TERMS OF SERVICE
Agreement between User and operationphoenixwoundcare.com
Welcome to operationphoenixwoundcare.com. The operationphoenixwoundcare.com website (the “Site”) is comprised of various web pages operated by Operation Phoenix Wound Care, LLC (“Operation Phoenix Wound Care”). operationphoenixwoundcare.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of operationphoenixwoundcare.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
operationphoenixwoundcare.com is an E-Commerce Site.
Operation Phoenix Wound Care provides products and services for centers, clinics, and individuals seeking solutions for chronic non-healing wounds (CNHWs).
Privacy
Your use of operationphoenixwoundcare.com is subject to Operation Phoenix Wound Care’s Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.
Electronic Communications
Visiting operationphoenixwoundcare.com or sending emails to Operation Phoenix Wound Care constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
Your Account
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Operation Phoenix Wound Care is not responsible for third-party access to your account that results from theft or misappropriation of your account. Operation Phoenix Wound Care and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
Children Under 18
Operation Phoenix Wound Care does not knowingly collect, either online or offline, personal information from persons under the age of 18. If you are under 18, you may use operationphoenixwoundcare.com only with the permission of a parent or guardian.
Links to Third Party Sites/Third Party Services
operationphoenixwoundcare.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Operation Phoenix Wound Care, and Operation Phoenix Wound Care is not responsible for the contents of any Linked Site, including, without limitation, any link contained in a Linked Site or any changes or updates to a Linked Site. Operation Phoenix Wound Care is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Operation Phoenix Wound Care of the site or any association with its operators.
Certain services made available via operationphoenixwoundcare.com are delivered by third-party sites and organizations. By using any product, service, or functionality originating from the operationphoenixwoundcare.com domain, you hereby acknowledge and consent that Operation Phoenix Wound Care may share such information and data with any third party with whom Operation Phoenix Wound Care has a contractual relationship to provide the requested product, service, or functionality on behalf of operationphoenixwoundcare.com users and customers. HIPAA compliance will be ensured at all times.
No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use operationphoenixwoundcare.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Operation Phoenix Wound Care that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Operation Phoenix Wound Care or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends, or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Operation Phoenix Wound Care content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use and will make no other use of the content without the express written permission of Operation Phoenix Wound Care and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Operation Phoenix Wound Care or our licensors except as expressly authorized by these Terms.
Third Party Accounts
You will be able to connect your Operation Phoenix Wound Care account to third-party accounts. By connecting your Operation Phoenix Wound Care account to your third-party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others, in accordance with your privacy settings on those third-party sites. If you do not want information about you to be shared in this manner, do not use this feature.
International Users
The Service is controlled, operated, and administered by Operation Phoenix Wound Care from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Operation Phoenix Wound Care Content accessed through operationphoenixwoundcare.com in any country or in any manner prohibited by any applicable laws, restrictions, or regulations.
Indemnification
You agree to indemnify, defend, and hold harmless Operation Phoenix Wound Care, its officers, directors, employees, agents, and third parties, for any losses, costs, liabilities, and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement, your violation of any rights of a third party, or your violation of any applicable laws, rules, or regulations. Operation Phoenix Wound Care reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Operation Phoenix Wound Care in asserting any available defenses.
Arbitration
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties.
The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding, or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees.
The parties agree to arbitrate all disputes and claims regarding these Terms and Conditions, or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision.
The entire dispute, including the scope and enforceability of this arbitration provision, shall be determined by the arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class, representative, or collective actions are not permitted. The parties agree that a party may bring claims against the other only in each party’s individual capacity, and not as a plaintiff or class member in any putative class, collective, and/or representative proceeding, such as in the form of a private attorney general action against the other.
Further, unless both you and Operation Phoenix Wound Care agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of representative or class proceeding.
Liability Disclaimer
The information, software, products, and services included in or available through the site may include inaccuracies or typographical errors. Changes are periodically added to the information herein. Operation Phoenix Wound Care, PLLC and/or its suppliers may make improvements and/or changes to the site at any time.
Operation Phoenix Wound Care, PLLC and/or its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services, and related graphics contained on the site for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services, and related graphics are provided “as is” without warranty or condition of any kind. Operation Phoenix Wound Care, PLLC and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services, and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title, and non-infringement.
To the maximum extent permitted by applicable law, in no event shall Operation Phoenix Wound Care, PLLC and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages, or any damages whatsoever including, without limitation, damages for loss of use, data, or profits, arising out of or in any way connected with the use or performance of the site, with the delay or inability to use the site or related services, the provision of or failure to provide services, or for any information, software, products, services, and related graphics obtained through the site, or otherwise arising out of the use of the site, whether based on contract, tort, negligence, strict liability, or otherwise, even if Operation Phoenix Wound Care, PLLC or any of its suppliers has been advised of the possibility of damages.
Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If you are dissatisfied with any portion of the site, or with any of these terms of use, your sole and exclusive remedy is to discontinue using the site.
Termination/Access Restriction
Operation Phoenix Wound Care reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Florida, and you hereby consent to the exclusive jurisdiction and venue of courts in Florida in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Operation Phoenix Wound Care as a result of this agreement or use of the Site. Operation Phoenix Wound Care’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Operation Phoenix Wound Care’s right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Operation Phoenix Wound Care with respect to such use.
If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law, including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Operation Phoenix Wound Care with respect to the Site and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the user and Operation Phoenix Wound Care with respect to the Site.
A printed version of this agreement
Changes to Terms
Operation Phoenix Wound Care reserves the right, in its sole discretion, to change the Terms under which operationphoenixwoundcare.com is offered. The most current version of the Terms will supersede all previous versions. Operation Phoenix Wound Care encourages you to periodically review the Terms to stay informed of our updates.
Contact Us
Operation Phoenix Wound Care welcomes your questions or comments regarding the Terms.
Operation Phoenix Wound Care, LLC
1834 A Jaclif Court
Tallahassee, Florida 32308
Email Address:
support@operationphoenixwoundcare.com
Telephone Number:
(844) 4-WOUND-4
(844-496-8634)
Effective as of March 4, 2025.
