Thank you for visiting the AssistMed, Inc. Website (the Site). By accessing the Site, you accept these terms and conditions without limitation. TERMS AND CONDITIONS OF USE This website is provided by AssistMed, Inc. ("ASSISTMED") for your personal, non-commercial use. By visiting, browsing, linking to, or otherwise using this website in any way, you are agreeing to be bound by all of the terms and conditions set forth herein and to comply with all applicable laws and regulations. These terms and conditions apply to your use of all of the sites and services operated by ASSISTMED and any other site ASSISTMED may operate in the future. If you do not agree with these terms and conditions, you should not use these sites. ASSISTMED has the right to revise these terms and conditions at any time, without prior notice, and your use of this website after any modifications to these terms and conditions shall indicate your acceptance of any such changes. Your obligations under these terms and conditions shall continue for as long as you access, use, or obtain information from this website. You may terminate your obligations hereunder at any time by discontinuing your use of this website and by destroying all information obtained from it.
DISCLAIMER OF WARRANTIES
All content on this website is provided "As Is" and without warranties or representations of any kind, either expressed or implied to the fullest extent permissible under applicable law, ASSISTMED disclaims all warranties and representations, expressed or implied, relating to such content, including but not limited to any warranties and representations of non-infringement of third party intellectual property rights, title, merchantability, and fitness for a particular purpose. although ASSISTMED wishes the content of this website to be accurate, complete, and current, ASSISTMED does not warrant or represent that any content at this website (including any software) is error-free, complete, or current, that use of such content will be uninterrupted, that defects will be corrected, or that this website, its content, and the servers on which this website and content are available, are free of viruses or other harmful components. Applicable law may not allow the exclusion of certain warranties, so these exclusions may not apply to you in whole or in part.
LIMITATION OF LIABILITY
Under no circumstances will ASSISTMED be liable to any person or business entity for any indirect, special, incidental, consequential, or other damages or losses based on or caused by any use of this website or any other third party site to which this site is linked, the content of such third party sites, or any viruses or other harmful components derived from any such third party sites, including without limitation, any lost profits, revenue, or use, business interruption, or loss of computer programs or information. Applicable law may not allow the exclusion of certain liabilities, so these exclusions may not apply to you in whole or in part.
LINKS TO THIRD PARTY SITES
Any links to other websites or Internet locations from this website have been provided for your convenience only. ASSISTMED does not endorse, sponsor, or approve any of the content of such websites or locations. ASSISTMED has no control over any of the websites or other Internet locations that you may access through this website, and is not responsible for the content or accuracy of the content of any such websites or locations. If you access any other website or Internet locations through this website, you do so at your own risk.
ASSISTMED owns or has the right to use any and all of the data, information, text, images, photos, videos, trailers, sounds, icons, and other content contained on this website (including software and transmissions to this website), and the copyrights, trademarks, service marks and other intellectual property rights therein, unless otherwise noted. You may not copy the content of this website, store any of the content on your hard drive or any other storage device, distribute or transmit any of the content to any other person or company, frame or otherwise display any of the content of this website on your own or any other website, or make any other use of it, without the prior written consent of ASSISTMED. Such copying, distribution, transmission, display, or other use would breach these terms and conditions and infringe ASSISTMED's copyrights and/or other intellectual property rights owned by or licensed to ASSISTMED. With respect to all content streamed from this website, you agree not to copy, sell, license, modify, redistribute, transmit, publicly display, publicly perform, publish, edit, or create derivative works from such content. ASSISTMED has no right or authority to authorize you to use, download, print, copy, modify, display, distribute, or transmit any content of any other website that you access from this website.
"AssistMed, Inc." is the registered trademark of AssistMed, Inc. Other ASSISTMED product or service names or logos referenced in this website are either trademarks or registered trademarks of ASSISTMED. The absence of a product or service name or logo from this section does not constitute a waiver of ASSISTMED's trademark or other intellectual property rights concerning that name or logo. All other products or company names mentioned in this website may be trademarks of their respective owners.
REPRESENTATIONS AND WARRANTIES
If you submit any information of any kind to this website, you represent, warrant, and agree that you have the unhindered right to do so, that such information does not infringe the copyright, trademark, patent, trade secret, or other intellectual property or proprietary rights of any other person or entity, that such information is not confidential or proprietary to you or any other person or entity, that such information does not injure any other person or entity, and that ASSISTMED may copy, distribute, modify, display, disclose, or otherwise use such information (and any ideas embodied therein), and may manufacture, use, and sell products, methods, and processes made therefrom, without restriction, in any way it chooses anywhere in the world, free of charge to ASSISTMED and without acknowledgment of authorship or source.
You agree to hold harmless and indemnify, defend, and hold ASSISTMED and any and all of its employees, directors, officers, shareholders, agents, licensors, licensees, affiliates, successors and assigns ("Indemnified Parties") harmless from and against any and all damages, liability and costs (including, without limitation, attorney's fees and costs), incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these terms and conditions and your use of this Site. You agree to cooperate as fully as reasonably required in ASSISTMED's defense of any claim. ASSISTMED reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any matter without the prior written consent of ASSISTMED.
ASSISTMED is committed to protecting your privacy and your personal information provided via this website. Information such as your name, email address, mailing address, general profile, and product/service preferences may be requested from you on a voluntary basis and may be used by ASSISTMED for limited purposes such as: (i) to notify you of particular services or new features provided by this website; (ii) to personalize or enhance your use of this website; (iii) to provide you with information that you request from ASSISTMED; (iv) to facilitate your participation in community bulletin boards, blogs, and events provided by this website; (v) to conduct user polls or surveys; and (vi) to monitor user traffic patterns, profiles, and site usage to assist in the marketing, planning, development and design of this website. If you choose not to submit voluntarily requested information, you may not be eligible for those activities for which personally identifiable information is needed. ASSISTMED may disclose to third parties statistics and other information regarding the users and traffic of this website in the aggregate, and ASSISTMED may release personal information of users of this website when it believes in good faith that such release is required by law, requested by subpoena or court order, and/or necessary to assist in discovery of valid legal claims. ASSISTMED maintains a database with email address, name, postal address, telephone number, and other personally identifiable information of persons who have provided such information to ASSISTMED by submitting it on this Site, or provided it by email, telephone or mail. By submitting personally identifiable information to ASSISTMED on this Site, you may receive future communications from ASSISTMED via email, telephone, or mail.
GOVERNING LAWS AND SEVERABILITY
These terms and conditions shall be governed by the laws of the State of California and applicable federal laws, without giving effect to conflict of laws principles. If any portion of these terms and conditions is unlawful, invalid, or unenforceable, then such portion of these terms and conditions shall be deemed severed herefrom and shall not affect the validity or enforceability of the remainder of these terms and conditions. Please direct any questions or comments to ASSISTMED.