Terms & Conditions

Last Updated:  January 17, 2025

1. Agreement to Terms of Use

PLEASE READ THESE TERMS OF USE CAREFULLY. These Terms are a legal contract between you and Trice Medical, Inc. a Delaware corporation (“Trice”) and/or its subsidiary, Tenex Health, Inc., a   Delaware corporation (“Tenex”) (and collectively “Company”, “Trice”, “we,” “our” or “us).

These Terms govern your use and access of  our website located at i.www.tricemedical.com;  ii. www.tenexhealth.com; iii. www.helphealmydfu.com and iv. www. tenexresources.com (collectively the “Sites (the “Sites”) and the related services (collectively “Services”). 

By accessing the Sites or using the Services, you agree to these Terms and the terms of our Privacy Policy, whether or not you choose to create an account.  To use the Services, you must accept all of these Terms.  If you disagree with these Terms or find them unacceptable in any way, do not use the Services.

If you use the Services on behalf of an individual or entity other than yourself, you represent that you are authorized by such individual or entity to enter and accept these Terms on such individual’s or entity’s behalf.

2. Changes to Terms of Service and Services

To the fullest extent permitted by law, we reserve the right to change these Terms at any time in our sole discretion and to notify users of any such changes by posting the amended Terms on our Site.  The most current version of these Terms will supersede all previous versions. Your continued use of the Services after the posting of any amended Terms shall constitute your agreement to be bound by such changes.

We may from time to time add new Services, substitute a new service for one of the existing Services, or discontinue or suspend one of the existing Services. The use of new services will be governed by these Terms. You agree that we will not be liable to you or any third party for any change, suspension or discontinuation of any of the Services or portion thereof.

3. Privacy Statement

Your privacy is important to us. Please refer to our Privacy Policy for information on how we collect, use and disclose personally identifiable information from users. Upon acceptance of these Terms, you confirm that you have read, understood, and accepted our Privacy Policy.

4. Information on the Site Is Not Medical Advice

THE SITE IS NOT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL ADVICE. THE SERVICES AND CONTENT ARE NOT INTENDED TO BE A SUBSTITUTE, NOR A REPLACEMENT, FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT, AND ANY CONTENT MADE AVAILABLE THROUGH THE SERVICES IS NOT INTENDED TO BE, AND SHOULD NOT BE RELIED UPON OR CONSTRUED AS, THE PRACTICE OF PROFESSIONAL HEALTHCARE OR MEDICAL ADVICE OR THE PROVISION OF MEDICAL CARE.

UNDER NO CIRCUMSTANCES WILL WE BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE SITE.   NOTHING ON THIS SITE HAS BEEN REVIEWED BY THE FDA AND IS NOT INTENDED TO REPLACE THE ADVICE OF A LICENSED MEDICAL PROFESSIONAL. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION, OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE SITE. PLEASE SEEK THE ADVICE OF MEDICAL PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC INFORMATION, OPINION, ADVICE OR OTHER CONTENT. NEVER DISREGARD PROFESSIONAL ADVICE, INCLUDING MEDICAL ADVICE, OR DELAY IN SEEKING IT, BECAUSE OF SOMETHING YOU HAVE READ ON THIS SITE.

5.  Content and Responsibility

“Content” as used herein includes, but is not limited to, all written materials, articles, data, images, podcasts, audios, videos, worksheets, photographs, search results, blogs, and other information and materials provided, made available or otherwise found through the Services.

We make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through the Site and/or the Services. We have no special relationship with or fiduciary duty to you.

In addition, Trice may publish, provide, link to or utilize third-party data and other content, on the Site or in connection with the Services (collectively the “Third-Party Content”) as a service to those interested in this information.

TRICE DOES NOT CONTROL, ENDORSE OR ADOPT ANY THIRD-PARTY CONTENT AND MAKES NO REPRESENTATION OR WARRANTIES OF ANY KIND REGARDING THE THIRD-PARTY CONTENT, INCLUDING WITHOUT LIMITATION REGARDING ITS ACCURACY, CURRENCY, OR COMPLETENESS. YOU ACKNOWLEDGE AND AGREE THAT TRICE IS NOT RESPONSIBLE OR LIABLE IN ANY MANNER FOR ANY THIRD-PARTY CONTENT AND UNDERTAKES NO RESPONSIBILITY TO UPDATE OR REVIEW ANY THIRD-PARTY CONTENT. USERS USE SUCH THIRD-PARTY CONTENT AND ANYTHING DERIVED THEREFROM AT THEIR OWN RISK.

Trice does not recommend, endorse, screen, or approve of any medical procedures, tests, data, or other information that may be addressed in the Content. Additionally, Trice does not necessarily endorse, share, or claim the same values, opinions, or beliefs of the Content or of its creators. 

6. User-Generated Content; User Conduct

The Services now or in the future may include interactive areas (“Interactive Areas”), such as forums, in which you or other users create, post or store any content, participate in Zoom or other video conferences, messages, reviews, materials, text, photos, video, graphics, or other items or materials on the Site (“User Content”). You are the sole owner of any User Content and Trice will assert no ownership rights in any User Content.

You are solely responsible for your use of such Interactive Areas and use them at your own risk. You agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Site any of the following:

• User Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, false, misleading, fraudulent or otherwise objectionable;
• User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law, including, without limitation, the regulations of the U.S. Securities and Exchange Commission or any rules of a securities exchange such as the New York Stock Exchange, the American Stock Exchange or the NASDAQ;
• User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By posting any User Content, you represent and warrant that you have the lawful right to distribute and reproduce such User Content;
• User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
• Unsolicited promotions, political campaigning, advertising or solicitations;
• Private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
• Viruses, corrupted data or other harmful, disruptive or destructive files; and
• User Content that, in the sole judgment of Trice, is objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Areas or the Site, or which may expose Trice or its users to any harm or liability of any type.

You further agree that you own and are solely responsible for any User Content as well as your conduct while on the Site and in any Interactive Areas and in connection with the Services.

You agree that you will not do any of the following in connection with the Site, the Service or its users:

• Use the Site or the Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Site or that could damage, disable, overburden or impair the functioning of the Site in any manner;
• Impersonate or post on behalf or any person or entity or otherwise misrepresent your affiliation with a person or entity;
• Stalk, intimidate, threaten, or otherwise harass or cause discomfort to other users;
• Send, distribute or post spam, unsolicited or bulk commercial electronic communications, chain letters, or pyramid schemes;
• Harvest or otherwise collect information about users, including email addresses, without their consent;
• Scrape the Site or the Services or otherwise use any data mining, robots or similar data gathering or extraction methods in connection therewith;
• Use the Site or the Services for any illegal or unauthorized purpose or engage in, encourage, or promote any illegal activity, or any activity that violates these Terms of Service; or
• Circumvent or attempt to circumvent any filtering, security measures or other features Trice may adopt to protect the Site, the Services, its users or third parties.

Trice takes no responsibility and assumes no liability for any User Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, or for any user conduct, nor is Trice liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. You will indemnify Trice from any claims arising from your User Content.  Your use of Interactive Areas is at your own risk. Enforcement of the User Content or conduct rules set forth in these Terms is solely at Trice’s discretion, and failure to enforce such rules in some instances does not constitute a waiver of Trice’s right to enforce such rules in other instances.

In addition, these rules do not create any private right of action on the part of any third party or any reasonable expectation that the Site, including any Interactive Areas, will not contain any content that is prohibited by such rules.  Trice is not liable for any statements, representations or User Content provided by its users in any forum, home page or other Interactive Area. Although Trice has no obligation to screen, edit or monitor any of the User Content posted in any Interactive Area, Trice reserves the right, and has absolute discretion, to remove, screen or edit any User Content posted or stored on the Site at any time and for any reason without notice, and you are solely responsible for creating backup copies of and replacing any User Content you post or store on the Site at your sole cost and expense. Any use of any Interactive Areas or other portions of the Site in violation of the foregoing violates these Terms of Service and may result in, among other things, termination or suspension of your rights to use the interactive areas and/or the Site.

7. Medical Emergencies

IF YOU EXPERIENCE A MEDICAL EMERGENCY, IMMEDIATELY CALL A HEALTHCARE PROFESSIONAL AND 911. DO NOT RELY ON THE SERVICES FOR A MEDICAL EMERGENCY. 

8. Age Restrictions

The Services are intended for users who are 18 years of age and above. Some of the content on the Site may be inappropriate for children. You must be 18 years of age or older to create an account with us or use the Services. 

If you are not eligible to access the Services under these Terms, do not use the Services. Trice disclaims any and all liability arising from use of the Services by individuals under the age of 18.

9. No Patient Relationship Is Formed Through the Site or Services

NO PATIENT RELATIONSHIP IS CREATED THROUGH YOUR USE OF THE SERVICES OR CONTENT, INCLUDING, WITHOUT LIMITATION, THROUGH USE OF OUR SERVICES.

10. Accounts 

No account is required just to access the Sites. 

Only tenexresources.com requires an account. These accounts are available only to licensed healthcare providers and business associates (such as distributors, marketing agencies working with healthcare providers).  Users of tenexresources must maintain the confidentiality of the access credentials to their accounts and will promptly notify Trice in writing of any actual or reasonably suspected unauthorized access to any authorized user account. 

We may suspend or terminate accounts in accordance with these Terms and in our sole discretion. We are under no obligation to retain a record of accounts or any data or information that may have been stored by means of the account or use of the Services.

11. Disclaimer of Warranties

EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY TRICE, ALL SERVICES, ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED.

TRICE EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. TRICE MAKES NO REPRESENTATION OR WARRANTY THAT THE SITE, CONTENT OR SERVICES WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR WILL BE ACCURATE, RELIABLE, CURRENT OR ERROR-FREE.

ALTHOUGH ALL CONTENT AVAILABLE THROUGH THE SITES, INCLUDING BUT NOT LIMITED TO DATA, TECHNICAL DRAWINGS, CONFIGURATIONS, QUOTE AND ORDER INFORMATION AND CATALOG LISTINGS ARE BELIEVED TO BE ACCURATE, TRICE IS NOT RESPONSIBLE FOR THE ACCURACY, RELIABILITY, TIMELINESS OR COMPLETENESS OF INFORMATION PROVIDED TO OR BY USERS OF THE SERVICES OR ANY OTHER DATA OR INFORMATION PROVIDED OR RECEIVED THROUGH THE SERVICES. EXCEPT AS EXPRESSLY SET FORTH HEREIN, TRICE MAKES NO WARRANTIES ABOUT THE PRODUCTS AND FUNCTIONS MADE ACCESSIBLE THROUGH THE SERVICES OR ANY OTHER SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION.  THIS WEBSITE CONTAINS INFORMATION ABOUT TRICE PRODUCTS AVAILABLE FOR USE IN THE UNITED STATES, AND IS INTENDED FOR A UNITED STATES AUDIENCE ONLY. 

IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SITE, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF FIRST USE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

FURTHER, TRICE EXPLICITLY DISCLAIMS ANY RESPONSIBILITY FOR, AND YOU HEREBY WAIVE ANY AND ALL CLAIMS AGAINST US WITH RESPECT TO, THE ACCURACY, CONTENT OR AVAILABILITY OF INFORMATION FOUND ON A SITE THAT LINKS TO OR FROM A THIRD-PARTY SITE.  TRICE CANNOT ENSURE THAT USERS WILL BE SATISFIED WITH ANY PRODUCTS OR SERVICES THAT ARE PURCHASED FROM SUCH A THIRD-PARTY SITE, SINCE SUCH SITE ARE OWNED AND OPERATED BY OTHERS. TRICE DOES NOT ENDORSE ANY OF SUCH PRODUCTS OR SERVICES, NOR HAS TRICE TAKEN ANY STEPS TO CONFIRM THE ACCURACY OR RELIABILITY OF ANY OF THE INFORMATION CONTAINED IN ANY THIRD PARTY SITE. TRICE DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES AS TO THE SECURITY OF ANY INFORMATION (INCLUDING CREDIT CARD AND OTHER PERSONAL INFORMATION) USERS MIGHT BE REQUESTED TO GIVE A THIRD-PARTY SITE. TRICE STRONGLY ENCOURAGES USERS TO MAKE THEIR OWN INVESTIGATION OF THIRD-PARTY SITES BEFORE PROCEEDING WITH ANY TRANSACTION WITH SUCH THIRD PARTIES.

THIS WEBSITE MAY CONTAIN FORWARD-LOOKING STATEMENTS THAT REFLECT OUR CURRENT EXPECTATION REGARDING FUTURE EVENTS AND BUSINESS DEVELOPMENTS. THE FORWARD-LOOKING STATEMENTS INVOLVE RISKS AND UNCERTAINTIES. ACTUAL DEVELOPMENTS OR RESULTS COULD DIFFER MATERIALLY FROM THOSE PROJECTED AND DEPEND ON A NUMBER OF FACTORS INCLUDING, BUT NOT LIMITED TO, THE SUCCESS OF CURRENT RESEARCH PROGRAMS, RESULTS OF PENDING OR FUTURE CLINICAL TRIALS, ONGOING COMMERCIALIZATION OF OUR PRODUCTS, REGULATORY APPROVALS, VALIDITY, AND ENFORCEMENT OF ITS PATENTS, THE STABILITY OF OUR COMMERCIAL RELATIONSHIPS, AND THE GENERAL ECONOMIC CONDITIONS. WE STRIVE TO UPDATE THE SITES ON A REGULAR BASIS BUT ASSUME NO OBLIGATION TO UPDATE ANY OF THE CONTENT.

12. Limitation of Liability

To the fullest extent permitted by applicable law: (a) in no event shall Trice, its directors, members, employees or agents be liable for any special, indirect or consequential damages, including but not limited to loss of use, loss of profits or loss of data, whether in an action in contract, tort (including but not limited to negligence) or otherwise, arising out of or in any way connected with the use of or inability to use the Sites,  the Content, the Services or the materials contained in or accessed through the Sites, including without limitation any damages caused by or resulting from reliance by user on any information obtained from Trice, or that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission or any failure of performance, whether or not resulting from acts of god, communications failure, theft, destruction or unauthorized access to Trice’s records, programs or services; and (b) in no event shall the aggregate liability of Trice, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, arising out of or relating to the use of or inability to use the Site exceed $100.

13. Indemnification

You agree to defend, indemnify, and hold harmless Trice and our officers, employees, independent contractors, suppliers and agents from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or relating to (a) your use of the Sites and/or Services, (b) your violation of applicable laws or regulations or (c) your conduct, your violation of these Terms or your violation of the rights of any third party.

14. Termination

Notwithstanding any of these Terms, Trice reserves the right, without notice and in its sole discretion, to terminate your license to use the Sites and related services, and to block or prevent future your access to and use of the Sites.

15. DMCA

It is Trice’s policy to respond to notices of alleged copyright infringement with the Digital Millennium Copyright Act (“DMCA”). If you believe any materials accessible on or from our Sites infringe your copyright, you may request removal of those materials (or access thereto) from the Sites by contacting our copyright agent (identified below) and providing the following information:

• Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
• Identification of the material that you believe to be infringing and its location. Please describe the material and provide us with its URL or any other pertinent information that will allow us to lo cate the material.
• Your name, address, telephone number and (if available) e-mail address.
• A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
• A statement that the information that you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or are authorized to act on the copyright owner’s behalf.
• A signature or the electronic equivalent from the copyright holder or authorized representative.

Trice’s agent for copyright issues relating to these Site is as follows:

Trice Medical 

40 General Warren Boulevard

Suite 100

Malvern, PA 19355

Attention:  Chief Legal Officer  

In an effort to protect the rights of copyright owners, Trice maintains a policy for the termination, in appropriate circumstances, of users of the Site who are repeat infringers.

16. Applicable Law and Venue

These Terms and your use of the Services shall be governed by and construed in accordance with the laws of the State of Delaware, applicable to agreements made and to be entirely performed within the State of Delaware, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these Terms shall be filed only in the state and federal courts located in Delaware and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Terms.

17. Severability

If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

18. Questions and Contact Information

If you have any comments, concerns or questions about these Terms or our Services, please contact us at:

info@tricemedical.com or 

Trice Medical 

40 General Warren Boulevard

Suite 100

Malvern, PA 19355