Welcome to SmartPO. These terms define the manner in which you may use the SmartPO application (“Application"). By using the application you are agreeing on behalf of yourself, as well as any employees or agents whom you authorize to use the Site and Application, to the following:
These terms and conditions govern your use of this website; by using this website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.
You must be at least 18 years of age to use this website. By using this website and by agreeing to these terms and conditions you warrant and represent that you are at least 18 years of age.
Unless otherwise stated, MedProcure, LLC (MedProcure) owns the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved.
You may view, download or export for caching purposes only, and print pages from the website for your own district use, subject to the restrictions set out below and elsewhere in these terms and conditions.
You must not:
You are granted a personal right and permission to view, electronically copy and to print (in hard copy) your personal information and the material and content that is available on the Site, (the "Content) for the sole purpose of planning and storing order information (the "Authorized Purposes"). You acknowledge that the organization you are representing is a customer in good standing with MedProcure. You also expressly acknowledge and agree that all Content shall not be duplicated, downloaded, published, modified or otherwise distributed for any purpose other than the Authorized Purposes. You are agreeing to follow these Terms and all applicable laws and regulations that may govern the Site and the Application. You also agree not to share your user name or password with anyone that is not your employee or agent and to take appropriate measures to safeguard your user name and password to prevent unauthorized use and access to the Content.
You agree to indemnify and hold Medprocure and their officers, directors, owners, affiliates, subsidiaries, parent, employees, agents, successors and assigns harmless from any loss, liability or expense of any nature (including reasonable attorney’s fees) that result directly or indirectly from your use of the Site inconsistent with these Terms or from your failure to comply with any other provisions of these Terms.
In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.
You grant to MedProcure a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to MedProcure the right to sub-license these rights, and the right to bring an action for infringement of these rights.
Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you, MedProcure, or a third party (in each case under any applicable law).
You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
MedProcure reserves the right to edit or remove any material submitted to this website, or stored on MedProcure's servers, or hosted or published upon this website.
MedProcure will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:
These limitations of liability apply even if MedProcure has been expressly advised of the potential loss.
Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit MedProcure's liability in respect of any:
By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.
If you do not think they are reasonable, you must not use this website.
If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.
You hereby indemnify MedProcure and undertake to keep MedProcure indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by MedProcure to a third party in settlement of a claim or dispute on the advice of MedProcure's legal advisers) incurred or suffered by MedProcure arising out of any breach by you of any provision of these terms and conditions[, or arising out of any claim that you have breached any provision of these terms and conditions.
Without prejudice to MedProcure's other rights under these terms and conditions, if you breach these terms and conditions in any way, MedProcure may take such action as MedProcure deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.
MedProcure may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.
MedProcure may transfer, sub-contract or otherwise deal with MedProcure's rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.
You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.
This Site, and all of the information contained on this Site, is protected by copyright and use not permitted pursuant to these Terms of Use is unauthorized. For more information, please review. If you have any questions regarding these policies, please feel to Contact Us.
This website is provided “as is” without any representations or warranties, express or implied. MedProcure makes representations or warranties in relation to this website or the information and materials provided on this website.
MedProcure make every effort to provide accurate information on the Site and in connection with the Application, but MedProcure do not promise that the Site will be error-free, accurate or uninterrupted, nor that the information will not be updated or modified as needed. The information and claims provided on the Site reflect current information of HPS at the time that they are posted. Over time, however, this information may become out-of-date and no longer accurate. HPS cannot ensure that information and files you download from the site will be accurate or free of viruses or contamination or destructive features.
HPS AND MEDPROCURE DISCLAIM ALL WARRANTIES EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WHETHER ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. IN NO EVENT WILL HPS OR ANY RELATED ENTITIES OR INDIVIDUALS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR SPECIAL DAMAGES, INCLUDING ANY LOST PROFITS OR LOST SAVINGS, EVEN IF A HPS REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. HPS MAKES NO GUARANTEE OF ANY SPECIFIC RESULT FROM USE OF THE SITE OR USE OF THE HPS SERVICE. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE.
By using the Site, you agree that the laws in force in the State of South Carolina, without choice of law principles, will govern any dispute involving the Site and you agree to personal jurisdiction by and venue in the state and federal courts of the State of South Carolina in Pickens County. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sales of Goods, the application of which is expressly excluded. If any provision of these Terms is found void and unenforceable, it shall not affect the validity and enforceability of any other provision of these Terms. In addition, any provision which is deemed void or unenforceable shall be automatically amended in as minimal a manner as possible so as to make it valid and enforceable.