Terms of Service
Your access and use of this website located at www.med-mizer.com (the “website”) constitutes your acknowledgement, acceptance and agreement to the terms and conditions set forth below, as well as the website Privacy Policy located at www.med-mizer.com. You are not authorized to access and use this website if you do not agree to these Terms of Use and the Privacy Policy.
Med-Mizer Inc. (“Med-Mizer”) maintains this website as a service to the Internet community. This website has been designed to provide general information about Med-Mizer and its products. These pages are not intended to provide medical advice, nor do they provide instruction on the appropriate use of products produced or supplied by Med-Mizer, its affiliates, related companies, or its licensors or joint venture partners. YOU ARE ADVISED TO SEEK THE ADVICE OF A PROFESSIONAL REGARDING YOUR OWN INDIVIDUAL HEALTH QUESTIONS OR CONCERNS.
Warranty Disclaimer; Accuracy of Information.
MED-MIZER DOES NOT MAKE ANY REPRESENTATIONS, AND, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, HEREBY DISCLAIMS ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES OF ANY KIND WITH RESPECT TO THIS WEBSITE AND THE CONTENT, INCLUDING, BUT NOT LIMITED TO, THOSE REGARDING NONINFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE, OR ANY REPRESENTATIONS OR WARRANTIES ARISING FROM USAGE OR CUSTOM OR TRADE OR BY OPERATION OF LAW.
Without limiting the generality of the foregoing, Med-Mizer makes no warranties or representations as to the accuracy of information presented on this website. Information on this website may contain technical inaccuracies or typographical errors. Information may be changed or updated without notice. Med-Mizer shall not be held responsible for any action taken that is based on the information presented on the website, and all users of this website agree that all access and use of the website, and any and all Content presented on the website, is at the user’s own risk.
Links to Other Sites; Promotions.
To the extent that this website contains links to other Internet sites, Med-Mizer has no control of the information contained in such other sites, nor has Med-Mizer ensured the accuracy of information presented at such other sites. Med-Mizer is not recommending or endorsing any goods, services, advice or information described on those websites. Med-Mizer shall have no liability for the content of such websites or the use of any personal information that you provide to any such website.
Any and all caching, hypertext linking to the Med-Mizer website or framing of any Content is prohibited without Med-Mizer’s prior written consent. Med-Mizer reserves the right to disable any unauthorized links or frames.
Med-Mizer may run advertisements and promotions from third parties on the website. Your business dealings or correspondence with, or participation in promotions of, advertisers other than Med-Mizer, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. Med-Mizer is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of third-party advertisers on the website. Any contests or promotions sponsored by Med-Mizer itself are subject to the rules and terms and conditions provided by Med-Mizer at the time of such contest or promotion.
Intellectual Property.
This website, including without limitation, any information, software, photographs, images, video, audio, graphics, logos or marks on the website (“Content”), and all patent, copyright, trademark, trade dress, domain name and other rights (“Intellectual Property”), whether now existing or hereafter coming into existence, is the sole property of Med-Mizer. All trademarks not owned by Med-Mizer that appear on this website are the property of their respective owners. Third-party manufacturer names, company designations, and trademarks are included in this website for identification purposes only. Your use of the website and Content is further subject to and conditioned upon your compliance with all applicable Intellectual Property laws and any additional restrictions set forth herein and on the website.
Your Limited Usage Rights.
You may view and print the Content on the website for any legitimate personal non-commercial purpose. You may also download a single, unaltered, permanent copy or one temporary copy in a single computer’s memory of any Content for your personal, non-commercial use only, provided you keep intact all trademark, copyright and other proprietary notices. All rights not expressly granted herein are reserved and nothing contained herein should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of the Content other than as set forth herein.
Restrictions.
You do not have the right to sell, license, rent, modify, print, copy, reproduce, download, transmit, distribute, disseminate, publicly display, publicly perform, publish, edit, adapt, compile or create databases, directories or other derivative works from any Content unless we give you prior written permission or to the extent that you can demonstrate that the foregoing constitutes fair use under United States copyright laws.
You may not use the website for any unlawful purpose or in any manner that could damage, disable, overburden or impair any Med-Mizer server, or the network(s) connected to them, or interfere with any other party’s use and enjoyment of this website. You may not attempt to gain unauthorized access to this website through hacking or other means or disrupt or intercept any information on this website or on any of our servers, nor may you attempt to circumvent any security features of our website.
All product names, regardless of whether or not they appear in large or italicized print or with the trademark or registered trademark symbols, are trademarks of Med-Mizer, its affiliates, related companies, or its licensors or joint venture partners. Any other trademarks or service marks referred to are the trademarks or service marks of their respective companies.
Non-Confidentiality; License to Med-Mizer.
Any communication or material you transmit to Med-Mizer via the Med-Mizer website or Internet electronic mail is transmitted by you on a non-confidential basis. By sending Med-Mizer any information, feedback or other material, you grant Med-Mizer an unrestricted, irrevocable, perpetual, fully paid, royalty-free license to use, reproduce, display, perform, modify, transmit and distribute those materials or information in any media now known or hereafter coming into existence, and you also agree that Med-Mizer is free to use any ideas, concepts, know-how or techniques that you send us for any purpose. However, we will not release your name or otherwise publicize the fact that you submitted materials or other information to us unless: (a) we ask your permission to use your name; or (b) we first notify you that the materials or other information you submit to a particular part of this website will be published or otherwise used with your name on it; or (c) we are required to do so by law.
Limitation of Liability; Exclusion of Damages.
IN NO EVENT SHALL MED-MIZER OR ANY THIRD PARTY PROVIDER OR ANY OF THEIR RESPECTIVE AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY CLAIM ARISING OUT OF OR RELATING TO THIS WEBSITE OR ANY CONTENT, INCLUDING, BUT NOT LIMITED TO, ANY DECISION OR ACTION TAKEN IN RELIANCE UPON SUCH CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, IN NO EVENT SHALL MED-MIZER OR ANY THIRD PARTY PROVIDER OR ANY OF THEIR RESPECTIVE AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO ANYONE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, CONSEQUENTIAL DAMAGES OR ANY OTHER LOSS OR INJURY CAUSED IN WHOLE OR IN PART IN RELATION TO THIS WEBSITE OR ITS CONTENT.
Some States do not allow excluding or limiting implied warranties, or liability for incidental or consequential damages. Therefore, the above limitations may not apply to you.
Indemnity.
You agree to indemnify and hold harmless Med-Mizer and its affiliates and their officers, directors, employees and agents from any and all claims and losses imposed on, incurred by or asserted as a result of or related to your noncompliance with these website Terms of Use.
Governing Law and Venue.
This Agreement shall be governed by the laws of the State of Indiana, without regard to any principles of conflicts of law. You agree that any legal action arising out of or relating to these Terms of Use will be filed only in the state or federal courts located in Ripley County, Indiana, that you irrevocably consent and submit to the exclusive personal jurisdiction of those courts for the purpose of litigating any such action; and that you waive any jurisdictional, venue or inconvenient forum objections to such court.
Entire Agreement; Severability; Waiver.
These Terms of Use and the Privacy Policy constitute the entire agreement between you and Med-Mizer relating to the use of the website. Additional terms and conditions may apply when you use any third party content or access any linked websites. If a court of competent jurisdiction finds any provision of these Terms of Use invalid or unenforceable, such decision shall not affect the validity or enforceability of the Agreement or any of the remaining provisions and these Terms of Use shall be construed by adding a valid provision which effectuates the intent of the invalid provision as nearly as lawfully possible. The waiver by Med-Mizer of any right, claim, default or breach of these Terms of Use will not constitute a waiver of any other or subsequent right, claim, default or breach.
Modifications.
Med-Mizer may change or discontinue any aspect, feature or service on the website at any time, including, without limitation, content, hours of availability and equipment needed for access or use. Med-Mizer may also modify these website Terms of Use at any time, in its sole discretion. All modifications will be effective immediately upon our posting of the modifications on this website, and you are responsible for reviewing these Terms of Use each time you access this website so that you are aware of such modifications.
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