HealthQuest, Inc. Terms of Use
These Terms of Use, together with HealthQuest, Inc.’s Privacy Policy set forth the terms and conditions (“Terms”) that apply to your access and use of the HealthQuest, Inc. website, located at https://healthquesthme.com (together, the “Site”). “HealthQuest, Inc.” includes HealthQuest, Inc. and its officers, directors, employees, consultants, affiliates, subsidiaries, and agents. HealthQuest, Inc.’s services may include, but are not limited to selling or renting medical supplies, and durable medical equipment (the “Services”).
By using or accessing the Site you agree to these Terms, as updated from time to time in accordance with Section 9 below. These Terms state that any disputes between you and HealthQuest, Inc. must be resolved in arbitration or small claims court.
1. Account Security. To use the Site, you must (i) be at least eighteen (18) years of age; (ii) have not previously been suspended or removed from the Services; and (iii) register for and use the Site in compliance with any and all applicable laws and regulations.
2. Account Registration. To access some features of the Site, you may be required to register for an account. When you register for an account, we may ask you to give us certain identifying information about yourself, including but not limited to your email address and other contact information, and to create a user name and password (“Registration Information”). When registering for and maintaining an account, you agree to provide true, accurate, current, and complete information about yourself. You also agree not to impersonate anyone, misrepresent any affiliation with anyone else, use false information, or otherwise conceal your identity from HealthQuest, Inc. for any purpose. You are solely responsible for maintaining the confidentiality and security of your password and other Registration Information. For your protection and the protection of other users, we ask you not to share your Registration Information with anyone else. If you do share this information with anyone, we will consider their activities to have been authorized by you. If you have reason to believe that your account is no longer secure, you must immediately notify us at info@healthquesthme.com.
3. Specific Requirements for Certain Services. Your use of the Services constitutes your acknowledgment and acceptance of the following specific requirements and terms of use for certain of the HealthQuest, Inc. services. For example, if you leave a review, you may be subject to LocationRater’s Terms of Service or if you choose to finance your purchase through CareCredit you may be subject to CareCredit’s Terms of Service.
4. Prohibited Conduct. You agree not to:
A. Use the Site for any illegal purpose, or in violation of any local, state, national, or international law;
B. Violate or encourage others to violate the rights of third parties, including intellectual property rights;
C. Post, upload, or distribute any content that is unlawful, defamatory, libelous, inaccurate, or that a reasonable person could deem to be objectionable, profane, indecent, pornographic, harassing, threatening, hateful, or otherwise inappropriate;
D. Interfere in any way with security-related features of the Site;
E. Interfere with the operation or any user’s enjoyment of the Site, including by uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code, making unsolicited offers or advertisements to other users, or attempting to collect personal information about users or third parties without their consent;
F. Access, monitor or copy any content or information of the Site using any robot, spider, scraper, or other automated means or any manual process for any purpose without HealthQuest, Inc.’s express written permission;
G. Perform any fraudulent activity, including impersonating any person or entity, claiming false affiliations, accessing the accounts of other users without permission, or falsifying your identity or any information about you, including age or date of birth; or
H. Sell or otherwise transfer the access granted herein.
5. Third Party Content. The Site may contain links to third party websites and services. HealthQuest, Inc. provides such links as a convenience, and does not control or endorse these websites and services. You acknowledge and agree that HealthQuest, Inc. has not reviewed the content, advertising, products, services, or other materials that appear on such third party websites or services, and is not responsible for the legality, accuracy, or appropriateness of any such content. HealthQuest, Inc. shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of any such third party websites or services.
6. Intellectual Property. You acknowledge and agree that you relinquish all ownership rights in any ideas or suggestions that you submit to HealthQuest, Inc. through this Site. This Site is protected by applicable copyright and other intellectual property laws, and no materials from the Site may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way without our express permission. All trademarks and service marks on the Site belong to HealthQuest, Inc. except third-party trademarks or service marks, which are the property of their respective owners.
7. Indemnification. You agree that you will be personally responsible for your use of the Site, and you agree to defend, indemnify, and hold harmless HealthQuest, Inc. from and against any and all claims, liabilities, damages, losses, and expenses (including attorneys’ and accounting fees and costs), arising out of or in any way connected with (i) your access to, use of, or alleged use of the Site; (ii) your violation of the Terms or any applicable law or regulation; (iii) your violation of any third party right, including without limitation any intellectual property right, publicity, confidentiality, property, or privacy right; or (iv) any disputes or issues between you and any third party. HealthQuest, Inc. reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim.
8. Termination. If you violate these Terms, your permission to use the Site will automatically terminate. In addition, HealthQuest, Inc., in its sole discretion, may suspend or terminate your user account and/or suspend or terminate some or all of your access to the Services at any time, with or without notice to you. You may terminate your account at any time by contacting HealthQuest, Inc. at info@healthquesthme.com. After your account is terminated, information and content previously provided by you will no longer be accessible through your account, but HealthQuest, Inc. may continue to store such information and content, and it may also be stored by third parties to whom it has been transferred through your use of the Site.
9. Modification of the Terms. HealthQuest, Inc. reserves the right at any time to modify these Terms and to impose new or additional terms or conditions on your use of the Site. Such modifications and additional terms and conditions will be effective immediately upon notice and incorporated into these Terms. We will make reasonable efforts to notify you of any material changes to the Terms, including, but not limited to, by posting a notice to our website or by sending an email to any address you may have provided to us. Your continued use of the Services following notice will be deemed acceptance of any modifications to the Terms.
10. Disclaimers of Warranties. The Site provided “as is” and on an “as available” basis, without warranty or condition of any kind, either express or implied. Although HealthQuest, Inc. seeks to maintain safe, secure, accurate, and well-functioning services, we cannot guarantee the continuous operation of or access to our Site, and there may at times be inadvertent technical or factual errors or inaccuracies. HealthQuest, Inc. specifically (but without limitation) disclaims (i) any implied warranties of merchantability, fitness for a particular purpose, quiet enjoyment, or non-infringement; and (ii) any warranties arising out of course-of-dealing, usage, or trade. You assume all risk for any/all damages that may result from your use of or access to the Site. HealthQuest, Inc. does not guarantee the accuracy of, and disclaims all liability for, any errors or other inaccuracies in the information, content, recommendations, and materials made available through the Site.
11. Limitation of Liability. In no event will HealthQuest, Inc. be liable to you for any incidental, special, consequential, direct, indirect, or punitive damages, whether based on warranty, contract, tort (including negligence), statute, or any other legal theory, whether or not HealthQuest, Inc. has been informed of the possibility of such damage. Some jurisdictions do not allow the disclaimer of warranties or limitation of liability in certain circumstances. Accordingly, some of the above limitations may not apply to you.
12. Governing Law. These Terms are governed by the laws of the State of California, without regard to conflict of law principles. Subject to Section 13, which provides that disputes are to be resolved through binding arbitration or small claims court, to the extent that any lawsuit or court proceeding is permitted hereunder, you and HealthQuest, Inc. agree to submit to the exclusive personal jurisdiction of the state courts and federal courts located within HealthQuest, Inc., for the purpose of litigating all such disputes.
13. Resolution by Binding Arbitration. In the interest of resolving disputes between you and HealthQuest, Inc. in the most expedient and cost effective manner, you and HealthQuest, Inc. agree to resolve disputes through binding arbitration or small claims court instead of in courts of general jurisdiction (“Agreement to Arbitrate”). Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Any arbitration or litigation under these Terms will take place on an individual basis; class arbitrations and class actions are not permitted. You acknowledge and agree that the arbitrator may award relief (including monetary, injunctive, and declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that individual party’s claim(s). Any relief awarded cannot affect other users.
14. Modification of the Site. HealthQuest, Inc. reserves the right to modify or discontinue, temporarily or permanently, some or all of the Site at any time without any notice or further obligation to you. You agree that HealthQuest, Inc. will not be liable to you or to any third party for any modification, suspension, or discontinuance of any of the Site.
15. General.
A. Entire Agreement. These Terms, together with the Shipping and Returns Agreement and Privacy Policy, constitute the entire and exclusive understanding and agreement between you and HealthQuest, Inc. regarding your use of and access to the Site, and except as expressly permitted above may only be amended by a written agreement signed by authorized representatives of the parties.
B. No Waiver. The failure to require performance of any provision shall not affect our right to require performance at any time thereafter, nor shall a waiver of any breach or default of the Terms constitute a waiver of any subsequent breach or default or a waiver of the provision itself.
C. Paragraph Headers. Use of paragraph headers in the Terms is for convenience only and shall not have any impact on the interpretation of particular provisions.
D. Severability. In the event that any part of the Terms is held to be invalid or unenforceable, the unenforceable part shall be given effect to the greatest extent possible and the remaining parts will remain in full force and effect.
16. Purchases, Pricing and Pricing Errors.
A. Purchases. We accept Visa, Mastercard, American Express, Discover, and any other valid forms of payment and such payments will be processed by our third party service provider. You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Site. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. Sales tax will be added to the price of purchases as deemed required by us. We may change prices at any time. All payments shall be in U.S. dollars. You agree to pay all charges at the prices then in effect for your purchases and any applicable shipping fees, and you authorize us to charge your chosen payment provider for any such amounts upon placing your order. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment. We reserve the right to refuse any order placed through the Site. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same payment method, and/or orders that use the same billing or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.
B. Pricing. Prices are subject to change by HeathQuest, Inc. without notice. Any additional costs incurred by HeathQuest, Inc. in connection with or arising out of the manufacture, sale or distribution of product, including, but not limited to, increases in labor, freight and materials cost before shipment of order and applicable overhead, may be invoiced to you and you agree to pay the same. You will pay when due any sales or other federal, state, or local taxes or other surcharges or assessments that HeathQuest, Inc. is at any time obligated to pay or collect based on, or in any way levied on, the sale of products and/or services, or the products or any services related thereto. In addition, you will be obligated to pay all interest or penalties assessed by reason of your failure to comply with your obligations hereunder.
17. Pricing Errors. Pricing errors may occur on the Site from time to time, on items sold by HeathQuest, Inc.. HeathQuest, Inc. attempts to correct all pricing errors promptly after discovery or after HeathQuest, Inc. receives notice of an error. HeathQuest, Inc. reserves the right to cancel any orders containing pricing errors, with no further obligations to you, even after your receipt of an order confirmation or shipping notice from HeathQuest, Inc. Any payments you make to HeathQuest, Inc. for orders that are cancelled due to pricing errors will be refunded.
18. Notice to California Residents. Under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding the service or to receive further information regarding use of the service.
Last updated: June 23, 2021