Last revised 4 Jun, 2014
1. Ownership Of The Site
All pages within this Site and any material accessed, sent or made available for use or download through this Site are the property of Sentius Technologies (“Company”) or its licensors. The Site is protected by United States and international copyright and trademark laws. The Contents of the Site, including without limitation, files, documents, text, copy, graphics, illustrations, photographs, images, audio, video and other visuals, and any materials accessed, sent or made available for use or download through this Site (“Content”) may not be copied, distributed, modified, reproduced, published or used, in whole or in part, except for purposes authorized or approved in writing by Company. You may not frame or utilize framing techniques to enclose, or deep link to, any name, trademarks, service marks, logo, Content or other proprietary information (including images, text, page layout, or form) of Company without our express written consent.
2. Site Security
You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; or (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; or (c) accessing or using the Site or any portion thereof without authorization, in violation of these Terms of Service or in violation of applicable law. Violations of system or network security may result in civil or criminal liability. Company will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site.
3. Accuracy and Integrity of Information
Although Company attempts to ensure the integrity and accurateness of the Site, it makes no representations, warranties or guarantees whatsoever as to the correctness or accuracy of the Site and any Content. It is possible that the Site or any Content could include typographical errors, inaccuracies or other errors, and that unauthorized additions, deletions and alterations could be made to the Site by third parties. In the event that an inaccuracy arises, please inform Company so that it can be corrected. Information contained on the Site may be changed or updated without notice. Additionally, Company shall have no responsibility or liability for information or Content posted to, accessed through, sent through or made available for use or download through the Site by any health care providers or non-Company affiliated third party.
4. Access to Site; Indemnification
For those portions of the Site that have access limited by requiring a user ID and password (“Protected Areas”), you agree to access Protected Areas using only your user ID and password as provided to you by Company. You agree to protect the confidentiality of your user ID and password, and not to share or disclose your user ID or password to any third party. You agree that you are fully responsible for all activity occurring under your user ID. Your access to the Site may be revoked by Company at any time with or without cause. You agree to defend, indemnify and hold Company harmless from and against all third party claims, damages and expenses (including reasonable attorneys fees) against or incurred by Company arising out of your breach of these Terms of Service or violation of applicable law, your use or access of the Site and/or any Content, or access by anyone accessing the Site and/or any Content using your user ID and password.
5. Links to Other Sites
Company makes no representations whatsoever about any other website that you may access through this Site. When you access a non-Company site, please understand that it is independent from Company, and that Company has no control over the Content on that website. In addition, a link to a non-Company website does not mean that Company endorses or accepts any responsibility for the Content, or the use, of the linked site. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature. If you decide to access any of the third party sites linked to this Site, you do this entirely at your own risk.
6. Submissions, Reviews, Feedback and other Postings to the Site
If you submit, upload or post any comments, ideas, suggestions, information, files, images or other materials to us or our Site (“Submissions”, which defined term does not include any information that constitutes “Protected Health Information” under the Health Insurance Portability and Accountability Act) you agree not to provide any Submissions that (1) are defamatory, abusive, libelous, unlawful, obscene, threatening, harassing, fraudulent, pornographic, or harmful, or that could encourage criminal or unethical behavior, (2) violate or infringe the privacy, copyright, trademark, trade dress, trade secrets or intellectual property rights of any third person or entity, or (3) contain or transmit a virus or any other harmful component. You agree not to contact other Site users, including health care providers, through unsolicited e-mail, telephone calls, mailings or any other method of communication. Company shall have a royalty-free, irrevocable, transferable right and license to use the Submissions however Company desires, including without limitation, to copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such Submissions and/or incorporate such Submissions into any form, medium or technology throughout the world. Company is and shall be under no obligation (1) to maintain any Submissions in confidence; (2) to pay to you any compensation for any Submissions; or (3) to respond to any user Submissions.
Company does not regularly review posted Submissions, but does reserve the right (but not the obligation) to monitor and edit or remove any Submissions submitted to the Site. You grant Company the right to use the name that you submit in connection with any Submissions. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Submissions. You are and shall remain solely responsible for the content of any Submissions you make. Company and its affiliates take no responsibility and assume no liability for any Submissions submitted by you or any third party.
You agree to defend, indemnify and hold Company harmless from and against all third party claims, damages and expenses (including reasonable attorneys fees) against or incurred by Company arising out of any Submissions you post or allow to be posted to the Site.
7. Disclaimer of Warranties
COMPANY DOES NOT WARRANT THAT ACCESS TO OR USE OF THE SITE AND/OR THE CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SITE OR ERRORS IN THE CONTENT WILL BE CORRECTED. THIS SITE (INCLUDING (A) ANY SITE-RELATED SERVICE AND (B) ANY CONTENT OR INFORMATION CONTAINED WITHIN, ACCESSED THROUGH, SENT THROUGH OR MADE AVAILABLE FOR USE OR DOWNLOAD THROUGH THE SITE), IS PROVIDED “AS IS,” WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY OF INFORMATION, QUIET ENJOYMENT, AND TITLE/NON-INFRINGEMENT. COMPANY DOES NOT WARRANT THE ACCURACY, COMPLETENESS OR TIMELINESS OF THE CONTENT OR INFORMATION OBTAINED THROUGH THE SITE.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE, THE CONTENT, SITE-RELATED SERVICES, AND LINKED WEBSITES. COMPANY DOES NOT WARRANT THAT FILES SENT OR MADE AVAILABLE FOR DOWNLOAD WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER DESTRUCTIVE PROGRAMMING. YOU ARE RESPONSIBLE FOR IMPLEMENTING PROCEDURES SUFFICIENT TO SATISFY YOUR NEEDS FOR DATA BACK UP AND SECURITY. WARRANTIES RELATING TO ANY PRODUCTS OR SERVICES OFFERED, SOLD AND/OR DISTRIBUTED BY COMPANY OR THIRD PARTIES (INCLUDING ANY THIRD PARTY HEALTH CARE PROVIDERS) ARE SUBJECT TO SEPARATE WARRANTY TERMS AND CONDITIONS, IF ANY, PROVIDED WITH OR IN CONNECTION WITH THE APPLICABLE PRODUCTS OR SERVICES.
8. Medical Advice Disclaimer
The Company is not a healthcare provider and does not provide any healthcare treatment services, consultation, diagnosis or medical advice. The Content of the Site, including without limitation any Content accessed, sent or made available for use or download through this Site (inclusive of any information transmitted by third parties and/or healthcare providers), is for informational purposes only and does not constitute professional medical advice, diagnosis, treatment or recommendations by the Company of any kind. You should always seek the advice of your qualified healthcare professionals with any questions or concerns you may have regarding your individual needs and any medical conditions. The Company does not recommend or endorse any specific tests, healthcare providers, physicians, products, treatments, therapeutics, pharmaceuticals, devices, procedures, opinions or other information that may be included on, accessed through, sent through or made available for use or download through the Site. Reliance on any information appearing on, accessed through, sent through or made available for use or download through the Site, whether provided by Company, its content providers (including any healthcare providers who provide content through the Site), its clients, visitors to the Site or others, is solely at your own risk.
9. Limitation of Liability Regarding Use of Site
COMPANY AND ANY THIRD PARTIES MENTIONED ON THIS SITE ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, SITE-RELATED SERVICES, CONTENT OR INFORMATION CONTAINED WITHIN THE SITE, AND/OR ANY LINKED WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, SITE-RELATED SERVICES, AND/OR LINKED WEBSITES IS TO STOP USING THE SITE AND/OR THOSE SERVICES.
10. Dispute Resolution; Arbitration Agreement
We will try to work in good faith to resolve any issue you have with Site, including services and/or Content requested, accessed, sent or made available for use or download through the Site, if you bring that issue to the attention of our customer service department. However, we realize that there may be rare cases where we may not be able to resolve an issue to a customer’s satisfaction.
You and Company agree that any dispute, claim or controversy arising out of or relating in any way to your use of the Site, including services and/or Content requested, accessed, sent or made available for use or download through the Site, shall be determined by binding arbitration instead of in courts of general jurisdiction. Arbitration is more informal than bringing a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, and is subject to very limited review by courts. Arbitration allows for more limited discovery than in court, however, we agree to cooperate with each other to agree to reasonable discovery in light of the issues involved and amount of the claim. Arbitrators can award the same damages and relief that a court can award, but in so doing, the arbitrator shall apply substantive law regarding damages as if the matter had been brought in court, including without limitation, the law on punitive damages as applied by the United States Supreme Court. You agree that, by agreeing to these Terms of Service, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and Company are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms of Service and any other contractual relationship between you and Company.
The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms of Service, and will be administered by the AAA. The AAA Rules and Forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879. The parties will mutually agree upon an arbitrator. The arbitrator is bound by the terms of these Terms of Service. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of these Terms of Service, including this arbitration agreement. Unless Company and you agree otherwise, any arbitration hearings will take place in Salt Lake County, Utah. The payment of all filing, administration and arbitrator fees will be governed by the AAA Rules. Each party shall pay for its own costs and attorneys’ fees, if any. However, if any party prevails on a statutory claim that affords the prevailing party attorneys’ fees, or if there is a written agreement providing for payment or recovery attorneys’ fees, the arbitrator may award reasonable fees to the prevailing party, under the standards for fee shifting provided by law.
YOU AND COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Company agree otherwise, the arbitrator may not consolidate more than one person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. If this specific provision is found to be unenforceable, then (a) the entirety of this arbitration provision shall be null and void, but the remaining provisions of these Terms of Service shall remain in full force and effect; and (b) exclusive jurisdiction and venue for any claims will be in state or federal courts in Salt Lake County, Utah.
11. Revisions; General
In the event that any of the Terms of Service are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these Terms of Service shall otherwise remain in full force and effect. These Terms of Service constitute the entire agreement between Company and you pertaining to the subject matter hereof. In its sole discretion, Company may from time-to-time revise these Terms of Service by updating this posting. You should, therefore, periodically visit this page to review the current Terms of Service, so you are aware of any such revisions to which you are bound. Certain provisions of these Terms of Service may be superseded by expressly designated legal notices or terms located on particular pages within this Site.