Updated: 22 July 2010

HealthDynamix (PC Mall Gov, Inc., dba HealthDynamix) understands that making purchases online involves a great deal of trust in your part. We take that trust seriously, and as a result, we seek to ensure the security of your personal information online. The purpose of this privacy policy is to help you understand what kind of personal identifiable information we may gather about you when you visit the HealthDynamix Web site located at www.healthdynamix.com; how we may use that information; whether we will disclose that information; and how you can correct or update it.

We note that this Policy sets forth our online information collection and use policies under U.S. Law. The site is intended for use by residents of the U.S. who are over the age of 18. We do not knowingly collect personally identifiable information from children (that is minor younger than thirteen years of age).

If you do not agree to the terms of this Policy you should not use the Site. We reserve the right to update or modify this Policy from time to time, and such changes to the Policy will be effective immediately, therefore please bookmark page and review it periodically to assure familiarity with the most current version of the Policy. You can tell if the Policy has been updated since you last reviewed it by checking the "Last Revised" date at the beginning of the policy.

This policy is the sole authorized statement regarding HealthDynamix's practices with respect to the online collection of personally identifiable information and the usage of such information. Any summaries of this Policy generated by third party software or otherwise shall have no legal effect, are in no way binding upon HealthDynamix, shall not be relied upon in substitute of this Policy, and neither supersede or modify this Policy.

What Personal Information We Collect

HealthDynamix collects personally identifiable information that you specifically and voluntarily provide on the Site or by email to HealthDynamix. Personally identifiable information ("PII”) is information that identifies you as specific individual, for example, your name, your company name, account number, physical or email address, and phone number plus other information that personally identifies you including your industry, the number of employees at your company, and purchase history. The Site includes both public areas, open to all visitors, and private areas that are open only to those visitors who choose to register. In addition, visitors can sign up on the Site to request email newsletters and other information from HealthDynamix. HealthDynamix collects PII from you when you:

• Make a purchase
• Create an account
• Subscribe to our newsletter
• Request a catalog via email or website
• Participate in a survey
• Register at our website

How We Use the Personal Information We Collect

We use the PII that you provide to us in order to 1) fulfill requests for products, services and/or information, 2) provide customer service, 3) offer new products and services, 4) measure and improve the effectiveness of our Site and or marketing endeavors, 5) tailor our online offerings to your preferences, 6) administer promotions or surveys, 7) achieve other business purposes as permitted under applicable law.

When you make a purchase in our Site we collect credit card information including card number, card type, cardholder name and billing address, and expiration date in order to bill you for purchases made through HealthDynamix. Please review our credit card policy for additional information. HealthDynamix may share PII with third parties for marketing and other business of HealthDynamix and our affiliates. For example, HealthDynamix may disclose Pll to consultants, professional advisors and contractors who perform services on our behalf. At times HealthDynamix may seek to validate the PII we have collected via an audit by a third party designed to determine the accuracy of and/or to update information collected. We may also combine data that we collect online with data collected offline  or with data provided with other parties.

HealthDynamix reserves the right to release Pll concerning any visitors when that visitor is believed by HealthDynamix to be in violation of any published guidelines for the use of the Site or participates (or is suspected of participating) in any legal or potentially illegal activity. HealthDynamix also reserves the right to disclose PII to comply with applicable law in response to civil subpoenas or discovery requested or when we believe in good faith that disclosure is required to protect the rights, property, safety or security of HealthDynamix, our visitors or the public or to respond to an emergency. HealthDynamix may share PII collected from our visitors and customers with our affiliated or related companies, including our parent company, affiliate, and subsidiaries of our parent company's other subsidiaries (collectively, our "affiliates"). We also may share PII with affiliated third parties such as our marketing or business partners. For purposes of this Policy, "unaffiliated third parties" are third party individuals or entities not affiliated with HealthDynamix. If you do not wish for us to share your PII to with unaffiliated third parties for direct marketing purposes please refer to the paragraph below entitled "Correcting/Updating Your Personal Information and Preferences". In the event that we sell or otherwise transfer to a third party assets related either (a) to the Site (b) to one or more of our businesses, divisions or affiliated companies, we reserve the right to also transfer any and all information (including any Pll) associated with the Site and/or any business, division or affiliated company to such third party.

Special Notification for California Residents

Individual customers who reside from California and have provided their Pll to HealthDynamix may request information about our disclosures of certain categories of Pll to third parties for direct marketing purposes. Such requests maybe directed to Mailing Management Department, 2555 W 190th St., Torrance, CA 90504. Within thirty days of receiving such a request, we will provide a list of categories of our customer Pll that have been disclosed to third parties for direct marketing purposes during the immediately preceding calendar year, along with the names and addresses of those third parties. This type of request may be made no more than once per calendar year. We reserve our right not to respond requests submitted other than to the mailing address specified to this paragraph.

Marketing Communications: Opting Out

When you provide Pll to us, including when registering to receive email newsletters, catalog subscriptions or other information, or to make a purchase, HealthDynamix provides you with the opportunity to opt- out of having your Pll used by HealthDynamix to send you advertising or promotional materials. Unless you have opted out of receiving such marketing materials HealthDynamix may use your Pll to forward you via email, a mail advertisement concerning HealthDynamix products, services, special promotions, surveys or other opportunities from HealthDynamix that we think may be of interest to you. Such advertisement may also include products and services of our partner companies in industries related to those featured on our site.
HealthDynamix has partnered with unaffiliated third parties to offer our customers and Site visitors a variety of products and services. HealthDynamix may share Pll (such as physical mailing address - but not your email address) with our third -party marketing partners in order that they provide you additional products and services that HealthDynamix believes may be of interest to you. We work exclusively with third parties who we believe to be reputable. Our third- party marketing partners may have different privacy policies and practices than HealthDynamix. We are not responsible for the privacy practices of our marketing partners or any other third parties.
Should you wish to change your preferences regarding the marketing information that you receive from HealthDynamix or it's affiliates, or would prefer that we not share your Pll with unaffiliated third parties for their direct marketing purposes, please refer to the paragraph below entitled "Correcting/Updating Your Personal Information and preferences".

Cookies

Upon visiting our Site we will assign you a unique ID in the form of a "cookie". A cookie is a piece of information that our server places in your computer's hard drive, which HealthDynamix may associate with your Pll when you log on to the site. Cookies are used to facilitate and personalize your shopping and ordering experience; track your shopping basket during your visit; diagnose problems with our server and to administer our Site. We may use the information collected through cookies for marketing purposes to inform you of special offers, to better understand your needs or answer your questions. For more information about cookies please see our Cookie FAQ's. NOTE: You can control how and whether cookies will be accepted by your web browser, and you may remove them from your computer at any time at your discretion.

How We Protect Your Personal Information

To help ensure the security of your Pll, HealthDynamix seeks to use security technology and procedures which are reviewed periodically. We use encryption technology and Secure Socket Layer ("SSL") in all areas where your personal account information is required.  The Pll you submit to us via our Site is encrypted by your computer and decrypted again in our side, discouraging others from accessing your private information during transmission. If your browser does not support SSL, or if you are unable to establish a secure connection due to company firewall, please call us at 877.233.9129 for assistance.  In addition, your personal account information and transaction history are kept behind a firewall.

Correcting/Updating Your Personal Information and Preferences

If you would like to opt- out of having your Pll shared with unaffiliated third parties for their direct marketing purposes, or to make changes to your Pll or to your preferences regarding the marketing information that you received from HealthDynamix or our affiliates, please email info@h-dmx.com. We will use reasonable efforts to comply with your request. Please note that we may need to contact you in order to be sure that we are updating the appropriate information. When requesting that Pll be updated or that your preferences be changed, please keep in mind that until the changed is implemented, you may still receive email and/or physical email from us. Furthermore, there will be residual information that will remain with HealthDynamix databases, access logs and other records which may contain such Pll. The residual information will not be used for commercial purposes; however, HealthDynamix reserves the right from time to time, to re-contact former customers or visitors to the Site. Please note that we are not responsible for retracting your Pll from third parties which whom we have shared your information pursuant to the terms and conditions of this Policy as in effect from time to time.

Other Information We Collect

Information About Your Computer and your Site Activities

When a visitor comes to our Site we collect and aggregate information about the visitor's computer including:

• IP
• operating systems and browser software
• and click stream information (such as address or "URL") of the website that the visitor came from before visiting our Site,
• which pages of the Site were visited,
• the order in which they were visited and which hyperlinks were clicked

We collect this information for purposes of assessing our Site traffic and the effectiveness of our Site content, as well as to help diagnose problems with our servers. This data allows us to improve the quality of your visit by streamlining your ability to navigate the Site and to develop featured programs and content that will be of interest to our customers and Site visitors.

Aggregated Information

HealthDynamix may collect and aggregate demographic information about our Site visitors. For example we may seek to aggregate information regarding the gender make-up, average age and range of income levels of Site visitors in order to better service our user community. We may use such information in its aggregated form without restriction.

Information About Corporate and Other Organizational Customers

We may collect information pertaining solely to corporations, government or educational entities, or other business or not profit entities, such as, for example, a company's address. We may use any such corporate information without restriction. In an effort to better support our customers by delivering more relevant marketing communications, HealthDynamix will, on occasion, purchase third party information about businesses and other entities that are our customers. The company information we purchase may include number of employees or annual sales information to better serve you.

Advertisers

HealthDynamix may use outside advertising companies ("Advertisers") to serve advertisements on the Site. Please be advised that such Advertisers may use cookies or other technologies to enable such Advertisers to record which ads your browser has seen, and which Site pages you may have been viewing when the ads were delivered.

Sweepstakes and Promotions

We may, from time to time, offer sweepstakes, contests, or other similar promotions on the Site. Additional Pll may be required in order to participate in such promotions, so that we may, for example, verify entrants’ eligibility and identify and notify winners. Participation in such promotions is completely voluntary. If and when we sponsor such promotions, we will post relevant privacy information in the respective "official rules" and/or registration areas for such promotions. The privacy information, to the extent it conflicts with this policy, will govern that particular sweepstakes, contest or promotion--please remember to read it carefully.
Our companies may offer sweepstakes, contests or similar promotions through our Site, including through the Rebate and Coupon Page. HealthDynamix is not responsible for any such promotions offered by third parties. Please read all related terms and conditions carefully, or contact the applicable third party for more information. The collection and use of Pll in connection with such promotions is governed by such third party's privacy policy and not by the policies of HealthDynamix.

Co Branded Sites: Links to Other Sites

The Site offers certain features that are provided and/or hosted by third parties, but they may be presented on pages displaying HealthDynamix's branding. For example, HealthDynamix branded pages featuring investor relations information about HealthDynamix may be created and operated by a third party data provider specializing in such information. The Site may also contain links to other Web sites, or affiliated sites (e.g. events, sponsors, or companies offering rebates or other promotions through our Rebates and Coupon Page). We are not responsible for the privacy practices or the content of any such Web sites including such site's use of any information (such as IP number, browser type or operating system) collected when visitors to the site click through links to those sites. Even though such information may not identify you personally, we strongly encourage you to become familiar with the privacy practices of any third party sites.

Online vs. Offline Practices

Please note that this Policy applies solely to our online information-gathering and dissemination practices in connection with the Site and does not apply to any of our practices conducted offline other than expressly set forth in this Policy.

Contacting HealthDynamix

Should you have any questions, please email us at info@h-dmx.com for details of our Privacy Policy.

General Terms & Disclaimers

The HealthDynamix mail-order catalogs and www.healthdynamix.com Web site were created by HealthDynamix for the exclusive use of our customers, and are intended for research and buying purposes only. No HealthDynamix or HealthDynamix print or online publication may be duplicated, redistributed or modified in whole or part without prior written authorization from HealthDynamix. For the purposes of these terms and conditions, "HealthDynamix" shall be taken to include HealthDynamix and www.healthdynamix.com. All HealthDynamix policies, terms and conditions are subject to change without notice. If the General Terms and Conditions provided on our Web site do not answer your specific questions, or if you need more detailed information, please contact your Account Executive.

Right of Offset

At any time that an amount is due HealthDynamix, HealthDynamix shall have the right, without prior notice, to set off and apply any amounts otherwise owed by HealthDynamix to purchaser, to any amounts owed to HealthDynamix by purchaser, in all cases.

Prices & Availability

Because of the fast-moving nature of the industry, prices and availability are subject to change without notice. HealthDynamix is unable to issue price adjustments due to manufacturer price changes after date of original sale. We do our best to provide the most accurate, up-to-date information, but errors do occur and we reserve the right to make changes without notice. Your HealthDynamix Account Executive will inform you when a product is not in stock, and can tell you when we expect the product will be available. Anticipated delivery dates are based upon vendor-supplied information and are subject to change.

Warranty Disclaimer and Limitations on Liability

HealthDynamix PASSES THROUGH TO ITS CUSTOMERS ALL MANUFACTURERS WARRANTEES AND GUARANTEES THAT ARE PROVIDED FOR THE PRODUCTS IT SELLS. HealthDynamix MAKES NO ADDITIONAL OR INDEPENDENT WARRANTIES.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, HealthDynamix DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. HealthDynamix SHALL UNDER NO CIRCUMSTANCES BE LIABLE FOR SPECIAL, INCIDENTAL, CONSEQUENTAL (INCLUDING LOST PROFITS OR OPPORTUNITIES), OR PUNITIVE DAMAGES, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE MAXIMUM LIABILITY OF HealthDynamix FOR ALL DAMAGES SHALL BE LIMITED TO AN AMOUNT NOT TO EXCEED THE PURCHASE PRICE OF THE PRODUCT. LIKEWISE, HealthDynamix WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ITS CATALOG OR WEB SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. ALL MERCHANDISE IS SOLD "AS IS". PLEASE CHECK MANUFACTURER PACKAGING AND MATERIALS FOR COMPATIBILITY. HealthDynamix MAKES NO WARRANTY AS TO THE PERFORMANCE OF ANY MERCHANDISE SOLD. WE ARE NOT RESPONSIBLE FOR SYSTEM DOWNTIME, LOST DATA, ETC.

THIS DISCLAIMER BY HealthDynamix IN NO WAY AFFECTS THE TERMS OF ANY APPLICABLE MANUFACTURERS WARRANTIES OR GUARANTEES. HealthDynamix WILL PROVIDE COPIES OF SUCH WARRANTIES AND GUARANTEES UPON REQUEST BY CALLING (800) 555-6255. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS AND REMEDIES THAT VARY FROM STATE TO STATE.

Disputes

Any claims against HealthDynamix relating in any way to your purchases from HealthDynamix shall be submitted to confidential arbitration in Los Angeles, California. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise. In any such arbitration, the parties shall be responsible for their own costs, expenses, and attorney’s fees. In the event that this arbitration provision is unenforceable, any litigation regarding this agreement or any transaction between the customer and HealthDynamix shall be brought in the state or federal courts located in Los Angeles County, California, and the customer hereby agrees and submits to such jurisdiction and venue as exclusive and proper.

Governing Law

Transactions between you and HealthDynamix, and any disputes arising between you and HealthDynamix related to any interaction between you and HealthDynamix, including but not limited to claims relating to the content of its catalogs and website, shall be governed by and construed in accordance with the laws of the State of California without regard to the laws regarding conflicts of law. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
This agreement, the policies printed in the HealthDynamix catalogs and on the www.healthdynamix.com web site, and the policies, terms and conditions stated on the applicable HealthDynamix invoice or packing slip, constitute the entire agreement between the parties relating to the subject matter herein, and cannot be modified except in a written agreement signed by both parties.

Jurisdiction

Unless otherwise specified, this Web site is presented solely for the purpose of promoting products available in the United States, its territories, possessions, and protectorates. This site is controlled and operated by HealthDynamix from its offices within the State of California, United States of America. Those who choose to access this site from other locations do so on their own initiative, and are responsible for compliance with laws governing export of software and other applicable laws, including local laws, if and to the extent local laws are applicable.

Title Risk of Loss

Title to items being purchased passes from HealthDynamix to purchaser at the time of shipping. Customer takes on full liability for safety and validity of delivery address given to us at the time of purchase. HealthDynamix will not incur any forwarding costs on shipments. HealthDynamix shall not be responsible for damages or delays resulting from Acts of God, war, riot, seizure, terrorist activities, embargo, or other acts or events nothing within the reasonable control of HealthDynamix.

Logos, Trademarks, Service Marks

HealthDynamix, www.healthdynamix.com and their respective logos are registered trademarks of HealthDynamix and all other distinctive site logos, marks and graphic elements on the www.healthdynamix.com Web site are trademarks of HealthDynamix and are subject to applicable trademark protections. All other company, product, and service logos, marks and names in HealthDynamix print and online advertising are or may be trademarks or service marks of the companies and organizations mentioned. All trademarks and registered trademarks are used to benefit, without intent to infringe on, the holder of the mark.

Purchases for Export or Schools

If you purchase items for the purpose of export, you must obtain from the federal government certain export documentation, and that responsibility is solely yours. The terms of our agreements with some vendors represented in our online and print advertisements forbid us from exporting their products. Some products are not available for sale to schools. For specific issues contact our educational sales department at 800.625.5468.

Third Party Service Contracts

HealthDynamix is a reseller of various service contracts issued by and performed by third party service providers. We are not the providers of the services described in those contracts, and the third party service provider is the only party responsible for performing, or arranging for performance, of those services. You agree that the third party service provider is solely responsible for fulfillment of the service obligations, and you agree that you will look only to the third party service provider for any loss, claims or damages arising from or relating to the purchase and performance of those services. You also agree to release HealthDynamix from any and all claims arising from or relating to the purchase and performance of the services to be provided by the third party service providers. Taxes will be charged to applicable states.

Software Installations

The customer gives HealthDynamix permission to accept all software licenses on their behalf for any custom software installation.