Membership Terms & Conditions

Welcome to the terms and conditions ("Terms") for Clinix’s Core and Complete Membership programs. These Terms are between you (“You” or “Member”) and Performance Health Supply, Inc. doing business as Clinix ("Clinix" or "Us"), and govern our respective rights and obligations. Please note that your use of the PerformanceHealth.com website and your participation in the Clinix Core or Complete membership program are also governed by the Terms of Use referenced and linked below, as well as all other applicable terms, conditions, limitations, and requirements specified on our website, all of which (as modified from time to time) are incorporated into these Terms. If you sign up for Core or Complete membership, you accept these terms, conditions, limitations and requirements.

Fees and Renewal

Member shall pay Clinix a membership fee of $15.00 per month for the Clinix Core Program, and $50.00 per month for the Clinix Complete Program, which membership fees may be revised from time to time with notice to Member. Billing for membership fees shall be monthly, recurring and payable in advance. From time to time, we may offer different membership programs, and the fees for such memberships may vary. Membership fees are non-refundable except as expressly set forth in these Terms. Taxes may apply on either or both of the membership fees and the reduced shipping charges.

Your account will be suspended if your payment is more than thirty (30) days late, and you will not have access to your designated Clinix program, or benefit from Clinix’s preferential pricing, unless and until all payments have been made in full. If all eligible payment methods we have on file for you are declined for payment of your membership fee, you must provide us a new eligible payment method promptly otherwise your membership will be canceled. If you provide us with a new eligible payment method and are successfully charged, your new membership period will be based on the original renewal date and not the date of the successful charge.

UNLESS YOU NOTIFY US BEFORE A CHARGE THAT YOU WANT TO CANCEL OR DO NOT WANT TO AUTO RENEW, YOU UNDERSTAND YOUR CLINIX MEMBERSHIP WILL AUTOMATICALLY CONTINUE AND YOU AUTHORIZE US (WITHOUT NOTICE TO YOU, UNLESS REQUIRED BY APPLICABLE LAW) TO COLLECT THE THEN-APPLICABLE MEMBERSHIP FEE AND ANY TAXES, USING ANY ELIGIBLE PAYMENT METHOD WE HAVE ON RECORD FOR YOU.

Membership Cancellation

You may cancel your membership any time by contacting customer service at the following address: websupport@clinixco.com, or contact your Clinix representative.

Termination by Us

Clinix may terminate your membership, in relation to any conduct that we determine, in our discretion, violates the Terms, any applicable law, is conduct that involves fraud or misuse of the Clinix membership program, or is harmful to our interests or those of another user. We may also terminate your Clinix membership at our discretion without notice. Our failure to insist upon or to enforce your strict compliance with these Terms will not constitute a waiver of any of our rights.

  • Member Commitments Member commits to be clear and honest in their communications with Clinix about any involvement on their part with any hospital network or GPO, where they have already committed their spend.
  • Member shall observe all privacy restrictions related to Member’s participation in Clinix’s program, and shall indemnify Clinix for Member’s breach of any privacy restrictions that lead to legal liability or exposure.
  • Member represents and warrants that Member is in compliance with all applicable local, state and federal laws, rules, regulations and ordinances.

Clinix Complete Program, Approved Provider Contacts.

Members of the Clinix Complete Program agree to be contacted directly by Clinix’s approved providers of certain market-leading business solutions, for the purpose of being offered such solutions at discounted rates.

Shipping Benefits and Eligible Purchases

Clinix Members are provided with free shipping on standard orders of products shipped via parcel in excess of twenty dollars ($20.00). Members’ eligibility for certain shipping benefits depends upon inventory availability, order deadlines, and in some cases the shipping address. Handling fees and/or taxes may still apply to certain purchases. If only some items in your order are eligible for Clinix Member shipping, you will pay applicable shipping charges for the ineligible items. Changing or combining orders, or changing your shipping address, speed, or preferences might affect Member’s free shipping eligibility. Certain purchases may only be eligible for standard shipping because of their size, weight, and other shipping characteristics. We may disqualify certain products with special shipping characteristics from free shipping at our discretion. Additional charges will apply for oversized items, expedited orders, lift gate/inside delivery, and truck deliveries. Frequency and assortment of samples provided under Member Benefits, if any, will vary throughout the year. Please note that we may adjust product pricing without advance notice.

Limitation of Liability

IN ADDITION TO OTHER LIMITATIONS AND EXCLUSIONS IN THE TERMS OF USE FOUND AT PERFORMANCEHEALTH.COM, OUR TOTAL LIABILITY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, WILL NOT EXCEED THE LAST MEMBERSHIP FEE YOU PAID TO US. THIS LIMITATION OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND WILL SURVIVE CANCELLATION OR TERMINATION OF YOUR CLINIX MEMBERSHIP.

Other Limitations

  • We reserve the right to accept or refuse membership in our discretion.
  • We may send you email and other communications related to the Clinix Core and/or Clinix Complete programs, and your membership (regardless of any settings or preferences related to your account).
  • You may not transfer or assign your membership or any benefits, including promotion codes for memberships or benefits, except as allowed in these Terms.
  • Some program benefits may require certain purchase thresholds, have quantity or shipping address limitations, or require Members to meet specified criteria in order to access them.
  • From time to time, Clinix may choose in its sole discretion to add or remove certain membership benefits.
  • These Terms may only be modified in writing by the parties.

Disputes

The parties shall first attempt to resolve any disputes between themselves in good faith. Any dispute or claim relating in any way to these Terms or to your use of the Clinix Core or Complete Program, or to any products or services sold or distributed by Performance Health, or through performancehealth.com that is not resolved by the parties in good faith, shall be submitted to binding arbitration, and not to a court,, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to these Terms.

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the Terms and the Terms of Use as a court would.

To begin an arbitration proceeding, you must send a letter requesting an arbitration and describing your claim to our Legal Department at 28100 Torch Parkway, Suite 700, Warrenville, Illinois 60555. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another location, mutually agreed upon by the parties.

We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial. Both parties agree that either party may bring suit in court to enjoin infringement or other misuse of the other party’s intellectual property