TERMS OF USE
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS WEBSITE
The Samarion website provides an online resource for long-term care professionals. These terms may be changed from time to time and without further notice. Your continued use of the website after any such changes constitutes your acceptance of the new terms. If you do not agree to abide by these or any future terms, please do not use the website or download materials from it. Samarion may terminate, change, suspend or discontinue any aspect of the website, including the availability of any features at any time. Samarion may remove, modify or otherwise change any content, including that of third parties, on or from this website. Samarion may impose limits on certain features and services or restrict your access to parts or all of the website without notice or liability. Samarion may terminate your use of the website at any time in its sole discretion. These terms apply exclusively to your access to and use of the website and do not alter the terms or conditions of any other agreement you may have with Samarion.
1. Proprietary rights
COPYRIGHTS. All content on this website, including but not limited to design, text, software, technical drawings, configurations, graphics, other files, and their selection and arrangement ("Content"), is the sole property of Samarion or the creator of that material. All rights are herein reserved. Content may not be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without Samarion's prior written permission, except that you may download and print content for uses that are not competitive with or derogatory to Samarion, provided that you keep all copyright or other proprietary notices intact. Please note this limited consent may be revoked at any time and does not include consent to republish content on any internet, intranet or extranet website or to incorporate the information in any other database or compilation. Any other use of Content is strictly prohibited. Further agree you will not systematically extract, collect or harvest, through electronic means or otherwise, any data or data fields from this website, including but not limited to customer identities. If you believe your copyrighted material has been improperly used on this website, contact us immediately.
TRADEMARKS. All trademarks on the website are either trademarks or registered trademarks of Samarion and may not be copied, imitated, or used, in whole or in part, without prior written permission of Samarion. All page headers, custom graphics, button icons, and scripts are service marks, trademarks and/or trade dress of Samarion, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Samarion. Other trademarks, registered trademarks, product names, and company names or logos displayed on the website are the property of their respective owners.
PATENTS. Samarion's products and processes are covered by one or more patents or pending patents, and are subject to other trade secret and proprietary rights. Samarion reserves all such rights. No transfer or grant of rights under any patents is made or to be implied by any provision of Terms of Use. Agree not to infringe upon such rights or decompile, reverse engineer, or disassemble any of Samarion's products or processes.
SOFTWARE. Any software, including any files, images generated by the software, code, and data accompanying the software (collectively, "Software"), used or accessible through this website may be used by you solely for accessing and using this website for purposes expressly stated on the website, provided that such uses are not competitive with or derogatory to Samarion. Samarion retains full and complete title to all intellectual property rights in the Software. Agree not to copy, distribute, sell, modify, decompile, reverse engineer, disassemble or create derivative works from any Software.
2. User Conduct - General.
In using this website, you agree: (a) not to disrupt or interfere with the security of, or otherwise abuse, the website, or any services, system resources, accounts, servers or networks connected to or accessible through the website or affiliated or linked websites; (b) not to disrupt or interfere with any other user's enjoyment of the website or affiliated or linked websites; (c) not to upload, post, or otherwise transmit through or on this website any viruses or other harmful, disruptive or destructive files; (d) not to use or attempt to use another's account, service or system without authorization from Samarion, or create or use a false identity on this website; (e) not to transmit through or on this website 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 website; (g) not to attempt to obtain unauthorized access to the website or portions of the website that are restricted from general access; and (h) not use this website to seek, provide or obtain specific medical advice, medical opinion, diagnosis or treatment as applied to a patient's particular condition or situation. In addition, agree that you are solely responsible for actions and communications undertaken or transmitted under your account, and that you will comply with all applicable local, state, national and international laws and regulations, including but not limited to United States export restrictions, which relate to your use of or activities on this website. This website is controlled and operated in the United States. If you are in a jurisdiction that restricts you from accessing this website, do not access or use this website. Samarion makes no representation that the website is appropriate or available for use outside the United States.
3. Privacy Policy.
You acknowledge and agree that Samarion may use the data collected in the course of our relationship for the purposes identified in our Privacy Policy, which is incorporated by reference as if fully set forth in these Terms of Use.
4. Samarion Content, Product and Service Information - Limitations.
All content available through the website, including but not limited to data, technical drawings, configurations, quote and order information, and catalog listings, is believed to be accurate. However, independently evaluate the accuracy of the information and the usefulness for your particular needs of any content, product or service available through the website. Specifications for products and services are subject to change without notice, and Samarion reserves the right to make changes without notice to processing, materials, or configuration. Samarion does not guarantee that products or services listed herein will be available at any given time. All information on the website is subject to the disclaimers of Section 6 below.
5. Links and Third Party Content.
LINKS TO OTHER WEBSITES. This website may from time to time contain links to other websites. These links are provided as a convenience and do not constitute an endorsement, sponsorship or recommendation by Samarion of - or responsibility for - the linked websites or any content, services or products available on or through such websites.
LINKS FROM OTHER WEBSITES. All links to this website must be approved in writing by Samarion, except that Samarion consents to links in which: (1) the link is a text-only link containing only the title of the home page of this website; (2) the link "points" only to the home page of the website and not to deeper pages; (3) the link, when activated by a user, displays this home page of the website full-screen and not within a "frame" on the linked website; and (4) the appearance, position, and other aspects of the link does not (a) create the false appearance that an entity or its activities or products are associated with or sponsored by Samarion or its affiliates; or (b) be such as to damage or dilute the goodwill associated with the name and trademarks of Samarion or its affiliates. Samarion reserves the right to revoke this consent to link at any time in its sole discretion.
THIRD PARTY CONSENT. This website may from time to time contain material, data or information provided, posted or offered by third parties. Agree that neither Samarion nor its affilates shall have any liability whatsoever to you for any such third party material, data or information.
6. Disclaimers.
THIS WEBSITE AND THE CONTENT AVAILABLE THROUGH IT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOU EXPRESSLY AGREE THAT USE OF THIS WEBSITE AND/OR ITS CONTENT IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, SAMARION AND ITS AFFILIATES DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
YOU EXPRESSLY AGREE THAT USE OF THIS WEBSITE, INCLUDING ALL CONTENT, DATA OR SOFTWARE DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THE WEBSITE, IS AT YOUR SOLE RISK. YOU UNDERSTAND AND AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR BUSINESS, YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT, DATA AND/OR SOFTWARE.
YOU ACKNOWLEDGE THAT SAMARION DOES NOT CONTROL INFORMATION, PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES THROUGH THE WEBSITE. EXCEPT AS OTHERWISE AGREED IN WRITING, SAMARION ASSUMES NO RESPONSIBILITY FOR- AND MAKES NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY OR USEFULNESS OF ANY ADVICE, OPINION, STATEMENT OR OTHER CONTENT OR OF ANY PRODUCTS OR SERVICES DISTRIBUTED OR MADE AVAILABLE BY THIRD PARTIES THROUGH THE WEBSITE. SAMARION DOES NOT MAKE ANY WARRANTY THIS WEBSITE OR ITS CONTENT WILL MEET YOUR REQUIREMENTS, OR THAT THIS WEBSITE OR ITS CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED. NOR DOES SAMARION MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THIS WEBSITE OR ITS CONTENT OR AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH USE OF THIS WEBSITE.
SAMARION ASSUMES NO RESPONSIBILITY FOR ANY DAMAGES SUFFERED BY A USER, INCLUDING BUT NOT LIMITED TO LOSS OF DATA FROM DELAYS, NONDELIVERIES OF CONTENT OR EMAIL, ERRORS, SYSTEM DOWN TIME, MISDELIVERIES OF CONTENT OR EMAIL, NETWORK OR SYSTEM OUTAGES, FILE CORRUPTION, OR SERVICE INTERRUPTIONS CAUSED BY THE NEGLIGENCE OF SAMARION, ITS AFFILIATES, LICENSORS, OR A USER'S OWN ERRORS AND/OR OMISSIONS EXCEPT AS SPECIFICALLY PROVIDED HEREIN, SAMARION DISCLAIMS ANY WARRANTY OR REPRESENTATION THAT CONFIDENTIALITY OF INFORMATION TRANSMITTED THROUGH THE WEBSITE WILL BE MAINTAINED. NO ADVICE OR INFORMATION WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SAMARION OR THROUGH THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN WRITING, SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
7. Limitation of Liability.
UNDER NO CIRCUMSTANCES, INCLUDING WITHOUT LIMITATION, NEGLIGENCE, SHALL SAMARION OR ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM OR IN CONNECTION WITH THE USE OF OR THE INABILITY TO USE THIS WEBSITE OR ANY CONTENT CONTAINED ON THE WEBSITE, OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR OTHER INFORMATION THAT IS SENT OR RECEIVED OR NOT SENT OR RECEIVED, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF SAMARION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE PARTIES ACKNOWLEDGE THIS IS A REASONABLE ALLOCATION OF RISK.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.
8. General
APPLICABLE LAW. Terms of Use shall be governed by and construed in accordance with the laws of the State of Mississippi and federal laws of the United States of America, without giving effect to its conflict of laws provisions. You agree to submit to the personal and exclusive jurisdiction of the state or federal courts located within Mississippi.
OTHER. These terms constitute the entire agreement between you and Samarion governing your use of the website. Should any provision in these terms be found invalid or unenforceable for any reason, that provision shall be deemed severable from the terms and shall not affect the validity or enforceability of the remaining provisions. You agree that any claim arising out of or related to the terms or your use of the website must be filed within one year after it arose or be permanently barred.