Accepting These Terms
This contract sets out your rights and responsibilities when you use COVID-19 Global Supplies.net, InXite Health Systems, our mobile app, and the other services provided by COVID-19 Global Supplies (we’ll refer to all of these collectively as our “Services”), so please read it carefully. By using any of our Services (even just browsing one of our websites), you’re agreeing to the Terms. If you don’t agree with the Terms, you may not use our Services.
Both COVID-19 Global Supplies and sellers process members’ personal information (for example, buyer name, email address, and shipping address) and are therefore considered separate and independent data controllers of buyers’ personal information. That means that each party is responsible for the personal information it processes in providing the Services. For example, if a seller accidentally discloses a buyer’s name and email address when fulfilling another buyer’s order, the seller, not COVID-19 Global Supplies, will be responsible for that unauthorized disclosure.
If, however, COVID-19 Global Supplies and sellers are found to be joint data controllers of buyers’ personal information, and if COVID-19 Global Supplies is sued, fined, or otherwise incurs expenses because of something that you did as a joint data controller of buyer personal information, you agree to indemnify COVID-19 Global Supplies for the expenses it occurs in connection with your processing of buyer personal information.
Your Account with COVID-19 Global Supplies
You’ll need to create an account with COVID-19 Global Supplies to use some of our Services. Here are a few rules about accounts with COVID-19 Global Supplies:
- You must be 18 years or older to use our Services.
- It’s prohibited to use false information or impersonate another person or company through your account.
- You’re responsible for your account. You’re solely responsible for any activity on your account. If you’re sharing an account with other people, then the person whose financial information is on the account will ultimately be responsible for all activity. If you’re registering as a business entity, you personally guarantee that you have the authority to agree to the Terms on behalf of the business. Also, your accounts are not transferable.
- Protect your password. 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 relationship between you and COVID-19 Global Supplies.
- Your Use of Our Services
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. This includes any local, state, federal, and international laws that may apply to you. For example, it’s your responsibility to obtain any certifications or licenses that your products require; you may not sell anything that violates any laws; you may not engage in fraud (including false claims or infringement notices), theft, anti-competitive conduct, threatening conduct, or any other unlawful acts or crimes against COVID-19 Global Supplies, another COVID-19 Global Supplies user, or a third party.
- You are responsible for paying all fees that you owe to COVID-19 Global Supplies.
- 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 “COVID-19 Global Supplies” and the other COVID-19 Global Supplies marks, phrases, logos, and designs that we use in connection with our Services, are trademarks, service marks, or trade dress of COVID-19 Global Supplies in the US and other countries.
- From time to time, COVID-19 Global Supplies may provide you with certain legal information in writing. By using our Services, you’re agreeing that we can send you information electronically (such as by email) instead of mailing you paper copies, and that your electronic agreement is the same as your signature on paper.
Termination By You. You may terminate your account with COVID-19 Global Supplies at any time from your account settings. Note that you’ll still have to pay any outstanding bills.
Termination By COVID-19 Global Supplies. 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 sell or buy on our websites or mobile apps. COVID-19 Global Supplies may refuse service to anyone, at any time, for any reason.
We May Discontinue the Services. COVID-19 Global Supplies 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.
Warranties and Limitation of Liability
Items You Purchase. You understand that COVID-19 Global Supplies does not manufacture, store, or inspect any of the items sold through our Services. We provide the venue; the items in our marketplaces are produced, listed, and sold directly by independent sellers, so COVID-19 Global Supplies cannot and does not make any warranties about their quality, safety, or even their legality. Any legal claim related to an item you purchase must be brought directly against the seller of the item. You release COVID-19 Global Supplies from any claims related to items sold through our Services, including for defective items, misrepresentations by sellers, or items that caused physical injury (like product liability claims).
We hope this never happens, but if COVID-19 Global Supplies gets sued because of something that you did, you agree to defend and indemnify us. That means you’ll defend COVID-19 Global Supplies (including any of our employees) 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.
Disputes with Other Users
If you find yourself in a dispute with another user of COVID-19 Global Supplies’ Services or a third party, we encourage you to contact the other party and try to resolve the dispute amicably. COVID-19 Global Supplies will attempt to help you resolve disputes in good faith and based solely on our interpretation of our policies, in our sole discretion; we will not make judgments regarding legal issues or claims. COVID-19 Global Supplies has no obligation to resolve any disputes. Release of COVID-19 Global Supplies. You release COVID-19 Global Supplies from any claims, demands, and damages arising out of disputes with other users or parties.
Disputes with COVID-19 Global Supplies
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 Ohio, without regard to its conflict of laws rules, and the laws of the United States of America. These laws will apply no matter where in the world you live, but if you live outside of the United States, you may be entitled to the protection of the mandatory consumer protection provisions of your local consumer protection law.
- You and COVID-19 Global Supplies agree that any dispute or claim arising from or relating to the Terms shall be finally settled by final and binding arbitration, using the English language, administered by the American Arbitration Association (the “AAA”) under its Consumer Arbitration Rules (the “AAA Rules”) then in effect (those rules are deemed to be incorporated by reference into this section, and as of the date of these Terms you can find the AAA Rules here), unless otherwise required by law. Arbitration, including threshold questions of arbitrability of the dispute, will be handled by a sole arbitrator in accordance with those rules. Judgment on the arbitration award may be entered in any court that has jurisdiction. Any arbitration under the Terms will take place on an individual basis — class arbitrations and class actions are not permitted. You understand that by agreeing to the Terms, you and COVID-19 Global Supplies are each waiving the right to trial by jury or to participate in a class action or class arbitration. Notwithstanding the foregoing, each party shall have the right to bring an action in a court of proper jurisdiction for injunctive or other equitable or conservatory relief, pending a final decision by the arbitrator. You may instead 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 Arbitration. Payment for any and all reasonable AAA filing, administrative, and arbitrator fees will be in accordance with the Consumer Arbitration Rules.
- We’re based in Ohio, so any legal action against COVID-19 Global Supplies related to our Services must be filed and take place in Franklin County, Ohio. For all actions under the AAA Rules, the proceedings may be filed where your residence is, or in Columbus, Ohio, and any in-person hearings will be 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 arbitration, you and COVID-19 Global Supplies agree to submit to the personal jurisdiction of a state or federal court located in Franklin County, Ohio.
- 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 Ohio.
- 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 posting the changes through the Services and/or 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 unless otherwise specified. 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.