Version: 2 Revised: 6/28/2023
OVERVIEW

This website is operated by MobilDrTech, Inc. Throughout the site, the terms “we”, “us” and “our” refer to MobilDrTech, Inc. We offer this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. 

By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink, including purchase order terms agreed to by us and any terms included by us in a request for proposal, or quotation as applicable. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. 

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service. Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes. 

Our store may use third-providers e-commerce platforms to deliver its products and services to you. Those providers may hold information on their servers such as your name, email address, shipping address, etc., which may be visible to us to fulfill your orders. These third-party service providers are separately responsible for the personal information received and solely responsible for the procedures they put in place.

SECTION 1 - ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site. You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to
copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services.

All purchases are subject to our Shipping and Return Policy, below. Please note that credit card refunds may take up to 10 business days for your bank to complete, depending on their processing times. This can vary greatly between credit card issuers. We are not liable for any delay in processing credit card transactions or refunds.

SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time. 

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. 

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us. 

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 – QUOTATIONS

The prices set in any quotation are in United States Dollars. Nothing set forth in any purchase order submitted by you shall amend or modify quoted prices, quantitates, or the scope of products or services offered unless such modification or addition is agreed to in writing by us prior to submission of a purchase order. 

The prices are exclusive of any taxes (including, without limitation, sales, use, value added, goods and services, business, property (real or personal, tangible or intangible), license, documentation, registration, import, export, excise, franchise, stamp, or other tax), custom fees or tolls, levy, impost, withholding, fee, duty or other charge of any nature imposed by any governmental authority or other tax authority in any jurisdiction, and any and all fines, penalties, additions to tax, interest and other charges relating thereto (collectively, “Taxes”). All Taxes shall be paid by you in addition to the price. If any payment by you is subject to withholding tax, you agree to increase the amount of any payment which is subject to a withholding or pay an additional amount as is necessary to ensure that MobilDrTech, Inc. receives the same amount it would have received if there had been no withholding. Customer shall deliver any certifications and other documents required to demonstrate eligibility and to benefit from any exemption or other relief from any Tax.

SECTION 4 – ACCEPTANCE OF PURCHASE ORDERS

Sales of any goods or any related services referenced in a written purchase order to us is expressly conditioned upon the terms and conditions set forth within MobilDrTech, Inc.’s Purchase Order Terms & Conditions, below. Other than as specifically provided in a separate written agreement between us, any additional or different terms specified or referenced in your purchase order are hereby excluded and shall not be deemed effective or binding unless expressly agreed to in writing by an authorized representative of MobilDrTech, Inc. No purchase order placed by you shall be deemed accepted unless or until MobilDrTech, Inc. issues a written acknowledgement. Any amendment, change order, revision, or termination to an already-accepted purchase order shall be subject to acceptance by our authorized representative.

SECTION 5 – PURCHASE ORDER TERMS & CONDITIONS

Section 5.1 - Deliveries: 

Unless otherwise agreed upon in a purchase order between us, products will be delivered F.O.B. origin and risk of loss or damage to products shall pass to you at the time the products are delivered to the common carrier.

Section 5.2 - Payment Schedule: 

You agree to pay us the fees listed in the purchase order, as well as any applicable Taxes and fees associated with the products and services. Our determination of costs and expenses shall be final. Please be aware that the Tax rules may vary based on your shipping address or the jurisdiction in which the product is being delivered. It is your responsibility to ensure compliance with any applicable Tax laws and regulations, and you hereby acknowledge that any additional Tax amounts will be your sole responsibility and that you may be required to pay Tax directly to your tax authority in your jurisdiction.

Unless otherwise agreed to in a purchase order between us, payment shall be due within thirty (30) days of the date of invoice, except where you are a reseller of the goods, in which case, we require payment up front. If a payment made by you fails to process, is declined, or bounces, we reserve the right to impose a $50 failure charge.

Section 5.3 - Delayed Payment: 

If your payment is not paid by the due date, or if your credit/debit card is declined, a 10% “delayed payment” fee will be charged. An additional 10% fee will be added upon each recurring 30-day period until the full amount has been received by us. The fee is enforceable at our sole discretion and if limited by law, the highest legal fee shall apply. If you fail to remit any payment specified, we reserve the right to stop future deliveries or work and/or terminate our services. Termination will not limit our ability to enforce the payment terms of these Terms of Service.

Section 5.4 – Changes to Scope: 

No modifications or amendments to a purchase order shall be effective unless expressly agreed to by you and us in writing. Unless otherwise stated therein, any such modification or amendment shall remain subject to these Terms of Service.

Section 5.5 – Valuation and Acceptance: 

You shall immediately, or at most, within 15 days of delivery of products, notify us in writing of any objections, corrections, or changes required to the products. If you do not inform us within 15 days of receiving a delivery, then it shall be assumed that you have accepted the products and no refunds, credits, etc. shall be honored. If you notify us within 15 days of delivery of a defect, then we will work with you to correct the issue.

Section 5.6 – Termination of Orders: 

If you wish to cancel any order, you must do so within 24 hours from the time you submit your order and prior to shipment, whichever comes first. For reoccurring orders, you will still be responsible for the cost of the next delivery if cancellation is within fifteen (15) days of the next scheduled delivery. If you terminate an order and with to reactivate it, you will be subject to a new purchase order which may be subject to new terms and fees.

We may immediately terminate the services, in our sole discretion, and without liability, if MobilDrTech, Inc. is dissolving its operations or no longer offers the products ordered; if you, in our sole discretion have breached these Terms of Service; or if either you or we declare bankruptcy. If we terminate an order or orders for any reason, other than breach of these Terms of Service or dissolution or bankruptcy, then you will be reimbursed for any outstanding orders and deliveries shall immediately cease. Termination does not limit our ability to enforce these Terms of Service in law or in equity in the case of your breach.

Section 5.7 – Communication: 

The majority of communications between us and you are normally via email, which helps both parties keep track of specific requirements and potential changes. Changes and notices are valid upon confirmation of receipt, except as otherwise provided in these Terms of Service.

Section 5.8 – Disclaimer of Warranty: 

OTHER THAN APPLICABLE MANUFACTURES’ WARRANTIES BETWEEN YOU AND THE MANUFACTURER, ALL PRODUCTS ARE SOLD “AS IS.” MOBILDRTECH, INC. DISCLAIMS ALL WARRANTIES OF QUALITY, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR PARTICULAR PURPOSE UNLESS EXPRESSLY AGREED TO IN A PURCHASE ORDER.

Section 5.9 – Force Majeure: 

Any delay or failure to perform any delivery by us caused by conditions beyond the reasonable control of us shall not be considered a material breach and will result in a rescheduling of deliveries without liability or we may terminate a delivery and refund you. We shall use reasonable efforts to notify you, in writing, of a delay. Conditions beyond the reasonable control of Company include, but are not limited to, unplanned hospitalization, death, natural disasters, acts of government after the date of submission of the purchase order and these Terms of Service, power failure, fire, flood, acts of God, labor disputes, riots, acts of war, terrorism and epidemics and any other act in which Company could not have reasonably anticipated or avoided. Client cancellations shall be subject to the termination policy above.

SECTION 6 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 7 - MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 8 - PRODUCTS OR SERVICES

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Shipping and Return Policy, below.

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction allowed by law. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 9 – TRIAL UNITS

We are not obligated to provide any products on a trial basis and unless otherwise set forth in writing all goods are sold pursuant to the Terms of Service. Where we agree to provide goods to you on a trial basis in writing, the following terms shall apply unless expressly modified in writing accepted by an authorized representative of MobilDrTech, Inc.

Trial equipment shall be returned during or at the end of a thirty day period from the date provided by us in the original packaging and in good working condition using the return shipping label proved by us.

If the equipment is not returned by the end of such period, you agree to pay us the manufacturer suggested retail price for any items provided.

You agree to pay to repair or replace the equipment provided for items returned in a damaged state or without the original packaging, the amount for which shall not exceed the manufacturer’s suggested retail price for the items.

SECTION 10 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

SECTION 11 – SHIPPING & RETURNS

Section 11.1 – Turnaround: 

All orders are shipped within 48 hours of order placement, Monday – Friday, 8am – 5pm. Orders received after normal business hours will be processed the next business day. Any orders placed by end of day Monday will arrive no later than Friday afternoon.

Section 11.2 – Carriers: 

We use the following carriers to deliver our orders: FedEx; UPS; USPS. The usual shipping method is FedEx Express Saver with scheduled delivery by 4:30 pm on the third day after the shipping day. Expedited shipping is available for an additional charge.

Section 11.3 Order Tracking: 

If a tracking number is provided by the shipping carrier, we will update you with the tracking information. Please note that some orders using 1st Class USPS mail will not have tracking numbers.

Section 11.4 – Shipping Rates: 

The rate charged for the shipping of your order is based on the weight of your products, and your location. Before the final checkout, you will be shown what the cost of shipping will be, and you will have a chance to cancel your order if you wish.

Section 11.5 - Back Orders: 

If an item goes on backorder we will reach out to you to determine if you would like us to ship you the portion of your order that is in stock. When the backorder situation clears, we will then ship you the remainder of your order.

Section 11.6 – How to Return an Item: 

Opened or used equipment is non-refundable. All items eligible for return must be returned within 30 days of purchase, unless there is a manufacturing defect covered by an applicable manufacturers’ warranty. Products with manufacturing defects may be returned for replacement anytime within one year.

1. Please email support@mobildrtech.com to request a return, if approved we will assign
you an RMA number and provide additional instructions for returning the item.

2. Include in the return package a signed letter stating the reason for your return
and a copy of your original invoice or receipt.

Section 11.7 – Return Exceptions: 

Your item must be in its original unused and unopened condition to be returned. Opened or used equipment is non-returnable. Merchandise that has been worn, used, altered, or damaged will not be accepted for return or exchange.

Section 11.8 – Restocking Fee: 

All items are subject to a 10% restocking fee, this will be deducted from your refund. Approved refunds will cover the original purchase price less restocking fees and applicable Taxes only. Original shipping and handling charges are not refundable.

Section 11.9 – Exchanges: 

If you ordered the wrong item by mistake and would like to exchange it, you may do so, provided the product you are exchanging is still in new, unopened condition. You will not be subject to a restocking fee in this case, but shipping charges for the new item will apply.

SECTION 12 - OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 13 - THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 14 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, "comments"), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 15 - PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy.

SECTION 16 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 17 - PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 18 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided "as is" and "as available" for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall MobilDrTech, Inc., our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

Excluding MobilDrTech, Inc.’s gross negligence, willful misconduct, or breach of applicable law, in no event will the aggregate liability of MobilDrTech, Inc. to you or any third party arising out of or related to your purchase, whether arising under or related to breach of contract, tort (including negligence), strict liability or any other legal or equitable theory, exceed the total amounts paid and the amounts by you to MobilDrTech, Inc. in the preceding twelve (12) months. The foregoing limitations apply even if any remedy fails of its essential purpose.

SECTION 19 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless MobilDrTech, Inc. and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 20 – DISPUTE RESOLUTION

These Terms of Service are made under the laws of the Commonwealth of Pennsylvania. The parties agree that any controversy or claim arising out of or relating to, or a breach of, these Terms of Service shall be submitted to AAA arbitration. All arbitration hearings, and all judicial proceedings to enforce any of the provisions of these Terms and Conditions shall take place in Allegheny County Pennsylvania. The hearing before the arbitrators of the matter to be arbitrated shall be at the time and place within the County as selected by the arbitrators. The arbitrators shall hear and determine the matter and shall execute and acknowledge their award in writing and deliver a copy to each of the parties by registered or certified mail. The parties further agree to abide by and perform any award rendered by the arbitrator(s), and that a judgment of the court having jurisdiction may be entered on the award. Should we be
successful in any arbitration, you shall bear the costs of such arbitration.

SECTION 21 - SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 22 - TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment, you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 23 - ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). The terms and conditions of any quotation, offer, acknowledgement, invoice, or similar document, however designated, directly or indirectly made or issued by you
shall not apply.

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 24 - GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws applicable to 322 N Shore Dr, Pittsburgh, Pennsylvania, United States.

SECTION 25 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 26 - CONTACT INFORMATION

We can be reached at support@mobildrtech.com or by telephone at 412.643.1203