Terms Of Service

By accessing or using any of the CMP Med Supply, Inc. d/b/a City DME (“City DME”) Internet properties including, without limitation, www.citydme.com, and any others released by City DME from time to time (collectively referred to as the “City DME 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 City DME’s Privacy Policy, as use of City DME websites constitutes agreement to these terms. Do Not use the City DME 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 City DME websites.
1. Definitions.
(a). Parties. “You” and “your” shall refer to you, as a user of City DME Websites. A “user” shall refer to someone who accesses or in any way uses or interacts with the City DME Websites. “We,” “us,” and “our” shall refer to City DME and any parent companies or subsidiaries.

2. Revisions to Terms of Use.  City DME reserves the right to revise these Terms of Use at any time in its sole discretion by posting revised Terms of Use to the City DME website. Your use of the City DME 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 City DME 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 City DME websites conditioned on your continued agreement of Terms of Use and Privacy Policy. City DME reserves the right to bar, restrict or suspend any user’s access to the City DME websites, and/or to terminate this license at any time for any reason. The City DME 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 City DME’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 City DME. Further, you may not (i) use the City DME websites for any unauthorized or illegal purpose or activity.

6. Click-Through Agreements. Before using certain areas of the City DME 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 City DME’s data protection practices and City DME’s use and protection of your personal information, please read the City DME’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 City DME websites and not interfere with the use and enjoyment of other users on the City DME websites, or with City DME operations. City DME reserves the right to terminate your license of use of the City DME 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 City DME websites, including without limitation, text, photos, videos, graphics and software, (collectively, the "Materials") is owned by or licensed to Good Care. 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 City DME Marks without the City DME’s express written consent is strictly prohibited. You may not alter, delete, obscure or conceal any copyright or other notices appearing in the City DME Content, including any such notices appearing on any City DME Content you are permitted to download, transmit, display, print, or reproduce from the City DME websites.

10. Feedback. If you send or transmit any communications or materials to City DME by mail, email, telephone, or otherwise, suggesting or recommending changes to City DME intellectual property (“Feedback”), City DME is free to use such Feedback irrespective of any other obligation or limitation between you and City DME governing such Feedback. You hereby assign to City DME all right, title, and interest in, and City DME 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 City DME is not required to use any Feedback.

11. Disclaimer. City DME 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 City DME 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. City DME 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 City DME or its affiliates. City DME 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. City DME websites may also contain advertisements of third parties. The inclusion of advertisements on the City DME websites does not imply endorsement of the advertised products or services by City DME. City DME shall not be responsible for any loss of any kind incurred as a result of the presence of such advertisements on the City DME websites. Further, City DME shall not be responsible or liable for the statements or conduct of any third party advertisers appearing on City DME websites. You shall be solely responsible for any correspondence or transactions you have with any third-party advertisers.

13. Warranties Disclaimed. THE CITY DME WEBSITES AND CITY DME WEBSITE CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE.” NEITHER THE CITY DME, ITS AFFILIATES, SUBSIDIARIES, EMPLOYEES, OFFICERS, OR TRUSTEES NOR ANY OF ITS AGENTS, REPRESENTATIVES, SUPPLIERS, ADVERTISERS, PROMOTIONAL PARTNERS, OR LICENSORS (COLLECTIVELY “CITY DME PARTIES”) PROVIDE ANY EXPRESS OR IMPLIED REPRESENTATION OR WARRANTY OF ANY KIND, INCLUDING WITHOUT LIMITATION, ANY REPRESENTATION OR WARRANTY THAT (i) THE CITY DME WEBSITES OR CITY DME CONTENT, OR ANY RESULTS THAT MAY BE OBTAINED BY YOU, ARE COMPLETE, ACCURATE, RELIABLE OR NON-INFRINGING; (ii) ACCESS TO THE CITY DME 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 CITY DME WEBSITES WILL MEET YOUR EXPECTATIONS; OR (iv) CITY DME CONTENT WILL REMAIN UNCHANGED OR ACCESSIBLE ON THE CITY DME 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 CITY DME 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 CITY DME WEBSITES AND/OR ANY CITY DME CONTENT; (ii) FROM ANY INTERRUPTION IN THE AVAILABILITY OF THE CITY DME WEBSITES AND/OR CITY DME 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 CITY DME WEBSITES, OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE CITY DME WEBSITES; (v) FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (vi) FROM STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE CITY DME WEBSITES; (vii) FROM ANY DELAY OR FAILURE OF THE CITY DME WEBSITES ARISING OUT OF CAUSES BEYOND THE CITY DME’S CONTROL; (viii) OUT OF THE USE OF, REFERENCE TO, OR RELIANCE ON, THE CITY DME CONTENT; (ix) OUT OF ANY THIRD PARTY MATERIALS, INFORMATION, PRODUCTS AND SERVICES CONTAINED ON, OR ACCESSED THROUGH, THE CITY DME 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 CITY DME WEBSITES OR CITY DME CONTENT. In the event you are dissatisfied with, or dispute, these Terms of Use, the City DME websites and/or the City DME Content, your sole right and exclusive remedy is to terminate your use of the City DME websites, even if that right or remedy is deemed to fail of its essential purpose. You confirm that City DME 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 CITY DME’S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

16. Indemnification. You agree to indemnify, defend, and hold harmless City DME, 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 City DME 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. Good Care 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. City DME 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 City DME websites and shall continue throughout use. City DME reserves the right, with or without notice, at any time and for any reason to deny you access to the City DME 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 City DME 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 City DME websites, including any City DME 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 City DME websites, and iv) any products and services accessed or purchased through the City DME 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. City DME 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 City DME 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 City DME 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 City DME relating to the City DME websites and its use by you, and supersedes any previous written or oral communication regarding use of the City DME 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 City DME 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 City DME websites and City DME Content outside of the United States. Please view City DME’s Privacy Policy regarding specific regulation for out of New York State access users and users outside of the United States. City DME makes no claims regarding access or use of the City DME websites or the City DME Content outside of the United States. If you use or access the City DME websites or the City DME 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. City DME 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. City DME 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 City DME websites may allow you to view or learn information related to certain health topics. Due to the nature of this website, City DME 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 City DME. 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 City DME Websites’ Terms of Use, please contact us at info@citydme.com.