Draft. This document is awaiting review by counsel and is not yet in effect. Highlighted items are still to be confirmed.
Website terms of use
Effective date: [effective date]
About these terms
These website terms of use ("terms") govern your access to and use of the website at https://alliedmedical.supplies and all of its pages (the "site"). The site is operated by Allied Medical Management LLC, a Wyoming limited liability company registered to do business in New York as a foreign limited liability company ("Allied", "we", "us", or "our").
By using the site, you agree to these terms. If you do not agree, do not use the site.
If you use the site on behalf of a business, you confirm that you have authority to accept these terms for that business. In that case, "you" means both you and the business.
These pages explain related topics:
- Privacy policy: how we handle information collected through the site.
- Terms and conditions of sale: the terms that apply to all quotes, orders, and purchases.
- Product notice: product and regulatory information for trade buyers.
- Accessibility statement: how the site is built for accessibility and how to give feedback.
Who may use the site
The site is for business users in the United States. It is intended for licensed businesses, such as DME suppliers, pharmacies, clinics and physical therapy practices, med-spas, and distributors.
You may use the site only if:
- you are at least 18 years old;
- you use the site for business purposes, not for personal, family, or household purposes; and
- you are permitted to use the site under the laws that apply to you.
We do not sell to patients or consumers. We sell only to businesses with an approved trade account, and a resale certificate is required to open one. We may ask for documents that confirm your business, licensing, or resale status before we open an account or accept an order. We may decline any account application or quote request.
The site is not directed to children, and we do not knowingly collect personal information from children. We make no claim that the site or the products are appropriate or available for use outside the United States.
Purchases are governed by the Terms and conditions of sale
These terms cover your use of the website only. They do not govern the sale of products. All quotes, orders, purchases, pricing, payment, shipping, returns, and product warranties are governed by our Terms and conditions of sale and any signed written agreement between you and Allied.
If these terms conflict with the Terms and conditions of sale, or with a signed written agreement between you and Allied, on any matter relating to a quote, order, or product, that other document controls.
Catalog information and pricing
We work to keep the catalog accurate, but product information changes and errors can occur.
- Specifications, packaging, model numbers, and availability can change without notice, including because of changes made by the manufacturer.
- Product images are illustrations. The product you receive may look different, for example in color, packaging, or included accessories.
- Allied sources products from third-party manufacturers, and some descriptions and specifications may come from them. We do not guarantee that this information is complete or current. Always check the product labeling and instructions for use.
- The site may contain typographical errors, inaccuracies, or omissions, including in descriptions, specifications, and prices. We may correct them at any time, including after you submit a quote request.
- A product listed on the site is not necessarily in stock, and listing it does not mean we will sell it to you.
Pricing on the site works as follows:
- All prices are in US dollars.
- Published dealer prices are shown only for items sold under our AMD (Allied Medical Devices) brand. All other items are quoted per order.
- Prices do not include sales tax, freight, or duties.
- A published price or a quote is not binding until Allied confirms an order in writing.
How an error affects a quote or order is covered in the Terms and conditions of sale.
No medical advice
Content on the site, including product descriptions, specifications, and images, is general product information for trade buyers. It is not medical advice. It does not replace the judgment of a licensed healthcare professional, and it does not tell you whether a product is suitable for a particular patient.
Do not rely on the site to diagnose, treat, or prevent any condition. Always follow the manufacturer's labeling and instructions for use. For clinical questions about a product, consult a qualified healthcare professional and the manufacturer's documentation.
Your regulatory responsibilities
Some products on the site are FDA-regulated medical devices. Some may be Class I or Class II devices. Some may be prescription devices, which federal law restricts to sale by or on the order of a licensed practitioner.
As a trade buyer, you are responsible for meeting the legal requirements that apply to your business in each jurisdiction where you operate. These include:
- holding any licenses, permits, or accreditations you need to buy, store, sell, or dispense the products, such as state DME licensing;
- meeting prescription requirements for prescription devices;
- meeting labeling and warning obligations that apply to you, such as California Proposition 65 warnings where applicable; and
- complying with all other laws that apply to how you sell, dispense, or use the products.
Statements on the site about a product's regulatory status are summaries. They do not replace the product labeling or your own compliance review. FDA 510(k) clearance is not FDA approval, and it does not mean that FDA endorses a product or Allied. See the Product notice for more information.
Quote requests and the quote list
You can add products to a quote list and send us a quote request through the form on the site.
- The quote list is saved in your browser's local storage on your device. It holds only product IDs and quantities. It is sent to us only if you submit the quote request form. You can clear it by removing items or by clearing site data in your browser.
- A quote request asks us for pricing and availability. It is not an order. It does not create a contract or a trade account.
- Information you submit must be accurate, must relate to your business, and must be yours to share.
- We may contact you about your request using the contact details you provide. We may decline any request.
The Privacy policy explains what the form collects and how we use it.
Do not submit patient information
Do not submit patient information or protected health information (PHI) through the site, including in the notes field of the quote request form. Please do not include it in emails to us either. The site is not designed to receive PHI. Allied is not a HIPAA covered entity for the purposes of this website.
If you submit patient information or PHI in breach of this section, we may delete it, and you are responsible for that submission.
Acceptable use
You may use the site only for lawful business purposes and in line with these terms. You must not:
- use the site in a way that breaks any law or regulation, or help anyone else do so;
- scrape, crawl, spider, or harvest content, prices, or data from the site by automated means, use site content to build a database, catalog, or price list, or use it to train machine learning or artificial intelligence models, except that general-purpose search engines may crawl and index public pages of the site to show them in search results;
- use bots, scripts, or other automated means to submit forms or quote requests;
- interfere with or disrupt the site or the networks and servers that run it, including through denial-of-service attacks, excessive requests, or malicious code;
- probe, scan, or test the site for vulnerabilities, or bypass any security measure, rate limit, or security challenge, without our written permission;
- try to access any part of the site, its database, or our systems that is not intended for you;
- submit false or misleading information, or impersonate any person or business;
- copy, frame, mirror, or republish site content, except as allowed in the "Intellectual property" section;
- reverse engineer the site's software, except where the law allows it despite this restriction; or
- use the site to send spam or other unsolicited messages.
If we believe you have broken these terms, we may block or suspend your access to the site, decline or cancel your quote requests, and report suspected unlawful activity to the authorities. If you find a security issue on the site, please report it to sales@alliedmedical.supplies.
Intellectual property
Our content
The site and its content, including text, catalog descriptions, page design, graphics, and software, are owned by Allied or its licensors. They are protected by United States copyright, trademark, and other laws. Except for the limited license below, we do not grant you any rights in the site or its content.
Limited license
You may view the site and print or download catalog pages for your internal business use in evaluating and buying products from Allied. You may not modify, sell, distribute, or publicly display site content, or use it for any other commercial purpose, without our written permission. You must keep any copyright or other notices on copies you make.
Our names and marks
Allied Medical Management, AMD, Allied Medical Devices, and our logos are trade names or trademarks of Allied. AMD (Allied Medical Devices) is Allied's own brand. You may not use them without our prior written permission, except to refer accurately to Allied or its products.
Third-party trademarks
Other product names, brand names, and logos on the site belong to their respective owners. A reference to a third-party product or brand does not mean that its owner sponsors, endorses, or is affiliated with Allied, unless we say so.
If you believe content on the site infringes your rights, email sales@alliedmedical.supplies with your contact details, a description of the content, and the rights you claim.
Your submissions and feedback
"Submissions" means anything you send us through the site or about the site, including quote requests, notes, and emails.
- You are responsible for your submissions. You confirm that they are accurate, that you have the right to send them, and that they do not include patient information, PHI, or anything that infringes anyone's rights.
- You give Allied a non-exclusive, royalty-free license to use, copy, and store your submissions to respond to you, open and manage trade accounts, process orders, comply with law, and protect the site.
- If you send us ideas or suggestions about the site or our products, we may use them without any obligation to you.
We handle personal information in submissions as described in the Privacy policy.
Privacy and cookies
Our Privacy policy explains how we collect, use, and protect information through the site. In short:
- Allied does not set cookies. We do not use analytics, advertising, social media pixels, fingerprinting, or other tracking tools on the site.
- Your quote list is kept in your browser's local storage, not in a cookie. It stays on your device unless you submit the quote request form.
- Cloudflare, which hosts and protects the site, processes request data such as IP addresses and may set strictly necessary security cookies. Allied does not use these for tracking.
- Allied does not sell personal information, does not share it for cross-context behavioral advertising, and does not use it for targeted advertising.
Links to third-party sites
The site may link to websites run by others, such as manufacturers or government agencies. We do not control those sites and are not responsible for their content, accuracy, availability, or privacy practices. A link does not mean we endorse the site or its owner. Your use of a third-party site is at your own risk and is subject to that site's terms.
Changes to the site and availability
We may change, suspend, or discontinue any part of the site at any time, including product listings, specifications, and published prices. We do not promise that the site will always be available. It may be unavailable for maintenance, because of network or hosting problems, or for other reasons outside our control. Our host may show a security check before loading a page.
Disclaimer of warranties
To the fullest extent permitted by law, the site and all content on it are provided "as is" and "as available," without warranties of any kind, whether express, implied, or statutory. Allied disclaims all implied warranties, including warranties of merchantability, fitness for a particular purpose, title, non-infringement, and accuracy.
Allied does not warrant that the site will be uninterrupted, secure, or error-free, that content on the site is accurate, complete, or current, or that the site is free of viruses or other harmful components.
This section applies to the website and its content. It does not change how we protect personal information, which the Privacy policy describes. Warranties for products, if any, are governed by the Terms and conditions of sale.
Limitation of liability
To the fullest extent permitted by law, Allied and its members, managers, employees, agents, and service providers will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, data, goodwill, or business opportunity, arising out of or relating to these terms or your use of, or inability to use, the site or its content. This applies under any legal theory, even if Allied was told that such damages were possible.
To the fullest extent permitted by law, Allied's total liability for all claims arising out of or relating to these terms or the site will not exceed [liability cap, e.g. US$100].
These limits apply to your use of the website. Liability relating to products, quotes, and orders is governed by the Terms and conditions of sale.
These limits do not apply to liability for fraud, gross negligence, or willful misconduct, or to any other liability that cannot be excluded or limited under applicable law.
Indemnity
You will defend, indemnify, and hold harmless Allied and its members, managers, employees, and agents from any claims, losses, damages, liabilities, costs, and expenses, including reasonable attorneys' fees, arising out of or relating to:
- your breach of these terms;
- your misuse of the site;
- any submission you make, including any patient information or PHI submitted in breach of these terms; or
- your violation of any law or of anyone else's rights.
We will give you notice of any claim covered by this section. We may choose to control the defense of the claim, and you will cooperate with us. You may not settle a claim covered by this section without our written consent.
Governing law and venue
These terms, and any dispute arising out of or relating to them or to the site, are governed by the laws of the State of New York, without regard to its conflict of laws rules.
Any such dispute must be brought only in the state or federal courts located in Kings County or New York County, New York. You and Allied consent to the personal jurisdiction of those courts and waive any objection to venue there.
However, Allied may seek temporary or preliminary injunctive relief in any court of competent jurisdiction to stop misuse of the site or infringement of its intellectual property.
Changes to these terms
We may update these terms from time to time. When we do, we will post the updated terms on this page and change the effective date at the top. Changes apply from the new effective date and do not apply to disputes that arose before that date. If you keep using the site after the new effective date, you accept the updated terms.
Electronic communications
When you use the site or email us, you agree that we may communicate with you electronically about your requests, your account, and your orders. To the extent permitted by law, electronic communications satisfy any legal requirement that a communication be in writing, unless the Terms and conditions of sale say otherwise.
We do not send marketing emails unless you ask to receive them. If you ask, each marketing email will include a way to opt out.
General terms
- These terms are the entire agreement between you and Allied about your use of the site. The Privacy policy explains how we handle personal information. Purchases are covered by the Terms and conditions of sale and any signed written agreement between you and Allied.
- If a court finds any part of these terms unenforceable, that part will be enforced to the fullest extent permitted, and the rest of these terms remain in effect.
- If we do not enforce a provision, we do not waive our right to enforce it later.
- You may not transfer your rights or obligations under these terms without our written consent. We may transfer ours to an affiliate or to a successor to our business.
- These terms do not give rights to anyone other than you and Allied, except the persons protected by the "Limitation of liability" and "Indemnity" sections.
- Sections that by their nature should continue after you stop using the site will continue, including those on intellectual property, submissions, disclaimers, limitation of liability, indemnity, and governing law.
- Headings are for convenience only. "Including" means "including without limitation."
Contact us
Send questions about these terms, the site, or our products to:
- Allied Medical Management LLC
- 38 Corbin Pl, Brooklyn, NY 11235, USA
- Email: sales@alliedmedical.supplies
- Phone: [phone]
For accessibility feedback, see our Accessibility statement or email us at the address above.