• White YouTube Icon

© 2019 MediTechSafe, Inc.

MediTechSafe.com Terms of Use 

 

MediTechSafe, Inc. (collectively “we”, “us” or “MediTechSafe”) provides its proprietary software and online services (“Services”), located at meditechsafe.com and any subdomains of it to you subject to the following Terms of Use.

 

1. Applicability & Acceptance of These Terms of Use

 

By viewing, using, accessing, browsing, or submitting any content or material on the MediTechSafe Site, you agree to these Terms of Use as a binding legal agreement between you and MediTechSafe, without limitation or qualification, any conflicting terms of any other agreement such as a subscription agreement between the parties will take precedence over the terms of this Terms of Use.

 

If you do not agree to these Terms of Use, then you may not use the MediTechSafe Site. We reserve the right to modify these Terms of Use at any time without prior notice. You agree that each visit you make to the MediTechSafe Site shall be subject to the then-current Terms of Use, and continued use of the MediTechSafe Site now or following modifications to these Terms of Use confirms that you have read, accepted, and agreed to be bound by such modifications.

 

2. Your License Scope

 

We grant permission to you (which may be revoked at any time for any reason or no reason) to view the MediTechSafe Site and to download, email, or print individual pages from MediTechSafe Site in accordance with these Terms of Use provided you do not remove any trademark, copyright or other notice contained on such pages. No other use is permitted. You may not, for example, incorporate the information, content, or other material in any database, compilation, archive or cache. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, re-publish, reuse, resell, license, create derivative works from, transfer, or sell any information, content, material, software, products or services obtained from the MediTechSafe Site except as specifically noted above. Except as specifically authorized by us, you may not deep-link to the MediTechSafe Site for any purpose or access the MediTechSafe Site manually or with any robot, spider, web crawler, extraction software, automated process or device to scrape, copy, or monitor any portion of the MediTechSafe Site or any information, content, or material on the MediTechSafe Site. We reserve all of MediTechSafe’s statutory and common law rights against any person or entity who violates this paragraph. You may not link or frame to any pages of MediTechSafe Site or any content contained therein, whether in whole or in part, without prior written consent from us. Any rights not expressly granted herein are reserved.

 

3. Your Conduct

 

You agree that your use of the MediTechSafe Site and the Services on the MediTechSafe Site is subject to all applicable local, state and federal laws and regulations. You further agree:

  • to comply with US law and local laws or rules regarding online conduct and acceptable material;

  • not to use the MediTechSafe Site for illegal purposes;

  • not to commit any acts of infringement of any patent, trademark, trade secret, copyright or other proprietary rights of any party or use the Service on the MediTechSafe Site or with respect to content on the MediTechSafe Site;

  • not to attempt to gain unauthorized access to other computer systems from or through the MediTechSafe Site;

  • not to upload or transmit viruses or other harmful, disruptive or destructive files;

  • not to upload, post, email, transmit or otherwise make any content that contains any patient, medical or other protected health information regulated by the Health Insurance Portability and Accountability Act (“HIPAA”), as amended and supplemented) or any similar federal or state laws, rules or regulations;

  • not to upload any information that contains any payment card information;

  • you are responsible for obtaining assess to the Service, and that access may involve third-party fees (such as internet service provider);

  • you are responsible for all equipment necessary to access the Service;

  • not to disrupt, interfere with, or otherwise, harm or violate the security of the MediTechSafe Site, or Services, system resources, accounts, passwords, servers or networks connected to or accessible through the MediTechSafe Site or affiliated or linked sites; and or

  • otherwise, may create liability or damages to MediTechSafe.

 

4. Harm from Use

You agree that the consequences of use beyond the reasonable scope of this Terms of Use or re-publication of content or information from the MediTechSafe Site may be so serious and incalculable that monetary compensation may not be a sufficient or appropriate remedy and that we will be entitled to temporary and permanent injunctive relief to prohibit such use.

 

5. Termination and Modifications to MediTechSafe Site

We reserve the right, in MediTechSafe’s sole and absolute discretion, to modify, suspend, or discontinue at any time, with or without notice to you, the MediTechSafe Site and/or services offered on or through the MediTechSafe Site (or any part thereof), including but not limited to the MediTechSafe Site features, look and feel, and functional elements and related services.

 

6. Indemnity

You agree to indemnify and hold MediTechSafe, its parents, subsidiaries and affiliates, agents, officers, directors, or other employees harmless from any claim, demand, or damage (whether direct, indirect, or consequential), including reasonable attorneys' fees, made by anyone in connection with your use of the Service and the MediTechSafe Site, with your submissions, with any alleged infringement of intellectual property or other right of any person or entity relating to the MediTechSafe Site, your violation or breach of these Terms of Use, breach of applicable laws and any other acts or omissions relating to the MediTechSafe Site.

 

7. Disclaimer of Warranties

THE INFORMATION, CONTENT, PRODUCTS, SERVICES, AND MATERIALS MADE AVAILABLE BY MEDITECHSAFE, ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, MEDITECHSAFE, DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.

 

8. Limitation of Liability

IN NO EVENT SHALL MEDITECHSAFE, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OR DAMAGES WHATSOEVER (EVEN IF MEDITECHSAFE, HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, IN ANY MANNER ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, PERFORMANCE OF, OR SERVICES PROVIDED ON OR THROUGH MEDITECHSAFE. MEDITECHSAFE ASSUMES NO RESPONSIBILITY AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER/MOBILE DEVICE, EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, BROWSING OF, OR DOWNLOADING OF ANY MATERIAL FROM MEDITECHSAFE SITE. MEDITECHSAFE, ASSUMES NO RESPONSIBILITY OR LIABILITY IN ANY MANNER ARISING OUT OF OR IN CONNECTION WITH ANY INFORMATION, CONTENT, PRODUCTS, SERVICES, OR MATERIAL AVAILABLE ON OR THROUGH MEDITECHSAFE SITE, AS WELL AS ANY THIRD PARTY WEBSITE PAGES OR ADDITIONAL WEBSITES LINKED TO THIS SITE, FOR ANY ERROR. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL MEDITECHSAFE'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEED (A) THE AMOUNT PAID BY YOU TO MEDITECHSAFE LLC OR (B) $10,000 WHICHEVER IS LOWER.

 

YOU AND MEDITECHSAFE, AGREE THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY IN THESE TERMS OF USE ARE MATERIAL, BARGAINED-FOR BASES OF THIS AGREEMENT, AND THAT THEY HAVE BEEN TAKEN INTO ACCOUNT IN DETERMINING THE CONSIDERATION TO BE GIVEN BY EACH PARTY UNDER THIS AGREEMENT AND IN THE DECISION BY EACH PARTY TO ENTER INTO THIS AGREEMENT. YOU AND MEDITECHSAFE, AGREE THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY IN THESE TERMS OF USE ARE FAIR AND REASONABLE.

 

IF YOU ARE DISSATISFIED WITH THE SITE OR DO NOT AGREE TO ANY PROVISIONS OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE, EXCEPT AS MAY BE PROVIDED FOR IN THIS SECTION.

 

9. Your Account, Password, and Security

Use of the MediTechSafe’s services requires you to register and/or create an account with us. To register and create an account, you must select an account designation and password and provide certain personal information to MediTechSafe as set forth in the MediTechSafe Privacy Policy. In consideration of the use of MediTechSafe's services, You agree to: (a) provide true, accurate, current and complete information about you as prompted by the registration form, and (b) maintain and promptly update the personal information provided to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or MediTechSafe has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, MediTechSafe has the right to refuse any and all current or future use of MediTechSafe (or any portion thereof).

You are responsible for maintaining the confidentiality and security of your account and password, and you are fully responsible for all activities that occur under your password or account, and for any other actions taken in connection with the account or password. You agree to (a) immediately notify us of any known or suspected unauthorized use(s) of your password or account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password; and (b) ensure that you exit from your account at the end of each session. We will not be liable for any injury, loss or damage of any kind arising from or relating to your failure to comply with (a) and (b) or for any acts or omissions by you or someone else using your account and/or password.

10. Links

As a courtesy to you, the MediTechSafe Site may offer links to other websites/applications. Some of these websites may be affiliated with MediTechSafe, while others are not. We are not responsible for the contents of any website/application pages created and maintained by organizations independent of MediTechSafe. Visiting any such third-party website/application pages is at your own risk. We have no control of these third-party website/application pages, nor can we guarantee the accuracy, completeness, or timeliness of information in third-party website/application pages. Your use of such information is voluntary, and your reliance on such information should be made only after independent review. References to commercial products or services within any such third-party website/application pages do not constitute or imply an endorsement by MediTechSafe. By using the MediTechSafe Site you acknowledge that MediTechSafe, is responsible neither for the availability of, nor the content located on or through any third-party website/application pages.

 

11. Trademarks

Marks, logos, and names of MediTechSafe, used on or in connection with MediTechSafe Site may not be used in connection with any product or service that is not under MediTechSafe's ownership or control. Furthermore, such trademarks may not be used in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits MediTechSafe. All other trademarks not owned by MediTechSafe, (or its affiliates) which appear on MediTechSafe website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by MediTechSafe or its affiliates.

 

12. Consideration

You acknowledge that these Terms of Use are supported by reasonable and valuable consideration, the receipt and adequacy of which are hereby acknowledged. Without limiting the foregoing, you acknowledge that such consideration includes, without limitation, your use of MediTechSafe Site and receipt or use of data, content, products and/or services through MediTechSafe Site.

 

13. Jurisdiction, Applicable Law, and Limitations

This Site is created and controlled by MediTechSafe, Inc. in the State of Delaware, U.S.A. You agree that these Terms of Use will be governed by and construed in accordance with the laws of the United States of America and the State of Delaware, without regard to its conflicts of law provisions. Use of the MediTechSafe Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms of Use. MediTechSafe makes no claims or assurances that MediTechSafe website is appropriate or may be downloaded outside of the United States.

 

14. General

Enforceability

If any portion of these Terms of Use is found to be void, invalid or otherwise unenforceable, then that portion shall be deemed to be superseded by a valid, enforceable provision that matches the intent of the original provision as closely as possible. The remainder of these Terms of Use shall continue to be enforceable and valid according to terms contained herein.

 

Entire Agreement

Except as expressly provided in a particular "Legal & Privacy" posting or other notice on particular pages of the MediTechSafe Site, these Terms of Use, which hereby incorporate by reference the terms of MediTechSafe's Privacy Policy, constitute the entire agreement between you and MediTechSafe, superseding all prior agreements regarding the MediTechSafe Site.

 

No Waiver

The failure of MediTechSafe to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of said right or provision. Neither party hereto shall be deemed to be in default of any provision of the Terms of Use or for failure in performance resulting from acts or events beyond the reasonable control of such party and arising without its fault or negligence, including, but not be limited to, acts of God, civil or military authority, interruption of electric or telecommunication services, airlines, airport authorities, civil disturbances, acts of war or terrorists, strikes, fires, floods or other catastrophes.

 

Headings & Construction

The section titles in the Terms of Use are for your convenience only and carry no contractual or legal effect whatsoever. The language in these Terms of Use shall be interpreted in accordance with its fair meaning and shall not be strictly interpreted for or against either party.

 

15. Contact MediTechSafe

For purposes of providing notice of cancellation or termination, contact us at support@MediTechSafe.com

 

Effective Date: September 4, 2017. Las updated: March 17, 2018