Terms & Conditions
You agree that you will not access or use, or attempt to access or use, our Website for any purpose other than a Permitted Use. A Permitted Use are those uses by actual or potential customers of the Company who wish to use, purchase, or otherwise obtain information regarding the Company or its products or services for the purpose of entering into transaction or potential transaction with the Company. The following is a non-exclusive list of uses of the Company’s Website which are not Permitted Uses:
Any use that involves the provision of false, deceptive, or misleading information by the user;
Any use that violates any federal, state, or local law;
Any use that interferes with, or attempts to interfere with or access the Company’s confidential information, customer data, source code, or network services;
Any use that attempts to reproduce or reverse engineer, or attempts to obtain information for the purpose of reproducing or reverse engineering, the Company’s confidential information, data, source code, vendors, affiliates, business processes, or other proprietary products, services, or processes or trade secrets;
Any use that impersonates or misrepresents the user’s identity or affiliation with any person or entity; or
Any use that is not intended by the user conduct diligence on the Company or to result in an actual or potential transaction with the Company.
Disclaimer – Third-Party Information
The Website may feature materials, information, products, and services provided by third parties. Any such information, including but not limited to articles, press clippings, opinions, videos, blogs, webinars, advice, statements, services, offers, or other information made available by third parties such as content providers and other users of the Website are those of the respective third party and not of the Company or its affiliates. The Company makes no representation with respect to, nor does it guarantee or endorse, the quality, non-infringement, accuracy, completeness, timeliness, or reliability of such third-party materials, information, services or products.
The Website may contain advertisements of third parties. The inclusion of advertisements on the Website does not imply endorsement of the advertised products or services by the Company. The Company shall not be responsible for any loss or damage of any kind incurred as a result of the presence of such advertisements on the Website. Further, the Company shall not be responsible or liable for the statements or conduct of any third-party advertisers appearing on the Website. You shall be solely responsible for any correspondence or transactions you have with any third-party advertisers.
The Website may provide links (including any link through an on-line banner advertisement) to other sites on the Internet for your convenience. These other sites are maintained by third parties over which the Company exercises no control. The appearance of any such third-party links (provided by the Company or by a third party) is not intended to endorse any particular company or product. If you decide to access any of the third-party sites linked to the Website, you do so entirely at your own risk.
The Website and its Content, including Third-Party Information, is provided for informational purposes only and is not intended as medical advice, or as a substitute for the medical advice of a physician.
THE WEBSITE IS PROVIDED "AS IS" AND "AS AVAILABLE." NEITHER THE COMPANY, ITS AFFILIATES, SUBSIDIARIES, EMPLOYEES, OFFICERS, OR MEMBERS NOR ANY OF ITS AGENTS, REPRESENTATIVES, SUPPLIERS, ADVERTISERS, PROMOTIONAL PARTNERS, OR LICENSORS (COLLECTIVELY "COMPANY PARTIES") PROVIDE ANY EXPRESS OR IMPLIED REPRESENTATION OR WARRANTY OF ANY KIND, INCLUDING WITHOUT LIMITATION, ANY REPRESENTATION OR WARRANTY THAT (i) THE WEBSITE OR ITS CONTENT, OR ANY RESULTS THAT MAY BE OBTAINED BY YOU, ARE COMPLETE, ACCURATE, RELIABLE OR NON-INFRINGING; (ii) ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; (iii) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE WILL MEET YOUR EXPECTATIONS; OR (iv) THE WEBSITE CONTENT WILL REMAIN UNCHANGED OR ACCESSIBLE ON THE WEBSITE. ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND/OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY.
Limitation of Liability.
THE COMPANY PARTIES SHALL NOT BE LIABLE, AND DISCLAIM ANY LIABILITY, FOR ANY CLAIM, LOSS OR DAMAGE, DIRECT OR INDIRECT, INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND WHATSOEVER IN CONNECTION WITH, AS A RESULT OF, OR ARISING: (i) OUT OF THE USE OF OR INABILITY TO USE THE WEBSITE AND/OR ANY CONTENT; (ii) FROM ANY INTERRUPTION IN THE AVAILABILITY OF THE WEBSITE AND/OR CONTENT; (iii) FROM ANY LOSS OF DATA AND/OR FROM ANY EQUIPMENT FAILURE; (iv) OUT OF THE PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY PROBLEMS WITH THE GOODS, CONTENT AND/OR SERVICES PURCHASED OR OBTAINED FROM THE WEBSITE, OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE WEBSITE; (v) FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (vi) FROM STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE; (vii) FROM ANY DELAY OR FAILURE OF THE WEBSITES ARISING OUT OF CAUSES BEYOND THE COMPANY'S CONTROL; (viii) OUT OF THE USE OF, REFERENCE TO, OR RELIANCE ON, THE WEBSITE CONTENT; (ix) OUT OF ANY THIRD PARTY MATERIALS, INFORMATION, PRODUCTS AND SERVICES CONTAINED ON, OR ACCESSED THROUGH, THE WEBSITE; (x) OUT OF ANY CONTENT, MATERIALS, ACCURACY OF INFORMATION, AND/OR QUALITY OF THE PRODUCTS, SERVICES OR MATERIALS PROVIDED BY OR ADVERTISED ON THIRD PARTY WEBSITES; OR (xi) OUT OF ANY OTHER MATTER RELATING TO THE WEBSITE OR ITS CONTENT.
Indemnification and Remedies
Neither your use of the Website and nothing contained in these Terms and Conditions is intended to grant any rights or license under any patent, idea, discovery, copyright, trademark, or other intellectual property of the Company to you or any of your affiliates, officers, agents or representatives, whether expressly or by implication, estoppel or otherwise.
Governing Law and Venue
These Terms and Conditions are governed by the laws of the State of Texas. Any dispute arising out of these Terms and Conditions shall be instituted and maintained in state or federal court located in Travis County, Texas. You expressly waive any objection such party may have to the laying of venue in such courts, irrevocably submit to the jurisdiction of any such court, and agree to be fully bound by any final un-appealed decision of such court by using the Company’s Website.
The Company may modify these Terms and Conditions at any time and for any reason by posting a new version on the Website. Any such changes do not affect rights and obligations that arose prior to such changes. We may terminate or suspend access to the Website without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.