These Terms of Service ("Terms") govern your access to and use of the EzMedSource marketplace at shop.ezmedsource.com (the "Service"), operated by EzMedSource LLC ("EzMedSource," "we," "us"). By creating an account, submitting a quote request, listing equipment, or otherwise using the Service, you agree to these Terms.
1. Who may use the Service
The Service is for business-to-business use by healthcare-equipment buyers and sellers. You must be at least 18 years old, capable of forming a binding contract, and acting on behalf of a legitimate organization. Hospitals and health systems may register as buyers; independent service organizations, original equipment manufacturers, depots, and distributors may apply as vendors subject to our approval.
2. Accounts and organizations
You may belong to multiple organizations. Each organization has its own roles and permissions. You are responsible for maintaining the confidentiality of your credentials and for all activity under your account. Notify us promptly at security@ezmedsource.com of any unauthorized access.
3. Marketplace role
EzMedSource operates the Service as a neutral marketplace. We are not a seller, dealer, broker, or manufacturer of medical equipment. Transactions occur between buyers and vendors directly. We do not take title to equipment, do not hold inventory, and do not guarantee the availability, condition, compliance, or suitability of any item. Vendors are solely responsible for the accuracy of their listings and the fulfillment of orders accepted through quotes.
4. Request for Quote (RFQ) flow
Submitting an RFQ is a request to receive vendor quotes. It is not a binding purchase. Once a vendor responds, acceptance of a quote creates an agreement between you and that vendor on the terms of that quote. Fulfillment, payment, warranty, and return terms are set by the vendor unless otherwise specified.
5. Prohibited conduct
- Misrepresenting product condition, service history, regulatory status, or ownership.
- Listing items that are stolen, recalled without disclosure, counterfeit, or prohibited under federal or state law.
- Circumventing the Service to complete transactions that originated here, solely to avoid applicable fees, after fees are introduced.
- Scraping, automated ingestion, or bulk extraction of catalog data without prior written consent.
- Any use that violates HIPAA, FDA regulations, or export controls.
6. Content you submit
You retain ownership of content you submit (catalog data, images, documents, RFQ messages). You grant EzMedSource a worldwide, non-exclusive, royalty-free license to host, reproduce, display, and distribute that content solely to operate and promote the Service. You represent that you have the rights to grant this license.
7. Fees
The Service is free to use during the initial launch period. We will provide advance notice of at least 30 days before introducing fees, commissions, or paid tiers. Free-tier usage does not obligate us to provide the Service indefinitely.
8. Disclaimers
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND. WE DO NOT WARRANT UNINTERRUPTED OR ERROR-FREE OPERATION, NOR DO WE WARRANT THE ACCURACY, SAFETY, OR COMPLIANCE OF ANY LISTING, VENDOR, OR TRANSACTION.
9. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, EZMEDSOURCE'S TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATED TO THE SERVICE IS LIMITED TO THE GREATER OF (i) THE FEES YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM OR (ii) USD $100. WE ARE NOT LIABLE FOR CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES.
10. Termination
We may suspend or terminate your access if you violate these Terms, fail approval review, or if required by law. You may close your account at any time from your settings; removal of your personal data is governed by our Privacy Policy.
11. Governing law
These Terms are governed by the laws of the State of Kansas, without regard to conflict-of-laws rules. Disputes will be resolved in the state or federal courts located in Wyandotte County, Kansas.
12. Changes
We may update these Terms from time to time. Material changes will be announced at least 30 days in advance via email to registered users and a notice on the homepage.
13. Contact
Questions: legal@ezmedsource.com.