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Term Of Service 2007-08-23

Terms of Service (TOS)

This Terms of Service Agreement ("TOS") describes the terms and conditions applicable to your use of our services at medikatalis.com. If you have any questions please email contactus@medikatalis.com.

1.medikatalis.com provides a variety of services (the "Services") to businesses buying and selling medical equipments and individual buyers and sellers of medical equipment. Any new features added to this site to augment the Services shall also be subject to this TOS, as modified from time to time. The most current version of the TOS can be obtained at www.medikatalis.com/tos/.

2. Information Accuracy. medikatalis.com requires users to register before entering into a transaction or making an offer. Nonetheless, because there are limits to medikatalis.com's ability to verify information provided, medikatalis.com can not guarantee its accuracy, nor can medikatalis.comwarrant that users of medikatalis.comare who they represent themselves to be. Users of this service should take the same precautions in selling and buying as they would with other purchases.

3. User Responsibilities. If you are a user of our Services, in partial consideration of your use of the Services, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the medikatalis.com registration forms (b) maintain and promptly update information regarding the location and contact information for your business.

If you provide any information that is untrue, inaccurate, not current or incomplete, or medikatalis.com has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, medikatalis.com has the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof). In the event medikatalis.comsuspends an account for violations of this TOS or the violation or suspected violation of any state or federal law, no refund of any fees collected or other remedies will be given.

4. Arrange to Buy Transactions. You agree that the buyer and seller must contact medikatalis.com within 48 hours of notification of an Arrange To Buy request to make final closing arrangements.

5. Security. You will enter your email address and create a password when completing the medikatalis.com registration process. This email address and password will be unique to you and will be your electronic signature on medikatalis.com. You must respond according to instructions in an email sent to that email address for the registration process to be fully completed.

You are responsible for maintaining the confidentiality of your password and account, and are fully responsible for all activities that occur under your password or account. You agree to: (a) immediately notify security@medikatalis.com of any unauthorized use of your password or account or any other breach of security (b) ensure that you log out from your account at the end of each session.

medikatalis.com cannot and will not be liable for any loss or damage arising from your failure to comply with this Section and TOS Agreement.

6. Fees. medikatalis.com charges fees for some of its services. These fees include either annual fees for Sell-It! Showcases (electronic online stores containing multiple product listings), MEDdirectory classified listings, and others, or monthly recurring fees for individual product listings, for Sell-It! Showcases, MEDdirectory classified listings, and others.

One Individual Listing fee covers only one product, however, a quantity of more than one may be offered for each product. Placing multiple types of products in one listing for one Individual Listing is considered fraudulent activity by medikatalis.com and will be subject to the terms in the Fraud Section.

We may change our fees for our services from time to time without notice. We will notify you if fees are changed for services you are purchasing from medikatalis.com by electronic mail. However, we may choose to temporarily change our Fees for our services for promotional events (for example, free listing days) and such changes are effective when we post the temporary promotional event on the medikatalis.com web site.

We may in our sole discretion change some or all of our services at any time. In the event we introduce a new service, the Fees for that service are effective at the launch of the service. Unless otherwise stated, all Fees are quoted in U.S. Dollars. You are responsible for paying all Fees associated with using our service and our Web site and all applicable taxes, if any.

7. Annual Fees. For services purchased from medikatalis.com with an initial annual payment arrangement, annual renewal fees for the next year will be automatically charged to you or debited from your bank account as an electronic check at the end of the first year and subsequent years.

Annual fees and annual renewal fees are not refundable. At least five (5) days before the end of each one year period, you must cancel your Sell-It! Showcase or MEDdirectory services on the medikatalis.com Web site to avoid automatic renewal of these services.

8. Monthly Fees. For Sell-It! Showcase or MEDdirectory services purchased from medikatalis.com with monthly recurring fees, monthly renewal fees will be charged to you.

For Individual Listings purchased from medikatalis.com with monthly recurring fees, monthly renewal fees will be charged to you each month until you cancel your listing or your product sells.

Monthly fees and monthly renewal fees are not refundable. At least five (5) days before the end of a monthly period, you must cancel your Sell-It! Showcase or MEDdirectory services on the medikatalis.comWeb site to avoid automatic renewal of these services.

9. Billing. medikatalis.com may, in its discretion and with its prior approval, provide invoicing to large organizations for payment of initial annual or monthly fees and for payment of renewal annual or monthly fees.

Invoices will be generated and sent by electronic mail fifteen (15) days before the Fee due date. Payment must be received by medikatalis.com by wire transfer no later than the due date.

Annual or monthly fees and annual or monthly renewal fees are not refundable. At least twenty (20) days before the end of an annual or monthly period, you must notify medikatalis.com of your intention to not continue with your Sell-It! Showcase or MEDdirectory services to avoid automatic re-invoicing and renewal of these services.

If invoiced payments made by credit card or electronic check are declined by your credit card processor or your bank, and we are unable to obtain corrected information from you within five (5) business days, all medikatalis.com services, including product listings within a Sell-It! Showcase, will be removed from the Web site without further notice.

If invoiced payments made by wire transfer are not received within five (5) days of the due date , and we are unable to obtain corrected information from you within five (5) business days, all medikatalis.com services, including product listings within a Sell-It! Showcase, will be removed from the Web site without further notice.

10. Limits on Use. You may not decompile, reverse engineer, disassemble, rent, lease, loan, sublicense, create derivative works from medikatalis.com, which includes the information and software made available therein. You may not copy, modify, reproduce, republish, distribute, transmit or use for commercial or public purposes information provider by medikatalis.com except to the extent required in order for you to use medikatalis.com in the manner expressly intended by medikatalis.com.

11. Intellectual Property. Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs, video clips, and written and other materials that are part of the medikatalis.comweb site are copyrights, trademarks, trade dress and/or other intellectual properties owned, controlled or licensed by medikatalis.com. Information, images, pictures and descriptions posted by users ("User Information") may or may not be subject to copyright or other rights of third parties.

You hereby grant medikatalis.com a nonexclusive, fully paid up, royalty free, irrevocable right to utilize your User Information solely for the purposes intended herein.

Users are fully and solely responsible for the materials they post, and medikatalis.com is not responsible for their content. Please ensure that any materials posted to medikatalis.com comply with all applicable laws. medikatalis.com reserves the right to remove without notice any materials it has reason to believe or suspect may violate copyright or other laws.

No material from this Web site may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except as otherwise explicitly permitted herein. Modification of the materials or use of the materials for any other purpose is a violation of medikatalis.com's copyright and other proprietary rights. For purposes of these terms, the use of any such material on any other Web site or networked computer environment is prohibited, except as otherwise permitted herein.

All trademarks, service marks, and trade names are proprietary to medikatalis.com. You may not copy or adapt the HTML code or other scripts that medikatalis.com creates to generate its pages. They are also protected by medikatalis.com's copyright.

12. Outside Links. There is not necessarily a relationship between medikatalis.com and the owners of any Web sites accessible through hyperlinks in medikatalis.com and those owners and their licensees retain all right, title, interest in (including all copyrights and other intellectual property rights) and responsibility for such third party websites and the materials available therein.

13. Privacy. medikatalis.com does not sell, lease, lend or give away information about its customers to third parties, however, it reserves the right to do so in the future. In the event medikatalis.com elects to transfer customer information to a third party in the future, medikatalis.com will first inform you of its intention by email and give you an opportunity to opt-out of any such use. Notwithstanding the above, medikatalis.com reserves the right to reveal information regarding customers in response to inquires from law enforcement personnel or other legal enquiry without notice to you upon receipt of a proper request, such as a warrant or subpoena.

14. Links to medikatalis.com. You may provide hyperlinks to medikatalis.com from locations outside medikatalis.com provided: (a) you do not remove or obscure, by framing or otherwise, advertisements, the copyright notice or other notices in medikatalis.com (b) you give medikatalis.com notice of such link by sending an e-mail message via our Contact Us form (c) you discontinue providing hyperlinks to medikatalis.com if notified by medikatalis.com.

15. Third Party Advertising. We may use third-party advertising companies to serve ads when you visit our Web site. These companies may use information (not including your name, address, email address or telephone number) about your visits to this and other Web sites in order to provide advertisements on this site and other sites about goods and services that may be of interest to you.

16. Third Party Cookies. In the course of serving advertisements to this site, our third-party advertiser may place or recognize a unique cookie associated with your browser.

17. Fraud. Without limiting any other remedies, medikatalis.com may suspend or terminate your account if you are found (by conviction, settlement or otherwise) to have engaged in fraudulent activity in connection with our site. Fraud includes but is not limited to listing multiple items in a single Individual Listing.

18. User Representations, Warranties and Indemnity. You warrant and represent that the information you provide about yourself and the goods you offer on medikatalis.com is true, accurate, current, complete and complies with all applicable state and federal laws. You agree to indemnify and hold harmless medikatalis.com for any claim including damages, costs and reasonable attorneys' fees incurred by medikatalis.com arising from a breach of the foregoing warranties and representations or any breach of this TOS.

19. Disclaimer of Warranties. medikatalis.com endeavors to provide excellent and accurate services. Nonetheless, you expressly understand and agree that: (a) YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. MEDIKATALIS.COM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT (b) MEDIKATALIS.COM MAKES NO WARRANTY THAT: (i) THE SERVICES WILL MEET YOUR REQUIREMENTS (ii) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SERVICES WILL BE CORRECTED (c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. (d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MEDIKATALIS.COM OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS TOS (e) MEDIKATALIS.COM MAKES NO REPRESENTATION OR WARRANTY AS TO THE IDENTITY, RELAIBILITY OR TRUSTWORTHINESS OF ANY PERSON USING THIS SITE. (f) MEDIKATALIS.COM MAKES NO WARRANTY THAT ANY GOOD PURCHASED USING THE SERVICES SHALL BE FIT FOR ANY PARTICULAR PURPOSE OR MERCHANTABLE, OR ANY OTHER WARRANTY REGARDING THE GOODS, EXPRESS OR IMPLIED. This disclaimer does not effect any representations and warranties that may be made by sellers or buyers as part of a sales transaction, BUT IN NO EVENT SHALL SUCH REPRESENTATIONS AND WARRANTIES BE ENFORCABLE AGAINST MEDIKATALIS.COM.

20. Limitation of Liability. YOU EXPRESSLY UNDERSTAND AND AGREE THAT MEDIKATALIS.COM SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, INJURY, DEATH, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF MEDIKATALIS.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE SERVICES OR ANY GOOD PURCHASED USING THE SERVICES (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA (d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES (e) ANY OTHER MATTER RELATING TO THE SERVICES. NOTWITHSTANDING THE ABOVE, THE MEDIKATALIS'S TOTAL LIABILITY FOR ANY DAMAGES SHALL BE LIMITED TO THE GREATER OF THE TOTAL FEES PAID BY THE CUSTOMER TO MEDIKATALIS.COM FOR SERVICES OVER THE PRECEEDING SIX (6) MONTHS, OR ONE HUNDRED DOLLARS ($100.00).

21. Exclusions and Limitations. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

22. Venue and Choice of Law. These terms shall be governed by and construed in accordance with the laws of Indonesia Government. You agree that any action at law or in equity arising out of or relating to these terms shall be filed and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between us relating to the subject matter herein and shall not be modified except in writing, signed by both parties.

23. Arbitration. You agree that any dispute arising from this TOS or from the use of the Services shall be submitted for binding arbitration before JAMS or a similar organization, to take place in Bandung West
Java Indonesia, applying the laws of the Indonesian's Gorvernment.

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