This website is operated by Telerent Leasing Corporation through its TeleHealth Services division ("TeleHealth" or "Seller"). All inquiries should be directed to:
4191 Fayetteville Road
Raleigh, NC 27603
These Terms and Conditions constitute a binding contract between Buyer and Seller and are referred to herein as ("Terms and Conditions"). Buyer accepts these Terms and Conditions by making a purchase from or placing an order with Seller or shopping on Seller Website ( "Site") or otherwise requesting products ("Products") (as this and all capitalized terms are defined herein). These Terms and Conditions are subject to change without prior notice, except that the Terms and Conditions posted on the Site at the time Buyer places an order will govern the order in question, unless otherwise agreed in writing by Seller.
Buyer's Electronic purchase orders are the equivalent of written and signed documents.
The Buyer may issue a purchase order for administrative purposes only. Additional or different terms and conditions contained in any such purchase order will be considered by Seller null and void. No course of prior dealings between the parties and no usage of trade will be relevant to determine the meaning of these Terms and Conditions or any purchase order or invoice. This Agreement contains the entire understanding of the parties with respect to the matters contained herein and supersedes and replaces in its entirety any and all prior communications and contemporaneous agreements and understandings, whether oral, written, electronic or implied if any, between the parties with respect to the subject matter hereof.
YOUR USE OF THIS WEBSITE IS GOVERNED BY THESE TERMS AND CONDITIONS
Your use of this website is governed by these Terms and Conditions. Please take a few minutes to review these Terms and Conditions. Your use of the TeleHealth.com/marketplace website constitutes your agreement to follow these rules and to be bound by them. Although you may "bookmark" a particular portion of this site and thereby bypass this Agreement, your use of this site still binds you to these terms and conditions. For this reason, we encourage you to review these terms and conditions whenever you use this site. If you do not agree with any of these Terms and Conditions, do not use the TeleHealth.com/marketplace website.
THESE TERMS AND CONDITIONS MAY CHANGE
TeleHealth reserves the right to update or modify these Terms and Conditions at any time without prior notice. Your use of this website following any such change constitutes your agreement to follow and be bound by the Terms and Conditions as changed. For this reason, we encourage you to review these Terms and Conditions whenever you use this website.
All of the content you see and hear on the TeleHealth.com/marketplace website, includingwithout limitation, all of the page headers, images, illustrations, graphics, audio clips, video clips and text (collectively, the "Content"), are subject to or are owned or licensed to TeleHealth or one of its affiliates, subsidiaries or distributors. The entire Content of this website is copyrighted as a collective work under U.S. and international copyright laws, and TeleHealth owns a copyright in the selection, coordination, arrangement and enhancement of the Content.
The Content of this website, and the site as a whole, is intended solely for commercial use. You may download, print and store selected portions of the Content, provided you (1) only use these copies of the Content for commercial use, (2) do not copy or post the Content on any network computer or broadcast the Content in any media, and (3) do not modify or alter the Content in any way, or delete or change any copyright or trademark notice.
No right, title or interest in any downloaded materials is transferred to you as a result of any such downloading. TeleHealth retains all its intellectual property rights in any Content you download from this website.
You may not without the prior written permission of TeleHealth use any computer code, data mining software, "robot", "bot", "spider", "scraper" or other automatic device, or program, algorithm or methodology having similar processes or functionality, or any manual process, to monitor or copy any of the web pages, data or content found on this site or accessed through this site. You also may not: engage in the mass downloading of files from this site; use the computer processing power of this site for purposes other than those permitted above; or flood this site with electronic traffic designed to slow or stop its operation.
Except as noted above, you may not copy, download, reproduce, modify, publish, distribute, transmit, transfer or create derivative works from the Content without first obtaining written permission from TeleHealth.
TeleHealth owns numerous trademarks that are used in connection with the sale of TeleHealth products and services, including without limitation, TeleHealth Services. You may not use TeleHealth's trademarks and trade dress in connection with any product or service without the express permission of TeleHealth. All other trademarks not owned by TeleHealth or its affiliates that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by TeleHealth or its affiliates.
You may not distribute products or offer services under or by reference to or otherwise use or reproduce any such trademarks, trade names or service marks, or use any meta tags or any other "hidden text" utilizing any such trademarks, trade names or service marks, without the express prior written permission of TeleHealth or the owner of such trademarks, trade names or service marks.
We welcome your comments regarding the TeleHealth.com/marketplace website. However, any comments, testimonials, feedback, notes, messages, ideas, suggestions or other communications (collectively, "Comments") sent to TeleHealth.com/marketplace shall be and remain the exclusive property of TeleHealth. Your submission of any Comments shall constitute an assignment to TeleHealth of all worldwide rights, titles and interests in all copyrights and other intellectual property rights in the Comments. TeleHealth will be entitled to use, reproduce, disclose, publish and distribute any material you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any comments that you do not wish to assign to us, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork.
PRODUCT AND SERVICE AVAILABILITY; PRODUCT DESCRIPTIONS
Reference to any product or service on the TeleHealth.com/marketplace website does not constitute an offer to sell or supply that product or service and does not mean that the product or service is available. TeleHealth attempts to be as accurate as possible. However, TeleHealth does not warrant that product descriptions or other content of this website is accurate, complete, reliable, current, or error-free. If a product offered by TeleHealth itself is not as described, your sole remedy is to return it in unused condition.
PRICES AND AVAILABILITY OF THE PRODUCTS AND SERVICES LISTED ON THE SITE ARE SUBJECT TO CHANGE WITHOUT NOTICE. The prices displayed on TeleHealth.com/marketplace are quoted in U.S. Dollars and are valid and effective only in the United States.
While TeleHealth strives to provide accurate product and pricing information, pricing or typographical errors may occur. In the event a product or service is listed at an incorrect price due to a typographical error, or any other reason, we shall have the right to refuse or cancel any order placed for such product or service at the incorrect price, even if the order has been confirmed and/or your credit card has been charged. In the event that an item is mispriced, TeleHealth may, at our discretion, either contact you for instructions or cancel your order and notify you of such cancellation. If your credit card has already been charged for the purchase and your order is cancelled, we shall promptly issue a credit to your credit card account in the amount of the incorrect price.
Applicable taxes and fees will be added to the order at time of invoice unless satisfactory Tax Exemption Certificate has been received by TeleHealth.
PACKING, CRATING, FREIGHT, DELIVERY
All charges will be Pre-Paid and Add FOB shipping point.
The California Electronic Disposal Fee will be added as applicable. This fee only relates to new Products being purchased.
RISK OF LOSS
All items purchased from Seller are made pursuant to a shipment contract. This means the risk of loss and title for such items pass to you upon Seller's delivery to the carrier.
All Products shall be received subject to Buyer's right of inspection and rejection which may be exercised directly by Buyer. Receipt is for piece count and weight and not functionality.
- Requests for the return of product must be made within thirty (30) calendar days of the product's delivery date.
- Return authorizations can be requested by calling 1-800-535-2459.
- Only new, non-custom product in its original unopened packaging can be returned.
- Special order/custom product is not returnable.
- Credit will not be issued until Seller receives the product and inspects it to ensure it is in new, salable condition in Seller's sole discretion.
- All returned Products are subject to a minimum 15% restocking fee.
- Shipping charges for the return of items and shipment of replacement items is the responsibility of the Buyer.
Delivery of product with visible signs of shipping damage should be refused. Be sure the carrier has properly documented the reason for refusal on their bill of lading or electronic system. Call Seller Services immediately at 1-800-535-2459. Concealed damage - Claims for concealed damage must be made within five (5) days of receipt of the product. Notify TeleHealth Buyer Service immediately upon discovery of concealed damage, within the five (5) day limit for further instruction.
Orders are binding upon Seller upon shipment. Buyer agrees to pay the total purchase price for the Products plus shipping, taxes and fees as applicable. Terms of payment are Net 30 unless otherwise approved in writing by Seller. Invoices are due and payable within the time period specified on the invoice, measured from the date of invoice, subject to continuing credit approval by Seller. Seller or any of its Affiliates on behalf of Seller may issue an invoice to Buyer. Seller may invoice Buyer separately for partial shipments. Buyer agrees to pay interest on all past-due sums at the lesser of one and one-half percent (1.5%) per month or the highest rate allowed by law. Buyer will pay for, and will indemnify and hold Seller and its Affiliates harmless from, any applicable sales, use, transaction, excise or similar taxes and any federal, state or local fees or charges (including, but not limited to, environmental or similar fees), imposed on the Products. Buyer must claim any exemption from such taxes, fees or charges at the time of purchase and provide Seller with the necessary supporting documentation. In the event of a payment default, Buyer will be responsible for all of Seller's costs of collection, including, but not limited to, court costs, filing fees and attorneys' fees. Buyer hereby grants to Seller a security interest in the Products to secure payment in full. Buyer authorizes Seller to file a financing statement perfect such security interest.
The Buyer agrees that it has selected the Product and it is suitable for its intended purpose. Buyer understands that Seller is not the manufacturer of the Products purchased by Buyer hereunder and the only warranties offered are those of the manufacturer, not Seller or its Affiliates. In purchasing the Products the Buyer is relying on the manufacturer's specifications only and is not relying on any statements, specifications, photographs or other illustrations representing the Products that maybe provided by Seller or its Affiliates. SELLER AND ITS AFFILIATES HEREBY EXPRESSLY DISCLAIM ALL WARRANTIES EITHER EXPRESSED OR IMPLIED, RELATED TO PRODUCTS, INCLUDING BUT NOT LIMITED TO, ANY WARRANTY OF TITLE, ACCURACY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Buyer expressly waives any claim that it may have against Seller or its Affiliates based on any product liability or infringement or alleged infringement of any patent, copyright, trade secret or other intellectual property rights with respect to any Product and also waives any right to indemnification from Seller or its Affiliates by a third party. Seller expressly warrants all Products to be free from defects and materials and warrants that all Products conform strictly to applicable specifications, drawings and approved samples, if any. Seller warrants all Products furnished to be new and unused (unless otherwise specified in this Order).
Seller will not be responsible for and no liability shall result to Seller or any of its Affiliates for any delays in delivery or in performance which may result from any circumstances beyond Seller's reasonable control including but not limited to Product unavailability, carrier delays, acts of governmental authority, acts of the public enemy, war, fires, floods, epidemics, strikes, labor troubles, freight embargoes or causes or contingencies reasonably beyond its control. Any shipping dates provided by Seller or any purported deadlines are estimates only.
Buyer shall not assign this Order.
If you register for an account on TeleHealth.com/marketplace, 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. We cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations. We reserve the right to delete or change any username or password at any time and for any reason. All information provided to us will be used in accordance with our Privacy Notice. TeleHealth.com/marketplace does sell products for children, but it sells them to adults, who can purchase with a credit card. If you are under 18, you are prohibited from using TeleHealth.com/marketplace. TeleHealth reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders at our sole discretion.
CORRECTION OF ERRORS AND INACCURACIES: RISK OF LOSS
The information on this website may contain typographical errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). Please note that such errors, inaccuracies or omissions may relate to product description, pricing and availability. We apologize for any inconvenience this may cause you. The risk of loss and title to items purchased from TeleHealth.com/marketplace passes to the purchaser upon our delivery to the carrier.
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
We respect the intellectual property rights of others, and require that the people who use TeleHealth.com/marketplace do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to the Copyright Agent named below:
- Your address, telephone number, and email address;
- A description of the copyrighted work that you claim has been infringed;
- A description of where the alleged infringing material is located;
- A statement by you that you have a good faith belief that the disputed use is not authorized by you;
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Please note that this procedure is exclusively for notifying TeleHealth that your copyrighted material you believe may have been infringed. TeleHealth Copyright Agent for receipt of your notice of claims of copyright infringement on TeleHealth.com/marketplace can be reached as follows:
Mr. John Woodward, CPA
Chief Financial Officer
4191 Fayetteville Road
Raleigh, NC 27603
DISCLAIMERS -- GENERAL
THE TELEHEALTH.COM/MARKETPLACE WEBSITE IS OPERATED BY TELEHEALTH ON AN "AS IS," "AS AVAILABLE" BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULL EXTENT PERMITTED BY LAW, TELEHEALTH DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THIS SITE AND ITS CONTENTS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR USE.
WITHOUT LIMITING THE FOREGOING, TELEHEALTH DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY PRODUCT OR MERCHANDISE OFFERED ON THIS SITE.
WITHOUT LIMITING THE FOREGOING, TELEHEALTH DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ON THIS WEBSITE IS ACCURATE, COMPLETE, RELIABLE, USEFUL, TIMELY OR CURRENT OR THAT THIS WEBSITE WILL OPERATE WITHOUT INTERRUPTION OR ERROR.
WITHOUT LIMITING THE FOREGOING, TELEHEALTH DISCLAIMS ANY LIABILITY AS TO THE ACCURACY OR COMPLETENESS OF EACH ITEM DESCRIPTION.
TELEHEALTH DOES NOT ENDORSE OR MAKE ANY WARRANTIES OR REPRESENTATIONS ABOUT THE OPTIONS OR OTHER SERVICE OR DATA YOU MAY ACCESS, DOWNLOAD OR USE AS A RESULT OF THE USE OF THE INFORMATION CONTAINED ON THIS WEBSITE, OR ABOUT ANY WEBSITE YOU MAY ACCESS THROUGH THIS WEBSITE. LINKS TO OTHER SITES ARE PROVIDED FOR CONVENIENCE ONLY. YOU NEED TO MAKE YOUR OWN DECISIONS REGARDING YOUR INTERACTIONS OR COMMUNICATIONS WITH ANY OTHER WEBSITE.
TELEHEALTH MAKES NO REPRESENTATION THAT CONTENT PROVIDED ON THIS WEBSITE IS APPLICABLE OR APPROPRIATE FOR USE IN LOCATIONS OUTSIDE OF THE UNITED STATES. TELEHEALTH ASSUMES NO RISK OR RESPONSIBILITY FOR YOUR USE OF ANY OF THE CONTENT PROVIDED ON THIS WEBSITE.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, SHALL TELEHEALTH OR ANY OF ITS EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE FOR ANY DIRECT OR INDIRECT LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THIS WEBSITE.
THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND (WHETHER GENERAL, SPECIAL,CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME OR PROFITS), WHETHER IN CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF TELEHEALTH HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
IF YOU ARE DISSATISFIED WITH THIS WEBSITE OR ANY CONTENT ON THE SITE, OR WITH THESE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS WEBSITE. YOU ACKNOWLEDGE, BY YOUR USE OF THIS WEBSITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF TELEHEALTH UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100).
ENFORCEMENT OF TERMS AND CONDITIONS
BY ACCESSING AND USING THE TELEHEALTH.COM/MARKETPLACE WEBSITE, YOU AGREE THAT YOUR ACCESS TO AND USE OF THIS WEBSITE IS SUBJECT TO THESE TERMS AND CONDITIONS, AS WELL AS ALL APPLICABLE LAWS, AS GOVERNED AND INTERPRETED PURSUANT TO THE LAWS OF THE STATE OF NORTH CAROLINA, UNITED STATES OF AMERICA.
COMPLIANCE WITH LAWS
Seller shall comply with applicable Federal, State and Local laws, and rules and regulations and shall indemnify Buyer against any loss, liability or damage as a result of its noncompliance with said laws, rules and regulations.
These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of North Carolina. Seller is a Federal contractor covered under Executive Order 11246, and Section 503 and 402 of the Rehabilitation Act, and complies with all EEO laws.
PURCHASE ORDER AS SIGNATURE
A Purchase Order from the Buyer shall act as an electronic signature and bring forth into effect all terms and conditions herein.
An order cannot be cancelled by Buyer after the order has been submitted.
If any provision or portion thereof contained in these terms and Conditions shall, for any reason, be declared invalid or unenforceable by a court of competent jurisdiction, the invalidity or unenforceability of such provision or portion shall not invalidate or render unenforceable the remaining provisions hereof and the provision or portion declared invalid shall not be invalidated in its entirety, but shall be deemed to be altered and amended, whenever possible, to the extent necessary to effect such validity and enforceability. The invalidity or unenforceability of any provision or portion thereof contained in these Terms and Conditions in one jurisdiction shall not invalidate or render unenforceable such provision or portion thereof in any other jurisdiction. To the extent permitted by applicable law, the parties hereby waive any provision of law which renders any provision hereof prohibited or unenforceable in any respect.
This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors, assigns and representatives.
The failure of either party to enforce any of these Terms and Conditions on one or more occasions shall not constitute a waiver of such party's right to enforce such term on any other occasion or of such party's right to enforce each and every Term and Condition.
RELATIONSHIP OF PARTIES
Nothing herein shall be construed to create a partnership, joint venture or agency relationship between the parties hereto and Buyer shall not have the authority to bind Seller in any respect.
You agree and consent to the exclusive jurisdiction of the state or federal courts located in Raleigh, North Carolina and waive any defense of lack of personal jurisdiction or improper venue or forum non conveniens to a claim brought in such court, except that TeleHealth may elect, in its sole discretion, to litigate the action in the county or state where any breach by you occurred or where you can be found. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out or related to your use of the Website or these Terms and Conditions shall be filed within one (1) year after such claim or cause of action arose or will forever be barred.
TeleHealth.com/marketplace knows you care about how information about you is used and shared, and we appreciate the trust that you place in us. Our Privacy Notice explains what information we collect from you, how we use that information, and what choices you have with respect to that information. The information we learn from customers helps us to continually improve your TeleHealth experience. Here are the types of information we gather.
- Information You Give Us: We receive and store any information you enter on our website or give us in any other way. You can choose not to provide certain information, but then you might not be able to take advantage of many of our features. We use the information that you provide for such purposes as responding to your requests, customizing future shopping for you, improving our site, and communicating with you.
- Automatic Information: We receive and store certain types of information whenever you interact with us. For example, like many Web sites, we use "cookies," and we obtain certain types of information when your Web browser accesses TeleHealth.com/marketplace.
- E-mail Communications: To help us make e-mails more useful and interesting, we often receive a confirmation when you open e-mail from TeleHealth.com/marketplace if your computer supports such capabilities.
- Cookies are unique identifiers that we transfer to your device to enable our systems to recognize your device.
Information about our customers is an important part of our business, and we are not in the business of selling it to others. We may share customer information only as described below and with subsidiaries/affiliates of TeleHealth.com/marketplace.
- Business Transfers: As our business continues to develop, we might sell or buy subsidiaries, or other business units. In such transactions, customer information generally is one of the transferred business assets but remains subject to the promises made in any pre-existing Privacy Notice (unless, of course, the customer consents otherwise). Also, in the unlikely event that TeleHealth or substantially all of its assets relating to this site are acquired, customer information will of course be one of the transferred assets.
- Protection of TeleHealth.com/marketplace and Others: We release account and other information when we believe release is appropriate to comply with the law; enforce or apply our Terms and other agreements; or protect the rights, property, or safety of TeleHealth, our users, or others. Obviously, however, this does not include selling, renting, sharing, or otherwise disclosing personally identifiable information from customers for commercial purposes in violation of the commitments set forth in this Privacy Notice.
- We work to protect the security of your information during transmission by using Secure Sockets Layer (SSL) software, which encrypts information you input.
- We reveal only the last four digits of your credit card numbers when confirming an order. Of course, we transmit the entire credit card number to the appropriate credit card company during order processing.
- It is important for you to protect against unauthorized access to your password and to your computer.
TeleHealth.com/marketplace gives you access to a broad range of information about your account and your interactions with TeleHealth.com/marketplace for the limited purpose of viewing and, in certain cases, updating that information.
You can add or update certain information on your customer profile. When you update information, we usually keep a copy of the prior version for our records.
If you choose to visit TeleHealth.com/marketplace, your visit and any dispute over privacy is subject to this Notice and our Terms including limitations on damages, resolution of disputes, and application of the law of the state of North Carolina. If you have any concern about privacy at TeleHealth.com/marketplace, please contact us with a thorough description, and we will try to resolve it. Our business changes constantly, and our Privacy Notice and the Terms will change also. You should check our Web site frequently to see recent changes. Unless stated otherwise, our current Privacy Notice applies to all information that we have about you and your account. We stand behind the promises we make, however, and will never materially change our policies and practices to make them less protective of customer information collected in the past without the consent of affected customers.
ADDITIONAL TERMS AND CONDITIONS APPLYING TO ENCODED VIDEO AND MEDIA CONTENT:
Licensee acknowledges and agrees that using the Software, in conjunction with any hardware provided by TeleHealth, to broadcast materials prior to obtaining the intellectual property rights and/or third party consents required to make such copies is in violation of United States copyright laws. Customer shall indemnify and hold TeleHealth harmless against any and all claims of copyright infringement. Further, the Licensee agrees to indemnify and hold TeleHealth harmless against any and all claims of copyright violations, which may rise out of any video duplication services contracted by the Licensee from TeleHealth. Such indemnity includes reasonable attorney's fees, which may be associated with any defense of TeleHealth.
TeleHealth reserves the right to refuse any type of editing request or altered material they may conflict with the original broadcasting rights. TeleHealth is not liable for encoding any altered or edited material that it may receive as source data that has been represented as original media compliant with broadcasting rights.
Please click on the link below to download Telehealth Sevices' Site Terms.