Terms and Conditions

The following Terms and Conditions govern your access to or use of this website, any related of affiliated application or website, and any products or services contained or offered in connection with this application or website (altogether the “Website”). It is understood that Practice Depot is owned and operated by Practice Depot, LLC, collectively referred to as “PD”.

By using this Website or submitting any information, communication, or content to us in any way, you accept and agree to all these Terms and Conditions which form a legally binding agreement between you and PD and/or our affiliated and applicable businesses. In addition to these terms, you hereby agree that you have read, understood, accepted and agree to our Marketplace Agreement and Privacy Policies.

General Use: The user of the site or any affiliated site is your responsibility. We reserve the right to alter or adjust these Terms and Conditions and any agreement, from time to time as deemed necessary without notification. All adjustments are to be deemed effective immediately unless otherwise noted. Your continued use and interaction with our website through various mediums including but not limited to social media posts, website browsing, and mobile application devices and advertisements, are deemed to be an understanding, acceptance, and agreeance to the updated Terms and Conditions.

Copyright Information: This Website and its content may contain proprietary notices and copyright information owned by PD or others, the terms of which must be observed and followed. To the extent any information, text, articles, data, images, documents, software, or other materials (altogether “Materials”) within this Website are copyrighted by any third party (“Copyright Holder”), title to such copyright will at all times remain with the Copyright Holder. Nothing in this Website confers any license of any Copyright Holder’s intellectual property rights, by implication or otherwise. You agree to use this Website and the Materials, services, and products on this Website only for lawful purposes. PD may revoke any of the foregoing rights, as well as any access or authorization, at any time for any reason in its sole discretion. If you believe your work has been copied in a way that constitutes copyright infringement, please provide the Copyright Agent below all information required by the Online Copyright Infringement Liability Limitation Act, 17 U.S.C. § 512. For notice of claims of copyright infringement related to this Website, the Copyright Agent can be reached as follows:

PRACTICE DEPOT, LLC

ATTN: COMPLIENCE

14350 N FRANK LLOYD WRIGHT BLVD

SUITE 16

SCOTTSDALE, AZ 85260

Notice Regarding Ownership Materials: Permission to display, copy or download any Material on this Website is granted subject to the following: (a) the copyright notice set forth on the Material must remain; (b) use or reproduction of the Material must be for informational or personal use only; (c) must follow the guidelines set forth in the Copyright Information section of these Terms and Conditions and (d) no modifications of the Material may be made. The reproduction, distribution, or use of any elements of Practice Depot outside of the scenarios stated above is strictly prohibited. In addition to the limitations stated above, you are expressly prohibited from using any software or automated means or devices to monitor, download, copy, access or distribute in whole or in part any contents from this website. The exceptions of which are granted to search engines that use such information to gather and display information for the benefit of this Website and advertisement on the Website.

Disclaimers and Limitation on Liability: A. DISCLAIMER OF WARRANTIES. THE CONTENTS OF THIS WEBSITE ARE PROVIDED “AS IS,” AND PD MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO THE WEBSITE OR ITS CONTENTS. PD DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, COMPLETENESS, AND NON-INFRINGEMENT. B. DISCLAIMER OF ACCURACY. PD DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE ON THIS WEBSITE IS ACCURATE, COMPLETE OR CURRENT. THIS WEBSITE MAY CONTAIN TYPOGRAPHICAL ERRORS, MISCATALOGUED INFORMATION, OR TECHNICAL INACCURACIES. ADDITIONALLY, THIS WEBSITE MAY CONTAIN INFORMATION PROVIDED BY THIRD PARTIES. PD MAKES NO REPRESENTATION OR WARRANTY REGARDING THE ACCURACY, COMPLETENESS, TRUTH, QUALITY, SUITABILITY OR RELIABILITY OF SUCH INFORMATION, NOR IS IT RESPONSIBLE FOR ANY ERRORS, OMISSIONS, OR INACCURACIES CONTAINED IN SUCH INFORMATION. PD RESERVES THE RIGHT TO CHANGE OR DELETE ITS CONTENT OR ANY PART THEREOF WITHOUT NOTICE, INCLUDING ANY PRICING OR AVAILABILITY INFORMATION. BEFORE YOU USE ANY SUCH CONTENT PROVIDED ON THIS WEBSITE OR ANY AFFILIATED WEBSITE, IT IS HIGHLY ENCOURAGED TO CONTACT THE OWNER OF THE INFORMATION OR AN INDEPENDENT PROFESSIONAL TO CONFIRM THE INFORMATION PROVIDED IS BEING REPRESENTED ACCURATELY. C. LIMITATION ON LIABILITY. NEITHER PD NOR ANY OF ITS AFFILIATES, MEMBERS, DIRECTORS, EMPLOYEES, OR OTHER REPRESENTATIVES WILL BE LIABLE FOR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OR OPERATION OF THIS WEBSITE OR ANY INFORMATION, PRODUCTS OR SERVICES CONTAINED HEREIN, INCLUDING THE MATERIALS. THIS LIMITATION OF LIABILITY APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, INDIRECT, INCIDENTAL, SPECIAL AND CONSEQUENTIAL DAMAGES, LOSS OF DATA, INCOME, PROFIT OR GOODWILL, LOSS OF OR DAMAGE TO PROPERTY, AND CLAIMS OF THIRD PARTIES. YOU HAVE SOLE RESPONSIBILITY FOR ADEQUATE PROTECTION AND BACKUP OF DATA OR EQUIPMENT USED IN CONNECTION WITH THIS WEBSITE AND AGREE NOT TO MAKE ANY CLAIM AGAINST PD FOR LOST DATA, RE-RUN TIME, INACCURATE OUTPUT, WORK DELAYS, LOST PROFITS, OR OTHER DAMAGES.

Links to Third Party Sites: Other applications or websites that are accessible through any link on this Website are not under the control of PD. You visit or use such sites entirely at your own risk and PD will not be responsible or liable for any damages or injury arising from the content or use, reliance on or access to such third-party sites. PD is not responsible for the content of any such sites, does not endorse such sites, and does not endorse or recommend in any way the products or services available on such sites.

Financing, Insurance, and Transportation: There may be links on the Website to other websites that are affiliated with us, operated by us, or a third-party provider. These links are only provided out of convenience to you, the user and in no way binds or obligates you to utilize their services. In consideration of providing the links on the site, we may receive a fee from any affiliate or third-party if you choose to use those services. PD will not be liable for any acts or omissions of any such affiliate or third-party who you choose to use at your own discretion and risk.

Account Information: As a member of this Website, you acknowledge and accept full responsibility for maintaining the confidentiality of your account credentials, including your password, and for ensuring that access to your computer or device is restricted accordingly. You further agree that any and all actions conducted under your account or password are your sole responsibility. Should you become aware of any unauthorized use of your account or password, or any other security breach, you are obligated to notify us immediately. Please note, you may be held liable for any damages or losses sustained by us or any other users or visitors to the Website resulting from the misuse of your account or password by a third party. You must be at least eighteen (18) years of age or the minimum age required by law and possess a valid credit card to purchase products or services, or to engage in transactions on this Website as a seller. We reserve the right, at our sole discretion, to refuse service, terminate accounts, remove or modify content, and cancel orders as deemed necessary.

Data Collection, Use, and Security: Any Personal or Identifiable Information (PII) that is provided by you to our site via this Website, social media, or any other electronic communication to PD is governed by our Privacy Policy. By continuing the use of this Website, you acknowledge that you have read and understood the information contained in the Privacy Policy, and agree to the Terms and consent to our data collection and use practices. PD feels that we have established a reasonable safeguard utilizing the most up-to-date security protocols and practices to prevent the unauthorized access of the information that is collected throughout our site. While all reasonable efforts have been made, it is virtually impossible to ensure that all information, including but not limited to personal, private, and payment information is completely secure during the transmission and storage of such information. By using this Website, you acknowledge and accept such risks and agree to indemnify Practice Depot, LLC and its affiliates from any losses or damages that may arise from such unauthorized access or breach.

User Input: Unless otherwise provided herein, any communication or feedback with regard to this Website or its contents transmitted by a user of this Website via electronic mail or otherwise, including any data, questions, or comments, shall be deemed to be non-confidential and PD has no obligation of any kind with respect to such information and is free to reproduce, use, disclose, and distribute the information to others without limitation. PD is also free to use any ideas, concepts, know-how, or techniques contained in such information for any purpose, including, without limitation, publication on this Website and developing, manufacturing, and marketing products. PD has no obligation to compensate the contributor of such information in any manner. All users represent and warranty that the information they respectively post is true and accurate to the best of their abilities and any information provided fraudulently and/or to intentionally harm, injure, or damage a person or entity can be punished criminally and civilly. By posting or submitting any information through our site or affiliated site, you hereby acknowledge and agree that PD did not in any way misappropriate or misuse any of the information provided through your submission.

Communication Services: There may be several methods of communications available throughout the Website from time to time including, but not limited to electronic mail, messaging services, forms, forums, and chats. The intention of the site is to create the medium for a buyer to promote a machine to sell and the seller to be able to communicate to the buyer, both on and off the Website. We cannot and will not review every post made by a user and we do not guarantee the accuracy of any posting. Once communication has been made outside of the Website, PD cannot provide, retrieve, or verify any information and you acknowledge and agree that PD cannot and will not be held liable for any information discussed between users and members both on and off the Website. You as the sender of any information are solely responsible for the truthfulness, accuracy and legality of the information provided. You explicitly agree not to post or submit to PD through any Communication Service provided any content that (i) violates or infringes in any way upon the rights of others, (ii) is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, or (iii) encourages conduct that would constitute a criminal offense, gives rise to civil liability or otherwise violates any law. You also agree not to (i) post or transmit through the Website, any material that contains advertising or any solicitation with respect to products or services without PD’s prior written consent, or (ii) use the Website to advertise or perform any commercial solicitation of users to become subscribers of other online services.

Release: In the event of any dispute between one or more users of the Website, including but not limited to third-party visitors or providers of third-party websites or applications linked to our Website, you hereby irrevocably release and discharge PD, its affiliates, officers, employees, agents, licensors, licensees, and any other indemnified parties from all claims, demands, actions, liabilities, costs, and expenses of any kind, whether known or unknown, arising from or related to such dispute. This release is made to the fullest extent permitted by Arizona law. You specifically waive the protections of any statute, including Section 1542 of the California Civil Code, or any other law that would otherwise limit this release to claims known or suspected at the time of this agreement.

Zero-Tolerance Policy: PD is committed to maintaining a secure and respectful environment for users. By accessing or using the Website, users expressly agree to comply with our zero-tolerance policy against prohibited conduct or content, including any actions or material that is unsafe, illegal, fraudulent, or threatening. Prohibited activities and content include, but are not limited to, the following:

Violence and Threats: Any content that depicts, promotes, or incites violence, physical harm, threats, harassment, or bullying is strictly prohibited.
Hate Speech and Discrimination: Material that promotes hatred, discrimination, or harm toward individuals or groups based on race, ethnicity, religion, sexual orientation, gender identity, disability, or nationality is not permitted.
Dangerous or Illegal Activities: Content promoting or depicting illegal activities, such as drug use, underage drinking or smoking, weaponry tutorials, reckless driving, animal abuse, or other unlawful conduct, is expressly forbidden.
Sexual Content and Exploitation: Any form of nudity, sexual content, sexually suggestive material involving minors, or other content involving child exploitation will not be tolerated.
Graphic or Disturbing Material: Shocking, gory, or excessively graphic content that is disrespectful or sensationalist in nature is prohibited.
Fraud and Deceptive Practices: Any content or actions intended to deceive, including fraudulent listings, false advertising, or scams, are strictly forbidden.
Copyright and Intellectual Property Violations: All users must respect the intellectual property rights of others; unauthorized use of copyrighted or proprietary material is not allowed.

The PD staff rigorously monitor, and review flagged content, removing any material that contravenes these guidelines. Violations of these rules will result in immediate and non-negotiable action, which may include content removal, account suspension, or permanent termination without refund. Additionally, any conduct or content that is deemed unsafe, illegal, or threatening will be reported to the appropriate local authorities for further investigation and potential legal action. Users are encouraged to report any violations of these Terms to uphold the integrity and security of our community.

Taxes and Laws: You agree and understand that PD and/or its affiliates are not responsible for determining if and what tax rates and/or laws should apply to a specific transaction and what information should and should not be reported to the appropriate tax authority or governing body. You further understand and agree to abide by all local, state, and federal laws, rules and regulations applicable to the use of the Website, affiliated websites, tools and services provided. You agree and acknowledge that PD is not a party to any transaction between users and assume no liability for any legal or regulatory compliance issues that may arise out of such transaction. We will lawfully comply will all requests from governmental agencies and investigators should we choose at our own discretion. PD do not provide tax or legal advice, and nothing contained on this Website should be construed as such. You should always consult with your accountant or attorney before entering into any agreement to accurately assess your situation

Arbitration: All claims, disputes, and controversies arising out of or related to this Agreement, including any question regarding its existence, interpretation, performance, validity, or termination, shall first be subject to binding arbitration as the exclusive means of dispute resolution, except for claims seeking injunctive relief or other equitable remedies. Prior to initiating arbitration, the Party making a claim (“Claimant”) shall provide the other Party (“Respondent”) with written notice of the claim, describing the nature of the dispute and any requested relief. Upon receipt of such notice, the Respondent shall have 60 days from the date of receipt to address or remedy the claim. The notice shall be sent via certified mail to the Respondent’s principal place of business or another address designated by the Respondent. If the Parties are unable to resolve the claim within the specified period, the claim shall be submitted to arbitration administered by the American Arbitration Association (AAA) or another mutually agreed-upon arbitration provider. The arbitration shall be conducted in accordance with the AAA Commercial Arbitration Rules or the rules of the selected provider. This arbitration agreement and any arbitration conducted hereunder shall be governed by and interpreted under the laws of the State of Arizona. The arbitration shall take place in Phoenix, Arizona, unless otherwise agreed upon by the Parties.

Governing Law and Jurisdiction: Any action, proceeding, dispute, claim or controversy arising out of or relating to this Website or these Terms and Conditions, or any PD products or services offered on or accessed via this Website, shall (i) be governed by Arizona law and controlling U.S. federal law, without application of any choice of law rules and (ii) be subject to the exclusive jurisdiction of the state and federal courts of Arizona, and you hereby submit to the jurisdiction and venue of said courts.

Force Majeure: Provider shall not be held liable for any delay or failure in performance caused by events beyond its reasonable control, including but not limited to natural disasters, war, government actions, acts of terrorism, labor strikes, internet failures, or technical issues. Provider shall use commercially reasonable efforts to resume performance as soon as possible following any force majeure event.

Indemnification: You agree to defend, indemnify, and hold harmless PD, its members, officers, directors, employees, agents, affiliates, and representatives from and against all claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your breach of the Terms and Conditions.

Assignment: PD, at its discretion, reserves the right to assign or transfer this Agreement, whole or in part, to any successor, affiliate, or third party in the event of a merger, sale, acquisition, or other business reorganization, without prior written consent.

Termination: PD may terminate these Terms and Conditions, and all matters related to them, including the Website itself and any or all access to it, at any time without notice. Upon termination, you agree to cease all use of the Website. Without limiting the foregoing, PD has the right to immediately terminate your access to the Website, or any portion of it, for any reason and in particular for any conduct by you or on your account that PD, in its sole discretion, considers unacceptable or in breach of the Terms and Conditions.

Complete Agreement: These Terms and Conditions along with the Marketplace Agreement, Privacy Policies represent the agreements and understanding between PD and any user relating to the matters addressed herein and prevail over any prior understanding or communication. PD has the right to revise its Terms and Conditions at any time by posting revised Terms and Conditions on the Website. Any use of the Website after such posting constitutes acceptance of the revised Terms and Conditions by the user.