Terms and Conditions

PELAGIC MEDICAL

Website Terms and Conditions
Sale of Products, Website Use, Training, and Non-Clinical Services

Version 2.3  ·  Effective Date:  8/1/2026

This website is operated by Pelagic Medical LLC, a Washington limited liability company

 

 

Pelagic Medical LLC ("Pelagic," "we," "our," or "us") is a Washington limited liability company that provides maritime medical preparedness products, protocol guides, training, and related non-clinical services, and that operates the pelagicmedical.com website. This single website also describes, and provides an enrollment inquiry pathway for, the clinical services of our affiliated physician practice, Pelagic Medical Services, PLLC (the "Practice"). These Terms govern your use of the website and your purchase of Pelagic Medical LLC products and non-clinical services. Your clinical relationship with the Practice, if you enroll, is governed exclusively by the Practice’s own agreements — the Direct Practice Membership Agreement, Patient Services Agreement, and Remote and Maritime Care Informed Consent — and not by these Terms, except that the website-use provisions of these Terms apply to all visitors.

 

 

Pelagic Medical LLC provides only non-clinical products and services. These may include:

·  Maritime emergency medical kits (Expedition, Bluewater, Coastal)

·  Medical equipment and first aid supplies

·  Emergency preparedness equipment, including standalone AED devices

·  Medical reference manuals and educational publications

·  Online and in-person training courses

·  Expedition and voyage planning assistance

·  Medical logistics planning and equipment recommendations

·  Medical equipment replacement programs

·  Website resources and customer support

 

The availability of any product or service may change without notice. Pelagic Medical LLC reserves the right to modify, suspend, or discontinue any offering at any time.

Voyage-planning and logistics services offered by Pelagic Medical LLC are limited to non-clinical matters such as kit configuration, equipment quantities, storage, communications planning, replenishment, and destination logistics. Patient-specific medical recommendations are provided only by Pelagic Medical Services, PLLC to its enrolled patients.

Pelagic Medical LLC and Pelagic Medical Services, PLLC are separate legal entities with distinct responsibilities.

3.1  Pelagic Medical LLC

Pelagic Medical LLC sells products and non-clinical services and operates this website. It performs no clinical, enrollment, scheduling, billing, or patient-management functions for the Practice. In addition to licensing the PELAGIC MEDICAL brand to the Practice under a written intercompany agreement, the website may perform the limited ministerial function of routing a prospective patient’s non-clinical contact information to the Practice. Pelagic Medical LLC does not conduct clinical intake, collect health information, determine eligibility, schedule care, or collect professional fees, and it does not control, direct, or supervise the professional judgment of any physician or practice medicine.

3.2  Pelagic Medical Services, PLLC

Pelagic Medical Services, PLLC is solely responsible for all professional medical services, including:

·  Diagnosis and treatment

·  Prescribing and medication management

·  Telemedicine and direct primary care services

·  Physician access and support services

·  Maintenance of medical records and clinical documentation

·  Patient communications involving medical care

 

No employee or representative of Pelagic Medical LLC may interfere with, direct, or control the independent professional judgment of a physician practicing through Pelagic Medical Services, PLLC. Services rendered through Pelagic Medical Services, PLLC are governed exclusively by that entity's separate patient agreements, informed consent documents, and applicable Washington State law.

3.3  Modification of Clinical Services

Pelagic Medical Services, PLLC may modify the scope of clinical services available within any program at any time based on physician licensing, regulatory changes, changes in clinical standards, or operational constraints. Such modifications do not create any claim against Pelagic Medical LLC.

3.4  How Enrollment and Clinical Payment Work

The website does not sell clinical services. If you are interested in the Practice’s physician access membership, the website provides an enrollment inquiry form that routes your contact information to the Practice. Pelagic Medical LLC-controlled website forms do not collect medical information. Any Practice intake, scheduling, messaging, or clinical forms are hosted through Practice-controlled secure systems and are governed by the Practice’s privacy notices. Enrollment — intake, clinical review, informed consent, agreement, and acceptance — occurs directly with the Practice. All clinical fees, including the monthly membership fee, are billed and collected by the Practice through payment systems owned and controlled by the Practice. Where this website displays a link relating to enrollment or membership payment, that link routes to the Practice’s own systems, and the Practice is the merchant of record for every clinical fee. Pelagic Medical LLC does not collect, hold, or retain professional fees for medical services under any circumstance.

DO NOT SUBMIT HEALTH INFORMATION THROUGH THIS WEBSITE. Do not submit symptoms, diagnoses, medications, medical history, or other health information through the Pelagic Medical LLC website inquiry form or to Pelagic Medical LLC customer support. Clinical information must be submitted only through the Practice’s designated secure systems.

 

 

Pelagic Medical LLC does not provide: emergency dispatch; rescue coordination; medical evacuation; ambulance services; Coast Guard services; or search and rescue.

5.1  Acknowledgment of Offshore Risk

By purchasing any Pelagic Medical product or service, you acknowledge that:

·  Offshore and blue-water maritime passage-making involves inherent and serious risk.

·  Weather conditions, vessel failure, or geographic remoteness may delay or prevent rescue.

·  Communications systems may fail at sea.

·  Medical evacuation may not be immediately available or possible.

·  Medical kits are preparedness tools; they cannot replace professional medical care.

·  Every voyage presents unique medical risks dependent on crew, destination, and vessel.

5.2  Customer Determination of Appropriateness

You remain solely responsible for determining whether the products you purchase are appropriate for your destination, voyage duration, crew size, passenger medical conditions, onboard activities, applicable regulatory requirements, and vessel capabilities.

5.3  No Guarantee of Outcome

No Pelagic Medical product guarantees prevention of illness, injury, disability, or death. Medical outcomes at sea are inherently uncertain. Products should be used only in accordance with manufacturer instructions, FDA labeling where applicable, and the guidance of a licensed physician.

5.4  Vessel Master Authority

Pelagic Medical LLC products, protocols, and training are preparedness tools and do not replace professional medical care. The vessel master retains authority over vessel operations, navigation, communications, diversion, and vessel safety. The treating physician retains independent professional responsibility for clinical recommendations provided to an enrolled patient.

5.5  No Third-Party Medical Reliance

Pelagic Medical products, protocols, and training materials are purchased for use aboard the purchaser’s vessel. Nothing prevents the use of kit equipment and first-aid materials to render aid to any person aboard. However, no contractual, professional, or physician-patient relationship is created between Pelagic Medical LLC or Pelagic Medical Services, PLLC and any third party — including guests, crew, or other persons — by virtue of that person receiving assistance involving Pelagic Medical LLC equipment or materials. Clinical services are available only to individuals enrolled with Pelagic Medical Services, PLLC (see Section 9.7).

6.1  Assembled-to-Order

Pelagic Medical kits are assembled-to-order for each customer. Because kits contain sterile medical supplies with defined shelf lives, assembly typically begins within 48 hours of order placement.

6.2  Component Substitution

Pelagic Medical LLC may substitute functionally comparable or superior non-prescription components because of recalls, shortages, discontinuations, expiration management, transportation constraints, or product improvements. Any substitution affecting the clinical formulary, prescription-medication module, treatment protocol, or clinical use of the kit requires the approval of Pelagic Medical Services, PLLC.

6.3  Representations

Published photographs and kit contents lists are representative only. Colors, packaging, pouch configuration, and component manufacturers may vary from images shown.

6.4  Prescription Components

Prescription medications are not included in kit pricing and are not sold or dispensed by Pelagic Medical LLC. Where prescription medications are available in connection with a kit program, they are prescribed, if clinically appropriate and in the independent professional judgment of the treating physician, by Pelagic Medical Services, PLLC, and supplied through a licensed pharmacy or other lawful pharmacy mechanism approved for the program.

6.5  FDA Labeling and Manufacturer Instructions

Kit components should be used in accordance with the manufacturer’s instructions for use, applicable labeling, and any lawful individualized instructions provided by the treating physician to an enrolled patient. Nothing in Pelagic Medical LLC’s general educational materials authorizes deviation from labeling or manufacturer instructions. Pelagic Medical LLC assumes no responsibility for adverse outcomes resulting from use of kit components in a manner inconsistent with manufacturer instructions, applicable labeling, or the treating physician’s instructions.

6.6  International Medical Device Regulation

Certain products contained in Pelagic Medical kits — including but not limited to AEDs, supplemental oxygen equipment, injection devices, and specific medications — may be subject to regulatory requirements that differ significantly from those of the United States in foreign jurisdictions. You are solely responsible for determining the regulatory status of all kit components in any country you enter or transit.

7.1  Intended Customer

Pelagic Medical products and services are designed and priced for private vessel owners and operators engaged in personal offshore passage-making. These Terms are written for that customer.

7.2  Commercial Operators

If you are a commercial operator — including but not limited to commercial charter operators, dive operators, fishing vessels, research vessels, expedition companies, NGOs, military or government contractors, or any other operator carrying paying passengers or crew as part of a commercial enterprise — your use of Pelagic Medical products may involve materially different risk profiles, regulatory requirements, and liability exposures than those contemplated by these Terms.

7.3  Separate Commercial Agreement Required

Pelagic Medical LLC reserves the right to require a separate written commercial agreement before fulfilling orders from commercial operators. We may decline to fulfill any order from a commercial operator without an executed commercial agreement in place, at our sole discretion. If you are uncertain whether your use qualifies as commercial, contact us at info@pelagicmedical.com before placing an order.

7.4  No Commercial Reliance

Pelagic Medical LLC makes no representation that products or services purchased under these consumer Terms satisfy regulatory, occupational-health, carriage, staffing, or medical requirements applicable to commercial vessel operations. Commercial operators should obtain a separate commercial agreement addressing their specific requirements before relying on Pelagic Medical products or services in commercial service.

8.1  Order Acceptance

All orders are subject to acceptance by Pelagic Medical LLC. We reserve the right to refuse or cancel any order at our sole discretion, including orders where a product is mispriced, unavailable, or where we suspect fraudulent activity.

8.2  Pricing

All prices are stated in U.S. Dollars and are subject to change without notice. The price charged will be the price in effect at the time of order placement. Applicable sales tax will be calculated and applied at checkout.

8.3  Payment

Payment is due in full at the time of order placement. Order confirmation does not constitute acceptance; acceptance occurs upon shipment.

8.4  Order Errors

You are responsible for reviewing your order before submission. If you identify an error after submission, contact us immediately at info@pelagicmedical.com. We cannot guarantee correction of orders already in assembly.

9.1  Administrative Role of Pelagic Medical LLC

Pelagic Medical LLC performs no enrollment, billing, scheduling, or clinical administrative functions for Pelagic Medical Services, PLLC. The website’s role is limited to describing the Practice’s services and routing enrollment inquiries to the Practice. All clinical screening, acceptance, scheduling, and billing are performed by the Practice itself. All clinical (direct practice) fees are earned exclusively by Pelagic Medical Services, PLLC; Pelagic Medical LLC does not earn or retain professional fees for medical services. Pelagic Medical LLC does not provide, direct, or control any clinical services within these programs.

9.2  Clinical Services

All professional physician services are furnished solely by Pelagic Medical Services, PLLC under the Practice’s own patient agreements. Nothing purchased from Pelagic Medical LLC, and nothing done on this website, creates a physician-patient relationship; that relationship is established directly between you and Pelagic Medical Services, PLLC upon the Practice’s acceptance and execution of the applicable patient agreements.

9.3  No Guarantee of Availability

Neither Pelagic Medical LLC nor Pelagic Medical Services, PLLC guarantees uninterrupted communications or continuous availability of Practice personnel. Availability of clinical services is determined solely by the Practice and may be limited or unavailable due to:

·  Physician scheduling and availability

·  Satellite or communications system outages or failures

·  Limitations of international physician licensing in certain jurisdictions

·  Severe weather, natural disasters, or force majeure events

·  System maintenance or technical failures

 

Pelagic Medical LLC sells no clinical services and charges no fee for physician access, so the availability of clinical services does not affect any Pelagic Medical LLC product purchase or non-clinical subscription. Clinical membership fees, and any refund of them, are governed exclusively by the Direct Practice Membership Agreement between the patient and Pelagic Medical Services, PLLC and by applicable law.

9.4  Billing and Renewal

If Pelagic Medical LLC offers optional non-clinical subscriptions (for example, training-library access or kit replenishment programs), those subscription fees are billed by Pelagic Medical LLC and renewal pricing may change upon 30 days’ notice. No such subscription includes any clinical service. Changes to clinical direct-practice fees are governed exclusively by the Direct Practice Membership Agreement and applicable law (including the 60-day notice and once-per-12-months limits of Chapter 48.150 RCW). Clinical direct practice fees are entirely separate: they are monthly fees charged and collected by Pelagic Medical Services, PLLC directly from each enrolled patient under that patient’s Direct Practice Membership Agreement, consistent with RCW 48.150.030. Clinical fees are never included in, bundled with, or collected through the purchase of any Pelagic Medical LLC product.

9.5  Cancellation

You may cancel any Pelagic Medical LLC non-clinical subscription at any time by contacting us at info@pelagicmedical.com; cancellation takes effect at the end of the then-current billing period, and partial-period refunds are not provided except as required by law or as stated in Article 11. Clinical enrollment is governed separately: each enrolled individual may terminate their Direct Practice Membership Agreement at will by written notice to Pelagic Medical Services, PLLC, with any refund of the monthly clinical fee handled as provided in that agreement and RCW 48.150.030.

9.6  Modification of Clinical Program

Pelagic Medical Services, PLLC may modify the scope, availability, or nature of clinical services at any time based on physician licensing, applicable law, or clinical standards. Such modifications do not create any claim against Pelagic Medical LLC.

9.7  Clinical Enrollment Screening and Eligibility

Clinical services are provided solely by Pelagic Medical Services, PLLC and are purchased separately from and independently of any Pelagic Medical LLC product. No kit, program, training, or other product sold by Pelagic Medical LLC includes, confers, or guarantees clinical enrollment, and no purchase creates a physician-patient relationship. Each person seeking clinical services enrolls directly with Pelagic Medical Services, PLLC, completing their own intake, clinical review, informed consent, and Direct Practice Membership Agreement, and must be individually accepted by a physician. Consistent with RCW 48.150.050, enrollment may be declined where the person’s medical condition requires a level or type of care beyond the scope and capabilities of a remote and maritime direct practice, or where the practice has reached its maximum patient capacity; enrollment is not declined based on health status as such. Clinical enrollment is available to adults (18 and over) only; children aboard are not enrolled patients and do not receive clinical services under any program. Clinical membership fees are billed by Pelagic Medical Services, PLLC directly to the patient; Pelagic Medical LLC does not collect or retain professional fees for medical services. Any prescription medications associated with a Pelagic Medical kit are supplied, labeled, possessed, and maintained only pursuant to the pharmacy-law mechanism approved for the program.

10.1  Domestic Shipping

Risk of loss and title pass to you upon delivery of your order to the carrier.

10.2  International Shipping

You are solely responsible for all customs clearance procedures, import duties, taxes, brokerage fees, and compliance with the laws of the destination country. Pelagic Medical LLC is not responsible for delays, seizures, or refusals at customs.

10.3  International Medication and Device Importation

You are solely responsible for compliance with all applicable laws governing the importation, possession, storage, and use of medications, medical devices, AEDs, supplemental oxygen equipment, and any other kit components in any foreign jurisdiction.

10.4  Remote and Vessel Delivery

Pelagic Medical LLC is not responsible for failed delivery arising from vessel departure, marina access restrictions, or incomplete or inaccurate delivery instructions.

10.5  Export Controls

You agree to comply with all applicable U.S. export and re-export control laws, including the Export Administration Regulations (EAR). You may not export any Pelagic Medical product to any country, entity, or individual subject to U.S. sanctions without required governmental authorization.

11.1  General Policy

Because Pelagic Medical kits are assembled-to-order and contain sterile medical supplies with defined expiration dates, we do not accept returns of opened or used kits except as required by applicable law.

11.2  Unused Kits

An unused kit whose external Pelagic tamper-evident seal and internal sterile-product packaging remain intact may be returned within 14 days of delivery for a refund less a 15% restocking fee. Return shipping is at the customer’s expense.

11.3  Defective or Damaged Products

If you receive a kit that is defective or damaged in transit, contact us within 7 days of delivery with photographs. We will arrange replacement or issue a refund at our discretion, subject to applicable law.

11.4  Non-Returnable Items

Prescription medications. Pelagic Medical LLC does not sell or dispense prescription medications. Any return, refund, replacement, recall, or disposal issue involving prescription medications is governed by the supplying pharmacy and applicable law, and is not governed by this return policy.

The following are non-returnable and non-refundable under any circumstances:

·  Opened or partially used kit components

·  Training courses and digital products once accessed

·  Subscription services for completed billing periods

12.1  Inspection on Receipt

You are responsible for inspecting your kit upon receipt. Notify us within 7 days of delivery of any missing items, visible damage, or discrepancies.

12.2  Storage Requirements

Medical kits must be stored in a cool, dry location away from direct sunlight, extreme heat, and high humidity. Pelagic Medical LLC assumes no responsibility for component degradation resulting from improper storage.

12.3  Expiration Management

You are responsible for monitoring expiration dates and replacing expired components. Pelagic Medical LLC offers component replacement services.

13.1  Educational Purpose

Training courses offered by or through Pelagic Medical LLC are educational in nature. Completion does not confer professional licensure, certification, or authority to perform procedures in a professional capacity. Pelagic Medical LLC may document completion of task-specific skills training for purposes of participation in a Pelagic program, but such documentation is not a professional credential, does not guarantee competence in an emergency, and does not authorize any action contrary to a patient’s Emergency Medication Plan or the instructions of the treating physician.

13.2  No Guarantee of Performance

Pelagic Medical LLC makes no guarantee of any participant's performance in an actual medical event.

13.3  Instructor Conduct

Participants must follow all safety instructions during in-person training. Pelagic Medical reserves the right to remove participants who engage in unsafe behavior without refund.

13.4  Online Courses

Online training courses are non-refundable once accessed. Licenses are for individual use only and may not be shared or transferred.

14.1  Permitted Use

You may use the Pelagic Medical website for lawful purposes related to purchasing products and services, accessing educational content, and managing your account.

14.2  Prohibited Conduct

You may not:

·  Use the website to transmit unauthorized advertising, spam, or malicious code.

·  Attempt to gain unauthorized access to any portion of our systems or infrastructure.

·  Scrape, harvest, or systematically collect data from our website without written consent.

·  Use automated tools, bots, or scripts to interact with our website.

·  Use the website in any manner that could damage our reputation or the rights of any third party.

14.3  AI, Scraping, and Automated Processing Restrictions

Our website content, product descriptions, protocol guides, formularies, kit designs, and training materials may not be used for any of the following without our express prior written consent:

·  Training, fine-tuning, or otherwise developing artificial intelligence or machine learning models of any kind.

·  Ingestion into large language models (LLMs) or other generative AI systems.

·  Creation of derivative protocols, clinical decision tools, or medical reference materials.

·  Generation of synthetic datasets derived from our content.

·  Any automated scraping or harvesting of our content beyond standard web browser rendering.

 

This restriction applies regardless of whether the purpose is commercial or non-commercial.

15.1  Ownership

All content on the Pelagic Medical website and in our products — including text, graphics, logos, kit designs, the compiled and formatted protocol guides and manuals as published works, and training materials — is the proprietary intellectual property of Pelagic Medical LLC or its licensors and is protected by United States and international copyright, trademark, and other intellectual property laws.

15.2  Protocol Authorship

The clinical content embedded in the Pelagic Medical Offshore Medical Protocol Guide and related materials — including clinical algorithms, treatment recommendations, prescribing standards, and formulary content — is authored, approved, and exclusively controlled by the licensed physicians of Pelagic Medical Services, PLLC, and is owned by Pelagic Medical Services, PLLC. Pelagic Medical LLC publishes the compiled and formatted works under license from Pelagic Medical Services, PLLC. No purchase or license grants you any right in the underlying clinical content beyond the personal-use license in Section 15.3.

15.3  Limited License

We grant you a limited, non-exclusive, non-transferable license to access and use website content for personal, non-commercial purposes. This license does not include any right to reproduce, distribute, modify, commercialize, or use for AI training purposes any Pelagic Medical content.

15.4  Trademarks

PELAGIC MEDICAL, MEDICAL CARE BEYOND THE HORIZON, and associated logos are trademarks or service marks used by Pelagic Medical LLC in connection with its products and services, whether or not registered. Nothing in these Terms grants you any right to use them. You may not use our trademarks without prior written consent.

16.1  Security Measures

Pelagic Medical employs commercially reasonable administrative, technical, and physical safeguards designed to protect the information we collect and maintain from unauthorized access, disclosure, alteration, and destruction.

16.2  No Guarantee of Security

No security system is impenetrable. To the extent permitted by applicable law, Pelagic Medical LLC shall not be liable for any breach of security or unauthorized access that is beyond our reasonable control.

16.3  Notification

Pelagic Medical LLC will provide legally required notice concerning personal information maintained by Pelagic Medical LLC, in accordance with applicable Washington State data breach notification law. Security incidents involving the Practice’s clinical information are governed by the Practice’s Notice of Privacy Practices and applicable health-information law.

PELAGIC MEDICAL LLC WARRANTS THAT EACH KIT WILL CONTAIN THE COMPONENTS IDENTIFIED IN THE APPLICABLE ORDER CONFIRMATION, SUBJECT TO THE PERMITTED SUBSTITUTIONS DESCRIBED IN SECTION 6.2, AND THAT THE KIT WILL BE FREE FROM MATERIAL DEFECTS IN ASSEMBLY AT THE TIME OF SHIPMENT. INDIVIDUAL COMPONENTS MAY CARRY THEIR OWN MANUFACTURER WARRANTIES. TO THE EXTENT PERMITTED BY APPLICABLE LAW, THIS IS OUR SOLE EXPRESS WARRANTY.

 

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PELAGIC MEDICAL DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

 

PELAGIC MEDICAL DOES NOT WARRANT THAT ITS PRODUCTS WILL PREVENT INJURY, ILLNESS, OR DEATH, OR THAT THEIR USE WILL RESULT IN ANY PARTICULAR CLINICAL OUTCOME.

18.1  Voluntary Assumption of Risk

By purchasing Pelagic Medical LLC products or non-clinical services, you voluntarily assume the inherent risks associated with offshore maritime activity and accept responsibility for vessel operations, emergency communications, diversion decisions, and your use of Pelagic Medical LLC products and non-clinical materials. Nothing in this Section transfers responsibility for a physician’s professional medical judgment to the customer.

18.2  Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, PELAGIC MEDICAL LLC, ITS OFFICERS, FOUNDERS, EMPLOYEES, CONTRACTORS, AND AGENTS SHALL NOT BE LIABLE FOR ANY INJURY, DEATH, LOSS, OR DAMAGE — DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE — ARISING FROM THE USE OR MISUSE OF ANY PELAGIC MEDICAL PRODUCT, KIT, PROTOCOL, TRAINING COURSE, OR NON-CLINICAL COMMUNICATION FURNISHED BY PELAGIC MEDICAL LLC, REGARDLESS OF THE THEORY OF LIABILITY.

Nothing in these Terms governs, limits, or purports to limit liability arising from professional medical services rendered by Pelagic Medical Services, PLLC. Clinical services and any associated professional liability are governed exclusively by the patient’s agreements with Pelagic Medical Services, PLLC and applicable law, including Chapter 7.70 RCW.

18.3  Cap on Liability

TO THE EXTENT PERMITTED BY APPLICABLE LAW, PELAGIC MEDICAL LLC'S MAXIMUM AGGREGATE LIABILITY FOR ALL CLAIMS SHALL NOT EXCEED THE TOTAL AMOUNT YOU ACTUALLY PAID TO PELAGIC MEDICAL LLC IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

18.4  Exceptions

Nothing in this Article limits Pelagic Medical LLC's liability for gross negligence or willful misconduct where such limitation is prohibited by applicable law. Nothing in these Terms limits or waives any right or remedy that cannot lawfully be limited or waived under applicable law, including the Washington Product Liability Act and the Washington Consumer Protection Act. If any limitation in this Article is held unenforceable as to a particular claim, the remaining limitations continue to apply to all other claims.

You agree to indemnify, defend, and hold harmless Pelagic Medical LLC and its officers, founders, employees, contractors, and agents 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 material breach of these Terms; (b) your negligent, reckless, or intentional misuse of any Pelagic Medical LLC product, service, or material; (c) your unlawful activity; (d) unauthorized commercial distribution or use of Pelagic Medical LLC products or materials; (e) unauthorized alteration, reproduction, or republication of Pelagic Medical LLC protocols or content; or (f) third-party claims caused by your conduct. This indemnification obligation does not apply to claims arising from your ordinary use of a product in accordance with these Terms and applicable instructions, nor to claims arising from professional medical services furnished by Pelagic Medical Services, PLLC.

20.1  Privacy Policy

Our collection and use of personal information is governed by our Privacy Policy at pelagicmedical.com/privacy, incorporated into these Terms by reference.

20.2  Medical Information

Two privacy documents apply to this website and the services it describes, because two companies are involved. (1) The Pelagic Medical LLC Website and Customer Privacy Policy governs information collected by this website and in connection with product purchases. (2) The Notice of Privacy Practices of Pelagic Medical Services, PLLC governs protected health information created or received by the Practice in the clinical relationship, under HIPAA and Washington law; it is posted on the Practice’s pages of this website and provided at enrollment. Pelagic Medical LLC is not a health care provider, does not maintain the clinical record, and does not receive patient clinical communications, which are directed to the Practice’s own contact channels.

20.3  Website Data

We collect standard website usage data, account information, and transaction data. We do not sell personal information to third parties.

21.1  Governing Law

These Terms are governed by the laws of the State of Washington, without regard to its conflict-of-laws provisions, to the extent permitted by applicable law.

21.2  Informal Resolution

Before initiating any formal proceeding, you agree to contact us at info@pelagicmedical.com with written notice. We will attempt in good faith to resolve the dispute within 30 days.

21.3  Binding Arbitration

If informal resolution fails, any dispute shall be resolved by binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, in Pierce County, Washington. Arbitration may be conducted by telephone or videoconference, or based on written submissions, at the consumer’s election. The AAA Consumer Arbitration Rules govern the allocation of filing and administrative fees. Either party may bring an individual claim in small claims court instead of arbitration. Claims seeking public injunctive relief are not subject to arbitration to the extent applicable law so requires. YOU MAY OPT OUT OF THIS ARBITRATION PROVISION by sending written notice to info@pelagicmedical.com within thirty (30) days of your first purchase or acceptance of these Terms, stating your name, order number, and intent to opt out; opting out will not affect any other provision of these Terms.

21.4  Class Action Waiver

YOU AND PELAGIC MEDICAL EACH AGREE THAT ANY PROCEEDINGS WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS AND NOT IN ANY CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.

21.5  Exceptions

Either party may bring an individual claim in small claims court, or seek injunctive relief in court to prevent infringement of intellectual property rights.

21.6  Venue for Non-Arbitrable Claims

For claims not subject to arbitration, you consent to the exclusive jurisdiction of the state and federal courts in Pierce County, Washington, to the extent permitted by applicable law.

Pelagic Medical LLC shall not be liable for any failure or delay caused by circumstances beyond our reasonable control, including:

·  Acts of God, natural disasters, earthquakes, floods, or severe weather

·  Pandemics, public health emergencies, or government-mandated restrictions

·  Supply chain disruptions, carrier failures, or port closures

·  Cyberattacks, ransomware, or malicious interference with our systems

·  Cloud provider failure, hosting infrastructure outages, or internet disruptions

·  •  Satellite communications outages affecting remote care delivery

·  Government actions, sanctions, trade restrictions, or regulatory changes

Nothing in this Article modifies the separate contractual obligations, professional standards, or liability of Pelagic Medical Services, PLLC under its patient agreements or applicable law.

23.1  Entire Agreement

These Terms, together with the Pelagic Medical LLC Privacy Policy, applicable non-clinical subscription terms, and your order confirmation, constitute the entire agreement between you and Pelagic Medical LLC concerning the products and non-clinical services governed by these Terms, and supersede prior communications on those subjects. Agreements between you and Pelagic Medical Services, PLLC — including the Direct Practice Membership Agreement, Patient Services Agreement, and Remote and Maritime Care Informed Consent — are separate agreements between you and that entity and are not incorporated into these Terms except where expressly stated.

23.2  Severability

If any provision is held invalid or unenforceable, it will be modified to the minimum extent necessary and remaining provisions will remain in full force.

23.3  Waiver

Pelagic Medical's failure to enforce any provision shall not constitute a waiver.

23.4  No Third-Party Beneficiaries

These Terms do not create any third-party beneficiary rights.

23.5  Assignment

You may not assign your rights without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or asset sale.

23.6  Modifications to Terms

Changes to these Terms apply prospectively to website use, purchases, renewals, and non-clinical subscription periods occurring on or after the stated effective date. Material changes affecting an existing recurring non-clinical subscription will be provided at least 30 days in advance and will apply beginning with the next renewal or billing period, except where earlier application is required by law. Changes do not retroactively alter the terms applicable to a completed purchase.

23.7  Contact Information

Pelagic Medical LLC  ·  pelagicmedical.com  ·  info@pelagicmedical.com  ·  3215 Cabrini Drive NW, Gig Harbor, WA 98335

 

 

 

 

CUSTOMER ACKNOWLEDGMENT AND AGREEMENT

For use with offline or paper-based sales. Electronic acceptance is captured at checkout.

By signing below, I acknowledge that I have received, read, and understood the Pelagic Medical LLC Website Terms and Conditions, Version 2.3, and I agree to be legally bound by them. I further acknowledge and agree that:

 

·  Pelagic Medical LLC is not a licensed healthcare provider and does not practice medicine, diagnose conditions, prescribe medications, or provide clinical care of any kind.

·  No physician-patient relationship is created between me and Pelagic Medical LLC by my purchase of any product or service.

·  Pelagic Medical products and educational content are preparedness tools only and do not constitute individualized medical advice.

·  Physician access, clinical enrollment, scheduling, billing, and professional medical services are administered and provided exclusively by Pelagic Medical Services, PLLC under separate patient agreements. The Pelagic Medical LLC website may describe those services and route a non-clinical enrollment inquiry to the Practice, but does not administer or provide clinical services.

·  Prescription medications, if any, are furnished only if clinically appropriate and in the prescribing physician's independent professional judgment.

·  Pelagic Medical products are intended solely for use aboard my vessel by me and those lawfully aboard.

·  If my use is commercial in nature, I understand a separate commercial agreement may be required.

·  In any medical emergency, I must immediately contact appropriate emergency services without delay.

·  Offshore maritime activities involve inherent and serious risks, which I voluntarily assume.

·  Any dispute with Pelagic Medical LLC will be resolved through binding individual arbitration in Pierce County, Washington, and I waive my right to participate in any class action.

 

 

 

 

Pelagic Medical LLC  ·  pelagicmedical.com  ·  Medical Care Beyond the Horizon