MedArray offers you access to this website based strictly on the terms contained in this Agreement. By using this site you are accepting and agreeing to be bound by each of the terms contained in this Agreement. MedArray may modify this Agreement at any time. Amended terms are effective upon being posted. You should, therefore, review this Agreement from time to time. Your access and use of this website after the effective date of amended terms means that you have accepted the amended terms. This Agreement cannot be otherwise amended except in a writing signed by both you and MedArray.
I. COPYRIGHT & TRADEMARKS: All of the content included on this website, including the text, graphics, logos, icons, screens and configurations, is the property of MedArray or its licensors and is protected by U.S. and international copyright and trademark laws. All software used on this website is the property of MedArray or its software suppliers and is also protected by U.S. and international copyright laws. You do not acquire any ownership rights by printing or downloading any information or using this website. Any use of the content or software on this website other than for the express services provided, including reproducing, modifying, distributing, transmitting, replicating or public exhibition is strictly prohibited.
II. PROHIBITED ACTIVITIES: A. You may not place any content on this website that, in MedArray’s sole determination, is: ·Fraudulent, false or misleading ·Harassing ·Illegal, abusive or threatening ·Infringing of the copyrights and trademarks of others ·Sexually explicit ·Obscene or pornographic ·Defamatory or libelous ·Is or may be harmful to minors B. You may not use this website for any commercial or political advertisements, solicitations or promotions. C. You may not upload any destructive programs such as viruses and/or self-replicating code or take any other actions to harm this website.
III. LINKS: As a convenience, this website may contain links to other Internet sites that are owned and operated by third parties. By offering you these links, MedArray is not endorsing any of the other sites and MedArray has no responsibility for the content of third party sites. You access linked sites at your own risk.
IV. DISCLAIMERS: THIS WEBSITE IS PROVIDED BY MEDARRAY ON AN “AS IS” BASIS AND THE USE OF THIS WEBSITE IS ENTIRELY AT YOUR OWN RISK. MedArray MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON THIS SITE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND THE STATUTORY WARRANTY AGAINST NON-INFRINGEMENT. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY MEDARRAY OR ITS EMPLOYEES OR REPRESENTATIVES, WILL CREATE A WARRANTY AND YOU MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE. This Section shall survive any termination of this Agreement.
V. LIMITATION OF LIABILITY: NEITHER MedArray NOR ANY OF ITS REPRESENTATIVES, AFFILIATES, LICENSORS OR CONTENT PROVIDERS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF THE SERVICES OR TRANSACTIONS THROUGH THIS WEBSITE OR THE INABILITY TO GAIN ACCESS TO THIS WEBSITE. YOU AGREE THAT, IN NO EVENT SHALL MEDARRAY OR ITS OFFICERS, DIRECTORS, OWNERS, INDEPENDENT CONTRACTORS, EMPLOYEES, AGENTS, LICENSORS OR AFFILIATES BE LIABLE, AND YOU RELEASES ALL SUCH PERSONS FROM ANY LIABILITY, DIRECTLY OR INDIRECTLY, TO YOU FOR ANY LOSS, DAMAGE, LIABILITY OR EXPENSE ARISING OUT OF OR RELATED TO THE USE OF THIS WEBSITE OR THE USE OF THE SERVICES THROUGH THIS WEBSITE REGARDLESS OF WHETHER SUCH LOSS, DAMAGE, LIABILITY OR EXPENSE RESULTS DIRECTLY OR INDIRECTLY FROM MEDARRAYS NEGLIGENCE. This Section shall survive any termination of this Agreement.
VI. INDEMNIFICATION: You agree to indemnify MedArray and its officers, directors, owners, independent contractors, employees, agents and affiliates for and from any loss by reason of, in any way relating to, or arising out of: (a) your use of this website and any violation of any law, rule or regulation arising out of such use; (b) any misuse of information, including email addresses and email content arising out of or relating to your use of this website; and (c) any violation of this Agreement.
VII. APPLICABLE LAW AND JURISDICTION: This Agreement shall be construed and governed by the laws of the State of Michigan, United States of America and not by the application of choice of law principles or the laws of any other state or country. You agree that the federal and state courts located in Washtenaw, County, Michigan shall have exclusive jurisdiction and venue over any action brought to enforce the rights and obligations in or arising from this Agreement and each of the parties irrevocably submits to the jurisdiction of such courts.
VIII. FORCE MAJEURE: MedArray will not be liable in any amount for failure to perform under this Agreement if such failure is caused by power outages, Internet outages, communications outages, fire, flood, earthquakes, tornadoes, war, acts of God or the occurrence of any other unforeseen contingency beyond the control of MedArray.
IX. ENTIRE AGREEMENT; NON-SEVERABILITY: This Agreement constitutes the entire agreement between you and MedArray and supercedes all prior agreements and understandings, whether written or oral, with respect to the subject matter of this Agreement. If any term, provision, covenant or restriction of this Agreement is held by a court of competent jurisdiction or other authority to be invalid, void, unenforceable or against public policy, the remainder of this Agreement shall remain in full force and effect and the unenforceable portion will be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties.