Terms and Conditions
Welcome to Strive Medical’s website. Please read these website terms and conditions (“Terms”) carefully. By accessing or using this website you hereby accept and agree to comply with these Terms. These Terms are a contract between you and Strive Medical and govern your access to, and use of, this website and the Services (as defined below). If you do not agree to these Terms, please do not proceed with, or promptly discontinue, accessing, browsing, or using, the website or the Services.
The information in these Terms may be modified without notice by Strive Medical at any time. Your continued use of the website after we post the updates on the website will constitute your continued acceptance of the updated Terms. The last date on which these Terms were updated is listed at the bottom of this document. Without limiting the foregoing, we may, at our sole discretion, at any time without prior notice to you: (1) change, restrict, suspend, or terminate your access to the website; (2) discontinue the website, the Services, or any portion thereof; or (3) add, remove, or modify any content, functionality, or product that is available through the website.
The term “Strive Medical” or “Strive” or “us” or “we” or “company” refers to the owner of the website whose registered office is 5800 Campus Circle Dr. E Ste. 100 B Irving, TX 75063. The term “User” or “you” refers to the user or viewer of this website or the Services. As a condition to your use of, or access to, this website or the Services, you hereby represent and warrant that you are at or above the age of majority in your jurisdiction of residence, and have the legal capacity to agree to these Terms.
IMPORTANT: THESE TERMS CONTAIN A MANDATORY ARBITRATION PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES. THIS MEANS THAT YOU AND STRIVE MEDICAL ARE EACH GIVING UP RIGHTS TO SUE EACH OTHER IN COURT OR IN CLASS ACTIONS OF ANY KIND. FURTHER, WHILE THERE ARE IMPORTANT POINTS THROUGHOUT THESE TERMS, PLEASE NOTE THE WARRANTY DISCLAIMERS AND LIMITATIONS ON STRIVE MEDICAL’S LIABILITY LISTED IN THESE TERMS.
“Services” shall mean all services provided by Strive Medical using the website, including sale of products for treatment and alleviation of conditions, such as urinary incontinence, urinary retention, burns, open wound, pressure ulcers, and edema. Services also include performance of certain support services by Strive Medical, as applicable, such as sales support, insurance verification, and claim paperwork associated with the purchase of the foregoing products.
Intellectual Property Ownership
We, and our licensors, as applicable, shall continue to own and retain all right, title, and interest, including all related, copyrights, trademarks, trade dress, patents, and other intellectual property rights (“IP Rights”), in and to technology, text, graphics, images, content or materials provided on this website or inherent in the Services. Third-party manufacturers of products offered for sale on the website will continue to own and retain all IP Rights in content or materials made available on the website related to such products. You may not copy, reproduce, resell, or publish any of the content provided on the website without our prior written consent. We do not grant you the right to use any branding or logos used on the website or the license to use any logos, content or material provided on the website for any purpose. We reserve the right to enforce our intellectual property in any content provided on the website, to the fullest extent of the law.
We shall have the full right and license to use any feedback, suggestions, comments, ideas, or the like (“Feedback”) received from you in connection with the content provided on the website or the Services, for improvements to the website, any of our services, or for any other business purpose. Any alterations, changes, modifications, enhancements, additions, restructuring, or deletions made to any of our products, services, or websites as a result of such Feedback, or otherwise arising in connection with your Feedback, shall be our sole and exclusive property, together with all intellectual property rights therein.
You understand and acknowledge that we may send some information and communications to you from time to time related to the website and Services (including order updates, newsletters and communications about products and services that may be of interest to you). You agree and consent to receive all such communications, agreements, documents, receipts, notices, and disclosures (collectively, “Communications”). We may contact you and provide these Communications to you using pop-up web notifications, or via SMS text messages, phone calls, emails, mail, or other similar means. You may incur data, call-time, or SMS charges from your service providers in connection with Communications received from us.
Restrictions on Use
You agree not to do the following under these Terms:
- reverse engineer, use or access this website to (a) build a competitive product, website, or service, (b) build a product, website or service using similar ideas, features, functions, content, or graphics as this website, or (c) copy any ideas, features, functions, content, or graphics of the website;
- sell, resell, rent, or otherwise commercially use or distribute any content, Services or products obtained from this website;
- use any automated programs, data mining tools, HTML frames, web-crawlers or other data gathering or “mirroring” tolls in connection with your use of the website;
- use the website, the Services or any products purchased from us for activities that may violate any applicable law;
- use the website in a manner that is intended to cause damage to or adversely affect the website, including by means of introducing a virus, breaching any security protocols, or spamming the website;
- use the website, the Services or any products purchased from us for any activities that may adversely affect Strive Medical or its reputation; or
- otherwise use the website or Services in a manner that violates these Terms.
Disclaimer of Liability
As-Is Content And Services
STRIVE MEDICAL MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE IN RELATIONSHIP TO THE CONTENTS OF THE WEBSITE OR THE SERVICES PROVIDED BY STRIVE MEDICAL, ITS EMPLOYEES OR REPRESENTATIVES. ANY INSURANCE CLAIMS OR PAPERWORK SUBMITTED BY US ON YOUR BEHALF MAY GET REJECTED BY A PAYOR AND THE MEDICAL PRODUCTS PURCHASED BY YOU MAY NOT BE COVERED BY INSURANCE (IN WHICH CASE YOU WILL BE RESPONSIBLE FOR THE COST OF SUCH PRODUCT). STRIVE MEDICAL SPECIFICALLY DISCLAIMS, UNDER APPLICABLE LAW, ANY AND ALL WARRANTIES, EXPRESSED OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COMPLETENESS, PERFORMANCE, ACCURACY, USEFULLNESS OR SUITABILITY. STRIVE MEDICAL DOES NOT GUARANTY OR WARRANTY THAT THE WEBSITE SHALL BE FREE OF ANY MALFUNCTIONS, ERRORS, OMISSIONS OR DELAYS. STRIVE MEDICAL MAKES NO GUARANTY OR WARRANTY THAT THE CONTENT ON THIS SITE OR THE SERVER THAT THIS SITE IS LOCATED ARE FREE FROM VIRUSES, TROJAN HORSES, WORMS, OR OTHER HARMFUL ELEMENTS THAT MAY HARM OR DESTROY ANY FILES OR PROGRAMS.
No Medical Services
WE SIMPLY OFFER A PLATFORM FOR SUPPLY OF MEDICAL EQUIPMENT AND DO NOT PERFORM ANY DIAGNOSES OR RECOMMEND ANY MEDICAL PRODUCTS FOR YOUR USE. WE RECOMMEND THAT YOU SEEK ALL NECESSARY MEDICAL ADVICE, RECOMMENDATIONS AND DIAGNOSES FROM YOUR HEALTHCARE PROVIDER. YOU UNDERSTAND AND ACKNOWLEDGE THAT WE DO NOT PROVIDE ANY MEDICAL SERVICES, AND WE DO NOT MANUFACTURE THE PRODUCTS THAT ARE OFFERED FOR SALE ON OUR WEBSITE. WE SPECIFICALLY DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS RELATING TO (I) THE QUALITY, PERFORMANCE, RELIABILITY, OR SUITABILITY OF THE PRODUCTS OFFERED FOR SALE ON THE WEBSITE, AND (II) THE ACCURACY, CURRENCY OR APPROPRIATENESS OF ANY INFORMATION RELATED TO SUCH PRODUCTS THAT IS PROVIDED ON THE WEBSITE.
Confidentiality and Data Security.
The website is not intended to be a medium for you provide any confidential or proprietary information to Strive Medical. We expressly disclaim any warranties related to the confidentiality, security or privacy of any information provided to us by you through the website.
Limitation of Liability
To the fullest extent provided by applicable law: (i) in no event shall Strive Medical, its affiliates, officers, employees, agents or contractors be liable for any indirect, consequential, punitive, incidental, or special damages, including, but not limited to, any personal injury, property damage, or unauthorized disclosure of your information, whether in any action in warranty, contract, tort, breach of contract, negligence, strict liability, malpractice, or otherwise resulting from your use of the website or Services; and (ii) Strive Medical’s maximum aggregate liability for all damages, losses and causes of action, whether in contract, tort (including negligence) or otherwise, will not exceed the amounts paid by you to Strive Medical in the six (6) months prior to your claim. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY. IF YOU ARE NOT A CALIFORNIA RESIDENT, YOU WAIVE YOUR RIGHTS UNDER ANY STATUTE OR COMMON LAW PRINCIPLE SIMILAR TO CALIFORNIA CIVIL CODE SECTION 1542 THAT GOVERNS YOUR RIGHTS IN THE JURISDICTION OF YOUR RESIDENCE.
You hereby agree to indemnify, defend, and hold harmless Strive Medical, and its affiliates, officers, employees, contractors, and agents from and against any and all rights, demands, losses, liabilities, damages, claims, causes of action, actions, suits, fees (including attorneys’ fees and expert fees), and costs of any kind whatsoever arising directly or indirectly out of or in connection with: (1) your and your caregiver’s (as applicable) use of the website, Services or any product obtained from the website; (2) any claims for bodily injury, or property damages to a third-party that results from your use of the website, Services or any product obtained from the website, (3) claims related to unauthorized disclosure of your or a third-party’s data that arises from your use of the website or Services; (4) any claims related to your violation of Terms; and (5) any violation of any applicable laws and regulations or rights of any third-party, including any intellectual property rights, resulting from your use of the website or Services.
Any disputes arising in connection with website, Services, or these Terms shall be governed by and construed and enforced solely and exclusively in accordance with the laws of the state of Texas, without regard to such jurisdiction’s conflicts of law principles.
You and Strive Medical both agree to provide a written notice of any disputes to the other party at its notice address (or an address provided in writing to the other party) and try to resolve any disputes in good-faith thereafter. If the dispute is not resolved within 30 days of a party providing notice to the other party, both parties agree that the dispute will be resolved through individual, non-representative, binding arbitration held in English, instead of a proceeding in courts of general jurisdiction. Any disputes will be decided by a single arbitrator and will be administered by Judicial Arbitration Mediation Services, Inc. (“JAMS”) pursuant to the JAMS Streamlined Arbitration Rules & Procedures and as modified by this agreement to arbitrate. The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by Strive Medical that an in-person hearing is appropriate. Any in-person appearances will be held at Dallas, Texas. The arbitrator will have authority to award temporary, interim, or permanent injunctive relief or relief providing for specific performance, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court with appropriate jurisdiction. Each party will be responsible for its respective costs, including costs related to its respective attorneys, experts, and witnesses.
Waiver of Right to Jury Trial and Class Action.
FOR ANY DISPUTES THAT ARE RESOLVED BY LITIGATION FOR ANY REASON, YOU AND STRIVE MEDICAL EXPRESSLY WAIVE YOUR RIGHT TO A TRIAL BY JURY. YOU ALSO EXPRESSLY WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION, CLASS ARBITRATION, OR OTHER REPRESENTATIVE PROCEEDING WITH RESPECT TO ANY CLAIM SUBJECT TO ARBITRATION.
These Terms will be binding upon, and inure to the benefit of, the successors, representatives and permitted assigns of the parties. If any part of these Terms become becomes illegal, invalid, unenforceable, or prohibited in any respect under any applicable law or regulation, such provision or part thereof will be deemed to not form part of the contract between us. The legality, validity or enforceability of the remainder of the Terms will remain in full force and effect.
These Terms constitute the entire agreement between you and us relating to the subject matter of the website and supersede any prior communications or agreements between you and us related to your use of and access to the website. If we fail to insist on or enforce strict performance of any of the Terms at any time, such failure will not be construed as a waiver of any of our rights under these Terms. The rights, obligations, and commitments in these Terms that, by their nature, would logically continue beyond the termination of your use of, or access to, the website or Services survive termination of these Terms. Except as expressly stated, no provisions of these Terms create any third-party beneficiary.
You can communicate with us or provide a notice to us, as required in these Terms, at:
Strive Medical LLC
5800 Campus Circle Drive E
Irving, TX 75063