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This Agreement contains the terms and conditions that apply to your purchase from the EvoraPlus.com entity named on the invoice ("EvoraPlus.com") that will be provided to you ("Customer") on orders for products sold in the United States. EvoraPlus.com is owned and operated by Oragenics, Inc. By accepting delivery of the products described on that invoice, Customer agrees to be bound by and accepts these terms and conditions. THESE TERMS AND CONDITIONS APPLY (i) UNLESS THE CUSTOMER HAS SIGNED A SEPARATE FORMAL PURCHASE AGREEMENT WITH EVORAPLUS.COM, IN WHICH CASE THE SEPARATE AGREEMENT SHALL GOVERN; OR (ii) UNLESS OTHER EVORAPLUS.COM STANDARD TERMS APPLY TO THE TRANSACTION. These terms and conditions are subject to change without prior written notice at any time, at EvoraPlus.com's sole discretion. 1. Other Documents. These terms and conditions may NOT be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement or amend this document or to enter an order for product(s) which is subject to additional or altered terms and conditions will be null and void, unless otherwise agreed to in a written agreement signed by both Customer and EvoraPlus.com 2. Governing Law. THIS AGREEMENT AND ANY SALES THEREUNDER SHALL BE GOVERNED BY THE LAWS OF THE STATE OF FLORIDA, WITHOUT REGARD TO CONFLICTS OF LAWS RULES. 3. Payment Terms; Orders; Quotes; Interest. Terms of payment are within EvoraPlus.com's sole discretion, and unless otherwise agreed to by EvoraPlus.com, payment must be received by EvoraPlus.com prior to EvoraPlus.com's acceptance of an order. Payment for the products will be made by credit card, or some other prearranged payment method unless credit terms have been agreed to by EvoraPlus.com. Invoices are due and payable within the time period noted on the invoice, measured from the date of the invoice. EvoraPlus.com may invoice parts of an order separately. Orders are not binding upon EvoraPlus.com until accepted by EvoraPlus.com Any quotations given by EvoraPlus.com will be valid for the period stated on the quotation. Customer agrees to pay interest on all past-due sums at the highest rate allowed by law. 4. Shipping Charges; Taxes. Separate charges for shipping and handling will be shown on EvoraPlus.com's invoice(s). Unless Customer provides EvoraPlus.com with a valid and correct tax exemption certificate applicable to the product ship-to location prior to EvoraPlus.com's acceptance of the order, the Customer is responsible for sales and all other taxes associated with the order, however designated, except for taxes on net income derived from EvoraPlus.com sales. If applicable, a separate charge for taxes will be shown on EvoraPlus.com's invoice. 5. Title; Risk of Loss. Title to products passes from EvoraPlus.com to Customer on shipment from EvoraPlus.com's facility. Loss or damage that occurs during shipping by a carrier selected by EvoraPlus.com is EvoraPlus.com's responsibility. Loss or damage that occurs during shipping by a carrier selected by Customer is Customer's responsibility. 6. Warranties, Disclaimers. EVORAPLUS.COM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY FOR A PARTICULAR PURPOSE. In addition to these Terms and Conditions, customer agrees to be bound by the acceptance of contract terms contained elsewhere in this site. 7. Return Policies. EvoraPlus.com products that are purchased directly from EvoraPlus.com by an end-user Customer may be returned by Customer in accordance with EvoraPlus.com's "30 DAY GUARANTEE" in effect on the date of the invoice. 8. Products. EvoraPlus.com's policy is one of on-going product update and revision. EvoraPlus.com may revise and discontinue products at any time. EvoraPlus.com reserves the right to limit order quantity at any time without notice. Prices and promotions are subject to change without notice. 9. Limitation of Liability. EVORAPLUS.COM DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN, INCLUDING ANY LIABILITY FOR PRODUCTS FOR ANY REASON. EVORAPLUS.COM WILL NOT BE LIABLE FOR LOST PROFITS, LOSS OF BUSINESS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY EXCEPT AS EXPRESSLY PROVIDED HEREIN. 10. Arbitration. Any claim, dispute or controversy (whether in contract, tort, or otherwise, whether pre-existing, present or future, and including statutory, common law, intentional tort and equitable claims) against EvoraPlus.com, its agents, employees, successors, assigns or affiliates (collectively for purposes of this paragraph, "EvoraPlus.com") arising from or relating to this Agreement, its interpretation, or the breach, termination or validity thereof, the relationships which result from this Agreement (including, to the full extent permitted by applicable law, relationships with third parties who are not signatories to this Agreement), EvoraPlus.com's advertising, any related purchase, including the validity of this arbitration clause shall be resolved exclusively and finally by binding arbitration administered by the National Arbitration Forum (NAF) under its Code of Procedure then in effect (available via the Internet at http://www.arb-forum.com , or via telephone at 1-800-474-2371). The arbitration will be conducted before a single arbitrator, and will be limited solely to the dispute or controversy between Customer and EvoraPlus.com The arbitration shall be held in Pinellas County, Florida at the office of Oragenics, Inc., by telephone, or online. Any award of the arbitrator(s) shall be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction. Information may be obtained and claims may be filed at any office of the NAF or at P.O. Box 50191, Minneapolis, MN 55405. 11. Applicable Law; Not For Resale. Customer agrees to comply with all applicable laws and regulations of the various states and of the United States. Customer agrees and represents that it is buying for its own internal use only, and not for resale. EvoraPlus.com has separate terms and conditions governing resales. 12. Headings. The section headings used herein are for convenience of reference only and do not form a part of these terms and conditions, and no construction or inference shall be derived therefrom. 13. Acceptance. By ordering any product from EvoraPlus.com, whether by clicking through over the internet, telephone, facsimile or otherwise, the customer agrees to be bound by these Terms and Conditions of Sale, as well as the "Acceptance of Contract Terms" contained elsewhere in the EvoraPlus.com site. Effective on: (12/1/2008) EvoraPlus.com is committed to your privacy. We disclose our information practices below and we agree to notify you of: - What personally identifiable information of yours or third party personally identification is collected from you through www.evoraplus.com.
- The organization collecting the information.
- How the information is used.
- With whom the information may be shared.
- What choices are available to you regarding collection, use and distribution of the information.
- The kind of security procedures that are in place to protect the loss, misuse or alteration of information under Evoraplus.com control.
- How you can correct any inaccuracies in the information.
If you have questions or concerns regarding these statements, you should contact
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by email. At EvoraPlus.com, we protect your privacy as if it were our own. We use the information you provide to us for five purposes only: to process your order(s), to reply to your questions, provide our newsletter via email, to provide our print specials via postal mail, and to incorporate your feedback into improvements to our website. We will not give, sell, or rent your personal information, including email address, or specific account activity to anyone for any reason without your prior consent except as required by law and when we believe that disclosure is necessary to protect our rights and/or to comply with a judicial proceeding, court order, or legal process served on our website. Our secure ordering. Oragenics, Inc., uses Secured Sockets Layer (SSL) technology to ensure the privacy of your personal information. When you make an online purchase, our advanced security technology encrypts and scrambles your personal data (including your name, delivery and email addresses and credit card number) before it is sent to us, making it virtually impossible for anyone other than Oragenics, Inc., to read it. To further protect your information, we utilize state of the art back-end systems and restrict employee access to your information. Unless specifically authorized by you, no outside party is able to access or receive any of your personal customer information. To make sure you are accessing our secure server before you submit personal financial information, look at the lower left or right corner of your browser, or to the right of the location bar in newer browsers. If you see an unbroken key or a closed lock (depending upon your browser), the SSL is active. To double-check for security, look at the location line or your browser. If you have accessed a secure server, the first characters of the address in that line should change from "http" to "https." Some browser versions and some firewalls do not permit communication through a secure server like the ones we use at Oragenics, Inc. If for any reason you cannot access the secure server, please feel free to place your order with us by phone at 1-877-803-2624. It is important for you to protect against unauthorized access to your password and to your computer. Be sure to sign off when finished using a shared computer. Oragenics, Inc. wants you to feel completely comfortable. If you have more questions about our security systems, or feel more comfortable ordering by phone, please call 1-877-803-2624 and we will be happy to help you. Credit card fraud protection. All major credit card companies protect cardholders against fraud, subject to a $50 deductible. Evoraplus.com will protect you for this $50 portion in the highly unlikely situation that you ever encounter an inappropriate charge involving our company. Optional phone ordering. If you are still skeptical about placing your order online, you may place your order over the phone at 1-877-803-2624 during customer service hours: Monday through Friday from 9 am-5 pm EST. Information we collect. In designing our website, we started with the simple belief that customer service is our number one priority. Therefore the customer information we collect is used to enhance our services to you, our customer. When you visit our website, we collect non-personal information about your visit. We collect your IP address, browser type, domain name, and we log the length of time of your visit and the number of times you visit and purchase from us. We assign you a unique internal identifier to help keep track of your future visits. We use this information to gather aggregate demographic information about our visitors, and we use it to personalize the information you see on our website and the emails you receive from us (should you grant us permission to send to you). We keep this information for our internal use; we do not share it with others. This information is in no way tied to your personal information, including your email address. Our website uses cookies to store information between users' visits to our site and for the duration of the visit, also known as a session. Cookies are a mechanism to remember information about a visitor when he or she navigates from one web page to another. Our website uses cookies to hold users' unique session identifiers, allowing our web server to serve correct information back to the user. Such information includes the user's shopping cart items, or whether he or she is logged in when requesting to view or modify personal information, including your email address, which may have been stored in our database in the past. Our website cookies do not hold any personal identifiable information. Disabling or rejecting cookies will prevent users from adding items to the cart and checking out; however, standard browsing on our website does not require cookies. If you place an online order, our secure order form requests contact, billing, and financial information (such as your credit card numbers for purchases). Contact information from the order form (email address, name, billing and shipping address, and phone number) is used to send orders and information about our company to you. Your contact information, including email address, is also used to get in touch with you should we have questions regarding your order or should we need to notify you of the status of your order. And yes, you can opt not to get email from us, as described in the opt-out section below. The credit card information we collect is used to bill you for products you purchase, and if you provide prior consent, this information may also be shared with a third party partner. For your convenience, your information including credit card and order history is stored on a secure server that allows you to reorder by entering your user name and password. You may also place an autoship order that will allow you to receive products on a regular basis without the need to reenter that order every time. You may cancel this order at anytime by sending an email to Customer Support or by calling 1-877-803-2624. We have several types of third-party relationships. 1. We use third-party intermediaries. When you purchase from us, we send your credit card information, name, and billing address to credit card companies for verification and to authorize your purchase. 2. We use outside shipping companies to fulfill orders. These companies do not retain, share, store or use personally identifiable information, including email address, for any other purposes. 3. We provide certain third party offers for your consideration. Should you choose to place an order with one of these partners, in some cases we will share certain information, including email address, necessary to facilitate your transaction with them. We will always ask for your consent prior to sharing your information with anyone. 4. EvoraPlus.com handles the sending of order-related and customer-service related messages internally, as well as advertising related emails. Oragenics, Inc. service providers do not retain nor use your personal information, including your email address for any other purpose except to provide the service on our behalf. We occasionally run our own online surveys and we ask visitors for contact information (such as email address) and demographic information (such as zip code, age, or income level). We use contact data from our surveys to send users information about our company. You may opt-out of the survey and also opt-out of any future mailings at the time of the survey. The demographic information is used to learn more about the types of people who visit our site. This information is not shared with any other parties currently. We reserve the right to share this information with other parties in the future in an aggregated format that would not disclose any personally identifiable information. Delete/deactivate. This site gives you the following options for removing your information, including email address, from our database, to not receive future communications, or to no longer receive our service. 1. You can send email to Customer Support. 2. You can send mail to the following postal address: Oragenics, Inc. Consumer Products Group, 3000 Bayport Drive, Suite 685 Tampa, FL 3. You can call the following telephone number: 1-877-803-2624 Change/modify. Our website provides you the opportunity to correct or update your account information, including email address. You can do this by: Login and access the Customer Account link in the top navigation bar. From there, you can change any of your account information, including your password. - Send mail to the following postal address:
Oragenics, Inc. Consumer Products Group 3000 Bayport Drive Suite 685 Tampa, FL 33607 - You can call the following telephone number: 1-877-803-2624
When you send email to our customer service department. We provide email links that allow you to contact us directly with any questions or comments you may have. We read every message sent in and try to reply promptly to everyone. The information you send us is used to respond directly to your questions and comments. We also keep your email correspondence on file so that we may better serve you should you have additional questions in the future. Your personal information is shared with third parties (such as manufacturers) only with your explicit permission. How we notify you of changes to our privacy policy. Whenever we change our privacy policy, we will post a notice on our website indicating that a new version is available. If EvoraPlus.com changes how it uses a user's personally identifiable information, including email address, the user will be notified by email and they may opt-out at that time. However, if you have opted-out of all communication with the site you will not be contacted, nor will your personally identifiable information be used in this new manner. Contacting the website. If you have any questions about this privacy statement, the practices of this site, or your dealings with this website, you can contact: Customer service Oragenics, Inc. Consumer Products Group 3000 Bayport Drive Suite 685 Tampa, FL 33607 1-877-803-2624 To email:
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