Terms & Conditions/Privacy Statement

Web Site Privacy Statement
Collection and Use of Your Personal Information

Personal Information
Contact information (i.e., name, address, phone number), unique identifiers (i.e., email address, social security number), financial information (i.e., account or credit card numbers), and other information (i.e., employment history) is personal information covered in this privacy policy.

Data Collection and Purpose Specification
We do not collect information about our visitors from other sources, such as public records or bodies, or private organizations. We also do typical web traffic analyses through which we track statistics such as which pages are visited in what order, where users come from, and how long users spend on our Site but we never associate such information with specific identities. Any personal information we might have is information that you have voluntarily provided to us in the course of using this Mercy website (“Site”). The term “Mercy” or “Mercy Health” as used herein refers collectively to Mercy Health and its parent, subsidiary and affiliate companies.

In certain limited circumstances, we may be required by law to release personal information in response to a court order, subpoena, search warrant, law or regulation. We reserve the right to cooperate with law enforcement authorities in investigating and prosecuting users that violate our rules or engage in behavior that is harmful (or illegal) to other users.

M-Wear Vendor
Vendors will be provided information necessary to process your online order (i.e. name, address, billing information, product information)

The services and links of our Web Site

Our Site may enable you to communicate with other visitors or to post information that can be accessed by others. When you do so, other visitors may collect your data. Mercy is not responsible for the privacy practices or the content of other websites. Users should view the privacy policies of each website they visit to determine what information is collected.

Security
Mercy has security measures in place to prevent the loss, misuse or alteration of information, or unauthorized access under our control. All personally identifiable information that you enter on this Site is encrypted with Secure Sockets Layer (SSL). The encryption means that your data is protected while it is being transferred over the Internet to our servers. Once your data reaches our servers, the same security software that guards Mercy business information protects your personal information as well. All members of our workforce who have access to, and are associated with the processing of personal data, are obligated to respect the confidentiality of our visitor’s personal information.

E-mail
This Site may provide you with the opportunity to send and receive communications from us or third parties. We give you the option of using a secure transmission method to send us the following types of personal data via the forms on our Site: primary personal data (such as name and contact details)

Credit Transactions
If you elect to pay for any service hereunder through your credit card, we, in our sole discretion reserve the right to accept payment from your credit card. By requesting the credit card payment option, you hereby authorize us to bill and charge the credit card indicated in your order, for any fees and/or any other amounts provided for in your order, as the same becoming due and payable. In the event we elect to so accept payment, we shall debit the applicable amounts from your credit card, we shall provide notice to you whereupon you immediately shall either (i) furnish in writing to us a valid credit card account number, or (ii) make payment to us in other immediately available funds, whether by check or otherwise.

Contact Information
If you have any questions about this Privacy Statement, please send them in writing to: Mercy Health Privacy and Data Security Officer 1235 E. Cherokee Springfield, MO 65804

Terms and Conditions of Use of mercymarketplace.com
BY USING THIS SITE, YOU INDICATE YOUR CONSENT TO BE BOUND BY THE PROVISIONS OF THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF USE FOR THIS SITE, YOU MAY NOT USE THE SITE OR ITS SERVICES.

We reserve the right to update or change these Terms and Conditions at any time and for any reason. If we make significant changes, however, we will make these changes available on our home page, or alert you to such changes by other similar means. Your continued use of the Site binds you to any such revisions, therefore, you should return to this page periodically to review the latest version of the Terms and Conditions for your records. All of the information, communications, software, scripting, photos, text, video, graphics, images, sounds, music and other materials and services found on the Site (collectively, the "Content") is intended for the use of persons who are at least of the age of eighteen (18). All users represent and warrant that they are at least 18 years of age and possess the legal right and ability to agree to these Terms and Conditions. We do not permit registration by, nor do we collect personally identifiable information from any person we actually know to be under the age of 18. In addition to these Terms and Conditions, you should also read and be aware of the provisions of our Privacy Statement, and any other information herein governing the use of the Site.

Our failure to act with respect to a breach by you or others of these Terms and Conditions of Use does not waive our right to act with respect to subsequent or similar breaches. These Terms and Conditions of Use set forth the entire understanding and agreement between us and any Site user with respect to the Site, its uses and services.

Legal Notices and Disclaimers
Mercy has 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, any of your data or any data on this Site. We are not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems. We are not responsible for any loss or damage, including personal injury or death, resulting from anyone’s use of the web Site or the Site or any content posted on the web Site or transmitted to anyone, or any interactions between users of the web Site, whether online or offline.

Mercy may offer links to other websites not managed or controlled by Mercy. These link(s) are for informational purposes only. Mercy does not endorse and has not verified the accuracy of the information in/on these websites.

Users’ Agreement
When registering to use this Site, users may be asked to create a unique personal profile account and/or password allowing you access to the Site. Users agree to maintain the security of all user identification, password and other confidential information relating to the use of the Site. Users agree not to impersonate another person or create any false account information or health record for themselves or others. See our Privacy Statement for more information regarding the collection, use and protection of such information by Mercy. You may not use this Site for any unlawful purpose. Users agree not to upload or transmit any communications or content of any type that infringes or violates any rights of any party. Users agree not to collect personal information about users. Users agree not to post material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful or embarrassing to any other person or entity as determined by Mercy in our sole discretion. You further may not use the Site to violate, plagiarize or infringe the rights of third parties. Users agree not to use this Site as a means to distribute any unsolicited material to any third party.

Warranties and Limitation of Liability
THIS SITE AND MATERIALS ARE PROVIDED "AS IS" AND THE USE OF THE SITE AND MATERIALS IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PROVIDED BY LAW, MERCY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO: WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS STRAINS AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. MERCY DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION, MATERIALS, SERVICES AND ADVICE PROVIDED ON THIS SITE ARE ACCURATE, RELIABLE COMPLETE OR CURRENT.

Limitation of Liability
IN NO EVENT SHALL MERCY OR ITS REPRESENTATIVES BE LIABLE FOR ANY DIRECT DAMAGES. IN ADDITION, IN NO EVENT SHALL MERCY OR ITS REPRESENTATIVES BE LIABLE FOR ANY SPECIAL, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO: PERSONAL INJURY, WRONGFUL DEATH, LOSS OF USE, LOSS OF PROFITS, INTERRUPTION OF SERVICE OR LOSS OF DATA, WHETHER IN ANY ACTION IN WARRANTY, CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR FUNDAMENTAL BREACH), OR OTHERWISE ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF, OR THE INABILITY TO USE, THIS SITE OR THE MATERIAL CONTAINED IN OR ACCESSED THROUGH THIS SITE, EVEN IF AN AUTHORIZED REPRESENTATIVE OF MERCY IS ADVISED OF THE LIKELIHOOD OR POSSIBILITY OF THE SAME. IN NO EVENT IS MERCY LIABLE FOR ANY DAMAGES CAUSED BY YOUR OR ANY THIRD PARTY'S ACTS OR OMISSIONS.

When using this Site, information will be transmitted over a medium which is beyond the control and jurisdiction of Mercy. Accordingly, Mercy no liability for or relating to the delay, failure, interruption or corruption of any data or other information transmitted in connection with the use of the Site and do not guarantee continuous, uninterrupted or secure access to our services. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, the above disclaimers and limitations may not apply to you if you reside in such a jurisdiction.

Indemnification
Users will hold Mercy harmless from and indemnify Mercy and any of our successors, assigns or licensees, together with any of their respective officers, directors and employees, against any damages, losses, liabilities, judgments, costs or expenses (including reasonable attorneys’ fees and costs) arising out of a claim by or liability to you or a third party based on or related to your on-line actions or your use of the Site or the Materials. You will cooperate as fully as reasonably required in the defense of any claim. Mercy reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not settle any matter without the written consent of Mercy.

Authorized Access
Some areas of this Site can only be properly accessed by co-workers. Only authorized co-workers may enter passwords/identification data at those pages, or view any information normally and properly accessed via those pages.

Termination of Services
Mercy may cease operating the Site or terminate your access to all or part of the Site, without notice, at any time, for any reason. These actions are in addition to and not in lieu or limitation of any other right or remedy we may have available at law at law.

Copyright and Trademarks
The Site contains information, data, logos, trademarks, graphics, images and other materials (collectively, the "Materials") that are owned by and are the copyrighted works of Mercy Health. Mercy also owns a copyright in the selection and arrangement of the Materials. Except as stated herein, you may not use, copy, reproduce, modify, create derivative works from, distribute, republish download, display, post or transmit in any form or by any means, including electronic, mechanical, photocopying, recording or other means, any Materials without the prior written permission of Mercy. Any unauthorized use of any Materials contained on this Site may violate rights in copyright, trademark, privacy, or publicity or communications laws and regulations.

To the extent that the Materials are not copyrighted by Mercy, they may be copyrighted by other applicable rights holders. You may copy, print and download Materials from the Site on an occasional and irregular basis, provided that: (1) all the copyright and other proprietary notices appear on the copies, prints and downloads, when applicable; (2) their use is solely for personal, non-commercial and information purposes and will not be further copied or posted on any networked computer, broadcast in any media, or used for commercial gain; and (3) are not modified in any way. Any other use of the materials is strictly prohibited without our prior permission and/or the permission of the applicable rights holder(s).