OptiPar is an environmentally responsible reseller of unused, in-date Prescription Medical Devices (“PMDs”) used in surgical facilities, hospitals, and doctor’s offices. OptiPar uses software technology to allow a variety of healthcare supply chain facilities to sell it’s exisiting inventory in a safe and secure online marketplace. OptiPar, a reseller of PMDs in the secondary market, is not regulated by the Food and Drug Administration (“FDA”). OptiPar’s mission statement is as follow: To optimize and recapture healthcare revenue through efficient and secure healthcare supply chain. OptiPar institutes a compliance program designed to provide a commercially reasonable process to eliminate, or substantially reduce, the possibility that OptiPar could inadvertently list products from a seller that could not demonstrate its legitimate ownership. This program was undertaken because the FDA has made a regulatory decision to limit the regulatory tracking, registration and listing requirements for distributors of prescription medical devices. The compliance program offered by OptiPar includes specific seller protocols to validate the nature of those sellers from which OptiPar offers in their marketplace; these protocols include the following elements:(a) Restrictions on eligible vendors; (b) Required paperwork for all transactions including purchase order, invoice and bill of sale; (c) Restrictions as to payment method; (d) Quality Systems Procedures to ensure the accuracy and integrity of the product. OptiPar operates as a compliant commercial enterprise and has established quality control systems.
OptiPar currently enforces the following “Sales Protocols” to ensure the safety and efficacy of secondary market (“PMDs”) within the market: 1. The customer must be a person or entity with authority to own the merchandise pursuant to Title 21, United States Code. a. The customer may be a provider of medical services (ex. hospital, clinic, surgical center). b. OptiPar does not sell any merchandise to a manufacturer’s representative/agent. 2. All sellers must be able to prove they have good and marketable title to the merchandise being sold. a. Proof of the purchase of the merchandise along with a copy of the invoice and evidence of payment for the merchandise. i. The proof of purchase must show that the merchandise was purchased from a person or entity with authority to own the merchandise pursuant to Title 21 of the United States Code. ii. Merchandise was paid for in a routine business way, typically a company check. The payee of the check must match the name of the party who sold the goods to the vendor. iii. An inventory/property control sheet of the vendor printed on the stationery of the vendor from whom you purchased the merchandise and bearing all marks typical of such documents – such as inventory control numbers, storage locations, purchase dates, manufacturer name, expiration dates. The document must be provided to OptiPar by the employee/agent of the vendor. iv. If the merchandise is capital equipment it should bear the manufacturer’s original serial number in all places where the serial number is engraved, embossed or attached to the device.
All transactions made by OptiPar require the following documentation: a. A purchase order addressed to OptiPar for the merchandise. The purchase order must show the customer’s name and full business address. b. All OptiPar sales are concluded with an invoice on OptiPar company stationery. c. OptiPar invoices clearly show OptiPar’s federal tax identification number. d. All OptiPar’s invoices must be paid by company check or cashiers check made payable to OptiPar. Wire transfers and major credit cards are also accepted.
OptiPar uses a world class Inventory Management system to track Expiration, Product Number, Vendor, Pricing, Available Stock, and LOT number. This real time fulfillment system guarantees accurate order completion. OptiPar data is kept offsite in a world class state of the art data center that provides enterprise-class scale and reliability. OptiPar data is protected by encrypted communications and backups, firewalls and multilayer access controls. In addition, OptiPar data is automatically scanned using enterprise-class anti-virus technology. The OptiPar server backs-up data each night and retains it for 90 days.
To ensure highest quality practices, OptiPar has implemented a realtime expired notification system. The OptiPar system directs which products are close to its expiration date and are flagged before expiration in order to maintain a proper stock availability rotation and a high level of product control.
OptiPar utilizes FedEx and UPS Automation systems which is synced with the OptiPar secure database system in order to provide a high level of quality control and a quick turnaround time. The shipping options can be selected during checkout/order fulfillment. Customers who prefer to be billed directly will be asked to provide a FedEx account number (the customer is responsible for all fees/charges associated with this option).
OptiPar’s fully integrated system allows us to ship all orders received by 2:00PM Eastern Standard Time the same day with some exceptions. OptiPar does not assume responsibility for delays in shipping due to orders received after 2:00PM Eastern Standard Time. All orders received forwarded to the seller with specific packaging instructions. OptiPar utilizes a Pack/Verify ERP process that ensures all orders are picked correctly. Tracking numbers are automatically sent to the customer for order tracking and/or record keeping.
In the event of a recall, the product is identified, flagged in the database, and removed from an Active Status. When recalls are identified, OptiPar immediately contacts appropriate parties. Recall alerts are often received from our customers who in turn voluntarily pass on the information and are also monitored by our internal Inventory Operations Department via the FDA MAUDE (Manufacturer and User Facility Device Experience) Database: http://www.accessdata.fda.gov/scripts/cdrh/cfdocs/cfmaude/search.cfm OptiPar’s advanced inventory tracking system triggers a warning message if an item scanned is on our recall database table in the Enterprise Resource Planning (ERP) system. This system helps us manage and control our recalls more efficiently. Item(s) purchased that are subject to a voluntary or involuntary recall from a manufacturer or FDA will be replaced with an identical product not under the recall at no charge. If supply is not available, OptiPar will issue a refund.
Product Returns/Return Goods Authorization In the event of an order error our customers are able to return the items following the table below.
All products sold by OptiPar are in-date unless specified. Product images are for display only. Pharmaceuticals not sold to individuals. All Trademarks & Logos belong to their respective owners. OptiPar does not represent or claim any relationship to the respective companies or their equipment or products, names are used for reference only. OptiPar does not provide advice, training, or clinical support.
1. Content
OPTIPAR, INC. (“OptiPar”) hereby provides access to the information, materials and services of this site (hereinafter collectively referred to as “Content”) subject to the terms and conditions herein. You are permitted to access and use this site subject to your agreement to and compliance with the terms of this Legal Notice and the other applicable terms pertaining to this site, including, the Privacy Notice for this site. Your access and use of this site is not subject to any general subscription fees for access and use, provided however, that fees and other charges and expenses may be applicable for certain offerings as specified in the site.
2. Proprietary Rights
2.1 The Content of this site, including, but not limited to, the text, graphics, logos and images, is the exclusive property of and proprietary to OptiPar and applicable third parties who have granted OptiPar the right and/or license to such and is protected by United States and international laws.
2.2 OPTIPAR.COM and all other applicable marks/logos, registered or otherwise, are trademarks and/or service marks of OptiPar, except as to those trademarks/service marks associated with third parties.
2.3 OptiPar.com, OptiPar.net, and OptiPar.org are registered internet domains of OptiPar.
2.4 All names, products and services (other than those of OptiPar) mentioned in the site are trademarks/service marks/domains (registered or otherwise) of applicable third parties.
2.5 Except as expressly permitted under United States and international copyright, trademark and other intellectual property law or by the express terms of this site, you are not permitted to copy, transmit, publish, reproduce, redistribute, modify, sell, create derivative works or publicly display, perform, distribute or otherwise use or disclose the Content of this site in any way for any public or commercial purposes, without prior written authorization of OptiPar or other applicable intellectual property right owners.
2.6 In the event you believe that any Content or activities on this site infringe your intellectual property rights, please immediately notify OptiPar in writing of such, with proper identification and supporting materials in accordance with the procedures set forth in the OptiPar Policy Regarding Intellectual Property Rights Infringement and Designation of an IP Agent.
3. Conditions Of Access/Use
3.1 As a condition of your access and use of this site, you agree that you will not access and use this site for any unlawful purpose.
3.2 You agree to abide by all applicable federal, state, local and international laws, regulations and rules and you agree that you are solely responsible for all acts or omissions associated with your access and use of this site.
3.3 You agree to comply with all applicable laws regarding import or export to/from the United States and/or the country in which you reside.
3.4 You agree to abide by all the proprietary notices contained in this site.
3.5 You warrant and represent to OptiPar that you are 18 years of age or older.
4. Extracting Content (Including Data)
You are not permitted to extract any Content, including, data from this site for posting on another website or publication without OptiPar’s prior written consent and subject to any terms and conditions that OptiPar may prescribe.
5. Dealings Through This Site
5.1 Third party websites linked through this site and advertisers on this site are not associated/affiliated with OptiPar and are not within OptiPar’s control. Third party websites linking to this site and advertisers on such third party websites are not associated/affiliated with OptiPar and are not within OptiPar’s control. OptiPar assumes no obligation or liability whatsoever for the acts or omissions of any advertisers or third party websites. The terms and conditions of access and use of third party websites and terms and conditions of access and use of advertisers apply independent of this Legal Notice and the terms pertaining to this site.
5.2 Any dealings with parties other than OptiPar are exclusively between you and such parties. OptiPar shall not be responsible or liable for any part of any such dealings, including, without limitation, terms and conditions, warranties or representations associated therewith.
5.3 OptiPar is not and shall not be a party to any disputes between users of this site, registered or otherwise. You agree to resolve all such disputes without involving OptiPar.
6. Software, Downloads, Information or Data
6.1 Any software used to operate this site is subject to applicable license terms.
6.2 Any software, information or data that is downloaded from this site is subject to applicable license terms.
6.3 Some downloads from this site may be subject to government control or other restrictions.
6.4 Any information or data pertaining to your registration on this site needs to be corrected or updated by you following the procedures for such on the site and in the event of any problems pertaining thereto, please immediately notify OptiPar in writing at 5966 South Dixie Highway, Suite 300, Miami, FL 33143.
7. Service/Product Availability
This site may contain references to products and services that are not announced and/or available to you. You should consult a OptiPar business representative for information regarding the products or services that may be available to you.
8. Agency
If you are accessing or using the site on behalf of another person or entity, you nonetheless agree to assume personal liability for wrongful use or access of this site. You may only access and use this site under your true identity and the true identity of the other person or entity.
9. Communications
9.1 You are permitted to communicate through or to/from this site (hereinafter referred to as “Communications”), provided such Communications shall not be untrue, unlawful, harmful, threatening, abusive, malicious, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of others’ privacy, hateful, or racially, ethically or otherwise objectionable.
9.2 You shall assume full responsibility for Communications sent to/from or through this site, and shall hold OptiPar, its parents, subsidiaries, affiliates, officers, directors, shareholders and employees harmless from any liabilities incurred as a result of or in connection with your Communications. OptiPar shall have no obligation or liability whatsoever as to any such Communications, including, but not limited to, any Communications posted on any forums of this site.
9.3 OptiPar is not a party to any user-to-user Communications or forum postings and shall have no obligation or liability with respect thereto. By access to or use of this site, you understand that you may be exposed to Content posted by another user that is defamatory, libelous, offensive, indecent, inaccurate, misleading, harmful, threatening or otherwise objectionable to you, and you agree that you shall not look to OptiPar for intervention in or resolution of any dispute relating to such.
9.4 Unless otherwise agreed upon in writing, any Communications transmitted to/from or posted on or through this site by you shall be considered non-confidential and non-proprietary. By sending such Communications, you grant OptiPar an unrestricted, irrevocable, worldwide and royalty free license to use, reproduce, display, perform, modify, transmit and distribute such, and you agree that OptiPar is free to copy, distribute, incorporate and otherwise use any data, information, images, sounds, texts, ideas, concepts, know-how, or techniques that you send to or receive from this site for any commercial or non-commercial purpose without limitation.
9.5 OptiPar may, but shall have no obligation to, monitor, limit, restrict, retain, store or forward the content of any Communications in OptiPar’s sole discretion.
9.6 OptiPar reserves the right at all times to review, retain, store and/or disclose any Communications (including, data and information) as necessary to satisfy any applicable law, regulation, rules, legal process or governmental request. However, by doing so, OptiPar does not, either expressly or impliedly, endorse, affirm or in any manner assume any responsibility for such.
10. Data/Databases/Compilations
The structure, sequence, organization and assembling of data, databases, compilations, and any derivatives generated therefrom are protected Content. You are not permitted to extract such protected Content from this site except as expressly authorized by OptiPar.
11. System Performance
The availability of this site and the response time or other performance of this site are not guaranteed at any level or for any period of time. OptiPar reserves the right in its sole discretion to temporarily or permanently filter or block any traffic, including electronic messages, sent to/from or through this site. OptiPar is not responsible for any acts or omissions of any internet service provider, network or carrier.
12. Privacy Policy
The privacy policy of OptiPar as stated in our Privacy Notice for this site applies. Your agreement with this Legal Notice indicates your agreement with the Privacy Notice for this site. You are hereby notified that OptiPar does not guarantee nor does it grant any assurances that the site and its Content will not be accessed by unauthorized persons, however, OptiPar does undertake all commercially practicable steps in accordance with generally accepted computer industry standards to prevent or minimize unauthorized access. Where OptiPar has requested your consent or agreement in this site, by way of a check the box, click through or other feature, you warrant and represent that you have carefully read the applicable terms and are voluntarily and irrevocably consenting and/or agreeing to the applicable terms, intending to be legally bound. Registered users should refer to Section B 13.5 of this Legal Notice and the Privacy Notice in the event of a change of registration status or a change of how this site should collect, process and use Personal Information. Non-registered user should refer to the Privacy Notice in the event of a change of how this site should collect, process and use Personal Information.
13. Registration & Code of Ethics
13.1 Registration for access to and use of this site is free unless otherwise indicated. You may not use any false/misleading identity or false/misleading affiliation in registering on this site. Your registration on this site must contain truthful and accurate information.
13.2 The General Code of Ethics of this site applies. Your agreement with this Legal Notice indicates your agreement with the Code of Ethics for this site.
13.3 All registered users are subject to being banned if they repeatedly violate policies and terms on this site.
13.4 OptiPar reserves the right to revoke registered user status for this site of any person or entity in its sole discretion, including, in instances where a registered user is violating the terms of this site.
13.5 You may request that OptiPar cancel your registered user status for this site by contacting us in which case you may no longer be able to avail yourself of the offering of this site available to registered users.
13.6 You may unsubscribe from certain features of this site in accordance with the applicable unsubscribe function provided for in this site
14. Notices
Any notices from OptiPar to you shall be deemed given if sent by email or posted on this site, and effective as of the date of the email or the posting. Any notices to OptiPar from you shall be given in writing at 5966 South Dixie Highway, Suite 300 Miami, FL 33143.
17. General Disclaimer & Disclaimer Of Warranty
17.1 This site and the Content provided on this site may be subject to inaccuracies or interruptions, errors, prior modifications, subsequent changes, withdrawal or discontinuance at any time without notice or reason. The accuracy, completeness, security and proper functioning of this site and its Content are not guaranteed.
17.2 OptiPar does not warrant that this site or any linked websites are free of items such as viruses, worms, trojan horses or other items of a destructive nature. It is your responsibility to take precautions related thereto.
17.3 YOU ARE EXCLUSIVELY RESPONSIBLE TO PROTECT AND BACK-UP ANY OF YOUR DATA AND OPTIPAR IS NOT RESPONSIBLE FOR SUCH, INCLUDING, ANY OF YOUR DATA THAT MAY OR MAY NOT BE LOST OR DESTROYED WHATSOEVER THE CAUSE.
17.4 THE CONTENT PROVIDED ON THIS SITE IS PROVIDED “AS IS”. NO WARRANTIES OR REPRESENTATIONS OF ANY NATURE ARE EXTENDED BY OPTIPAR, NOR CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE OR TRADE USAGE, INCLUDING, WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY, WARRANTY OF MERCHANTABILITY, WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
17.5 ANY PRODUCTS OR SERVICES THAT MAY BE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED “AS IS” “WHERE IS”. NO WARRANTIES (EXPRESS OR IMPLIED), INCLUDING, WARRANTY OF MERCHANTABILITY, WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR REPRESENTATIONS OF ANY NATURE ARE EXTENDED BY OPTIPAR. YOU SHOULD CONSULT THE BUSINESS REPRESENTATIVES OF ANY OFFERING PARTY FOR ANY INFORMATION REGARDING ANY WARRANTY THAT MAY BE AVAILABLE TO YOU FOR THE PRODUCTS OR SERVICES, DIRECTLY FROM THE MERCHANT. NO OFFER OR SOLICITATION IS MADE BY OPTIPAR HEREIN AND NONE MAY BE INFERRED.
18. Limitation Of Liabilities
IN NO EVENT SHALL OPTIPAR, ITS AFFILIATES OR THEIR COUNTERPARTIES BE LIABLE TO YOU FOR ANY DIRECT (EXCEEDING US$1,000.00), INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, TANGIBLE OR INTANGIBLE DAMAGES THAT YOU MAY INCUR IN CONNECTION WITH YOUR ACCESS TO OR USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOST REVENUE, LOST PROFITS, BUSINESS INTERRUPTION, LOST INFORMATION OR DATA, COMPUTER INTERRUPTION, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES ARISING FROM OR RELATED TO THE USE OF OR INABILITY TO USE THIS SITE, LOSS AND DAMAGES RESULTING FROM INTERCEPTION OF THIS SITE BY THIRD PARTIES OR FROM REACHING OR LEAVING THIS SITE VIA A LINKED SITE, OR THOSE RESULTING FROM ANY CLAIM BY ANY OTHER PARTY; EVEN IF OPTIPAR KNEW OR HAD REASON TO KNOW OF THE POSSIBILITY OF SUCH DAMAGES.
19. Non-Exclusive Revocable License
Access to and use of this site and its Content is subject to a limited, non-exclusive, non-transferable, personal and revocable license from OptiPar which is subject to suspension, cancellation, termination or modification at any time pursuant to the policies of OptiPar then in effect.
20. Indemnification
By accessing or using this site, you agree to indemnify and hold harmless OptiPar from any losses or damages, including, without limitation, direct, indirect, punitive, tangible or intangible, incidental, special or consequential damages, as well as expenses including, but not limited to, attorneys’ fees, arising or resulting from or in any way connected with or related to your access or use of this site, including, any third party claims arising from such.
21. No Assignment/Transfer
Your rights and obligations hereunder are not assignable or transferable. Any attempted or actual assignment or transfer thereof by you shall be null and void unless expressly consented to in a signed writing by OptiPar.
22. Governing Law
22.1 Use of and access to this site shall be governed by the laws of the State of Floirda, U.S.A., without regard to its conflict of laws principles.
22.2 For purposes hereof, the United Nations Convention on Contracts for the International Sale of Goods (CISG) does not apply hereto.
22.3 For purposes hereof, the Uniform Computer Information Transactions Act or any such similar statute as adopted by any jurisdiction does not apply hereto.
23. Arbitration
Any controversy or claim between you and OptiPar shall be resolved exclusively by final and binding arbitration under the rules of the American Arbitration Association then in effect in its offices in Miami-Dade County, State of Florida, U.S.A. The language of the arbitration shall be English. Judgment upon the arbitration award may be entered in any court having jurisdiction. YOU EXPRESSLY WAIVE AS TO ANY SUCH CLAIMS: (I) YOUR RIGHT TO PROCEED IN ANY COURT HAVING JURISDICTION, (II) YOUR RIGHT TO JURY TRIAL, (III) YOUR RIGHT TO HAVE ANY STATUTORY CLAIM HEARD IN COURT, AND/OR (IV) YOUR PARTICIPATION IN ANY CLASS ACTION. YOU AGREE THAT THE FOREGOING WAIVERS ARE MATERIAL AND ESSENTIAL AND ARE NON-SEVERABLE FROM THIS ARBITRATION PROVISION. IF ANY WAIVER IS FOUND VOID OR UNENFORCEABLE AS TO ANY CLAIM, THEN THE ARBITRATION PROVISION SHALL BE NULL AND VOID ONLY IN RESPECT TO SUCH CLAIM AND THE ARBITRATION PROVISION SHALL REMAIN VALID WITH RESPECT TO ALL OTHER CLAIMS.
24. Jurisdiction
Without diminishing the effectiveness of the arbitration clause above, you consent to the jurisdiction of the Federal and/or State courts having jurisdiction in the Miami-Dade County, State of Florida, U.S.A., and you waive any claim of lack of jurisdiction, improper venue or inconvenient forum.
25. Superseding Construction & Severability
25.1 Each provision included herein shall be independently enforceable in accordance with its terms.
25.2 Should any provision(s) included herein be determined to be invalid, illegal or unenforceable pursuant to applicable law, a valid, legal and enforceable construction that is closest to the original commercial intent thereof shall be given to and supersede such original provision(s), and the balance hereof shall remain in effect.
26. Survival Of Rights & Remedies
26.1 The rights and remedies of OptiPar hereunder shall be cumulative and may be exercised concurrently or consecutively at OptiPar’s option and are in addition to the rights and remedies available to OptiPar at law and in equity, and shall survive the end of your access to and use of this site.
26.2 All rights and remedies not expressly provided herein are hereby reserved by OptiPar.
27. Revision & Amendment
27.1 No modification or amendment of any provision of this Legal Notice shall be valid unless made in writing (including, by electronic means) by OptiPar.
27.2 OptiPar reserves the right to revise or amend this Legal Notice at any time and for any reason, and any such revision or amendment shall apply as of the designated date.
28. Execution, Storage and Transmittal by Electronic Means
28.1 This Legal Notice, all notices/terms/conditions incorporated herein by reference, and any other document on www.OptiPar.com (“Documents”) are created, exist and are stored in electronic form, including but not limited to your agreement with OptiPar consummated on www.OptiPar.com, whether referring to or incorporating this Legal Notice. By accessing or using the site, you hereby confirm that you have read and understand all applicable terms and that you voluntarily have agreed to such terms electronically.
28.2 Documents shall be transmitted electronically and executed in electronic form unless otherwise designated by OptiPar.
28.3 For all purposes, electronic signatures shall be deemed original signatures, even where an electronic signature may merely be a computer generated signature, check the box or a click through “I agree” feature or other forms of confirmation.
28.4 Documents once created and executed in electronic form or otherwise shall be valid, binding upon the parties and enforceable in accordance with its terms.
28.5 You further agree that Documents shall be archived in electronic form, and that neither party is required to retain the paper form of a Document after execution, even if it is initially executed in paper form.
28.6 Electronic means does not include any transmittal by facsimile unless otherwise designated by OptiPar.
28.7 By accessing or using this site, you agree not to contest the applicability or validity of the terms of this Legal Notice or Document.
29. Independent Investigation
YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND CONDITIONS CAREFULLY AND UNDERSTAND AND VOLUNTARILY AGREE TO ALL OF THEM IN THEIR ENTIRETY. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF USING THIS SITE, AND ARE NOT RELYING UPON ANY WARRANTY, REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS EXPRESSLY SET FORTH HEREIN.
30. Entire Agreement
By accessing and using this site, you agree that the terms and conditions contained in the Legal Notice (including those incorporated herein by reference) represent the entire understanding between OptiPar and you with respect to your access and use of this site, and supersede any prior or contemporaneous, conflicting or additional understanding or communications between you and OptiPar.
Last Updated June, 2020
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