Terms of Use

Welcome to www.emdex.net (Medical Device Exchange). These are the terms and conditions governing your use of this Site subject to these Terms of Use (these "TAC"). By accessing Medical Device Exchange you acknowledge, accept TAC of the Medical Device Exchange. For the purpose of the Terms and wherever the context so require, the terms 'you' or 'your' shall mean any person who uses the Websites or the Services in any manner whatsoever including persons browsing the Websites and its content, posting comments or any content or responding to any advertisements or content on the Websites. You understand and agree that you are solely responsible for reviewing these Terms from time to time. These Terms may be updated by Calimex at any time at its sole discretion. For use of our Site and other services, you confirm and declare that you shall not list or post or provide information on the Medical Device Exchange site, in relation to the sale or purchase or exchange of goods and services, content or information that are illegal under the laws. You understand and agree that to the extent you are located in the United States, you will utilize the Service in compliance with any laws, regulations, and guidelines that may be under the jurisdiction of the Office of Foreign Asset Control, U.S. Department of Treasury.

Ad posting Rules

You may not post or sell any item that is restricted or prohibited by a federal, state or local law in any country or jurisdiction. Please be aware that the Medical Device Exchange functions as a global marketplace, thus the selling or posting of items may be prohibited because of laws outside of the jurisdiction where you reside. Below, we have listed some categories of prohibited or restricted items. However, this list is not exhaustive; you, as the seller, are responsible for ensuring that you are not posting an item that is prohibited by law in any jurisdiction. Medical Device Exchange has chosen to also prohibit the posting of other categories of items which may not be restricted or prohibited by law but are nonetheless controversial including:
(a) Items that encourage illegal activities;
(b) Items that are racially, religiously or ethnically derogatory, or that promote hatred, violence, racial or religious intolerance;
(c) Giveaways, lotteries, raffles, or contests;
(d) Stocks, bonds, investment interests, and other securities;
(e) Pornographic materials or items that are sexual in nature;
(f) Items that do not offer a product or service for sale, such as advertisements solely for the purpose of collecting user information.

Medical Device Exchange is strictly for posting Ads related to Health Industry. Posting other items or services in Medical Device Exchange may lead to Prohibiting the TAC. A violation may result in significant penalties, such as heavy fines or more. Medical Device Exchange and its affiliated sites are not responsible if you break the TAC and serious action will be taken.

You agree to indemnify Medical Device Exchange and Calimex Corporation, its officers, directors or employees from any lawsuits arising from the sale or use of a product you have posted to be sold on the site.

Description of Service and Content Policy

We act as a venue to allow our users who obey with these Terms to offer, sell, and buy products and services listed on the Website. Medical Device Exchange is in any way involved in any transactions. As a result, and as discussed in more detail in these Terms, you hereby acknowledge and agree that Medical Device Exchange is not a party to such transactions, has no control over any element of such transactions, and shall have no liability to any party in connection with such transactions. You use the Service and the Website at your own risk.

You understand that Medical Device Exchange does not control, and is not responsible for ads, directory information, business listings/information, messages between users, including without limitation e-mails sent from outside Medical Device Exchange domain or other means of electronic communication, whether through the Website or another Third Party, comments, user postings, files, images, photos , business listings/information and directory information or any other material made available through the Website and the Service ("Content/Ad"), and that by using the Website and the Service, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. You acknowledge and agree that you are responsible for and must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will Medical Device Exchange be liable in any way for the Content or for any loss or damage of any kind incurred as a result of the browsing, using or reading any Content listed, e-mailed or otherwise made available via the Service. You acknowledge and agree that in accordance with law, Medical Device Exchange cannot and does not pre-screen or approve any Content, but that Medical Device Exchange has the right, in its sole and absolute discretion, to refuse, delete or move any Content. Medical Device Exchange is not responsible for the date expire of products or damage of the products.

You acknowledge and agree that you are solely responsible for your own Content posted on, transmitted through, or linked from the Service and the consequences of posting, transmitting, linking or publishing it. More specifically, you are solely responsible for all Content that you upload. In connection with such Content posted on, transmitted through, or linked from the Service by you, you affirm, acknowledge, represent, and warrant it. You own or have the necessary licenses, rights, consents, and permissions to use such items on the Service and Website (including without limitation all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all such Content) and authorize Medical Device Exchange to use such Service to enable inclusion and use of the Content in the manner contemplated by the Service, the Website and these Terms. For clarity, you retain all of your ownership rights in your Ad; however, by submitting to Medical Device Exchange, you hereby grant to Medical Device Exchange an irrevocable, non-cancellable, perpetual, worldwide, non-exclusive, royalty-free, sub-licensable, transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content in connection with the Website.. These rights are required by Medical Device Exchange in order to host and display your Ad. Furthermore, by you posting Content to any public area of the Service, you agree to and do hereby grant to Medical Device Exchange all rights necessary to prohibit or allow any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Ad on the Service or Website by any party for any purpose. You also hereby grant each user of the Website a non-exclusive license to access you’re Ad through the Website. The foregoing license to each user granted by you terminates once you remove or delete such Content from the Website. Medical Device Exchange does not endorse any Ad or any opinion, statement, recommendation, or advice expressed therein, and to enable inclusion expressly disclaims any and all liability in connection with user Content. Medical Device Exchange does not permit copyright overstepping activities and violation of intellectual property rights on the Website, and Medical Device Exchange may, at its sole discretion, remove any invading Content if properly notified that such Content invades on another's intellectual property rights. Medical Device Exchange reserves the right to remove any Content /Ad without prior notice. Medical Device Exchange may also terminate a user's access to the Website, if they are determined to be a repeated.

Disclosure

All information contained by Medical Device Exchange is treated as strictly confidential and Medical Device Exchange does not and will not disclose or share such confidential information to / with any external organization. The users’ privacy is very important to us. We do not and shall not at any point in time, either sell or rent users’ personal information to third parties without users’ explicit consent. We may be required from time to time to disclose users’ personal information to Governmental or law enforcing agencies or our regulators, but we will only do so under proper authority. Medical Device Exchange also reserves the right to make use of the personal information in any investigation or judicial process relating to fraud on account of such transactions during the period Medical Device Exchange retains such information. We may also disclose personal information to enforce our policies, respond to claims that a posting or other content violates other’s rights, or protects anyone’s rights, property or safety. We may also share personal information with Corporate affiliates who help detect or prevent potentially illegal acts and provide joint services (Our corporate affiliates will market only to users who ask them to).Service providers who help with our business operations.

Confidentiality of Information

Users who use any of the features on Medical Device Exchange agree and accept that they have been fully informed by Medical Device Exchange that the use of features may lead to publication, to all users of Medical Device Exchange, of any personal information posted by them while using any specific feature on Medical Device Exchange. Users further agree that the authenticity of, and consequences from the posting by users of any personal information of themselves or any other person, are the sole responsibility of the user. Users further agree and accept that the terms of the Privacy Policy will be applicable to the use of all features, existing and new. However, the Users agree and accept that confidentiality of information posted on such features has been waived by the Users of such features themselves.

We use a number of mechanisms (encryption, passwords, and physical security) to protect the security and integrity of your personal information against unauthorized access and disclosure. Unfortunately, no data transmission over the internet can be guaranteed to be completely secure. So while we strive to protect such information, we cannot ensure or warrant the security of any information you transmit to us and you do so at your own risk. Once any personal information comes into our possession, we will take reasonable steps to protect that information from misuse and loss and from unauthorized access, modification or disclosure.

Disclaimer of Warranties

You expressly acknowledge and agree that use of the website and the service is entirely at your own risk and that the website and the service are provided on an "as is" or "as available" basis, without any warranties of any kind. All express and implied warranties, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights are expressly disclaimed to the fullest extent permitted by law. To the fullest extent permitted by law Medical Device Exchange, its officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with the website and your use thereof. Medical Device Exchange makes no warranties or representations about the accuracy or completeness of the website's content or the content of any third party websites linked to the website and assumes no liability or responsibility for any:
(i) errors, mistakes, or inaccuracies of content
(ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the website and service
(iii) any unauthorized access to or use of our servers and/or any and all personal information and/or financial information stored therein
(iv) any interruption or cessation of transmission to or from the website, (iv) any bugs, viruses, Trojan horses, or the like which may be transmitted to or through the website by any third party, and/or
(v) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, communicated, transmitted, or otherwise made available via the website or the service. Medical Device Exchange does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the website or any hyperlinked website or featured in any banner or other advertising, and Medical Device Exchange will not be a party to or in any way be responsible for monitoring any transaction between you and/or other users and/or third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.

Jurisdiction and Arbitration

Any dispute arising out of or in connection with the use of the Medical Device Exchange or against Calimex Corporation, its officers or directors shall be finally settled under the laws of the State of California, United States of America by an Arbitrator. The arbitrator shall be appointed by the State Superior Court or a Federal District Judge within the 9th Circuit.