Terms and Conditions of Use
Personal and Noncommercial Use
The information provided by 7 Medical Systems on this Web Site is general in nature and provided for informational purposes only. The Web Site is for your personal and noncommercial use. As a condition to your continued use of the Web Site, you warrant to 7 Medical Systems that you will not use the Web Site for any purpose that is unlawful or prohibited by these Terms and Conditions.
Restricted to Adults
You must be at least 18 years of age to use this Web Site. You agree to be solely responsible for (i) maintaining such controls over the use and/or access to this Web Site by minors in your family, or (ii) limiting access to your computer or login to the extent necessary to restrict its use to adults.
Disclaimer of Warranties
Neither 7 Medical Systems nor its employees, agents, partners, or licensors warrant that the Web Site or its operation will be accurate, reliable, uninterrupted or error-free. You are responsible for implementing sufficient procedures for accuracy of data input and output, backing up of data and protection from malicious or damaging computer software. If your use of the Web Site results in the need for servicing or replacing property, material, equipment or data, 7 Medical Systems is not responsible for those costs. No agent or representative has the authority to create any warranty regarding the Web Site on behalf of 7 Medical Systems.
Reliance on any information presented on the Web Site is at your own risk. 7 Medical Systems reserves the right to change or discontinue any aspect or feature of the Web Site at any time.
You acknowledge that, in connection with the Web Site, information will be transmitted over local exchange, inter-exchange and Internet backbone carrier lines and through routers, switches and other devices owned, maintained and serviced by third party local exchange and long distance carriers, utilities, Internet service providers and others, all of which are beyond the control and jurisdiction of 7 Medical Systems. Accordingly, 7 Medical Systems assumes no liability for or relating to the delay, failure, interruption or corruption of any data or other information transmitted in connection with use of the Web Site.
WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE WEB SITE IS PROVIDED TO YOU “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, COVERING THE ACCURACY OF THE INFORMATION CONTAINED WITHIN THE WEB SITE.
7 MEDICAL SYSTEMS MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE WEB SITE CONTENT, SOFTWARE TEXT, GRAPHICS, AND LINKS, OR ABOUT RESULTS TO BE OBTAINED FROM USING THE WEB SITE AND MAKES NO WARRANTIES ON THIS WEBSITE WITH REGARDS TO 7 MEDICAL SYSTEM PRODUCTS AND SERVICES.
Limitation of Liability
IN NO EVENT SHALL 7 MEDICAL SYSTEMS, ITS SUBSIDIARIES AND AFFILIATES OR ANY THIRD PARTIES MENTIONED AT THE WEB SITE BE LIABLE FOR ANY COSTS, DAMAGES AND EXPENSES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, HEALTH PROBLEMS, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE WEB SITE OR THE CONTENT OF THE WEB SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT 7 MEDICAL SYSTEMS IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 7 MEDICAL SYSTEMS SHALL BE LIABLE TO YOU ONLY FOR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT AND ONLY TO THE EXTENT OF ACTUAL DAMAGES INCURRED BY YOU, NOT TO EXCEED U.S. $100.00 (ONE HUNDRED DOLLARS).
Because some states and countries do not allow the exclusion of limitation of liability for consequential or incidental damages, the above limitation may not apply to you. Remedies under this agreement are exclusive and are limited to those expressly provided for in this agreement.
You agree to defend, indemnify and hold 7 Medical Systems, its subsidiaries and affiliates, and their officers, directors, employees and agents, licensors and business partners harmless from and against any claims, actions or demands, liabilities and settlements, including, without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your use of the Web Site in a manner that violates or is alleged to violate these Terms and Conditions. 7 Medical Systems shall provide you with prompt notice of any such claim, suit or proceeding and shall reasonably cooperate with you, at your expense, in your defense of any such claim, suit or proceeding.
The Web Site links to other Web sites operated by third parties. The inclusion of any link to such sites does not imply endorsement by 7 Medical Systems of the site, but is for your reference and convenience only. 7 Medical Systems has not reviewed all of the sites linked to the Web Site and is not responsible for the content or accuracy of any off-site pages or any other sites linked to the Web Site nor does 7 Medical Systems recommend or endorse any products, services or procedures that may be mentioned on or represented on sites linked to the Web Site. Linking to any other off-site pages or other sites is at your own risk and subject to the Terms and Conditions of Use of any hyper-linked site.
Unless otherwise prohibited under these Terms and Conditions, you are hereby licensed to create hyperlinks to the content on the Web Site, provided that the hyperlink accurately describes the content as it appears on the Web Site. 7 Medical Systems reserves the right to revoke this license generally, or your right to use specific links, at any time, and may normally break any hyperlink after 14 days. Under no circumstances may you “frame” the Web Site or any of its content or copy portions of the Web Site to a server, except as part of an Internet service provider’s incidental caching of pages. Each page within 7Medical.com must be displayed in full (including all trademarks, branding, advertising and promotional materials), without any accompanying frame, border, margin, design, branding, trademark, advertising or promotional materials not originally displayed on the page within the Web Site.
7 Medical Systems retains full copyright ownership, rights and protection in all material contained on the Web Site (including all software, HTML code and other code, or business methods). Except as otherwise expressly provided in these Terms and Conditions, you may not copy, distribute, transmit, display, perform, reproduce, publish, license, rewrite, create derivative works from, transfer, or sell any material contained on the Web Site without the prior consent of 7 Medical Systems.
You may, however make single copies of materials displayed on the Web Site for your own personal and noncommercial use, provided any copies include the copyright and other notices displayed with the materials on the Web Site.
None of the material contained on the Web Site may be reverse-engineered, disassembled, decompiled, transcribed, stored in a retrieval system, translated into any language or computer language, retransmitted in any form or by any means (electronic, mechanical, photo-reproduction, recordation or otherwise), resold or redistributed without the prior written consent of 7 Medical Systems.
All content of the Web Site is Copyright © 2005-2010 7 Medical Systems, LLC. All rights reserved.
7 Medical Systems logo(s) are registered trademarks or services marks of 7 Medical Systems, LLC. 7 Medical Systems logo, Imaging-On-Demand, and PRM-On-Demand are trademarks or services marks of 7 Medical Systems, LLC. Other company and product names may be trademarks of the respective companies with which they are associated. The mention of such companies and product names on the Web Site is with due recognition and without intent to misappropriate such names or marks.
You agree that 7 Medical Systems may terminate your use of the Web Site if 7 Medical Systems reasonably believes that you have violated or acted inconsistently with the letter or spirit of these Terms and Conditions of Use, or violated the rights of 7 Medical Systems or any third party, or for any reason with or without notice to you. You agree that 7 Medical Systems may modify or discontinue the Web Site, with or without notice to you. You agree that 7 Medical Systems will not be liable to you or any third party as a result of such modification or discontinuation.
The provisions entitled “Disclaimer of Warranties,” “Limitation of Liability,” “Indemnification” and “General Provisions” will survive termination of this agreement.
You expressly agree that exclusive jurisdiction for any dispute with 7 Medical Systems, or in any way relating to your use of the Web Site (“Legal Action”), resides in the courts of the State of Minnesota. You further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of Minnesota in connection with any such dispute. Any Legal Action that is subject to the jurisdiction of federal courts shall be instituted in a federal court in the Hennepin County District of Minnesota. These Terms and Conditions are governed by the internal substantive laws of the State of Minnesota, without regard to conflict of law principles. If any provision of these Terms and Conditions are found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition. Any cause of action you may have with respect to 7 Medical Systems must be commenced within one year after the claim or cause of action arises or such claim or cause of action is barred.
7 Medical Systems may deliver notice to you under these Terms and Conditions by means of electronic mail, a general notice on the Web Site, or by written communication delivered by first class U.S. mail to your address on record in 7 Medical System’s account information. You may give notice to 7 Medical Systems at any time via letter delivered by first-class postage prepaid U.S. mail or overnight courier to the following address:
7 Medical Systems, LLC
651 Nicollet Mall, Suite 501
Minneapolis, MN 55402
Attentin: Legal Department
Last Updated: May 12, 2011