Disclaimer

Unless described as all items are "New" or "Used". Please expect all items to have some levels of wear or signs of use and come with our (30) day warranty when applicable.

All images/pictures are used for reference purposes as some items may vary due to condition or other factors listed. Actual product may vary due to product enhancements, upgrades, options, and accessories.

PLEASE EMAIL US WITH ANY QUESTIONS BEFORE PURCHASING!

In addition, please acknowledge the following disclaimer:

*IMPORTANT - PLEASE READ BEFORE PURCHASING!* All pictures of items being sold are used for reference purposes and are described as accurately as possible. If there is an error in a listing, we will try and resolve any issues to the best of our abilities that may arise before or after a sale. Complete units all come with a power cord and DO NOT come with any cables, sensors, manuals, accessories etc. unless otherwise noted in the description.

Purchaser agrees that seller is not liable for any injuries or damages of any kind associated in any way with this equipment. Purchaser agrees to indemnify and hold harmless seller and seller's officers, directors, employees, agents, and shareholders against any and all claims, liabilities, obligations, demands, cost and expenses of every kind and nature, including but not limited to attorney's fees and litigation expenses, from or related to the equipment and any use thereof.

*NOTE - FDA Regulation and Certification: "The sale of this item may be subject to regulation by the U.S. Food and Drug Administration and state and local regulatory agencies. If so, do not bid on this item unless you are an authorized purchaser. If the item is subject to FDA regulation, we will verify your status as an authorized purchaser of this item before shipping of the item."

 

Privacy Policy

This privacy statement is applicable to Revive Biomedical Inc. and all its affiliates.

The policy is to respect and protect the privacy of our users.

The Revive Biomedical Inc. (hereafter referred to as “Company” or “revivebiomedical.com”), does not collect personally identifiable information about individuals except when such individuals specifically provide such information on a voluntary basis. For example, such personally identifiable information may be gathered from a contest or sweepstakes registration, the registration process for subscription sites or services and in connection with content submissions, community postings (e.g., chat and message boards), suggestions, voting/polling activities and transactional areas.

Personally identifiable information on individual users will not be sold or otherwise transferred to unaffiliated third parties without the approval of the user at the time of collection. At such points of collection, the user will have the opportunity to indicate whether he or she would like to “opt out” of receiving promotional and/or marketing information about other products, services and offerings from the Company and/or any third parties.

While the Company does not anticipate a large number of children accessing our website, we are committed to protecting the privacy of children who use our sites and applications. Our Company has established practices compliant with the U.S. Children’s Online Privacy Protection Act (“COPPA”) regarding children’s personal information.

Revivebiomedical.com is sharing personally identifiable information with Google Analytics (acting as its site traffic gathering agent for this limited purpose) for the sole purpose of gathering statistical data on visitors to the site and the pages viewed by those visitors. If you wish to opt out, visit Google Analytics’ privacy center.

Further, notwithstanding any opt out of promotional information by the user, the Company reserves the right to contact a subscriber regarding account status, changes to the subscriber agreement and other matters relevant to the underlying service and/or the information collected.

The Company may disclose user information in special cases when we have reason to believe that disclosing this information is necessary to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) the Company’s rights or property, other Company users, or anyone else that could be harmed by such activities. The Company may disclose user information when we believe in good faith that the law requires it.

The Company reserve the right to perform statistical analyses of user behavior and characteristics in order to measure interest in and use of the various areas of the site and to inform advertisers of such information as well as the number of users that have been exposed to or clicked on their advertising banners. The Company will provide only aggregated data from these analyses to third parties. Also, users should be aware that the Company may sometimes permit third parties to offer subscription and/or registration-based services through the Company’s site. The Company are not responsible for any actions or policies of such third parties and users should check the applicable privacy policy of such party when providing personally identifiable information.

Additionally, users should be aware that when they voluntarily disclose personally identifiable information (e.g., user name, e-mail address) on the bulletin boards or in the chat areas of the Company’s sites, that information, along with any substantive information disclosed in the user’s communication, can be collected and correlated and used by third parties and may result in unsolicited messages from other posters or third parties. Such activities are beyond the control of the Company.

Users also should be aware that non-personal information and data may be automatically collected through the standard operation of the Company’s internet servers or through the use of “cookies.” Cookies are small text files a web site can use to recognize repeat users, facilitate the user’s ongoing access to and use of the site and allow a site to track usage behavior and compile aggregate data that will allow content improvements and targeted advertising. Cookies are not programs that come onto a user’s system and damage files. Generally, cookies work by assigning a unique number to the user that has no meaning outside the assigning site. Users should be aware that the Company cannot or does not control the use of cookies or the resulting information by advertisers or third parties hosting data for the Company. If a user does not want information collected through the use of cookies, there is a simple procedure in most browsers that allows the user to deny or accept the cookie feature; however, users should note that cookies may be necessary to provide the user with certain features (e.g., customized delivery of information) available on the Company’s site.

Upon request, the Company will allow any user to “opt out” of further promotional contacts at any time. Additionally upon request, the Company will use reasonable efforts to allow users to update/correct personal information previously submitted which the user states is erroneous to the extent such activities will not compromise privacy or security interests. Also, upon a user’s request, the Company will use commercially reasonable efforts to functionally delete the user and his or her personal information from its database; however, it may be impossible to delete a user’s entry without some residual information because of backups and records of deletions.

The foregoing policies are effective as of 10/13/2020. The Company reserves the right to change this policy at any time by notifying users of the existence of a new privacy statement. This statement and the policies outlined herein are not intended to and do not create any contractual or other legal rights in or on behalf of any party.

By using this site, you signify your assent to the Company’s Privacy Policy. If you do not agree to this policy, please do not use our sites. Your continued use of the Company’s sites following the posting of changes to these terms will mean you accept those changes.

As our Company is headquartered in the United States, we adhere most closely with applicable federal and state laws. We do, however, value our non-US users. The Company has implemented policies to adhere to the European Union’s General Data Protection Regulation (“GDPR”) which includes strict data protection principles that organizations must follow in order to protect the personal information they collect about their clients or people who visit their websites. While many rules and actions may be the same in the US and EU, there may be specific instances of policy differences. If you are concerned about how your personal information is being collected in connection with GDPR, please contact us.

 

Terms of Use

Revive Biomedical Inc. (“Revivebiomedical”) sells equipment and cables for medical devices. The terms below refer to the use of Revivebiomedical.com.

1. Introduction

Thank you for visiting Revive Biomedical. Please read these Terms and Conditions carefully, as by accessing our Site, you are agreeing to be bound by this document.

2. Definitions

Throughout this Agreement, we may use certain words or phrases, and it is important that you understand the meaning of them. The list is not all-encompassing and no definition should be considered binding to the point that it renders this Agreement nonsensical:

“Agreement” refers to these Terms of Service;

“Revivebiomedical” refers to our company, known as “Revive Biomedical Inc.”; our Site; our Products; or a combination of all or some of the preceding definitions, depending on the context in which the word is used;

“Offering” refers to the products that we provide online, including our Site;

“Site” refers to our website, revivebiomedical.com;

“User” refers to anyone who purchases our Products, including general visitors to our Site;

“You” refers to you, the person who is entering into this Agreement with Revive Biomedical Inc.

3. How Revivebiomedical Works

Revivebiomedical provides repair solutions, medical device sales and medical device parts sales.

4. Eligibility

In order to use our website or products, you must meet a number of conditions, including but not limited to:

You must not be in violation of any embargoes, export controls, or other laws of the United States or other countries having jurisdiction over this Agreement, Revivebiomedical, and yourself. For example, if the Office of Foreign Assets Control prohibits conducting financial transactions with nationals, residents, or banks of your country, you must not purchase our Products.

You must be the minimum age required to enter into a contract in the area in which you reside, and, in any event, must not be less than 18 years of age.

You must not enter into this Agreement on behalf of any natural person other than yourself.

You must, if entering into this Agreement on behalf of a person other than a natural person, be authorized to do so, and you hereby agree that both you and that person shall be bound by this Agreement and be held jointly and severally liable for any breaches hereof.

You must provide us with personal information, payment information, and other information that we deem necessary to provide you with our Products.

5. Additional Product Disclaimers

You agree that Revivebiomedical is not liable for any loss that you may incur as the result of the purchase of our Products.

By creating login access to your site and providing them to Revivebiomedical for viewing orders, you hereby agree not to hold Revivebiomedical and / or its employees/contractors as responsible in any way for any loss or damage of any kind resulting from sharing access credentials to your website.

6. Rules of Use

As a condition of purchasing our Products, you must not:

Violate the laws of the United States, its states, or any foreign political entity having jurisdiction over this Agreement, whether or not the foreign political entity is a country or a subdivision (such as a state or province) or municipality (such as a city, town, county, or region) of a foreign country.

Infringe on anyone’s intellectual property rights, defame anyone, impersonate anyone, or otherwise violate the rights of a third party.

Hack, crack, phish, SQL inject, or otherwise compromise the security or integrity of the Revivebiomedical Site, Products, or its Users’ computers.

Do anything else which could bring our Products into disrepute or violate the rights of any person.

7. Payment and Refund Policy

If you wish to purchase our Products, payment can be made by means of a credit card through our third party payment provider, Quickbooks. Unless otherwise stated, all prices are listed in United States dollars.

Users having problems or issues with our Products, should contact us within 14 days of purchase. Users experiencing such problems or issues within the 14 day period may be entitled to a full refund. After 14 days, no refunds will be given. As a condition to receiving a refund within 14 days, Users must contact us. Once a support ticket has been opened up, we will coordinate with the User and will attempt to remedy the situation, offer additional assistance, etc. If the problem is not fixed to the User’s satisfaction within the 14 day period a refund will then be granted. We stand behind our Products and will make all reasonable efforts to assist you in solving any problems you may.

Where fees are payable for any component of the Revivebiomedical Products, these fees are payable in advance and we may, in our sole discretion, suspend any aspect of the Revivebiomedical Products for which you have not paid. Without prejudice to any of Revivebiomedical’s rights contained elsewhere in this Agreement, you agree that we are entitled to discontinue the provision of our Products to you if you fail to pay for our Products and we may delete any data held by us in relation to the provision of your Products.

8. Discounts

Revivebiomedical may, but is not obligated to, provide discounts in the form of coupon codes or otherwise. Such discounts will be subject to any conditions placed upon them at the time that they are promoted (including expiry dates, limiting them to a specific class of persons, etc.). Discounts are non-transferable and Revivebiomedical may refuse to honor them for any reason including, but not limited to, fraud, mistake on the part of our publication of information, actual or expected financial hardship, sale of all or part of our business, or any other reason.

9. Chargebacks, Credit Card Cancellations, and Disputes

Where a User conducts a chargeback against Revivebiomedical, such User shall be liable to Revivebiomedical for the full amount of the chargeback, as well as any attorneys’ fees, collection agency fees, court costs, disbursements, and any other expenses incurred by Revivebiomedical in enforcing its rights against that User under this section.

Additionally, should a credit card be declined for any reason including but not limited to expiry or insufficient credit, Revivebiomedical may pursue a claim against you for the unpaid amount and shall be entitled to be paid by you for the same costs, disbursements and other expenses as described in the above paragraph relating to chargebacks.

10. Our Copyright

Revivebiomedical values its copyright as it distinguishes us from our competitors. Our copyright encompasses every original work that we have produced to the maximum extent permitted by law, including but not limited to our Site, and their underlying code. You agree not to copy, distribute, display, disseminate, or otherwise reproduce any of the information on the Site without receiving our prior written permission.

11. Trademarks

“Revivebiomedical” is a trademark used by us, to uniquely identify our Site, Products, and business. You agree not to use these phrases anywhere without our prior written consent. Additionally, you agree not

to use our trade dress, or copy the look and feel of our website or its design, without our prior written consent. You agree that this paragraph goes beyond the governing law on intellectual property law, and includes prohibitions on any competition that violates the provisions of this paragraph, including starting your own competing business.

12. Revocation of Consent

We may revoke our consent for your use of our intellectual property, or any other permission granted to you under this Agreement, at any time. You agree that if we so request, you must take immediate action to remove any usage of our intellectual property that you may have engaged in, even if it would cause a loss to you.

13. Representations & Warranties, Limitation of Liability

OUR PRODUCTS ARE OFFERED “AS IS” AND WITH “ALL FAULTS.’ WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE MERCHANTABILITY OF OUR PRODUCTS OR FITNESS FOR ANY PARTICULAR PURPOSE. WE SPECIFICALLY DISCLAIM ANY AND ALL IMPLIED WARRANTIES. YOU AGREE THAT YOU ARE RELEASING US FROM ANY LIABILITY THAT WE MAY OTHERWISE HAVE TO YOU IN RELATION TO OR ARISING FROM THIS AGREEMENT OR OUR PRODUCTS, FOR REASONS INCLUDING, BUT NOT LIMITED TO, FAILURE OF OUR PRODUCTS, NEGLIGENCE, OR ANY OTHER TORT. TO THE EXTENT THAT APPLICABLE LAW RESTRICTS THIS RELEASE OF LIABILITY, YOU AGREE THAT WE ARE ONLY LIABLE TO YOU FOR THE MINIMUM AMOUNT OF DAMAGES THAT THE LAW RESTRICTS OUR LIABILITY TO, IF SUCH A MINIMUM EXISTS.

YOU AGREE THAT WE ARE NOT RESPONSIBLE IN ANY WAY FOR DAMAGES CAUSED BY THIRD PARTIES WHO MAY USE OUR PRODUCTS, INCLUDING BUT NOT LIMITED TO PEOPLE WHO COMMIT INTELLECTUAL PROPERTY INFRINGEMENT, DEFAMATION, TORTIOUS INTERFERENCE WITH ECONOMIC RELATIONS, OR ANY OTHER ACTIONABLE CONDUCT TOWARDS YOU.

YOU AGREE THAT WE ARE NOT RESPONSIBLE FOR ANY ACTS OR OMISSIONS COMMITTED BY THE COUNTERPARTY OR COUNTERPARTIES TO ANY DOCUMENTS THAT YOU SIGN USING OUR PRODUCTS AND THAT YOU ARE ADVISED BY US TO OBTAIN QUALIFIED LEGAL COUNSEL TO DETERMINE WHETHER THE DOCUMENTS YOU ARE HAVING SIGNED WILL BE ENFORCEABLE IN THE COURT OR COURTS OF LAW IN WHICH YOU MAY WISH TO HAVE THEM ADMITTED AS EVIDENCE NOW OR AS SOME DATE IN THE FUTURE.

YOU AGREE THAT WE ARE NOT RESPONSIBLE FOR ANY FAILURE ON THE PART OF A PAYMENT PROCESSOR, INCLUDING STRIPE OR THE CREDIT CARD COMPANY OR BANK THAT YOU USE TO FUND STRIPE, TO DIRECT PAYMENTS TO THE CORRECT DESTINATION, OR ANY ACTIONS ON THEIR PART IN PLACING A HOLD ON YOUR FUNDS.

YOU AGREE THAT WE ARE NOT LIABLE FOR ANY FAILURE OF THE GOODS OR PRODUCTS OF OUR COMPANY OR A THIRD PARTY, INCLUDING ANY FAILURES OR DISRUPTIONS, UNTIMELY DELIVERY, SCHEDULED OR UNSCHEDULED, INTENTIONAL OR UNINTENTIONAL, ON OUR WEBSITE WHICH PREVENT ACCESS TO OUR WEBSITE TEMPORARILY OR PERMANENTLY.

THE PROVISION OF OUR PRODUCTS TO YOU IS CONTINGENT ON YOUR AGREEMENT WITH THIS AND ALL OTHER SECTIONS OF THIS AGREEMENT. NOTHING IN THE PROVISIONS OF THIS “REPRESENTATIONS & WARRANTIES” SECTION SHALL BE CONSTRUED TO LIMIT THE GENERALITY OF THE FIRST PARAGRAPH OF THIS SECTION.

For Jurisdictions that do not allow us to limit our liability: Notwithstanding any provision of these Terms, if your jurisdiction has provisions specific to waiver or liability that conflict with the above then our liability is limited to the smallest extent possible by law. Specifically, in those jurisdictions not allowed, we do not disclaim liability for: (a) death or personal injury caused by its negligence or that of any of its officers, employees or agents; or (b) fraudulent misrepresentation; or (c) any liability which it is not lawful to exclude either now or in the future.

IF YOU ARE A RESIDENT OF A JURISDICTION THAT REQUIRES A SPECIFIC STATEMENT REGARDING RELEASE THEN THE FOLLOWING APPLIES. FOR EXAMPLE, CALIFORNIA RESIDENTS MUST, AS A CONDITION OF THIS AGREEMENT, WAIVE THE APPLICABILITY OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” YOU HEREBY WAIVE THIS SECTION OF THE CALIFORNIA CIVIL CODE. YOU HEREBY WAIVE ANY SIMILAR PROVISION IN LAW, REGULATION, OR CODE THAT HAS THE SAME INTENT OR EFFECT AS THE AFOREMENTIONED RELEASE. YOU AGREE THE TOTAL LIABILITY WE MAY HAVE TO YOU IS LIMITED TO $100 USD.

14. Indemnity

You agree to indemnify and hold us harmless for any claims by you or any third party which may arise from or relate to this Agreement or the provision of our Products to you, including any damages caused by your use of our Products. You also agree that you have a duty to defend us against such claims and we may require you to pay for an attorney(s) of our choice in such cases. You agree that this indemnity extends to requiring you to pay for our reasonable attorneys’ fees, court costs, and disbursements. In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties making the claim, and you shall be liable for the damages as though we had proceeded with a trial.

15. Choice of Law

This Agreement shall be governed by the laws in force in the State of California, including federal, state, and municipal laws applicable in the State of California, to the exclusion of all other laws to the extent that the application of other laws may be excluded. The offer and acceptance of this Agreement, which is a valid and binding contract to which you are agreeing, are deemed to have occurred in the State of California.

16. Forum of Dispute

Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, shall be heard by one arbitrator, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. You agree that all arbitration disputes will be heard in the city of Los Angeles, CA.

If you bring a dispute in a manner other than in accordance with this section (such as initiating it with a court rather than through the arbitration process), you agree that we may move to have it dismissed, and that you will be responsible for our reasonable attorneys’ fees, court costs, and disbursements in doing so.

17. Force Majeure

You agree that we are not responsible to you for anything that we may otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labor shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, unavailability of payment processors, failure or shortage of infrastructure, shortage of materials, or any other event beyond our control.

18. Severability

In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it.

If two or more provisions of this Agreement are deemed to conflict with each other’s operation, Revivebiomedical shall have the sole right to elect which provision remains in force.

19. Non-Waiver

Revivebiomedical reserves all rights afforded to us under this Agreement as well as under the provisions of any applicable law. Our non-enforcement of any particular provision or provisions of this Agreement or any applicable law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.

20. Termination & Cancellation

We may terminate your access to our Site, and Products at our discretion without explanation, though we will strive to provide a timely explanation in most cases. Unless otherwise stated within this Agreement, no refunds will be extended to Users upon termination of the Site or Products by either party.

Under no circumstances, including termination or cancellation of our Products to you, will we be liable for any losses related to actions of other Users.

21. Assignment of Rights

You may not assign your rights and/or obligations under this Agreement to any other party without our prior written consent. We may assign our rights and/or obligations under this Agreement to any other party at our discretion.

22. Amendments

We may amend this Agreement from time to time. When we amend this Agreement, we will update this page accordingly and we will require you to accept the amended version before you may continue using our Products.

23. California Users and Residents

Pursuant to California Civil Code Section 1789.3, any questions about pricing, complaints, or inquiries about Revivebiomedical must be addressed to our agent for notice and sent via certified mail to that agent. For our agent’s most current contact information, please contact us.

Lastly, California users are also entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs

may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

24. HIPAA Disclaimer

HIPAA Compliance has everything to do with the security of the environment in which the data is stored and in this case whether or not the web server/host is HIPAA compliant. Therefore, users who collect “protected health information” as defined under the Health Insurance Portability and Accountability Act must understand that we cannot be responsible for any liability regarding your failure to comply with HIPAA. You agree to indemnify us and hold us harmless for your failure to comply with HIPAA