TERMS OF USE 

You represent that you are legally able to accept these Terms of Use, and affirm that you are either of legal age to form a binding contract, or have obtained parental or guardian consent to do so. Your use of this website (“Website”) is governed by the terms set forth below as well as the term set forth in our Privacy Policy. Please read them carefully. By using this Website you indicate your acceptance of, and agreement to be bound by, these Terms of Use. If you do not agree to these terms and conditions, please do not use this Website. These Terms of Use are in addition to any prior or subsequent terms or conditions included with any MedicusTek agreement. We reserve the right to make changes to this Website and to these Terms of Use at any time. Any such modifications will become effective upon the date they are first posted to this Website.   

User Rules.  You agree to not use the Website to:  

  • Harvest or collect information obtained from the Website using an automated software tool or manually (unless expressly authorized by us). This includes, for example, information about other users of the Website and information about the offerings, products, services and promotions available on the Website. 

  • Use automated means to access the Website, or gain unauthorized access to the Website or to any account or computer system connected to the Website. 

  • "Stream catch" (download, store or transmit copies of streamed content). 

  • Obtain, or attempt to obtain, access to areas of the Website or our systems that are not intended for access by you. 

  • "Flood" the Website with requests or otherwise overburden, disrupt or harm the Website or its systems. 

  • Circumvent or reverse engineer the Website or its systems. 

  • Harass, restrict or inhibit another user or users from using and enjoying this Website. 

  • Impersonate any person or entity. 

  • Intentionally or unintentionally violate any applicable local, state, national or international law. 

  • Upload, post, email or otherwise transmit anything that: 

  1. You do not have the right to upload, post or email by law or under any contractual or fiduciary relationships 

  2. Infringes any third party intellectual property right (such as copyrights); 

  3. Divulges another person's or entity's confidential, personal or private information or trade secret; 

  4. Is fraudulent, defamatory, unlawful, threatening, harassing, abusive, obscene, discriminatory, or harmful to minors; 

  5. Encourages criminal conduct; 

  6. Advertises or solicits business for products or services other than those that are offered and promoted on this Website;

  7. Interferes with or disrupts the Website or our services, servers or networks connected to our services; or 

  8. Contains any virus, malware, spyware or other harmful content or code. 

 

You agree to comply with all applicable laws and contractual obligations when you use this Website. 

 

Ownership and Use.  The Website and its contents ("Content") are the property and copyrighted material of MedicusTek, its licensors, vendors and partners. Content also includes any material from the Website that MedicusTek delivers to you through email. You may display Content and otherwise use the Website solely for your personal, noncommercial use. You may not modify, copy, distribute, forward, display, repost, reprint, sub-license, create derivative works from, transfer, link to, quote or sell any content except as expressly permitted by the copyright laws, in these Terms of Use, or by the owners of the materials.  

 

If you submit or post any materials or content to this Website, you grant us and our affiliates a royalty free, perpetual, irrevocable, transferable, assignable, sub-licensable, worldwide license to use such materials and content, including alterations thereof, for our business purposes, in any form, in any media, and via any technology we choose, whether it exists now or is created in the future. You represent that any materials and content posted or otherwise submitted by you to the Website is original to you and that you have the right to grant us these rights.  To avoid any disputes between us relating to ideas that you have submitted to us you agree that, if you send us your ideas, you are giving us the right to use them, and you waive and release us from claims that we have used your ideas without your permission. 

MedicusTek does not guarantee the accuracy, integrity or quality of any Content, and shall not be liable in any way for any Content, any errors or omissions therein, or for any loss or damage of any kind incurred as a result of the use of any Content.   

 

Responsibility for Public Postings.  This Website may include features that allow users to post content and materials to public posting areas of the site. Responsibility for what is posted in public areas of our Website lies with each user - you alone are responsible for the material you post or otherwise make available in public areas of our Website. You alone are responsible for assessing the credibility of other user postings. We do not control the material that you or others may post or otherwise make available in such areas, and you understand that we have no obligation to monitor any such material or to edit or delete it. However, we reserve the right do so. We are not a publisher of user posts, and we are not responsible for their accuracy or legality. 

 

Password and Account Information.  To access certain features of this Website, you may be required to provide personal and/or demographic information as part of a site registration or log-in process.  You agree to provide true, accurate, current and complete information about yourself as prompted by the applicable registration or log-in form, and you are responsible for keeping such information up-to-date. You are fully responsible for all activities that occur under your password or account. You agree to immediately notify us of any unauthorized use of your username or password or any other breach of security related to your account, your username or this Website. We cannot and are not liable for any loss or damage arising from your failure to comply with this section. 

Purchase of Services.  By using the Site you acknowledge and agree that MedicusTek and its officers and directors shall have no liability for any cost, damage or harm arising directly or indirectly in connection with any of the Services ordered or received through this Website or through links on this Website.  You may have the option to purchase Services over this Website using a credit card by sending that information over the Internet. This Website uses encryption technology to protect the information from access by unauthorized third parties. However, MedicusTek cannot guarantee that the encryption technology will operate as intended or that a third party will not be able to access such information. If you have any concerns about sending such information over the Internet, you should use an alternative means of payment. By sending any sensitive information over the Internet in connection with your use of this Website, you agree that neither MedicusTek nor its officers and directors will have any liability if the applicable encryption technology fails to protect your information. 

 

Changes. MedicusTek reserves the right to change these Terms of Use at any time without prior notice. Any changes will be effective immediately when the revised Terms of Use is posted on this Website, unless stated otherwise.  You are responsible for regularly reviewing these terms and conditions and your use of the Site following any such change, constitutes your acceptance of such changes. 

MedicusTek reserves the right to change, suspend or discontinue this Website or any aspect of this Website, generally or with respect to you, at any time, including hours of operation and availability of any Website feature, database or content without notice and without liability to you or any third party. 

These Terms of Use shall include any additional terms, conditions, notices, policies or disclaimers provided by MedicusTek, its licensors, vendors or partners in specific areas of the Website. However, in the event of a conflict between such terms and these Terms of Use, these Terms of Use shall control. 

 

Electronic Communications.  The communications between you and us via this Website use electronic means, whether you visit this Website or send us an email, or whether we post notices on this Website or communicate with you via email. For contractual purposes, you consent to receive communications from us in an electronic form, and you agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. The foregoing does not affect your non-waivable rights. 

Copyright Infringement Notices.  If you are a copyright owner who believes in good faith that your copyrighted material has been reproduced, posted or distributed on this Website in a manner that constitutes copyright infringement, please inform our designated copyright agent by sending written notice by U.S. Mail to 4590 MacArthur Blvd Suite 500 Newport Beach, CA 92660 or by email to info@medicustekusa.com. Please include the following information in your written notice: (1) a detailed description of the copyrighted work that is allegedly infringed upon; (2) a description of the location of the allegedly infringing material on the Website; (3) your contact information, including your address, telephone number, and, if available, email address; (4) a statement by you indicating that you have a good-faith belief that the allegedly infringing use is not authorized by the copyright owner, its agent, or the law; (5) a statement by you, made under penalty of perjury, affirming that the information in your notice is accurate and that you are authorized to act on the copyright owner's behalf; and (6) an electronic or physical signature of the copyright owner or someone authorized on the owner's behalf to assert infringement of copyright and to submit the statement. Please note that the contact information provided in this paragraph is for suspected copyright infringement only. Contact information for other matters is provided elsewhere in these Terms of Use or on the Website. 

 

Indemnification.  You agree to indemnify, defend and hold us and our affiliates, and our respective directors, officers, employees and agents, harmless from and against any claims, liabilities, losses, damages, costs and expenses, including reasonable attorneys' fees, arising from your use of this Website, your submissions to this Website, or any violation of these Terms of Use, or applicable law, by you or by someone accessing the Website via your account. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you agree to cooperate with us in defending such claims. This indemnification, defense and hold harmless obligation will survive these Terms of Use and the termination of your use of this Website. 

Jurisdictional Issues.  We control and operate this website from our facilities in the United States of America, and the materials displayed on this website are presented solely for use within the United States, its territories, possessions, and protectorates. 

Applicable Law; No Waiver; Severability.  These Terms of Use, and the relationship between you and us, will be governed by the laws of the United States and the State of California, without giving effect to any principles of conflicts of law. Our failure to exercise or enforce any right or provision of these Terms of Use will not constitute a waiver of such right or provision. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, you and we nevertheless agree that the court should endeavor to give effect to intentions as reflected in the provision, and the other provisions of these terms and conditions will remain in full force and effect. 

 

DISCLAIMER.  THE CONTENT, MATERIALS AND SERVICES MADE AVAILABLE AT THIS WEBSITE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AVAILABILITY, ACCURACY, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY.   

ANY RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED. 

Limitation of Liability.  IF YOU ARE DISSATISFIED WITH THIS WEBSITE, OR ANY MATERIALS, PRODUCTS, OR SERVICES MADE AVAILABLE ON THIS WEBSITE, OR WITH ANY OF THE WEBSITE'S TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE. 

 IN NO EVENT WILL WE OR ANY OF OUR AFFILIATES, OR ANY OF OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR CONTENT OR SERVICE PROVIDERS, BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES) ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE, THIS WEBSITE (OR THE CONTENT, MATERIALS AND FUNCTIONS PROVIDED AS PART OF THIS WEBSITE), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR STRICT LIABILITY, EVEN IF WE KNEW, SHOULD HAVE KNOWN OR HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING AND WITHOUT LIMITING THE FOREGOING, YOU AGREE THAT OUR LIABILITY AND THE LIABILITY OF OUR AFFILIATES, AND OF ANY OF OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR CONTENT OR SERVICE PROVIDERS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM IN ANY WAY RELATING TO THE USE OF THIS WEBSITE, WILL NOT EXCEED THE AMOUNT YOU HAVE ACTUALLY PAID TO US, IF ANY, FOR USE OF THE WEBSITE, OR, IF APPLICABLE, FOR USE OF THE SPECIFIC WEBSITE FEATURE OR SERVICE FROM WHICH THE CLAIM IN QUESTION FIRST AROSE. 

 BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THE LIABILITY OF OUR AFFILIATES, AND OUR AND THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR CONTENT OR SERVICE PROVIDERS, IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.) 

Other 

These Terms of Use, together with our Privacy Policy and any additional terms and conditions that are referenced herein or otherwise may apply to specific areas of this Website, constitute the entire agreement between us and you with respect to the Website. This agreement is personal to you and, except with our consent, you may not transfer or assign to any other person (in other words, make another person legally responsible for) the rights granted by, or your obligation to comply with, these Terms of Use. 

Our failure to exercise or enforce any right or provision of these Terms of Use will not constitute a waiver of such right or provision. If a court or similar body determines that a portion of these Terms of Use is invalid or unenforceable, the rest of the Terms of Use should stand. The invalid or unenforceable portion should be interpreted as closely as possible (consistent with the law in your area) so as to reflect the intention of the original. 

 These Terms of Use are not intended to benefit any third party, and do not create any third party beneficiaries. Accordingly, these Terms of Use may only be invoked or enforced by you or us. 

 YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, You waive (in other words, give up) the right to commence any proceeding against MedicusTek if the relevant events occurred more than one year earlier.  

Last Updated: 11/8/16 

Policy

Contact

info@medicustekusa.com

Phone: (949) 335-7187


12725 W. Indian School Rd.

Suite C-101

Avondale, AZ 85392

© 2019 MedicusTek USA

MedicusTek PPM Logo 3_edited.png