Terms & Conditions

Terms and Conditions of Use at Bend National Veteran & Dot Exam Center

Effective Date: June 6, 2026

Website: bendexamcenter.cloud

Owner/Operator: BEND National Veteran & DOT Exam Center LLC (hereinafter referred to as “Company,” “we,” “us,” or “our”)

1. Acceptance of These Terms and Conditions

Welcome to BEND National Veteran & DOT EXAM Center LLC. These Terms and Conditions of Use (these “Terms”) constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you,” “your,” or “User”), and BEND National Veteran & DOT Exam Center LLC, concerning your access to and use of the website located at bendexamcenter.cloud (the “Site”) as well as any other media form, media channel, mobile website, or mobile application related or connected thereto.

By accessing, browsing, or using the Site in any manner including, without limitation, by submitting an appointment request, completing a contact form, or otherwise interacting with the Site, you represent and warrant that you have read, understood, and expressly agree to be bound by these Terms. If you do not agree with any part of these Terms, you must immediately discontinue any use of the Site and refrain from accessing it further.

These Terms are supplemented by our Privacy Policy, which is incorporated herein by reference. By agreeing to these Terms, you also acknowledge and agree to the terms of our Privacy Policy.

We reserve the right, in our sole and absolute discretion, to modify, amend, or replace these Terms at any time, for any reason, without prior notice to you. Any changes to these Terms will be posted on this page, and the “Last Updated” date at the top of this page will be revised accordingly. Your continued use of the Site following the posting of any revised Terms constitutes your binding acceptance of those changes. You are expected to check this page periodically to remain aware of any changes, as they are binding on you. If you cannot accept a modification, your sole and exclusive remedy is to stop using the Site.

The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation, or which would subject Company to any registration requirement within such jurisdiction or country. Persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

2. Description of Services

The Site is an online platform that facilitates the scheduling and booking of appointments for medical examinations, including but not limited to:

Department of Transportation (DOT) physical examinations for commercial motor vehicle drivers, conducted in accordance with applicable federal regulations, including 49 CFR §391.41 et seq., and applicable guidance issued by the Federal Motor Carrier Safety Administration (FMCSA)
Veterans Affairs (VA) examinations for military veterans seeking disability or medical compliance assessments
Other medical fitness evaluations and general health assessments as may be offered from time to time (collectively, the “Services”)

The Site enables you to submit appointment requests, provide certain personal and health-related information, receive appointment confirmations, and communicate with Company representatives regarding your appointment. The Site may also provide general informational content about DOT regulations, medical fitness standards, and related topics.

You understand and agree that the Site is a scheduling and informational tool only. The Site does not itself provide medical services, diagnoses, treatments, or medical advice of any kind. Medical services are provided solely by licensed and certified medical professionals, including but not limited to Victorine Ndematebem, MSN, FNP-C, FMCSA-certified DOT Medical Examiner, and any other qualified healthcare providers who may be associated with Company.

We reserve the right to modify, suspend, or discontinue any aspect of the Services at any time, with or without notice, and without liability to you or any third party.

3. No Medical Advice; No Physician-Patient Relationship

THE SITE DOES NOT PROVIDE MEDICAL ADVICE. All content available on or through the Site including, without limitation, text, graphics, images, articles, blog posts, frequently asked questions, informational pages, and any other materials (collectively, “Content”) is provided for general informational and educational purposes only. Such Content is not intended to constitute professional medical advice, diagnosis, or treatment, and it should not be relied upon as a substitute for consultation with a qualified healthcare professional.

USE OF THE SITE DOES NOT CREATE A PHYSICIAN-PATIENT RELATIONSHIP. Your use of the Site, submission of an appointment request, completion of any forms, or engagement with any Content does not establish a physician-patient, provider-patient, or any other healthcare relationship between you and Company. A physician-patient relationship will only be formed when you actually attend a scheduled examination in person or via telehealth (as applicable), and only to the extent permitted by applicable law and professional standards.

ALWAYS SEEK THE ADVICE OF YOUR DOCTOR OR OTHER QUALIFIED HEALTHCARE PROVIDER regarding any medical condition, before starting any new treatment, and with any questions you may have regarding your health. Never disregard professional medical advice or delay in seeking it because of something you have read on this Site.

IF YOU BELIEVE YOU ARE EXPERIENCING A MEDICAL EMERGENCY, CALL 911 OR YOUR LOCAL EMERGENCY SERVICES IMMEDIATELY. The Site is not intended for emergency medical situations. Do not use the Site to request emergency services or to communicate urgent medical needs. Company is not responsible for any delay in accessing emergency services resulting from your use of the Site.

4. DOT Physical Examinations: Specific Acknowledgment

If you are seeking a DOT physical examination through the Site, you acknowledge, understand, and expressly agree to the following:

Purpose of Examination. The DOT physical examination is a regulatory fitness-for-duty evaluation required for commercial motor vehicle drivers operating in interstate commerce under FMCSA regulations. It is NOT a comprehensive physical examination, NOT a substitute for primary care, and NOT intended to diagnose, treat, or manage medical conditions beyond determining medical qualification under federal standards.
No Guarantee of Certification. Certification is not guaranteed. The determination of medical qualification is made solely in accordance with federal regulations and the independent medical judgment of the certified medical examiner. Company and its medical examiner have no authority to waive or alter federal standards.
Employment Consequences. Employment decisions are made by your employer or prospective employer and are not controlled by Company. Company is not responsible for any employment consequences, including but not limited to job loss, hiring denial, demotion, or any other adverse employment action, arising from a medical qualification determination made in good faith and in accordance with applicable regulations.
Regulatory Reporting. The certified medical examiner is required by federal law to document examination findings, issue a Medical Examiner’s Certificate (MEC) when appropriate, report medical certification determinations to FMCSA and/or applicable state agencies, and maintain required records for federally mandated retention periods. You expressly acknowledge and authorize the release of medical qualification determinations (qualified, qualified with restrictions, temporarily disqualified, or disqualified), certification expiration dates, and other required regulatory documentation to FMCSA, state licensing agencies, and other governmental authorities as required by law.
Employer Disclosure (Limited). You authorize Company to disclose to your employer or prospective employer your medical qualification status, certification expiration date, and any work-related restrictions required under DOT regulations. No detailed medical diagnoses, treatment information, or unrelated medical history will be disclosed to your employer without separate written authorization, unless required by law.
Driver Representations. You affirm and represent that all medical history and information you provide is complete, accurate, and truthful to the best of your knowledge. You acknowledge that failure to disclose or misrepresentation of medical information may result in denial, suspension, or revocation of certification.

5. Appointment Scheduling and Confirmation

The Site provides an online appointment request system as a convenience to Users. You understand and agree to the following terms regarding appointment scheduling:

Request vs. Confirmation. Submitting an appointment request through the Site does NOT constitute a confirmed appointment. Appointments are confirmed only after you receive a confirmation communication from Company, which may be sent via email, SMS/text message, telephone call, or other method at Company’s discretion. Company reserves the right to accept, reject, or request modifications to any appointment request for any reason, including but not limited to scheduling conflicts, provider availability, or incomplete information.
Accuracy of Information. You agree to provide accurate, current, and complete information when scheduling an appointment. You are solely responsible for maintaining the accuracy of your contact and appointment details. Company is not liable for any missed, delayed, or cancelled appointments resulting from inaccurate or outdated information provided by you.
Cancellation and Rescheduling by Company. Company reserves the right to cancel, reschedule, or modify any confirmed appointment at any time, with or without prior notice, for any reason, including but not limited to medical examiner unavailability, inclement weather, technical failures, public health emergencies, or other unforeseen circumstances. In the event Company cancels or reschedules your appointment, we will make reasonable efforts to notify you and offer an alternative appointment time. Company shall not be liable for any loss, damage, cost, or expense arising from such cancellation or rescheduling.
Cancellation and No-Show by User. You agree to notify Company at least twenty-four (24) hours in advance if you need to cancel or reschedule your appointment. Failure to provide such notice, or failure to attend your scheduled appointment without prior cancellation, may result in a no-show fee at Company’s discretion. Repeated no-shows may result in Company refusing to schedule future appointments for you.
Late Arrival. If you arrive more than fifteen (15) minutes late for your scheduled appointment, Company reserves the right to reschedule your appointment based on provider availability. No refund or credit will be issued for late arrivals that result in rescheduling.
Wait Times. Estimated appointment times provided on the Site are approximate only. Actual wait times may vary due to unforeseen circumstances, and Company is not liable for any inconvenience or loss resulting from longer-than-expected wait times.

6. Payment Terms

You agree to pay all fees associated with the Services you receive, as communicated to you at, during or before the time of scheduling and confirmation, as follows:

Payment at Time of Service. Payment for all Services must be made in full at the time the Services are rendered, unless other payment arrangements have been expressly agreed to in writing by Company. Company accepts payment by credit card, debit card, and other payment methods as indicated on the Site.
Insurance Billing (If Applicable). If you provide insurance information, Company may submit claims to your insurance provider on your behalf. However, you remain solely responsible for any co-payments, deductibles, coinsurance amounts, or any portion of the fees not covered by your insurance. You agree to provide accurate and current insurance information and to notify Company promptly of any changes.
Refund Policy. All fees paid for Services rendered are non-refundable. Once a Service has been performed (including a DOT physical examination, VA examination, or other medical evaluation), no refunds will be issued, regardless of the outcome of the examination or any subsequent determinations by regulatory authorities. If Company cancels your appointment prior to the delivery of Services and is unable to reschedule to your reasonable satisfaction, Company will refund any prepaid fees for that cancelled appointment.
Billing Disputes. If you believe you have been charged in error, you must contact Company within thirty (30) days of the charge date. Failure to notify Company within such period shall be deemed a waiver of any dispute regarding that charge.
Non-Payment. If you fail to pay any fees when due, Company may refuse to provide future Services, refer the unpaid balance to a collections agency, and take any other legal or equitable action to recover the amount owed, together with any associated collection costs, attorneys’ fees, and interest as permitted by applicable law.

7. Telehealth Services (If Applicable)

In the event Company offers and you elect to participate in telehealth services (remote consultations or evaluations conducted via electronic communications), you acknowledge, understand, and expressly agree to the following:

Consent to Telehealth. You voluntarily consent to the use of telehealth technologies, which may include interactive audio, video, and/or messaging communications, for the delivery of healthcare services. You understand that telehealth may involve the transmission of your personal health information electronically.
Risks of Telehealth. You acknowledge that telehealth has potential risks, including but not limited to: technical failures (such as dropped calls, poor video quality, or internet connectivity issues); incomplete diagnostic information due to the absence of in-person physical examination; potential delays in evaluation; and the possibility that the telehealth provider may determine that an in-person visit is necessary, requiring you to attend a separate appointment. You accept these risks voluntarily.
No Emergency Services. Telehealth Services are not appropriate for medical emergencies. If you require urgent or emergency care, you must seek immediate in-person medical attention or call emergency services.
Licensing and Jurisdiction. Telehealth Services are provided only to individuals physically located in states where Company’s healthcare providers are licensed to practice. You represent that you are physically located in a jurisdiction where such Services are permitted. Company may deny or terminate telehealth Services if it determines that you are not eligible.
Withdrawal of Consent. You may withdraw your consent to telehealth at any time. However, withdrawal of consent may result in the termination of your telehealth appointment, and you may be required to schedule an in-person appointment instead. No refund will be issued for telehealth appointments terminated due to your withdrawal of consent.

8. User Responsibilities and Representations

By using the Site and Services, you represent, warrant, and agree that:

Age and Capacity. You are at least eighteen (18) years of age, or if you are under eighteen (18), you are using the Site under the supervision of a parent or legal guardian who agrees to be bound by these Terms on your behalf. You have the legal capacity to enter into a binding agreement.
Accurate Information. All information you provide to Company, whether through the Site or otherwise, is accurate, complete, truthful, and current. You will promptly update any information that changes.
Lawful Use. You will use the Site and Services only for lawful purposes and in compliance with these Terms. You will not use the Site or Services for any fraudulent, deceptive, harmful, or illegal activity.
No Harmful Code. You will not upload, transmit, or otherwise introduce any virus, worm, Trojan horse, malware, ransomware, spyware, or any other malicious code or harmful component to or through the Site.
No Unauthorized Access. You will not attempt to gain unauthorized access to any portion of the Site, any other systems or networks connected to the Site, or any accounts or data belonging to Company or other Users. You will not probe, scan, or test the vulnerability of the Site or any related system or network.
No Interference. You will not interfere with the proper operation of the Site, including but not limited to imposing an unreasonable or disproportionately large load on the Site’s infrastructure, or engaging in any denial-of-service attack or similar conduct.
No Scraping or Harvesting. You will not scrape, harvest, collect, or store any data or information from the Site, including but not limited to User information, appointment data, or Content, without Company’s express prior written consent.
Password Protection. If you create an account or use password-protected features of the Site, you are solely responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account. You will immediately notify Company of any unauthorized use of your account or any other breach of security.
Medical History Disclosure. You will provide complete, honest, and accurate medical history information to Company and its medical professionals. You understand that failure to disclose relevant medical conditions, medications, or other health information may affect your medical qualification determination and may result in denial, suspension, or revocation of any certification issued.
Self-Management of Health. You are solely responsible for your ongoing medical care and the management of your personal health conditions. Company and its healthcare providers are not responsible for monitoring your health between appointments or for any consequences arising from your failure to seek appropriate medical care.

9. Prohibited Conduct

In addition to the restrictions set forth elsewhere in these Terms, you are expressly prohibited from:

Impersonation. Impersonating any person or entity, including but not limited to Company, its employees, its healthcare providers, or any other User, or falsely stating or otherwise misrepresenting your affiliation with any person or entity.
Fraudulent Appointment Requests. Submitting appointment requests under false pretenses, including but not limited to requesting appointments for individuals other than yourself without proper authorization, or using aliases or false identities.
Harassment or Abuse. Using the Site or Services to harass, abuse, threaten, defame, or otherwise violate the legal rights of Company, its employees, its healthcare providers, or any third party.
Infringement. Uploading, transmitting, or otherwise making available any content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party.
Commercial Use. Using the Site or Services for any commercial purpose not expressly authorized by Company, including but not limited to reselling appointment slots, soliciting other Users, or using Site Content for competitive analysis or benchmarking.
Reverse Engineering. Reverse engineering, decompiling, disassembling, or otherwise attempting to derive the source code, underlying algorithms, or structure of any software or technology used in the Site.

Company reserves the right to investigate any suspected violation of these prohibitions and to take any appropriate legal action, including but not limited to reporting such violations to law enforcement authorities, terminating your access to the Site, and pursuing civil or criminal penalties.

10. Intellectual Property Rights

All Content on the Site including, without limitation, text, graphics, logos, icons, images, audio clips, video clips, digital downloads, data compilations, software, page headers, button icons, and the selection, arrangement, and organization thereof is the exclusive property of Company or its content suppliers and is protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

Company Trademarks. The BEND National Veteran and DOT Exam Center LLC name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks or registered trademarks of Company or its affiliates or licensors. You may not use such marks without the prior written permission of Company. All other names, brands, and marks are used for identification purposes only and may be the trademarks of their respective owners.

Limited License. Company grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Site and to view, download, and print copies of the Content for your personal, non-commercial use only, provided that you do not modify any Content and that you retain all copyright and other proprietary notices contained in the original Content. This license does not include any right to resell or commercially use the Site or Content; to collect and use any product listings, descriptions, or prices; to make any derivative use of the Site or Content; to download or copy account information for the benefit of another merchant; to use data mining, robots, or similar data gathering and extraction tools; or to otherwise exploit the Site or Content for any purpose without Company’s express prior written consent.

Copyright Infringement. If you believe that any Content on the Site infringes upon your copyright or other intellectual property rights, please contact Company immediately with a detailed notice containing the information required under the Digital Millennium Copyright Act (DMCA). Company will respond promptly to such notices and will take appropriate action, including removing or disabling access to the allegedly infringing material.

11. User Submissions and Electronic Communications

When you submit information through the Site including but not limited to appointment requests, contact forms, medical history information, or any other communications, you represent and warrant that all information you submit is accurate, complete, and truthful.

Electronic Communications. You acknowledge that electronic communications, including email, SMS/text messages, and forms submitted through the Site, may not be fully secure. By using the Site, you acknowledge and accept the risk that electronic communications could be intercepted, accessed, or viewed by unauthorized parties. You agree not to submit any highly sensitive or urgent medical information through the Site, and instead to communicate such information directly with your healthcare provider using more secure methods.

No Confidentiality. While Company takes reasonable measures to protect your information, you acknowledge that any information you submit through the Site (other than protected health information governed by HIPAA) is not confidential and may be used by Company as set forth in our Privacy Policy.

No Obligation to Act. Company is not obligated to act upon any suggestions, feedback, comments, or other submissions you provide. You grant Company an unrestricted, perpetual, irrevocable, royalty-free, worldwide license to use, reproduce, modify, adapt, publish, translate, distribute, and display any such submissions in any media now known or hereafter developed.

12. Third-Party Links and Services

The Site may contain links to third-party websites, applications, services, or resources that are not owned or controlled by Company. Such links are provided for your convenience only. Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. By using the Site, you expressly release Company from any and all liability arising from your use of any third-party website or service.

No Endorsement. The inclusion of any link to a third-party website does not imply endorsement by Company of that website, its operators, or any products or services offered through it. You access third-party websites and services at your own risk, and you are encouraged to review the terms and privacy policies of any third-party website you visit.

Third-Party Integrated Services. The Site may integrate with third-party services, including but not limited to payment processors, analytics providers, and mapping services. You agree that Company is not responsible for any issues arising from your use of such integrated services, and you agree to comply with any applicable terms of service imposed by such third parties.

13. Disclaimer of Warranties

YOUR USE OF THE SITE AND SERVICES IS AT YOUR SOLE RISK. THE SITE AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, RELIABILITY, AND NON-INFRINGEMENT.

WITHOUT LIMITING THE FOREGOING, COMPANY DOES NOT REPRESENT OR WARRANT THAT:

The Site or Services will meet your requirements or expectations;
The Site or Services will be uninterrupted, timely, secure, or error-free;
Any results or information obtained from the use of the Site or Services will be accurate, complete, reliable, or current;
Any errors or defects in the Site or Services will be corrected;
The Site or the servers that make the Site available are free of viruses or other harmful components;
Any medical examination or certification determination will result in a favorable outcome for you.

COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE OR ANY HYPERLINKED WEBSITE OR SERVICE, AND COMPANY WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

COMPANY MAKES NO REPRESENTATION THAT THE SITE IS APPROPRIATE OR AVAILABLE FOR USE IN LOCATIONS OTHER THAN WHERE IT IS OPERATED. IF YOU ACCESS THE SITE FROM OTHER LOCATIONS, YOU DO SO ON YOUR OWN INITIATIVE AND ARE SOLELY RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAWS.

14. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL COMPANY, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, LICENSORS, SERVICE PROVIDERS, SUCCESSORS, OR ASSIGNS (COLLECTIVELY, THE “COMPANY PARTIES”) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, PERSONAL INJURY, OR ANY OTHER PECUNIARY OR NON-PECUNIARY LOSS) ARISING OUT OF OR IN ANY WAY CONNECTED WITH:

YOUR USE OF, OR INABILITY TO USE, THE SITE OR SERVICES;
ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SITE;
ANY CONTENT OBTAINED FROM THE SITE;
UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT;
THE OUTCOME OF ANY MEDICAL EXAMINATION, INCLUDING ANY DETERMINATION OF MEDICAL FITNESS, CERTIFICATION, OR DISQUALIFICATION;
ANY EMPLOYMENT CONSEQUENCES ARISING FROM A MEDICAL QUALIFICATION DETERMINATION;
ANY REGULATORY REPORTING OR DISCLOSURE MADE IN COMPLIANCE WITH APPLICABLE LAW;
ANY INTERRUPTION, DELAY, CANCELLATION, OR RESCHEDULING OF AN APPOINTMENT;
ANY TECHNICAL FAILURE, SYSTEM ERROR, OR COMMUNICATION INTERRUPTION; OR
THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES.

THIS LIMITATION OF LIABILITY APPLIES REGARDLESS OF THE LEGAL THEORY UPON WHICH ANY CLAIM IS BASED, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, AND EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS, THE MAXIMUM AGGREGATE LIABILITY OF THE COMPANY PARTIES FOR ANY CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS, THE SITE, OR THE SERVICES SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT OF FEES YOU HAVE PAID TO COMPANY IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100.00).

NOTHING IN THESE TERMS LIMITS LIABILITY FOR GROSS NEGLIGENCE, WILLFUL MISCONDUCT, FRAUD, DEATH, OR PERSONAL INJURY CAUSED BY COMPANY’S NEGLIGENCE, OR FOR ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

15. Indemnification

You agree to defend, indemnify, and hold harmless the Company Parties from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, and expenses (including but not limited to reasonable attorneys’ fees, court costs, and expert witness fees) arising out of or related to:

Your use of and access to the Site or Services;
Your violation of any term of these Terms;
Your violation of any third-party right, including without limitation any copyright, property, privacy, or publicity right;
Any claim that any information or content you submitted caused damage to a third party;
Any misrepresentation made by you, including but not limited to inaccurate medical history information;
Your failure to disclose any medical condition or information that may affect your examination or certification;
Any misuse of the Site or Services by you or anyone using your account; or
Your violation of any applicable law, rule, or regulation.

Company 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 Company in asserting any available defenses. This indemnification obligation will survive the termination of these Terms and your use of the Site and Services.

16. Termination

These Terms shall remain in full force and effect while you use the Site or Services. Company may, in its sole and absolute discretion, and without prior notice or liability to you or any third party:

Terminate, suspend, or restrict your access to all or any part of the Site or Services;
Cancel any pending or confirmed appointments;
Remove any information or content you have submitted; or
Otherwise prohibit or restrict your use of the Site or Services.

Grounds for termination, suspension, or restriction include, but are not limited to:

Your breach of any provision of these Terms;
Your violation of any applicable law, regulation, or third-party right;
Your submission of false, inaccurate, or incomplete information;
Your fraudulent or deceptive conduct;
Conduct that, in Company’s determination, is harmful to Company, its employees, its healthcare providers, other Users, or any third party;
Your failure to pay any fees when due; or
Company’s determination, in its sole discretion, to discontinue the Site or Services, in whole or in part.

Upon termination of these Terms for any reason:

All rights and licenses granted to you under these Terms will immediately cease;
You must immediately cease all use of the Site and Services;
Company may, but is not obligated to, delete any information or content associated with your account;
Any fees paid prior to termination are non-refundable, except as expressly provided in Section 6 (Payment Terms);
The provisions of these Terms that by their nature should survive termination shall survive, including but not limited to Intellectual Property Rights, Disclaimer of Warranties, Limitation of Liability, Indemnification, Governing Law, and Dispute Resolution.

17. Force Majeure

Company shall not be liable for any delay or failure to perform any obligation under these Terms (other than a payment obligation) if such delay or failure is caused by events beyond Company’s reasonable control, including but not limited to: acts of God, natural disasters, earthquakes, floods, fires, storms, pandemics, epidemics, public health emergencies, acts of war, terrorism, civil unrest, riots, strikes, labor disputes, power outages, internet service provider failures, telecommunications failures, software or hardware malfunctions, cyberattacks, denial-of-service attacks, changes in law or regulation, governmental actions, or any other event that is not reasonably foreseeable or within Company’s control.

In the event of a force majeure event, Company’s obligations under these Terms shall be suspended for the duration of the force majeure event, and Company shall have no liability to you for any delay, failure, or inability to perform. Company will make reasonable efforts to notify you of any force majeure event affecting your appointment and to reschedule your appointment as soon as practicable.

18. Governing Law and Jurisdiction

GOVERNING LAW. These Terms and any dispute arising out of or relating to these Terms, the Site, or the Services shall be governed by and construed in accordance with the laws of the State of Ohio, without regard to its conflict of laws principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.

EXCLUSIVE JURISDICTION. Subject to the arbitration provision in Section 19 (Dispute Resolution; Binding Arbitration), you agree that any legal action or proceeding arising out of or relating to these Terms, the Site, or the Services shall be brought exclusively in the state or federal courts located in Franklin County, Ohio. You hereby consent to the personal jurisdiction of such courts and waive any objection based on improper venue or forum non conveniens.

WAIVER OF JURY TRIAL. TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU AND COMPANY EACH HEREBY IRREVOCABLY WAIVE ANY AND ALL RIGHTS TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THESE TERMS, THE SITE, OR THE SERVICES.

WAIVER OF CLASS ACTION. TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT ANY PROCEEDING TO RESOLVE ANY DISPUTE ARISING OUT OF OR RELATING TO THESE TERMS, THE SITE, OR THE SERVICES SHALL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS, CONSOLIDATED, REPRESENTATIVE, OR COLLECTIVE ACTION. YOU AGREE TO GIVE UP ANY RIGHT TO PARTICIPATE IN A CLASS ACTION OR CLASS ARBITRATION.

19. Dispute Resolution; Binding Arbitration

Please read this Section carefully. It affects your legal rights, including your right to bring a lawsuit in court.

Mandatory Arbitration. Any dispute, controversy, or claim arising out of or relating to these Terms, the Site, or the Services, including the breach, termination, enforcement, interpretation, or validity thereof, shall be resolved exclusively by binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this Section.

Arbitration Procedures. The arbitration shall be conducted by a single neutral arbitrator who is either a retired judge or an attorney licensed to practice law in the State of Ohio and experienced in commercial disputes. The arbitration shall be held in Columbus, Ohio, or at such other location as the parties may mutually agree. The language of the arbitration shall be English.

Arbitration Costs. Payment of all filing, administration, and arbitrator fees will be governed by the AAA Rules. Company will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines that your claim is frivolous or brought for an improper purpose.

No Class or Representative Arbitrations. The arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.

Small Claims Court. Notwithstanding the foregoing, either party may bring an individual action in small claims court (but not in any other court) within the applicable jurisdiction, provided that such action is not brought on a class, representative, or consolidated basis.

Statute of Limitations. Any claim arising out of or relating to these Terms, the Site, or the Services must be filed within one (1) year after the claim arose; otherwise, such claim is permanently barred.

Right to Opt Out. You may opt out of this arbitration provision by sending a written notice to Company within thirty (30) days of the Effective Date or your first use of the Site, whichever is later. The opt-out notice must be sent to the address provided in Section 22 (Contact Information) and must include your full name, contact information, and a clear statement that you opt out of the arbitration provision. Opting out will not affect any other terms of these Terms.

20. General Provisions

Severability. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be enforced to the maximum extent permissible, and the remaining provisions of these Terms shall remain in full force and effect.

Entire Agreement. These Terms, together with our Privacy Policy and any other legal notices or agreements expressly incorporated by reference, constitute the entire and exclusive agreement between you and Company regarding the Site and Services, and supersede and replace any and all prior or contemporaneous agreements, understandings, representations, or warranties, whether written or oral, regarding such subject matter.

Waiver. No waiver of any provision of these Terms by Company shall be deemed a further or continuing waiver of such provision or any other provision, and Company’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

Assignment. You may not assign, delegate, or transfer these Terms or any of your rights or obligations hereunder without Company’s prior written consent. Company may assign these Terms freely, in whole or in part, without notice to you.

No Third-Party Beneficiaries. These Terms are for the benefit of you and Company and, to the extent expressly provided, the Company Parties. No other person or entity shall have any right to enforce any term of these Terms.

Electronic Contract. You agree that these Terms constitute a legally binding contract formed electronically, and you agree to be bound by all terms and conditions contained herein. You agree that electronic signatures (including, without limitation, clicking “I Agree,” “Submit,” “Accept,” or similar buttons or checkboxes) are valid and binding.

Headings. The section and paragraph headings in these Terms are for convenience only and shall not affect the interpretation or construction of these Terms.

Relationship of Parties. Nothing in these Terms shall be construed to create a partnership, joint venture, employment, agency, franchise, or fiduciary relationship between you and Company. You are acting solely as an independent contractor.

No Third-Party Liability. Company is not responsible or liable for the acts or omissions of any third party, including but not limited to any third-party service provider, payment processor, analytics provider, or any User of the Site.

21. HIPAA Acknowledgment

Protected Health Information (PHI). As a healthcare services provider, Company may create, receive, maintain, or transmit your protected health information in connection with the Services. Such information is protected under the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and applicable state privacy laws. For a detailed description of how your PHI may be used and disclosed, please refer to our Notice of Privacy Practices, which is available upon request.

Acknowledgment. You acknowledge that you have been advised of, and have had an opportunity to review, our Notice of Privacy Practices prior to receiving any Services. You understand that Company may use and disclose your PHI for treatment, payment, and healthcare operations purposes, as well as for regulatory reporting required by FMCSA and other applicable laws.

Right to Access. You have the right to request access to and copies of your medical records, including your Medical Examination Report (MER) and Medical Examiner’s Certificate (MEC) for DOT examinations, subject to the provisions of HIPAA and applicable state law.

No Waiver of HIPAA Rights. Nothing in these Terms is intended to waive or diminish any rights you may have under HIPAA or any other applicable privacy law.

22. Contact Information

If you have any questions, concerns, or complaints regarding these Terms, the Site, or the Services, please contact Company at:

BEND National Veteran & DOT Exam Center LLC.

Email: info@bendexamcenter.cloud

Postal Address: ( 3184 W Broad St. Suite D, Columbus Oh, 43204 )

Phone: +1 (614) 657 – 5157

For Legal Notices: All legal notices required or permitted under these Terms shall be in writing and shall be sent to the email address listed above.

We will make every reasonable effort to address your concerns and respond to your inquiries within a reasonable timeframe. However, please understand that these Terms are a legally binding contract, and no response to an inquiry shall modify or waive any provision of these Terms unless expressly agreed to in writing by an authorized representative of Company.

BY USING THE SITE OR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS SET FORTH IN THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST IMMEDIATELY CEASE USING THE SITE AND SERVICES.