Use of Site. SurgiCount Medical, Inc. ("SurgiCount Medical") authorizes you to view and download the materials at this Web site (Site) only for your personal, non-commercial use, provided that you retain all copyright and other proprietary notices contained in the original materials on any copies of the materials. The entire content of the Site, including any images or text, is copyrighted and may not be distributed, reproduced, publicly displayed, downloaded, modified, reused, reposted, or otherwise used except as provided herein without the express prior written permission of SurgiCount Medical. For purposes of these Terms, any use of these materials on any other Web site or networked computer environment for any purpose is prohibited. All product names, regardless of whether or not they appear in large print or with the a trademark symbol, are trademarks of SurgiCount Medical, its affiliates, related companies, or its licensors or joint venture partners unless otherwise noted. The use or misuse of these trademarks, copyrights, or other materials, except as permitted herein, is expressly prohibited and may be in violation of copyright law, trademark law, communications regulations and statutes, and other laws, statutes and/or regulations. If you breach any of these Terms, your authorization to use this Site automatically terminates and you must immediately destroy any downloaded or printed materials. SurgiCount Medical also reserves the right to terminate your authorization to use any services at the Site and to delete any one or more of your related accounts immediately and at any time if you breach or threaten to breach any of these Terms.
Use of Software. Your use, installation or downloading of software from this Site ("Software") indicates your acceptance of and is subject to the license terms in the Software License Agreement that accompanies or is provided with the Software. If no such Software License Agreement accompanies or is provided with the Software, then you agree that you accept a limited, non-exclusive, non-transferable license to use the Software as is solely for your own internal business purposes in relation to your use of this Site and that your use of the Software is subject to the following provisions: (1) you shall not translate, disassemble, decompile, reverse engineer, alter or modify the Software or make any copies of any documentation or Software (except one copy for back-up or archival purposes only); (2) you shall not sell, assign, sublicense, transfer, disclose, or permit access to the Software or related documentation to any other person or entity; and (3) THE LICENSOR DISCLAIMS (AND YOU ACCEPT THE SOFTWARE WITHOUT) ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SOFTWARE.
Use of Information and Materials. The information and materials contained in these pages are subject to change. Not all products and services are available in all geographic areas. Your eligibility for particular products and services is subject to final determination and acceptance by the entity providing such products or services and the provision of such products or services is not an obligation of or guaranteed by SurgiCount Medical unless SurgiCount Medical is identified as the entity providing such products or services. The Site has been designed to provide general information about SurgiCount Medical and health and wellness related information. These pages are not intended to provide investment or medical advice, nor do they provide instruction on the appropriate use of products produced, supplied or under development by SurgiCount Medical, its affiliates, related companies, or its licensors, joint venture partners or other companies. SurgiCount Medical shall not be held responsible for any action taken that is based on the information presented on the Site, and all users of the Site agree that all access and use of the Site, and any and all content presented on the Site, is at the users own risk.
Links To Other Web Sites. Links to third party Web sites on this Site are provided solely as a convenience to you. If you use these links, you will leave this Site. SurgiCount Medical has not reviewed all of these third party sites and does not control and is not responsible for any of these sites or their content. Thus, SurgiCount Medical does not endorse or make any representations about them, or any information, software or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of the third party sites linked to this Site, you do this entirely at your own risk.
Disclaimer. NEITHER SURGICOUNT MEDICAL NOR ANY PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THIS SITE SHALL BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES ARISING OUT OF USERS ACCESS, USE, OR INABILITY TO USE THE SURGICOUNT MEDICAL WEB SITE OR ANY WEB SITES LINKED TO THIS SITE, OR ANY ERRORS OR OMISSIONS IN THE CONTENT OF ANY OR ALL SUCH SITES WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE CONTENT PROVIDED AT THIS SITE IS PROVIDED AS IS WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. SurgiCount Medical further does not warrant the accuracy and completeness of the content at this Site. SurgiCount Medical may make changes to the materials and services at this Site at any time without notice. The materials and services at this Site may be out of date and SurgiCount Medical makes no commitment to update the materials and services at this Site. Information published at this Site may refer to products, programs or services that are not available in your country. Consult your local SurgiCount Medical business contact for information regarding the products, programs and services that may be available to you. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
Applicable Laws. This Site is administered by SurgiCount Medical from its offices in Temecula, CA and this Site and these Terms (including without limitation the validity, construction and performance of duties related to the Terms) will be governed by and construed in accordance with the laws of the United States of America and more particularly the laws of the State of California without giving effect to any principles of conflicts of laws. SurgiCount Medical makes no representation that materials or services at this Site are appropriate or available for use outside the United States, and access to them from territories where their contents are illegal is prohibited. You may not use or export or re-export the materials or services at this Site or any copy or adaptation in violation of any applicable laws or regulations including without limitation U.S. export laws and regulations. If you choose to access this Site from outside the United States, you do so on your own initiative and are responsible for compliance with applicable local laws. You agree that any cause of action or claim that you may have relating to this Site must be made or instituted within one year of when the cause of action or claim accrued.
Note: Anyone linking to SurgiCount Medical's Web site must comply with the Guidelines for Linking to SurgiCount Medical's Web Site and all applicable state, federal, local and international laws. We regard the use of our registered and unregistered trademarks and service marks in metatags and/or hidden text as trademark infringement, and treat the use of these terms in page text, metatags, and/or hidden text for purposes of gaining higher rankings from search engines as unfair competition.
General. SurgiCount Medical may revise these Terms at any time by updating this posting. You should visit this page from time to time to review the then-current Terms because they are binding on you. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages at this Site.
Revised July 2008
Guidelines for Linking to SurgiCount Medical's Web Site
If you link to SurgiCount Medical's web site, you agree that you at all times may link to, but not replicate, SurgiCount Medical content. In addition you:
Shall not frame or otherwise create a browser or border environment around SurgiCount Medical content
Shall not imply that SurgiCount Medical is endorsing you or your products
Shall not misrepresent your or your sites relationship with SurgiCount Medical
Shall not present false, misleading or inaccurate information SurgiCount Medical or SurgiCount Medical's products or services on your site or otherwise
Shall not use the SurgiCount Medical logo without express prior written permission from SurgiCount Medical
Shall not include content on your site that is or could be construed as illegal, distasteful, offensive or controversial, and shall include on your site only content that is appropriate for all age groups
Shall not link to an internal or subsidiary page of SurgiCount Medical's web site that is located one or several levels down from the home page or bring up or present content of this site on another site without SurgiCount Medical's prior written permission