Legal
Disclaimer
TERMS OF USE Welcome
to the MediLynx website (the "Site"). MediLynx owns and operates the
Site, and the documents and other content available on the Site ("Site Content")
are protected by copyright laws throughout the world. MediLynx grants you a limited
license to use the site subject to the terms and conditions of use ("Terms
of Use") set forth below. By using the Site, you agree to follow and be bound
by the Terms of Use. We may revise the Terms of Use at any time without notice
to you.
Areas of the Site may have different terms of use posted. If
there is a conflict between the Terms of Use and terms of use posted for a specific
area of the Site, the latter shall have precedence with respect to your use of
that area of the Site.
Limited License for
Use of Site Content MediLynx hereby authorizes you to download,
view, copy and print documents and graphics in the Site Content subject to the
following: (a) the Site Content may be used solely for personal, informational,
non-commercial purposes; and (b) the Site Content may not be modified or altered
in any way. No other use of the information is authorized. In consideration of
this authorization, you agree that any copy of these materials which you make
shall retain all copyright and other proprietary notices in the same form and
manner as on the original. You may not otherwise use, download, upload, copy,
print, display, perform, reproduce, publish, license, post, transmit, modify,
adapt, or distribute any Site Content in whole or in part without the express
authorization of MediLynx. Except as specified above, nothing contained herein
shall be construed as conferring by implication, estoppel, or otherwise any license
or right under any patent, trademark or copyright of MediLynx or any third party.
Software
Any software that is made available to download
from the Site is the copyrighted work of MediLynx
or other indicated third parties ("Software").
Software that that is designated on the Site as
being proprietary to or provided by MediLynx,
including Emdat, is referred to herein as "MediLynx
Software."
MediLynx Software
is licensed not sold and is subject to the MediLynx End User License Agreement
which accompanies the software or if no License Agreement accompanies the file,
the terms of the license agreement which accompanied the original product licensed
by you which you are updating. You must accept the End User License Agreement
to install or use the software. An end user will be unable to install any Software
that is accompanied by or includes a License Agreement, unless such end user agrees
to the License Agreement terms. All rights, title and interest not expressly granted
are reserved by MediLynx.
Some Software on the Site may be designated
as originating from third parties, including shareware, freeware and other software
made available to you via FTP download ("Third Party Software"). MediLynx
has no responsibility to you for Third Party Software. Third Party Software may
be subject to license agreements and other terms and conditions of such third
parties that accompany the Third Party Software, which you agree to abide by.
MediLynx makes Third Party Software available to you AS IS without warranty of
any kind, and MediLynx hereby disclaims all implied warranties, including the
implied warranties of merchantability and fitness for a particular purpose. MediLynx
will not be liable to you for any direct, consequential, incidental, exemplary
or other damages of any kind relating to the Third Party Software. MediLynx has
no obligation to provide support, maintenance or other services in connection
with Third Party Software.
Changes; Third
Party Web Sites, Content, Products and Services MediLynx reserves
the right to change or discontinue the Site or any Site Content at any time, with
or without notice, and with no liability to you. The Site may include hyperlinks
to web sites not controlled by MediLynx, and access to content, products and services
from third parties. MediLynx is not responsible for the availability of, and any
content on those web sites to which it provides links. MediLynx provides these
links merely as a convenience and the inclusion of such links does not imply an
endorsement. You agree that MediLynx is not responsible for third party content
accessible through the Site, including opinions, advice, statements and advertisements,
and understand that you bear all risks associated with the use of such content
and that MediLynx is not responsible for any loss or damage of any sort you may
incur from dealing with any such third party. Disclaimer EXCEPT
WHERE EXPRESSLY PROVIDED OTHERWISE, THE SITE, AND ALL CONTENT, MATERIALS, INFORMATION,
SOFTWARE, PRODUCTS AND SERVICES PROVIDED ON THE SITE, ARE PROVIDED ON AN "AS
IS" AND "AS AVAILABLE" BASIS. MEDILYNX EXPRESSLY DISCLAIMS ALL
WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED
TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE
AND NON-INFRINGEMENT. MEDILYNX CORPORATION MAKES NO WARRANTY THAT: (A) THE SITE
WILL MEET YOUR REQUIREMENTS; (B) THE SITE WILL BE AVAILABLE ON AN UNINTERRUPTED,
TIMELY, SECURE, OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM
THE USE OF THE SITE OR ANY SERVICES OFFERED THROUGH THE SITE WILL BE ACCURATE
OR RELIABLE; OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER
MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS.
Limitation
of Liability IN NO EVENT SHALL MEDILYNX OR ITS SUPPLIERS BE LIABLE
FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES
FOR LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU WHETHER IN AN ACTION
IN CONTRACT OR TORT, ARISING FROM YOUR ACCESS TO, OR USE OF, THE SITE, WHETHER
OR NOT MEDILYNX HAS BEEN ADVISED OF THE POSSIBILITY.
SOME JURISDICTIONS
DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY. ACCORDINGLY, SOME OF THE
ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Privacy
Policy MediLynx's privacy policy is held is at 5791 Glenstone Drive,
Littleton, CO 80130
Export Restrictions/Legal
Compliance You may not access, download, use or export the Site,
or the Site Content, software, products or services provided on the Site in violation
of U.S. export laws or regulations, or in violation of any other applicable laws
or regulations. You agree to comply with all export laws and restrictions and
regulations of any United States or foreign agency or authority, and not to directly
or indirectly provide or otherwise make available the services and products of
MediLynx in violation of any such restrictions, laws or regulations, or without
all necessary approvals. As applicable, you shall obtain and bear all expenses
relating to any necessary licenses and/or exemptions with respect to your own
use of the services of MediLynx outside the U.S. Neither the services of MediLynx
nor the underlying information or technology may be downloaded or otherwise provided
or made available, either directly or indirectly, (i) into any country subject
to U.S. trade sanctions, to individuals or entities controlled by such countries,
or to nationals or residents of such countries other than nationals who are lawfully
admitted permanent residents of countries not subject to such sanctions; or (ii)
to anyone on the U.S. Treasury Department's list of Specially Designated Nationals
and Blocked Persons or the U.S. Commerce Department's Table of Denial Orders.
By agreeing to these Terms of Use, you agree to the foregoing and represent and
warrant that you are not located in, under the control of, or a national or resident
of any such country or on any such list.
Applicable
Laws All matters relating to your access to, and use of, the Site
and these Terms of Use shall be governed by U.S. federal law or the laws of the
State of New Jersey and Colorado. Any legal action or proceeding relating to your
access to, or use of, the Site shall be instituted in a state or federal court
in New Jesey, Union County and no other venue. You and MediLynx agree to submit
to the jurisdiction of, and agree that venue is proper in, these courts in any
such legal action or proceeding.
Copyright/Trademark
Information Copyright © 2003, MediLynx, Inc. All rights reserved.
The trademarks, logos and service marks ("Marks") displayed
on the Site are the property of MediLynx or other third parties. You are not permitted
to use these Marks without the prior written consent of MediLynx or such third
party which may own the Mark.
Contact Information
If you have any questions regarding these Terms of Use, please mail your concern
to MediLynx, Inc. 5791 Glenstone Drive, Littleton, CO 80130.
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