WEB SITE TERMS AND CONDITIONS OF USE
Important Legal Information
Overview:
This Procaps Direct paintball internet Web Site Terms and Conditions of Use Agreement (the "Terms of Use") is between the party using The Site ("you") and Procaps Direct ("we" or "us"), with a principal place of business at 14235 John Marshall Hwy, Gainesville, VA 20155. The following rules and regulations apply to all visitors to or users of the Procaps Direct Web Site, the home page of which is at www.procapsdirect.com. By using this Web site, YOU AGREE THAT YOU ARE AT LEAST EIGHTEEN (18) YEARS OLD. You also agree to be bound by these rules and regulations, as they may be modified by Procaps Direct at any time and posted on this Web site. In the event of a violation of these rules and regulations, Procaps Direct reserves the right to seek all remedies available by law and in equity.
Limited License:
Procaps Direct Web Site and all of its materials, including, but not limited to, its software or HTML code, scripts, text, artwork, photographs, images, video, and audio (collectively, "Materials" ) are protected by copyright laws and other U.S. and international laws and treaties. All Materials are provided by Procaps Direct as a service to its current and prospective customers and may be used only for personal informational and product ordering purposes and only if you also retain all copyright and other proprietary notices contained on the Materials. No right, title or interest in our Materials is conveyed to you. This is a limited license, not a transfer of title to our Materials, and such license is subject to the following restrictions: (a) you may not copy, reproduce, publish, transmit, distribute, perform, display, post, modify, create derivative works from, sell, license or otherwise exploit this site or any of its Materials without our prior written permission; (b) you may not access or use the Procaps Direct Web Site for any competitive or commercial purpose; and (c) you will not permit any copying of our Materials. Any unauthorized copying, alteration, distribution, transmission, performance, display, or other use of these Materials is prohibited. Procaps Direct may revoke this limited license at any time for any or no reason. All rights not expressly granted are reserved by Procaps Direct. YOUR ACCESS TO AND USE OF THE SITE MAY BE TERMINATED AT ANY TIME FOR ANY REASON.
Trademarks:
Procaps Direct and its affiliated companies retain all rights regarding their trademarks, trade names, brand names and trade dress. These marks, names or trade dress, and all associated logos or images, are registered and/or common law trademarks of Procaps Direct Inc., its Parent Company and/or its affiliates, and are protected by U.S. and international laws and treaties. No license to the use of such marks, names or trade dress is granted to you under these terms and conditions or by your use of the Procaps Direct Web Site. Your misuse of the trademarks displayed on the Procaps Direct Web Site is strictly prohibited. You are also advised that Procaps Direct will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of civil remedies and criminal prosecution.
Subject to the above, you may not modify, copy, distribute, republish or upload any of the material on The Site in any way unless you obtain the prior written consent of Procaps Direct. No intellectual property or other rights shall be transferred to you through your use of The Site.
Linking:
Periodically, links may be established from this Web Site to one or more external web sites or resources operated by third parties (the "Third Party Sites"). These links are provided for your convenience only. In addition, certain Third Party Sites also may provide links to the Procaps Direct Web Site. None of such links should be deemed to imply that Procaps Direct endorses the Third Party Sites or any content therein.
Procaps Direct does not control and is not responsible or liable for any Third Party Sites or any content, advertising, products, or other materials on or available from such Third Party Sites. Access to any Third Party Sites is at your own risk and Procaps Direct will have no liability arising out of or related to such web sites and/or their content or for any damages or loss caused or alleged to be caused by or in connection with any purchase, use of or reliance on any such content, goods, or services available on or through any such Third Party Site.
Special Notice:
Procaps Direct has a no-tolerance policy regarding the use of our trademarks or names in metatags and/or hidden text. Specifically, the use of our trademarks or names in metatag keywords is trademark infringement, and the use of trademarks or names in page text, metatags, and/or hidden text for purposes of gaining higher rankings from search engines is unfair competition. Linking to any Procaps Direct web page is prohibited absent express written permission from Procaps Direct. Framing, inline linking or other association of the Procaps Direct Web site or its Materials with links, advertisements and/or other information not originating from the Procaps Direct web site is expressly prohibited.
Disclaimer of Warranty:
Access to Procaps Direct Web Site is provided to our customers and prospective customers "AS IS" and "AS AVAILABLE" and without warranty of any kind, whether express or implied, INCLUDING BUT NOT LIMITED TO, THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NONINFRINGEMENT. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, the foregoing disclaimer may not apply to you. Procaps Direct reserves the right to block or deny access to the Web Site to anyone at any time for any reason.
To the extent that any portions of The Site (such as "chat rooms" or "bulletin boards"), now or in the future, provide users an opportunity to post and exchange information, ideas or opinions ("Postings"), BE ADVISED THAT WE DO NOT SCREEN, EDIT, OR REVIEW POSTINGS PRIOR TO THEIR APPEARANCE ON THIS WEB SITE, and Postings do not necessarily reflect our views. To the fullest extent permitted by applicable laws, we exclude all responsibility and liability for the Postings or for any losses or expenses resulting from their use and/or appearance on The Site.
We reserve the right to monitor all Postings or other materials posted on The Site and to remove any which we consider in our absolute discretion to be offensive or otherwise in breach of these Terms of Use. We do not and cannot review all materials posted to The Site by users, and we are not responsible for any such materials posted by users. However, we reserve the right at all times to disclose any information as necessary to satisfy any law, regulation or government request, or to edit, refuse to post or to remove any information or materials, in whole or in part, that in the sole discretion of Procaps Direct are objectionable or in violation of these Terms of Use
Procaps Direct does not warrant that the functions contained in the site or any materials or content contained therein will be uninterrupted or error free, that defects will be corrected, or that the site or the server that makes it available is free of viruses or other harmful components. Procaps Direct and its Parent and affiliates shall not be liable for the use of the site, including, without limitation, the content and any errors contained therein.
Jurisdiction:
Procaps Direct does not imply that the materials published on this Web Site are appropriate for use outside of the United States. If you access this Web Site from outside of the United States, you do so on your own initiative and you are responsible for compliance with local laws. The terms of this Web Site shall be governed by the laws of the state of Virginia, without giving effect to its conflict of laws provisions.
Your Communications:
Procaps Direct shall be free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Web Site for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information. Any personally identifiable information you provide to Procaps Direct through the Web Site shall be subject to the Web Site’s Privacy Policy.
You hereby represent and warrant that you have all necessary rights in and to all Postings you provide and all material they contain and that such Postings shall not infringe any proprietary or other rights of third parties. By posting messages, uploading files, inputting data or engaging in any other form of communication (individually or collectively "Communications") to The Site, you hereby grant to Procaps Direct, subject to our privacy policy, a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty free license to use, copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit and otherwise exploit such Communications, in all media now known or hereafter developed. You hereby waive all rights to any claim against Procaps Direct for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with such Communications
You represent, warrant and covenant that you shall not upload, post or transmit to or distribute or otherwise publish through The Site any materials which (i) restrict or inhibit any other user from using and enjoying The Site, (ii) are unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent, (iii) constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate law, (iv) violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other proprietary right, (v) contain a virus or other harmful component, (vi) contain any information, software or other material of a commercial nature, (vii) contain advertising of any kind, or (viii) constitute or contain false or misleading indications of origin or statements of fact.
Limitation of Liability:
IN NO EVENT WILL PROCAPS DIRECT BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES FOR USE OF THIS SITE OR ANY OTHER HYPERLINKED WEB SITES INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, COSTS OF REPLACEMENT, BUSINESS INTERRUPTIONS, LOSS OF DATA OR DAMAGES RESULTING FROM USE OF OR RELIANCE ON THE INFORMATION PRESENT, EVEN IF PROCAPS DIRECT IS EXPRESSLY ADVISED ABOUT THE POSSIBILITY OF SUCH DAMAGES. YOU ASSUME TOTAL RESPONSIBILITY FOR ESTABLISHING SUCH PROCEDURES FOR DATA BACK UP AND VIRUS CHECKING AS YOU CONSIDER NECESSARY. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, the foregoing limitations on liability may not apply to you.
The materials included in The Site are for general information purposes only and do not constitute legal advice. They are not intended to be a substitute for obtaining professional advice. ALL ARTICLES AND MATERIAL DISPLAYED BY US ON THE SITE ARE FOR INFORMATION ONLY, ARE NO SUBSTITUTE FOR SPECIFIC ADVICE, AND ARE IN NO MANNER TO BE CONSIDERED LEGAL ADVICE OR OTHER LICENSED PROFESSIONAL ADVICE OR A SUBSTITUTE THEREFORE. Procaps Direct does not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed or distributed through The Site. You acknowledge that any reliance upon any such materials, opinion, advice, statement, memorandum, or information shall be at your sole risk. Procaps Direct reserves the right, in its sole discretion, to correct any errors or omissions in any portion of The Site.
While Procaps Direct makes efforts to provide safe paintball information, you agree that Procaps Direct is not responsible to provide complete safety information nor does Procaps Direct guarantee the completeness or efficacy of its safety information
Revisions:
We are not able to confirm that the materials contained on these web pages are correct in every case. Procaps Direct reserves the right to make changes to The Site, including the availability of any feature, database, content, web page materials, product information and / or prices on The Site at any time without notice or liability. Procaps Direct may also impose limits on certain features and services or restrict your access to parts or all of The Site without notice or liability.
Procaps Direct also reserves the right, at its sole discretion, to change, modify, add or remove any portion of these terms in whole or in part, at any time and without notice. Procaps Direct may terminate the authorization, rights and license given above at any time and without notice. Your continued use of this Web Site after any changes to these terms are posted will be considered acceptance of those changes.
PRIVACY AND SECURITY
PRIVACY STATEMENT
This privacy policy is intended to assist you in understanding what information we gather about you when you visit this Web site, how we use that information, and the safeguards we have in place for that information.
This Privacy Statement applies only to the information collected online at Procapsdirect.com.
• INFORMATION WE COLLECT ONLINE
• USING PERSONAL INFORMATION WE COLLECT ONLINE
• PROCAPS DIRECT E-MAIL
• INFORMATION WE SHARE WITH THIRD PARTIES
• VISITORS FROM OUTSIDE THE U.S.
• COOKIES
• UPDATING YOUR PERSONAL INFORMATION
• PRIVACY OF CHILDREN ON OUR WEB SITE
• LINKS TO OTHER WEB SITES AND SERVICES
• UPDATES TO PRIVACY STATEMENT
• QUESTIONS OR CONCERNS
• SECURITY STATEMENT
INFORMATION WE COLLECT ONLINE
1. General Browsing Information
Procapsdirect.com gathers navigational information during each visitor's use of our Web site. In the process of gathering navigational information, non-personally identifiable information (i.e. domain type, browser version, service provider and IP address) may be collected. The navigational information tells Procapsdirect.com about the use of our Web site by visitors, including the areas of our site that are most visited or the time of a last visit to a page on our site. It also tells us about the technical efficiencies of our Web site and services (i.e. the time it takes a visitor to connect to our Web site or download pages). The navigational information helps us better understand a visitor's experience at Procapsdirect.com and improve upon that experience by recognizing and delivering more of the features, services and products our visitors prefer.
2. Personal Information
Procapsdirect.com may ask you to provide personal information when you establish or update a Procapsdirect.com account, sign up for Procaps Direct E-mail, enter a contest, participate in a survey, request a catalogue, and/or create or send a wish list.
Categories of information collected might include name, address, e-mail address, recipient's name and e-mail address, telephone number, and messages or reminders you create.
We also collect information from you when you sign up for Procaps Direct E-mail. Categories of information collected when you sign up include name, mailing address, telephone number, and e-mail address.
USING PERSONAL INFORMATION WE COLLECT ONLINE
Procapsdirect.com uses the personal information we collect from you to fulfill requests that you have created, for survey purposes, for verification purposes, to respond to your inquiries, to send you updates, and to deliver services and information about our or our sister companies products, promotions and events, or Web site, including adding you to the Procaps Direct E-mail list and to our print catalogue mailing list when you sign up.
In addition, we will use your name and mailing address provided during such sign up, in all the ways described in this privacy statement and we will use your e-mail address as described in this privacy statement for e-mail addresses collected after July 31st, 2007.
PROCAPS DIRECT E-MAIL
Procaps Direct E-mail allows you to receive exclusive information about special offers, events, new products, and much more. If you're not already registered, simply complete our sign up form to receive these special messages. If at any time you would like to stop future delivery of Procaps Direct E-mail, please follow the removal instructions located at the bottom of each message or complete the removal from e-mail form. Asking to be removed from Procaps Direct E-mail will not prevent you from receiving e-mail requests to participate in surveys about our products or other operational e-mail communications.
INFORMATION WE SHARE WITH THIRD PARTIES
We might use third parties to help us provide services to you such as monitoring site activity, conducting surveys, maintaining our database, administering e-mails, and administering drawings or contests. Third parties also provide aggregate, comparative information on the performance of our site to us and a select group.
Procaps Direct does not share your personal info with any other third party, other than our service providers and might also be shared with our Parent or affiliated companies so that they may send you information about their products. Our Parent and affiliated companies' e-mails, like ours, would provide you with the opportunity to opt-out of future e-mails from them. Additionally, Procapsdirect.com may occasionally provide you with the opportunity to opt-in to receive e-mail messages from third parties. If you do opt-in we will share your e-mail address with the specific third party from whom you have opted-in to receive e-mail messages.
You should be aware that we may disclose specific information about you if necessary to do so by law or based on our good faith belief that it is necessary to conform or comply with the law or is necessary to protect the users of our Web site or the public.
VISITORS FROM OUTSIDE THE U.S
If you are visiting Procapsdirect.com from a location outside of the U.S., all information you provide will be maintained in our Web servers and/or internal systems located within the U.S., and protected as noted in this privacy policy.
COOKIES
1. What are cookies and how do we use cookies on our Web site?
Procapsdirect.com may, now or in the future, use a browser feature known as a cookie. A cookie is a small data file that is stored by your Web browser on your computer. Cookies are used to help track your clicks and pass information as you go through the pages within Procapsdirect.com. This allows Procapsdirect.com to make our site more responsive to your needs by delivering a better and more personalized experience to you. Procapsdirect.com may, now or in the future, uses cookies to keep track of how many items you put into your shopping bag and to remember you when you return to Procapsdirect.com.
We also may, now or in the future, use cookies and/or a technology known as clear gifs, which are typically stored in e-mails to help us confirm your receipt of, and response to, our e-mails and to provide you a more personalized experience. This allows us to associate navigational information from browsing visits with personal information you provide at our site.
2. Do we share information from cookies with third parties?
We may share non-transactional behavioral data collected through the use of cookies with our Parent or affiliated companies.
3. How do third parties use cookies on our site?
Any third party advertising companies are carefully selected and we may, now or in the future, allow them to collect non-personally identifiable information by placing cookies when you choose to visit and when you visit Procapsdirect.com. These selected companies may use information (not including your name, address, e-mail address, or telephone number) about your choice to visit and your visits to our site and other Web sites to provide advertisements about Procaps Direct's products and services on this and other web sites. These selected companies also provide this information to us which we use to gauge the effectiveness of the advertisements they place about our products and services and for marketing purposes.
Cookies assist us in better understanding your use of our site. Blocking cookies served from third party domains will not block our first-party cookies. The information we collect educates us on such things as search engine referral, how you navigate around our site, traffic driven by banner ads, responses to email, unique visitor identification, and product browsing, and allows us to better serve your interests and provide you with more personalized product offerings.
As a visitor to Procapsdirect.com, you have the option to deactivate our ability to analyze your browsing behavior on our site. If you delete your cookies, you will need to opt-out again.
UPDATING YOUR PERSONAL INFORMATION
We prefer to keep your personal information accurate and up-to-date. To do this, we provide you with the opportunity to update or modify your personal information.
PRIVACY OF CHILDREN ON OUR WEB SITE
To ensure compliance with federal law, Procapsdirect.com does not knowingly collect or maintain information provided by children under the age of 13.
LINKS TO OTHER WEB SITES AND SERVICES
For your convenience, our Web site may contain links to other sites. Links that appear on Procapsdirect.com should not necessarily be deemed to imply that we endorse or have any affiliation with the linked Web sites. Procaps Direct is not responsible for the privacy practices or the content of such Web sites. We encourage you to review the separate privacy policies of each site you visit.
UPDATES TO PRIVACY STATEMENT
Procaps Direct Privacy and Security Policy is subject to change at any time. We encourage you to review the privacy policy regularly for any changes.
QUESTIONS OR CONCERNS
If you have questions or concerns with respect to our Privacy Policy, please feel free to contact us.
SECURITY STATEMENT
Procapsdirect.com takes the following types of security measures: use of technologies and policies such as limited access data-centers, firewall technology, secure socket layer certificate authentication and limitations of administrative access to our systems.
While we implement the above security measures on this site, you should be aware that 100% security is not always possible.
This Privacy Statement is effective July 31st, 2007
Procaps Direct collects various types of personal information about you both online and offline during the course of our customer relationship. Under California law, if you are a resident of California, you may make a written request to Procaps Direct about how we have shared your information with third parties for their direct marketing purposes. In response to your written request, Procaps Direct is allowed to provide you with a notice describing the cost-free means to opt-out of our sharing your information with third parties with whom we do not share the same brand name, if the third party will use it for their direct marketing purposes.
If you would like to exercise your rights under California law, please send your written request to the postal address below. Your written request must include your postal address so that we may provide you with our notice and third party direct marketing opt-out form. Procaps Direct will provide you with this form within thirty (30) days of receiving your written request.
Procaps Direct Inc.
Customer Service Department
14235 John Marshall Hwy
Gainesville, Virginia
20155
