DCS Courier Service (Terms – Notices – Policies)
DCS COURIER SERVICE WEBSITE TERMS OF SERVICE
DCS COURIER SERVICE
WEBSITE TERMS OF SERVICE
Effective Date: May 21, 2026
ARTICLE 1
ACCEPTANCE OF TERMS
These Website Terms of Service (“Terms”) constitute a legally binding agreement between DCS Courier Service (“DCS,” “Company,” “we,” “us,” or “our”) and any individual, business entity, healthcare provider, governmental organization, institution, patient, caregiver, visitor, customer, or other person (“User,” “you,” or “your”) who accesses, browses, uses, interacts with, submits information through, requests services through, or otherwise utilizes the DCS Courier Service website, mobile website, online portals, applications, forms, communication systems, software, digital services, and all related online resources (collectively, the “Website”).
BY ACCESSING OR USING THE WEBSITE IN ANY MANNER, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND IRREVOCABLY AGREE TO BE BOUND BY THESE TERMS, OUR PRIVACY POLICY, AND ALL APPLICABLE LAWS AND REGULATIONS.
IF YOU DO NOT AGREE TO THESE TERMS IN THEIR ENTIRETY, YOU MUST IMMEDIATELY CEASE ALL USE OF THE WEBSITE.
Your continued access to or use of the Website constitutes your ongoing acceptance of these Terms and any future modifications.
These Terms shall apply regardless of whether you access the Website as:
- A healthcare provider;
- A hospital representative;
- A laboratory representative;
- A pharmacy representative;
- A government agency representative;
- A research institution representative;
- A patient;
- A caregiver;
- A family member;
- A commercial customer;
- A prospective customer;
- A visitor; or
- Any other Website user.
ARTICLE 2
DEFINITIONS
For purposes of these Terms, the following definitions shall apply:
“Company”
“DCS,” “DCS Courier Service,” “Company,” “we,” “our,” and “us” shall collectively refer to DCS Courier Service and its owners, officers, directors, managers, employees, contractors, representatives, agents, affiliates, successors, and assigns.
“Website”
“Website” means all online resources operated by DCS Courier Service, including but not limited to:
- Websites;
- Landing pages;
- Online forms;
- Mobile websites;
- Customer portals;
- Online scheduling systems;
- Communication platforms;
- Digital applications;
- Software interfaces;
- Electronic messaging systems.
“Services”
“Services” means transportation, logistics, courier, delivery, retrieval, and related support services offered by DCS.
“Customer”
“Customer” means any person or entity that requests, purchases, schedules, arranges, or receives Services.
“Healthcare Information”
“Healthcare Information” means information relating to patients, healthcare providers, healthcare facilities, prescriptions, medications, medical conditions, laboratory testing, treatment records, healthcare operations, or other healthcare-related matters.
“Protected Health Information” or “PHI”
PHI shall have the meaning assigned under applicable federal and state law, including HIPAA and related regulations.
“Personally Identifiable Information” or “PII”
PII means information that may identify, directly or indirectly, a specific individual.
“User Content”
User Content includes all information, data, communications, documents, files, submissions, inquiries, requests, comments, photographs, and materials submitted by users through the Website.
ARTICLE 3
ELIGIBILITY AND AUTHORITY TO USE THE WEBSITE
By accessing or using the Website, you represent and warrant that:
3.1 Age Requirement
You are at least eighteen (18) years of age and possess the legal capacity to enter into binding agreements.
3.2 Authority
If acting on behalf of a business, healthcare provider, hospital, laboratory, government agency, or other organization, you represent and warrant that you possess the authority to bind that organization.
3.3 Accurate Information
All information submitted through the Website shall be:
- Accurate;
- Current;
- Complete;
- Truthful; and
- Not misleading.
3.4 Compliance with Law
You agree to comply with all applicable:
- Federal laws;
- State laws;
- Local laws;
- Healthcare regulations;
- Privacy regulations; and
- Transportation regulations.
3.5 Right to Restrict Access
DCS reserves the absolute right to suspend, restrict, terminate, or deny Website access at any time, with or without notice, for any lawful reason.
ARTICLE 4
DESCRIPTION OF DCS SERVICES
DCS Courier Service is a healthcare logistics and transportation provider.
Services may include transportation, retrieval, and delivery of:
Medications and Pharmaceuticals
- Prescription medications;
- Specialty medications;
- Pharmacy orders;
- Pharmaceutical products;
- Authorized healthcare products.
Laboratory Materials
- Laboratory specimens;
- Diagnostic specimens;
- Pathology materials;
- Medical testing materials;
- Authorized biological samples.
Blood Products
- Whole blood;
- Plasma;
- Platelets;
- Blood components;
- Authorized blood products.
Organ and Tissue Transportation
- Human organs;
- Human tissue;
- Transplant-related materials;
- Organ procurement logistics.
Medical Equipment
- Durable Medical Equipment (DME);
- Therapeutic equipment;
- Mobility equipment;
- Respiratory equipment;
- Medical devices;
- Healthcare supplies.
Healthcare Documentation
- Medical records;
- Patient discharge paperwork;
- Healthcare documentation;
- Administrative records;
- Authorized confidential documents.
Patient Discharge Package Services
DCS may provide support logistics services involving:
- Medication delivery;
- Medical equipment delivery;
- Equipment retrieval;
- Grocery delivery;
- Recovery support logistics.
DCS reserves the right to modify, suspend, limit, or discontinue any Service without notice.
ARTICLE 5
NO MEDICAL ADVICE OR HEALTHCARE SERVICES
DCS IS NOT A HEALTHCARE PROVIDER.
Nothing contained on the Website constitutes:
- Medical advice;
- Medical treatment;
- Clinical recommendations;
- Pharmaceutical advice;
- Nursing services;
- Diagnostic services;
- Healthcare services;
- Emergency services.
The Website is provided solely for informational and service-request purposes.
No physician-patient relationship, pharmacist-patient relationship, nurse-patient relationship, healthcare-provider relationship, or similar clinical relationship is created through use of the Website.
Users should always consult qualified healthcare professionals regarding medical conditions, treatment decisions, medications, diagnoses, or healthcare concerns.
DCS shall not be liable for any healthcare decision made by any user.
ARTICLE 6
WEBSITE USE RESTRICTIONS
Users shall not:
6.1 Unauthorized Access
Attempt to gain unauthorized access to:
- Website systems;
- Servers;
- Databases;
- User accounts;
- Internal networks.
6.2 Interference
Interfere with or disrupt:
- Website operations;
- Security measures;
- Network functionality;
- Other users’ access.
6.3 Fraudulent Activity
Use the Website for:
- Fraud;
- Identity theft;
- Misrepresentation;
- Deceptive conduct;
- Illegal activity.
6.4 Automated Collection
Users shall not:
- Scrape data;
- Harvest information;
- Use bots;
- Use crawlers;
- Use automated extraction tools.
without prior written authorization.
6.5 Malicious Activity
Users shall not upload, distribute, or transmit:
- Malware;
- Viruses;
- Ransomware;
- Malicious code;
- Harmful software.
6.6 Prohibited Healthcare Uses
Users shall not use the Website in any manner that violates:
- HIPAA;
- Healthcare privacy laws;
- Medical record confidentiality laws;
- Applicable healthcare regulations.
ARTICLE 7
ACCOUNT REGISTRATION AND SECURITY
If DCS provides user accounts, customer portals, scheduling portals, or login credentials, users shall:
- Maintain confidentiality of credentials;
- Prevent unauthorized access;
- Notify DCS of suspected compromises;
- Accept responsibility for activities occurring under their accounts.
DCS may suspend or terminate accounts at any time.
ARTICLE 8
SERVICE REQUESTS SUBMITTED THROUGH THE WEBSITE
Submission of a service request through the Website does not constitute acceptance by DCS.
All service requests remain subject to:
- Operational availability;
- Regulatory requirements;
- Service area limitations;
- Vehicle availability;
- Staffing availability;
- Safety considerations;
- Customer eligibility.
DCS reserves the absolute right to:
- Accept requests;
- Reject requests;
- Modify requested services;
- Delay services;
- Cancel services;
without creating liability to any user.
ARTICLE 9
HIPAA, HEALTHCARE INFORMATION, AND PRIVACY DISCLAIMER
DCS Courier Service recognizes the sensitive nature of healthcare-related information and strives to maintain commercially reasonable safeguards designed to protect confidential information entrusted to it.
However, users acknowledge and agree that use of the Website may involve the electronic transmission of information through systems that are not under the exclusive control of DCS.
Accordingly, DCS cannot guarantee the absolute security of any electronic transmission.
9.1 Protected Health Information
Users should not transmit Protected Health Information (“PHI”) through Website forms unless specifically requested by DCS and only to the extent necessary for the requested services.
9.2 No Business Associate Relationship
Use of the Website alone does not create:
- A Business Associate Agreement;
- A HIPAA-covered relationship;
- A healthcare-provider relationship;
- A fiduciary relationship.
Any Business Associate obligations shall exist only through a separately executed written agreement.
9.3 User Responsibility
Users remain solely responsible for:
- Information submitted through the Website;
- Accuracy of submitted information;
- Compliance with HIPAA;
- Compliance with healthcare privacy laws;
- Compliance with applicable regulations.
9.4 No Guarantee of Security
Although DCS utilizes reasonable safeguards, no Website, server, network, email system, or electronic transmission can be guaranteed completely secure.
Users assume all risks associated with electronic communications.
ARTICLE 10
ELECTRONIC COMMUNICATIONS CONSENT
By using the Website, you consent to receive communications electronically.
Electronic communications may include:
- Service confirmations;
- Delivery notifications;
- Customer support responses;
- Operational notices;
- Legal notices;
- Policy updates;
- Contractual communications.
You agree that electronic communications satisfy any legal requirement that communications be provided in writing.
ARTICLE 11
SMS, TEXT MESSAGE, AND MOBILE COMMUNICATIONS CONSENT
By providing a mobile telephone number to DCS, you expressly consent to receive:
- Service-related text messages;
- Scheduling communications;
- Delivery notifications;
- Customer support communications;
- Operational updates;
- Appointment reminders.
Message frequency may vary.
Message and data rates may apply.
Consent to receive text messages is not a condition of purchasing services.
Users may opt out of text communications by following instructions contained within the messages or by contacting DCS.
DCS shall not be responsible for:
- Delayed messages;
- Undelivered messages;
- Carrier interruptions;
- Wireless network failures.
ARTICLE 12
INTELLECTUAL PROPERTY RIGHTS
All Website content is owned by or licensed to DCS Courier Service.
Protected content includes:
- Logos;
- Trademarks;
- Service marks;
- Trade dress;
- Graphics;
- Website designs;
- Layouts;
- Text;
- Software;
- Databases;
- Images;
- Videos;
- Audio recordings;
- Marketing materials.
All rights not expressly granted are reserved by DCS.
12.1 Limited License
DCS grants users a limited, non-exclusive, revocable license to access and use the Website solely for lawful purposes related to obtaining information about DCS services.
No ownership rights are transferred.
12.2 Restrictions
Users may not:
- Reproduce Website content;
- Copy Website content;
- Sell Website content;
- Modify Website content;
- Create derivative works;
- Distribute Website content;
- Reverse engineer Website systems.
without prior written authorization.
ARTICLE 13
COPYRIGHTS, TRADEMARKS, AND BRAND PROTECTION
The following are proprietary assets of DCS:
- DCS Courier Service name;
- Logos;
- Brand identifiers;
- Slogans;
- Service names;
- Marketing materials.
Unauthorized use may constitute:
- Copyright infringement;
- Trademark infringement;
- Unfair competition;
- Misappropriation of intellectual property.
DCS reserves all available legal remedies.
ARTICLE 14
USER REPRESENTATIONS AND WARRANTIES
Each user represents and warrants that:
14.1 Accuracy
All submitted information is accurate and truthful.
14.2 Authority
The user possesses authority to submit requests and enter agreements.
14.3 Legal Compliance
The user shall comply with all applicable:
- Laws;
- Regulations;
- Healthcare requirements;
- Privacy obligations.
14.4 No Improper Use
The user will not use the Website for:
- Fraudulent activities;
- Illegal activities;
- Unauthorized healthcare activities;
- Improper disclosure of confidential information.
14.5 No Infringement
User submissions shall not infringe:
- Intellectual property rights;
- Privacy rights;
- Confidentiality obligations;
- Contractual obligations.
ARTICLE 15
THIRD-PARTY WEBSITES, SOFTWARE, AND SERVICES
The Website may contain links to:
- Third-party websites;
- Software platforms;
- Social media services;
- Mapping services;
- Payment processors;
- External resources.
DCS does not control such third-party resources.
Accordingly, DCS disclaims responsibility for:
- Third-party content;
- Third-party policies;
- Third-party security;
- Third-party privacy practices;
- Third-party services.
Use of third-party services is entirely at the user’s risk.
ARTICLE 16
WEBSITE AVAILABILITY, TECHNICAL DISCLAIMERS, AND CYBERSECURITY
16.1 Website Availability
DCS does not guarantee uninterrupted Website availability.
The Website may be unavailable due to:
- Maintenance;
- System upgrades;
- Hardware failures;
- Hosting/Server Issues
- Software failures;
- Cybersecurity incidents;
- Internet disruptions;
- Third-party service interruptions.
16.2 No Guarantee of Error-Free Operation
DCS does not warrant that the Website:
- Will be error-free;
- Will be uninterrupted;
- Will be secure;
- Will meet user expectations.
16.3 Cybersecurity
Users acknowledge that:
- Cybersecurity threats exist;
- Unauthorized access attempts occur;
- Electronic systems may be compromised despite reasonable safeguards.
DCS shall not be liable for cybersecurity incidents beyond its reasonable control.
16.4 User Security Obligations
Users shall:
- Protect login credentials;
- Use secure devices;
- Maintain current security software;
- Notify DCS of suspected unauthorized activity.
Failure to do so may result in suspension of access.
ARTICLE 17
PRIVACY, DATA COLLECTION, AND INFORMATION USE
DCS Courier Service may collect, store, process, transmit, and utilize information provided by users in connection with Website operation, customer support, service requests, business administration, compliance obligations, and service improvement.
Information collected may include:
- Names;
- Addresses;
- Telephone numbers;
- Email addresses;
- Business information;
- Billing information;
- Service request information;
- Device information;
- Browser information;
- IP addresses;
- Usage information;
- Geolocation information where permitted by law.
17.1 Operational Use
Users expressly authorize DCS to utilize submitted information for:
- Processing inquiries;
- Scheduling services;
- Customer support;
- Operational communications;
- Delivery coordination;
- Billing and collections;
- Legal compliance;
- Internal business purposes.
17.2 Regulatory Compliance
DCS reserves the right to disclose information when required by:
- Court orders;
- Subpoenas;
- Government investigations;
- Regulatory inquiries;
- Applicable law.
17.3 Data Retention
DCS may retain information for periods deemed reasonably necessary for:
- Operational purposes;
- Regulatory compliance;
- Legal defense;
- Contract administration;
- Business records management.
17.4 No Guarantee of Data Retention
DCS shall not be responsible for preserving user-submitted information indefinitely.
Users are responsible for maintaining copies of information they consider important.
ARTICLE 18
DISCLAIMER OF WARRANTIES
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE WEBSITE IS PROVIDED ON AN “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS” BASIS.
DCS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE.
INCLUDING, WITHOUT LIMITATION:
- Merchantability;
- Fitness for a particular purpose;
- Non-infringement;
- Accuracy;
- Reliability;
- Security;
- Availability;
- Completeness;
- Performance.
DCS DOES NOT WARRANT THAT:
- THE WEBSITE WILL BE ERROR-FREE;
- THE WEBSITE WILL BE UNINTERRUPTED;
- DEFECTS WILL BE CORRECTED;
- THE WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS;
- THE WEBSITE WILL MEET USER EXPECTATIONS.
USERS ASSUME ALL RISKS ASSOCIATED WITH USE OF THE WEBSITE.
ARTICLE 19
LIMITATION OF LIABILITY
THIS ARTICLE IS A MATERIAL PART OF THESE TERMS.
TO THE FULLEST EXTENT PERMITTED BY LAW, DCS SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM OR RELATED TO:
- WEBSITE USE;
- WEBSITE UNAVAILABILITY;
- SERVICE REQUESTS;
- INFORMATIONAL CONTENT;
- USER SUBMISSIONS;
- THIRD-PARTY SERVICES;
- ELECTRONIC COMMUNICATIONS;
- DATA BREACHES NOT CAUSED BY WILLFUL MISCONDUCT;
- CYBERSECURITY INCIDENTS;
- DELAYS;
- INTERRUPTIONS.
19.1 Maximum Liability
IN NO EVENT SHALL DCS’S TOTAL AGGREGATE LIABILITY ARISING FROM WEBSITE USE EXCEED:
THE GREATER OF:
(A) ONE HUNDRED DOLLARS ($100.00); OR
(B) THE AMOUNT PAID BY THE USER TO DCS FOR WEBSITE-RELATED SERVICES DURING THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE CLAIM.
19.2 Exclusive Remedy
THE REMEDIES SET FORTH IN THESE TERMS SHALL CONSTITUTE THE USER’S SOLE AND EXCLUSIVE REMEDIES.
ARTICLE 20
WAIVER OF CONSEQUENTIAL, SPECIAL, AND INDIRECT DAMAGES
TO THE MAXIMUM EXTENT PERMITTED BY LAW, DCS SHALL NOT BE LIABLE FOR:
- Lost profits;
- Lost revenue;
- Lost business opportunities;
- Loss of contracts;
- Loss of goodwill;
- Business interruption;
- Data loss;
- Reputation damage;
- Loss of anticipated savings;
- Emotional distress;
- Special damages;
- Incidental damages;
- Consequential damages;
- Punitive damages;
- Exemplary damages.
THIS LIMITATION SHALL APPLY REGARDLESS OF:
- LEGAL THEORY;
- NEGLIGENCE CLAIMS;
- CONTRACT CLAIMS;
- TORT CLAIMS;
- WARRANTY CLAIMS;
- STRICT LIABILITY CLAIMS.
AND EVEN IF DCS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
ARTICLE 21
USER ASSUMPTION OF RISK
USERS EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE WEBSITE IS VOLUNTARY AND AT THEIR OWN RISK.
USERS ASSUME ALL RISKS ASSOCIATED WITH:
- INTERNET COMMUNICATIONS;
- ELECTRONIC TRANSMISSIONS;
- WEBSITE USE;
- THIRD-PARTY SYSTEMS;
- THIRD-PARTY SOFTWARE;
- SERVICE REQUEST SUBMISSIONS;
- DATA TRANSMISSION.
DCS SHALL NOT BE LIABLE FOR RISKS INHERENT TO INTERNET OR TECHNOLOGY-BASED SERVICES.
ARTICLE 22
INDEMNIFICATION
USERS AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS DCS, ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, AFFILIATES, SUCCESSORS, AND ASSIGNS FROM AND AGAINST ANY AND ALL:
- Claims;
- Demands;
- Actions;
- Lawsuits;
- Investigations;
- Liabilities;
- Damages;
- Judgments;
- Settlements;
- Costs;
- Expenses;
- Attorneys’ fees.
ARISING OUT OF OR RELATED TO:
22.1 Website Use
Any use of the Website.
22.2 Violation of Terms
Any breach of these Terms.
22.3 Violation of Law
Any violation of federal, state, or local law.
22.4 User Content
Any information submitted by the user.
22.5 Third-Party Claims
Any claim brought by a third party arising from the user’s conduct.
This indemnification obligation shall survive termination of these Terms.
ARTICLE 23
FORCE MAJEURE
DCS SHALL NOT BE LIABLE FOR ANY FAILURE, DELAY, INTERRUPTION, OR DISRUPTION RESULTING FROM EVENTS BEYOND ITS REASONABLE CONTROL.
SUCH EVENTS INCLUDE, WITHOUT LIMITATION:
- Natural disasters;
- Floods;
- Hurricanes;
- Tornadoes;
- Earthquakes;
- Fires;
- Epidemics;
- Pandemics;
- Public health emergencies;
- Civil disturbances;
- Terrorist acts;
- Labor disputes;
- Government actions;
- Utility failures;
- Internet outages;
- Telecommunications failures;
- Cyberattacks;
- Ransomware attacks;
- Transportation disruptions;
- Fuel shortages;
- Supply chain interruptions.
DCS’S OBLIGATIONS SHALL BE SUSPENDED FOR THE DURATION OF SUCH EVENTS.
ARTICLE 24
TERMINATION, SUSPENSION, AND RESTRICTION OF ACCESS
DCS RESERVES THE ABSOLUTE RIGHT TO:
- Suspend access;
- Restrict access;
- Terminate access;
- Refuse access;
AT ANY TIME, WITH OR WITHOUT NOTICE, FOR ANY REASON PERMITTED BY LAW.
24.1 Grounds for Termination
INCLUDING BUT NOT LIMITED TO:
- Violation of these Terms;
- Fraudulent conduct;
- Misrepresentation;
- Unauthorized access attempts;
- Security concerns;
- Regulatory concerns;
- Illegal activity.
24.2 No Liability
DCS SHALL NOT BE LIABLE FOR DAMAGES ARISING FROM TERMINATION OR SUSPENSION OF ACCESS.
24.3 Survival
The following provisions shall survive termination:
- Intellectual Property Rights;
- Warranty Disclaimers;
- Limitation of Liability;
- Indemnification;
- Governing Law;
- Arbitration;
- Class Action Waivers;
- Jury Trial Waivers;
- Any provisions intended by their nature to survive.
ARTICLE 25
GOVERNING LAW
These Terms, the Website, all interactions with DCS, and all disputes arising from or relating to the Website shall be governed by and construed exclusively in accordance with the laws of the State of Maryland, without regard to:
- Conflict-of-law principles;
- Choice-of-law provisions;
- Any rule that would result in the application of another jurisdiction’s laws.
Users expressly agree that Maryland law shall control regardless of:
- User location;
- Service location;
- Place of injury;
- Place of contracting;
- Place of performance.
To the extent federal law applies, federal law shall apply only where required.
ARTICLE 26
EXCLUSIVE VENUE AND JURISDICTION
Except where binding arbitration applies, all disputes arising from or relating to:
- These Terms;
- Website use;
- Website access;
- Communications with DCS;
- Service inquiries;
- Electronic submissions;
shall be brought exclusively in:
- The state courts of Maryland; or
- The federal courts located within Maryland.
Each user irrevocably:
- Consents to Maryland jurisdiction;
- Waives objections to venue;
- Waives claims of inconvenient forum;
- Agrees not to bring actions elsewhere.
ARTICLE 27
BINDING ARBITRATION
To the fullest extent permitted by law, DCS may elect, in its sole discretion, to require that any dispute be resolved through final and binding arbitration.
27.1 Covered Disputes
Arbitration shall apply to all claims arising out of or relating to:
- Website use;
- Website access;
- Electronic communications;
- Service inquiries;
- User submissions;
- Privacy claims;
- Contract claims;
- Tort claims;
- Statutory claims.
27.2 Arbitration Rules
Arbitration shall be administered by a nationally recognized arbitration organization selected by DCS.
The arbitration shall:
- Be conducted in Maryland;
- Be conducted in English;
- Be conducted before a single arbitrator.
27.3 Arbitrator Authority
The arbitrator may award only those remedies available under applicable law and these Terms.
The arbitrator shall not have authority to:
- Conduct class proceedings;
- Consolidate claims;
- Modify these Terms.
27.4 Confidentiality
All arbitration proceedings shall remain confidential to the maximum extent permitted by law.
ARTICLE 28
CLASS ACTION WAIVER
TO THE FULLEST EXTENT PERMITTED BY LAW:
USERS AGREE THAT ALL CLAIMS SHALL BE BROUGHT SOLELY IN AN INDIVIDUAL CAPACITY.
USERS WAIVE ANY RIGHT TO PARTICIPATE IN:
- Class actions;
- Collective actions;
- Representative actions;
- Mass actions;
- Private attorney general actions.
NO CLAIM MAY BE BROUGHT ON BEHALF OF OTHER PERSONS OR ENTITIES.
NO ARBITRATOR OR COURT SHALL HAVE AUTHORITY TO CERTIFY A CLASS ACTION.
THIS WAIVER IS A MATERIAL CONDITION OF WEBSITE USE.
ARTICLE 29
JURY TRIAL WAIVER
TO THE MAXIMUM EXTENT PERMITTED BY LAW:
DCS AND EACH USER KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY WAIVE ANY RIGHT TO A TRIAL BY JURY.
THIS WAIVER APPLIES TO:
- Contract claims;
- Tort claims;
- Statutory claims;
- Regulatory claims;
- Privacy claims;
- Intellectual property claims;
- Any other disputes arising from or relating to the Website.
THE PARTIES ACKNOWLEDGE THAT THIS WAIVER MAY SIGNIFICANTLY AFFECT THEIR LEGAL RIGHTS.
ARTICLE 30
MODIFICATIONS TO THESE TERMS
DCS reserves the right to:
- Modify these Terms;
- Amend these Terms;
- Replace these Terms;
- Supplement these Terms;
at any time and in its sole discretion.
Updated Terms shall become effective immediately upon posting to the Website unless otherwise specified.
Users are responsible for periodically reviewing the Terms.
Continued use of the Website following publication of revised Terms constitutes acceptance of those revisions.
ARTICLE 31
SEVERABILITY
If any provision of these Terms is determined to be:
- Invalid;
- Illegal;
- Unenforceable;
by a court or arbitrator of competent jurisdiction, that provision shall be modified or severed only to the extent necessary.
All remaining provisions shall remain:
- Valid;
- Enforceable;
- Binding.
The parties expressly intend that these Terms be enforced to the maximum extent permitted by law.
ARTICLE 32
ENTIRE AGREEMENT
These Terms, together with:
- The DCS Privacy Policy;
- Any applicable written agreements;
- Any applicable service agreements;
- Any applicable Business Associate Agreements;
- Any applicable transportation agreements;
constitute the entire agreement between DCS and the user concerning Website use.
These Terms supersede all prior:
- Discussions;
- Communications;
- Representations;
- Understandings;
- Agreements;
whether oral or written.
No waiver by DCS shall be effective unless made in writing and signed by an authorized representative of DCS.
ARTICLE 33
CONTACT INFORMATION
Questions regarding these Terms may be directed to:
DCS Courier Service
Address: DCS Courier Service 12530 Fairwood Pkwy Ste 102 #188 Bowie, MD 20720
Telephone: 202-428-9973
Email: dshoultz@dcscourierservice.com
Website: https://dcscourierservice.com
ACKNOWLEDGMENT AND IRREVOCABLE ACCEPTANCE
BY ACCESSING, BROWSING, USING, OR OTHERWISE INTERACTING WITH THE DCS COURIER SERVICE WEBSITE, YOU ACKNOWLEDGE THAT:
- YOU HAVE READ THESE TERMS OF SERVICE IN THEIR ENTIRETY;
- YOU UNDERSTAND THESE TERMS OF SERVICE;
- YOU HAVE HAD THE OPPORTUNITY TO CONSULT LEGAL COUNSEL REGARDING THESE TERMS OF SERVICE IF YOU SO CHOSE;
- YOU VOLUNTARILY AND KNOWINGLY ACCEPT THESE TERMS OF SERVICE;
- YOU IRREVOCABLY AGREE TO BE LEGALLY BOUND BY THESE TERMS OF SERVICE;
- YOU AGREE THAT THESE TERMS OF SERVICE SHALL GOVERN YOUR USE OF THE WEBSITE AND RELATED DIGITAL SERVICES.
DCS COURIER SERVICE PRIVACY POLICY
DCS COURIER SERVICE
PRIVACY POLICY
Effective Date: May 21, 2026
- INTRODUCTION
DCS Courier Service (“DCS,” “Company,” “we,” “our,” or “us”) respects the privacy of its customers, patients, healthcare providers, business partners, website visitors, and other individuals with whom we interact.
This Privacy Policy describes how DCS collects, uses, stores, processes, shares, and protects information obtained through:
- Our website;
- Online forms;
- Customer portals;
- Email communications;
- Telephone communications;
- Text messaging systems;
- Service requests;
- Transportation services;
- Home delivery services;
- Patient Discharge Package services.
By using the DCS website or services, you acknowledge that you have read and understood this Privacy Policy.
- INFORMATION WE COLLECT
Depending upon your interaction with DCS, we may collect:
Personal Information
- Name
- Address
- Email address
- Telephone number
- Employer
- Job title
- Billing information
- Emergency contact information
Service Information
- Pickup locations
- Delivery locations
- Delivery instructions
- Recipient information
- Scheduling information
- Shipment details
Healthcare-Related Information
Where necessary to perform services:
- Patient names
- Medical provider information
- Prescription information
- Medical equipment information
- Healthcare facility information
- Authorized healthcare contacts
Website Information
- IP address
- Browser type
- Device information
- Operating system
- Referring website
- Website usage information
- HOW WE USE INFORMATION
DCS may use collected information to:
- Provide services;
- Coordinate deliveries;
- Verify identities;
- Schedule pickups;
- Complete transportation requests;
- Communicate with customers;
- Improve services;
- Maintain records;
- Comply with legal obligations;
- Investigate fraud;
- Protect security.
- COOKIES AND ANALYTICS
Our Website may utilize:
- Cookies;
- Tracking technologies;
- Analytics tools;
- Session technologies.
These tools help us:
- Improve Website functionality;
- Analyze Website performance;
- Enhance user experience;
- Maintain security.
Users may modify browser settings to limit certain tracking technologies.
- SHARING OF INFORMATION
DCS does not sell personal information.
Information may be shared:
Service Providers
With trusted vendors assisting in:
- Technology services;
- Payment processing;
- Communications;
- Logistics support.
Legal Compliance
When required by:
- Court orders;
- Subpoenas;
- Government investigations;
- Regulatory requests;
- Applicable law.
Protection of Rights
When necessary to:
- Protect DCS;
- Protect customers;
- Protect public safety;
- Prevent fraud.
- HEALTHCARE INFORMATION
DCS recognizes the sensitive nature of healthcare-related information.
Where applicable, DCS utilizes reasonable safeguards designed to protect:
- Protected Health Information (PHI);
- Personally Identifiable Information (PII);
- Confidential healthcare information.
Healthcare organizations remain responsible for ensuring appropriate authorizations and disclosures.
- DATA SECURITY
DCS employs commercially reasonable security measures designed to protect information.
However:
NO INTERNET TRANSMISSION OR ELECTRONIC STORAGE SYSTEM CAN BE GUARANTEED TO BE 100% SECURE.
Users acknowledge and accept such risks.
- DATA RETENTION
DCS may retain information:
- For operational purposes;
- For legal compliance;
- For regulatory compliance;
- For dispute resolution;
- For business records management.
Retention periods may vary depending upon applicable legal requirements.
- USER RIGHTS
Where applicable, users may request:
- Access to information;
- Correction of information;
- Deletion of information;
- Updates to information.
Requests may be subject to legal limitations.
- CHILDREN’S PRIVACY
DCS services are not directed toward children under thirteen (13) years of age.
DCS does not knowingly collect personal information from individuals under 18 through its Website.
- THIRD-PARTY LINKS
The Website may contain links to third-party websites.
DCS is not responsible for:
- Third-party privacy practices;
- Third-party security practices;
- Third-party content.
Users access third-party websites at their own risk.
- CHANGES TO THIS POLICY
DCS reserves the right to modify this Privacy Policy at any time.
Updated versions become effective upon posting to the Website.
- CONTACT INFORMATION
DCS Courier Service
Address: DCS Courier Service 12530 Fairwood Pkwy Ste 102 #188 Bowie, MD 20720
Phone: 202-428-9973
Email: dshoultz@dcscourierservice.com
Website: https://dcscourierservice.com/
DCS COURIER SERVICE HIPAA & HEALTHCARE PRIVACY NOTICE
DCS COURIER SERVICE
HIPAA & HEALTHCARE PRIVACY NOTICE
Effective Date: May 21, 2026
- PURPOSE OF THIS NOTICE
DCS Courier Service (“DCS,” “Company,” “we,” “our,” or “us”) recognizes the importance of safeguarding healthcare-related information and maintaining the confidentiality of information entrusted to us by healthcare providers, healthcare organizations, patients, caregivers, governmental entities, and business partners.
This HIPAA & Healthcare Privacy Notice (“Notice”) explains DCS’s role concerning healthcare-related information and establishes expectations regarding privacy, confidentiality, and information security.
This Notice supplements, but does not replace:
- DCS Website Terms of Service
- DCS Privacy Policy
- DCS Medical Transportation Services Agreement
- Any applicable Business Associate Agreement
- Any applicable customer service agreement
- DCS’S ROLE
DCS is a transportation and logistics company.
DCS is not:
- A hospital
- A health system
- A physician practice
- A pharmacy
- A nursing service
- A laboratory
- A health plan
- A healthcare provider
DCS does not:
- Diagnose conditions
- Prescribe medications
- Provide treatment
- Dispense medications
- Make clinical decisions
- Provide healthcare services
DCS’s role is limited to transportation, logistics, delivery, retrieval, and related support services.
- CUSTOMERS WE SERVE
DCS may provide services to:
Healthcare Facilities
- Hospitals
- Health Systems
- Medical Centers
- Trauma Centers
- Surgical Centers
- Clinics
- Physician Practices
Diagnostic Organizations
- Medical Laboratories
- Diagnostic Laboratories
- Pathology Laboratories
Pharmaceutical Organizations
- Pharmacies
- Specialty Pharmacies
- Pharmaceutical Companies
- Biotechnology Companies
Long-Term Care Organizations
- Skilled Nursing Facilities
- Assisted Living Facilities
- Long-Term Care Facilities
- Hospice Providers
Specialized Healthcare Organizations
- Home Healthcare Providers
- Blood Banks
- Organ Procurement Organizations
- Tissue Banks
Government and Research Institutions
- Government Agencies
- Universities
- Research Institutions
- Clinical Trial Organizations
Private Individuals
- Patients
- Family Caregivers
- Authorized Representatives
- PROTECTED HEALTH INFORMATION (PHI)
DCS may encounter information that qualifies as Protected Health Information (“PHI”) under the Health Insurance Portability and Accountability Act (“HIPAA”).
Examples may include:
- Patient names
- Patient identifiers
- Prescription information
- Healthcare provider information
- Medical record information
- Laboratory information
- Delivery-related healthcare information
DCS strives to limit access to healthcare-related information to personnel with a legitimate operational need.
- MINIMUM NECESSARY PRINCIPLE
When feasible and appropriate, DCS seeks to utilize the minimum amount of healthcare-related information reasonably necessary to perform requested services.
Customers are encouraged to provide only information reasonably necessary for transportation and logistics purposes.
- BUSINESS ASSOCIATE AGREEMENTS (BAAs)
A Business Associate Agreement (“BAA”) may be required in certain circumstances.
However:
NO BUSINESS ASSOCIATE RELATIONSHIP SHALL EXIST UNLESS A SEPARATE WRITTEN BAA HAS BEEN EXECUTED BY AUTHORIZED REPRESENTATIVES OF BOTH PARTIES.
Nothing in:
- This Notice
- The Website
- The Terms of Service
- The Transportation Agreement
shall independently create a Business Associate relationship.
- CUSTOMER RESPONSIBILITIES
Customers remain responsible for:
Legal Authority
Ensuring that all information disclosed to DCS may be lawfully disclosed.
Patient Authorizations
Obtaining required:
- Consents
- Authorizations
- Permissions
when applicable.
Regulatory Compliance
Maintaining compliance with:
- HIPAA
- HITECH
- State privacy laws
- Applicable healthcare regulations
Data Accuracy
Ensuring the accuracy and completeness of information provided to DCS.
- CONFIDENTIALITY EXPECTATIONS
DCS personnel may encounter confidential information while performing services.
DCS expects employees, contractors, agents, and subcontractors to maintain appropriate confidentiality regarding:
- Patient information
- Healthcare information
- Business information
- Proprietary information
Nothing in this Notice creates an absolute guarantee against unauthorized disclosure.
- ELECTRONIC COMMUNICATIONS
Healthcare-related information may occasionally be communicated through:
- Telephone
- Text messaging
- Electronic scheduling systems
- Customer portals
Users acknowledge that electronic communications involve inherent risks.
DCS cannot guarantee that electronic communications will always be completely secure.
- INFORMATION SECURITY
DCS utilizes commercially reasonable safeguards intended to protect information from unauthorized access, use, disclosure, alteration, or destruction.
Such safeguards may include:
- Password protection
- Access controls
- Employee training
- Device security measures
- Secure communication protocols
- Operational policies
However:
NO SECURITY SYSTEM IS PERFECT.
DCS DOES NOT WARRANT THAT ITS SYSTEMS ARE IMMUNE FROM CYBERATTACKS, HACKING, MALWARE, OR OTHER SECURITY EVENTS.
- DATA BREACHES AND SECURITY INCIDENTS
In the event DCS becomes aware of a security incident affecting healthcare-related information, DCS may take actions deemed appropriate under the circumstances, including:
- Investigation
- Containment
- Notification where required by law
- Corrective measures
DCS reserves the right to determine the nature and scope of any response consistent with applicable legal obligations.
- DISCLOSURES REQUIRED BY LAW
DCS may disclose information when required by:
- Court orders
- Subpoenas
- Search warrants
- Government investigations
- Regulatory inquiries
- Law enforcement requests
- Applicable laws
Nothing in this Notice prohibits DCS from complying with lawful legal obligations.
- ORGAN, BLOOD, AND SPECIMEN INFORMATION
DCS may transport:
- Human organs
- Human tissue
- Blood products
- Laboratory specimens
- Diagnostic materials
DCS’s role remains limited to transportation and logistics.
DCS does not:
- Evaluate viability
- Interpret laboratory findings
- Make transplant decisions
- Make medical decisions
Customers remain responsible for all healthcare determinations.
- HOME DELIVERY SERVICES
DCS may perform home delivery services involving:
- Prescription medications
- Medical equipment
- Therapeutic equipment
- Healthcare supplies
Customers acknowledge that successful delivery may require sharing certain healthcare-related information necessary to complete the delivery.
- NO GUARANTEE OF CONFIDENTIALITY
Although DCS strives to protect information, users acknowledge that:
- No security system is infallible;
- No electronic communication is completely secure;
- No operational process can eliminate all risk.
Accordingly, DCS does not guarantee absolute confidentiality.
- LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW:
DCS SHALL NOT BE LIABLE FOR:
- Indirect damages
- Consequential damages
- Special damages
- Punitive damages
- Loss of business
- Loss of goodwill
- Emotional distress
- Regulatory penalties not caused by DCS’s willful misconduct
arising from healthcare-related information handled in connection with services.
- MODIFICATIONS
DCS reserves the right to modify this Notice at any time.
Updated versions become effective upon publication.
- CONTACT INFORMATION
DCS Courier Service
Address: DCS Courier Service 12530 Fairwood Pkwy Ste 102 #188 Bowie, MD 20720
Phone: 202-428-9973
Email: dshoultz@dcscourierservice.com
Website: https://dcscourierservice.com/
ACKNOWLEDGMENT
By utilizing DCS services or providing information to DCS, the customer acknowledges that:
- The customer has read this Notice;
- The customer understands this Notice;
- The customer accepts this Notice;
- The customer understands DCS’s role as a transportation and logistics provider;
- The customer understands that DCS is not a healthcare provider;
- The customer agrees to the privacy and confidentiality expectations described herein.
DCS COURIER SERVICE PATIENT DISCHARGE PACKAGE SERVICE AGREEMENT
DCS COURIER SERVICE
PATIENT DISCHARGE PACKAGE SERVICE AGREEMENT
Effective Date: May 21, 2026
IMPORTANT NOTICE
THIS PATIENT DISCHARGE PACKAGE SERVICE AGREEMENT (“AGREEMENT”) GOVERNS THE DCS COURIER SERVICE PATIENT DISCHARGE PACKAGE PROGRAM.
BY REQUESTING, SCHEDULING, AUTHORIZING, ACCEPTING, OR UTILIZING PATIENT DISCHARGE PACKAGE SERVICES, THE CUSTOMER, PATIENT, CAREGIVER, HEALTHCARE PROVIDER, OR AUTHORIZED REPRESENTATIVE ACKNOWLEDGES THAT THEY HAVE READ, UNDERSTOOD, AND IRREVOCABLY AGREE TO BE BOUND BY THIS AGREEMENT.
IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT UTILIZE THE PATIENT DISCHARGE PACKAGE SERVICES.
ARTICLE 1
PURPOSE OF THE PROGRAM
The DCS Patient Discharge Package is designed to assist patients transitioning from:
- Hospitals
- Medical Centers
- Surgical Centers
- Rehabilitation Facilities
- Skilled Nursing Facilities
- Long-Term Care Facilities
- Hospice Facilities
- Home Healthcare Programs
to their homes or other approved recovery locations.
The program is intended to provide logistical support and convenience during the recovery process.
ARTICLE 2
SERVICES INCLUDED
Depending upon availability and customer selection, the Patient Discharge Package may include:
Medication Services
- Prescription pickup
- Prescription delivery
- Pharmacy coordination
- Medication transportation
Medical Equipment Services
- Medical equipment delivery
- Durable Medical Equipment (DME) delivery
- Therapeutic equipment delivery
- Mobility equipment delivery
- Respiratory equipment delivery
Equipment Retrieval Services
- Pickup of rented equipment
- Return of healthcare equipment
- Transfer of authorized equipment
Grocery Delivery Services
- Grocery pickup
- Grocery delivery
- Essential household item delivery
Healthcare Document Services
- Medical paperwork delivery
- Discharge document transportation
- Healthcare-related document transport
ARTICLE 3
DCS IS NOT A HEALTHCARE PROVIDER
DCS IS A TRANSPORTATION AND LOGISTICS COMPANY ONLY.
DCS DOES NOT PROVIDE:
- Medical treatment
- Nursing care
- Home healthcare
- Personal care services
- Medication administration
- Physical therapy
- Occupational therapy
- Medical supervision
- Clinical monitoring
Nothing in this Agreement shall create:
- A physician-patient relationship
- A nurse-patient relationship
- A home healthcare relationship
- A caregiver relationship
between DCS and any patient.
ARTICLE 4
NO GUARANTEE OF HEALTH OUTCOMES
The Patient Discharge Package is intended solely to provide transportation and logistics support.
DCS makes no representation or guarantee regarding:
- Recovery outcomes
- Patient health outcomes
- Treatment effectiveness
- Medication effectiveness
- Patient compliance
- Patient safety
- Rehabilitation success
All healthcare outcomes remain the responsibility of healthcare providers and patients.
ARTICLE 5
PATIENT RESPONSIBILITIES
Patients and authorized representatives agree to:
Provide Accurate Information
Including:
- Delivery addresses
- Contact information
- Recipient information
- Scheduling information
Ensure Accessibility
Provide safe and reasonable access to delivery locations.
Accept Deliveries
Ensure that authorized recipients are available to receive deliveries when required.
Verify Deliveries
Promptly inspect delivered items and notify DCS of any concerns.
ARTICLE 6
DELIVERY CONDITIONS
DCS may require:
- Recipient verification
- Identification
- Signatures
- Delivery confirmations
DCS reserves the right to refuse delivery when:
- Identity cannot be verified;
- Safety concerns exist;
- Access is unavailable;
- Delivery instructions are unclear.
ARTICLE 7
HOME ENTRY RESTRICTIONS
Unless expressly agreed in writing:
DCS personnel are not required to:
- Enter private residences;
- Install equipment;
- Assemble equipment;
- Move furniture;
- Perform patient transfers;
- Provide caregiving assistance.
Delivery shall generally occur at the entrance of the residence or another mutually agreed location.
ARTICLE 8
MEDICATION DELIVERIES
DCS may transport medications but does not:
- Dispense medications;
- Verify prescriptions;
- Interpret prescriptions;
- Provide medication counseling;
- Confirm dosage instructions.
Patients should consult their pharmacist or healthcare provider regarding medication-related questions.
ARTICLE 9
MEDICAL EQUIPMENT DELIVERIES
DCS may transport:
- Wheelchairs
- Walkers
- Oxygen equipment
- Hospital beds
- Lift devices
- Mobility equipment
- Therapeutic devices
Unless specifically agreed otherwise:
DCS is not responsible for:
- Installation;
- Setup;
- Calibration;
- Operation;
- Maintenance;
- Training.
ARTICLE 10
GROCERY DELIVERY SERVICES
Grocery delivery services are offered solely as a convenience.
DCS does not guarantee:
- Product quality;
- Product freshness;
- Product suitability;
- Nutritional value.
Customers remain responsible for selecting grocery items.
ARTICLE 11
HEALTHCARE DOCUMENTS
DCS may transport healthcare-related documents.
DCS shall exercise reasonable care but does not guarantee:
- Document accuracy;
- Document completeness;
- Medical content.
DCS is not responsible for decisions made based upon transported documents.
ARTICLE 12
SAFETY CONDITIONS
DCS personnel may refuse service when conditions are deemed unsafe.
Unsafe conditions may include:
- Aggressive animals;
- Threatening behavior;
- Hazardous conditions;
- Criminal activity;
- Severe weather;
- Unsafe structures.
DCS shall not be liable for delays or cancellations resulting from safety concerns.
ARTICLE 13
CLAIMS PROCEDURES
Any claim involving Patient Discharge Package services must be submitted in writing within five (5) business days.
Claims must include:
- Customer name
- Delivery information
- Description of claim
- Supporting documentation
Failure to timely submit a claim constitutes waiver of the claim.
ARTICLE 14
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW:
DCS’S LIABILITY ARISING FROM PATIENT DISCHARGE PACKAGE SERVICES SHALL NOT EXCEED THE LESSER OF:
- ACTUAL PROVEN DAMAGES;
- FEES PAID FOR THE SERVICE;
- TWO HUNDRED FIFTY DOLLARS ($250.00).
ARTICLE 15
WAIVER OF CONSEQUENTIAL DAMAGES
DCS SHALL NOT BE LIABLE FOR:
- Lost income;
- Lost wages;
- Lost opportunities;
- Emotional distress;
- Medical complications;
- Recovery delays;
- Pain and suffering;
- Consequential damages;
- Incidental damages;
- Special damages.
ARTICLE 16
CUSTOMER INDEMNIFICATION
Customer agrees to defend, indemnify, and hold harmless DCS from claims arising out of:
- Incorrect information;
- Unsafe premises;
- Patient actions;
- Caregiver actions;
- Healthcare decisions;
- Medication use;
- Equipment use.
ARTICLE 17
FORCE MAJEURE
DCS shall not be liable for delays caused by:
- Weather;
- Natural disasters;
- Pandemics;
- Government actions;
- Transportation disruptions;
- Utility failures;
- Security incidents.
ARTICLE 18
GOVERNING LAW, ARBITRATION, AND DISPUTE RESOLUTION
This Agreement shall be governed by Maryland law.
Any dispute shall be subject to:
- Binding arbitration (at DCS’s election);
- Maryland jurisdiction;
- Class action waiver;
- Jury trial waiver.
ARTICLE 19
ENTIRE AGREEMENT
This Agreement supplements:
- DCS Website Terms of Service
- DCS Privacy Policy
- DCS HIPAA & Healthcare Privacy Notice
- DCS Medical Transportation Services Agreement
Together these documents constitute the complete agreement governing Patient Discharge Package services.
CUSTOMER ACKNOWLEDGMENT
BY UTILIZING THE PATIENT DISCHARGE PACKAGE PROGRAM, CUSTOMER ACKNOWLEDGES THAT:
- CUSTOMER HAS READ THIS AGREEMENT;
- CUSTOMER UNDERSTANDS THIS AGREEMENT;
- CUSTOMER ACCEPTS THIS AGREEMENT;
- CUSTOMER UNDERSTANDS THAT DCS PROVIDES LOGISTICS SERVICES ONLY;
- CUSTOMER UNDERSTANDS THAT DCS DOES NOT PROVIDE HEALTHCARE SERVICES;
- CUSTOMER IRREVOCABLY AGREES TO BE LEGALLY BOUND BY THIS AGREEMENT.
DCS COURIER SERVICE MEDICAL TRANSPORTATION SERVICES AGREEMENT
DCS COURIER SERVICE MEDICAL TRANSPORTATION SERVICES AGREEMENT
Effective Date: May 21, 2026
IMPORTANT LEGAL NOTICE
THIS MEDICAL TRANSPORTATION SERVICES AGREEMENT (“AGREEMENT”) CONSTITUTES A LEGALLY BINDING CONTRACT BETWEEN DCS COURIER SERVICE (“DCS,” “COMPANY,” “WE,” “US,” OR “OUR”) AND ANY CUSTOMER UTILIZING DCS SERVICES.
BY REQUESTING, SCHEDULING, AUTHORIZING, TENDERING ITEMS FOR TRANSPORT, ACCEPTING SERVICES, OR OTHERWISE UTILIZING DCS SERVICES, CUSTOMER ACKNOWLEDGES THAT IT HAS READ, UNDERSTOOD, AND IRREVOCABLY AGREES TO BE BOUND BY THIS AGREEMENT.
IF CUSTOMER DOES NOT AGREE TO THESE TERMS, CUSTOMER SHALL NOT UTILIZE DCS SERVICES.
ARTICLE 1
DEFINITIONS
For purposes of this Agreement:
“Customer”
Means any individual, healthcare provider, institution, business, government agency, patient, caregiver, pharmacy, laboratory, hospital, clinic, physician practice, home healthcare provider, blood bank, organ procurement organization, research institution, or other entity utilizing DCS services.
“Shipment”
Means any item, package, specimen, organ, medication, document, equipment, material, supply, blood product, or other property tendered to DCS for transport.
“Recipient”
Means the person or entity designated to receive a Shipment.
“Authorized Recipient”
Means a person reasonably believed by DCS to be authorized to accept delivery.
“PHI”
Means Protected Health Information as defined by HIPAA and applicable law.
“PII”
Means Personally Identifiable Information.
“Chain of Custody”
Means the documentation and tracking process associated with transfer of possession of a Shipment.
ARTICLE 2
CUSTOMERS SERVED
DCS may provide services to:
Healthcare Institutions
- Hospitals
- Health Systems
- Trauma Centers
- Ambulatory Surgery Centers
- Urgent Care Facilities
- Clinics
- Physician Practices
Diagnostic Facilities
- Medical Laboratories
- Diagnostic Laboratories
- Pathology Laboratories
- Reference Laboratories
Pharmaceutical Industry
- Pharmacies
- Specialty Pharmacies
- Pharmaceutical Companies
- Biotech Companies
Long-Term Care
- Skilled Nursing Facilities
- Rehabilitation Facilities
- Assisted Living Facilities
- Long-Term Care Facilities
Specialized Healthcare Organizations
- Blood Banks
- Organ Procurement Organizations
- Tissue Banks
- Home Healthcare Providers
- Hospice Organizations
Government and Research
- Government Agencies
- Universities
- Research Institutions
- Clinical Trial Organizations
Private Individuals
- Patients
- Caregivers
- Family Members
- Private Consumers
DCS reserves the unrestricted right to accept or reject service requests.
ARTICLE 3
DESCRIPTION OF SERVICES
DCS provides transportation and logistics services only.
Services may include:
Medication Transportation
- Prescription medications
- Specialty medications
- Compounded medications
- Pharmacy transfers
- Pharmaceutical products
Laboratory Transportation
- Laboratory specimens
- Blood samples
- Diagnostic samples
- Pathology specimens
- Clinical testing materials
Blood Product Transportation
- Whole blood
- Plasma
- Platelets
- Blood components
Organ and Tissue Transportation
- Human organs
- Human tissue
- Transplant materials
- Organ procurement logistics
Equipment Transportation
- Durable Medical Equipment
- Therapeutic Equipment
- Respiratory Equipment
- Mobility Equipment
- Hospital Equipment
Documentation Transportation
- Medical records
- Patient discharge paperwork
- Healthcare documentation
- Administrative records
Home Delivery Services
- Medication delivery
- Medical equipment delivery
- Equipment retrieval
- Grocery delivery
- Patient discharge support logistics
ARTICLE 4
DCS IS NOT A HEALTHCARE PROVIDER
DCS IS A TRANSPORTATION AND LOGISTICS COMPANY ONLY.
DCS DOES NOT PROVIDE:
- Medical advice
- Medical treatment
- Medical diagnoses
- Clinical services
- Pharmaceutical consultations
- Nursing services
- Emergency healthcare services
Nothing in this Agreement shall create:
- A physician-patient relationship
- A pharmacist-patient relationship
- A nurse-patient relationship
- A healthcare-provider relationship
between DCS and any Customer or Recipient.
ARTICLE 5
NO GUARANTEE OF MEDICAL OUTCOMES
DCS makes no representation regarding:
- Patient outcomes
- Treatment outcomes
- Medication effectiveness
- Laboratory accuracy
- Diagnostic accuracy
- Organ viability
- Organ transplant success
- Tissue transplant success
- Blood product effectiveness
DCS shall not be liable for any healthcare outcome, regardless of cause.
ARTICLE 6
CUSTOMER WARRANTIES
Customer represents and warrants that:
6.1 Legal Authority
Customer possesses full legal authority to tender all Shipments.
6.2 Ownership
Customer owns or lawfully controls all Shipments.
6.3 Accuracy
Customer has accurately described all Shipments.
6.4 Regulatory Compliance
Customer complies with:
- Federal law
- State law
- Local law
- Healthcare regulations
- Privacy regulations
- Transportation regulations
6.5 Required Permissions
Customer has obtained all required:
- Authorizations
- Consents
- Permits
- Approvals
necessary for transportation.
ARTICLE 7
PACKAGING REQUIREMENTS
Customer bears sole responsibility for packaging.
All Shipments must be:
- Properly packaged
- Properly sealed
- Properly labeled
- Properly protected
- Suitable for transport
DCS may refuse improperly packaged Shipments.
DCS assumes no liability for damage caused by inadequate packaging.
ARTICLE 8
TEMPERATURE-SENSITIVE MATERIALS
Customer must disclose all temperature requirements before transportation begins.
Customer is solely responsible for:
- Temperature specifications
- Packaging requirements
- Refrigeration requirements
- Preservation requirements
- Stability requirements
DCS shall not be responsible for losses arising from undisclosed requirements.
ARTICLE 9
CHAIN OF CUSTODY
DCS may maintain chain-of-custody documentation including:
- Delivery logs
- Electronic scans
- Time stamps
- GPS records
- Signatures
- Delivery confirmations
DCS records shall constitute presumptive evidence of:
- Pickup
- Custody
- Transfer
- Delivery
in any dispute.
ARTICLE 10
DELIVERY AUTHORITY
DCS may release Shipments to:
- Named recipients
- Authorized recipients
- Facility personnel
- Authorized healthcare staff
- Security personnel
- Individuals reasonably believed authorized
Customer assumes responsibility for recipient designations.
ARTICLE 11
FAILED DELIVERIES
A delivery may be considered completed if:
- Recipient refuses acceptance;
- Facility refuses acceptance;
- Delivery instructions cannot be verified;
- Safety concerns exist.
Additional charges may apply for:
- Redelivery attempts;
- Extended waiting periods;
- Return transportation;
- Storage.
ARTICLE 12
STORAGE OF SHIPMENTS
DCS is not a warehouse provider.
If temporary storage becomes necessary:
- Storage may be provided at Customer risk;
- Additional charges may apply;
- DCS may refuse storage requests.
Unclaimed Shipments may be disposed of in accordance with applicable law.
ARTICLE 13
HIPAA, PHI, PII, AND CONFIDENTIALITY
DCS acknowledges that certain Shipments may contain, reference, or relate to Protected Health Information (“PHI”), Personally Identifiable Information (“PII”), confidential healthcare information, proprietary business information, or other protected data.
13.1 Confidentiality Obligations
DCS shall use commercially reasonable efforts to safeguard confidential information entrusted to it during the performance of Services.
13.2 Customer Responsibility
Customer warrants that it possesses all necessary rights, permissions, authorizations, and legal authority to disclose any information provided to DCS.
Customer shall remain solely responsible for obtaining:
- Patient authorizations;
- HIPAA authorizations;
- Consents;
- Regulatory approvals;
- Internal approvals.
13.3 No Unauthorized Disclosure
Neither party shall knowingly disclose confidential information except:
- As required by law;
- As required to perform Services;
- As authorized by the Customer;
- As authorized by the patient where applicable.
13.4 Business Associate Agreements
No Business Associate relationship shall exist unless established through a separately executed written Business Associate Agreement (“BAA”).
Nothing in this Agreement shall independently create a BAA.
13.5 Regulatory Cooperation
DCS may cooperate with:
- Government agencies;
- Regulatory authorities;
- Law enforcement;
- Courts;
- Administrative agencies;
when legally required.
ARTICLE 14
ORGAN AND TISSUE TRANSPORTATION
Customer acknowledges that transportation involving:
- Human organs;
- Human tissue;
- Transplant materials;
- Procurement materials;
requires specialized handling.
14.1 Transportation Only
DCS provides transportation and logistics services only.
DCS does not:
- Evaluate organ viability;
- Evaluate tissue viability;
- Determine donor eligibility;
- Determine recipient eligibility;
- Participate in transplant decisions;
- Participate in medical decision-making.
14.2 Customer Responsibilities
Customer shall remain solely responsible for:
- Organ preservation;
- Organ packaging;
- Organ labeling;
- Organ viability;
- Medical documentation;
- Regulatory compliance.
14.3 No Outcome Guarantees
DCS makes no guarantee regarding:
- Organ viability;
- Organ acceptance;
- Surgical outcomes;
- Recipient outcomes;
- Transplant success.
14.4 Emergency Circumstances
Customer acknowledges that:
- Weather;
- Traffic;
- Security restrictions;
- Government actions;
- Airport delays;
- Hospital restrictions;
may affect transportation timing.
DCS shall not be liable for delays beyond its reasonable control.
ARTICLE 15
BLOOD PRODUCT TRANSPORTATION
DCS may transport:
- Whole blood;
- Plasma;
- Platelets;
- Blood components;
- Blood derivatives.
15.1 Customer Responsibility
Customer shall ensure:
- Proper packaging;
- Proper temperature control;
- Regulatory compliance;
- Proper labeling.
15.2 No Clinical Responsibility
DCS assumes no responsibility for:
- Blood quality;
- Blood suitability;
- Blood safety;
- Medical use of blood products.
15.3 Acceptance of Risk
Customer acknowledges that blood products are inherently sensitive materials and accepts risks associated with transportation.
ARTICLE 16
LABORATORY SPECIMENS AND DIAGNOSTIC MATERIALS
DCS may transport:
- Laboratory specimens;
- Pathology specimens;
- Diagnostic materials;
- Testing materials;
- Biological samples.
16.1 Packaging Requirements
Customer shall ensure specimens are:
- Properly packaged;
- Properly preserved;
- Properly labeled;
- Properly documented.
16.2 Regulatory Compliance
Customer shall comply with all applicable:
- CLIA requirements;
- Federal regulations;
- State regulations;
- Local regulations.
16.3 No Diagnostic Responsibility
DCS assumes no responsibility for:
- Testing outcomes;
- Diagnostic accuracy;
- Specimen integrity affected by Customer actions;
- Medical decisions.
ARTICLE 17
MEDICATIONS, PRESCRIPTIONS, AND PHARMACEUTICALS
DCS may transport:
- Prescription medications;
- Pharmaceutical products;
- Specialty medications;
- Authorized controlled substances;
- Medical therapies.
17.1 Customer Warranties
Customer warrants that:
- Shipments are lawful;
- Required prescriptions exist;
- Required authorizations exist;
- Transportation is legally permitted.
17.2 Recipient Verification
DCS may require:
- Identification;
- Signatures;
- Delivery confirmation;
- Authorized recipient verification.
17.3 Refusal Rights
DCS may refuse delivery when:
- Identity cannot be verified;
- Safety concerns exist;
- Legal concerns exist;
- Delivery instructions are unclear.
17.4 No Pharmaceutical Responsibility
DCS does not:
- Prescribe medications;
- Dispense medications;
- Provide pharmaceutical advice;
- Determine medication appropriateness.
ARTICLE 18
CONTROLLED SUBSTANCES
Where permitted by law and authorized by Customer, DCS may transport certain controlled substances.
18.1 Customer Responsibility
Customer remains solely responsible for:
- DEA compliance;
- Licensing requirements;
- Regulatory compliance;
- Documentation requirements.
18.2 Refusal Rights
DCS reserves the unrestricted right to refuse transportation of controlled substances.
ARTICLE 19
HOME DELIVERY SERVICES
DCS may provide home delivery services involving:
- Medications;
- Medical equipment;
- Therapeutic equipment;
- Healthcare supplies;
- Documents.
19.1 Delivery Conditions
Customer acknowledges that home delivery services may involve:
- Recipient verification;
- Signature requirements;
- Identity verification;
- Delivery windows.
19.2 Access Issues
DCS shall not be liable for failed deliveries resulting from:
- Inaccessible locations;
- Incorrect addresses;
- Unsafe conditions;
- Unavailable recipients.
ARTICLE 20
PATIENT DISCHARGE PACKAGE SERVICES
DCS may offer Patient Discharge Package services designed to assist patients transitioning from healthcare facilities to home environments.
Services may include:
- Medication delivery;
- Medical equipment delivery;
- Equipment retrieval;
- Grocery delivery;
- Recovery support logistics.
20.1 No Healthcare Services
Patient Discharge Package services are logistics services only.
DCS does not provide:
- Nursing care;
- Home healthcare;
- Medical monitoring;
- Treatment services;
- Rehabilitation services.
20.2 No Outcome Responsibility
DCS assumes no responsibility for:
- Recovery outcomes;
- Patient compliance;
- Medication adherence;
- Health outcomes.
ARTICLE 21
CLAIMS PROCEDURES
Any claim for:
- Loss;
- Damage;
- Delay;
- Misdelivery;
must be submitted in writing within five (5) business days following delivery.
21.1 Required Documentation
Claims must include:
- Proof of value;
- Supporting documentation;
- Photographs if applicable;
- Written description of claim.
21.2 Failure to File
Failure to timely file a claim constitutes a complete waiver of the claim.
ARTICLE 22
CARGO LOSS AND DAMAGE
DCS shall exercise reasonable care in handling Shipments.
However, DCS shall not be liable for loss or damage caused by:
- Improper packaging;
- Customer negligence;
- Regulatory actions;
- Force majeure events;
- Inherent characteristics of the Shipment.
ARTICLE 23
INSURANCE AND DECLARED VALUE
Unless expressly agreed in writing, DCS does not provide insurance coverage for Shipments beyond legally required coverage.
23.1 Declared Value
Declared value:
- Does not constitute insurance;
- Does not increase liability limits;
- Does not guarantee recovery.
23.2 Additional Coverage
Additional coverage may be available through separate written agreements.
ARTICLE 24
LIMITATION OF LIABILITY FOR TRANSPORTATION SERVICES
THIS ARTICLE IS A MATERIAL PART OF THIS AGREEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY LAW:
DCS’S TOTAL LIABILITY FOR ANY CLAIM SHALL NOT EXCEED THE LESSER OF:
- ACTUAL PROVEN DAMAGES;
- THE AMOUNT PAID FOR THE SPECIFIC SHIPMENT;
- TWO HUNDRED FIFTY DOLLARS ($250.00) PER SHIPMENT;
UNLESS A SEPARATE WRITTEN AGREEMENT EXPRESSLY PROVIDES OTHERWISE.
CUSTOMER ACKNOWLEDGES THAT THESE LIMITATIONS FORM AN ESSENTIAL BASIS OF THE PARTIES’ BARGAIN.
ARTICLE 25
WAIVER OF CONSEQUENTIAL, INCIDENTAL, AND SPECIAL DAMAGES
THIS ARTICLE IS A MATERIAL CONDITION OF THIS AGREEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, DCS SHALL NOT BE LIABLE FOR:
- Consequential damages;
- Incidental damages;
- Indirect damages;
- Special damages;
- Exemplary damages;
- Punitive damages;
- Treble damages;
- Multiple damages.
INCLUDING BUT NOT LIMITED TO:
- Lost profits;
- Lost revenue;
- Lost contracts;
- Lost business opportunities;
- Lost grants;
- Lost research opportunities;
- Loss of goodwill;
- Loss of reputation;
- Business interruption;
- Operational interruption;
- Delayed treatment;
- Delayed surgery;
- Delayed diagnosis;
- Delayed laboratory testing;
- Organ rejection;
- Loss of transplant opportunities;
- Missed medical procedures;
- Emotional distress.
THIS LIMITATION APPLIES REGARDLESS OF:
- Legal theory;
- Contract claims;
- Tort claims;
- Negligence claims;
- Statutory claims;
- Warranty claims.
EVEN IF DCS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
ARTICLE 26
CUSTOMER INDEMNIFICATION
Customer shall defend, indemnify, and hold harmless DCS and its:
- Owners;
- Officers;
- Directors;
- Employees;
- Contractors;
- Agents;
- Representatives;
- Affiliates;
- Successors;
- Assigns;
from and against any and all:
- Claims;
- Demands;
- Lawsuits;
- Investigations;
- Penalties;
- Judgments;
- Settlements;
- Damages;
- Costs;
- Attorneys’ fees;
- Expert witness fees;
- Litigation expenses.
Arising out of or relating to:
26.1 Shipment Contents
The nature, condition, legality, safety, or suitability of any Shipment.
26.2 Regulatory Violations
Violations of:
- HIPAA;
- HITECH;
- DEA regulations;
- FDA regulations;
- CLIA regulations;
- State regulations;
- Local regulations.
26.3 Customer Negligence
Any act, omission, or negligence by Customer.
26.4 Patient Information
Unauthorized disclosure of PHI or PII originating from Customer.
26.5 Packaging Deficiencies
Improper packaging, labeling, preservation, or preparation.
26.6 Medical Decisions
Healthcare decisions made by:
- Physicians;
- Pharmacists;
- Hospitals;
- Laboratories;
- Patients;
- Caregivers.
ARTICLE 27
FORCE MAJEURE
DCS shall not be liable for any failure, delay, interruption, or inability to perform resulting from circumstances beyond its reasonable control.
Such events include:
- Hurricanes;
- Tornadoes;
- Floods;
- Fires;
- Earthquakes;
- Severe weather;
- Pandemics;
- Epidemics;
- Public health emergencies;
- Terrorist acts;
- Civil disturbances;
- Riots;
- Labor disputes;
- Fuel shortages;
- Utility failures;
- Telecommunications failures;
- Internet outages;
- Cybersecurity incidents;
- Ransomware attacks;
- Government actions;
- Regulatory restrictions;
- Airport closures;
- Transportation disruptions;
- Security lockdowns;
- Hospital restrictions.
DCS obligations shall be suspended during such events.
ARTICLE 28
INDEPENDENT CONTRACTOR STATUS
DCS operates as an independent contractor.
Nothing contained in this Agreement shall create:
- An agency relationship;
- A partnership;
- A joint venture;
- An employment relationship;
- A fiduciary relationship.
DCS retains sole control over:
- Operations;
- Personnel;
- Equipment;
- Routes;
- Scheduling;
- Service methods.
ARTICLE 29
USE OF SUBCONTRACTORS
DCS reserves the unrestricted right to utilize:
- Independent contractors;
- Contract drivers;
- Partner carriers;
- Third-party logistics providers;
- Subcontractors.
Customer expressly consents to such use.
DCS shall retain discretion regarding selection of service providers.
ARTICLE 30
GOVERNMENT, RESEARCH, AND INSTITUTIONAL CUSTOMERS
Government agencies, research institutions, universities, and healthcare organizations utilizing DCS services remain responsible for:
- Regulatory compliance;
- Research compliance;
- Grant compliance;
- Institutional approvals;
- Internal policies.
DCS shall not assume institutional compliance obligations unless expressly agreed in writing.
ARTICLE 31
REGULATORY COMPLIANCE
Customer warrants compliance with all applicable:
Federal Requirements
Including but not limited to:
- HIPAA;
- HITECH;
- FDA regulations;
- DEA regulations;
- DOT regulations;
- OSHA regulations;
- CLIA regulations.
State Requirements
Including Maryland, Virginia, District of Columbia, and all other applicable state requirements.
Local Requirements
Customer remains responsible for local compliance obligations.
DCS shall not be responsible for Customer regulatory violations.
ARTICLE 32
GOVERNING LAW AND EXCLUSIVE JURISDICTION
This Agreement shall be governed exclusively by the laws of the State of Maryland.
All disputes shall be brought exclusively in:
- Maryland state courts; or
- Federal courts located within Maryland.
Customer irrevocably:
- Consents to Maryland jurisdiction;
- Waives venue objections;
- Waives inconvenient forum arguments.
ARTICLE 33
BINDING ARBITRATION, CLASS ACTION WAIVER, AND JURY TRIAL WAIVER
33.1 Arbitration
At DCS’s election, any dispute may be submitted to final and binding arbitration.
Arbitration shall:
- Occur in Maryland;
- Be conducted in English;
- Be administered by a nationally recognized arbitration organization;
- Be conducted by a single arbitrator.
33.2 Class Action Waiver
CUSTOMER WAIVES ANY RIGHT TO PARTICIPATE IN:
- Class actions;
- Collective actions;
- Representative actions;
- Mass actions.
Claims must be pursued individually.
33.3 Jury Trial Waiver
CUSTOMER AND DCS KNOWINGLY AND VOLUNTARILY WAIVE ANY RIGHT TO TRIAL BY JURY.
ARTICLE 34
SURVIVAL OF OBLIGATIONS
The following provisions shall survive termination, expiration, or completion of Services:
- Confidentiality obligations;
- HIPAA obligations;
- Indemnification obligations;
- Limitation of liability provisions;
- Arbitration provisions;
- Class action waivers;
- Jury trial waivers;
- Payment obligations;
- Claims procedures;
- Governing law provisions.
ARTICLE 35
ENTIRE AGREEMENT, MODIFICATIONS, AND ACKNOWLEDGMENT
This Agreement, together with any:
- Business Associate Agreement;
- Service Agreement;
- Statement of Work;
- Privacy Policy;
- Written amendment;
constitutes the entire agreement between the parties regarding Services.
No verbal statements shall modify this Agreement.
Any modification must be in writing and approved by DCS.
CUSTOMER ACKNOWLEDGMENT AND IRREVOCABLE ACCEPTANCE
BY REQUESTING, SCHEDULING, AUTHORIZING, PAYING FOR, ACCEPTING, OR UTILIZING DCS SERVICES, CUSTOMER ACKNOWLEDGES AND AGREES THAT:
- CUSTOMER HAS READ THIS AGREEMENT IN ITS ENTIRETY;
- CUSTOMER UNDERSTANDS THIS AGREEMENT;
- CUSTOMER HAS HAD THE OPPORTUNITY TO CONSULT LEGAL COUNSEL;
- CUSTOMER VOLUNTARILY ACCEPTS THIS AGREEMENT;
- CUSTOMER IRREVOCABLY AGREES TO BE LEGALLY BOUND BY THIS AGREEMENT;
- CUSTOMER UNDERSTANDS THAT THIS AGREEMENT CONTAINS IMPORTANT LIMITATIONS OF LIABILITY, DISCLAIMERS, ARBITRATION PROVISIONS, CLASS ACTION WAIVERS, AND JURY TRIAL WAIVERS;
- CUSTOMER AGREES THAT THIS AGREEMENT SHALL GOVERN ALL SERVICES PROVIDED BY DCS COURIER SERVICE.