May 29, 2015
THIS FOLLOWING USER AGREEMENT DESCRIBES THE TERMS AND CONDITIONS ON WHICH HCS, INC. OFFERS YOU ACCESS TO THEIR WEBSITE.
Healthcare Control Systems, Inc. (“HCS”) provides you with access to and use of HCS’s website (“Site”) and the content thereon, subject to the following terms and conditions (“Terms”). Please read all of these Terms carefully, as your continued use of this Site will indicate that you have read and understood these Terms and that you agree to be bound by these Terms. The Terms are subject to change without notice, so please read them regularly when accessing this Site, as your use of the Site will indicate your agreement to be bound by the Terms then provided in this section of the Site. If you do not wish to be bound by these Terms, please exit this Site immediately.
- HCS hereby grants you a limited, non-exclusive license to use the contents of this Site, including but not limited to all text, data, graphics, software, video, and animation contained on the Site (collectively “Content”), solely for the purpose of obtaining information about HCS, its products and services (“Purpose”), and all other uses are expressly prohibited.
- You may not copy, display, distribute, or modify any Content of the Site without the express written consent of HCS. Notwithstanding the foregoing, you may download Content from the Site to any single computer solely for the Purpose described above provided that you maintain all copyright, trademark, and other legal notices intact, and comply with any applicable end-user license agreements.
- The Content of this Site may be protected, in whole or in part, by intellectual property laws of the United States and other countries, including but not limited to copyright, trademark, and patent laws. Except for the limited license provided above, no other right or license is granted to use any copyrighted Content or trademarks (registered or unregistered) of HCS or any third party, which are provided on this Site. Nothing on this Site constitutes any grant of license, or offer to grant a license of any kind, express or implied, under any Patents owned or licensed by HCS, and any and all implied licenses under any such patents are expressly disclaimed.
- In accessing this Site, you agree that you will not: (1) take any action that in any way interferes with or imposes any unreasonable burden upon the Site or its normal operation; (2) attempt to decipher, decompile, disassemble, or reverse engineer any of the software available upon or underlying the operation of the Site; (3) delete or alter in any way any Content on the Site; (4) post any unlawful, indecent, defamatory, obscene, scandalous, inflammatory, pornographic, or profane materials to the Site; (5) post any proprietary, confidential, or private information of any third party without having first obtained all licenses and/or approvals; (6) post any material the posting of which will give rise to criminal or civil liability under the laws of the jurisdiction from which you are posting, the laws of the State of Texas, and/or the laws of the United States. HCS reserves the right under these Terms to disclose the identity of anyone violating the foregoing provisions to relevant law enforcement agencies whenever it is legally obliged to do so, or to otherwise protect the interests of HCS.
- Unless otherwise expressly provided, nothing on this Site constitutes any offer or invitation to conduct business in any jurisdiction, and any implied offers are expressly disclaimed.
- Except as expressly provided elsewhere herein, on the Site, or in a separate written agreement with HCS, any information, feedback, comments, or other submissions made to HCS will be treated as non-confidential and non-proprietary. Accordingly, you represent and warrant that you will not submit any proprietary or confidential information, feedback, comments, or other submissions to HCS, and that any information, feedback, comments, or other submissions submitted to HCS shall become the property of HCS.
II. No Warranties and Limitation of Liability
- HCS provides access to, and Content on the Site on an “as is” basis, and makes no warranties, express or implied, of any kind with respect to the Site or its Content. Without limiting the foregoing, HCS specifically excludes and disclaims any warranties or representations as to the accuracy, completeness, timeliness, relevance, objectivity, or fitness for any particular purpose of any of the Content, or that any of the Content on the Site does not infringe the intellectual property rights of third parties. HCS makes no warranties or representations, that the Site or its Content, including but not limited to downloadable Content, will run or display properly on your computer or that such Content is free from viruses, ad-ware, or other destructive programs or features, that may infect your computer, when accessing this Site or the Content thereof, or any websites linked to this Site.
- This Site is operated by HCS from the U.S.A., and HCS makes no representations or warranties that access to and use of the Site from other countries is possible, appropriate, or legal in such other countries. By accessing this Site, you acknowledge that you are doing so at your own risk, and you represent and warrant that you are in compliance with all laws and regulations of the jurisdiction from which you are accessing the Site.
- Your access to and use of the Site and its Content is at your own risk, and HCS, its officers, directors, employees, agents, contractors, and affiliates will not be liable, and assume no liability, on any basis, for any direct, indirect, incidental, consequential, punitive, or special loss or damages, arising out of your access to and use of the Site, whether such damages arise under tort (including negligence), contract, or any other theory of liability. The foregoing may not apply in those jurisdictions that prohibit such limitations of liability.
- In addition to the foregoing, and to the extent permitted by law, HCS expressly disclaims and excludes any and all warranties, representations, liabilities, and obligations, express or implied, of any kind (including but not limited to any conditions of satisfactory quality, fitness for a particular purpose, or use of skill and/or care), which might otherwise be implied or incorporated into these express terms and conditions, whether by statute, law, or otherwise.
- Notwithstanding any of the foregoing, nothing provided herein is intended to relieve HCS of liability arising from HCS intentional or negligent publication on the Site of Content that is fraudulent, libelous, or defamatory, or for which the publication of such Content is illegal.
III. Hyperlinks to or from the Site
- Linking from HCS’ Site: This Site may include hyperlinks to other websites owned, managed, and/or operated by third parties, which third party websites may have their own terms and conditions of use associated therewith. The hyperlinks to these third party websites are provided solely for your convenience and do not constitute any endorsement, recommendation, affirmation, or statement of affiliation by HCS with respect to such third party or such third party’s website or the content thereof. HCS makes no representations or warranties connected with your access to and use of such third party websites or the content thereof. Without limiting the foregoing, HCS assumes no liability for any damages arising out of your access to and use of any third party websites hyperlinked to the Site, or any content on such third party websites, and by linking to or otherwise accessing such third party websites, you expressly acknowledge that HCS shall have no liability for your access to or use of such third party websites, and you expressly waive any claim, suit or action for damages against HCS arising out of your access to and use of any third party websites.
- Linking to HCS’ Site: Except as specifically provided herein, you may not create hyperlinks to this Site. You may provide hyperlinks to the Site on a non-commercial, not-for-profit website, or within any non-commercial software application, that is freely accessible by the public at no charge. If you desire to link to this Site in any other manner, you must first obtain HCS’ written permission to do so. You may not link to this Site in any manner which states or implies any affiliation between you or your organization and HCS, or any sponsorship, endorsement, approval, or recommendation of you or your organization by HCS, without the express written approval of HCS. Any permitted link to this Site must clearly identify HCS as the owner of this Site. HCS reserves the right to redirect (to any page it chooses) or block any links to the Site.
You agree to defend, indemnify, and hold harmless HCS, its officers, directors, employees, agents, contractors, and affiliates, from and against any claims, actions, demands, or suits, including, without limitation, reasonable attorneys’ fees, arising from your access to and use of Site and Content, or any breach of the Terms.
V. Governing Law
These terms and conditions shall be interpreted according to the laws of the State of Texas, without regard to its conflicts of laws provisions, and the laws of the United States of America. Any action arising from access to or use of the Site, and/or involving these terms and conditions, shall be brought in the state courts in the State of Texas, County of Travis, or in the United States Western District Court for Texas, and you hereby consent to jurisdiction of such courts in any action.
HCS may, in its sole discretion, modify, restrict, or terminate this agreement, any of the Terms, and/or your continued access to and use of the Site and its Content, at any time and without notice or liability.