These Terms of Use describe the terms and conditions governing the Procaps DXS Rewards Program, which provides participants with rewards for purchasing selected DXS and VForce products (“Program.”) Your enrollment and participation in the Program constitutes your agreement to be bound by these Terms of Use. The Program and its benefits are provided to you at the discretion of Procaps, and Procaps may change or limit any aspect of the Program or change these Terms of Use at any time. Your eligibility for this Program is subject to Procaps’ final determination and acceptance.

ELIGIBILITY
The Program is open to all legal residents of the United States who are eighteen (18) years of age or older. Employees of Procaps, its affiliates, subsidiaries, sales representatives, retailers, dealers, field representatives and employees of field representatives, sponsored teams, advertising, promotion agencies, and their immediate families are not eligible to participate in the Program. Void where prohibited by law.

PROGRAM PERIOD
The Program starts on September 15, 2007. Products purchased prior to September 15, 2007 are not redeemable for rewards in this Program. The Program will continue until further notice by Procaps.

PARTICIPATING IN THE PROGRAM
To participate in the Program, remove the points labels from the boxes of specially marked DXS and VForce products. PLEASE NOTE THAT PRODUCTS DISTRIBUTED OR SOLD AT DXS-SPONSORED EVENTS ARE NOT REDEEMABLE FOR REWARDS. Print out the Rewards Program Form from the website at www.dxsrewards.com, where you can also view the list of eligible products and reward products. Send the following materials via certified mail, UPS, or FedeEx to the address listed below: (1) the completed Rewards Program Form, (2) the points labels; (3) original proof of purchase highlighting the store information, and (4) a check or money order for $10 (for shipping and handling) made out to Procaps Direct. Send all of these materials to: PROCAPS DIRECT – DXS Rewards Program, 14235 John Marshall Highway, Gainesville, VA 20155. Each Rewards Program Form must be submitted separately, and no more than three (3) reward products may be claimed per each Redemption Program Form.

Please allow 6-8 weeks for delivery of rewards items. No mechanically reproduced or photocopied points labels or proofs of purchase will be accepted. Procaps is not responsible for lost, late, incomplete, incorrect, damaged, misdirected, illegible, or postage due requests. Points obtained from tournament or sponsored paint packages are not eligible for redemption. All submissions will become property of Procaps and will not be returned. If your chosen reward item is unavailable or out of stock, Procaps reserves the right to substitute a product of equal or greater value based on availability. Cost of shipping and handling will not be reimbursed if the redemption materials are invalid for any reason, in Procaps’ sole discretion.

DISCLAIMER
You expressly agree that your use of the Program and the Site is at your sole risk. The Program, the Site, and all information, materials, products and services provided therewith (“Materials”) are provided on an “as is” “as available” basis. PROCAPS DOES NOT WARRANT THE ACCURACY, ADEQUACY OR COMPLETENESS OF THE MATERIALS AND EXPRESSLY DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THE MATERIALS. PROCAPS MAKES NO WARRANTY OF ANY KIND, WITH RESPECT TO THE MATERIALS, INCLUDING ANY IMPLIED, EXPRESS OR STATUTORY WARRANTY, INCLUDING, BUT NOT LIMITED TO A WARRANTY THAT THE MATERIALS WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTIES ON NON-INFRINGEMENT OF THIRD PARTY RIGHTS, TITLE, MERCHANTABILITY. PROCAPS ALSO DOES NOT WARRANT THAT THE MATERIALS WILL BE FREE FROM COMPUTER VIRUSES, OR THAT THE MATERIALS WILL BE UNINTERRUPTED, TIMELY OR ERROR FREE.

Procaps disclaims any and all express and implied warranties, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. No advice or information, whether oral or written, obtained by you from the Program shall create any warranty not expressly made herein. All internet access and usage charges are the responsibility of the participant.

If for any reason the internet portion of the Program is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which corrupt or affect the administration, fairness, integrity or proper conduct of the Program, Procaps reserves the right at its sole discretion, to terminate, modify or suspend the Program.

DISPUTES
Participants agree that: (1) any and all disputes, claims, and causes of action arising out of or in connection with the Program shall be resolved individually, without resort to any form of class action, and any judicial proceeding shall take place in a federal or state court within the Commonwealth of Virginia; (2) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Program, but in no event attorneys’ fees; and (3) under no circumstances will participants be permitted to obtain awards for, and participants hereby waives all rights to claim, punitive, incidental, and consequential damages, and any other damages, other than for actual out-of-pocket expenses, any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Terms of Use, or the rights and obligations of participant and Procaps in connection with the Program, shall be governed by, and construed in accordance with the laws of the Commonwealth of Virginia, without giving effect to any choice of law or conflict of law rules or provisions.

SUSPENSION OR TERMINATION OF THE PROGRAM OR YOUR PARTICIPATION
The Program, and/or your enrollment in, access to, or use of the Program may be terminated or suspended, in whole or in part, at any time for any reason with or without prior notice to you. Procaps may exercise its right to terminate or suspend your participation in the Program, or your access to the Program for any reason, including if you attempt to misuse the Program. Procaps shall be the sole determiner in cases of suspected abuse, fraud, or violation of its rules and any decision it makes relating to termination of participation in the Program shall be final.

TAXES
Any and all taxes are the sole responsibility of the participant.

CONTACT
If you have any questions about the Program or your redemption, please contact us at promo@procaps.com.

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