Terms, Conditions, and Disclaimers

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE. Your use of this web site is expressly conditioned on your acceptance of the following terms and conditions. By using this web site, you signify your assent to these terms and conditions. If you do not agree with any part of the following terms and conditions, you must not use this web site.

Limited permission to view using a browser and to cache is granted.

All images, web site design elements, text, graphics, logos, buttons, icons, other content, the presentation, selection and arrangement thereof, and all software

OWNERSHIP. This site, and each of its components, is the copyrighted property of CareData - Patient Tracking Systems Corporation ("CareData"), and/or its various third party providers and distributors. Portions of the content found on this web site may be owned by third-party providers and distributors and is the copyrighted work of the respective third-party providers. None of the content or data found on this web site may be reproduced, republished, distributed, sold, transferred, or modified without the express written permission of CareData and/or its third-party providers and distributors. In addition, the trademarks, logos and service marks displayed on this web site (collectively, the "Trademarks") are registered and common law trademarks of CareData, its affiliates, and various third parties. Nothing contained on this web site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Trademarks without the written permission of CareData or such other party that may own the Trademarks.

USE OF SITE. You may only use this web site to browse the content, make inquiries to CareData, order CareData products and not for any other purposes. This site and the content provided in this web site may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed without the written permission of CareData, except that you may download, display and print one copy of the materials presented on this web site on a single computer for your personal, non-commercial use only. ‘Deep-linking’, ‘embedding’ or using analogous technology is strictly prohibited unless specifically authorized in writing. Unauthorized use of this web site and/or the materials contained on this web site may violate applicable copyright, trademark or other intellectual property laws or other laws. You must retain all copyright and trademark notices, and any other proprietary notices, contained in the materials. The use of such materials on any other web site or in any environment of networked computers is prohibited. You are prohibited from posting to or transmitting from this web site any unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. The links from this web site to other websites are provided for your information and convenience only. CareData does not assume any responsibility or liability with respect to any website linked from this web site (or any website linking to this web site), including its content and operation. CareData does not review or monitor such links. A link from this web site to another website (or a link from another website to this web site) does not constitute a referral, endorsement, approval, advertising, offer or solicitation with respect to such website, its contents, or any products or services advertised or distributed through that website. While this web site may contain "links" to many sites, we are not responsible for the content or the privacy practices employed by other sites.

AGE AND RESPONSIBILITY. You represent that you are of sufficient legal age to use this web site and to create binding legal obligations for any liability you may incur as a result of the use of this web site. You understand that you are financially responsible for all uses of this web site by you and those using your login information.

PRIVACY. You represent that you have read the CareData Privacy Policy, the terms of which are incorporated herein, and agree that the terms of such policy are reasonable. You consent to the use of any information submitted to CareData by CareData and/or its third-party providers and distributors in accordance with the terms of and for the purposes set forth in the CareData Privacy Policy.

EXCLUSION OF WARRANTY. CareData AND ANY THIRD-PARTY PROVIDERS AND DISTRIBUTORS MAKE NO WARRANTY OF ANY KIND REGARDING THIS SITE AND/OR ANY MATERIALS PROVIDED ON THIS SITE, ALL OF WHICH ARE PROVIDED ON AN "AS IS" BASIS. CareData AND ANY THIRD-PARTY PROVIDERS AND DISTRIBUTORS DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENCY OR RELIABILITY OF ANY OF THE CONTENT OR DATA FOUND ON THIS SITE AND SUCH PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS, INCLUDING IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. Although we strive to provide on this web site the latest developments relating to our products and services, and other information about our company, we do not warrant the accuracy, effectiveness and suitability of any information contained in this web site. Each person assumes full responsibility and all risks arising from use of this Internet site. The information is presented "AS IS" and may include technical inaccuracies or typographical errors. CareData reserves the right to make additions, deletions, or modifications to the Information at any time without any prior notification.

LIMITATION OF LIABILITY. CareData ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THIS SITE OR YOUR DOWNLOADING OF ANY MATERIALS, SOFTWARE, DATA, TEXT, IMAGES, VIDEO, AUDIO OR OTHER MATERIAL FROM THE SITE. IN NO EVENT SHALL CareData OR ANY THIRD-PARTY PROVIDERS OR DISTRIBUTORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO LOST PROFITS OR LOST SAVINGS), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH (i) ANY USE OF THIS SITE OR CONTENT FOUND HEREIN, (ii) ANY FAILURE OR DELAY, OR (iii) THE PERFORMANCE OR NON PERFORMANCE BY CareData OR ANY THIRD-PARTY PROVIDERS OR DISTRIBUTORS, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES TO SUCH PARTIES OR ANY OTHER PARTY.

INDEMNIFICATION. You shall defend and indemnify CareData and any third-party providers and distributors and their officers, directors, employees and agents from and against any claim, cause of action or demand, including without limitation reasonable legal and accounting fees, brought by third parties as a result of your use of this web site.

HEALTH-RELATED INFORMATION. You should be aware that the material that appears on our site is for informational purposes only and is not meant to substitute for individualized advice provided by your own physician or other medical professional. You should not use the information contained herein for diagnosing or treating a health problem or disease, or prescribing any medication. You should always discuss with your physician any information obtain from or through this web site. You should carefully read all product packaging. If you have or suspect that you have a medical problem, promptly contact your health care provider. Information and statements regarding products described on this web site have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure, or prevent any disease. CareData does not recommend or endorse any specific tests, products, procedures, opinions, physicians, clinics or other information that may be mentioned on or referenced on this web site. Anyone purchasing a banner advertisement or sponsoring or supporting CareData and this web site do not affect the content of this web site and the inclusion of any content on this web site should be not be inferred as an endorsement of any product or service. CareData is not responsible or liable to you for any advice, course of treatment, diagnosis or other information, services or products that you obtain through this site or from your physician who may access INFORMATION or services through this site.

SUBMISSIONS. "Submissions" means all comments, feedback, suggestions, photos, e-mail and similar information or materials that you submit to CareData regarding the products or services of CareData. Submissions will not be confidential and will become the property of CareData upon submission to CareData. By providing any such Submissions, you agree to assign to CareData, at no charge, all worldwide rights, title and interest in copyrights and other intellectual property rights to the Submissions. You represent and warrant that any Submission you provide to CareData will be complete and accurate. You acknowledge that you are responsible for the Submissions that you provide, and that you, not CareData, have full responsibility for the Submissions, including their legality, reliability, appropriateness, originality and copyright. CareData does not prescreen or monitor any Submissions as a matter of policy.

Except as expressly stated and agreed upon in advance by CareData, no confidential relationship shall be established in the event that any user of this web site should make any oral, written or electronic communication to CareData (such as feedback, questions, comments, suggestions, ideas, etc.). If any CareData web site requires or requests that such information be provided, and that such information contains personal identifying information (e.g., name, address, phone number), CareData shall obtain, use and maintain it in a manner consistent with our Privacy and Security policy (see below). Otherwise, such communication and any information submitted therewith shall be considered non-confidential, and CareData shall be free to reproduce, publish or otherwise use such information for any purposes whatsoever including, without limitation, the research, development, manufacture, use or sale of products incorporating such information. The sender of any information to CareData is fully responsible for its content, including its truthfulness and accuracy and its non-infringement of any other person's proprietary or privacy rights.

Product and Service Availability. Reference to any product or service on the web site does not constitute an offer to sell or supply that product or service and does not mean that the product or service is available or that the name and description of any product in your local area will be the same as that included on the web site. CareData controls and operates the web site from Chicago, Illinois. In no way does CareData imply that the materials on the web site are appropriate or available for use outside of the United States.

Prices and Availability. PRICES AND AVAILABILITY OF THE PRODUCTS AND SERVICES LISTED ON THE SITE ARE SUBJECT TO CHANGE WITHOUT NOTICE. The listing, description of, or reference to, a product or service on the web site does not imply that the product or service is presently available. In the event a product or service is listed at an incorrect price due to a typographical error, error in pricing information received from a supplier, or any other reason, we shall have the right to refuse or cancel any order placed for such product or service at the incorrect price, even if the order has been confirmed and/or your credit card has been charged. If your credit card has already been charged for the purchase and your order is cancelled, we shall promptly issue a credit to your credit card account in the amount of the incorrect price.

Order Acceptance. Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your order to accept or decline your order for any reason or for no reason at all. We reserve the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any product or service.

Sales Tax. We are required by law to charge applicable sales tax on products shipped to those jurisdictions that charge such a tax and in which we operate.

Payment. You are responsible for any payments due for any products or services ordered through your account. If we do not receive payment from your credit card issuer or its agents, you agree to pay all amounts due to us. You shall also be responsible for any costs of collection for overdue payments.

Registration and Security. If you wish to purchase any products or use certain services on the web site, you must open an account with us and provide the required information to us. By entering any information on the web site, you represent and warrant that: (i) you are at least 18 years of age; (ii) you are using your actual identity; (iii) you have provided only true, accurate, current and complete information; and (iv) you will maintain and promptly update the information that you provide to keep it true, accurate, current and complete. Additionally, you agree to maintain the strict confidentiality of your account and any passwords issued to you for your use of or access to the web site or any portion thereof, and you agree not to allow any other entity to use any username(s) or password(s) that are issued to you. You shall be responsible for all activity that occurs under your account or password. We cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations. All information provided to us will be used in accordance with our Privacy Policy.

If you wish to cancel a username or password, or if you become aware of any loss, theft or unauthorized use of a username or password, please notify us immediately. We reserve the right to delete or change any username or password at any time and for any reason.

RELATIONSHIP. Your use of this web site is independent of CareData and not as an employee, agent, partner, or joint venturer with CareData for any purpose.

GOVERNING LAW. This Agreement and its performance shall be governed by the laws of the State of Illinois, without regard to its conflict of laws provisions. You consent and submit to the exclusive jurisdiction of the state and federal courts located in the State of Illinois, in all questions and controversies arising out of your use of this web site and this Agreement.

ASSIGNMENT. You may not assign, convey, subcontract or delegate your rights, duties or obligations hereunder.

MODIFICATION. CareData may at any time modify these terms and conditions and your continued use of this web site will be conditioned upon the terms and conditions in force at the time of your use.

ADDITIONAL TERMS. Additional terms and conditions may apply to purchases of goods and services and other uses of portions of this web site, and you agree to abide by such other terms and conditions.

SEVERABILITY. These terms and conditions shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.

HEADINGS. The heading used in these Terms and Conditions are included by convenience only and will not limit or otherwise affect these Terms and Conditions.

ENTIRE AGREEMENT. These terms and conditions, together with those incorporated herein or referred to herein constitute the entire agreement between us relating to the subject matter hereof, and supersedes any prior understandings or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on this web site.

Copyright Act Agent. CareData respects the intellectual property rights of others, and require that the people who use the web site do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to the Copyright Agent named below:

Your address, telephone number, and email address;
A description of the copyrighted work that you claim has been infringed;
A description of where the alleged infringing material is located;
- A statement by you that you have a good faith belief that the disputed use is not authorized by you, the copyright owner, its agent, or the law;
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
- A statement by you, made under penalty of perjury, that the above information is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner.
Copyright Agent

Legal Department

CareData Solutions Corporation
PMB # 46017
140 Broadway 46th floor
New York, NY 10005