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Copyright and Legal Information
Introduction Welcome to the Internet site ("Site") of Intelligent Medical Devices, Inc. ("IntelligentMD" or "we" or "us"). This Site is published and maintained by IntelligentMD. Your access to and use of this Site is subject to the following terms and conditions ("Terms of Use"). When you access, browse or use this Site, you accept, without limitation or qualification, the Terms of Use. If you do not agree with the Terms of Use, do not use this Site. IntelligentMD reserves the right, at our discretion, to change, modify, add, or remove portions of the Terms of Use at any time, without notice or obligation. As such, please check the terms of use periodically for changes. Your continued use of this Site following the posting of changes to the Terms of Use will mean that you accept the changes. Your Right to Use the Site and Site Materials This Site is only for your personal use. IntelligentMD grants you a non-exclusive, non-transferable, limited right to enter, display, and use this Site. You agree not to affect/interrupt or to attempt to affect/interrupt the operation of this Site in any manner. Unless otherwise stated, this Site and the content provided in this Site ("Site Materials"), including, but not limited to, the text and images contained on the site and their arrangement are the copyrighted property of IntelligentMD and/or third party licensors. (Please note that while the terms Site and Site Materials may appear in the Terms of Use together, when either term appears in the Terms of Use without the other, either term shall mean both Site and Site Materials.) All trademarks, service marks, and trade names are proprietary and the property of their respective owners including, but not limited to, the trademarks IntelligentMD, the IntelligentMD proprietary logo, and Care With Certainty, which are the property of IntelligentMD. You may use the Site for non-commercial and informational use only. No portion of this Site, including text, images, audio, video or data may be copied, reproduced, republished, transmitted, uploaded, posted or distributed in any way without the prior written consent of IntelligentMD, except that you may download, display and print one copy of the content provided in this Site on any single computer for your personal, non-commercial home use only, provided that (i) you keep intact all copyright, trademark, and other proprietary notices, and (ii) you make no modifications whatsoever to the materials. Your use of this Site does not create, and nothing contained in this Site shall be construed as creating or conferring to you, by implication, estoppel, or otherwise, a license or any other rights in trademarks, service marks, copyrights or other intellectual property rights or any other rights of IntelligentMD or any third party. This Site is provided free of charge and for informational purposes only and does not create a business or professional services relationship between you and IntelligentMD. Any unauthorized use of the Site and Site Materials may subject you to penalties and damages, including, but not limited to, damages relating to the violation of trademarks, service marks, copyright policies, the laws of privacy and publicity, and certain civil and criminal statutes. Submissions You agree that any information submitted by you through this Site is considered non-confidential and non-proprietary, unless specifically stated otherwise in these Terms of Use. You represent that you have the lawful right to submit such information and agree that you will not submit any information unless you are legally entitled to do so. While we are pleased to hear from users of this Site, company policy prohibits us from accepting or considering creative ideas, suggestions or materials other than those we have specifically requested. If, despite this request, you submit to us any creative material, including, but not limited to, ideas, suggestions or other information, you acknowledge and agree that such submission(s) are considered, and shall remain, the property of IntelligentMD. You further agree and acknowledge that IntelligentMD shall not be liable for the use or disclosure of such submission(s), that IntelligentMD shall be subject to no obligations (including, but not limited to, any obligation of compensation whatsoever to you) with respect to the use or disclosure of such submission(s), and that IntelligentMD shall own exclusively all rights to the submission(s), including, but not limited to rights now known or hereafter existing and rights of every kind and nature throughout the universe. Because of the open nature of the Internet, common sense would dictate, and we would recommend, that you not submit any information you consider confidential. Disclaimer of Warranties and Damages; Limitation of Liability YOUR USE OF THIS SITE IS AT YOUR OWN RISK AND ANY INFORMATION THAT YOU OBTAIN BY USE OF THIS SITE IS OBTAINED AT YOUR OWN RISK. THIS SITE AND THE SITE MATERIALS ARE PROVIDED "AS IS," WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF ANY CONTENT PUBLISHED ON OR AVAILABLE THROUGH THIS SITE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. Links to or from this Site ("Linked Sites") may exist. No judgment or warranty is made by IntelligentMD with respect to Linked Sites or any of the information, services or products offered on the Linked Sites. IntelligentMD disclaims any responsibility for the accuracy, content, or availability of information found on Linked Sites. IntelligentMD does not imply, nor should you infer, any endorsement, association, sponsorship or affiliation with any Linked Sites or with any merchandise, products or services offered through such Linked Sites, unless specifically stated. IntelligentMD neither operates nor has any control over the content or any other aspect of any Linked Sites, and is not responsible for the content of any off-site pages or any Linked Sites. NONE OF THE PARTIES INVOLVED IN CREATING, PRODUCING, OR DELIVERING THIS SITE ARE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES, OR ANY OTHER LOSSES, COSTS, OR EXPENSES WHICH MAY ARISE, DIRECTLY OR INDIRECTLY, THROUGH ACCESS TO, USE OF, OR BROWSING OF THIS SITE OR THROUGH YOUR DOWNLOADING OF SITE MATERIALS, INCLUDING, BUT NOT LIMITED TO, ANYTHING CAUSED BY BUGS, VIRUSES, OR ANY COMPUTER SYSTEM, HARDWARE, SOFTWARE OR PROGRAM MALFUNCTIONS, OR ANY OTHER ERRORS, FAILURES OR DELAYS. IN NO EVENT WILL INTELLIGENTMD BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR OTHER DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, BUSINESS INTERRUPTION, COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS, LOSS OF PROGRAMS OR DATA) WITHOUT REGARD TO THE FORM OF ACTION AND WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH THIS SITE, SITE MATERIALS, ANY OTHER CONTENT OR SERVICE ACCESSED THROUGH THIS SITE OR LINKED SITES, OR ANY COPYING, DISPLAYING OR USE THEREOF. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. You shall indemnify and hold IntelligentMD harmless from and against any and all claims, liabilities, demands, causes of action, damages, losses and expenses, including, without limitation, reasonable attorneys' fees and costs of suit, arising out of or in connection with your use of this Site. Termination The Terms of Use are effective until terminated by either party. IntelligentMD may terminate your access to the Site immediately without notice from us if, in our sole judgment, you fail to comply with any term of condition of the Terms of Use. You may terminate this Agreement, immediately without notice to us, at any time by discontinuing your use of the Site, and any materials you have obtained from the Site. Jurisdiction You are responsible for complying with the laws of the jurisdiction from which you are accessing this Site and you agree that you will not access or use the information on this Site in violation of such laws. The Terms of Use are governed by and are in accordance with the laws of the Commonwealth of Massachusetts, U.S.A. If you bring any legal proceedings against IntelligentMD you specifically acknowledge that IntelligentMD is free to choose the jurisdiction of our preference as to where such action against us may be held. IntelligentMD shall make such decision entirely as it suits us, without regard to where in the world you are located, or from where in the world you visited this |