TERMS OF USE

 

Welcome to the ABL Medical, LLC CareSTAT® Website. This document, “Terms of Use,” governs the acceptable use that you, as an individual, company or other legal entity, is permitted while on this Website.

 

 

YOUR CONSENT

 

By accessing or using this Website, you acknowledge that you have read through and understood these Terms of Use and agree to be contractually bound by them. ABL Medical, LLC (“ABL Medical, LLC” or “ABL MED”) may change these Terms of Use at any time in its sole discretion. Your access to or use of this Website after any such changes constitutes your acknowledgment and acceptance of the changes. Please review these Terms of Use regularly. If you do not agree to follow and be bound by them, you may not access or use this Website in any way.

 

 

PRIVACY

 

ABL MED holds the privacy of its online visitors very seriously while they use this Website. To provide visitors with an explanation of its policies relating to privacy, ABL MED has made available a Privacy Policy as well as a Legal Notice. For more information, please visit the Privacy Policy and Legal Notice posted on this Website.

 

 

MEDICAL INFORMATION DISCLAIMER

 

This Website may contain general information regarding the technology used for the manufacturing of products marketed and sold by ABL Medical, LLC. This information may include tests, studies, kill time studies, testimonials, reports, as well as third party or published reports. This information may also provide information about ABL MED products. Although the foregoing types of information may be present on this Website, they are not intended to diagnose, treat, or cure any medical conditions the visitor or others may have. This information is provided for informational purposes only and is not meant to substitute for the advice of a doctor or medical professional. ALWAYS CONSULT YOUR PHYSICIAN OR ANOTHER QUALIFIED HEALTH CARE PROFESSIONAL REGARDING ANY MEDICAL CONDITION YOU MAY HAVE OR ANY MEDICAL TREATMENT YOU MAY BE CONSIDERING. ABL Medical, LLC will not be held responsible for any damage, loss, or death that anyone might experience related to misuse of the educational or product information contained on this Website.

 

 

 

 

LINKS TO OTHER WEBSITES

 

This Website may contain hyperlinks to other Websites that may or may not be controlled by ABL MED. All visitors are encouraged to review the terms of use, and other additional legal information, found on such other websites as it may be different from the terms and information on this Website. ABL MED additionally will not be liable for any damages, losses, or death that may arise from the use of other Websites linked to ABL MED. Moreover, the use of external links does not imply any endorsement or approval by ABL MED.

 

 

INDEMNIFICATION

 

You agree to indemnify, and hold harmless ABL MED, its directors, officers, employees, agents, suppliers, co-branders, parents, affiliates, and third party partners (the “ABL MED Indemnitees”) from and against all losses, liabilities, damages, disputes, and expenses, including all legal fees resulting from the violation of these Terms of Use.

 

 

CONTENT OWNERSHIP

 

All of the contents of this Website except for Submissions (the “Contents”), including but not limited to text, illustrations, photographs, graphics, audio files, video files, audio-visual files, and the like, are owned by ABL MED and/or the party that provided the Contents to ABL MED. ABL MED or the party providing the Contents to ABL MED retains all right, title, and interest in the Contents. The Contents of this Website, including the selection, arrangement, and look and feel, are protected by the copyright and trademark laws of the United States and by international treaties and conventions.

 

You may not copy, distribute, modify, republish, download, post, display, perform, add to, abridge, compile, adapt, translate, modify, update, sell, license, broadcast, or otherwise transmit any of the Contents in any way without the express prior written consent of ABL MED, which it may grant or withhold in its sole and absolute discretion, except that you may download or print a copy of portions of the Contents for your personal, noncommercial use or for the lawful and appropriate advancement of your business dealings with ABL MED. In doing so, you may not remove or alter, or cause to be removed or altered, any copyright, trademark, or other proprietary notice appearing in any of the Contents. Modification or use of Contents other than as provided in these Terms of Use violates the intellectual property rights of ABL MED or the party that provided the Contents to ABL MED. No right, title, or interest in any of the Contents is transferred to you by your access to this Website, and ABL MED or the party that provided the Contents retains all right, title, and interest in anything that you print or download.

You may not access, download, or use this Website or any of its Contents in violation of the export laws and regulations of the United States or any other applicable law.

 

 

TRADEMARKS

 

All of the product names, trade names, slogans, logos, and other trademarks (collectively “Marks”) appearing on this Website are the sole property of ABL MED, unless otherwise noted. ABL MED retains any and all rights in its Marks, and you may not use any of those Marks without the prior written authorization of ABL MED, except for standard character versions of the Marks for the sole purpose of properly identifying products originating from ABL MED. In such case, however, you may not state or imply in any way that you are authorized or sponsored by, or affiliated or otherwise connected with, ABL MED without ABL MED’s express prior written consent.

 

 

OTHER RESTRICTIONS ON USE

 

You may use this Website only for purposes expressly permitted by ABL MED. You may not use this Website for any other purpose without ABL MED’s express prior written consent. For example, you may not (and may not authorize any other party to) (1) co brand this Website, (2) frame this Website, or (3) hyperlink to this Website, without the express prior written permission of ABL MED. For purposes of these Terms of Use, the term “co brand” means to display the name, logo, trademark, symbol, or other means of attribution or identification of another party in a manner that may give users the impression that such other party has the right to display, publish, or distribute this Website or any of the Contents accessible within this Website. You agree to cooperate with ABL MED to bring any unauthorized co-branding, framing, or hyper-linking to an immediate stop.  Also, you agree not to circumvent any security features of this Website or any technological features to prevent Content copying or otherwise limiting your use of this Website.

 

 

SUBMISSIONS

 

ABL MED welcomes your comments and suggestions. Please be advised, however, that ABL MED will not be required to treat any comments, suggestions, ideas, materials, information, or other content that you post, send, submit, upload, or transmit to ABL MED through this Website (a “Submission”) as confidential or proprietary. Moreover, you remain solely responsible for every Submission and its contents and for its publication and availability on and in connection with this Website. ABL MED shall have no obligation to review any Submission that you make.

 

You may not make any Submission that contains any materials, information, ideas, or other content that you do not want ABL MED to be able to use for its commercial and other benefit, including without limitation any of your original ideas, inventions, works of authorship, trade secrets, or materials or any confidential or proprietary information.

 

As between you and ABL MED, you will own all Submissions.  By making a Submission, however, and as consideration for your use of this Website, you hereby grant to ABL MED, without charge or remuneration, a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, sublicensable (through multiple levels of sublicensing), transferrable license to use, copy, reproduce, distribute, prepare derivative works of, modify, edit, adapt, publish, translate, display, perform, allow visitors to this Website to access and use according to these Terms of Use, and otherwise exploit the Submission and all ideas, information, and other contents of the Submission in any and all forms, media, and technologies now known or hereafter developed in its business (including, for example, for products or advertising) and in the business of its affiliates, successors, assigns, and licensees, without compensation or consideration of any kind.  Without limiting the generality of the foregoing, you agree that ABL MED has the right to display advertisements in connection with  Submissions, for advertising, marketing, promotional, and other commercial purposes and that Submissions may be used on the websites and advertising networks of our distribution partners, marketing partners, service providers, and other third parties, including their downstream users.  By making a Submission, you represent and warrant to ABL MED that you have all rights, licenses, consents, and permissions necessary to post, send, submit, upload, or transmit it to ABL MED and to grant ABL MED the licenses and rights granted to ABL MED herein.  Furthermore, you expressly waive any and all worldwide moral rights and “droits d’auteur” with respect to all Submissions.  Nothing that you state in any cover letter, email, or other transmitting document, or communication with respect to any Submission may vary these Terms of Use and, to the extent any such cover letter, email, or other transmitting document or communication attempts to do so, it is null and void.

 

You agree that ABL MED has the right, but not the obligation, to use your biographical information and location in connection with ABL MED’s use of any Submission; provided, however, that ABL MED will treat any other personally identifiable information that you submit through this Website in accordance with its Privacy Policy.

 

 

RESTRICTIONS ON SUBMISSIONS

 

You may not post, send, submit, upload, or transmit in connection with this Website any material, content, ideas, or other information that:  you do not have the right to post, send, submit, upload, or transmit, including confidential or proprietary material of any third party; infringes any intellectual property or other proprietary right of any entity or person, including infringing, misappropriating, or otherwise violating anyone’s copyrights, trade secrets, trademarks, patents, rights of privacy, or rights of publicity; advocates illegal activity or discusses an intent to commit an illegal act; is vulgar, obscene, pornographic, or indecent; does not pertain directly to this Website; threatens or abuses others, libels, defames, invades privacy, stalks, is obscene, pornographic, racist, abusive, harassing, threatening or offensive; seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; violates any law or may be considered to violate any law; impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content; advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as may be specifically authorized on this Website; solicits funds, advertisers or sponsors; includes programs which contain viruses, worms and/or Trojan horses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications; disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise act in a way which affects the ability of other people to engage in real time activities via this Website;

amounts to a ‘pyramid’ or similar scheme; disobeys any policy or regulations established from time to time regarding use of this Website or any networks connected to this Website; or contains hyperlinks to other Websites that contain content that falls within the descriptions set forth above.

 

ABL MED has the right, but not the obligation, to monitor your use of this Website and your Submissions to determine compliance with these Terms of Use, as well the right to remove, disable access to, edit, refuse to post, or otherwise refuse any Submission or other information for any reason in its sole discretion.

 

Notwithstanding these ABL MED rights, you remain solely responsible for the content of your Submissions. You agree that neither ABL MED nor any third party that provides any of the Contents to ABL MED will assume or have any liability for any action or inaction by ABL MED or such third party with respect to any Submission.

 

 

COPYRIGHT POLICY

 

ABL MED prohibits copyright infringement by users of this Website and will remove or disable access to any Submission that infringes any copyright, if ABL MED is properly notified that the Submission is infringing.  Without limiting any other rights that ABL MED has under these Terms of Use, ABL MED reserves the right to remove or disable access to any infringing Submission without notice.

 

Any copyright owner or its authorized agent who believes that any Submission infringes such owner’s copyright may submit notification to ABL MED pursuant to the Digital Millennium Copyright Act (“DMCA”), see 17 U.S.C. § 512.  The notification must contain the following: (1) a physical or electronic signature of the copyright owner or its authorized agent, (2) an identification of the copyrighted work allegedly infringed, (3) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient for ABL MED to locate the material, (4) contact information for the copyright owner or its authorized agent, including address, telephone number, and (if available) an email address, (5) a statement by the copyright owner or its authorized agent that he/she has a good faith belief that the Submission’s use of the copyrighted material is not authorized by the copyright owner, its authorized agent, or the law, and (6) a statement that the information contained in the notification is accurate and, under penalty of perjury, that the person submitting the notification is authorized to act by the owner of the exclusive right allegedly infringed.  If a proper notification is received by ABL MED, ABL MED will remove or disable access to the Submission (or allegedly infringing portion thereof) as required by the DMCA “safe harbor” provision.

 

If your Submission is removed, or access to it is disabled, and you believe that you have authorization from the copyright owner or its designated agent to make a Submission or believe that your Submission is otherwise non-infringing, you may submit a DMCA counter-notice to ABL MED.  The counter-notice must contain the following: (1) your physical or electronic signature, (2) information sufficient to identify the content of the Submission removed or to which access was disabled and the location where it was located, (3) a statement of your good faith belief that the content was removed, or access to it was disabled, in error, (4) your name, address, telephone number, and (if available) email address, (5) a statement that you consent to jurisdiction in the State of Utah, USA with respect to the dispute, and (6) a statement that you will accept service of process from the person who notified ABL MED of the alleged infringement.  If ABL MED receives a proper counter-notice, ABL MED will have the right to send a copy of it to the complaining party, and ABL MED may restore or re-enable access to the submission if the complaining party does not file suit within fourteen (14) days.  ABL MED is not in a position, however, to adjudicate such disputes.

 

ABL MED may terminate any user’s access to this Website without notice if, under appropriate circumstances, ABL MED determines that the user is a repeat infringer.

 

DMCA notices and counter-notices should be submitted to ABL MED’s designated agent for receiving such notices, which is the Web Administrator at the address and/or email address set forth below.

 

 

DISCLAIMERS

 

ABL MED cannot and does not guarantee or warrant that files or other content available for download from the Internet, including but not limited to this Website, will be free of viruses, worms, Trojan horses, or other code that may manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining means outside of this Website for reconstructing any lost or corrupted data. ABL MED does not assume any responsibility, risk, or liability for your use of the Internet, including but not limited to this Website.

 

The Contents of this Website are not necessarily complete and up-to-date and should not be used to replace any written reports, statements, notices, or other materials provided by ABL MED. Investors, borrowers, and other persons should use the Contents in the same manner as any other educational medium and should not rely on the Contents to the exclusion of their own judgment. Information obtained by using this Website is not exhaustive and not meant to be exhaustive and does not cover all issues, topics, or facts that may be relevant to your goals or particular needs.

 

YOU USE THIS WEBSITE AT YOUR OWN RISK. ITS CONTENTS ARE PROVIDED “AS IS,” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. ABL MED HEREBY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. ABL MED DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS OR CONTENTS CONTAINED IN THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ABL MED DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF THE CONTENTS IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE CONTENTS MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND ABL MED MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. YOU, AND NOT ABL MED, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS WEBSITE OR ITS CONTENTS. ABL MED MAKES NO REPRESENTATIONS OR WARRANTIES THAT YOUR USE OF ANY OF THE CONTENTS ON THIS WEBSITE WILL NOT INFRINGE THE RIGHTS OF OTHERS, AND ABL MED ASSUMES NO RESPONSIBILITY OR LIABILITY FOR ERRORS OR OMISSIONS IN ANY SUCH CONTENTS.

 

All of the information on this Website, whether historical in nature or forward-looking, speaks only as of the date that ABL MED posts the information on this Website, and ABL MED undertakes no obligation to update such information after it is posted or to remove such information from this Website if it is not, or is no longer, accurate, up-to-date, or complete. Any forward-looking statements may involve risks and uncertainties, whether medical, economic, regulatory, or otherwise, and they are made by ABL MED based on assumptions and estimates that ABL MED believes are reasonable but that are inherently uncertain and difficult to predict. Actual results may differ materially from any forward-looking statements included herein.

 

 

LIMITATION OF LIABILITY

 

ABL MED, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, OFFICERS, DIRECTORS, AND AGENTS WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF ABL MED HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF ABL MED AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, OFFICERS, DIRECTORS, AND AGENTS TO ANY PERSON OR PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF US$100.

 

 

SECURITY

 

You are prohibited from using any services or facilities provided in connection with this Website to compromise security or tamper with system resources or accounts. The use or distribution of tools designed for compromising security or collecting information (e.g., password guessing programs, cracking tools, “spiders,” or other network probing tools) in connection with this Website is strictly prohibited. If you become involved in any violation of system security, ABL MED reserves the right to release your details to system administrators at other Websites in order to assist them in resolving or preventing security incidents. ABL MED reserves the right to investigate any and all suspected violations of these Terms of Use and to take any and all necessary or appropriate actions to remedy such violations, as ABL MED may determine in its sole discretion.

 

ABL MED reserves the right to cooperate fully with any law enforcement authorities or court orders requesting or directing ABL MED to disclose the identity of, or other information about, anyone posting any e-mail messages or publishing or otherwise making available on this Website any materials that are believed to violate these Terms of Use or applicable law.

 

BY USING THIS WEBSITE AND ACCEPTING THESE TERMS OF USE, YOU HEREBY WAIVE AND AGREE TO RELEASE AND HOLD HARMLESS ABL MED, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, OFFICERS, DIRECTORS, AND AGENTS FROM ANY AND ALL CLAIMS RESULTING FROM ANY ACTION TAKEN BY ABL MED, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, OFFICERS, DIRECTORS, OR AGENTS DURING OR AS A RESULT OF INVESTIGATIONS WITH RESPECT TO THE USE OF THIS WEBSITE AND FROM ANY AND ALL ACTIONS TAKEN AS A RESULT OF SUCH INVESTIGATIONS BY ABL MED, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, OFFICERS, DIRECTORS, OR AGENTS, OR BY ANY LAW ENFORCEMENT AUTHORITIES.

 

 

GLOBAL REACH

 

While the Internet is global, some or all of ABL MED’s products may not be available in some countries because of differences in applicable laws and regulations. For that reason, this Website may reference ABL MED products that are not available in your country. ABL MED makes no representation, express or implied, that any such products will hereafter be made available in your country. You may direct inquiries regarding the availability of products to ABL MED’s Web Administrator.

 

 

MODIFICATIONS TO THE WEBSITE

 

As owners of this Website, ABL MED holds the right to change, modify, suspend, or discontinue, without prior notice, this Website or portions of at any time for any reason. By doing so ABL MED will not be held liable for any damages or loss resulting from these modifications.

 

 

MISCELLANEOUS

 

These Terms of Use shall be governed by and construed in accordance with the laws of the State of Utah, USA, without reference to any of the choice of law provisions thereof. You agree that all services provided by this Website will be deemed to be provided solely within the State of Utah, USA.  You specifically consent to personal jurisdiction in the State of Utah, USA in connection with any and all disputes between you and ABL MED arising out of these Terms of Use or otherwise relating to the subject matter of these Terms of Use. The parties to these Terms of Use each agree that the exclusive venue for any dispute between the parties arising out of these Terms of Use or relating to the subject matter hereof will be in the state and federal courts in Salt Lake City, Utah. If any part of these Terms of Use is determined by a court of competent jurisdiction to be unlawful, void, or unenforceable, that part will be deemed severed and will not affect the enforceability or validity of any remaining provisions. These Terms of Use constitute the entire agreement of the parties relating to the subject matter hereof. Notwithstanding the foregoing, any additional terms and conditions expressly contained on this Website will govern the items to which they pertain.  TO THE EXTENT PERMITTED BY LAW, YOU WAIVE ANY RIGHT TO FILE ANY CLASS ACTION RELATING TO THE WEBSITE.  THE PARTIES HEREBY WAIVE ANY AND ALL RIGHTS TO A JURY TRIAL UNDER FEDERAL, STATE, AND/OR OTHER APPLICABLE LAW.

 

 

QUESTIONS OR CONCERNS

 

If you have any questions regarding these Terms of Use, please contact the Web Administrator at:

 

 

WEB ADMINISTRATOR

 

Department of Website Information

ABL Medical, LLC

705 East 50 South

American Fork, UT 84003

801-763-8000

webadmin@ablmedical.com

Last updated: May 22, 2014.