Terms of service

 

Cox Design LLC d/b/a Dolphin Wound Care (“Dolphin Wound Care,” “Company,” “we,” “our,” or “us”) provide this Site for eligible users conditioned on acceptance of these Website Terms of Service. These Terms of Service (“Terms”) govern your access to and use of our website (shop.dolphinstore.org), including any content, functionality, products, services, quote request forms, contact forms, and related communications made available through the website (collectively, the “Site”).

By accessing or using this Site, you agree to be bound by these Terms. If you do not agree to these Terms, do not use the Site.

1. Use of the Site

You may use this Site only for lawful purposes and in accordance with these Terms. You agree to use the Site only for legitimate business or personal inquiry purposes related to our products and services, including the sale, rental, repair, or servicing of medical and pressure-relief equipment such as the Dolphin FIS Mattress System, Dolphin FIS Wheelchair Cushion, DermaFloat LAL: Low Air Loss Mattress, and similar products.
We may update, suspend, or discontinue any part of the Site at any time without notice.

2. No Medical Advice

The content on this Site is provided for general informational purposes only. It is not medical advice, diagnosis, or treatment, and it is not intended to replace consultation with a physician, clinician, facility, or other qualified healthcare professional.
You should not rely on this Site as a substitute for professional medical judgment. Always consult an appropriate healthcare provider regarding any medical condition, treatment decision, or equipment selection.

3. Product and Service Information

We make reasonable efforts to present accurate information about our products and services. However:

  • product descriptions, availability, specifications, compatibility, and pricing may change without notice;
  • some products may be subject to manufacturer changes, discontinuation, or limited availability;
  • images on the Site may be illustrative and may not reflect the exact product delivered or serviced;
  • not all products or services may be available in all locations.

Nothing on this Site constitutes a binding offer to sell, rent, repair, or service any product. Any order, rental, service request, or quote request submitted through the Site is subject to our review, acceptance, availability, and any separate written agreement we may require.

4. Quotes, Orders, Rentals, and Repairs

Submitting a request through our Site, including a quote request, contact form, or repair inquiry, does not create a binding contract.

All sales, rentals, repairs, service work, deliveries, returns, exchanges, warranties, and payment obligations are subject to any separate invoice, estimate, rental agreement, repair authorization, service agreement, manufacturer documentation, or other written terms provided by us.

If there is a conflict between these Terms and a separate written agreement signed or accepted in connection with a product sale, rental, or repair, the separate written agreement will control for that transaction.

5. User Submissions

If you submit information through the Site, including your name, phone number, email address, company or facility information, shipping details, equipment information, or service request details, you represent that:

  • the information you provide is true, accurate, and complete;
  • you have the authority to submit the information;
  • your submission does not violate any law or the rights of any third party.

You agree not to submit confidential information unless it is reasonably necessary for us to respond to your request. You also agree not to submit protected health information or patient-specific medical information through general website forms unless we expressly instruct you to do so through a secure channel.

6. Acceptable use Restrictions

You agree not to:

  • use the Site in any way that violates applicable law or regulation;
  • attempt to gain unauthorized access to the Site, server, database, or related systems;
  • interfere with or disrupt the operation of the Site;
  • introduce malicious code, viruses, malware, or harmful material;
  • scrape, crawl, copy, monitor, or collect Site content using automated means without our prior written permission;
  • impersonate any person or entity or misrepresent your affiliation with any person or entity;
  • use the Site to transmit unlawful, defamatory, abusive, obscene, fraudulent, or misleading content;
  • infringe the intellectual property or other rights of the Company or any third party.

7. Intellectual Property

All content on this Site, including text, graphics, logos, product information, page design, images, software, and other materials, is owned by or licensed to Cox Design LLC d/b/a Dolphin Wound Care and is protected by applicable intellectual property laws.

You may view, print, or download materials from the Site solely for your personal, informational, or internal business use related to evaluating our products or services. You may not reproduce, distribute, modify, republish, display, or create derivative works from any Site content without our prior written consent.

All product names, trademarks, service marks, and trade names appearing on the Site are the property of their respective owners. Reference to third-party marks does not imply ownership by us.

8. Third-Party Links

This Site may contain links to third-party websites for your convenience. We do not own or control those third-party sites and are not responsible for their content, policies, products, services, or practices.

A link to a third-party site does not constitute our endorsement of that site or any product or service offered thereon. Your use of any third-party site is at your own risk and subject to that site’s own terms and policies.

9. Disclaimer of Warranties

THIS SITE AND ALL CONTENT MADE AVAILABLE THROUGH IT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, EXCEPT AS EXPRESSLY STATED IN A SEPARATE WRITTEN AGREEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, COX DESIGN LLC D/B/A DOLPHIN WOUND CARE DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

We do not warrant that the Site will be uninterrupted, error-free, secure, or free from viruses or other harmful components, or that any defects will be corrected.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, COX DESIGN LLC D/B/A DOLPHIN WOUND CARE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF, OR INABILITY TO USE, THE SITE.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE SITE SHALL NOT EXCEED ONE HUNDRED U.S. DOLLARS ($100.00), OR THE AMOUNT YOU PAID US, IF ANY, SPECIFICALLY FOR USE OF THE SITE.

NOTHING IN THESE TERMS LIMITS LIABILITY TO THE EXTENT SUCH LIMITATION IS PROHIBITED BY LAW.

11. Indemnification

You agree to defend, indemnify, and hold harmless Cox Design LLC d/b/a Dolphin Wound Care, and its owners, officers, employees, contractors, agents, affiliates, and service providers, from and against any claims, liabilities, damages, judgments, losses, costs, and expenses, including reasonable attorneys’ fees, arising out of or related to:

  • your use of the Site;
  • your violation of these Terms;
  • your violation of any law or third-party right;
  • any information or content you submit through the Site.

12. Privacy

Your use of the Site is also subject to our Privacy Policy, which describes how we collect, use, and protect information submitted through the Site. By using the Site, you acknowledge that you have reviewed our Privacy Policy.

13. Termination

We reserve the right, in our sole discretion, to suspend, restrict, or terminate your access to the Site, without notice, if we believe you have violated these Terms or used the Site in an unlawful or harmful manner.

14. Governing Law and Venue

These Terms shall be governed by and construed in accordance with the laws of the State of Oklahoma, without regard to its conflict of law principles.

Any legal action or proceeding arising out of or relating to these Terms or the Site shall be brought exclusively in the state or federal courts located in Bryan County, Oklahoma, and you consent to the jurisdiction of those courts.

15. Changes to These Terms

We may revise these Terms at any time by posting an updated version on this Site. The “Last Updated” date at the top of these Terms indicates when changes were last made. Your continued use of the Site after any changes are posted constitutes your acceptance of the revised Terms.

16. Contact Information

If you have questions about these Terms, please contact:

info@dolphinwoundcare.com
+1 405-937-3253
shop.dolphinstore.org/pages/contact-us