Terms and Conditions
|WEBSITE TERMS AND CONDITIONS|
|Last updated: 24/5/2018 (view archived version)
These terms and conditions govern your use of this website supported by or on behalf of Medi-Lynx Cardiac Monitoring, LLC with its registered office in Plano, Texas, the United States (hereinafter: “Medi-Lynx”). By using this website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.
This website is designed and intended for use by adults. Anyone under 18 is not permitted to use this website. By using this website you warrant and represent that you are at least 18 years of age.
- License to use this website
Unless otherwise stated, Medi-Lynx and/or its affiliates or its licensors own all intellectual property rights, particularly copyrights, in and to this website and material on the website. Subject to the license below, all these intellectual property rights are reserved.
You may view, download for caching purposes only, and print material from this website for your own personal use, subject to the purpose for which this website was created and subject to restrictions set out below and elsewhere in these terms and conditions.
You must not:
- republish material from this website (including republication on another website);
- sell, lend for use, rent or sub-license material or know-how from this website;
- show any material from this website in public;
- reproduce, duplicate, copy or otherwise exploit material or know-how on this website for a commercial purpose;
- edit or otherwise modify any material on this website;
- redistribute material from this website, except for content or material specifically and expressly made available for redistribution.
Where content of this website is specifically made available for redistribution for the specific purpose, it may only be redistributed for this specific purpose or within your organization.
- Acceptable use
You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website, or in any way is unlawful, illegal, fraudulent or harmful, or is in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use this website to store, copy, host, transmit, send, use, publish or distribute any material which consists of or is linked to any malware, spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You must not conduct any systematic or automated data collection activities (including without limitation data scraping, data mining, data extraction and data harvesting) on or in relation to this website without Medi-Lynx’s prior express written consent.
You must not use this website to transmit or send unsolicited business or commercial communications, in particular for commercial or marketing purposes.
You must not use this website for any purposes related to trade or marketing without Medi-Lynx’s prior express written consent.
- Restricted access
Access to certain areas of this website is restricted. Medi-Lynx reserves the right to restrict access to other areas of this website, or indeed this entire website, at its discretion.
If Medi-Lynx provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential.
Medi-Lynx may disable your user ID and password at its sole discretion without explanation or prior notice.
- User content
In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to or share on this website, for whatever purpose.
By accepting these terms and conditions, you grant to Medi-Lynx a worldwide, irrevocable, non-exclusive, free of charge license to use, reproduce, copy, modify, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to Medi-Lynx the right to sub-license these rights, and the right to bring an action for infringement of these rights.
Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or Medi-Lynx or any third party (in each case under any applicable law).
YOU MUST NOT USE THIS WEBSITE TO COLLECT, SUBMIT OR SHARE SENSITIVE INFORMATION. MEDI-LYNX WILL NOT HAVE ANY LIABILITY THAT MAY RESULT FROM YOUR USE OF THIS WEBSITE TO COLLECT, SUBMIT OR SHARE SENSITIVE INFORMATION. “Sensitive Information” means (a) any information defined under EU data protection laws as “special categories of personal data”; and (b) credit or debit card numbers; personal financial account information; Social Security numbers or local equivalents; passport numbers; driver’s license numbers or similar identifiers; passwords; racial or ethnic origin; physical or mental health condition or information; and any information subject to the Health Insurance Portability and Accountability Act (HIPAA), the Payment Card Industry Data Security Standards, and other regulations, laws or industry standards designed to protect similar information.
You must not submit or share any user content to or on the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
Medi-Lynx reserves the right to edit or remove any material submitted to or shared on this website, or stored on Medi-Lynx’s servers, or published on this website.
Notwithstanding Medi-Lynx’s rights under these terms and conditions in relation to user content, Medi-Lynx does not undertake to monitor the submission of such content to, or sharing or the publication of such content on, this website.
- No warranties
This website is provided “as is” and “as available” without any representations or warranties, express or implied. Medi-Lynx makes no representations or warranties in relation to this website or the information and materials provided on this website and expressly disclaims to the full extent permitted by law all warranties of any kind related to this website. As a user of this website, you have the ability to see its content and by accepting these terms and conditions you agree to the above.
Without prejudice to the generality of the foregoing paragraph, Medi-Lynx does not warrant that:
- this website will be constantly available, or available at all; or
- the information on this website is complete, true, accurate or non-misleading.
Nothing on this website constitutes, or is meant to constitute, advice of any kind. If you require specific advice, particularly in relation to any medical, legal or financial matter, you should consult an appropriate professional.
- Limitations of liability
Medi-Lynx will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the information, content or materials included in this website, or otherwise connected or used in connection with this website, in particular:
- for any direct loss;
- for any indirect, special or consequential loss;
- for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
These limitations of liability apply even if Medi-Lynx has been expressly advised of the potential loss.
Nothing in these terms and conditions will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit.
Furthermore, nothing in these terms and conditions will exclude or limit Medi-Lynx’s liability in respect of any:
- death or personal injury caused by Medi-Lynx’s negligence;
- fraud or fraudulent misrepresentation on the part of Medi-Lynx; or
- matter which it would be illegal or unlawful for Medi-Lynx to exclude or limit, or to attempt or purport to exclude or limit, its liability.
- Understanding and reasonableness
By using this website, you confirm that you understand and accept these terms and conditions and you agree to limitations of Medi-Lynx’s liability set out herein. Otherwise, you must not use this website.
- Other parties
You accept that Medi-Lynx’s affiliates or any other entities Medi-Lynx cooperates with are solely liable for their activities and obligations, and liability of their officers, employees or any other entities Medi-Lynx cooperates with, is limited. You agree that you will not bring any claim personally against Medi-Lynx’s officers, employees or any entities Medi-Lynx cooperates with (acting on Medi-Lynx’s instructions), in respect of any claims connected with this website.
Without prejudice to the foregoing paragraph, you agree that the limitations liability set out in these terms and conditions will protect Medi-Lynx’s officers, employees, agents, successors, assigns and sub-contractors, as well as any entities Medi-Lynx cooperates with (acting on Medi-Lynx’s instructions) and all entities which belong to Medi-Lynx.
- Unenforceable provisions and severability
If any provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
You hereby indemnify Medi-Lynx and undertake to keep Medi-Lynx indemnified against any losses, damages, liabilities, costs and expenses (including without limitation legal expenses and any amounts paid by Medi-Lynx to a third party in settlement of a claim or dispute on the advice of Medi-Lynx’S legal advisers) incurred or suffered by Medi-Lynx arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.
- Breaches of these terms and conditions
Without prejudice to Medi-Lynx’s other rights under these terms and conditions, if you breach these terms and conditions in any way, Medi-Lynx may take such action as Medi-Lynx deems appropriate to deal with the breach, including suspending your access to this website, prohibiting you from accessing this website, blocking computers using your IP address from accessing this website, contacting your internet service provider to request that they block your access to this website and/or bringing court proceedings against you.
Medi-Lynx may change these terms and conditions from time to time. The updated versions of the terms and conditions will apply to the use of this website from the date of their publication on this website. Please check this webpage regularly to ensure you are familiar with the possible changes.
Medi-Lynx may transfer, sub-contract or otherwise deal with Medi-Lynx’S rights and/or obligations under these terms and conditions without notifying you or obtaining your consent, to which you irrevocably consent.
You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.
- Entire agreement
- Law and jurisdiction
These terms and conditions will be governed by and construed in accordance with the law of Texas, the U.S., and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts in Texas, the U.S.