Provisio Medical – Terms of Use
Thank you for your interest in our site. This Provisio Medical Terms of Use (the “Terms”) govern the relationship between you and Provisio Medical, a Delaware Corporation (hereinafter, “Provisio,” “us,”“our,” or “we”) regarding your use of our website located at www.provisiomedical.com (the “Site”). The terms “you,” “your,” and“yours” refer to the party using the Site and who has agreed to be bound by these Terms.
Use of our Site is also governed by our Privacy Policy, the most current version which can be found at https://www.provisiomedical.com/privacy-policy/ (the “Privacy Policy”), which is incorporated herein by reference.
DISCLAIMER – This site may contain information on medical and health-related topics. The information provided by this site is not intended nor is implied to be a substitute for professional medical advice. Always seek the advice of your physician or other qualified health care provider prior to starting any new treatment or with any questions you may have regarding a medical condition.
IMPORTANT – PLEASE READ CAREFULLY – THESE TERMS CREATE A LEGALLY BINDING AGREEMENT WHICH GOVERNS YOUR USE OF OUR SITE. BY ACCESSING OR USING OUR SITE, YOU ACCEPTAND AGREE TO BE BOUND, WITHOUT LIMITATION OR QUALIFICATION, BY THESE TERMS. BY ACCESSING OR USING ANY PART OF THE SITE, YOU AGREE THATYOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THESE TERMS OF USE. IFYOU DO NOT ACCEPT ANY OF THESE TERMS, YOU ARE PROHIBITED FROM USING OUR SITE.
Authorized Use
Subject to your agreement to, and continuing compliance with, these Terms and all other relevant Provisio policies,Provisio grants you a non-exclusive, non-transferable, revocable limited right and license to access and use the Site for your personal non-commercial use. In order to use the Site, you must be 18 years of age or over. If you are under the age of 18, you can use the Site only in conjunction with, and under the supervision of,your parent or guardian who has agreed to these Terms on your behalf.
Restrictions
You agree that you will not, under any circumstances: (a) engage in any act that we deem to be in conflict with the spirit or intent of our Site, including but not limited to circumventing or manipulating these Terms and other terms to which you are subject by Provisio; (b) use our Site in connection with any violation of any applicable law or regulation, or do anything that promotes the violation of any applicable law or regulation; (c) without our express written consent, modify or cause to be modified any files or content that are used to display our Site; (d) disrupt, overburden, or aid or assist in the disruption or overburdening of (i) any computer or server used to offer or support our Site (each a “Server”) or (ii) the enjoyment of our Site by any other person; (e) institute, assist or become involved in any type of attack, including without limitation distribution of a virus, denial of service attacks upon our Site or other attempts to disrupt our Site or any other person’s use or enjoyment of our Site; (f) gain or attempt to gain unauthorized access to our Site, Servers or networks connected to our Site by any means,including but not limited to circumventing or modifying, attempting to circumvent or modify or encouraging or assisting any other person to circumvent or modify, any security, technology, device or software that is part of our Site; (f) interfere or attempt to interfere with the proper functioning of our Site or connect to or use our Site in any way not expressly permitted by these Terms; (g) use, facilitate,create or maintain any unauthorized connection to our Site, including without limitation (i) any connection to any unauthorized server that emulates,or attempts to emulate, any part of our Site or (ii) any connection using programs, tools or software not expressly approved in writing by us; (h) copy, modify or distribute rights or content from any of our sites, including but not limited to content that contains or is protected by copyright or trademark or use any method to copy or distribute the content of our Site, except as specifically allowed in these Terms; (i) Upload or transmit or attempt to upload or to transmit, without our express written permission, any material that acts as a passive or active information collection or transmission mechanism, including, without limitation clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies or other similar devices (sometimes referred to as “spyware,” “passive collection mechanisms” or“pcms”).
Third Party Links
We may provide links on our Site to third party websites. We make no representation or warranty regarding any content, goods and/or services provided by any third party even if linked from our Site, and will not be liable for any claim relating to any third party content, goods and/or services. The linked third party sites are not under our control and may collect data or solicit personal information from you. We are not responsible for their content, business practices or privacy policies, or for the collection, use or disclosure of any information those sites may collect. Further, the inclusion of any third party link does not imply our endorsement by of these linked sites.
Notices and Forward Looking Statement
A statement regarding our compliance with a Comprehensive Compliance Program (“CCP”) that satisfies the requirements of California Health and Safety Code §§ 119400-119402 can be requested by emailing us at info@provisiomedical.com.
THIS SITE MAY CONTAIN FORWARD-LOOKING INFORMATION OR STATEMENTS. SUCH INFORMATION OR STATEMENTS ARE SUBJECT TO A VARIETY OF SIGNIFICANT UNCERTAINTIES, INCLUDING SCIENTIFIC, BUSINESS, ECONOMIC AND FINANCIAL FACTORS, AND THEREFORE ACTUAL RESULTS MAY DIFFER SIGNIFICANTLY FROM THOSE PRESENTED.
Ownership
Our Site or any portion thereof is covered by intellectual property rights owned by us or our licensors. All information, data, text, software, images, photographs,graphics, videos, web-casts, messages, tags, or other materials that are available on, or through, the Site (collectively, the “Content”) displayed on or through the Site is copyrighted by us and/or our licensors under United States and international copyright laws.The Content may not be copied, modified,reproduced, republished, posted, transmitted, sold, offered for sale, or redistributed in any way without the prior written permission of Provisio.You must abide by all copyright notices, information, or restrictions contained in or attached to any Content. Provisio, Ping SLT as well as certain other of the words and logos displayed on the Site, constitute trademarks, trade names, or service marks (“Marks”) of Provisio or our licensors. You are not authorized to use any such Marks. Ownership of all such Marks and the goodwill associated therewith remains with us or our licensors. Nothing contained on the Site or these Terms should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any name, logo, trademark or service mark displayed on the Site without the written prior permission of Provisio or such third party that may own the trademark displayed on the Site.
Updates to Our Site
We use our Site to post information regarding our products. Though we make reasonable efforts to keep the product information on our Site up-to-date, you understand and agree that not all product information posted on our Site may be current. You also understand that our Site undergoes frequent changes. You acknowledge and agree that we may update our Site without notifying you.
Disclaimer; Limitations; Waivers on Liability; Indemnification
Disclaimer of Warranties
YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK AND IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF NON- INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE (EXCEPT ONLY TO THE EXTENT PROHIBITED UNDER APPLICABLE LAW WITH ANY LEGALLY REQUIRED WARRANTY PERIOD THE SHORTER OF THIRTY (30) CALENDAR DAYS FROM FIRST USE OR THE MINIMUM PERIOD REQUIRED). WITHOUT LIMITING THE FOREGOING, NEITHER WE NOR OUR AFFILIATES OR SUBSIDIARIES, OR ANY OF THEIR DIRECTORS, EMPLOYEES, AGENTS, ATTORNEYS,THIRD-PARTY CONTENT PROVIDERS, DISTRIBUTORS, LICENSEES OR LICENSORS (COLLECTIVELY, “PROVISIO PARTIES”) WARRANT THAT OUR SITE WILL BE UNINTERRUPTED OR ERROR-FREE.
Limitations; Waivers of Liability
YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY ANY APPLICABLE LAW, THE DISCLAIMERS OF LIABILITY CONTAINED HEREIN APPLY TO ANYAND ALL DAMAGES OR INJURY WHATSOEVER CAUSED BY OR RELATED TO USE OF, OR INABILITY TO USE, OUR SITE UNDER ANY CAUSE OR ACTION WHATSOEVER OF ANY JURISDICTION, INCLUDING, WITHOUT LIMITATION ACTIONS FOR BREACH OF WARRANTY, BREACH OF CONTRACT OR TORT (INCLUDING NEGLIGENCE) AND THAT THE PROVISIO PARTIES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES IN ANY WAY WHATSOEVER ARISING OUT OF THE USE OF, OR INABILITYTO USE, OUR SITE. YOU FURTHER SPECIFICALLY ACKNOWLEDGE THATTHE PROVISIO PARTIES ARE NOT LIABLE,AND YOU AGREE NOT TO SEEK TO HOLD THE PROVISIO PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF OUR SITE AND EXTERNAL SITES AND OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. SOME JURISDICTIONS DO NOTALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS IN THE SECTION MAY NOT APPLY TO YOU.
General Provisions
Updates to the Terms and Privacy Policy
We reserve the right, at our sole discretion, to change, modify, add or remove portions of these Terms and its Privacy Policy at any time by posting the amended Terms or Privacy Policy through our Site. You will be deemed to have accepted such changes by continuing to use our Site. Except as otherwise stated in the amended terms, all amended terms will automatically be effective thirty (30) calendar days after they are initially posted.We may also revise other policies, codes or rules at any time and the new versions will be available on our Site. No amendment to the Terms or Privacy Policy will apply to any dispute of which we had actual notice before the date of the amendment.
If at any point you do not agree to any portion of the then-current version of ourTerms, the Privacy Policy or any other Provisio policy, rules or codes of conduct relating to your use of our Site, your license to use our Site will immediately terminate, and you must immediately stop using our Site.
To the extent the Terms or Privacy Policy conflict with any other Provisio terms, policies, rules or codes of conduct that apply to you, the terms contained in these Terms and in the Privacy Policy will govern.
Severability
You and we agree that if any portion of these Terms or of the Privacy Policy is found illegal or unenforceable, in whole or in part, by any court of competent jurisdiction, such portion will, as to such jurisdiction, be ineffective solely to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of the Terms, which will continue to be in full force and effect.
Assignment
We may assign or delegate these Terms and/or the Privacy Policy, in whole or in part, to any person or entity at any time without your consent.You may not assign or delegate any rights or obligations under the Terms or the Privacy Policy without our prior written consent and any unauthorized assignment and delegation by you is ineffective.
Supplemental Policies
We may publish additional policies related to specific services such as forums, contests or loyalty programs. Your right to use such services is subject to those specific policies and these Terms.
Entire Agreement
These Terms, any supplemental policies and any documents expressly incorporated by reference herein (including the Privacy Policy) contain the entire understanding of you and us, and supersede all prior understandings of the parties hereto relating to the subject matter hereof, whether electronic,oral or written, or whether established by custom, practice,policy or precedent, between you and us with respect to our Site.
No Waiver
Our failure to require or enforce your strict performance of any provision of these Terms or the Privacy Policy or failure to exercise any right under them will not be construed as a waiver or relinquishment of our right to assert or rely upon any such provision or right in that or any other instance. Our express waiver of any provision, condition or requirement of these Terms or the Privacy Policy will not constitute a waiver of any future obligation to comply with such provision, condition or requirement. Except as expressly and specifically set forth in these Terms, no representations, statements, consents, waivers or other acts or omissions by us will be deemed a modification of these Terms nor legally binding, unless documented in physical writing, hand signed by you and one of our duly appointed officers.
Equitable Remedies
You acknowledge that the rights granted and obligations made under these Terms to us are of a unique and irreplaceable nature, the loss of which will irreparably harm us and which cannot be replaced by monetary damages alone, so that we will be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety or proof of damages) in the event of any breach or anticipatory breach by you.
Force Majeure
We will not be liable for any delay or failure to perform resulting from causes outside of our reasonable control, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond our control, such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes,shortages of transportation facilities, fuel, energy, labor or materials.
Questions and Comments
If you have any questions, comments or claims relating to these Terms and/or the Site, you may email us at info@provisiomedical.com.