The following Terms and Conditions govern your use of the AcuteNet™ Corporation (or “AcuteNet™”) web site(s), as well as the materials accessible on or from the site(s). They contain exclusions of warranties and limitations of liability. Please read them carefully before entering the site, and refer to them as necessary as you explore the web site(s). Your access or use of the site means that you accept these Terms and Conditions even if you choose not to read them. AcuteNet™ Corporation reserves the right to revise these terms and conditions at any time by updating this posting. You should visit this page periodically to review these terms and conditions.
© 2011 AcuteNet™ Inc. and any related marks are trademarks or registered trademarks of AcuteNet™. All other trademarks are the property of their respective companies. All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted in any form or by any means, mechanical, photocopying, recording or otherwise, without the prior written permission of AcuteNet™ Inc. While every precaution has been taken in the preparation of this document, AcutNet Inc. assumes no responsibility for errors or omissions. Neither is any liability assumed for damages resulting from the use of the information contained herein.
AcuteNet™, the AcuteNet™ logo, Acute Data Collection and Management Framework, ADCMF and Over The Air Forms are trademarks, salesmarks or registered trademarks of AcuteNet™ Corporation and may be used publicly only with written permission from AcuteNet™ Corporation and with proper acknowledgment. All other trademarks, brands, and names are the property of their respective owners.
Those areas of the AcuteNet™ Corporation web site(s) which you access by using a password or other security device may contain proprietary and confidential information of AcuteNet™ Corporation and its suppliers, including without limitation engineering documents, manuals, software, demonstrations, program listings, product pricing, data file printouts, and other technical and marketing information. By accessing AcuteNet™ Confidential Information, you agree to keep this information confidential and to use the information solely for the purpose of maintaining and supporting your customers. You also agree to use reasonable care with this Confidential Information and to only disclose it within your company to employees who need to know it and who are instructed and agree not to disclose the information and not to use the information for any purpose not permitted by these Terms and Conditions. You will not alter, decompile, disassemble, reverse engineer, modify, or disclose to any third party any AcuteNet™ Corporation Confidential Information that you receive.
Exclusion of Warranties and Liability
THE MATERIALS PROVIDED ON THIS WEB SITE ARE PROVIDED “AS IS, AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON INFRINGEMENT. ACUTENET™ CORPORATION DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS OR CONDITIONS REGARDING THE USE, VALIDITY, COMPLETENESS, ACCURACY, OR RELIABILITY OF, OR THE RESULTS OF THE USE OF, OR OTHERWISE RESPECTING, THE MATERIALS ON THIS SITE. ACUTENET™ CORPORATION DOES NOT ADOPT ANY REPRESENTATION OR WARRANTY OF ANY MANUFACTURER, SUPPLIER OR MERCHANT OF ANY INFORMATION, PRODUCTS OR SERVICES. IN NO EVENT SHALL ACUTENET™ CORPORATION, ITS DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF DATA OR PROFIT, ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR ACCESS TO THE MATERIALS ON THIS SITE, OR ANY CONSEQUENCES FLOWING THEREFROM, EVEN IF ACUTENET™ CORPORATION OR A ACUTENET™ CORPORATION AUTHORIZED REPRESENTATIVE SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH, AND WHETHER BASED IN AN ACTION IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER THEORY OF LIABILITY.
AcuteNet™ Corporation has attempted to provide accurate information on this web site as a service to you. However, we assume no responsibility for, and make no representations with respect to, the accuracy of the information. AcuteNet™ Corporation may change the programs or products mentioned on this web site at any time without notice. Mention of non-AcuteNet™ products or services is for your convenience and for information purposes only, and constitutes neither an endorsement nor a recommendation. Because international information is provided at this web site, not all products or programs mentioned will be available in your country. Please contact your local sales representative for information as to products and services available in your country.
You agree to indemnify AcuteNet™ and its officers, directors, employees and agents from and against any and all claims, demands, liabilities, costs, or expenses whatsoever, including without limitation reasonable legal fees and disbursements, resulting directly or indirectly from: (a) your access to or use of this web site or any web site to which this web site is or may be linked from time to time; (b) your use of, reliance on, or publication, communication or distribution of anything on or from this Site; or (c) your violation of any law or regulation.
This Site may contain links to other sites as well as electronic mail links. These links are provided solely as a convenience to you. These other sites were independently developed by parties other than AcuteNet™ Corporation and AcuteNet™ Corporation assumes no responsibility for the accuracy or appropriateness of the information in such sites. The inclusion of any link to another site or mention of another party or its products or services on the linked site should not be construed as an endorsement of that party or its products or services. If you decide to access any linked site, you do so entirely at your own risk. AcuteNet™ Corporation reserves the right to terminate any link to this Site.
All software that is made available for downloading from this Site is protected by copyright and may be protected by other rights.
Your downloading and use of any such software is conditioned on your agreement to be bound by the terms of the software license agreement or designated legal notice accompanying such software.
Third Party Submissions
This Site may contain materials (”Third Party Content”) submitted by other users. AcuteNet™ Corporation is not responsible for and does not represent or warrant the truthfulness, accuracy or reliability of any Third Party Content. AcuteNet™ Corporation is not responsible for screening or monitoring any Third Party Content posted by users of this Site. If notified of Third Party Content which allegedly breaches these terms and conditions, AcuteNet™ Corporation may investigate the allegation and determine in its sole discretion whether to remove or request the removal of the Third Party Content. AcuteNet™ Corporation has no liability for performance or non-performance of such activities. Any reliance on material posted by other users of the Site will be at your own risk.
These Terms and Conditions and the use of this web site shall be governed by the laws in force in the Province of Ontario, Canada without regard to the conflict of laws provisions therein. You irrevocably submit to the non-exclusive jurisdiction of the courts located in the Province of Ontario. You agree that the provisions of the United Nations Convention on Contracts for the International Sale of Goods shall not apply. If any provision hereof is held by a court of competent jurisdiction to be invalid, it shall be severed and the remaining provisions shall remain in full force without being invalidated in any way. The parties hereto are independent contractors.
These Terms and Conditions are not intended to create a partnership, joint venture, or agency relationship between the parties. Except for any written agreements with AcuteNet™ Corporation that expressly reference these terms and conditions, this is the entire agreement between you and AcuteNet™ Corporation relating to the matters contained herein and shall not be modified except in writing by AcuteNet™ Corporation.