Terms of Use

1. Agreement and Terms

Welcome to the USA MedPremium Website Terms of Use ("Terms"). These Terms are a legal agreement between you ("you" or "your") and DGK Brother Investments LLC (DBA “USA MedPremium”) ("USA MedPremium," "we," "us," or "our") that govern your access to and use of the website located at www.usamedpremium.com, its related sites linked by USA MedPremium, its subsidiaries and affiliates, future websites that refer to these Terms, and any data, content, services, software, systems, or products available through the site (collectively referred to as the "Site"). The Site is owned by USA MedPremium and its licensors.

IMPORTANT: PLEASE READ THESE TERMS AND USA MEDPREMIUM’S (PRIVACY NOTICE) THOROUGHLY BEFORE ACCESSING OR UTILIZING THE SITE. By accessing or using the Site, you agree to these Terms and our Privacy Notice, incorporated here by reference. If you disagree with any part of these Terms or the Privacy Notice, you must not access or use the Site. By using the Site, you acknowledge and consent to our collection, storage, processing, and use of your information and personal data as described in our Privacy Notice. If you access or use the Site on behalf of a partnership, corporation, or other entity ("organization"), you accept these Terms on behalf of both yourself and such organization. You confirm you have the authority to bind the organization to these Terms. In these Terms, "you" and "your" will refer to both the individual user and any such organization.

2. Age Limitations

The Site is intended solely for users who are at least 16 years old. Access or use by anyone younger is strictly forbidden. By engaging with this Site, you confirm that you meet the age requirement and possess the legal capacity to adhere to and fulfill these Terms.

3. Access and Utilization Guidelines

The Site is accessible for your individual and non-commercial use, strictly for legitimate objectives. You commit to adhering to all relevant statutes, encompassing, but not confined to, those concerning privacy, intellectual property, anti-spam, export control, taxes, and regulatory mandates. Furthermore, you are prohibited from engaging in the following activities:

• Employing any automated tools such as "robots," "spiders," or "crawlers," as well as any form of data mining techniques, to access, replicate, retrieve, index, bypass, duplicate, or scrutinize any segment of the Site or to collect information without authorization.
• Examining, probing, or testing the Site's security or any associated network.
• Hindering, impeding, or diminishing another user’s interaction or pleasure of the Site.
• Publishing, transmitting, or making available materials through the Site that are: (a) threatening, harassing, degrading, or in any way infringing on the rights and dignity of others; (b) slanderous, libelous, deceitful, or otherwise harmful; (c) vulgar, indecent, pornographic, or otherwise objectionable; (d) encumbered by intellectual property rights without the direct consent of the rights holder.
• Disrupting or interfering with the Site’s operations or the servers/networks that enable the Site’s availability, including defacing the Site.
• Replicating, altering, translating, or deriving works from the Site, or commercializing any aspect of the Site without explicit permission from USA MedPremium.
• Distributing or making available any malicious software or code intended to compromise or hijack system operations or to illicitly monitor hardware, software, systems, data, or personal information.
• Reverse engineering, disassembling, or otherwise attempting to derive source code from the Site.
• Systematically downloading or storing Site information.
• Collecting information about the Site’s users without their consent.
• Eliminating or altering any copyright, trademark, or proprietary notices on the Site.
• Utilizing the Site for any fraudulent, illicit, or prohibited activities as outlined in these Terms.

By using the Site, you agree to these conditions, designed to ensure a secure, respectful, and legal online environment for all users.

4.Location-Based Usage Terms

USA MedPremium, headquartered in the state of Florida, USA, has tailored this Site primarily for users within the United States. We do not guarantee the suitability or availability of this Site's content for users in territories outside the United States. Offers related to any feature, product, or service on this Site are invalid where they are prohibited by law. Should you access this Site from outside the United States, you do so on your own accord and are responsible for adherence to the local laws of your jurisdiction.

5. Updates and Modifications

USA MedPremium's offerings are continuously evolving. We hold the exclusive right to alter, amend, insert, or delete parts of this Site and its Terms of Use whenever we choose. It falls upon you to review these Terms of Use regularly for any updates. The "Last Updated" date at the beginning of this document signifies the latest revision of these Terms of Use. Modifications become binding and are immediately enforceable once they are published on the Site. Your ongoing access or use of the Site after such updates signifies your consent and agreement to the changes.

6. License Intellectual Property Rights

USA MedPremium rigorously protects its intellectual property rights in accordance with the law. This Site and all of its contents, features, and functionality (including but not limited to all materials, information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) ("Content"), are owned by USA MedPremium or its licensors. They are safeguarded by both U.S. and international copyright, intellectual property laws, and treaty provisions. USA MedPremium and its licensors retain all rights to patents, copyrights, trademarks, service marks, trade secrets, and other intellectual property rights in this Site, its Content, and any alterations to the Site or Content. You are prohibited from reproducing, storing, transmitting, or retransmitting any part of this Site by any means, electronic, mechanical, photocopying, recording, or otherwise, without USA MedPremium's prior written consent. You are permitted to print and download segments of material from different sections of this Site exclusively for your personal, non-commercial, and internal reference, on condition that you include the copyright notice found at the end of these Terms of Use. If the Content includes software, you may not alter, reverse engineer, decompile, disassemble, create derivative works from the Content, or remove any proprietary notices or labels it contains. Within these limitations, you are allowed to make: (a) one machine-readable copy, (b) one backup copy, and (c) one print copy of any material downloaded from various parts of this Site for your personal, non-commercial use, provided that the copyright notice at the end of these Terms of Use is included. Any further reproduction, distribution, or publication is strictly forbidden without USA MedPremium's explicit prior written consent. If you print, copy, modify, download, or otherwise utilize or grant access to any part of this Site or the Content in violation of these Terms of Use, your right to use this Site ceases immediately and you must, as per our direction, return or destroy any copies of the materials you have made. No right, title, or interest in or to this Site or any Content is conveyed to you, and USA MedPremium reserves all rights not explicitly granted. USA MedPremium grants you a personal, non-transferable, non-exclusive, revocable, limited privilege to access the Content on the website solely for the purpose of gathering information about our products and services. The ownership and interest in the website, its Content, and all related intellectual property rights, including copyrights, trademarks, patents, and trade secrets, will always reside with USA MedPremium, our licensors, and vendors. No ownership rights are conferred upon you or any third party through the availability of the Content on the website, the provision of the licenses mentioned, or the execution of this Agreement. Should you decide to offer feedback, suggestions, or other forms of communication to us, all such inputs ("Feedback") will be deemed non-personal, non-confidential (apart from personal information as outlined in our Privacy Policies), and non-proprietary. By providing Feedback, you grant USA MedPremium a perpetual, sublicensable, assignable, unlimited, global, royalty-free, irreversible license to employ, replicate, display, perform, modify, develop derivative or collective works from, transmit, and distribute your Feedback, in entirety or in part, inclusive of all intellectual property rights contained therein. Some of the websites we operate may feature trademarks or logos owned by third-party licensors, utilized under a license agreement with these parties. We reserve the right to terminate this license at any moment and for any reason. If you violate any of the Terms herein, your permission to access the Content is immediately revoked. Upon termination, you must cease all use of this website and its Content and either return or eliminate all copies, including digital versions, of the Content that you possess or control.

7. Trademarks

The USA MedPremium name, its service and product designations, and all associated names, logos, motifs, and catchphrases are trademarks and/or service marks (collectively, "Trademarks") of USA MedPremium, its affiliates, its subsidiaries, and/or its licensors. The Trademarks, along with any other names, logos, and emblems featured on this Site, are the property of or are licensed to USA MedPremium and cannot be employed by you without obtaining express prior written consent from USA MedPremium.

8. Accounts and Registration

To access certain functionalities or services on this Site, you may be required to furnish specific details, complete registration, or establish an account. Ensuring that all information you supply is accurate, up-to-date, and comprehensive is a fundamental condition of your usage of this Site. You acknowledge that any information you provide, including registration or account details via any interactive features of this Site, is subject to our Privacy Notice. By using this Site, you agree to our handling of your information in line with our Privacy Notice. Should you be assigned or choose a username, password, or any other piece of information as part of our security framework for account registration or creation, you must keep such information confidential and not share it with others. You recognize that your account and registration are uniquely yours and agree not to grant access to this Site or its sections to anyone else using your security details. You are obliged to inform us promptly about any unauthorized use of your username, password, or any other security breach. Furthermore, you are expected to log out of your account at the end of each session, especially when using a public or shared computer, to prevent others from viewing or recording your password or personal data. The security of your account and all activities occurring under your account fall solely on you. In case of a lost or stolen username or password, or if you suspect unauthorized account access, you must notify USA MedPremium immediately. You may bear liability for losses USA MedPremium or other Site users or visitors incur due to someone else using your account as a result of your failure to maintain the security and confidentiality of your account information. We reserve the right to deactivate any username, password, or other identifier, chosen by you or provided by us, at any time and for any reason at our discretion, particularly if you breach any of these Terms of Use.

9. Information Access and Utilization

This website provides access exclusively for the purpose of viewing the linked web pages, intended solely for valid business activities, to utilize the information made available by USA MedPremium. Any effort to access other parts of the USA MedPremium computer system, or any information beyond what is provided for legitimate purposes on this website, is strictly forbidden. The information on this website may only be used in the context of genuine business needs.

10. External Links Disclaimer

During your visit to this website, you might find links that direct you to external websites, leading you away from this site. USA MedPremium includes these links as a convenience, offering potentially useful or interesting information. However, we neither endorse nor accept responsibility for the content, accuracy, or accessibility of websites operated by third parties, nor any interactions you may have with such entities. Your interactions with these third-party sites are solely your responsibility. We advise you to review the terms of use and privacy policies of any third-party websites you visit.

11. Comparative Product Information

When USA MedPremium provides product comparisons or cross-references, it does not guarantee the availability of all compared products, nor does it assert that products deemed functionally equivalent have identical performance or characteristics. For applications of a critical nature, it's advisable to thoroughly examine product specifications before making a purchase.

12. Security Measures

USA MedPremium prioritizes the protection of information transmitted through this website and commits to implementing security measures to safeguard all such data. Despite our efforts, we acknowledge that no electronic commerce can be guaranteed as completely secure. USA MedPremium is dedicated to securing and shielding all customer-specific information from loss, misuse, and alterations.

13. Copyright Infringement Policy

USA MedPremium adheres to the provisions of the Digital Millennium Copyright Act of 1998 (DMCA), which offers a mechanism for copyright owners to seek action if they believe their work has been infringed upon on the Internet in violation of U.S. copyright laws.
We address copyright infringement claims with the seriousness they deserve and will take appropriate actions in response to notices of alleged infringement that comply with the law. If you believe that materials on or accessible via this Site infringe upon your copyright, we encourage you to inform us by providing a written notification to our designated Copyright Agent. The notification (referred to as the "DMCA Notice") must contain essentially the following information, as outlined in Title 17 of the United States Code, Section 512(c)(3):

• Your physical or electronic signature, or that of the person authorized to act on your behalf.
• Identification of the copyrighted work claimed to have been infringed, or if multiple works on the Site are covered by a single notification, a representative list of such works.
• Hindering, impeding, or diminishing another user’s interaction or pleasure of the Site.
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
• Sufficient information to allow us to contact you, such as your name, address, telephone number, and, if available, an email address.
• A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
• 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.

14. Disclaimer

USA MedPremium provides this Site as a resource to share information about its brand, products, and services. It is important to understand that nothing on this website should be interpreted as offering medical, legal, investment, financial, or other forms of advice, nor should it be considered as providing instructions on the appropriate use of products manufactured, supplied, or being developed by USA MedPremium, its affiliates, related entities, licensors, or joint venture partners. Accessing and utilizing this Site, its services, or any content provided is solely at your own risk. The services are offered to you on an "AS IS" and "AS AVAILABLE" basis without any representations or warranties of uninterrupted or error-free service. USA MedPremium expressly disclaims all warranties, whether express or implied, including but not limited to, the implied warranties of merchantability, non-infringement, and fitness for a particular purpose, along with any warranty for the accuracy of the content. Should you be dissatisfied with the Site or any of its content, your exclusive remedy is to cease using the Site and its content. This limitation on remedies constitutes an integral part of the agreement between the parties. The content on this website is presented as is and may be altered without prior notification. While USA MedPremium has endeavored to ensure the website is useful and accurate, the inherent nature of digital content and the possibility of errors in data storage and transmission mean that the accuracy of information from this site cannot be guaranteed. ALL CONTENT AVAILABLE ON THIS SITE IS PROVIDED WITHOUT ANY GUARANTEE, EITHER EXPRESS OR IMPLIED. USA MedPremium explicitly disclaims all warranties, including but not limited to implied warranties of merchantability and suitability for a specific purpose. USA MedPremium does not guarantee that the website's functions will be continuous or without errors, that any faults will be rectified, or that the website and its servers are devoid of viruses or other damaging elements. Additionally, USA MedPremium makes no claims regarding the precision, reliability, or quality of the materials on this website.

15. Liability Restrictions

To the maximum extent that the law allows, USA MedPremium shall not bear responsibility for any damages tied to these Terms of Use, including but not limited to, lost profits or business prospects, damage to reputation (such as from offensive or defamatory comments), data loss (including downtime, misuse, or alteration of your information), or any form of indirect, incidental, consequential, special, or punitive damages. Should USA MedPremium, despite the stipulations of these Terms of Use, be deemed liable for any harm or loss connected to your interaction with this Site or its Content, our financial responsibility will be capped at the lower amount between (a) the aggregate fees you have paid or are payable to USA MedPremium for any services or products provided via this Site, if any, and (b) $500 USD.

16. Indemnification Agreement

You commit to indemnify, defend, and protect USA MedPremium, along with its affiliates and their respective leaders, managers, owners, past and future entities, workers, representatives, subsidiaries, licensors, vendors, and third-party content providers to this Site, from any losses, costs, damages, and expenses, including attorney fees, that arise against USA MedPremium due to your use of this Site or as a result of any third-party claims related to your interaction with this Site.

17. Termination of Use

You have the option to terminate your agreement with us at any time by deactivating your account and ceasing all use of this Site. USA MedPremium reserves the right, at its sole discretion and without any prior notification, to terminate your access to this Site and/or prevent your future use of this Site if it is determined that you have breached these Terms of Use or any other related agreements or guidelines pertaining to your use of this Site. In the event of such termination, USA MedPremium may, without any liability to you or any third party, immediately deactivate or delete your account and all related information and files in your account, and/or bar any further access to such files or this Site, without any obligation to provide further access to such materials.

18. Breach of Terms

USA MedPremium retains the authority to reveal any information we possess about you if necessary for any investigation or complaint concerning your use of this Site, or to identify, contact, or initiate legal proceedings against someone who might be harming or obstructing the functionality of this Site. Should USA MedPremium pursue legal action against you due to a breach of these Terms of Use, you will be obligated to cover all reasonable legal fees and costs incurred by USA MedPremium, in addition to any other compensation awarded to USA MedPremium.

19. Jurisdiction and Applicable Law

By using this Site, you consent that the laws of the State of Florida, disregarding any principles of conflicts of law, shall oversee these Terms of Use and any dispute that might arise between you and USA MedPremium. You commit to adhering to these laws and agree to the jurisdiction of both state and federal courts located in Florida for resolving any disputes or matters relating to these Terms of Use. Furthermore, you renounce any objection to the jurisdiction or location of such courts.

20. Conflict Resolution Approach

Should a conflict or disagreement arise between you and USA MedPremium, related to your interaction with this website (irrespective of whether it's grounded in contract, tort, law, deceit, misrepresentation, or any alternate legal basis, and regardless of when the claims occur, during or post the tenure of these Terms of Use), both parties are committed to engaging promptly, amicably, and sincerely in seeking a resolution. If a resolution remains elusive within a set timeframe (not to surpass thirty (30) days), either side may propose mediation. Should mediation fail to rectify the dispute, then any claims tied to your usage of this Site must be presented and resolved through binding arbitration.

21. Claim Submission Period

By agreeing to these Terms of Use, you acknowledge that, notwithstanding any different statutes or laws, any claim related to these Terms must be filed within one (1) year from the date when the claiming party first becomes aware, or reasonably should have become aware, of the actions, negligence, or failure that prompted the claim. There will be no entitlement to remedies for claims not brought within this specified timeframe. It's important to note that claims arising under distinct terms and conditions of purchase for goods and services are exempt from this time restriction.

22. Jury Trial Waiver

By using this website, you voluntarily and consciously forego any right to a jury trial in any legal actions, suits, or proceedings that stem from or are connected to your engagement with this Site, these Terms of Use, and the issues they encompass.

23. General Provisions

Should any part of these Terms of Use be found invalid or not enforceable, that specific part shall be adjusted or removed to the minimal extent necessary, allowing the rest of the Terms to continue with full effect. USA MedPremium not exercising a particular right or enforcing a term under these Terms of Use does not constitute a relinquishment of such right or term. Except as specified herein or as explicitly agreed in writing between you and USA MedPremium, these Terms of Use embody the complete agreement between you and USA MedPremium regarding the Site and replace any prior understandings or agreements, be they oral or written, regarding the Site's subject matter. Any feedback, comments, or suggestions you may offer about the Site, or our products and services are provided on a voluntary and non-confidential basis. USA MedPremium is at liberty to use such feedback without any obligation to you. Provisions designed to survive the termination of these Terms of Use (including, but not limited to, limitations on liability and indemnification obligations) will remain in force even after your access to the Site might be terminated.

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