Website Terms of Use

Supplier Terms of Use

You (as an individual and on behalf of the legal entity you are representing, collectively “you”) are provided with access to and use of our website(s) including the content, services, and software provided therein (collectively, the “Website”) subject to the following Terms of Use. If you do not agree to these Terms of Use, please cease accessing and using this Website.

If you are issued a unique and confidential password or other login information (“Credentials”) that will allow entry to this Website by your authorized employees, this Website may only be used or viewed by, and Credentials may only be disclosed to, your employees that are (1) aware of the Terms of Use, (2) bound to you by a non-disclosure obligation sufficient to meet the confidentiality requirements of these Terms of Use, and (3) are actively participating in your conduct of electronic commerce under these Terms of Use. Under no circumstances are non-employees to be given access to this Website or provided with your Credentials.

This Website and all Content is considered our confidential information.  You agree to treat the Website and its Content as confidential in accordance with the Nondisclosure Agreement or similar document you have signed with us.  These Terms of Use supplement, but do not supersede, the DSSI Electronic Commerce Supplier Agreement (“DSSI Agreement”), Approved Supplier Relationship Agreement (“Supplier Agreement”), or similar relationship agreement (“Ongoing Agreement”); the Website and all Content are considered Confidential under the DSSI Agreement, Supplier Agreement, and Ongoing Agreement.

Connect eProcurement portal

These Terms of Use, along with our Privacy Policy, constitutes the entire agreement of the parties with respect to its subject matter.

Your Information
The purpose of the Connect Portal is to help you provide your important business information to your customer(s) to help facilitate business between you and your customer. The Connect Portal is intended to process only business (not personal) information such as your company’s legal name, address, and FEIN (collectively, “Your Information”) and provide this information to your Customer. We will only share Your Information with your customers that have invited you to participate in the Connect Portal, those customers or prospective customers chosen by you, and with trusted third parties who we have engaged to help validate or process Your Information for the Connect Portal. More information regarding how we use and process Your Information is available in our Privacy Policy.

DS Smart™ Application

Direct Supply Manufacturing, Inc. is pleased to present its DS smart™ mobile application (“Application”) for the user’s (“your”) use in connection with your company’s (“Customer”) subscription to the DS smart™ platform (the “DS smart™ Platform”).

Application of Terms of Use
Access to and use of the Application is subject to your acceptance and compliance with these DS smart™ Application Terms of Use (“Terms of Use”). By downloading and/or using this Application, you agree to be bound by these Terms of Use. You acknowledge and agree that by accepting these Terms of Use, a binding agreement is concluded solely between you and Direct Supply Manufacturing, Inc. not with any third party and that Direct Supply Manufacturing, Inc., and no other third party, is solely responsible for the Application and the content thereof. We may change, modify or terminate these Terms of Use at any time. Any changes to these Terms of Use shall become effective upon notice of such changes including your acceptance of any new versions of the Application. By continuing to use the Application after such notice is sent, you are indicating your acceptance to such changes to these Terms of Use.

Agreement with Customer
Use of the Application is also subject to Customer’s agreement to and compliance with the terms of Customer’s Products & Services Agreement or other similar agreement with Direct Supply, Inc. for the DS smart™ Platform (“DS smart™ Platform Agreement”). Use of the Application requires Customer to have subscribed and paid for the DS smart™ Platform. The DS smart™ Platform and this Application are intended for business and not personal use.

Services; Service Restrictions
Subject to the terms of these Terms of Use and the DS smart™ Platform Agreement, we will allow you to (a) download and install the Application onto an authorized device which is owned or controlled by you or the Customer and authorized by Customer as suitable for purposes of use of the Application and (b) use the Application in order to access and use the DS smart™ Platform.

No Support by Any Third Party
You acknowledge that only we, and not PointClickCare or any other electronic health record system, has an obligation to furnish any maintenance and support services with respect to the Application. PointClickCare or any other electronic health record system is not responsible for providing the Application, content contained within the Application, any related support or maintenance to Customer for the Application, or any changes the Application makes to the Customer’s database.

Audit Requests
We, not PointClickCare or any other electronic health record system, are solely responsible for complying with Customer’s audit requests relating to the Application and DS smart™ Platform , including with respect to logging, reporting of statistics, and third-party security assessments.

No Warranty; Limitation of Liability
The Application may contain errors and defects or may suffer intermittent downtime and is provided “as-is,” without warranty of any kind. WE DO NOT AND CANNOT CONTROL THE FLOW OF DATA TO OR FROM THE INTERNET. SUCH FLOW DEPENDS IN LARGE PART ON THE PERFORMANCE OF INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS CAUSED BY THESE THIRD PARTIES OR ACTS OF GOD CAN PRODUCE SITUATIONS IN WHICH OUR OR CUSTOMER’S CONNECTIONS TO THE INTERNET (OR PORTIONS OF IT) MAY BE IMPAIRED OR DISRUPTED. WE DISCLAIM ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTS. FURTHERMORE, WE DISCLAIM ALL WARRANTIES WITH RESPECT TO THE APPLICATION, INCLUDING BUT NOT LIMITED TO INCLUDING ANY WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. EXCEPT AS OTHERWISE PROHIBITED BY LAW, NEITHER DIRECT SUPPLY MANUFACTURING, INC. NOR DIRECT SUPPLY, INC. SHALL BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL, PUNITIVE, OR SPECIAL DAMAGES INCLUDING WITHOUT LIMITATION LOST PROFITS OR REVENUES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON, SO THESE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT WILL DIRECT SUPPLY MANUFACTURING, INC. OR DIRECT SUPPLY, INC. BE LIABLE FOR ANY DAMAGES IN EXCESS OF $100.00, EVEN IF EITHER PARTY SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY.

We use industry standard physical, technical and administrative security measures and safeguards to protect the confidentiality and security of your personal information. However, since the Internet is not a 100% secure environment, we cannot guarantee, ensure, or warrant the security of any information you transmit to us. There is no guarantee that information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards. It is your responsibility to protect the security of your login information.

Data Accuracy
You are solely responsible for ensuring the data you enter into the EMR is accurate. You will be given the opportunity to review the data before sending it to the EMR. To calculate a resident’s weight, both the “combined weight” and “tare weight” (each a “weight reading” and collectively, “weight readings”) are required. The DS smart technology permits you to temporarily save either weight reading so that it can later be paired with the corresponding weight reading to calculate the resident’s weight. You must ensure that you are correctly pairing the weight readings for the same resident.

Confidentiality & Use of Data
We will use and protect any data gathered in connection with the DS smart™ Application and the DS smart™ Platform in connection with our Privacy Policy and the Business Associate Agreement, if any, between Customer and Direct Supply, Inc. Additionally, please note that we, or a trusted third-party under the obligation of confidentiality, may use various analytic tools and technologies to review your use of the DS smart™ Application and the DS smart™ Application Platform. We will use these tools and technologies to help better understand how the DS smart™ Application and the DS smart™ Application Platform are being used and to enhance the quality of the DS smart™ Application and the DS smart™ Application Platform. These tools may allow us to store data regarding your DS smart™ Application and the DS smart™ Application Platform session.

Termination
You may terminate these Terms of Use at any time by notifying us in writing or removing the Application from your device and ceasing further use of the Application. We may terminate these Terms of Use at any time by either providing notice to Customer of its intent to terminate the DS smart™ Platform Agreement as set forth in the DS smart™ Platform Agreement or by notifying you in writing or electronically of our intent to terminate these Terms of Use. Upon termination of these Terms of Use or the DS smart™ Platform Agreement, you will cease use of and delete the Application. Notwithstanding the foregoing, the following sections will survive termination of these Terms of Use: Application of DS smart™ Platform Agreement with Customer, No Warranty; Limitation of Liability, Confidentiality & Use of Data, Intellectual Property Rights, Questions, Claims & Notices, Indemnity, and Miscellaneous.

Intellectual Property Rights
We and/or our affiliates retain sole and complete ownership of, in and to the Application, the DS smart™ Platform System, as well as all enhancements and improvements made to them (collectively the “DS smart™ IP”). No right in or to the DS smart™ IP is provided to you or any third party.

Legal Compliance
By accepting these Terms of Use you represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

Questions, Claims & Notices
If you have any questions regarding these Terms of Use or if you have any questions, complaints or claims with respect to the Application, please contact Direct Supply Manufacturing, Inc. by email at dssmartsupport@directsupply.com or by mail at Direct Supply Manufacturing, Inc., 6635 W. Champions Way, Milwaukee, WI 53223, Attn: Legal.

Third Party Terms of Agreement
You agree to comply with applicable third party terms of agreement when using the Application. Additionally, you agree to comply with Customer’s policies and rules regarding appropriate use of the Application.

Indemnity
You agree to indemnify, defend and hold Direct Supply Manufacturing, Inc. and Direct Supply, Inc. harmless from any suits, claims or damages arising out of (1) your breach of these Terms of Use or (2) your inappropriate use of the Application and/or the DS smart™ Platform.

Miscellaneous
These Terms of Use, along with the DS smart™ Platform Agreement, constitutes the entire agreement of the parties with respect to its subject matter. These Terms of Use may not be modified or amended by you except in a writing signed by our authorized representative. If any term of these Terms of Use is held to be invalid, void, or unenforceable, the remainder shall continue in full force and effect.

Headings used herein are for convenience only. Each party is acting only as an independent contractor and no partnership, joint venture, agency or similar relationship is formed by this these Terms of Use. For purposes of clarification, these Terms of Use is made and entered into in Milwaukee, Wisconsin. These Terms of Use shall be construed pursuant to the laws of Wisconsin and the federal U.S. laws applicable therein, excluding its conflict of laws provisions, and without regard to the United Nations Convention on the International Sale of Goods. Any action relating to the Application must be brought in the state or federal courts located in Milwaukee County, Wisconsin. The English version of these Terms of Use shall govern in the event of any conflict or substantive translation changes into a non-English language. The DS smart™ Technology also integrates to an electronic medical records system (the “EHR System”) which is not owned or controlled by DSMI. We are not responsible for the terms of use or privacy practices of such other sites. We encourage you to read the terms of use and privacy statements of each and every website and device that collect personal information. BY CONNECTING A DS SMART™ TECHNOLOGY ACCOUNT TO YOUR ELECTRONIC MEDICAL RECORD ACCOUNT, YOU ACKNOWLEDGE AND AGREE THAT YOU ARE CONSENTING TO THE CONTINUOUS RELEASE OF INFORMATION ABOUT YOU AND THE PATIENTS YOU SERVE TO OTHERS (IN ACCORDANCE WITH YOUR PRIVACY SETTINGS ON THOSE THIRD PARTY SITES).  We may help you disconnect your account from third-party websites if you Contact Us.

Tell Our Stories Mobile App

Purpose
The Tell Our Stories mobile application (the “Mobile App”) is designed to promote positive, joyful stories about senior caregiving. Your access to and use of the Mobile App are subject to these Terms of Use & our Privacy Policy. If you do not agree to these Terms of Use & Privacy Policy, do not download or use the Mobile App. Please read this information carefully to understand your obligations when using this Mobile App and to understand what we do with information you may submit through the Mobile App. If you do not understand or have questions regarding these terms, please feel free to Contact Us or as described at the end of these terms.

Scope; Third Party Sites
These Terms of Use apply to information we collect at and through the Mobile App. The Mobile App allows for the posting of your content on the Facebook® platform which is not owned or controlled by Direct Supply, Inc. Please be aware that we are not responsible for the privacy practices of other websites or applications. We encourage you to read the privacy statements of each and every website and/or mobile application that you use that collects personal information.

Your Content & Restrictions
The Mobile App was created to help promote positive, joyful stories about senior caregiving by allowing for such stories to be posted on the Facebook® platform. Your use of the Mobile App must be consistent with this purpose. For instance, do not use the Mobile App for obscene, offensive, or abusive content. Do not include any logos, watermarks, calls-to-action or other promotional content or any content that infringes upon the rights of any third party. Ensure you own or secure all rights to display, distribute and deliver your content. You represent and warrant that any content you provide in connection with your use of the Mobile App is true, accurate and complete. All content should comply with applicable laws, including without limitation, the Health Care Portability & Accountability Act (“HIPAA”). We reserve the right to remove any content you may post in our sole discretion.

Third Party Apps and Sites
You are able to connect your Mobile App account to third party accounts, for example by signing in with Facebook, or by posting or sharing with such third party sites, such as Facebook, Twitter, and Instagram. BY CONNECTING YOUR MOBILE APP ACCOUNT TO YOUR THIRD PARTY ACCOUNT, YOU ACKNOWLEDGE AND AGREE THAT YOU ARE CONSENTING TO THE CONTINUOUS RELEASE OF INFORMATION ABOUT YOU TO OTHERS (IN ACCORDANCE WITH YOUR PRIVACY SETTINGS ON THOSE THIRD PARTY SITES). IF YOU DO NOT WANT INFORMATION ABOUT YOU, INCLUDING PERSONALLY IDENTIFYING INFORMATION, TO BE SHARED IN THIS MANNER, DO NOT USE THE THIS FEATURE. You may disconnect your account from a third party account at any time. We may help you disconnect your account from third-party websites if you Contact Us.

SECURITY OF YOUR INFORMATION
We use industry standard physical, technical and administrative security measures and safeguards to protect the confidentiality and security of your personal information. However, since the Internet is not a 100% secure environment, we cannot guarantee, ensure, or warrant the security of any information you transmit to us. There is no guarantee that information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards. It is your responsibility to protect the security of your login information. Please note that e-mails and other communications you send to us through the Mobile App are not encrypted, and we strongly advise you not to communicate any confidential information through these means.

QUESTIONS AND HOW CONTACT US
You may contact the Mobile App regarding these terms, or with respect to any other comments or questions at: tellourstories@directs.com

DSSI™ Mobile Application Terms of Use

Direct Supply, Inc. is pleased to present its DSSI™ Mobile application (“Application”) for your (“you”) use and the services your company (“Customer”) obtains through the Direct Supply® DSSI™ ecommerce system.

Application of Terms of Use
Access to and use of the Application is subject to your acceptance and compliance with these DSSI™ Mobile Application Terms of Use (“Terms of Use”). By downloading and/or using this Application, you agree to be bound by these Terms of Use. You acknowledge and agree that by accepting these Terms of Use, a binding agreement is concluded solely between you and Direct Supply, Inc. not with any third party and that Direct Supply, Inc., and no other third party, is solely responsible for the Application and the content thereof. Apple, the Apple logo, iPhone, iPad and iPod touch are trademarks of Apple Inc., registered in the U.S. and other countries. App Store is a service mark of Apple Inc. Google Play is a trademark of Google Inc. The Android robot is reproduced or modified from work created and shared by Google and used according to terms described in the Creative Commons 3.0 Attribution License. We may change, modify or terminate these Terms of Use at any time. Any changes to these Terms of Use shall become effective upon notice of such changes including your acceptance of any new versions of the Application. By continuing to use the Application after such notice is sent, you are indicating your acceptance to such changes to these Terms of Use.

Agreement with Customer
Use of the Application is also subject to Customer’s agreement to and compliance with the terms of Customer’s Application Service Provider Agreement or other similar agreement with Direct Supply, Inc. (“DSSI™ System Agreement”) for services related to the Direct Supply® DSSI™ ecommerce system (“DSSI™ System”). Use of the Application requires Customer to have subscribed and paid for the DSSI™ System services. The DSSI™ System and this Application are intended for business and not personal use.

Services; Service Restrictions
Subject to the terms of these Terms of Use and the DS DSSI™ System Agreement, we will allow you to (a) download and install the Application onto an authorized device which is owned or controlled by you or the Customer and authorized by Customer as suitable for purposes of use of the Application and (b) use the Application in order to access and use the DSSI™ System.

No PHI
The Application is not intended to process “Protected Health Information” as that term is defined by the Health Insurance Portability and Accountability Act or any other personal information. You agree not to include any Protected Health Information or personal information when using the Application.

No Warranty; Limitation of Liability
The Application may contain errors and defects or may suffer intermittent downtime and is provided “as-is,” without warranty of any kind. WE DO NOT AND CANNOT CONTROL THE FLOW OF DATA TO OR FROM THE INTERNET. SUCH FLOW DEPENDS IN LARGE PART ON THE PERFORMANCE OF INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS CAUSED BY THESE THIRD PARTIES OR ACTS OF GOD CAN PRODUCE SITUATIONS IN WHICH OUR OR CUSTOMER’S CONNECTIONS TO THE INTERNET (OR PORTIONS OF IT) MAY BE IMPAIRED OR DISRUPTED. WE DISCLAIM ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTS. FURTHERMORE, WE DISCLAIM ALL WARRANTIES WITH RESPECT TO THE APPLICATION, INCLUDING BUT NOT LIMITED TO INCLUDING ANY WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. EXCEPT AS OTHERWISE PROHIBITED BY LAW, NEITHER DIRECT SUPPLY MANUFACTURING, INC. NOR DIRECT SUPPLY, INC. SHALL BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL, PUNITIVE, OR SPECIAL DAMAGES INCLUDING WITHOUT LIMITATION LOST PROFITS OR REVENUES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THESE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT WILL DIRECT SUPPLY, INC. OR DIRECT SUPPLY, INC. BE LIABLE FOR ANY DAMAGES IN EXCESS OF $100.00, EVEN IF EITHER PARTY SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY.

Confidentiality & Use of Data
We will use and protect any data gathered in connection with the Application in connection with our Data & Privacy Policy. Additionally, please note that we, or a trusted third-party under the obligation of confidentiality, may use various analytic tools and technologies to review your use of the Application. We will use these tools and technologies to help better understand how the Application is being used and to enhance the quality of the Application. These tools may allow us to store data regarding your Application session.

Termination
You may terminate these Terms of Use at any time by notifying us in writing or removing the Application from your device and ceasing further use of the Application. We may terminate these Terms of Use at any time by either providing notice to Customer of its intent to terminate the DSSI™ System Agreement as set forth in the DSSI™ System Agreement or by notifying you in writing or electronically of our intent to terminate these Terms of Use. Upon termination of these Terms of Use or the DSSI™ System Agreement, you will cease use of and delete the Application. Notwithstanding the foregoing, the following sections will survive termination of this Agreement: Agreement with Customer, No Warranty; Limitation of Liability, Confidentiality & Use of Data, Intellectual Property Rights, Questions, Claims & Notices, Indemnity, and Miscellaneous.

Intellectual Property Rights
We and/or our affiliates retain sole and complete ownership of, in and to the Application, the DSSI™ System, as well as all applicable intellectual properties related thereto and enhancements and improvements made to them (collectively the “DS IP”). No right or license in or to the DS IP is provided to you or any third party. Notwithstanding the foregoing,

Legal Compliance
By accepting these Terms of Use you represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

Third Party Terms of Agreement
You agree to comply with applicable third party terms of agreement when using the Application. Additionally, you agree to comply with Customer’s policies and rules regarding appropriate use of the Application and the DSSI™ System.

Indemnity
You agree to indemnify, defend and hold Direct Supply, Inc. harmless from any suits, claims or damages arising out of (1) your breach of this Agreement or (2) your inappropriate use of the Application and/or the DSSI™ System.

Miscellaneous
These Website Terms of Use and Offering Specific Terms of Use, along with the DSSI™ System Agreement, constitutes the entire agreement of the parties with respect to their subject matter. Each party is acting only as an independent contractor and no partnership, joint venture, agency or similar relationship is formed by these Terms of Use.