TERMS OF USE AGREEMENT BETWEEN USER AND Houston Stat
Medical Supply & Equipment, Inc.
The HSME Web Site is provided as a courtesy by
Houston Stat Medical Supply & Equipment, Inc.
(“HSME”).
The HSME Web Site, and the content and services
provided via the HSME Web Site (the “Services”), are
offered to you conditioned on your acceptance
without modification of the terms, conditions, and
notices contained herein. Your use of any portion of
the HSME Web Site constitutes your agreement to all
such terms, conditions, and notices.
Additionally, the HSME Web Site may contain
additional terms that govern particular features or
offers (for example, forums or surveys).
In the event that any of the terms, conditions, and
notices contained herein conflict with the
Additional Terms or other terms and guidelines
contained within any particular HSME Web Site, then
these terms shall control.
NO MEDICAL ADVICE; DISCLAIMER
The HSME provides this web site and related services
as a courtesy in order to educate and inform users
about the HSME and its activities, as well as health
and medical information in general. THE HSME DOES
NOT PROVIDE ANY MEDICAL ADVICE; INSTEAD, THE HSME
URGES YOU TO CONSULT WITH YOUR DOCTOR. Never
disregard or fail to seek medical advice from a
doctor because of anything you see on the HSME web
site. We do not control or guarantee the accuracy,
completeness or usefulness of any information on any
web site for which a link may be provided. THE HSME
EXPRESSLY DISCLAIMS ANY AND ALL REPRESENTATIONS AND
WARRANTIES CONCERNING THE ACCURACY OR COMPLETENESS
OF INFORMATION AVAILABLE ON THIS WEB SITE. YOU
ASSUME ALL RISKS ASSOCIATED WITH ANY AND ALL USE OF
SUCH INFORMATION. THE HSME SHALL HAVE NO LIABILITY
WHATSOEVER FOR ANY CLAIMS, CAUSES OF ACTION, OR
DAMAGES, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR
CONSEQUENTIAL, RELATING TO THIS WEB SITE OR THE
INFORMATION PRESENTED HEREIN. YOUR USE OF THIS WEB
SITE CONSTITUTES ACCEPTANCE OF THESE TERMS.
MODIFICATION OF THESE TERMS OF USE
HSME reserves the right to change the terms,
conditions, and notices under which the HSME Web
Site and the Services are offered. You are
responsible for regularly reviewing these terms and
conditions.
PERSONAL AND NON-COMMERCIAL USE LIMITATION
Unless otherwise specified, the HSME Web Site and
the Services are solely for non-commercial use. You
may not modify, copy, distribute, transmit, display,
perform, reproduce, publish, license, create
derivative works from, transfer, or sell any
information, software, products or services obtained
from the HSME Web Site.
LINKS TO THIRD PARTY SITES
The HSME Web Site may contain links to other Web
Sites ("Linked Sites"). The Linked Sites are not
under the control of HSME and HSME shall not have
any liability or responsibility for the contents of
any Linked Site, including without limitation any
link contained in a Linked Site, or any changes or
updates to a Linked Site. HSME shall not have any
liability or responsibility for webcasting or any
other form of transmission received from any Linked
Site. HSME is providing these links to you only as a
convenience, and the inclusion of any link does not
constitute or suggest any endorsement by HSME of the
site or any association with its operators.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the HSME Web Site and
the Services, you represent and warrant to HSME that
you will not use the HSME Web Site or the Services
for any purpose that is unlawful or prohibited by
these terms, conditions, and notices. You may not
use the HSME Web Site or the Services in any manner
which could damage, disable, overburden, or impair
the HSME Web Site or interfere with any other
party's use and enjoyment of the HSME Web Site or
the Services. You may not obtain or attempt to
obtain any materials or information through any
means not intentionally made available or provided
for through the HSME Web Site.
USE OF COMMUNICATION SERVICES
The HSME Web Site may contain bulletin board
services, chat areas, news groups, forums,
communities, personal web pages, calendars, and/or
other messaging or communication facilities designed
to enable you to communicate with the public at
large or with a group (collectively, "Communication
Services"). You agree to use the Communication
Services only to post, send and receive messages and
material that are proper and related to the
particular Communication Service. By way of example,
and not as a limitation, you agree that when using a
Communication Service, you will not:
Defame, abuse, harass,
stalk, threaten or otherwise violate the legal
rights (such as rights of privacy and publicity) of
others.
Publish, post,
upload, distribute or disseminate any inappropriate,
profane, defamatory, infringing, obscene, indecent
or unlawful topic, name, material or information.
Upload files that
contain software or other material protected by
intellectual property laws (or by rights of privacy
of publicity) unless you own or control the rights
thereto or have received all necessary consents.
Upload files that
contain viruses, corrupted files, or any other
similar software or programs that may damage the
operation of another's computer.
Advertise or offer
to sell or buy any goods or services for any
business purpose.
Conduct or forward surveys, contests, pyramid
schemes or chain letters.
Download any file posted by another user of a
Communication Service that you know, or reasonably
should know, cannot be legally distributed in such
manner.
Falsify or delete any author attributions, legal or
other proper notices or proprietary designations or
labels of the origin or source of software or other
material contained in a file that is uploaded.
Restrict or inhibit any other user from using and
enjoying the Communication Services.
Violate any code of conduct or other guidelines
which may be applicable for any particular
Communication Service.
Harvest or otherwise collect information about
others, including e-mail addresses, without their
consent.
Violate any applicable laws or regulations.
HSME has no obligation to monitor the Communication
Services and shall have no liability in connection
with the Communication Services. However, HSME
reserves the right to review materials posted to a
Communication Service and to remove any materials in
its sole discretion. HSME reserves the right to
terminate your access to any or all of the
Communication Services at any time without notice
for any reason whatsoever.
HSME reserves the right at all times to disclose any
information HSME deems appropriate or necessary to
satisfy any applicable law, regulation, legal
process or governmental request, or to edit, refuse
to post or to remove any information or materials,
in whole or in part, in HSME’s sole discretion.
Always use caution when giving out any personally
identifying information about yourself or your
children in any Communication Service. HSME does not
control or endorse the content, messages or
information found in any Communication Service and,
therefore, HSME specifically disclaims and shall
have no liability with regard to the Communication
Services and any actions resulting from your
participation in any Communication Service. Managers
and hosts are not authorized HSME spokespersons, and
their views do not necessarily reflect those of
HSME.
Materials uploaded to a Communication Service may be
subject to posted limitations on usage, reproduction
and/or dissemination. You are responsible for
adhering to such limitations if you download the
materials.
MATERIALS PROVIDED TO HSME OR POSTED AT ANY HSME
WEB SITE
By posting, uploading, inputting, providing or
submitting any materials, data, or information in
any form (a “Submission”), you are granting HSME,
its affiliates and sublicensees permission to use
your Submission, including, without limitation, the
rights to: copy, distribute, transmit, publicly
display, publicly perform, reproduce, edit, prepare
derivative works from, translate and reformat your
Submission, and to publish your name in connection
with your Submission.
No compensation will be paid with respect to any use
of your Submission. HSME is under no obligation to
post or use any Submission you may provide and may
remove any Submission at any time in HSME’s sole
discretion.
By posting, uploading, inputting, providing or
submitting your Submission you warrant and represent
that you own or otherwise control all of the rights
to your Submission as described in this section
including, without limitation, all the rights
necessary for you to provide, post, upload, input or
submit the Submission.
DISCLAIMERS & LIMITS OF LIABILITY
THE INFORMATION, PRODUCTS, AND SERVICES INCLUDED IN
OR AVAILABLE THROUGH THE HSME WEB SITE ARE PROVIDED
”AS IS;” THE WEB SITE MAY INCLUDE INACCURACIES.
CHANGES ARE PERIODICALLY MADE TO THE HSME WEB SITE.
NOTHING ON THE HSME WEB SITE SHOULD BE RELIED UPON
FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS.
YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR
SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
HSME DISCLAIMS AND NEGATES ANY AND ALL WARRANTIES
AND REPRESENTATIONS, EXPRESS OR IMPLIED, WITH REGARD
TO ANY INFORMATION, PRODUCTS, SERVICES AND/OR
GRAPHICS ON THE HSME WEB SITE, INCLUDING ANY IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
IN NO EVENT WHATSOEVER SHALL HSME BE LIABLE FOR ANY
DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL,
CONSEQUENTIAL DAMAGES OR ANY DAMAGES OF ANY KIND
INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF
USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY
CONNECTED WITH: THE USE OR PERFORMANCE OF THE HSME
WEB SITE; ANY DELAY OR INABILITY TO USE THE HSME WEB
SITE OR SERVICES; AND/OR ANY PROVISION OF OR FAILURE
TO PROVIDE SERVICES, OR FOR ANY INFORMATION,
SOFTWARE, PRODUCTS, SERVICES OR GRAPHICS ON THE HSME
WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE
HSME WEB SITE OR THE SERVICES, WHETHER BASED ON
CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR
OTHERWISE, EVEN IF HSME HAS BEEN ADVISED OF THE
POSSIBILITY OF DAMAGES. BECAUSE SOME
STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR
INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT
APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY
PORTION OF THE HSME WEB SITE, ANY SERVICES, OR WITH
ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE
REMEDY IS TO DISCONTINUE USING THE HSME WEB SITE.
INDEMNITY
You shall defend, indemnify, and hold harmless HSME,
and its affiliates, officers, employees, agents,
from any claims, demands, suits, causes of action,
liabilities, damages, costs, attorney’s fees, or the
like (“Claims”) based on, due to, or relating to or
arising from: (1) any Submission by you; (2) any
violation by you of any of the terms or conditions
of these Terms of Use; or (3) your use of any
portion of the HSME Web Site or any of the Services.
BECAUSE HSME DOES NOT CHARGE YOU FOR ACCESS AND USE
OF THE HSME WEB SITE, YOU AGREE TO ASSUME ALL RISKS
OF ANY OF THE FOREGOING CLAIMS, REGARDLESS OF ANY
NEGLIGENCE OR OTHER FAULT OF HSME.
SERVICE CONTACT: webmaster@houstonstatmedical.com
TERMINATION/ACCESS RESTRICTION
HSME reserves the right, in its sole discretion, to
terminate your access to any or all HSME Web Site
and the Services or any portion thereof at any time,
without notice.
GENERAL
This agreement is governed by the laws of the State
of Texas, U.S.A. You hereby consent to the exclusive
jurisdiction and venue of courts in Harris County,
Texas, U.S.A. in all disputes arising out of or
relating to the use of the HSME Web Site or the
Services. Use of the HSME Web Site or the Services
is unauthorized in any jurisdiction that does not
give effect to all provisions of these terms and
conditions, including without limitation this
paragraph. You agree that no joint venture,
partnership, employment, or agency relationship
exists between you and HSME as a result of this
agreement or use of the HSME Web Site. HSME’s
performance of this agreement is subject to existing
laws and legal process, and nothing contained in
this agreement is in derogation of HSME’s right to
comply with governmental, court and law enforcement
requests or requirements relating to your use of the
HSME Web Site or information provided to or gathered
by HSME with respect to such use. If any part of
this agreement is determined to be invalid or
unenforceable pursuant to applicable law including,
but not limited to, the warranty disclaimers and
liability limitations set forth above, then the
invalid or unenforceable provision will be deemed
superseded by a valid, enforceable provision that
most closely matches the intent of the original
provision and the remainder of the agreement shall
continue in effect. Unless otherwise specified
herein, this agreement constitutes the entire
agreement between the user and HSME with respect to
the HSME Web Site and the Services and it supersedes
all prior or contemporaneous communications and
proposals, whether electronic, oral or written,
between the user and HSME with respect to the HSME
Web Site. A printed version of this agreement and of
any notice given in electronic form shall be
admissible in judicial or administrative proceedings
based upon or relating to this agreement to the same
extent and subject to the same conditions as other
business documents and records originally generated
and maintained in printed form.
COPYRIGHT AND TRADEMARK NOTICES:
All contents of the HSME Web Site are: Copyright ©
2008 HSME and/or its suppliers.
HSME is the service mark of Houston Stat Medical
Supply & Equipment, Inc.. The names of other actual
companies and products mentioned herein may be the
trademarks of their respective owners.
Any rights not expressly granted herein by HSME are
reserved. |
