Terms of Use

By Using This Site You Agree To The Following Terms and Conditions So Please Read Them Carefully

The Integrity Medical Systems, Inc. website (hereafter referred to as the Site), including but not limited to www.integritymed.com, info.integritymed.com, and its affiliated sites, provides an online resource for healthcare industry professionals. The terms and conditions expressed herein may be updated and changed periodically without further notice. Your continued use of this Site constitutes your acceptance of the terms, so if you do not agree please do not continue any use of the Site or any of its features. Integrity Medical Systems, Inc. (hereafter referred to as IMSI) may amend, change, update, terminate, rescind, suspend, or disconnect the Site or any of its separate features, information, merchandise, or services at any time; however, IMSI has no obligation to update the Site. IMSI may remove, modify, or otherwise change any content on the Site, including that of third parties, from this site. IMSI may limit or terminate any or all features, merchandise, services, access, or usage of any kind without notice or liability at its sole discretion. Any terms expressed here apply exclusively to your access to and use of the Site and do not alter the terms or conditions of any other agreement you may have with IMSI, its parents, subsidiaries, or affiliates.

Your use of the Site constitutes your acknowledgement that IMSI is not responsible if information made available on this Site is not accurate, complete, current, or otherwise does not satisfy or meet your needs. The material on this Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions of any kind. Any reliance on the material on this Site is at your own risk. This Site may contain certain historical information, which necessarily is not current and is provided for your reference only.

A. Proprietary Rights of IMSI:

1. Copyrights. All content on this Site, including but not limited to design, text, software, technical drawings, configurations, graphics, other files, and their selection and arrangement ("Content"), are either Copyright © 2001 Integrity Medical Systems, Inc., or are the proprietary property of IMSI's affiliates or licensors. All rights reserved. The Content may not be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without IMSI's prior written permission. If you are given expressed permission or access to download and print content of any kind, you agree that such content will not be used for purposes in any way competitive with, or damaging, derogatory, or negative to IMSI, and that you will keep all copyright or other proprietary notices intact. Please note that any permission or limited consent may be revoked at any time and does not include consent to republish Content in any way or to incorporate the information in any other website, database, marketing publication, or other type of compilation. Any other use of the Content is strictly prohibited. You further agree that you will not systematically extract, collect or harvest, through electronic means or otherwise, any data or data fields from this Site, including but not limited to equipment information, company information, industry information, service information, or customer information.

2. Processes. IMSI's Processes are subject to trade secret and proprietary rights. IMSI reserves all such rights. No transfer or grant of rights under any is made or is to be implied by any provision of this Terms of Use. You agree not to infringe upon IMSI’s rights or appropriate any of IMSI’s information, documents, content, employees, or Processes.

3. Trademarks. All trademarks on the Site are either trademarks or registered trademarks of IMSI and may not be copied, imitated, or used, in whole or in part, without the prior written permission of IMSI. All logos, page headers, icons, custom graphics, button icons, and scripts are service marks, trademarks and/or trade dress of IMSI or its affiliates, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of IMSI. Other trademarks, registered trademarks, product names, and company names or logos displayed on the Site are the property of their respective owners.

B. User Conduct:

1. General. In using this Site, you agree: (a) not to disrupt or interfere with the security of, or otherwise abuse or harass, the Site, or any services, system resources, accounts, employees, representatives, customers, servers or networks connected to or accessible through the Site or affiliated or linked websites; (b) not to disrupt or interfere with any other user's enjoyment of the Site or affiliated or linked Web sites;(c) not to upload, post, or otherwise transmit through or on this Site any viruses or other harmful, disruptive or destructive files; (d) not to use or attempt to use another's account, service or system without authorization from IMSI, or create or use a false identity on this Site; (e) not to transmit through or on this Site spam, chain letters, junk mail or any other type of unsolicited mass email to people or entities who have not agreed to be part of such mailings; (f) not to divulge your username and password to others either on or off the Site; (g) not to attempt to obtain unauthorized access to the Site or portions of the Site which are restricted from general access; and, (h) not use this Site to practice medicine, diagnose or treat patients, to seek, provide or obtain specific medical advice, medical opinion, diagnosis or treatment as applied to a patients particular condition or situation. In addition, you agree that you are solely responsible for actions and communications undertaken or transmitted under your account, and that you will comply with all applicable local, state, national and international laws and regulations, including but not limited to United States export restrictions and trade prohibitions, that relate to your use of or activities on this Site. This Site is controlled and operated in the United States. If you are in a jurisdiction which restricts you from accessing this Site, do not access or use this Site. IMSI makes no representation that the Site is appropriate or available for use outside the United States.

2. Interactive. The Site contains areas where you may post and share comments with other Site users on a variety of subjects. You agree that you will not post or otherwise disseminate on or through the Site unlawful, harassing, libelous, tortious, abusive, offensive, threatening, or obscene communications or material of any kind, or materials which infringe or violate any third party's copyright, trademark, trade secret, privacy or other proprietary or property right, or that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable law or regulation; or, that are otherwise objectionable, including without limitation, content that evidences bigotry, racism, sexism, or hatred, or that promotes illegal activities, including without limitation unauthorized uses of medical devices, or physical harm against anyone. IMSI reserves the right but not the obligation to remove any materials it deems objectionable, in its sole discretion and without any reference to you. You agree to hold harmless IMSI and its affiliates and parties with whom IMSI has contracted for purposes of hosting or maintaining this Site from all claims based upon communications made or materials posted by others or the use by third parties of this Site. You agree that any communications you transmit to anyone through the Site or copyrighted works you post on the Site, including, without limitation, questions, comments, suggestions, ideas, plans, notes, drawings, configurations, specifications, purchase orders, quotes or requests for quotes, performance data, account information, or other material, data or information (collectively, "Information"), are non-confidential and upon transmission of such Information to IMSI via email or other means you grant to IMSI an irrevocable, non-exclusive, royalty-free, sublicensable, world wide license (including but not limited to a copyright license) to use such Information in any media for any purpose. You acknowledge and agree that IMSI may use the data collected in the course of our relationship for the purposes identified in our Privacy Policy, which is incorporated by reference as if fully set forth in these Terms of Use.

3. You expressly agree that you will not upload, discuss or refer in public online interactive areas to any particular patient, any particular patient's medical condition or any other information which could identify a particular patient, and that you will take responsibility for your own adherence to HIPPA requirements in your online behavior.

D. LIMITATIONS:

All Content available through the Site, including but not limited to data, technical drawings, configurations, quote and order information, and catalog listings is believed to be accurate. However, you should independently evaluate the accuracy of the information and the usefulness for your particular needs of any content, product or service available through the Site. Specifications for products and services are subject to change without notice, and IMSI reserves the right to make changes without notice to processing, materials, or configuration. IMSI does not guarantee that products or services listed in its online catalog will be available at the time of your order. All information on the Site is subject to the disclaimers of section 8 below.

E. Links and Third Party Content; Links to Other Web Sites:

This Site may contain links to other Web sites, and possibly material, data or information provided, posted or offered by third parties, including but not limited to advertisements or postings in online community discussions. These abovementioned items are provided as a convenience and do not constitute an endorsement, sponsorship or recommendation by IMSI of -- or responsibility for -- the linked Web sites or any content, services or products available on or through such sites. You agree that neither IMSI nor its affiliates shall have any liability whatsoever to you for any such third party material, data or information.

F. DISCLAIMERS:

THE SITE, ITS CONTENTS, MERCHANDISE, AND SERVICES AVAILABLE THROUGH IT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOU EXPRESSLY AGREE THAT USE OF THIS SITE AND/OR ITS CONTENT AND/OR ITS MERCHANDISE AND SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, IMSI AND ITS AFFILIATES DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. YOU EXPRESSLY AGREE THAT USE OF THIS SITE, INCLUDING ALL CONTENT, MERCHANDISE, SERVICE, INFORMATION, DATA OR SOFTWARE DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THE SITE, IS AT YOUR SOLE RISK. YOU UNDERSTAND AND AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR BUSINESS, YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT, DATA AND/OR SOFTWARE.

YOU ACKNOWLEDGE THAT IMSI DOES NOT CONTROL INFORMATION, PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES THROUGH THE SITE. IMSI AND ITS AFFILIATES ASSUME NO RESPONSIBILITY FOR AND MAKE NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY OR USEFULNESS OF ANY ADVICE, OPINION, STATEMENT OR OTHER CONTENT OR OF ANY PRODUCTS OR SERVICES MANUFACTURED, MADE, OR DISTRIBUTED BY THIRD PARTIES THROUGH THE SITE. IMSI DOES NOT MAKE ANY WARRANTY THAT THIS SITE OR ITS CONTENT WILL MEET YOUR REQUIREMENTS, OR THAT THIS YOUR REQUIREMENTS, OR THAT THIS SITE OR ITS CONTENT, MERCHANDISE OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED. NOR DOES IMSI MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THIS SITE OR ITS CONTENT, MERCHANDISE, OR SERVICES OR AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY INFORMATION, MERCHANDISE, OR SERVICES OBTAINED THROUGH USE OF THIS SITE. IMSI ASSUMES NO RESPONSIBILITY FOR ANY DAMAGES SUFFERED BY A USER, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA FROM DELAYS, NONDELIVERIES OF CONTENT OR EMAIL, ERRORS, SYSTEM DOWN TIME, MISDELIVERIES OF CONTENT OR EMAIL, NETWORK OR SYSTEM OUTAGES, FILE CORRUPTION, OR SERVICE INTERRUPTIONS CAUSED BY THE NEGLIGENCE OF IMSI, ITS AFFILIATES, ITS LICENSORS, OR A USER'S OWN ERRORS AND/OR OMISSIONS EXCEPT AS SPECIFICALLY PROVIDED HEREIN, IMSI DISCLAIMS ANY WARRANTY OR REPRESENTATION THAT CONFIDENTIALITY OF INFORMATION TRANSMITTED THROUGH THE SITE WILL BE MAINTAINED.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM IMSI OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN WRITING IN A SIGNED PURCHASE AGREEMENT. ALL WARRANTIES ISSUED FROM IMSI MUST BE EXPRESSLY CONTAINED IN A WRITTEN PURCHASE AGREEMENT ADDRESSED TO A PURCHASER AND SIGNED BY A DESIGNATED REPRESENTATIVE OF IMSI. NO PART OF THIS WEBSITE OR ANY OTHER WEBSITE SHALL BE CONSIDERED OR USED AS A CONTRACT OR PROMISE OR WARRANTY OF ANY KIND.

G. Limitation of Liability:

UNDER NO CIRCUMSTANCES, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, SHALL IMSI OR ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM OR IN CONNECTION WITH THE USE OF OR THE INABILITY TO USE THIS SITE OR ANY CONTENT CONTAINED ON THE SITE, OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR OTHER INFORMATION THAT IS SENT OR RECEIVED OR NOT SENT OR RECEIVED, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF IMSI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THE PARTIES ACKNOWLEDGE THAT THIS IS A REASONABLE ALLOCATION OF RISK.

H. General Applicable Law:

These Terms of Use shall be governed by and construed in accordance with the laws of the State of Florida, with Lee County, Florida as legal venue, and the federal laws of the United States of America, without giving effect to its conflict of laws provisions. You agree to submit to the personal and exclusive jurisdiction of the state or federal courts located within the State of Florida with Lee County, Florida, as legal venue. These terms constitute the entire agreement between you and IMSI governing your use of the Site. Should any provision in these terms be found invalid or unenforceable for any reason, then that provision shall be deemed severable from the terms and shall not affect the validity or enforceability of the remaining provisions. You agree that any claim arising out of or related to the terms or your use of the Site or any information, opinion, consultancy, data, merchandise, or service must be filed within one year after its initial inception, purchase or contact, or be permanently barred.