Our Terms of Use

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE. BY ACCESSING OR USING MEDBUDDY.ORG, YOU AGREE TO BE BOUND BY THESE TERMS OF USE AND ALL APPLICABLE LAWS AND REGULATIONS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THIS SITE.

These Terms of Use (“Terms”) govern your access to and use of MedBuddy.org and all related subdomains, pages, content, products, and services (collectively, the “Site”) operated by MedBuddy® (“MedBuddy,” “we,” “us,” or “our”). These Terms constitute a binding legal agreement between you and MedBuddy®.

Contents

1. Acceptance of Terms
2. Eligibility
3. Changes to These Terms
4. Use of the Site
5. User Accounts
6. Products and Purchases
7. User Content
8. Intellectual Property
9. Medical Disclaimer
10. Disclaimer of Warranties
11. Limitation of Liability
12. Indemnification
13. Third-Party Links and Services
14. Privacy
15. Governing Law and Dispute Resolution
16. Class Action Waiver
17. Termination
18. Severability
19. Entire Agreement
20. Contact Information

1 – Acceptance of Terms

By accessing or using the Site, you confirm that you are at least 18 years of age (or the age of majority in your jurisdiction), that you have read and understood these Terms, and that you agree to be legally bound by them. If you are using the Site on behalf of an organization, you represent that you have the authority to bind that organization to these Terms, and “you” refers to both you and the organization.

2 – Eligibility

The Site is intended for use by adults who are parents, guardians, healthcare professionals, or other persons with a legitimate interest in MedBuddy® products and services. The Site is not directed to children under the age of 13. You may not use the Site if you are barred from doing so under the laws of the United States or any other applicable jurisdiction.

3 – Changes to These Terms

We reserve the right to modify these Terms at any time at our sole discretion. When we make material changes, we will update the effective date at the top of this page and, where appropriate, notify you by email or by posting a prominent notice on the Site. Your continued use of the Site after any changes constitutes your acceptance of the revised Terms. We encourage you to review these Terms periodically.

4 – Use of the Site

4.1 Permitted Use

You may use the Site for lawful purposes only, in accordance with these Terms and all applicable local, state, national, and international laws and regulations. You may access and use the Site for personal, non-commercial purposes, unless expressly authorized otherwise by MedBuddy®.

4.2 Prohibited Conduct

You agree not to:

• Use the Site in any manner that could damage, disable, overburden, or impair its infrastructure or interfere with any other party’s use.
• Use automated tools, bots, scrapers, or crawlers to access, monitor, or copy any content on the Site without our express written consent.
• Attempt to gain unauthorized access to any portion of the Site, its related systems, or networks.
• Use the Site to transmit any unsolicited commercial communications, spam, malware, or harmful code.
• Impersonate any person or entity, or falsely state or misrepresent your affiliation with any person or entity.
• Collect or harvest personal information from other users of the Site.
• Use the Site to engage in any fraudulent, deceptive, or misleading conduct.
• Reproduce, duplicate, copy, sell, resell, or exploit any portion of the Site or its content without our express written permission.
• Post or transmit any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, obscene, or otherwise objectionable.
• Violate any applicable laws, including those governing privacy, intellectual property, and data protection.

5 – User Accounts

Certain features of the Site may require you to create a user account. You agree to provide accurate, current, and complete information during registration and to keep your account information updated. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately at ClientSupport@MedBuddy.org of any unauthorized use of your account. MedBuddy® is not liable for any loss or damage arising from your failure to protect your account credentials.

We reserve the right to suspend or terminate your account at any time, with or without notice, for conduct that we determine, in our sole discretion, violates these Terms, is harmful to other users, or is otherwise objectionable.

6 – Products and Purchases

We do not sell your personal information to third parties. We may share your information in the following limited circumstances:

6.1 Product Information

We make reasonable efforts to display accurate descriptions, images, and pricing for products available on the Site. However, we do not warrant that product descriptions, pricing, or other content is accurate, complete, reliable, current, or error-free. In the event of a pricing error, we reserve the right to cancel any orders placed at the incorrect price.

6.2 Orders and Payment

By placing an order on the Site, you represent that you are authorized to use the payment method you provide. All purchases are subject to availability and confirmation. We reserve the right to refuse or cancel any order at any time for any reason, including suspected fraud or unauthorized purchases. Payment is processed through our third-party payment processor and is subject to their terms and security practices.

6.3 Shipping and Delivery

Shipping, delivery timeframes, and associated costs are described on the Site at checkout and in our Shipping Policy. We are not responsible for delays caused by carriers, customs, natural disasters, or other circumstances outside our reasonable control.

6.4 Returns and Refunds

All returns and refunds are governed by our Return Policy, available at MedBuddy.org/returns. By making a purchase, you agree to the terms of our Return Policy.

6.5 Product Safety

MedBuddy® products are intended for use with children under adult supervision and in accordance with the product instructions. MedBuddy® products are classified as FDA Class 1 exempt devices. They are medical device accessories and do not administer medication or constitute medical devices under applicable regulatory definitions. Always consult a licensed medical professional for medical advice.

7 – User Content

The Site may allow you to submit written content, photographs, videos, testimonials, reviews, and other materials (“User Content”). By submitting User Content, you grant MedBuddy® the rights described in our User Content Submission Agreement & Rights Release, which is incorporated into these Terms by reference and available at MedBuddy.org/submission-agreement.
You represent and warrant that your User Content: (a) is your original work or you have all necessary rights to submit it; (b) does not infringe on any third party’s rights; (c) is accurate and not misleading; and (d) complies with all applicable laws. MedBuddy® reserves the right to remove, edit, or decline any User Content at its sole discretion, without liability.

8 – Intellectual Property

8.1 Our Intellectual Property

The Site and all of its content, including but not limited to text, graphics, logos, icons, images, audio clips, video clips, software, and data compilations (“Site Content”), are the property of MedBuddy® or its content suppliers and are protected by United States and international intellectual property laws, including copyright, trademark, and patent law.

MedBuddy®, MedBuddy® logo, Cure the Fear™, Providing Child Comfort in Healthcare™, and related marks are trademarks or registered trademarks of MedBuddy®. You may not use these marks without our express prior written permission. MedBuddy® products are protected by U.S. Patent 10,427,060 B2.

8.2 Limited License

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Site and its content for your personal, non-commercial purposes in accordance with these Terms. You may not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, or transmit any Site Content without our express prior written consent, except as follows: your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials, and you may print or download one copy of a reasonable number of pages for your own personal, non-commercial use.

8.3 DMCA Notice

If you believe that any content on the Site infringes your copyright, please send a DMCA notice to Webmaster@MedBuddy.org with the subject line “DMCA Notice.” Your notice must include: (a) a description of the copyrighted work you claim has been infringed; (b) the URL where the allegedly infringing material is located; (c) your contact information; (d) a statement of good faith belief; and (e) a statement that the information in your notice is accurate and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

9 – Medical Disclaimer

MedBuddy® products are medical device accessories classified as FDA Class 1 exempt devices. They are designed to provide distraction and comfort to children during injection procedures and do not administer medication, diagnose conditions, or constitute medical devices as defined by the U.S. Food and Drug Administration.

The information provided on this Site, including any references to research, clinical studies, pediatric pain management, vaccine schedules, and related topics, is for general informational and educational purposes only. It is not intended as, and does not constitute, medical advice, diagnosis, or treatment recommendations. Always consult a qualified healthcare professional for medical advice specific to your child’s needs.
MedBuddy® does not guarantee that use of its products will eliminate or substantially reduce injection-related fear or anxiety in all children. Individual results may vary. MedBuddy® products are intended to be used as a supplemental comfort tool and do not replace professional medical judgment or clinical decision-making.

Nothing on this Site creates a healthcare provider-patient relationship between MedBuddy® and any user.

10 – Disclaimer of Warranties

THE SITE AND ALL CONTENT, PRODUCTS, AND SERVICES PROVIDED THROUGH OR IN CONNECTION WITH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. MEDBUDDY® DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MEDBUDDY® DOES NOT WARRANT THE ACCURACY, COMPLETENESS, RELIABILITY, OR TIMELINESS OF ANY CONTENT ON THE SITE.

Some jurisdictions do not allow the exclusion of implied warranties. In such jurisdictions, the above exclusions may not apply to you to the extent prohibited by law.

11 – Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MEDBUDDY®, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH: (A) YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SITE; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SITE; (C) ANY CONTENT OBTAINED FROM THE SITE; OR (D) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF MEDBUDDY® HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL MEDBUDDY®’S TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE SITE EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID TO MEDBUDDY® IN THE SIX (6) MONTHS PRECEDING THE CLAIM; OR (B) ONE HUNDRED U.S. DOLLARS ($100.00).

Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages. In such jurisdictions, the above limitations may not apply to you to the extent prohibited by law.

12 – Indemnification

You agree to defend, indemnify, and hold harmless MedBuddy®, its officers, directors, employees, contractors, agents, licensors, and successors from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to: (a) your use of or inability to use the Site; (b) your violation of these Terms; (c) your violation of any applicable law or the rights of any third party; or (d) any User Content you submit to the Site. MedBuddy® reserves the right to assume exclusive defense and control of any matter subject to indemnification by you, in which event you will cooperate with MedBuddy® in asserting any available defenses.

13 – Third-Party Links and Services

The Site may contain links to third-party websites, resources, or services that are not owned or controlled by MedBuddy®. We provide these links for your convenience only. MedBuddy® has no control over and assumes no responsibility for the content, privacy policies, practices, or availability of any third-party websites or services. We encourage you to read the terms and privacy policies of any third-party websites you visit. Your interactions with third-party websites are governed solely by their terms.

14 – Privacy

Your use of the Site is also governed by our Privacy Policy, available at MedBuddy.org/privacy, which is incorporated into these Terms by reference. By using the Site, you consent to the collection and use of your information as described in the Privacy Policy.

15 – Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of [STATE], without regard to its conflict of law provisions.

15.1 Informal Resolution

Before filing any formal legal claim, you agree to contact us at ClientSupport@MedBuddy.org and attempt to resolve the dispute informally. We will attempt to resolve disputes within 30 days of receiving written notice.

15.2 Binding Arbitration

If informal resolution fails, any dispute, claim, or controversy arising out of or relating to these Terms or your use of the Site shall be resolved by binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, except that either party may bring qualifying claims in small claims court. The arbitration shall be conducted in Maricopa County, Arizona unless you and MedBuddy® agree otherwise. The arbitrator’s decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

15.3 Exception

Either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent actual or threatened infringement, misappropriation, or violation of intellectual property rights.

16 – Class Action Waiver

YOU AND MEDBUDDY® AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND MEDBUDDY® AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.

17 – Termination

MedBuddy® reserves the right, at its sole discretion, to suspend or terminate your access to all or any part of the Site at any time, with or without notice, for any reason, including if we believe you have violated or acted inconsistently with these Terms. Upon termination, your right to use the Site will immediately cease. Provisions of these Terms that by their nature should survive termination will survive, including ownership provisions, warranty disclaimers, indemnification, and limitations of liability.

18 – Severability

If any provision of these Terms is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, or if modification is not possible, severed from these Terms, without affecting the validity, legality, or enforceability of the remaining provisions.

19 – Entire Agreement

These Terms, together with our Privacy Policy, User Content Submission Agreement & Rights Release, Return Policy, and any other agreements expressly incorporated herein, constitute the entire agreement between you and MedBuddy® with respect to your use of the Site and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the Site.

20 – Contact Information

For questions, concerns, or notices regarding these Terms of Use, please contact us: