||THIS WEB SITE IS OFFERED TO YOU CONDITIONED UPON YOUR ACCEPTANCE WITHOUT MODIFICATION OF THE TERMS AND CONDITIONS CONTAINED HEREIN (COLLECTIVELY, THE "TERMS"). YOUR USE OF THIS WEB SITE CONSTITUTES YOUR AGREEMENT TO ALL SUCH TERMS OF SERVICE.
By virtue of using or registering to use this Web Site (hereinafter "Site"), you become a Web Site user (hereinafter "User"). As a User, you will be granted access to the Site. In addition to the terms and conditions of this Agreement, you may be asked to agree to added terms and conditions when using different parts of the Site (All of terms and conditions of this Agreement, along with such additional terms and conditions, are included in the definition of "Terms"). As a condition of your use of the Site, you warrant to Defibtech MD, Inc. (Defibtech MD) that you will not use the Site for any purpose that is unlawful or prohibited by the Terms. Defibtech MD reserves the right to alter, change, modify, add, or delete any of the Terms, in whole or in part, at any time and at its discretion. Please make sure you review the Terms periodically for such changes. The subsequent use of the Site after such Terms are posted on the Site will mean that you accept such new Terms. Defibtech MD may discontinue or alter any aspect of this Site, including, but not limited to:
(i) Restricting the time of availability;
The forgoing shall be in Defibtech MD's sole discretion and without prior notice or liability.
(ii) Restricting the availability and/or scope of the Site for certain users;
(iii) Restricting the amount of use permitted;
(iv) Restricting or terminating any user's right to use the Site.
The Terms contained herein shall be considered a legally binding agreement between you and Defibtech MD. This Site is only available to individuals and to companies who are willing to accept the Terms. Without limiting the foregoing, the Site is not available for use by minors. If you do not qualify, please do not use the Site. By use of the Site you represent that you accept the Terms and intend to be personally bound by them, or that you have been authorized to accept these Terms on behalf of your company or another. If you are not authorized to use the Site or do not intend to be personally bound to the Terms, then you should not use the Site. If you accept the Terms on behalf of an entity on whose behalf you are authorized to act, you may use the Site only on behalf of such entity. Additionally, if you intend only to be personally bound, use of the Site is limited to your personal use. Without limitation, any speculative, false or fraudulent requests or responses to such requests are prohibited. Defibtech MD may refuse use of this Site to anyone at any time or remove any User from the Site at any time, in its sole discretion. You acknowledge that, other than original government works and other public domain materials, this web site contains information, graphics and other material (collectively, "Content") that are protected by copyrights, trademarks, trade secrets or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content is copyrighted as a collective work under the U.S. copyright laws, and Defibtech MD owns a copyright in the selection, coordination, arrangement and enhancement of such Content.
The Site may be used only for lawful purposes. Defibtech MD specifically prohibits any use of the Site for unlawful purposes, and User agrees not to use the Site for any unlawful purposes, or for posting any incomplete, false or inaccurate information, or any obscene, indecent or offensive language or to place on the Site any material that is false, defamatory, abusive, harassing or hateful.
You may not:
(a) Modify, translate, reproduce or produce a source listing, decompile, disassemble, or reverse engineer the Site or any portion thereof;
You may not use any device, software or routine to interfere or attempt to interfere, or which has the effect of interfering with the proper working of the Site. Defibtech MD and the Defibtech MD logo are trademarks of Defibtech MD. Except as set forth in this Agreement, reproduction, redistribution or retransmission of any information in the service without the written permission of Defibtech MD is strictly prohibited. You agree not to use or permit anyone to use the information provided through the Site for any unlawful or unauthorized purpose, or in any other manner not permitted in the Terms.
(b) Create derivative versions of any part of the Site;
(c) Lease, convey, transfer or grant any rights in the Site in any form;
(d) Use the Site for any purpose that Defibtech MD deems to be inappropriate.
The Site may contain links to other Web Sites operated by parties other than Defibtech MD ("Third-Party Sites"). Defibtech MD's links to such other sites does not imply any endorsement of the products, services or material on such Third-Party Sites or any association with their sponsors or operators. Defibtech MD expressly disclaims any responsibility for all content, services or products available through such Third-Party Sites. Linking to any other site from this Site is at your own risk.
Except as otherwise provided, items on this site are copyrighted by Defibtech MD, with all rights reserved. All other products are trademarks of their respective holders. The information contained in the Site does not constitute legal advice, and Defibtech MD claims no responsibility for the accuracy, content selection or omission or availability of information accessed through use of its service. No information provided on this site should be used as a substitute for the advice of competent counsel. The Site contains proprietary materials such as emblems, logos, text, software, photos, video, and graphics. As between you and Defibtech MD, Defibtech MD is the owner or licensee of all such proprietary material and all intellectual property rights therein, including without limitation, patents, copyrights and trademarks.
In using the Site, you agree not to copy, upload, download, distribute, or reproduce in any way any such proprietary materials without obtaining Defibtech MD's prior written consent. Defibtech MD controls and operates the Site from its offices in the United States of America and makes no representation that the content or templates are appropriate for use in other locations. You agree to comply with all U.S. and other export laws. If you are using the Site from other locations, you are responsible for complying with any applicable local laws, including but not limited to the export and import regulations of other countries.
Defibtech MD hereby grants you a limited license to make personal use only of the Site. Such grant does not include, without limitation:
(a) Any resale or commercial use of the Site, its contents (including, without limitation, Defibtech MD's proprietary software or technology) or the Site;
This limited right may be revoked at any time.
(b) The collection and use of any e-mail or user information or Listings;
(c) Making derivative uses of the Site or its contents;
(d) Use of any data mining, robots, or similar data gathering and extraction methods;
You may not use Defibtech MD's logo or other proprietary graphic or trademark of Defibtech MD to link to the Web Site without the express written permission of Defibtech MD. You may not copy, download, store, publish, transmit, transfer, sell or use any part of the Data except:
(a) As permitted by this Agreement
The information, resources and forms contained on the Site may not be stored in an archival or other searchable database. You may not sell, license or distribute any of the information or forms on the Site in any format to third parties or use the information and forms as a part of or as a basis for any material offered for sale, license or distribution.
(b) With Defibtech MD's prior written permission
(c) If not prohibited by this Agreement or as allowed under the Fair Use provision of the U.S. Copyright Act.
This Agreement, the Terms, the Site and any modifications thereto may not be assigned or in any way transferred without the prior written consent of Defibtech MD. The terms of this Agreement shall be construed in accordance with the substantive laws of the State of Idaho, United States of America, without giving effect to the principles of conflict or choice of law of such state. You hereby consent to the exclusive jurisdiction and venue of all courts in Ada County, Idaho, U.S.A., in all disputes arising out of or relating to the use of the Site. If any provision of the Terms is found to be invalid, illegal or unenforceable by any court having competent jurisdiction, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired thereby, and the remaining valid, legal, and enforceable provisions will be interpreted, to the extent possible, to achieve the purposes as originally expressed in the invalid, illegal, or unenforceable provision. No waiver of any of the Terms shall be deemed a waiver of any other such Terms set forth herein.
The Terms constitute the entire agreement between you and Defibtech MD with respect to the subject matter covered herein, including use of the Site and any subject matter therein, and supersede all previous communications, representations, understandings and agreements, either oral or written, between us with respect to said subject matter. This Agreement may not be modified except by a written agreement. Defibtech MD reserves the right, in its sole discretion to immediately issue a warning, temporarily suspend, indefinitely suspend or terminate your use of all or any portion of the Site. You expressly acknowledge and agree that your use of the Site, any Sites or goods obtained or sites linked to through the use of the Site, and any data transmitted through the Site is at your sole risk.
Unless otherwise stated, all notices to Defibtech MD regarding this Agreement shall be sent to email@example.com. All notices to you shall be sent to the name and address submitted at the time of your registration by certified mail, postage prepaid and return receipt requested.
YOU AGREE THAT USE OF THE WEB SITE AND SERVICES PROVIDED THROUGH THIS WEB SITE IS ENTIRELY AT YOUR OWN RISK. DEFIBTECH MD'S SERVICES ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY FOR INFORMATION, SERVICES, UNINTERRUPTED ACCESS, OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THIS WEB SITE. SPECIFICALLY, DEFIBTECH MD DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING WITHOUT LIMITATION:
(a) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY OR CONTENT SELECTION OR OMISSION OF INFORMATION, PRODUCTS OR SERVICES;
YOU SPECIFICALLY ACKNOWLEDGE THAT Defibtech MD IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. NEITHER DEFIBTECH MD NOR ANY OF ITS PARTNERS, AGENTS OR AFFILIATES SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF THE SITE OR INABILITY TO GAIN ACCESS TO OR USE THE SITE OR OUT OF ANY BREACH OF ANY WARRANTY. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT OF THE SERVICE. YOU AGREE TO INDEMNIFY AND HOLD EACH OF Defibtech MD ITS DIRECTORS AND OFFICERS, PARTNERS, AGENTS AND AFFILIATES HARMLESS FROM ANY CLAIMS AND EXPENSES, INCLUDING REASONABLE ATTORNEY'S FEES AND COURT COSTS, ARISING OUT OF OR RELATED TO ANY VIOLATION BY YOU, OR ANY PARTNER, AGENT OR AFFILIATE OF YOURS, OF THIS AGREEMENT INCLUDING THE TERMS. YOU WILL INDEMNIFY AND HOLD DEFIBTECH MD AND ITS AFFILIATES, EMPLOYEES, AGENTS AND REPRESENTATIVES, HARMLESS FOR ANY LOSSES, COSTS, LIABILITIES AND EXPENSES (INCLUDING REASONABLE ATTORNEYS' FEES) ARISING OUT OF
(b) ANY WARRANTIES OF TITLE OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.
(a) ANY USE OF THE SITE, THIRD-PARTY SITES, OR RELATED GOODS OR SITES;
THE SITE IS PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND AND Defibtech MD AND ITS LICENSORS AND SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. NEITHER DEFIBTECH MD NOR ITS LICENSORS NOR SUPPLIERS WARRANT THAT THE OPERATION OF THE SITE WILL BE UNINTERRUPTED, ERROR FREE OR WITHOUT BREACHES OF SECURITY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, SO IN THESE JURISDICTIONS THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO THE USER, HOWEVER, IN SUCH JURISDICTIONS THE LIABILITY IS LIMITED TO THE AMOUNT OF $500.00. IN NO EVENT WILL DEFIBTECH MD BE LIABLE TO USER OR ANY PARTY FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL OR INDIRECT DAMAGES ARISING OUT OF THE USE, AVAILABILITY OR UNAVAILABILITY OF THE SITE OR ANY OTHER SITES OR GOODS OBTAINED THROUGH USE OF ANY OF THE FOREGOING, OR ANY DATA TRANSMITTED THROUGH THE SITE. USER SHALL COMPLY WITH ALL APPLICABLE LAWS, STATUTES, ORDINANCES AND REGULATIONS REGARDING ITS USE OF THE SITE.
(b) ANY BREACH OF THE TERMS;
(c) ANY UPLOADING, DOWNLOADING, OR REPRODUCTION OF ANY CONTENT OR DATA FROM THE SITE, OR ANY THIRD-PARTY SITE;