OF OTHER SITE USERS OR THIRD PARTIES; (III) THE PERFORMANCE OF THE PRODUCTS OR SERVICES PURCHASED THROUGH THE SITE; (IV) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES OBTAINED, MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE; (V) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA; (VI) TERMINATION OR DOWNGRADING OF YOUR ACCOUNT; (VII) the placing by others of orders not authorized by you; OR (VIII) ANY OTHER MATTER RELATING TO THE SITE OR ANY OF OUR OTHER PRODUCTS OR SERVICES. OUR MAXIMUM CUMULATIVE LIABILITY AND YOUR EXCLUSIVE REMEDY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE TERMS OF USE, USE OF THE SITE OR SITE CONTENT IS THAT YOU STOP USING THE SITE. IF WE ARE FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH IS IN ANY WAY CONNECTED WITH YOUR USE OF THE SITE, OUR LIABILITY SHALL NOT EXCEED U.S. $100.00. OUR LIABILITY SHALL NEVER EXCEED THE AMOUNTS PAID TO US BY YOU FOR OUR PRODUCTS OR SERVICES that are at issue in the claim. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Indemnification
You agree to indemnify, defend, and hold harmless MedQuest, its affiliates, officers, directors, employees, agents, and licensors from and against all losses, liabilities, costs (including without limitation attorneys’ fees), damages, judgments, and claims, of every kind and nature, arising from or relating in any way to your use of the Site, your conduct in connection with the Site, or your violation of these Terms of Use, any law or the rights of any third party.
Changes to Site
MedQuest may change or modify the information, services, products, materials, and any other resources contained on or accessible through this Site, or discontinue this Site altogether, at any time without notice. MedQuest may modify the Terms of Use at any time, and may modify the privacy and other policies relating to the Site or its use, and such modifications shall be effective immediately upon posting of the modified Terms of Use. Accordingly, you agree to review the Terms of Use and the privacy and other policies periodically, and your continued use of this Site shall be deemed your acceptance of the modified Terms of Use and privacy and other policies.
Your Obligations
You agree to use this Site only for lawful purposes. Any conduct by you that, in our sole discretion, restricts, inhibits, or interferes with the ability of any other user to enjoy the Site will not be tolerated, including by means of hacking or defacing any portion of the Site, or by engaging in spamming, flooding, or other disruptive activities. You are strictly prohibited from communicating on or through the Site any unlawful, harmful, offensive, threatening, abusive, libelous, harassing, defamatory, vulgar, obscene, profane, hateful, fraudulent, sexually explicit, racially, ethnically, or otherwise objectionable material of any sort, including, but not limited to, any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law. We reserve the right to terminate or suspend your access to and use of the Site, or parts of the Site, without notice, if we believe, in our sole discretion, that it is in violation of any applicable law or it is harmful to our interests or the interests, including intellectual property or other rights, of another user or other third-party partners, affiliates, sponsors, providers, licensors, or merchants.
With respect to your account, you agree to provide true, accurate, current, and complete information about yourself. It is your responsibility to maintain and promptly update this account information to keep it true, accurate, current, and complete. If you provide any information that is fraudulent, untrue, inaccurate, incomplete, or not current, or we have reasonable grounds to suspect that such information is fraudulent, untrue, inaccurate, incomplete, or not current, we reserve the right to suspend or terminate your account without notice and refuse any and all current and future use of the Site. Furthermore, you agree that we shall not be liable to you or any third party for any termination of your access to your account or the Site.
When you create your account, you will be asked to supply a user ID and password. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur in connection with your password or account. You agree to immediately notify us of any unauthorized use of your password or account or any other breach of security. You further agree that you will not permit others, including those whose accounts have been terminated, to access the Site using your account or user ID.
These Terms of Use are effective until terminated by either party. If you no longer agree to be bound by these Terms of Use, you must cease your use of the Site. Your use of the Site is at your sole risk. If you are dissatisfied with the Site, its content, or any of these Terms of Use, your sole and exclusive legal remedy is to discontinue using the Site.
Trademark and Copyright Notice
All the content on the Site is subject to trademark, service mark, copyright, and/or other intellectual property rights held by MedQuest. All title and full intellectual property rights protected by U.S. or international copyright laws are reserved by us for any materials downloaded or otherwise received from the Site. Trademark or copyright notices may not be deleted or altered in any way by you. Trademarks and copyrights of MedQuest may not be used by you in connection with any third-party products or services.
MedQuest grants you a license that is non-exclusive and non-transferable, with a limited right to access, use, and display the Site and the informational materials contained in the Site. You agree not to interrupt or attempt to interrupt the operation of the Site in any way. Except as provided above or as permitted by the fair use privilege under U.S. copyright laws (17 U.S.C. Section 107), you may not upload, post, reproduce, or distribute in any way content protected by copyright, or other proprietary right, without obtaining express permission of the owner of the copyright or other proprietary right. No title, rights, or interests in any downloaded materials from the Site are afforded you as a result of such downloading for personal, noncommercial use. You acknowledge that these rights are valid and protected in all forms, media, and technologies existing now or hereinafter developed.
Proprietary Rights
MedQuest owns all the content on the Site, including text, graphics, legends, customized graphics, original photographs, data, images, music, audio and video clips, typefaces, titles, button icons, logos, designs, words or phrases, page headers, and software as well as the design, coordination, arrangement, enhancement, and presentation of this material.
Copying, publishing, broadcasting, re-broadcasting, webcasting, transmitting, modifying, deleting, augmenting, distributing, downloading, storing, reproducing, sublicensing, adapting, or creating derivative works of this content, or posting this content or selected portions of this content in any manner on any network computer, broadcast media, or other technologies existing now or hereinafter developed for unauthorized publication or commercial use without the prior written consent of MedQuest is strictly prohibited. You hereby agree not to reproduce, duplicate, copy, sell, resell, decompile, disassemble, or exploit for any commercial purposes any portion of the Site, use of the Site, or access to the Site, or to collect any information about Site visitors or registered users of the Site.
Electronic Communications
When you send emails to us, you are communicating with us electronically and consent to receive return communications, if any, from us electronically. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Wireless Phone Policy
By providing your wireless phone number to the Site, you expressly consent MedQuest calling and/or texting you at this phone number, in person or through an automated system.
Links to Other Sites
The Site may contain links to sites owned or operated by independent third parties. These links are provided for your convenience and reference only. We do not control such sites and, therefore, we are not responsible for any content posted on these sites. The fact that we offer such links should not be construed in any way as an endorsement, authorization, or sponsorship of that site or its content. Because some sites employ automated search results or otherwise link you to sites containing information that may be deemed inappropriate or offensive, we cannot be held responsible for the accuracy, copyright compliance, legality, or decency of material contained in third-party sites, including the weekly circular ads available online, and you hereby irrevocably waive any claim against us with respect to such sites.
General Information
In addition to the rights and privileges described in the terms, conditions, and policies outlined above, we further reserve the right to electronically monitor areas of our Site and may disclose any content, records, or electronic communication of any kind if required to do so by any law, regulation, or government request, if such disclosure is necessary or appropriate to operate the Site, or to protect our rights or property, or the rights of the users, partners, affiliates, sponsors, providers, licensors, or merchants with a relationship with us. If alerted to allegedly infringing, defamatory, damaging, illegal, or offensive content, we may investigate the allegation and determine in our sole discretion whether to remove or request the removal of such content from the Site.
Quality customer service is our top priority. References to or descriptions or images of products or services on the Site should not be interpreted as endorsements of such products or services. Resale of products or services purchased in connection with the Site is specifically prohibited. We reserve the right to refuse to sell products to you if it reasonably appears to us that you intend to resell such products. Verification of information may be required prior to our acceptance of any order. We further reserve the right to limit quantities of items purchased by each customer. Price, quantity, availability of any product or service, and shipping methods and shipping rates are subject to change without notice. Certain nonprescription order and/or product returns may incur a restocking fee. In general, offers on the Site are good only while supplies last.
We control the Site from our corporate offices within the United States of America. By accessing and using the Site you agree that such access and use is subject to the terms, conditions, and policies outlined above as well as applicable laws, as governed and interpreted pursuant to the laws of the state of Utah. Our failure to insist upon strict performance of any provision of these terms, conditions, and policies shall not be construed as an implicit waiver of any provision or right.
If any part of this agreement is ruled to be unenforceable, then such part shall be severed, with the remainder of the agreement remaining in full force and effect. These terms, conditions, and policies constitute the entire agreement between you and MedQuest governing your use of the Site. Your use of the Site is also subject to our site privacy policy and to our protected health information privacy policy. Such policies may change from time to time.
These Terms of Use were last updated July 20, 2018.