Read
This Terms of Use Agreement Before Accessing web site.
Effective Date: This Agreement was last updated on January 7, 2009.
This Agreement sets forth the standards of use of the T-DOC®
Company, LLC. online service. By using the T-DOC web site you (the
"User") agree to these terms and conditions. If you do not agree to the terms
and conditions of this Agreement, you should immediately cease all usage of this
web site. We reserve the right, at any time, to modify, alter, or update the
terms and conditions of this Agreement without prior notice. Modifications shall
become effective immediately upon being posted at:
http://www.tdocllc.com.
Your continued use of the Service after amendments are posted constitutes an
acknowledgement and acceptance of the Agreement and its modifications. Except as
provided in this paragraph, this Agreement may not be amended.
1. Description of Service
T-DOC is providing User with information
regarding our catheter and accessory products and associated services. User must provide (1) all equipment
necessary for their own Internet connection, including computer and modem and
(2) provide for User's access to the Internet, and (3) pay any fees related with
such connection.
2. Disclaimer of Warranties
The site is provided by T-DOC on an "as is" and on an "as available" basis. To
the fullest extent permitted by applicable law, T-DOC makes no representations
or warranties of any kind, express or implied, regarding the use or the results
of this web site in terms of its correctness, accuracy, reliability, or
otherwise. T-DOC shall have no liability for any interruptions in the use of
this web site. T-DOC disclaims
all warranties with regard to the information provided, including the implied
warranties of merchantability and fitness for a particular purpose, and
non-infringement. Some jurisdictions do not allow the exclusion of implied
warranties; therefore the above-referenced exclusion is inapplicable.
3. Limitation of Liability
T-DOC SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR T-DOC
SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL
DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING
OUT OF OR RELATED TO THIS WEB SITE OR THE INFORMATION CONTAINED IN IT, WHETHER
SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT
LAW, OR OTHERWISE, EVEN IF T-DOC
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT
ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR
CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS ARE INAPPLICABLE.
4. Indemnification
User agrees to indemnify and hold T-DOC, its parents, subsidiaries,
affiliates, officers and employees, harmless from any claim or demand, including
reasonable attorneys’ fees and costs, made by any third party due to or arising
out of User’s use of the Service, the violation of this Agreement, or
infringement by User, or other user of the Service using User’s computer, of any
intellectual property or any other right of any person or entity.
5. Modifications and Interruption to Service
T-DOC reserves the right to modify or discontinue the Service with or without
notice to the User. T-DOC shall not be liable to User or any third party should
T-DOC exercise its right to modify or discontinue the Service. User acknowledges
and accepts that T-DOC
does not guarantee continuous, uninterrupted or secure access to our web site and
operation of our web site may be interfered with or adversely affected by
numerous factors or circumstances outside of our control.
6. Third-Party Sites
Our web site includes links to other sites on the Internet that are owned and
operated by online companies, agencies and other third parties. You acknowledge
that we are not responsible for the availability of, or the content located on
or through, any third-party site. You should contact the site administrator or
webmaster for those third-party sites if you have any concerns regarding such
links or the content located on such sites. Your use of these third-party sites
is subject to the terms of use and privacy policies of each site, and we are not
responsible therein. We encourage all Users to review said privacy policies of
third-parties’ sites.
T-DOC makes no warranties or representations whatsoever with regard
to any product or Service provided or offered by any company, and you
acknowledge that any reliance on representations and warranties provided by any
company shall be at your own risk.
7. Governing Jurisdiction of the Courts, Delaware
Our web site is operated and provided in the State of Delaware. As such, we are
subject to the laws of the State of Delaware, and such laws will govern this
Terms of Use, without giving effect to any choice of law rules. We make no
representation that our web site or other services are appropriate, legal or
available for use in other locations. Accordingly, if you choose to access our
site you agree to do so subject to the internal laws of the State of Delaware.
8. Compliance with Laws
User assumes all knowledge of applicable law and is responsible for compliance
with any such laws. User may not use the Service in any way that violates
applicable state, federal, or international laws, regulations or other
government requirements. User further agrees not to transmit any material that
encourages conduct that could constitute a criminal offense, give rise to civil
liability or otherwise violate any applicable local, state, national, or
international law or regulation.
9. Copyright and Trademark Information
All content included or available on this site, including site design, text,
graphics, interfaces, and the selection and arrangements thereof is © 2009
www.tdocllc.com, with all rights reserved, or is the property of T-DOC and/or third parties protected by intellectual property rights. Any use
of materials on the web site, including reproduction for purposes other than
those noted above, modification, distribution, or replication, any form of data
extraction or data mining, or other commercial exploitation of any kind, without
prior written permission of an authorized officer of T-DOC is
strictly prohibited. Users agree that they will not use any robot, spider, or
other automatic device, or manual process to monitor or copy our web pages or
the content contained therein without prior written permission of an authorized
officer of T-DOC.
All trademarks displayed on T-DOC’s web site are the trademarks of
their respective owners, and constitute neither an endorsement nor a
recommendation of those companies. In addition, such use of trademarks or links
to the web sites of companies is not intended to imply, directly or indirectly,
that those companies endorse or have any affiliation with T-DOC.
10. Notification of Claimed Copyright Infringement
Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the
Digital Millennium Copyright Act, T-DOC designates the following
individual as its agent for receipt of notifications
of claimed copyright
infringement.
By Mail: T-DOC Company, LLC., 5 Edgemoor Road, Suite 212, Wilmington, DE 19809
By Telephone: 302-691-2727
By Email:
11. Other Terms
If any provision of this Agreement shall be unlawful, void or
unenforceable for any reason, the other provisions (and any
partially-enforceable provision) shall not be affected thereby and shall remain
valid and enforceable to the maximum possible extent. You agree that this Agreement and any other agreements referenced herein may be assigned by
T-DOC, in our sole discretion, to a third party in the event of a
merger or acquisition. Agreement shall apply in addition to,
and shall not be superseded by, any other written agreement between us in
relation to your participation as a User. User agrees that by accepting this
Agreement, User is consenting to the use and disclosure of their
personally identifiable information and other practices described in our Privacy
Policy Statement. |