IOPI® CARES TRAINER RENTAL PROGRAM
TERMS AND CONDITIONS
I. Rental Terms
A. There is a minimum two (2) month rental period ("Minimum Rental Period") for the Rental Program.
B. The Minimum Rental Period begins on the day the IOPI® Trainer is shipped to Customer.
C. After the Minimum Rental Period, Customer may return the IOPI® Trainer pursuant to Section VII below.
D. If Customer elects to keep the IOPI® Trainer after the Minimum Rental Period, Customer will be billed according to the terms in Section II until either occurrence in Section I.F, below ("Rental Period").
E. The billing month is based on 28 days.
F. Billing will cease on one of two occurrences:
1. Return of the IOPI® Trainer prior to the 12th payment pursuant to Section VII; or
2. After the 12th and final payment, ownership of the IOPI® Trainer will be transferred to Customer pursuant to Section VIII and this Agreement will terminate.
II. Payment Terms
A. The First Month's Rent under the Rental Program is based on the Initial Rental Period selected by Customer.
1. Customer's Initial Rental Period is specified in the Quote.
2. Customer's First Month's Rent Payment is specified in the Quote.
3. Customer's Recurring Monthly Rent Payment is $125.00, plus applicable state taxes.
B. Customer is responsible for all taxes and fees associated with this Agreement.
C. The First Month's Rent includes:
1. First Month's Rent;
2. Bulbs for the Initial Rental Period (1 for each month);
3. Shipping charges corresponding to the method selected by Customer (UPS Ground is included; overnight and 2- or 3-day shipping is available at an added cost to Customer. Return shipping is UPS Ground); and
4. Applicable taxes.
D. Customer understands that following the Initial Rental Period they will be billed every twenty-eight (28) days in the amount of $125.00, plus applicable taxes, until either occurrence in Section I.F. For example, if the IOPI® Trainer is shipped to Customer on the 15th of the month, IOPI® will bill the next month's rent 28 days from that date
E. IOPI® Trainer Bulbs: IOPI® provides one (1) IOPI® Trainer Bulb per month with the First Month’s Rent. For example, if the Customer’s Initial Rental Period is two months, they receive two (2) bulbs with their IOPI® Trainer. As directed by their healthcare provider, the Customer may purchase additional IOPI® Trainer Bulbs at a cost of $20.00/bulb, plus shipping and applicable taxes. Orders may be placed by email at info@iopicares.com or by telephone at (425) 549-0139. IOPI® recommends replacing your bulb every month.
F. Customer understands that after their 12th payment, unless Customer returns the IOPI® Trainer pursuant to Section VII, IOPI® will transfer ownership of the IOPI® Trainer to Customer pursuant to Section VIII.
G. IOPI® will provide invoices to the Customer at the email address provided on the Quote and Rental Order unless otherwise directed by Customer.
III. Customer Rental Obligations
During the Minimum Rental Period and any applicable Rental Period, Customer must:
A. Keep the IOPI® Trainer in good working condition, excepting ordinary "wear and tear" common for the intended use of the IOPI® Trainer.
B. Use the IOPI® Trainer as directed by their healthcare provider and consistent with the manufacturer's requirements and guidelines. IOPI® does not provide training on the IOPI® Trainer and Customer is directed to their healthcare provider for questions regarding use of the device.
C. Never allow a third party to alter or repair the IOPI® Trainer. This voids the IOPI® Trainer's manufacturer warranty and may damage it. Customer is responsible for loss or damage to the IOPI® Trainer caused by unauthorized repair or alteration.
D. Immediately notify IOPI® of any damage to the IOPI® Trainer, including liquid spills, drops, theft, and loss of the device. The Customer is responsible for the risk of loss or damage to the IOPI® Trainer.
E. Immediately notify IOPI® of any changes to their method of payment.
IV. IOPI® Trainer Safety and Use Guidelines
To ensure the safe use of the IOPI® Trainer, Customer must follow these guidelines as outlined in the device’s User Manual:
- WARNING: Never cover the IOPI® Trainer Bulb with plastic wrap, latex, or other material as it presents a choking hazard and may cause an allergic reaction.
- CAUTION: Do not share your IOPI® Trainer Bulb. It is intended only for use by one person. Sharing it could spread germs or make you sick.
- CAUTION: Keep the IOPI® Trainer and the Trainer Bulbs out of the reach of children. The small parts present a swallowing, choking, or gagging hazard.
- CAUTION: Do not put the IOPI® Trainer Bulb in your mouth if there is an imminent risk of you having a seizure. You could swallow or gag on the bulb during the seizure.
- CAUTION: Always hold onto the safety grip of the IOPI® Trainer Bulb any time it is in your mouth; otherwise, you could swallow or gag on the bulb.
- CAUTION: Clean the IOPI® Trainer Bulb after each use to prevent reintroducing germs into your mouth. Directions for cleaning and storing the bulb are included in the instructions that come with this component.
- CAUTION: Only use IOPI® Trainer Bulbs with the IOPI® Trainer. Using bulbs from other manufacturers could make your treatment less effective.
V. IOPI® Medical LLC Is Not A Healthcare Provider
IOPI® Medical LLC is a medical device company and is not a healthcare provider. By entering into this Agreement, Customer explicitly agrees and understands that they are responsible for seeking proper medical care from a licensed healthcare provider.
VI. IOPI® Medical LLC Maintenance Obligations
A. IOPI® will provide Customer with an IOPI® Trainer in good working condition.
B. During the Minimum Rental Period and any applicable Rental Period, IOPI® will provide maintenance and repair service for the IOPI® Trainer at no additional cost to Customer.
C. If Customer elects to keep the IOPI® Trainer pursuant to Section VIII, IOPI® Medical LLC offers maintenance and repair service at a cost.
VII. Product Return -- Terminating Rental
A. Customer may return the IOPI® Trainer any time following the Minimum Rental Period using the UPS Ground Shipping label included with the IOPI® Trainer at shipping.
B. IOPI® will cease billing Customer pursuant to Section II immediately following receipt of the returned device.
C. This Agreement terminates when the IOPI® Trainer is received by IOPI® Medical LLC.
D. IOPI® does not prorate the Recurring Monthly Payment following return of a device after the Minimum Rental Period. For example, if the Customer was billed on the 1st and the device is received at IOPI® on the 15th, IOPI® will not refund the remaining half of that month's payment to Customer.
E. Questions regarding returning the IOPI® Trainer and terminating this Agreement can be directed to (425) 549-0139, or IOPI® Medical LLC at 18500 156th Ave NE, Ste #104, Woodinville, WA 98072.
VIII. Autorenewal Termination -- Transfer of IOPI® Trainer Ownership
It is IOPI® Medical LLC's philosophy that once a Customer has rented an IOPI® Trainer under the Rental Program for a period of twelve (12) months, ownership should be transferred to the Customer.
A. Following receipt of the 12th payment under these Terms and Conditions, IOPI® Medical LLC will transfer ownership of Customer's IOPI® Trainer to Customer.
B. Immediately upon the transfer of ownership, this Agreement automatically terminates, including Customer's obligation to pay a monthly rental fee.
IX. HIPAA Compliance and Privacy
A. If this Agreement involves services, activities, or products subject to the Health Insurance Portability and Accountability Act of 1996 (HIPAA), IOPI® will appropriately safeguard Protected Health Information (defined in 45 CFR §160.103), and agrees that if applicable, it will comply with the provisions of 45 CFR 164 Subpart E regarding use and disclosure of Protected Health Information.
B. Customer may access IOPI®'s Privacy Policy here.
X. Limited One-Year Warranty
The Rental Program offers customers a new and cost-effective way to not only use an IOPI® Trainer at home, but to own one with twelve low monthly rent payments. Under the Rental Program, IOPI® offers a Limited One-Year Warranty on the IOPI® Trainer which covers the maximum Rental Period under this Agreement (12 monthly payments). If Customer elects to keep the IOPI® Trainer, the warranty begins when the IOPI® Trainer is shipped to Customer and ceases UPON TRANSFER OF OWNERSHIP PURSUANT TO SECTION VIII.
XI. Limited Liability
IN NO EVENT, REGARDLESS OF WHETHER BASED IN CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER TORT WILL IOPI® MEDICAL LLC’S LIABILITY TO CUSTOMER EXCEED THE FAIR MARKET VALUE OF THE IOPI® TRAINER GIVING RISE TO THE CLAIM OR CAUSE OF ACTION. IN NO EVENT WILL IOPI®'S LIABILITY TO CUSTOMER INCLUDE INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES.
XII. Notice of Material Change
In the event of a material change to the Agreement or these Terms and Conditions, IOPI® will notify Customer within seven (7) business days of said material change.
XIII. Default by Customer
A. If Customer defaults in the payment due in Section II, IOPI® has the right to exercise any one or more of the following remedies:
- Declare the entire amount of rent hereunder due immediately and payable, without notice or demand to Customer;
- To sue for and recover all rents, and other payments, including attorneys' fees and costs, then owed or thereafter owed;
- To initiate a debt collection process;
- To take possession of the IOPI® Trainer without demand, notice, or legal process, wherever it may be located. Customer hereby waives all damages that may arise from such taking of possession; or
- Pursue any other available remedy at law.
B. Notwithstanding any repossession, or any other such action which IOPI® may take, Customer is liable for their full performance of all obligations under this Agreement. All such remedies are cumulative and may be exercised concurrently or separately.
XIV. Indemnification
Customer agrees to indemnify, defend, and hold harmless IOPI®, its officers, employees, and agents from and against all losses, damages, injuries, claims, demands, and expenses, including legal expenses, arising out of the use, condition (including but not limited to, latent and other defects whether or not discoverable by IOPI®), or the operation of the IOPI® Trainer, regardless of where, how, and by whom it is operated.
XV. Agreement Not Assignable
Customer may not assign or sublet the IOPI® Trainer under this Agreement.
XVI. Governing Law
This Agreement will be governed by and interpreted and construed in accordance with the laws of the State of Washington, without regard to conflicts of law principles that would require application of any other law.
XVII. Entire Agreement
This Agreement represents the entire agreement between the parties. No modification to this Agreement is effective unless agreed to in writing by both parties.
XVIII. Severability
If any provision in this Agreement is held invalid or unenforceable, such provision will be severed from, and such invalidity or unenforceability may not be construed to have any effect on, the remaining portions of this Agreement.
Last Updated: 2025-04-25