TERMS AND CONDITIONS

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS SITE

The MedAware Solutions Inc. (“MedAware”) web site, including but not limited to medawaresolutions.com, (the “Site”) is owned and operated by MedAware, a Missouri limited liability company, with its principal place of business located at 1101 Lucas Avenue, Suite 600, St. Louis, MO 63101.

The Site’s Terms of Use (“TOU”), set forth herein, may be changed from time to time and without public notice. Your continued use of the Site after any such changes constitutes your acceptance of any new terms. If you do not agree to abide by these or any future terms, please cease interacting with the Site.

MedAware may terminate, replace, supplement, suspend, or discontinue any aspect of the Site, including the availability of any features, at any time. MedAware may remove, modify, or otherwise change any content, including that of third parties, on or from this Site. MedAware may impose limits on certain features and services or restrict your access to parts or the entire Site without notice or liability. MedAware may terminate your use of the Site at any time in its sole discretion. These terms 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 MedAware.


Proprietary Rights.

Copyrights. All content on the Site, including but not limited to design, text, software, technical drawings, configurations, graphics, other files, and their selection and arrangement are either Copyright © 2014 MedAware Solutions, Inc., or are the property of MedAware’s affiliates or licensors. All rights reserved.

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

Patents. MedAware’s products and processes may be covered by one or more patents and may be subject to other trade secret and proprietary rights. MedAware reserves all such rights. No transfer or grant of rights under any patents is made or is to be implied by any provision of these TOU. You agree not to infringe upon such rights or decompile, reverse engineer, or disassemble any of MedAware products or processes.

Software. Any software, including any files, images generated by the software, code, and data accompanying the software (collectively, the “Software”), used or accessible through this Site may be used by you solely for accessing and using this Site for purposes expressly stated on the Site, provided that such uses are not competitive with or derogatory to MedAware or any of its affiliates or licensors. MedAware retains full and complete title to and all intellectual property rights in the Software. You agree not to copy, distribute, sell, modify, decompile, reverse engineer, disassemble or create derivative works from any Software.


User Conduct – General.

In using this Site, you agree:

  • Not to disrupt or interfere with any other user’s enjoyment of the Site or affiliated or linked Web sites
  • Not to upload, post, or otherwise transmit through or on this Site any viruses or other harmful, disruptive or destructive files
  • Not to disrupt or interfere with the security of, or otherwise abuse, the Site, or any services, system resources, accounts, servers or networks connected to or accessible through the Site or affiliated or linked Web sites
  • 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
  • Not use this Site to seek, provide, or obtain specific medical advice, medical opinion, diagnosis or treatment as applied to a patient’s particular condition or situation
  • Not to use or attempt to use another’s account, service or system without authorization from MedAware, or create or use a false identity on this Site
  • Not to divulge any usernames and/or passwords associated with the Site
  • Not to attempt to obtain unauthorized access to the Secure Sites

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, 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 that restricts you from accessing this Site, do not access or use this Site. MedAware makes no representation that the Site is appropriate or available for use outside the United States.


Online Communications On and Through the 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 MedAware via email or other means you grant to MedAware 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.


Privacy Policy.

You acknowledge and agree that MedAware 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 TOU.


Links and Third-Party Content.

Links to Other Web Sites. This Site may from time to time contain links to other Web sites. These links are provided as a convenience and do not constitute an endorsement, sponsorship, or recommendation by MedAware of the linked Web sites or any content, services, or products available on or through such sites. MedAware does not accept any responsibility for the content that may appear on any liked sites.

Links from Other Web Sites. All links to this Site must be approved in writing by MedAware, except that MedAware consents to links in which:

  • The link is a text-only link containing only the title of the home page of this Site
  • The link “points” only to the home page of the Site and not to deeper pages
  • The link, when activated by a user, displays this home page of the Site full-screen and not within a “frame” on the linked Web site, and the appearance, position, and other aspects of the link does not create the false appearance that an entity or its activities or products are associated with or sponsored by MedAware or its affiliates
  • Be such as to damage or dilute the goodwill associated with the name and trademarks of MedAware or its affiliates. MedAware reserves the right to revoke this consent to link at any time in its sole discretion

Third-Party Content. This Site may from time to time contain material, data, or information provided, posted, or offered by third parties, including but not limited to advertisements or postings in online community discussions. You agree that neither MedAware nor its affiliates shall have any liability whatsoever to you for any such third-party material, data, or information.


Disclaimers.

THIS SITE AND THE CONTENT 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 IS AT YOUR SOLE RISK.

TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, MEDAWARE 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, 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 MEDAWARE DOES NOT CONTROL INFORMATION, PRODUCTS, OR SERVICES OFFERED BY THIRD PARTIES THROUGH THE SITE. EXCEPT AS OTHERWISE AGREED IN WRITING, MEDAWARE 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 DISTRIBUTED OR MADE AVAILABLE BY THIRD PARTIES THROUGH THE SITE.

MEDAWARE DOES NOT WARRANT THAT THIS SITE OR ITS CONTENT WILL MEET YOUR REQUIREMENTS, OR THAT THIS SITE OR ITS CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED. NOR DOES MEDAWARE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THIS SITE OR ITS CONTENT OR AS TO THE ACCURACY, COMPLETENESS, OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH USE OF THIS SITE.

MEDAWARE 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 MEDAWARE, ITS AFFILIATES, ITS LICENSORS, OR A USER’S OWN ERRORS AND/OR OMISSIONS. EXCEPT AS SPECIFICALLY PROVIDED HEREIN, MEDAWARE 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 MEDAWARE OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN WRITING.


Limitation of Liability.

UNDER NO CIRCUMSTANCES, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, SHALL MEDAWARE 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 MEDAWARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE PARTIES ACKNOWLEDGE THAT THIS IS A REASONABLE ALLOCATION OF RISK.


General.

Applicable Law. These TOU shall be governed by and construed in accordance with the laws of the State of Missouri, 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 City of Saint Louis, State of Missouri.


Other.

These TOU constitute the entire agreement between you and MedAware governing your use of the Site. Should any provision in these TOU 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 must be filed within one year after it arose or be permanently barred.