Terms and Conditions

Please read these terms and conditions carefully. All use of Applied Medical Software’s (“AMS”) Web pages is subject to the terms and conditions set forth below. Any use of such Web pages constitutes the user’s agreement to abide by the following terms and conditions. If you do not agree to abide by these Terms and Conditions do not use an AMS web site in any manner including but not limited to uploading or downloading any information or material.

All information provided by AMS and its affiliates is owned by or licensed to AMS and its affiliates (the “AMS Information”). AMS and its licensors retain all proprietary rights to the AMS Information. AMS has the right to use all material entered into these Web pages (other than third-party material transmitted through private electronic mail) in any of AMS’s print or electronic publications. Except for making one hard copy print of limited portions of the AMS Information on an ad hoc basis, or downloading as expressly authorized by AMS, the AMS Information may not be reproduced, transmitted or distributed without AMS’s permission.

AMS makes no guarantees or warranties as to the accuracy or completeness of or results to be obtained from accessing and using the AMS Information. Neither AMS nor its affiliates shall be liable to any user or anyone else for any inaccuracy, error or omission, regardless of cause, in the AMS Information or for any damages resulting therefrom. THE USER UNDERSTANDS AND AGREES THAT USE OF THE AMS INFORMATION IS AT USER’S SOLE RISK. THE AMS INFORMATION IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. AMS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

THE MATERIALS ON THIS WEB SITE MAY CONTAIN INACCURACIES AND TYPOGRAPHICAL ERRORS. AMS DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE MATERIALS OR THE RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THE SITE. YOU ACKNOWLEDGE THAT ANY RELIANCE ON ANY SUCH OPINION, ADVICE, STATEMENT, MEMORANDUM, OR INFORMATION SHALL BE AT YOUR SOLE RISK. AMS RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO CORRECT ANY ERRORS OR OMISSIONS IN ANY PORTION OF THE SITE. AMS MAY MAKE ANY OTHER CHANGES TO THE SITE, THE MATERIALS AND THE PRODUCTS, PROGRAMS, SERVICES OR PRICES (IF ANY) DESCRIBED IN THE SITE AT ANY TIME WITHOUT NOTICE.

THE USER EXPRESSLY UNDERSTANDS AND AGREES THAT AMS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF AMS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE AMS’S WEB SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF USER’S TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.

These terms and conditions apply exclusively to your access to and use of any AMS web site and do not alter the terms or conditions of any other agreement you may have with AMS regarding topics other than the use of an AMS web site. The AMS Privacy Policy sets forth the privacy rules about your use of AMS web sites. Except as written in any other user agreements, disclaimers, policies, terms of use, statement or other notices on an AMS web site, these Terms and Conditions and the Privacy Policy are the complete agreement between the user and AMS with respect to your use of AMS web sites.

The contents of AMS’s web sites are protected by copyright and trademark laws. Any rights not expressly granted herein are reserved. Reproduction, transfer, distribution or storage of part or all of the contents in any form without the prior written permission of AMS is prohibited except as otherwise set forth herein.

In using any AMS web site user agrees: (a) not to disrupt or interfere with the security of, or otherwise abuse, the AMS web site or any services, system resources, accounts, servers or networks connected to or accessible through the AMS web site or affiliated or linked web sites; (b) not to disrupt or interfere with any other user’s enjoyment of an AMS web site or affiliated or linked web sites; (c) not to upload, post or otherwise transmit through or on any AMS web site any viruses or other harmful, disruptive or destructive files; (d) not to use or attempt to use another’s account, service or systems without authorization from AMS, or create or use a false identity on an AMS web site; (e) not to transmit through or on an AMS web site spam, chain letters, junk mail or any other type of unsolicited mass email to people or entities who have not agreed to be part of such mailings; (f) not to divulge your username and password to others either on or off the AMS site; and (g) not to attempt to obtain unauthorized access to AMS web site or portions of the AMS web site which are restricted from general access.

Users entering materials on any of these Web pages are responsible for the content of that material. AMS has no responsibility for the content of any messages or information posted by users, or for the content of information of third parties on the Internet, even if accessed through AMS’s pages. However, AMS retains the right, which it may or may not exercise, at its sole discretion, to review, edit or delete from its web pages any third-party material that AMS deems to be illegal, offensive or otherwise inappropriate.

Users may, through hypertext or other computer “links,” gain access to other sites on the Internet that are not part of AMS’s Web pages. AMS assumes no responsibility for any material outside of the AMS Web pages that may be accessed through any such “link.” ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS WEB PAGE IS DONE AT USER’S DISCRETION AND RISK AND USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO USER’S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. The user agrees to indemnify AMS from any damages, losses, costs or expenses which AMS, its affiliates, their respective employees and authorized representatives may incur as a result of material entered into these Web pages by the user.

Any rights not expressly granted herein are reserved. AMS may terminate, change, suspend or discontinue any aspect of an AMS web site, including the availability of any features, at any time without prior notice. AMS may remove, modify or otherwise change any content, including that of third parties, on or from an AMS web site. AMS may impose limits on certain features and services or restrict user’s access to parts or all of an AMS web site without notice or liability. AMS may terminate the authorization and rights provided herein and user’s use of any AMS web site any time in its sole discretion. Nothing contained herein shall be construed as creating an obligation on the part of AMS to provide the products or services described on the web site.

This Web Site is controlled, operated and administered by AMS from its offices within the United States of America. AMS makes no representation that materials at this site are appropriate or available for use at other locations outside of the United States. You may not use the Site in violation of U. S. export laws and regulations. If you access this Site from a location outside of the United States, you are responsible for compliance with all local laws.

These terms and conditions shall be governed by and construed in accordance with the laws of the State of New Jersey, without reference to principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the state or federal courts located in Camden County in the State of New Jersey and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between you and AMS relating to the subject matter herein and shall not be modified by you except in writing, signed by both parties. These terms and conditions will inure to the benefit of AMS’s successors, assigns and licensees.

This Agreement constitutes the entire agreement between AMS and you with respect to your use of the Web Site. Any cause of action you may have with respect to your use of the Web Site must be commenced within one (1) year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of the Agreement or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the Agreement, and the remainder of this Agreement shall continue in full force and effect.