ATTENTION: PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE. USING THIS WEBSITE INDICATES THAT YOU ACCEPT THESE TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, DO NOT USE THIS WEBSITE.
TERMS AND CONDITIONS
Welcome to the Medical Metrics, Inc. (“Medical Metrics”) website. We ask that all visitors to medicalmetrics.com and any other websites operated by Medical Metrics (collective, the “Site”) adhere to the following rules (“Terms and Conditions”) which govern the use of the Site and the services offered there. Please read the following Terms and Conditions carefully.
By using the Site, you understand and expressly agree to be legally bound by these Terms and Conditions and to follow these Terms and Conditions and all applicable laws and regulations governing the Site. By using the Site, you acknowledge and expressly agree that you have reviewed, understand and consent to our Privacy Policy.
We reserve the right to change these Terms and Conditions at any time, effective immediately upon posting on the Site. If you violate these Terms and Conditions, we may terminate your use of the Site, bar you from future use of the Site, and/or take appropriate legal action against you. Your use of the Site constitutes, and evidences, your agreement to be bound by these Terms and Conditions.
PERMITTED USE
Subject to these Terms and Conditions, Medical Metrics grants you a limited, personal, non-transferable, non-assignable, non-sublicenable, revocable license to access, view and make personal use of the Site to learn about, evaluate, or acquire Medical Metrics’ services or products, but not to copy, download, display, distribute, reproduce, retransmit, alter or modify any portion of the Site or the materials on the Site. Without the prior written consent of Medical Metrics or as set forth in the preceding sentence, you may not use, modify, display, copy, download, distribute, reproduce or retransmit the materials at, or downloaded from, the Site (or any information, text or documents contained therein) in any way or create any derivative work based thereon. This license does not provide you any right to make any commercial use of the Site or its contents, including but not limited to any collection and use of contents for financial gain, any derivative use of the Site or its contents, or any use of data mining, robots, or similar data gathering and extraction tools. Any commercial re-use or re-display of any content from the Site is strictly forbidden. No permission is granted to you to use, or permit others to use, Medical Metrics’ icons, site address, or other means to hyperlink other Internet sites with any page in the Site. Linking to or framing part or all of the Site is also forbidden. You must observe and follow any and all proprietary notices and copyright information on the Site. The information on the Site should not be used for diagnosing or treating a health problem or disease.
The Site contains links to third party websites as a convenience. Medical Metrics is not responsible for the content of linked third-party websites and does not make any representations or warranties regarding the content or accuracy of materials on such third party websites. If you decide to access third party websites from the Site, you do so at your own risk.
FEEDBACK
Medical Metrics welcomes inquiries and comments from visitors to the Site submitted to us via electronic mail. However, any material, information or other communication you transmit to Medical Metrics by electronic mail, including, without limitation, questions, comments, data, ideas or know-how (“Communications”) will be deemed to be non-confidential and non-proprietary and shall become the sole property of Medical Metrics. Medical Metrics will have no obligations whatsoever to you or any third party with respect to the Communications. Medical Metrics and its designees will be free to copy, disclose, distribute, retransmit, incorporate and otherwise use the Communications and all data, images, sounds, text, and other things embodied therein for any and all commercial or non-commercial purposes, without limitation and without any obligation, monetary or otherwise, owed to you or any third party. You are prohibited from transmitting to or from the Site any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material that would violate any law. Medical Metrics cannot answer electronic mail requesting personal medical advice. Please consult your healthcare provider.
COPYRIGHTS AND TRADEMARKS
Unless otherwise specified, all materials appearing on the Site, including the text, site design, graphics, logos, icons and images, as well as the selection, assembly and arrangement thereof, are the sole property of Medical Metrics © 2011, ALL RIGHTS RESERVED and are protected by United States copyright and/or trademark laws and any unauthorized use of any materials at the Site may violate copyright, trademark, and other laws. No information or statement contained in, or access through, the Site shall be construed as conferring, by implication, estoppel, or otherwise, any license or right under any patent, copyright, trademark or other intellectual property right of Medical Metrics or its affiliates or of any third party. Your use of the Site is an acknowledgement and an agreement that you have no rights to use any Medical Metrics owned trademarks without the prior written consent of Medical Metrics.
THE METHODIST HOSPITAL
“The Methodist Hospital,” the “Methodist DeBakey Heart & Vascular Center” and any related logos or marks are trademarks of The Methodist Hospital and are solely owned by The Methodist Hospital. No information or statement contained in, or access through, the Site shall be construed as conferring, by implication, estoppel, or otherwise, any license or right under any copyright, trademark or other intellectual property right of The Methodist Hospital or its affiliates or of any third party. Your use of the Site is an acknowledgement and an agreement that you have no rights to use any owned trademarks of The Methodist Hospital.
DISCLAIMER
THE SITE AND THE MATERIALS PROVIDED AT THE SITE ARE PROVIDED “AS IS” WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. MEDICAL METRICS DOES NOT REPRESENT OR WARRANT THE ACCURACY OR COMPLETENESS OF THE MATERIALS AT THE SITE OR THAT THE FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE FROM VIR– USES OR OTHER HARMFUL COMPONENTS. ALL — USERS AGREE THAT ALL ACCESS TO, AND — USE OF, THE SITE IS AT THEIR OWN RISK.
Medical Metrics may make changes to the materials at the Site, or to the products and services described in them, at any time without notice. The materials at the Site may be out of date by the time that they may be accessed or read, and Medical Metrics makes no commitment to update the materials at the Site. Information published at the Site may refer to products, programs or services that are not available in your country. Consult with Medical Metrics for information regarding the products, programs and services that may be available to you. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
LIMITATION OF LIABILITY
IN NO EVENT WILL MEDICAL METRICS OR ITS AFFILIATES, OR ANY THIRD PARTIES MENTIONED AT OR INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SITE, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF, OR RELATED TO, YOUR ACCESS, — USE, OR INABILITY TO — USE, OR THE RESULTS OF — USE, OF THE SITE, ANY WEBSITES LINKED TO THE SITE, OR THE MATERIALS OR INFORMATION CONTAINED AT ANY OR ALL SUCH SITES, OR ANY ERRORS OR OMISSIONS IN SUCH CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR — USE OF THE SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Without limiting the foregoing, Medical Metrics is not responsible or liable for any malicious code, delays, inaccuracies, errors, or omissions arising out of your use of the Site. As between you and Medical Metrics, you are assuming the entire risk as to the quality, accuracy, performance, timeliness, adequacy, completeness, correctness, authenticity, security and validity of any and all features and functions of the Site, including, without limitation, postings and materials associated with your use of the Site. Under no circumstances shall any Medical Metrics Party (as defined below) be liable for any loss or damage caused by your reliance on information obtained through the Site. It is your responsibility to evaluate the information, opinion, advice, or other content available through the Site.
INDEMNIFICATION
You hereby agree to indemnify, defend and hold Medical Metrics, its subsidiaries, and affiliates, and all of their respective officers, directors, owners, employees, agents, licensors, representatives, licensors and suppliers (collectively, the “Medical Metrics Parties” and each a “Medical Metrics Party”), harmless from and against any and all liability, losses, expenses, damages and costs (including attorneys’ fees), incurred by any Medical Metrics Party in connection with any claim arising out of your use of the Site, the content you transmit to Medical Metrics through the Site, your violation of these Terms and Conditions or your violation of the rights of any other person or entity. Medical Metrics reserves the right to assume, at its sole expense, the exclusive defense and control of any claim, action or other matter for which you are required to indemnify us, and all negotiations for settlement or compromise thereof, and you agree to fully cooperate with Medical Metrics in the defense of any such claim, action, settlement or compromise negotiations, as requested by Medical Metrics.
APPLICABLE LAWS
The Site is administered by Medical Metrics from its office in Houston, Texas. Medical Metrics makes no representation that materials at the Site are appropriate or available for use outside the United States, and access to them from territories where their contents are illegal is prohibited. You may not use or export or re-export the materials at the Site or any copy or adaptation in violation of any applicable laws or regulations including without limitation U.S. export laws and regulations. If you choose to access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with applicable local laws. These Terms and Conditions and the Privacy Policy will be governed by and construed in accordance with the laws of the State of Texas, without giving effect to any principles of conflicts of laws. All users hereof expressly consent to the exclusive jurisdiction of the state or federal courts of the State of Texas, without regard to the conflicts of laws principles of any other state or country.
MISCELLANEOUS
Entire Agreement. These Terms and Conditions and the Privacy Policy constitute the entire agreement between you and Medical Metrics and govern your use of the Site, superseding any prior agreements between you and Medical Metrics. These Terms and Conditions and the Privacy Policy cannot be changed or terminated orally.
Assignment. You agree that the Terms and Conditions may be automatically assigned, in whole or in part, by Medical Metrics or its affiliate to a third party, in our sole discretion, without notice or your consent in connection with a merger, acquisition, reorganization or sale of substantially all of our assets, in whole or in part.
No Third Party Beneficiaries. You agree that, except as otherwise expressly provided in this Terms and Conditions, there shall be no third party beneficiaries to these Terms and Conditions.
Waiver and Severability of Terms. The failure of Medical Metrics to exercise or enforce any right or provision of the Terms and Conditions or the Privacy Policy shall not constitute a waiver of such right or provision. If any provision of the Terms and Conditions or the Privacy Policy is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms and Conditions and the Privacy Policy remain in full force and effect.
Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or the Terms and Conditions or the Privacy Policy must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Electronic Signatures. You agree to be bound by any affirmation, assent, communication or agreement you transmit through the Site, including but not limited to any consent you give to receive communications from Medical Metrics solely through electronic transmission. You agree that, when in the future you click on “I agree,” “I consent,” “Submit,” or other similarly worded “button” or entry field with your mouse, keystroke or other computer device, your agreement or consent will be legally binding and enforceable and the legal equivalent of your handwritten signature.
Survival. These Terms and Conditions shall survive the revocation of your right to use the Site, as well as the termination of the operation of the Site.
HOW TO CONTACT US
Should you have other questions or concerns about these Terms and Conditions, please contact us by completing the “Contact Us” form on the Site.