Welcome to ProcureMed. We're committed to providing a secure and fair marketplace for our buyers. To support this commitment, we’ve developed rules and policies that govern our expectations.
1. Accepting These Terms. This document and the other documents that we reference below make up our company policies and procedures, or what we officially call our Terms of Use (the “Terms” for short).
The Terms are a legally binding contract between you and ProcureMed, a subsidiary of Global Inventory Management, LLC.
2. Your Account with ProcureMed. All customers will need to create an account with ProcureMed in order to purchase equipment on our site. Below are a few rules about ProcureMed accounts:
- Customers must represent a legal business with a valid Tax ID. As part of this, customers must be 18 or older to use our Services.
- Provide accurate information about yourself and your company. It is not permissible to use false information or impersonate another person or company through your account. ProcureMed will review and approval all information for new accounts opened.
- If you decide to not have your company name serve as the name associated with your account, you may not use language that is offensive, vulgar, or infringes someone’s intellectual property rights, or otherwise violates the Terms.
- As we mentioned above, you’re solely responsible for any activity on your account, so it’s important to keep your account password secure.
- These Terms don't create any agency, partnership, joint venture, employment, or franchisee relationship between you and ProcureMed.
3. License to Use Our Services. We grant you a limited, non-exclusive, non-transferable, and revocable license to use our Services—subject to the Terms and the following restrictions in particular:
- You agree that you will not violate any laws in connection with your use of the Services. You must comply with our Sanctions Policy and not engage in fraud, theft, anti-competitive conduct, threatening conduct, or any other unlawful acts or crimes against ProcureMed or another ProcureMed user.
- Except as set forth below, you are solely responsible for paying any applicable taxes for any purchases you make through our Services.
- You agree not to “crawl,” “scrape,” or “spider” any page of the Services or to reverse engineer or attempt to obtain the source code of the Services.
- You agree not to interfere with or try to disrupt our Services, for example by distributing a virus or other harmful computer code.
- The name “ProcureMed” and any other ProcureMed marks, phrases, logos, and designs that we use in connection with our Services, are trademarks, service marks, or trade dress of ProcureMed in the US and other countries.
- By using our Services, you’re giving your consent for ProcureMed to provide you with electronic communications (including all legal terms and legally-required disclosures) electronically. You also agree that your agreement with electronic terms and disclosures has the same legal effect as if you had signed an agreement on paper. For example, if you click a button on ProcureMed’s website electronically, and language appearing next to the button informs you that you will agree to certain terms by clicking the button, then your click of the button will have the same legal effect as signing an agreement on paper.
4. Sanctions Policy. As a global company based in the US, ProcureMed complies with economic sanctions and trade restrictions, including those implemented by the Office of Foreign Assets Control ("OFAC") of the US Department of the Treasury. This means that ProcureMed cannot take part in transactions that involve designated people, places, or items that originate from those places, as determined by agencies like OFAC.
5. Payments and Fees Policy
ProcureMed allows buyers to pay by (a) authorized credit and debit card transactions, Stripe, and PayPal as well as (b) bank wire transfers.
a. Third-Party Payment Processors. ProcureMed partners with Stripe and PayPal to facilitate card payments and other payments. For equipment sold for less than $5,000 Stripe or PayPal can be used.
b. Wire Transfers. For equipment sold at any dollar amount, wire transfers can be used. Once you complete the Checkout process, you will receive an email with wire instructions. Equipment will not be shipped until full payment has been received.
c. Fees
Third Party Payment Processing Fees: If you use Paypal or Stripe, you'll pay any costs or fees associated with those services.
d. Taxes
Buyers are responsible for paying claiming and paying taxes on equipment purchased through ProcureMed, if your state requires taxes on equipment purchases.
6. Privacy Policy. We know your personal information is important to you, so it’s important to us. If you choose to use our Service, then you agree to the collection and use of information in relation with this policy. The Personal Information that we collect is used for providing and improving the Service. We will not use or share your information with anyone except as described in this Privacy Policy.
- Information Collection and Use. For a better experience while using our Service, we may require you to provide us with certain personally identifiable information, including but not limited to your name, phone number, and postal address. The information that we collect will be used to contact or identify you.
- Log Data. We want to inform you that whenever you visit our Service, we collect information that your browser sends to us that is called Log Data. This Log Data may include information such as your computer's Internet Protocol (“IP”) address, browser version, pages of our Service that you visit, the time and date of your visit, the time spent on those pages, and other statistics.
- Cookies. Cookies are files with small amount of data that is commonly used an anonymous unique identifier. These are sent to your browser from the website that you visit and are stored on your computer's hard drive. Our website uses these “cookies” to collection information and to improve our Service. You have the option to either accept or refuse these cookies, and know when a cookie is being sent to your computer. If you choose to refuse our cookies, you may not be able to use some portions of our Service.
- Service Providers. We may employ third-party companies and individuals due to the following reasons:
- To facilitate our Service;
- To provide the Service on our behalf;
- To perform Service-related services; or
- To assist us in analyzing how our Service is used. We want to inform our Service users that these third parties have access to your Personal Information. The reason is to perform the tasks assigned to them on our behalf. However, they are obligated not to disclose or use the information for any other purpose.
- Security. We value your trust in providing us your Personal Information, thus we are striving to use commercially acceptable means of protecting it. But remember that no method of transmission over the internet, or method of electronic storage is 100% secure and reliable, and we cannot guarantee its absolute security.
- Links to Other Sites. Our Service may contain links to other sites. If you click on a third-party link, you will be directed to that site. Note that these external sites are not operated by us. Therefore, we strongly advise you to review the Privacy Policy of these websites. We have no control over, and assume no responsibility for the content, privacy policies, or practices of any third-party sites or services.
- Children's Privacy. Our Services do not address anyone under the age of 18. We do not knowingly collect personal identifiable information from children under 18. In the case we discover that a child under 18 has provided us with personal information, we immediately delete this from our servers. If you are a parent or guardian and you are aware that your child has provided us with personal information, please contact us so that we will be able to do necessary actions.
7. Termination
Termination By You. We'd hate to see you go, but you may terminate your account with ProcureMed at any time from your account settings.
Termination By ProcureMed. We may terminate or suspend your account (and any related accounts) and your access to the Services at any time, for any reason, and without advance notice. If we do so, it’s important to understand that you don’t have a contractual or legal right to continue to use our Services, for example, to buy on our website. ProcureMed may refuse service to anyone, at any time, for any reason.
If you or ProcureMed terminate your account, you may lose any information associated with your account, including Your Content.
We May Discontinue the Services. ProcureMed reserves the right to change, suspend, or discontinue any of the Services at any time, for any reason. We will not be liable to you for the effect that any changes to the Services may have on you, including your income or your ability to generate revenue through the Services. Survival. The Terms will remain in effect even after your access to the Service is terminated, or your use of the Service ends.
8. Warranties and Limitation of Liability (or the Things You Can’t Sue Us For)
Items Purchased Directly From ProcureMed. ProcureMed, or Global Inventory Management, LLC, sells equipment on behalf of their vendors. Equipment sold through Global is being sold "as is / where is" condition without any warranties expressed or implied by the seller. All equipment must be tested and inspected by an authorized technician prior to clinical use." The buyer indemnifies Global Inventory Management and our Vendor from any liabilities incurred during transport or any other time following transfer of possession.
Third-Party Services. Our Services may contain links to third-party websites or services that we don’t own or control (for example, links to Facebook, Twitter, and Pinterest). When you access these third-party services, you do so at your own risk. The third parties may require you to accept their own terms of use. ProcureMed is not a party to those agreements; they are solely between you and the third party.
9. Indemnification (or What Happens If You Get Us Sued)
We hope this never happens, but if ProcureMed gets sued because of something that you did, you agree to defend and indemnify us. That means you’ll defend ProcureMed (including any of our agents, servants, employees, representatives, subsidiaries, heirs, successors and assigns) and hold us harmless from any legal claim or demand (including reasonable attorney’s fees) that arises from your actions, your use (or misuse) of our Services, your breach of the Terms, or your account’s infringement of someone else’s rights.
We reserve the right to handle our legal defense however we see fit, even if you are indemnifying us, in which case you agree to cooperate with us so we can execute our strategy, while you shall be obligated to pay any and all of our attorney’s fees and costs associated with same.
10. Disputes with ProcureMed
If you’re upset with us, let us know, and hopefully we can resolve your issue. But if we can’t, then these rules will govern any legal dispute involving our Services:
- Governing Law. The Terms are governed by the laws of the State of New Hampshire, without regard to its conflict of laws rules, and the laws of the United States of America.
- Mediation. You and ProcureMed agree that any dispute and/or claim arising from or relating to the Terms herein shall first proceed to Mediation prior to the institution of any suit in the State of New Hampshire. Mediation will be handled by a single Mediator of ProcureMed’s choosing . Should the parties conclude with a successful mediation then that judgment shall be binding between the parties and may be entered in any court within the New Hampshire jurisdiction should a party so desire, although it shall not be required or necessary for a party to do so. Any Mediation under the Terms will take place on an individual basis--class mediations and class actions are not permitted. You understand that by agreeing to the Terms, you and ProcureMed are each waiving the right to participate in a class action or class mediation. Notwithstanding the foregoing, each party shall have the right to bring an action in a court of proper jurisdiction for the State of New Hampshire for injunctive or other equitable or conservatory relief. You may also assert your claim in “small claims” court, but only if your claim qualifies, your claim remains in such court, and your claim remains on an individual, non-representative, and non-class basis.
- Costs of Mediation. Payment for any and all reasonable mediation fees shall be shared equally between the parties.
- Forum. We’re based in Dover, New Hampshire, so any legal action against ProcureMed related to our Services must be filed and take place in Dover, Country of Strafford, New Hampshire. For all mediations, the proceedings will be in Dover, Strafford County, New Hampshire, or otherwise conducted at a location which is reasonably convenient to both parties taking into account their ability to travel and other pertinent circumstances. For any actions not subject to mediation, you (where your contract is with ProcureMed) and ProcureMed agrees to submit to the personal jurisdiction of a state court located in Strafford County, New Hampshire or the United States District Court for the District of New Hampshire.
- Government Exception. If you are a government agent or entity in the United States using the Services in your official capacity, and you are legally unable to agree to the clauses in this section, then those clauses do not apply to you. In that case, the Terms and any action related to the Terms will be governed by the laws of the United States (without reference to conflict of laws) and, in the absence of federal law and to the extent permitted under federal law, the laws of the State of New Hampshire.
- Modifications. If we make any changes to this “Disputes with ProcureMed” section after the date you last accepted the Terms, those changes will not apply to any claims filed in a legal proceeding against ProcureMed prior to the date the changes became effective. ProcureMed will notify you of substantive changes to the “Disputes with ProcureMed” section at least 30 days prior to the date the change will become effective. If you do not agree to the modified terms, you may send ProcureMed a written notification (including email) or close your account within those 30 days. By rejecting a modified term or permanently closing your account, you agree to arbitrate any disputes between you and ProcureMed in accordance with the provisions of this “Disputes with ProcureMed” section as of the date you last accepted the Terms, including any changes made prior to your rejection. If you reopen your closed account or create a new account, you agree to be bound by the current version of the Terms.
11. Changes to the Terms
We may update these Terms from time to time. If we believe that the changes are material, we’ll definitely let you know by doing one (or more) of the following: (1) posting the changes through the Services or (2) sending you an email or message about the changes. That way you can decide whether you want to continue using the Services. Changes will be effective upon the posting of the changes. You are responsible for reviewing and becoming familiar with any changes. Your use of the Services following the changes constitutes your acceptance of the updated Terms.
12. Some Finer Legal Points
The Terms, including all of the policies that make up the Terms, supersede any other agreement between you and ProcureMed regarding the Services. If any part of the Terms is found to be unenforceable, that part will be limited to the minimum extent necessary so that the Terms will otherwise remain in full force and effect. Our failure to enforce any part of the Terms is not a waiver of our right to later enforce that or any other part of the Terms. We may assign any of our rights and obligations under the Terms.
13. Contact Information
If you have any questions about the Terms, please email us at: ProcureMed@GIM-LLC.com.