MEDI-OPS, LLC
TERMS OF SERVICE
Medi-Ops, LLC provides courier and person, transportation, logistic, and software development services in the United States. The following Medi-Ops, LLC Terms of Service provide crucial information, notices, and guidelines for You and all users of any Medi-Ops Service(s). Please review these Terms as they may apply to You and Your relationship with Medi-Ops during and after You utilize one or more Medi-Ops Service(s).
1. Definitions. Unless otherwise stated, capitalized terms in these Terms shall have the following meanings:
a. “Independent Agreement” shall mean any written agreement executed by You and Medi-Ops.
b. “Medi-Ops” shall mean Medi-Ops, LLC, a Colorado limited liability company with its principal place of business located at 2851 S Parker Rd, Ste 976, Aurora, CO 80014.
c. “Service” or “Services” shall mean the services listed in Section 3 of these Terms.
d. “Terms” shall mean these Terms of Service, as amended from time to time.
e. “Website” shall mean the website and domain owned and operated by Medi-Ops, found at [https://www.medi-ops.com], including any pages or subpages stemming from the previously stated URL.
f. “You” or “Your” shall mean any natural person who engages Medi-Ops for any Service(s) or views these Terms.
2. Medi-Ops. When engaging Medi-Ops for any Service(s), or accessing the Website, You enter into a contractual relationship with:
Medi-Ops, LLC
Registered agent: Tiercel Holdings Group, LLC
9615 E County Line Rd.
Ste. B-219
Centennial, CO 80112
Medi-Ops is a limited liability company organized under the laws of the State of Colorado. Medi-Ops is subject to the laws of the State of Colorado, any other state in which it may be registered as a foreign entity, and the United States of America.
3. Services. Medi-Ops may provide the following services, without limitation (collectively, “Services”):
a. Courier Services:
i. Route ground courier services;
ii. Scheduled ground courier services;
iii. “STAT” ground courier services;
iv. “Lights and sirens” ground courier services;
v. “Next flight out” courier services;
vi. “On-board” courier services;
vii. Fixed-wing aircraft charter services; and
viii. Rotor aircraft charter services.
b. Patient Transportation Services:
i. Rideshare services (such as via Uber and Lyft);
ii. Ambulatory vehicle services;
iii. Wheelchair van services;
iv. Stretcher transport services;
v. Ground Ambulance services;
vi. Air medical escort services; and
vii. Air ambulance services.
c. Unmanned Aerial Vehicle Services:
i. Medical drone ground support services;
ii. Drone training and compliance services; and
iii. Aircraft maintenance services.
d. Supply Chain Consulting and Management Services.
e. Web Services (detailed in Section 6).
Medi-Ops may amend the list of Services from time to time at its sole discretion. In the event of such amendment, Medi-Ops will update the Terms to reflect such changes within a reasonable time.
In the event Medi-Ops discontinues any Service(s), it will provide forty-eight (48) hours of written notice to You so long as You fall under the category of persons affected by the discontinuation and have a user account or provided Medi-Ops an alternative contact method – unless Medi-Ops intends to supersede the discontinued Service(s) with comparable service(s), in which case no such notice is required.
4. Pricing.
a. Fees. Medi-Ops may charge fees for any Service(s) with the exception of the Services listed in Sections 6.
b. Fee Modification. Medi-Ops reserves the right to increase, decrease, waive, or otherwise modify the fees for the utilization of its Services at its sole discretion. To the extent Medi-Ops initializes any Service preceding such fee modification, the pre-modification rate shall continue to apply to such Service for the duration it is administered in that instance. However, the pre-modification rate shall not continue to apply in the event the price modification is due to an instance of force majeure (as defined herein).
c. Taxes and Ancillary Charges. Medi-Ops may charge You for applicable taxes and/or other ancillary charges imposed by local, municipal, regional, state, or U.S. (federal) government entities or any regulatory bodies with the authority to impose such taxes.
d. Cancellations. Pursuant to Medi-Ops’ cancellation policy:
i. Any Service (excluding Services provided via aircraft and ambulances) may be modified or canceled up to twenty-four (24) hours before the Service is scheduled to be initiated with no fees or additional charges. Cancellations or modifications requested less than twenty-four (24) hours before the Service is scheduled to be initiated will incur the full charge of the Service.
ii. Services via aircraft and ambulance may be subject to different and/or additional cancellation policies. Due to the specialized nature of the vehicles and/or professionals exacting such Services, such Services may only be partially refundable or non-refundable. In the event You would like to further inquire about such policies, please contact Medi-Ops via electronic mail at [info@medi-ops.com] or telephone at +1 (844) 633-4677.
5. Billing.
a. Policy Declaration. Medi-Ops is dedicated to dignified and compliant billing and collection policies. As such, Medi-Ops LLC will not utilize threatening letters or improper billing techniques to collect payment for Services rendered.
b. Payment. Subject to the provisions of controlling Independent Agreements, Medi-Ops accepts cash payments for Medi-Ops Services, which may be arranged as:
i. Prepaid;
ii. Due no later than fifteen (15) calendar days from the date of Service; or
iii. In some instances, due no later than thirty (30) calendar days from the date of Service.
c. Payment Plan. In the event You contact the Medi-Ops billing department with a declaration of financial hardship, You may be offered a payment plan to meet Your individual needs.
d. Payment Forgiveness. In the event You contact the Medi-Ops billing department and state You are unable to pay any amount of an outstanding bill, then You may qualify to have Your bill written off as a “financial hardship.” All such determinations of financial hardship are considered at Medi-Ops’ sole discretion on a case-by-case basis. Medi-Ops may request documentation of the financial hardship in the form of a letter from a third party such as a social worker, banking institution, or governmental or regulatory body, which may be supplemented by a letter from the You explaining the circumstances of Your financial hardship.
e. Contact. In the event You would like to further inquire about Medi-Ops’ billing policies, please contact Medi-Ops via electronic mail at [info@medi-ops.com] or via telephone at +1 (844) 633-4677.
6. Medi-Ops User Accounts.
a. User Account. You may create a user account to utilize one or more Service(s) offered by Medi-Ops on its Website. In an effort to protect Your identity and personal information, You may be required to log in every time You log out of your user account or exit Your browser window. Furthermore, to be able to utilize certain Services, You may be required to have a valid payment method associated with Your user account. You are responsible for maintaining the confidentiality of, and restricting access to, Your user account. You are also solely responsible for all activities that occur under Your user account.
b. Minors. In the event You are under eighteen (18) years of age, You may only create a user account with the involvement of a parent or guardian. Medi-Ops may, at its sole discretion, refuse the creation of, or terminate, a user account for any person under eighteen (18) years of age.
c. Alternate Payment Method. In the event Medi-Ops is unsuccessful in collecting payment via Your selected payment method, Medi-Ops may collect payment via any other valid payment method associated with Your user account.
d. Termination of User Account for Cause. Medi-Ops may terminate Your user account at any time, and without prior notice, in the event:
i. You fail to render timely payment for any Medi-Ops Service;
ii. You attempt to use the Website or Your user account for any unlawful purpose or any purpose(s) inconsistent with these Terms; or
iii. You do not log in to Your user account for three hundred and sixty-five (365) calendar days.
e. Termination of User Account without Cause. Medi-Ops may terminate Your user account without cause, provided that Medi-Ops provides You forty-eight (48) hours’ prior written notice.
7. Electronic Communications. In the event You utilize any Service(s) via electronic mail, text messaging, mobile application(s), or facsimile, You communicate with Medi-Ops electronically. In doing so, You consent to receiving electronic communications from Medi-Ops, including, without limitation, electronic mail, text messages, facsimile, mobile push notifications, or in-app communications. You agree that all such communications satisfy any local, state, or U.S. (federal) legal requirement that such communications be in writing. For further information on practices related to communications between You and Medi-Ops, please see the Medi-Ops, LLC Privacy Policy.
8. Intellectual Property. All content made by or available through Medi-Ops and/or any Service(s), such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software constitutes the property of Medi-Ops or its content suppliers. Such content is protected by U.S. (federal) and international copyright laws.
All rights not expressly granted to You in these Terms are reserved and retained by Medi-Ops or its licensors, suppliers, publishers, rightsholders, or other content providers. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Medi-Ops without the express prior written consent of Medi-Ops. You may not use any meta tags or any other "hidden text" utilizing Medi-Ops’ name or intellectual property without the express written consent of Medi-Ops. Medi-Ops reserves the right to terminate Your user accounts and deny Services to You in the event You do not comply with the terms of this section and may pursue additional legal action.
9. Privacy.
a. Privacy Policy. Please review the Medi-Ops, LLC Privacy Policy to understand what information and data Medi-Ops collects and how Medi-Ops utilizes, retains, and shares such information.
b. In-App Permissions. When using apps related to any Service, You may grant Medi-Ops certain permissions concerning Your mobile device. It is the responsibility of Your mobile device and/or carrier, not Medi-Ops, to inform You which permissions are granted to Medi-Ops and how to revoke such permissions.
c. Legal Compliance. In the event a subpoena or other legal process is served upon Medi-Ops for records containing Your information, Medi-Ops will promptly notify You unless prohibited from doing so by the body lawfully issuing the subpoena or other legal process.
10. Medi-Ops Record-Keeping Practices. Medi-Ops retains electronic communications between You and Medi-Ops for a period of seven (7) calendar years from the date of communication. To request copies of electronic communications (as detailed in Section 7), please contact Medi-Ops via electronic mail at [info@medi-ops.com] or via telephone at +1 (844) 633-4677.
11. Notices. Medi-Ops will deliver all written notices to You via the communication method and last (physical or electronic, depending on preferences) address You provided to Medi-Ops.
All legal notices to Medi-Ops must be delivered to the following address:
Medi-Ops, LLC
Attn: Director of Operations
2851 S Parker Rd
Ste 976
Aurora, CO 80014
12. Non-Discrimination. Medi-Ops does not discriminate against any employee, patient, user, or business relation in the performance of its duties, responsibilities, and obligations under these Terms due to race, color, religion, gender, age, marital status, disability, religious beliefs, or national or ethnic origin.
In the event You would like to report an incident related to the provisions of this section, please contact the Medi-Ops Director of Operations in accordance with the provisions of Section 11.
You may also file a civil rights complaint with the United States Department of Health and Human Services, Office for Civil Rights via the Office for Civil Rights Complaint Portal, via telephone by calling +1 (800) 368-1019 or (in the event you are deaf or hard of hearing) +1 (800) 537-7697, or via regular mail at the following address:
U.S. Department of Health and Human Services
200 Independence Ave., SW
Room 509F, HHH Building
Washington, D.C. 20201
13. Force Majeure. In no event shall Medi-Ops be responsible or liable for any failure or delay in the performance of its obligations arising out of these Terms caused by, directly or indirectly, forces beyond its control, including, without limitation, strikes, work stoppages, accidents, acts of war or terrorism, civil or military disturbances, nuclear or natural catastrophes or acts of God, epidemics, pandemics, and health disasters, and interruptions, loss, local, state, or national government act (including mandates or actions concerning a matter of public health, weather, or natural hazard), delays or conflicts with shippers, or malfunctions of utilities, communications, or computer (software and hardware) services.
14. Governing Law. These Terms and all related documents, including the Medi-Ops, LLC Privacy Policy, and all matters arising out of or relating to these Terms, whether sounding in contract, tort, statute, or otherwise, are governed by, and construed in accordance with, the laws of the State of Colorado (including its statutes of limitations and choice of law statutes), without giving effect to the conflict of laws provisions thereof to the extent such principles or rules would require or permit the application of the laws of any jurisdiction other than those of the State of Colorado.
15. Dispute Settlement. Medi-Ops strives to build and foster successful and positive relationships with all of its patients, customers, users, and business relations. As such:
a. Negotiation. In the event a dispute or claim arises from, or related to, the terms or performance of these Terms between You and Medi-Ops, Medi-Ops will make a good faith effort to amicably resolve such a dispute or claim through negotiating with You directly and/or any representative You may have.
b. Arbitration. In the event You and Medi-Ops are unable to amicably resolve a dispute via direct negotiation within ninety (90) calendar days of written notice of such a dispute, You and Medi-Ops hereby explicitly agree to proceed exclusively to binding arbitration with, and submit to the personal and subject-matter jurisdiction of, the American Arbitration Association.
c. Seat of Arbitration. The seat of arbitration shall be in Denver, Colorado, United States.
d. Rules of Arbitration. Arbitration pursuant to the terms of this section shall take place exclusively in accordance with the American Arbitration Association’s Commercial Arbitration Rules and Mediation Procedures.
e. Dispute-Related Expenses. You and Medi-Ops shall bear their own dispute-related expenses, and attorneys’ fees may not be awarded by the arbitrator unless the arbitrator determines either You or Medi-Ops to have acted in bad faith by commencing such a dispute.
f. Jury Trial Waiver. TO THE FULL EXTENT PERMITTED BY LAW, YOU AND MEDI-OPS HEREBY EXPRESSLY WAIVE ANY AND ALL RIGHT TO A TRIAL BY JURY ON THE ISSUE TO ENFORCE ANY TERM OR CONDITION OF THESE TERMS.
g. Class Action Waiver. Any proceedings to resolve any dispute arising from the provisions of these Terms shall be conducted solely on an individual basis. Neither You nor Medi-Ops shall seek to have any dispute heard as a class action, private attorney general action, or in any other proceeding in which either party acts or proposes to act in a representative capacity.
h. Consequential Damages. Neither You nor Medi-Ops will have any liability to the other for any loss of profits or revenues, loss of goodwill, or for any indirect, special, incidental, consequential, or punitive damages arising out of, or in connection with these Terms, however caused, whether in contract, tort (including negligence), warranty, indemnity or any other legal theory, and whether or not the non-breaching party has been advised of the possibility of such damages.
16. Conflicts. These Terms may contain provisions addressing issues which may be also or already be addressed in one or more Independent Agreement(s). In the event of any conflict between these Terms and any Independent Agreement(s), unless the Independent Agreement(s) explicitly states these Terms shall prevail and govern, the provisions of the Independent Agreement(s) shall prevail and govern to the extent of the conflict.
17. Modification of Terms. Medi-Ops may, at its sole discretion, periodically or ad hoc, update, supplement, amend, otherwise modify, or terminate these Terms with immediate effect. In the event of such a change, Medi-Ops may communicate to You such modification via the preferred contact method and address You last provided to Medi-Ops.
18. In Effect. These Terms are effective when You access the Website, create a user account, or engage Medi-Ops for any Service(s). The Terms remain effective as long as You maintain a user account or otherwise utilize any Service(s).
These Terms were last updated on March 17th, 2024.
MEDI-OPS, LLC 2024