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
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 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.
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
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.
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.
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.
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.
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.
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.
QUESTIONS OR CONCERNS
Department of Website Information
ABL Medical, LLC
705 East 50 South
American Fork, UT 84003
Last updated: May 22, 2014.