Terms of Sale

Terms of Sale Agreement

THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.

THE AGREEMENT REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.

BY PLACING AN ORDER FOR PRODUCTS OR SERVICES FROM THIS WEBSITE, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT, AND YOU ACCEPT AND ARE BOUND BY THE AGREEMENT OF SALE AGREEMENT. YOU AFFIRM THAT IF YOU PLACE AN ORDER ON BEHALF OF AN ORGANIZATION OR COMPANY, YOU HAVE THE LEGAL AUTHORITY TO BIND ANY SUCH ORGANIZATION OR COMPANY TO THE AGREEMENT OF SALE AGREEMENT.

YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM THIS WEBSITE IF YOU (A) DO NOT AGREE TO THE AGREEMENT, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH US, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE'S CONTENTS, GOODS OR SERVICES BY APPLICABLE LAW.

This Terms of Sale Agreement (these "Agreement") applies to the purchase and sale of products and services provided by Propper Consulting, LLC (referred to as “Propper Consulting” "us", "we", or "our" as the context may require) to you the customer or user who has bought our product or otherwise provided the customer information in the Order Confirmation (“you” “your” or “Customer”) through our website (the "Site"). The Agreement are subject to change by us without prior written notice at any time, in our sole discretion. Any changes to the Agreement will be in effect as of the "Last Updated Date" referenced on the Site. You should review the Agreement before purchasing any product or services that are available through this Site. Your continued use of this Site after the "Last Updated Date" will constitute your acceptance of and agreement to such changes.

The Agreement are an integral part of the Website Terms of Use that apply generally to the use of our Site. You should also carefully review our Privacy Policy before placing an order for products or services through this Site.

Order Acceptance and Cancellation. You agree that your order is an offer to buy, under the Agreement, all products and services listed in your Order Confirmation. The Order Confirmation may be delivered electronically and through our Site. All orders must be accepted by us, or we will not be obligated to sell the products or services to you. Orders are accepted by us when we ship the Product or email a digital asset. We may choose not to accept orders at our sole discretion, even after we send you a confirmation email with your order number and details of the items you have ordered.
Prices and Payment Terms.

Prices posted on this Site may be different from prices offered by us at other locations of distribution. All prices, discounts, and promotions posted on this Site are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices may not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total and will be itemized in your shopping cart and your order confirmation email. We strive to display accurate price information, however, we may, on occasion, make inadvertent typographical errors, inaccuracies, or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.
We may offer, from time to time, promotions on the Site that may affect pricing and that may be governed by terms separate from the Agreement. If there is a conflict between the terms for a promotion and the Agreement, this Agreement will govern.
Rewards points and promotional discounts are not applicable to bulk orders of 50 or more units
Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, payment must be received by us before we accept an order. We accept the payment method listed on the Site for all purchases. You represent and warrant that (i) the credit card information you supply to us is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on the Site at the time of your order.

Shipments; Delivery; Title and Risk of Loss.

We will arrange for shipment of the products to you. Some digital Products will be emailed rather than shipped. Please check the individual product page for specific delivery options. You will pay all shipping and handling charges specified during the ordering process. Shipping and handling charges are reimbursement for the costs we incur in the processing, handling, packing, shipping, and delivery of your order.
Title and risk of loss pass to you upon delivery. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.

Returns and Refunds. All sales are final, except for any products that arrive damaged and which are not listed as non-returnable. We generally accept a return of damaged products for a replacement of the items if available or a refund of your purchase price if the item is unavailable, less the original shipping and handling costs provided such a return is made within 30 days of shipment with valid proof of purchase, provided you pay all returned shipping costs, and provided you contact our Returns Department at samanthapropper@dontmissabeat.info and obtain a Return Merchandise Authorization ("RMA") number before shipping your product. No returns of any type will be accepted without an RMA number.

Refunds are processed within approximately 15 business days of our receipt of your merchandise. Your refund will be credited back to the same payment method used to make the original purchase on the Site.

No warranties. ALL PRODUCTS AND SERVICES OFFERED ON THIS SITE ARE PROVIDED “AS IS” NOTWITHSTANDING THE EFFORTS TO PROVIDE A QUALITY PRODUCT, THE AUTHORS, CONTRIBUTORS, AND PUBLISHERS OF THE PRODUCT MAKE NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, (A) WARRANTIES OF DESIGN, (B) MERCHANTABILITY, (C) FITNESS FOR A PARTICULAR PURPOSE ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE, (D) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY, AND (E) NO WARRANTIES AS TO THE NATURE, QUALITY, ACCURACY, CONTENT, LEGALITY, RELIABILITY OR COMPLETENESS OF THE INFORMATION CONTAINED IN THE PRODUCT.
Disclaimers. DO NOT REVIEW OR USE THE CONTENTS OF THE PRODUCTS WITHOUT READING, UNDERSTANDING, AND AGREEING TO THE FOLLOWING DISCLAIMERS!

No Medical Advice: The information provided in the Product is for educational purposes only. It is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always consult with and seek the advice of qualified healthcare professionals regarding any medical condition or treatment to obtain accurate medical advice and guidance.
Licensed Physician: All content of the Product, including all procedures and diagnoses, are meant to be performed under the guidance of a properly licensed physician. The Product is not intended as a substitute for the medical advice of physicians. You should regularly consult a properly licensed physician in matters not only relating to the implementation of the information in the Product, but also, relating to his/her health and particularly with respect to any symptoms that may require diagnosis or medical attention.
Professional Competence: The information in the Product requires specialized skill, knowledge, training, experience, and expertise to implement in practice, and the information in the Product should not be used in practice without those qualifications. The Product assumes that you possess these necessary qualifications to understand and apply the content appropriately. You, and not the authors, contributors, and publishers, are fully responsible to ensure they have the requisite professional competence and qualifications to use the information in the Product.
Individual Variations: Medical procedures, equipment usage, and diagnostic techniques may vary based on specific medical conditions, patient characteristics, and professional judgment. The information provided should not be considered as universally applicable in every situation. It is crucial to consult with qualified healthcare professionals for personalized guidance. You are responsible for and encouraged to confirm any information obtained from or through the Product with other sources.
Educational Purposes: The Product is designed only to educate and inform healthcare professionals, students, or individuals with a keen interest in medical knowledge. The content aims to provide general information and techniques related to medical procedures, equipment usage, and diagnostic approaches. The review or use of the Product or its contents does not confer a license or authorization to practice medicine.
Medical Exams and Licensing: While the Product may cover topics relevant to medical exams or licensing, use of the Product does not guarantee any outcome on any exam or the obtaining of any license, and the contents of the Product may vary from the answers on any exam or test for qualification. You should tailor your exam preparation to match the exam or licensing requirements. You should consult the appropriate study materials and resources recommended for such purposes and familiarize themselves with the specific guidelines and regulations established by relevant medical boards or licensing authorities.
Rapid Change: The medical industry, including the field of cardiac catheterization, is rapidly changing and evolving, and the information in the Product may not reflect the most current practices or protocols. You must check with the physician, hospital, clinic, or related facilities’ policies and protocols, as well as relevant professional organizations and available training and education resources for the most up-to-date information and guidance. You must exercise caution and diligence and are fully responsible for ensuring the most current information is being used.
Laws: You are responsible to adhere to all applicable laws, regulations, and ethical standards within your respective jurisdictions when implementing the contents of the Product, including licensing requirements, professional standards, and all laws associated with the dissemination of information. The information provided in this work does not, and is not intended to, constitute legal advice. All information, content, and material available in this work are for general education and informational purposes only.
International Applicability: The Product is accessible internationally; however, the Product was compiled primarily using United States standards. Medical practices, laws, and regulations may vary among different countries and jurisdictions. The authors, contributors, and publishers are not responsible for ensuring compliance with specific laws or regulations. You must consider the specific local regulations and guidelines applicable to your country or jurisdiction when reviewing and applying the information provided.
Medical Equipment: Although the Product may reference supplies and equipment, no guarantee is given to the effectiveness of those supplies and equipment nor to the quality of the supplies and equipment itself. References to a brand or type of supplies or equipment is not an endorsement of the supplies and equipment, unless expressly stated as such. Further, the authors, contributors, and publishers are not responsible for broken, damaged, or failed supplies or equipment or for the use of supplies or equipment in general. The contents of the Product are not meant to be used to design, manufacture, test, approve, or train-on medical supplies and equipment. Those developing, selling, and training for the use of medical supplies and equipment should obtain your own designers, engineers, physicians, and other professionals to develop, sell, and train for the medical supplies and equipment and confirm the information in the Product should be used for your purposes.
Uninterrupted Use: The authors, contributors, and publishers do not warrant that use of any or all of the Product will be uninterrupted or error-free, or that the results obtained shall be useful or shall satisfy the use requirements of you.
External Resources: The Product may contain references or links to external websites or resources. The inclusion of these materials does not imply endorsement or guarantee the accuracy, reliability, or safety of the content provided in those resources. You should exercise caution and discretion when accessing external resources.
Improvement: Although the authors, contributors, and publishers accept no responsibility for inaccuracies or omissions, they are always grateful for suggestions for improvement. Those looking to provide suggestions may contact the author. However, no suggestions will be compensated, and all suggestions once given belong exclusively to the author. If it is found that ownership of the suggestion does not transfer to the author, by providing the suggestion you grant the author a worldwide, nonexclusive, free, transferable, license for its use.
Changes and Updates: The content of the Product may be subject to change or update without notice. While efforts are made to provide accurate and up-to-date information, no warranty is given regarding the completeness, accuracy, or reliability of the content.

BY ACCESSING AND USING THE PRODUCT, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO THE TERMS OF THIS DISCLAIMER. IF YOU DO NOT AGREE WITH ANY PART OF THIS DISCLAIMER, YOU MUST NOT PURCHASE AND/OR CONTINUE USING THE PRODUCT.

Limitation of Liability. THE AUTHORS, CONTRIBUTORS, AND PUBLISHERS OF THE PRODUCT ARE NOT LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL DAMAGES, OR ANY DAMAGES WHATSOEVER ARISING OUT OF OR IN CONNECTION WITH THE USE OR MISUSE OF THE PRODUCT OR THE INFORMATION PROVIDED WHETHER OR NOT YOU WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU BEAR THE SOLE RESPONSIBILITY FOR YOUR ACTIONS AND DECISIONS. THE AUTHORS, CONTRIBUTORS, AND PUBLISHERS ASSUME NO LIABILITY FOR ANY INJURY OR DAMAGES, WHETHER DIRECT OR INDIRECT, THAT MAY ARISE FROM THE USE OR APPLICATION OF THE INFORMATION CONTAINED IN THE PRODUCT, NOR DOES THE AUTHOR ASSUME ANY LIABILITY FOR ANY ERRORS OR OMISSIONS THAT MAY OCCUR OR BE CONTAINED HEREIN, AND YOU ARE SOLELY RESPONSIBLE FOR THE SAFETY OF YOURSELF AND THOSE UNDER YOUR RESPONSIBILITY. OUR SOLE AND ENTIRE MAXIMUM LIABILITY, FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCTS AND SERVICES YOU HAVE ORDERED THROUGH OUR SITE.
Protect the Product and Intellectual Property. You represent and warrant that you are buying the Products from the Site for your own use only, and not for resale or export. You hereby agree not to engage in, facilitate, or permit any reverse engineering, recompilation, disassembly, distribution, reproduction, uploading to shared platforms, or training platforms, any other form of unauthorized sharing of the intellectual property, or any other form of unauthorized use of the Product, our intellectual property, and our confidential information, including any attempt to uncover its underlying trade secrets, concepts, structure, or methodologies. Furthermore, you expressly undertake not to partake in any activities constituting theft or misappropriation of the intellectual property contained in the Product, and you shall take all reasonable measures to safeguard the intellectual property and prevent any actions that may lead to its distribution or reproduction without proper authorization and shall take all reasonable measures to prevent any third party from engaging in such activities. Additionally, you agree not to allow any third party, without explicit written authorization from us, to use the intellectual property in any manner. Any violation of this provision shall be considered a material breach of this agreement, empowering us to pursue all available legal remedies.
Privacy. We respect your privacy and are committed to protecting it. Our Privacy Policy, governs the processing of all personal data collected from you in connection with your purchase of products or services through the Site.
Force Majeure. We will not be liable or responsible to you, nor be deemed to have defaulted or breached the Agreement, for any failure or delay in our performance under the Agreement when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
Governing Law and Jurisdiction. This Site is operated from the US. All matters arising out of or relating to the Agreement are governed by and construed in accordance with the internal laws of the State of Florida without giving effect to any choice or conflict of law provision or rule (whether of the State of Florida or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of Florida.
Dispute Resolution and Binding Arbitration.

YOU AND US ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.
ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT, OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES THROUGH THE SITE OR THIS AGREEMENT, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION AND CONDUCTED IN ORLANDO, FLORIDA, EXCEPT ACTIONS BROUGHT BY US FOR INJUNCTIVE RELIEF MAY BE BROUGHT IN A COURT OF COMPETENT JURISDICTION.
The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Consumer Arbitration Rules (the "AAA Rules") then in effect, except as modified by this Section. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section.
The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable, or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.
You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR US WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. THIS PROVISION SHALL NOT BE SEVERABLE, AND ANY ATTEMPT TO BRING A CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION IN VIOLATION OF THIS PROVISION SHALL BE DISMISSED BY THE ARBITRATOR OR COURT, AND THE PARTIES SHALL BE RESPONSIBLE FOR THEIR OWN COSTS AND ATTORNEY'S FEES INCURRED AS A RESULT. THIS WAIVER OF CLASS ACTION ARBITRATION SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT. The arbitral tribunal may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed, and the remaining arbitration terms will be enforced.

Customer shall indemnify, defend, and hold harmless us and our officers, members, and employees from and against any and all claims, losses, damages, liabilities, awards, fees, and costs, including attorneys' fees ("Claims"), brought by any third-party arising out of or related to this Agreement or any Product or use of the Product. Upon written notice from us, you shall pay all reasonable attorney fees, and other legal costs in advance to cover any and all representations necessary to defend us from any Claims, and we shall control the strategy of any such matter.
Assignment. You will not assign any of your rights or delegate any of your obligations under the Agreement without our prior written consent. Any purported assignment or delegation in violation of this Section is null and void. No assignment or delegation relieves you of any of your obligations under the Agreement. We may assign our rights under this Agreement.
No Waivers. The failure by us to enforce any right or provision of the Agreement will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by our duly authorized representative.
No Third-Party Beneficiaries. The Agreement does not and is not intended to confer any rights or remedies upon any person other than you and us.
Notices.

To You. We may provide any notice to you under the Agreement by (i) sending a message to the email address you provide or (ii) by posting to the Site. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.
To Us. To give us notice under the Agreement, you must contact us as follows: (i) by personal delivery, overnight courier, or registered or certified mail to the address of our Florida registered agent. We may update the facsimile number or address for notices to us by posting a notice on the Site. Notices provided by personal delivery will be effective immediately. Notices provided by facsimile transmission or overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.

Severability. If any provision of the Agreement is invalid, illegal, void, or unenforceable, then that provision will be deemed severed from the Agreement and will not affect the validity or enforceability of the remaining provisions of the Agreement.
Entire Agreement. Our Order Confirmation, these Agreement, our Website Terms of Use, and our Privacy Policy will be deemed the final and integrated agreement between you and us on the matters contained in the Agreement.
This Agreement may be executed by electronic means, online click-through, and in counterparts, each of which is deemed an original, but all of which together are deemed to be one and the same agreement. An electronically signed copy of this Agreement delivered by facsimile, email, or other means of electronic transmission is deemed to have the same legal effect as delivery of an original signed copy of this Agreement, and an electronic signature shall have the same effect as an original signature.