Terms of Service
The Terms of Service governing access to and use of CityDME websites and services.
By accessing or using any of the CPM MED SUPPLY, INC. d/b/a CityDME (“CityDME”) Internet properties including, without limitation, www.citydme.com, and any others released by CityDME from time to time (collectively referred to as the “CityDME websites”) you agree to comply with and be bound by these Terms of Use effective immediately. Please read these Terms of Use carefully as well as the CityDME’s Privacy Policy, as use of CityDME websites constitutes agreement to these terms. Do Not use the CityDME website if you are unwilling or unable to agree to the Terms of Use. If you do not agree to these Terms of Use, and the Privacy Policy, you must immediately terminate your use of the CityDME websites.
1. Definitions
(a). Parties. “You” and “your” shall refer to you, as a user of CityDME Websites. A “user” shall refer to someone who accesses or in any way uses or interacts with the CityDME Websites. “We,” “us,” and “our” shall refer to CityDME and any parent companies or subsidiaries.
2. Revisions to Terms of Use
CityDME reserves the right to revise these Terms of Use at any time in its sole discretion by posting revised Terms of Use to the CityDME website. Your use of the CityDME website signifies your acceptance of all the terms and conditions contained within the Terms of Use posted at the time of your use. You should revisit these Terms on a regular basis as revised versions will be binding on you. You understand and agree that your continued access to or use of the CityDME websites after the effective date of changes to the Terms represents your acceptance of such changes.
3. License Grant
You are granted a personal, revocable, limited, non-exclusive, non-transferable license to access and use CityDME websites conditioned on your continued agreement of Terms of Use and Privacy Policy. CityDME reserves the right to bar, restrict or suspend any user’s access to the CityDME websites, and/or to terminate this license at any time for any reason. The CityDME reserves any rights not explicitly granted in these Terms of Use.
4. Translation
We may translate these Terms of Use into languages other than English for your convenience. Nevertheless, the English version shall govern the Agreement and any inconsistencies among translated versions will be resolved in favor of the English version.
5. License Restrictions
Unless otherwise expressly stated in these Terms of Use or you receive CityDME’s prior written consent, you may not modify, translate, otherwise alter , or take any other action that may violate or infringe upon the intellectual property rights of CityDME. Further, you may not (i) use the CityDME websites for any unauthorized or illegal purpose or activity.
6. Click-Through Agreements
Before using certain areas of the CityDME website, you may be asked to indicate your acceptance of additional special terms and conditions by clicking a button marked “I Accept” “I Agree” “Okay” “I Consent” or other words or actions that similarly acknowledge your consent or acceptance of a Click-Through Agreement. To the extent there is a conflict between these Terms of Use and any Click-Through Agreement for the activity in which you choose to participate, the Click Through Agreement will govern.
7. Privacy Policy
For information about CityDME’s data protection practices and CityDME’s use and protection of your personal information, please read the CityDME’s Privacy Policy.
8. User Obligations
You warrant that you will abide by all applicable local, state, national and international laws and regulations with respect to your use of CityDME websites and not interfere with the use and enjoyment of other users on the CityDME websites, or with CityDME operations. CityDME reserves the right to terminate your license of use of the CityDME websites if you are found to have used the website improperly, unsafely, or with the intent of illegal activities or fraud.
9. Intellectual Property
The CityDME websites, including without limitation, text, photos, videos, graphics and software, (collectively, the "Materials") is owned by or licensed to CityDME. The App and the Materials are protected by copyright, trademark, trade dress, domain name, patent, trade secret, international treaties, and/or other intellectual or proprietary rights and laws of the United States and other countries. Accordingly, you are not authorized to download, remove, transmit, alter, reproduce, modify, distribute, exploit, sell, lease, obscure, decompile, reverse engineer, or disassemble, any content or any trademark or copyright notice from the App, including, without limitation, the Materials. Any use of the CityDME Marks without the CityDME’s express written consent is strictly prohibited. You may not alter, delete, obscure or conceal any copyright or other notices appearing in the CityDME Content, including any such notices appearing on any CityDME Content you are permitted to download, transmit, display, print, or reproduce from the CityDME websites.
10. Feedback
If you send or transmit any communications or materials to CityDME by mail, email, telephone, or otherwise, suggesting or recommending changes to CityDME intellectual property (“Feedback”), CityDME is free to use such Feedback irrespective of any other obligation or limitation between you and CityDME governing such Feedback. You hereby assign to CityDME all right, title, and interest in, and CityDME is free to use without any attribution or compensation to any party, any ideas, know-how, concepts, techniques, or other intellectual property rights contained in the Feedback, for any purpose whatsoever, although CityDME is not required to use any Feedback.
11. Disclaimer
CityDME Content is provided for informational purposes only, is believed to be current and accurate at the time of posting, and is not intended as, and should not be construed to be, legal, financial, medical, or consulting advice. Physicians and other qualified health care practitioners should exercise their professional judgment in connection with the provision of services and should seek legal advice regarding any legal questions. References and links to third parties do not constitute an endorsement or warranty by CityDME hereby disclaims all express and implied warranties of any kind, or representations about the information, accuracy, relevance, completeness, or appropriateness for any particular purpose of any kind.
12. Third Party Information and Advertisers
CityDME websites may feature materials, information, products, and services provided by third parties, and may provide links to third-party websites. Any such information are those of the respective third party and not of the CityDME or its affiliates. CityDME makes no representation with respect to, nor does it guarantee or endorse, the quality, non-infringement, accuracy, completeness, timeliness, or reliability of such third party materials, information, services or products. CityDME websites may also contain advertisements of third parties. The inclusion of advertisements on the CityDME websites does not imply endorsement of the advertised products or services by CityDME. CityDME shall not be responsible for any loss of any kind incurred as a result of the presence of such advertisements on the CityDME websites. Further, CityDME shall not be responsible or liable for the statements or conduct of any third party advertisers appearing on CityDME websites. You shall be solely responsible for any correspondence or transactions you have with any third-party advertisers.
13. Warranties Disclaimed
THE CityDME WEBSITES AND CityDME WEBSITE CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE.” NEITHER THE CityDME, ITS AFFILIATES, SUBSIDIARIES, EMPLOYEES, OFFICERS, OR TRUSTEES NOR ANY OF ITS AGENTS, REPRESENTATIVES, SUPPLIERS, ADVERTISERS, PROMOTIONAL PARTNERS, OR LICENSORS (COLLECTIVELY “CityDME PARTIES”) PROVIDE ANY EXPRESS OR IMPLIED REPRESENTATION OR WARRANTY OF ANY KIND, INCLUDING WITHOUT LIMITATION, ANY REPRESENTATION OR WARRANTY THAT (i) THE CityDME WEBSITES OR CityDME CONTENT, OR ANY RESULTS THAT MAY BE OBTAINED BY YOU, ARE COMPLETE, ACCURATE, RELIABLE OR NON-INFRINGING; (ii) ACCESS TO THE CityDME WEBSITES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; (iii) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE CityDME WEBSITES WILL MEET YOUR EXPECTATIONS; OR (iv) CityDME CONTENT WILL REMAIN UNCHANGED OR ACCESSIBLE ON THE CityDME WEBSITES. ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND/OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY.
14. Limitation of Liability
THE CityDME PARTIES SHALL NOT BE LIABLE, AND DISCLAIM ANY LIABILITY, FOR ANY CLAIM, LOSS OR DAMAGE, DIRECT OR INDIRECT, INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND WHATSOEVER IN CONNECTION WITH, AS A RESULT OF, OR ARISING (i) OUT OF THE USE OF OR INABILITY TO USE THE CityDME WEBSITES AND/OR ANY CityDME CONTENT; (ii) FROM ANY INTERRUPTION IN THE AVAILABILITY OF THE CityDME WEBSITES AND/OR CityDME CONTENT; (iii) FROM ANY LOSS OF DATA AND/OR FROM ANY EQUIPMENT FAILURE; (iv) OUT OF THE PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY PROBLEMS WITH THE GOODS, CONTENT AND/OR SERVICES PURCHASED OR OBTAINED FROM THE CityDME WEBSITES, OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE CityDME WEBSITES; (v) FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (vi) FROM STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE CityDME WEBSITES; (vii) FROM ANY DELAY OR FAILURE OF THE CityDME WEBSITES ARISING OUT OF CAUSES BEYOND THE CityDME’S CONTROL; (viii) OUT OF THE USE OF, REFERENCE TO, OR RELIANCE ON, THE CityDME CONTENT; (ix) OUT OF ANY THIRD PARTY MATERIALS, INFORMATION, PRODUCTS AND SERVICES CONTAINED ON, OR ACCESSED THROUGH, THE CityDME WEBSITES (x) OUT OF ANY CONTENT, MATERIALS, ACCURACY OF INFORMATION, AND/OR QUALITY OF THE PRODUCTS, SERVICES OR MATERIALS PROVIDED BY OR ADVERTISED ON THIRD PARTY WEBSITES; OR (xi) OUT OF ANY OTHER MATTER RELATING TO THE CityDME WEBSITES OR CityDME CONTENT. In the event you are dissatisfied with, or dispute, these Terms of Use, the CityDME websites and/or the CityDME Content, your sole right and exclusive remedy is to terminate your use of the CityDME websites, even if that right or remedy is deemed to fail of its essential purpose. You confirm that CityDME has no other obligation, liability or responsibility to you or any other party.
15. Exclusions permitted by law
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE ABOVE LIMITATIONS IN SECTIONS 18 AND 19 WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND CityDME’S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
16. Indemnification
You agree to indemnify, defend, and hold harmless CityDME, its parents, subsidiaries, affiliates, any related companies, suppliers, licensors and partners, and the officers, directors, employees, agents, contractors and representatives of each of them (collectively, the “Entities”) from and against any and all third party claims, actions, demands, losses, damages, costs, liabilities and expenses (including but not limited to attorneys’ fees and court costs) arising out of or relating to: (i) your access to or use of the CityDME websites, including any content you input, (ii) your violation of the Terms, (iii) your breach of your representations and warranties provided under these Terms, (iv) any products or services purchased or obtained by you in connection with the Service, (v) your products or services, or the marketing or provision thereof to end users, or (vi) the infringement by you, or any third party using your IP Address or information, of any intellectual property or other right of any person or entity. CityDME reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. CityDME will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
17. Term and Termination
These Terms of Use will take effect at the time you begin using the CityDME websites and shall continue throughout use. CityDME reserves the right, with or without notice, at any time and for any reason to deny you access to the CityDME websites or to any portion thereof, and to terminate these Terms of Use. These Terms of Use will terminate automatically if you fail to comply with or violate them. You may terminate these Terms of Use at any time by ceasing to use the CityDME website, but all applicable provisions of these Terms of Use will survive such termination. Upon termination, you must destroy all copies of any portion of the CityDME websites, including any CityDME Content, in your possession.
18. Arbitration; Venue
Any controversy or claim (“Claim”) you have arising out of or relating to these i) Terms of Use, ii) Additional Terms and Conditions, iii) the CityDME websites, and iv) any products and services accessed or purchased through the CityDME websites shall be resolved by a single impartial arbitrator pursuant to proceedings administered by the American Arbitration Association under its rules for resolution of commercial disputes. Any such Claim shall be brought, in any arbitration or other legal proceeding, solely by you as an individual and not as part of, or as a representative of, a class. The arbitration shall be held in New York, NY with the National Arbitration and Mediation (“NAM”) and their applicable rules. All submissions to the arbitrator, the proceedings and the award shall be confidential. The arbitration shall be conducted on an expedited basis with minimal discovery. The arbitrator’s award shall be final and binding. The courts of the State of New York and/or the United States District Court for the Eastern District and Southern District of New York shall have exclusive jurisdiction and venue over (a) any action concerning the enforcement of an arbitration award, or (b) if arbitration is not permitted by law, then any Claim you have arising out of or relating to these Terms of Use. You agree to submit to the exclusive jurisdiction and venue of such courts unconditionally and irrevocably and you will not object to such jurisdiction and venue on the grounds of lack of personal jurisdiction, inconvenient forum or otherwise. EACH PARTY IRREVOCABLY WAIVES ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING. CityDME reserves all rights and remedies available to it in law or equity. Neither party consents or agrees to any arbitration on a class or representative basis, and the arbitrator shall have no authority to proceed with an arbitration on a class or representative basis. No arbitration will be consolidated with any other arbitration proceeding without the consent of all parties. Any claim or controversy as to the enforceability of this arbitration provision’s restriction on your right to participate in or pursue a class action or class wide arbitration shall be brought only in the United States District Court for the Eastern District and Southern District of New York or any State of New York court located in New York County, New York.
19. Governing Law
These Terms of Use and all matters regarding your use of the CityDME websites shall be governed by, construed in accordance with, and enforced under the laws of the State of New York applicable to contracts made and executed and wholly performed in the State of New York, without regard to choice of law principles.
20. Waiver and Severability
The failure of CityDME to exercise or enforce any right or provision in these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be enforced to the fullest extent of the law, and all other provisions shall remain in full force and effect.
21. Complete Agreement
These Terms of Use, together with any revisions, any Additional Terms and Conditions incorporated by reference, constitutes the entire agreement between you and CityDME relating to the CityDME websites and its use by you, and supersedes any previous written or oral communication regarding use of the CityDME websites.
22. Statute of Limitations
Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the CityDME websites must be filed by you within one (1) year after such claim or cause of action arose or be forever barred.
23. Use of CityDME websites and CityDME Content outside of the United States
Please view CityDME’s Privacy Policy regarding specific regulation for out of New York State access users and users outside of the United States. CityDME makes no claims regarding access or use of the CityDME websites or the CityDME Content outside of the United States. If you use or access the CityDME websites or the CityDME Content outside of the United States, you do so at your own risk and are responsible for compliance with the laws and regulations of those governing jurisdictions in addition to these Terms of Use.
24. Healthcare Disclaimer
The medical information on this site is provided as an information resource only, and is not to be used or relied on for any diagnostic or treatment purposes. This information is not intended to be patient education, does not create any patient-physician relationship, and should not be used as a substitute for professional diagnosis and treatment. Please consult your health care provider before making any healthcare decisions or for guidance about a specific medical condition. CityDME expressly disclaims responsibility, and shall have no liability, for any damages, loss, injury, or liability whatsoever suffered as a result of your reliance on the information contained in this site. CityDME does not endorse specifically any product, procedure, opinion, physician, or other information mentioned on the site. Never disregard professional medical advice or delay in seeking it because of something you have read on this site.
25. HIPAA
The CityDME websites may allow you to view or learn information related to certain health topics. Due to the nature of this website, CityDME cannot verify or check the accuracy of all information that may be made available to you through use of this website. The inclusion of any link or advertisement does not imply endorsement or recommendation by CityDME. You are advised to conduct your own thorough research of any health-related topics or products. Certain health and medical information about you is protected under the Health Insurance Portability and Accountability Act (“HIPAA”) and applicable state law. This information may be provided by you online or offline, or may be collected by us from other methods such as through a health care provider. We protect covered health and medical information as we may be required by HIPAA and applicable state law. Similarly, we may use covered health and medical information as permitted by HIPAA and applicable state law.
26. Questions
Should you have questions or concerns regarding CityDME Websites’ Terms of Use, please contact us at referral@citydme.com.