Terms of Use
These Terms of Use (the "Terms") govern access to and use of themedicalbay.com and any related applications, marketplace features, communications, integrations, and services provided by The Medical Bay LLC (collectively, the "Service"). "The Medical Bay," "we," "us," and "our" mean The Medical Bay LLC. "You" means the person using the Service and any entity that person validly represents.
If you do not agree to these Terms, do not access or use the Service. If you use the Service for a business or other organization, you represent that you have authority to bind it, and both you and the organization are responsible under these Terms.
Agreement and incorporated policies
The Seller Policy, Buyer Policy, Privacy Policy, transaction-specific terms displayed in a listing, offer, checkout, or order, and other policies expressly identified as part of these Terms are incorporated into this agreement. You must comply with the policies that apply to your activities.
If terms conflict, the transaction-specific term controls for that transaction, the more specific Buyer or Seller Policy controls for the subject it addresses, and these Terms otherwise control. The Privacy Policy governs how The Medical Bay handles personal information. Section 20 of these Terms controls disputes between you and The Medical Bay unless applicable law requires otherwise.
Accounts, security, and verification
Provide complete, accurate, and current account information and promptly update it. Keep your credentials confidential, use reasonable security measures, and notify [email protected] promptly of suspected unauthorized access. You are responsible for activity through your account unless applicable law provides otherwise. Do not share, transfer, sell, impersonate, or create an account to evade a restriction.
The Medical Bay and its providers may request identity, business, tax, banking, licensure, ownership, or other information to operate the Service, prevent fraud, support transactions, or comply with law. A badge, profile field, completed check, or successful payment reflects only the information or status reviewed at that time. It is not an endorsement or a guarantee of identity, authority, licensure, creditworthiness, item condition, or future conduct.
The marketplace's role
The Medical Bay provides technology that helps independent buyers and sellers find each other, communicate, and transact. Unless we expressly state otherwise for a specific service, The Medical Bay does not own, possess, inspect, test, appraise, certify, refurbish, package, ship, prescribe, or take title to listed equipment. It is not the buyer, seller, consignor, manufacturer, importer, clinical provider, distributor, broker, fiduciary, insurer, or escrow agent for a transaction.
The seller identified in the listing or order is the merchant of record and contracting seller. Buyers and sellers act independently and are responsible for their own diligence, decisions, representations, legal compliance, transaction obligations, and agreements. The Medical Bay may review content, request records, facilitate communication, or take protective action, but is not obligated to do so and does not thereby become a party to the purchase contract or guarantee a user, item, or transaction.
Listings, offers, and transaction formation
A listing is an invitation to transact, not a binding offer by The Medical Bay. Making, accepting, or countering an offer, or selecting Buy Now, may create a payment opportunity, reservation, or platform obligation under the applicable policy, but it does not by itself create a binding purchase contract between buyer and seller.
A binding purchase contract between the buyer and seller forms only when payment succeeds. Payment authorization, a pending payment, an expired checkout session, or an unsuccessful payment is not sufficient. The Medical Bay's order record based on confirmation from the payment provider is evidence of payment status.
When payment succeeds, the purchase contract consists of the paid item and price, the listing disclosures, the accepted offer or Buy Now terms, shipping and other charges shown at checkout, the seller's disclosed return and warranty terms, applicable transaction-specific terms, and terms supplied by law. The buyer and seller, not The Medical Bay, are the parties to that contract. Changes after payment require their agreement and must comply with these Terms and applicable policy.
Unpaid offers and checkout opportunities may expire, and an item may become available to others when the payment deadline passes. The Service does not guarantee that an item will remain available until payment succeeds.
Payments, fulfillment, returns, and transaction problems
Payments are processed through Stripe or another disclosed payment provider. Under the current marketplace model, the charge is made directly on the seller's connected payment account; the seller receives the buyer's payment subject to provider fees, reserves, reversals, and payout rules, and The Medical Bay may receive its marketplace fee from seller proceeds. The Seller Policy states the applicable marketplace fee and fee-refund rules.
The Medical Bay does not hold purchase funds in escrow, does not delay seller payout until delivery or buyer acceptance, and does not offer an independent buyer-protection or transaction-guarantee program unless a separate written program expressly says otherwise. Payment-provider, carrier, freight, insurance, tax, and other third-party terms and charges may apply.
The seller is responsible for fulfillment, warranties, returns, refunds, customer service, taxes, and payment disputes as described in the Seller Policy and the purchase contract. Buyers must review the listing and the Buyer Policy, complete appropriate diligence, use the original marketplace payment process for refunds, and raise transaction issues promptly. The Medical Bay may facilitate communication or share platform records but does not inspect returned goods or independently adjudicate buyer-seller disputes.
A chargeback or provider decision governs the payment process under the provider's rules; it does not by itself determine title, product condition, legal compliance, warranty rights, or every claim between buyer and seller.
Regulated equipment and user responsibility
Medical equipment may be subject to federal, state, local, professional-practice, facility, radiation-control, transportation, installation, servicing, prescription, and other requirements. Each user is responsible for identifying and complying with the requirements that apply to that user's role, item, jurisdiction, and transaction. The Seller Policy contains seller-specific listing, recall, cleaning, data-removal, and buyer-verification duties. The Buyer Policy contains buyer-specific eligibility and diligence duties.
The Medical Bay does not determine whether a particular item may lawfully be sold to or used by a particular person, does not prescribe equipment, and does not replace manufacturer instructions, qualified inspection, installation, calibration, maintenance, or professional judgment. Do not use ordinary marketplace fields or messages to send patient records, diagnoses, unnecessary prescription details, protected health information, or other sensitive clinical data.
Acceptable use
You may use the Service only for lawful marketplace purposes. You may not:
- violate law, regulation, sanctions, export controls, carrier rules, or another person's rights;
- misrepresent your identity, authority, licensure, business, item, price, transaction, or intended use;
- list, seek, purchase, sell, transfer, or facilitate prohibited, recalled, counterfeit, stolen, unsafe, or unlawfully restricted items;
- defraud, deceive, harass, threaten, discriminate against, exploit, or impersonate another person;
- circumvent fees, payment flows, verification, geographic limits, access controls, safety measures, or enforcement actions;
- create fake transactions, manipulate reviews, launder money, evade sanctions, or interfere with another transaction;
- upload malware or harmful code, probe or breach security, overload the Service, or access systems or data without authorization;
- use bots, crawlers, scrapers, browser automation, or similar means to access, copy, monitor, or extract Service content without written permission, except ordinary public-search indexing that follows our instructions;
- reverse engineer, decompile, copy, frame, mirror, resell, or commercially exploit the Service except as law expressly permits;
- harvest user information, send spam, add users to marketing lists without consent, or use transaction data for unrelated solicitation;
- upload content you do not have the right to use or content that is false, defamatory, invasive, obscene, or otherwise unlawful; or
- help another person do anything prohibited by these Terms.
User content
"User Content" means listings, photos, descriptions, messages, reviews, profile information, documents, and other material you submit to the Service. You retain ownership of your User Content. You represent and warrant that you have all rights and permissions necessary to submit it and permit the uses described below, and that it is accurate and does not violate law or another person's rights.
You grant The Medical Bay a worldwide, nonexclusive, royalty-free, sublicensable, and transferable license to host, store, reproduce, format, adapt, translate, display, distribute, and otherwise use User Content as reasonably necessary to operate, secure, improve, and promote the Service and the listings or profiles to which it relates. This license permits us to resize images, create previews, distribute listing content through search and marketing channels, and make content available to service providers acting for us. It does not transfer ownership of your User Content to The Medical Bay.
You may remove User Content where the Service permits. The license ends when the content is deleted from active systems, except for reasonable backup, security, evidentiary, legal-retention, and transaction-record purposes, and except where another user has legitimately retained content shared as part of a transaction or message.
The Medical Bay may remove, restrict, preserve, or disclose User Content as permitted by these Terms, the Privacy Policy, or law. We are not obligated to publish or retain User Content indefinitely.
The Medical Bay intellectual property and feedback
The Service, including its software, design, interfaces, text, graphics, branding, databases, organization, and other content supplied by The Medical Bay, is owned by or licensed to The Medical Bay and is protected by intellectual-property laws. Subject to these Terms, we grant you a limited, revocable, nonexclusive, nontransferable, nonsublicensable license to access and use the Service for its intended purposes. No other rights are granted.
If you provide ideas, suggestions, or feedback about the Service, you grant The Medical Bay the unrestricted right to use them without payment or obligation to you, provided we do not identify you publicly without permission.
Intellectual-property complaints
If you believe content on the Service infringes your copyright, trademark, or other intellectual-property right, email [email protected] with identification of the protected work or right, the content and location at issue, your contact information, a good-faith statement, a statement that the information is accurate and that you are authorized to act, and your physical or electronic signature. We may request additional information, remove or restore content, notify the affected user, or restrict repeat infringers as permitted by law.
Third-party services and integrations
The Service may depend on or link to third-party services, including payment, identity, shipping, tracking, communications, analytics, marketplace-import, and authentication providers. Stripe, Shippo, DOTmed, carriers, and other providers have their own terms and privacy practices. Your use of a third-party service may create a separate agreement between you and that provider.
If you connect an external account or authorize an integration, you authorize The Medical Bay and the provider to exchange the information and take the actions described in the connection flow and Privacy Policy. You are responsible for your external account, credentials, permissions, and provider charges. The Medical Bay does not control and is not responsible for a provider's availability, decisions, fees, reserves, payouts, labels, tracking, content, or performance, except to the extent liability cannot lawfully be excluded.
Privacy and electronic communications
The Privacy Policy explains how The Medical Bay collects, uses, shares, retains, and protects personal information. By using the Service, you acknowledge that Privacy Policy. Users who receive information about other users must handle it only for authorized transaction, compliance, safety, fraud-prevention, support, or legal purposes.
You consent to receive agreements, policies, disclosures, receipts, notices, and other records electronically, including through the Service and at the email address or other contact information associated with your account. Electronic acceptance and records have the same effect as paper signatures and records to the extent permitted by law. Keep your contact information current and retain copies for your records.
We may send operational, security, support, transaction, and legal messages needed to provide the Service. You may opt out of marketing messages using the method provided in the message, but not from essential service communications while your account or transaction remains active.
Monitoring, enforcement, and termination
The Medical Bay may, but is not required to, monitor accounts, listings, messages, transaction records, and other activity for operational, safety, fraud, payment, policy, or legal purposes. We may request information, limit features, pause or remove content, delay or cancel an unpaid or unfulfilled transaction where permitted, suspend or terminate access, preserve evidence, or notify affected users, providers, rights holders, regulators, or law enforcement when we reasonably believe action is appropriate or required.
We may take immediate action when conduct presents legal, safety, security, fraud, payment, reputational, or platform risk. Where appropriate, you may request review by contacting support, but we do not guarantee reversal or continued access. We are not liable for good-faith enforcement decisions except to the extent liability cannot lawfully be limited.
You may stop using the Service or request account closure, subject to outstanding transactions, payment obligations, investigations, record-retention requirements, and rights that survive closure. Provisions that by their nature should survive termination do survive, including payment obligations, licenses needed for retained records, intellectual-property protections, disclaimers, limitations, releases, indemnities, dispute terms, and general provisions.
No professional advice
Service content and marketplace tools are provided for general transactional and informational purposes. They are not medical, clinical, legal, regulatory, tax, accounting, insurance, engineering, installation, servicing, or transportation advice. The Medical Bay does not diagnose, prescribe, recommend equipment for a patient, or determine clinical suitability. Consult qualified professionals and official sources for decisions requiring specialized judgment. The Service is not an emergency service.
Disclaimers
TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." THE MEDICAL BAY DISCLAIMS ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, QUIET ENJOYMENT, AND WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
THE MEDICAL BAY DOES NOT WARRANT THAT THE SERVICE WILL BE CONTINUOUS, SECURE, ERROR-FREE, OR AVAILABLE AT A PARTICULAR TIME; THAT CONTENT OR DATA WILL BE ACCURATE OR PRESERVED; OR THAT ANY USER, LISTING, ITEM, LICENSE, DOCUMENT, TRANSACTION, PAYMENT, SHIPMENT, WARRANTY, RETURN, OR OUTCOME IS LEGITIMATE, LAWFUL, SAFE, SUITABLE, COMPLETE, OR AS DESCRIBED.
Seller warranties and rights that cannot legally be disclaimed remain governed by the purchase contract and applicable law. Some jurisdictions do not allow certain disclaimers, so portions of this section may not apply to you.
Limitation of liability
TO THE FULLEST EXTENT PERMITTED BY LAW, THE MEDICAL BAY LLC AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AND AGENTS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR FOR LOST PROFITS, REVENUE, BUSINESS, OPPORTUNITY, GOODWILL, USE, OR DATA, ARISING OUT OF OR RELATING TO THE SERVICE, THESE TERMS, A USER, AN ITEM, OR A TRANSACTION, EVEN IF ADVISED THAT SUCH DAMAGES WERE POSSIBLE.
TO THE FULLEST EXTENT PERMITTED BY LAW, THE TOTAL AGGREGATE LIABILITY OF THE MEDICAL BAY LLC AND THOSE RELATED PARTIES FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID DIRECTLY TO THE MEDICAL BAY IN MARKETPLACE OR SERVICE FEES DURING THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM OR (B) $100. AMOUNTS PAID TO A SELLER, PAYMENT PROCESSOR, CARRIER, OR OTHER THIRD PARTY ARE NOT AMOUNTS PAID DIRECTLY TO THE MEDICAL BAY.
These limitations do not apply to liability that cannot lawfully be limited, including liability for a party's fraud, willful misconduct, or gross negligence where applicable law prohibits limitation. Some jurisdictions do not allow certain exclusions or limits, so portions of this section may not apply to you. The limitations are an essential basis of the agreement between you and The Medical Bay.
Release of user and transaction claims
To the fullest extent permitted by law, you release The Medical Bay LLC and its affiliates, officers, directors, employees, contractors, and agents from claims and liabilities arising solely from another user's acts or omissions; the condition, legality, safety, possession, shipment, installation, use, or performance of an item; or a buyer-seller dispute. This release does not waive a claim based on The Medical Bay's own conduct to the extent that claim cannot lawfully be released. The Medical Bay's efforts to facilitate communication or provide records do not create a duty to resolve or guarantee the outcome of a dispute.
Indemnification
To the fullest extent permitted by law, you will defend, indemnify, and hold harmless The Medical Bay LLC and its affiliates, officers, directors, employees, contractors, and agents from third-party claims, losses, liabilities, damages, judgments, penalties, fines, and reasonable costs, including attorneys' fees, arising from or relating to your User Content, account, conduct, item, transaction, violation of these Terms or applicable policy, violation of law, or infringement of another person's rights.
The Medical Bay may control the defense and settlement of an indemnified claim with counsel of its choice, and you will reasonably cooperate. You may not settle a claim in a way that admits liability by, imposes obligations on, or fails to fully release an indemnified party without The Medical Bay's written consent. This section does not require indemnification for an indemnified party's gross negligence or willful misconduct where such an exception is required by law. The Seller Policy contains additional seller-specific responsibilities.
Governing law and court venue
These Terms and disputes between you and The Medical Bay are governed by the laws of the State of Arizona, without regard to conflict-of-laws principles, except that the Federal Arbitration Act governs the interpretation and enforcement of Section 20. This choice does not deprive a consumer of nonwaivable protections provided by the law of the consumer's residence.
For a claim that is not required to be arbitrated or brought in small-claims court, the state and federal courts located in Pima County, Arizona have exclusive jurisdiction, and each party consents to personal jurisdiction and venue there, except where applicable law requires another venue.
Dispute resolution; individual arbitration and class-action waiver
Scope of the arbitration agreement
A "Dispute" is any claim or controversy between you and The Medical Bay LLC or its affiliates, officers, directors, employees, contractors, or agents arising out of or relating to the Service, these Terms, any applicable policy, your account, or the parties' relationship, whether based in contract, tort, statute, fraud, misrepresentation, or another legal theory, and whether arising before or after you accepted these Terms.
This Section 20 governs Disputes between you and The Medical Bay. It does not require a buyer and seller to arbitrate claims against each other unless they separately agree to do so.
Informal resolution first
Before filing arbitration or a lawsuit, the claimant must send an individualized written Notice of Dispute to [email protected] with the subject line "Notice of Dispute." The notice must include the claimant's name, account email, contact information, a description of the facts and legal basis of the Dispute, the relief requested, and the claimant's personal signature. If The Medical Bay initiates a Dispute, it will send a comparable notice to the contact information associated with your account.
The parties will attempt in good faith to resolve the Dispute individually for 30 days after receipt. Any applicable limitations period and filing-fee deadline will be tolled during that 30-day period to the extent permitted by law. If the Dispute is not resolved, either party may begin arbitration or an allowed court proceeding.
Binding arbitration
Except for the exceptions below, Disputes will be resolved by binding individual arbitration administered by the American Arbitration Association (AAA) before one neutral arbitrator. The AAA Consumer Arbitration Rules will apply when the Dispute qualifies as a consumer matter under those rules; otherwise, the AAA Commercial Arbitration Rules will apply. The applicable rules are available at adr.org and are incorporated into this section to the extent they do not conflict with these Terms. The Federal Arbitration Act governs.
If AAA is unavailable or declines to administer the arbitration, the parties will attempt to select another nationally recognized administrator. If they cannot agree, a court with jurisdiction may appoint an arbitrator or administrator as permitted by law.
The arbitrator may award the same individualized remedies a court could award, including attorneys' fees when authorized by law or the applicable rules, but may award relief only to the individual party seeking it and only to the extent necessary to resolve that party's claim. The arbitrator will issue a reasoned written award. Judgment on the award may be entered in any court with jurisdiction.
Except for questions about whether an arbitration agreement was formed, whether a timely opt-out was effective, or whether the class-action waiver below is enforceable, the arbitrator will decide disputes about the scope, interpretation, and enforceability of this Section 20.
Hearing location and fees
For a consumer Dispute, the hearing may proceed by documents, telephone, or videoconference, or in the county where you reside, unless the parties agree otherwise. Consumer fees and costs will be allocated under the AAA Consumer Arbitration Rules, and The Medical Bay will pay amounts the rules or applicable law require it to pay. For a non-consumer Dispute, the hearing will occur remotely or in Pima County, Arizona, as the arbitrator directs, and fees will be allocated under the AAA Commercial Arbitration Rules. Each party bears its own attorneys' fees unless law, these Terms, or the applicable rules authorize an award.
Small claims and limited court exceptions
Either party may bring an individual claim in small-claims court if it qualifies and remains only in that court. A qualifying claim may be filed in Pima County, Arizona or another venue permitted or required by applicable law. Either party may also ask a court for temporary or preliminary relief needed to preserve the status quo, protect account or Service security, or prevent imminent misuse of intellectual property while arbitration is pending.
If applicable law prevents arbitration of a request for public injunctive relief, that request will be severed and decided by a court after arbitration of the arbitrable individual claims, to the extent permitted by law. Nothing in this section requires arbitration where federal law makes a predispute arbitration agreement unenforceable for the particular claim.
Individual proceedings only; class-action waiver
YOU AND THE MEDICAL BAY AGREE THAT EACH MAY BRING A DISPUTE ONLY IN AN INDIVIDUAL CAPACITY, NOT AS A PLAINTIFF, CLASS MEMBER, OR REPRESENTATIVE IN A CLASS, COLLECTIVE, CONSOLIDATED, MASS, PRIVATE-ATTORNEY-GENERAL, OR OTHER REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT COMBINE DIFFERENT PERSONS' CLAIMS OR PRESIDE OVER A CLASS, COLLECTIVE, CONSOLIDATED, MASS, OR REPRESENTATIVE PROCEEDING WITHOUT THE WRITTEN CONSENT OF ALL PARTIES.
If a final court decision holds that this waiver is unenforceable as to a particular claim or remedy, that claim or remedy will be severed and decided by the court, while all remaining arbitrable claims proceed in individual arbitration.
Thirty-day right to opt out
You may opt out of this arbitration agreement by emailing [email protected] with the subject line "Arbitration Opt-Out" within 30 days after you first accept these Terms. Your notice must include your full name, account email, and a clear statement that you opt out of arbitration under these Terms, and it must be sent by you personally rather than as part of a group submission. Opting out affects only this arbitration agreement; the rest of the Terms remain in effect. The Medical Bay will not retaliate against you for a timely opt-out.
Survival and arbitration changes
This Section 20 survives suspension, account closure, and termination of these Terms. A material change to this section will apply prospectively after notice and will not affect a Dispute for which a valid Notice of Dispute was received before the change's effective date.
Changes to these Terms
The Medical Bay may update these Terms to reflect legal, safety, product, technology, or business changes. We will post the revised Terms with a new effective date and provide additional notice of material changes when reasonably appropriate. Unless an earlier effective date is required by law or an urgent safety, security, or fraud concern, material changes apply prospectively.
By continuing to use the Service after revised Terms take effect, you accept them. If you do not agree, stop using the Service and close your account after completing outstanding obligations. The terms and fee rules in effect when payment succeeded continue to govern that paid transaction, unless the buyer and seller lawfully agree otherwise or a change is required by law. Changes to arbitration are also governed by Section 20.
General terms
These Terms and the incorporated policies are the entire agreement between you and The Medical Bay regarding the Service and replace prior agreements on the same subject, except a separate written agreement signed by an authorized representative of The Medical Bay.
If a provision is unenforceable, it will be enforced to the maximum lawful extent and the remaining provisions will remain effective, subject to the special severability rules in Section 20. A failure to enforce a provision is not a waiver. Headings are for convenience only.
You may not assign these Terms or your account without The Medical Bay's written consent. The Medical Bay may assign these Terms in connection with a merger, acquisition, financing, reorganization, sale of assets, or by operation of law. No assignment relieves obligations already incurred.
Nothing in these Terms creates a partnership, joint venture, franchise, employment, fiduciary, or agency relationship between you and The Medical Bay or between users. There are no third-party beneficiaries except that affiliates and indemnified parties may enforce provisions that expressly protect them.
The Medical Bay is not responsible for delay or failure caused by events beyond its reasonable control, including natural disasters, public emergencies, labor disputes, carrier or provider failures, power or internet outages, cyberattacks, government action, or changes in law.
Contact
Questions, legal notices, and support requests may be sent to:
The Medical Bay LLC
[email protected]