Privacy Notice

and

Terms and Conditions of Use

Effective Date:  July 31, 2018

VIProcure, LLCappreciates your interest in our services and products.  Our website, viprocure.com (“Website”), is an important means of providing you with information and services, and we are committed to complying with all applicable privacy laws and other statutes and regulations.

By accessing and using the Website, you agree and certify that you have read, understand, and agree to this statement of our Website Privacy Notice and Terms and Conditions (“Notice”) (all users are referred to as “you” or “Users”). The Website is owned, operated, and administered by VIProcure, LLC (the “Company”, “we” or “us”).

We reserve the right, in our sole discretion, to change, modify, add, or delete portions of this Notice at any time without further notice and such modifications are, unless otherwise stated in this Notice, effective immediately.  If this Notice is modified, such changes shall be posted on the Website and Company will make reasonable efforts to bring any modifications to the attention of User at the time of User’s access of the Website via a homepage banner or other noticeable mechanism indicating that updates have been made.  Your continued use of the Website after any such changes constitutes your acceptance of the revised Privacy Notice.  If you do not agree to this or any future Notice, you shall not use or access (or continue to use or access) the Website.

SECURITY

We understand that you value the privacy and security of your personal information.  We have implemented commercially-reasonable measures designed to keep your personal information safe from unintended disclosure.  Despite our efforts, however, factors beyond our reasonable control, such as a malicious breach or attack, may result in disclosure of your personal information.  Accordingly, we not in a position to guarantee that your information will be secure under all circumstances and we offer no warranties or representations with regards to the maintenance or non-disclosure of your information.

We will never ask for your personal information in an unsolicited phone call, email message, or other communication. If someone claiming to be us calls you or sends you a message requesting your personal information, that person is not authorized by us to do so, and you should decline to disclose the information and then contact us immediately.  You are solely liable for all activity, whether or not authorized by you, which occurs during your use of our Website.

INFORMATION WE COLLECT AND RESPONSE TO DO NOT TRACK SIGNALS — ALL USERS

We collect non-personally identifiable information from Users who are not registered Account holders. In order to provide a responsive and useful service, when you visit our Website, we collect certain non-personally identifiable information including the name of your Internet service provider, your browser (e.g., Microsoft Internet Explorer), your language settings (e.g., English), your computer’s system information, your IP address, the website or application from which you came to ours, the web pages you visit within our Website, the time and length of your visit, and other information relevant to our marketing analysis and research.  We may read or use cookies and active components (for example, JavaScript components, a GIF request, etc.) to collect aggregate information about the preferences of our visitors and optimize our Website accordingly.  We may collect this non-personally identifiable information without providing further notice to you.

We may use cookies and other tools to collect and store your preferences, usage habits, and record session information.  A “cookie” is a small data file that is transferred to your hard drive and used for record-keeping purposes.  A cookie file can collect information such as the URL, computer IP address, domain type, browser type, the country, state, and telephone area code where your server is located, the pages of the Website viewed, and any search terms entered on the Website.  Cookies and similar tools allow us and third parties to collect information about your online activities over time and across different websites.  These cookies allow us to customize the Website content to your preferences, profile, and/or demographic information.  As technology changes, the use and function of cookies may change, and they may be replaced by other technologies.  We have no obligation to update this Notice to reflect such changes.  You may configure your internet browser or other settings to accept or reject all or some cookies, or notify you when a cookie is sent; however, you may be required to set your browser to enable cookies from us in order to use most or all of the functions of the Website.

Our Website does not track users when they cross to third party websites, does not provide targeted advertising to users, and therefore  does not respond to “do not track” signals.  However, even if your browser’s settings are set to send “do not track” signals or other mechanisms to prevent tracking by cookies and similar tools, third parties may still collect information about you and your activity. Please note that we allow third party advertisers to place and access cookies on a User’s computer. Advertisers’ use of cookies is subject to their own policies, not this Notice; and this Notice does not purport to address the use of information collected by any third parties.

INFORMATION WE COLLECT — CONTACT FORM SUBMISSION

In addition to the information we collect from all Users, we collect both personally identifiable information and other information that is not personally identifiable from Users who elect to submit their information on our contact form.  Users may elect to give us personally identifiable information such as a name, company name, company postal address, e-mail addresses, telephone number, shipping volume, and carriers currently used for shipping when completing the contact form.  We use this information to reach out to you about our services and to set up an account with you.

It is your option to provide the information requested on our contact form, but declining to provide us with information may prevent you from utilizing our services.

USE OF INFORMATION AND INFORMATION SHARING

We use the information we collect from our Users to tailor and personalize our marketing, products, and services, and to continually improve the Website.  We may use the information we collect to request your participation in surveys and promotions, and we may send you product information, updates, special offers, or other marketing communications.

The reasons we may share your information with third parties include processing your transactions; maintaining your accounts; and responding to legal investigations.

We may also use, share, or transfer your personally-identifiable information and non-personally-identifiable information as required or permitted by applicable law.  You agree to provide valid, accurate, and complete information as requested and to keep all such information complete and current.

PERMITTED USERS

Use of the Website is void where prohibited. Our Website is not intended for use by anyone other than residents of the United States of America and entities organized under the laws of the United States of America.  Residents and entities of jurisdictions other than the United States of America understand that this Website may not comply with all laws of other jurisdictions, and agree that only the laws of the United States of America will be deemed applicable.

Our website is not intended for use by anyone under the age of eighteen.  Persons under the age of eighteen are not permitted to become registered Account holders.

Our Website is not directed at children under the age of thirteen and we do not knowingly collect information from children under the age of thirteen through the Website.  If we become aware that we have inadvertently received information from a visitor under the age of thirteen through the Website, we will delete the information from our records.

Some links on our Website may take visitors to third-party sites that are directed at children in whole or in part.  We are not responsible for those third parties nor their collection and use of children’s information.  We encourage you to read the privacy statements of any third-party sites you visit, whether linked from our Website or otherwise.

We, in our sole discretion, may delete any data or content with or without notice to you, and without any liability to you. We reserve the right to permanently block any User who violates this Notice.  Even after blocking you from our Website, we may retain User information, data, and content for business or legal purposes.

DASHBOARD, ACCOUNT, AND OTHER WEBSITES

Our Website may contain links to other websites which are not owned or controlled by us.  If you follow a link to a third party’s website, we do not assume any liability for the performance, quality, accuracy, timeliness, reliability, or any other aspect of products or services on any other website, and can make no representation or warranty with regard to such third party sites.  We are not responsible for third parties’ legal or privacy policies, nor for their processing of personal data.

When you provide us with your contact information through our Contact Form, one of our sales representatives will contact you by phone or e-mail to help you set up an account with us.  By obtaining an account, you will gain access to our online audit dashboard (“Dashboard”), which allows you to access your account information, shipping history, and other services you order from us.  Use of the Dashboard is governed by a separate terms of use agreement, and not the terms of this Website’s Notice.  Please review the Dashboard’s terms of use prior to accessing the Dashboard.

OWNERSHIP AND ACCESS

Subject to your compliance with this Notice, we grant you a limited, revocable license to access and make personal use of the Website.  You shall not modify the Website and shall not reproduce, duplicate, copy, sell, or resell the Website, any portion thereof, or any products, services, or other content on this Website.  This limited license does not include any resale or commercial use of the Website or its products, services, or other content; any derivative use of this Website, its products, services, or other content; or any use of robots or other data mining, gathering, and extraction tools.

INTERACTIVE SERVICES

You may upload or provide us with messages, personal information, personally-identifiable information, and other content (collectively, the “content”) on or through the Website via our customer contact form.  You understand and agree that we may, but are not required to, review and delete, without notice, any content that, in our sole judgment, violates this Privacy Notice and Terms and Conditions of Use or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of you or others.  By providing any content to us or through the Website, you grant to us an unrestricted, irrevocable, worldwide, royalty-free license to use, reproduce, display, transmit and distribute such information and materials, and you further agree that we are free to use any ideas, concepts or know-how that you or individuals acting on your behalf provide through the Website.

You understand and agree that all content and other personal information that you supply to us will be stored in and accessible from locations within and without the United States of America, for the purposes set forth herein, and may be subject to production or disclosure requirements by United States authorities in accordance with applicable United States laws.

LIABILITY AND INDEMNITY

You, the User, agree that use of the Website is at your sole risk.  The Website is provided on an “AS IS” and “AS AVAILABLE” basis, except as otherwise prohibited by applicable law.  WE EXPRESSLY DISCLAIM ANY REPRESENTATION OR WARRANTY OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY.  We do not guarantee any specific results from use of the Website.  No advice or information, whether oral or written, from or through use of the Website shall create any representation or warranty not expressly stated herein.  We assume, and shall have, no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, your communications, Data, or Content.  We are not liable for any problems or technical malfunction caused by any of the equipment or programming associated with or utilized by the Website.  Except in jurisdictions where such provisions are restricted, in no event shall we be liable to you or any other person, entity, or organization for any indirect, consequential, exemplary, incidental, special or punitive damages, including for any lost profits or lost data arising from or in any way related to your use of the Website, your purchase or use of any of the products or services offered, advertised, or sold through the Website, or any of the Website content or other materials, even if arising from our negligence and even if we are aware or have been advised of the possibility of such damages.  Notwithstanding anything to the contrary contained herein, our liability to you for any cause of action, claim, or liability whatsoever, and regardless of the form of the cause of action, claim or liability, shall at all times be limited to the amount paid, if any, by you directly to us for the specific product or service which is the subject of the claim, but in no event shall our liability to you exceed the actual amount you have paid directly to us.  You acknowledge that if no fees are paid to us by you for any product or service, you shall be limited to injunctive relief only, unless otherwise permitted by law, and shall not be entitled to damages of any kind from us, regardless of the cause of action.

You, the User, agree to defend, indemnify, and hold us harmless from and against any and all loss, damage, claim judgment, demand, liability, or expense (including reasonable attorneys’ fees and expenses), in any way related to, arising out of, or connected with: (i) your content or data; (ii) your use of the Website; (iii) your providing of false, inaccurate, misleading, or fraudulent Data or other information to us; (iv) your connection to the Website; (v) your violation or breach of this Notice; (vi) your violation or breach of any representation or warranty made by you to us; (vii) your violation or breach of any third party right, including without limitation, any intellectual property right, defamation, breach of confidence, or privacy right; or (viii) any claim that your content caused damage to a third party.  Your obligations shall survive the termination of your use of the Website. You are solely responsible for his/her/its actions, and the actions of its agents, when using the Website.

SUCCESSORS

In the event that we are acquired by or merged with any third party entity (including the sale of substantially all of our assets or of substantially all of any business unit), we reserve the right, in any of these circumstances, to transfer or assign your content, data, personal information, and the licenses obtained from you.  In the unlikely event of our bankruptcy, insolvency, reorganization, receivership, or assignment for the benefit of creditors, or the application of laws or equitable principles affecting creditors’ rights generally, we may not be able to control how your personal information is treated, transferred, or used.  You understand this and agree to hold us harmless in such circumstances.

ELECTRONIC SIGNATURES AND ELECTRONIC RECORDS

You hereby represent, warrant, acknowledge, and agree that (a) each of your affirmative acts of (i) accessing and using the Website and/or the products or services offered or provided through the Website or (ii) signing, agreeing to, or accepting this Notice, by electronic signature, clicking a button, or some other means or method as may be required by us constitutes your valid and enforceable “electronic signature” as defined by the Electronic Signatures in Global and National Commerce Act (“E-Sign”) and the Uniform Electronic Transactions Act (“UETA”) and similar state and local laws; (b) this Notice constitutes an “electronic record” for purposes of E-Sign and UETA and similar state and local laws; (c) this Notice and your electronic signature are valid, have full legal effect, are enforceable, and are binding on you as if this Notice was any other duly executed paper agreement; and (d) any person, entity, association, agency, or organization is entitled to rely upon the validity, legal effectiveness, and enforceability of your electronic signature and this Notice without the need for a handwritten signature from you.  You acknowledge and agree that if you desire a paper copy of this Notice, you may print a copy from the Website.  You hereby consent to use electronic means to receive and consent to this Notice.

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