Last Updated: July 6, 2021
You must be at least 18 years of age to use the Site. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least 18 years of age; and (b) your use of the Site is in compliance with any and all applicable laws and regulations. If you are an entity, organization, or company, the individual accepting these Terms on your behalf represents and warrants that they have authority to bind you to these Terms and you agree to be bound by these Terms.
Changes to the Terms
We may periodically make changes to these Terms. When we do, we will update the “Last Updated” date above. It is your responsibility to review the most recent version of these Terms and to remain informed of any changes. You agree that your continued use of the Site after the effective date of any changes will constitute your acceptance of the changed Terms for your continued use. Disputes arising under these Terms will be resolved in accordance with the version of these Terms that was in effect at the time the dispute arose.
Changes to the Site
We reserve the right to modify or discontinue, temporarily or permanently, all or a part of the Site without notice. We will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site. From time to time, we may restrict access to some parts of the Site, or the entire Site, to users, including registered users.
Product and Service Information; No Reliance on Information
The information presented on or through the Site is made available solely for general information purposes. The Site may contain information about proprietary software, hardware, and support services made available by Avail (the “Avail Services”). Avail does not guarantee or warrant that information regarding the Avail Services, including features, specifications, pricing, availability, or support is complete, accurate, or error-free. Avail does not recommend, endorse, or make any representation about the efficacy, appropriateness, or suitability of any specific procedures, products, treatments, opinions, health care providers or other information that may be contained on or available through the Site. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site, or by anyone who may be informed of any of its contents. Avail reserves the right to modify information about the Avail Services at any time and without notice.
Registration; Account Security
If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Site or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security.
Subject to these Terms, Avail grants you a limited, revocable license to access and use the Site solely for non-commercial purposes to learn more about our products and services and to review and apply for job openings. No other use of the Site is authorized. Except as expressly set forth herein, no right, title, or interest in or to the Site or any Site Content (as defined below) is transferred to you, and all rights not expressly granted are reserved by Avail.
You must comply with all applicable laws when using the Site. Except as may be expressly permitted by applicable law or expressly permitted by us in writing, you will not, and will not permit anyone else to: (a) store, copy, modify, distribute, or resell any information or material available on the Site (“Site Content”) or compile or collect any Site Content as part of a database or other work; (b) use any automated tool (e.g., robots, spiders, or similar tools) to use the Site or store, copy, modify, distribute, or resell any Site Content; (c) rent, lease, or sublicense your access to the Site; (d) use the Site or Site Content for any purpose except for your own personal use; (e) circumvent or disable any digital rights management, usage rules, or other security features of the Site; (f) reproduce, modify, translate, enhance, decompile, disassemble, reverse engineer, or create derivative works of the Site; (g) use the Site in a manner that threatens the integrity, performance, or availability of the Site; (h) remove, alter, or obscure any proprietary notices (including copyright notices) on any portion of the Site or Site Content; or (i) engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site or Site Content, or which, as determined by us, may harm Avail or users of the Site or expose them to liability.
The Site is owned and operated by Avail. We or our licensors retain all right, title, and interest in and to the Site and Site Content and any trademarks, logos, or service marks displayed on the Site or in Site Content (“Marks”). Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner. The Site, Site Content, and Marks are protected by applicable intellectual property laws and international treaties. Except as expressly authorized by Avail, you may not make use of the Site, Site Content, and Marks. Any use of the Site or the Site Content not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.
Links and Third-Party Content
The Site contains links to third party products, services, and websites, including links that may allow you to register for certain industry meetings and conferences. We exercise no control over the third party products, events, services, and websites and we are not responsible for their performance, do not endorse them, and are not responsible or liable for any content, advertising, or other materials made available through the third party products, services, events, and websites. We are not responsible or liable, directly or indirectly, for any damage or loss caused to, or suffered by, you by your use of or reliance on any goods or services available through the third party products, services, events, and websites. If you decide to access any of the third party websites linked to this Site, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
Additionally, if you follow a link or otherwise navigate away from the Site, please be aware that these Terms will no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any third-party websites to which you navigate to from the Site.
Avail may require you to provide contact information in order to access certain features of the Site, including to request a demonstration of Avail’s products or services or to join our mailing list. You may be asked to provide your first and last name, email, phone number, city, country, employer, and job description. If you choose to provide Avail with this information, you agree that Avail may contact you in connection with its marketing and promotional activities by calling, emailing, text messaging, or contacting you through other means using the contact information you provided. You also agree that the information you provide is accurate and that you will keep it accurate and up-to-date at all times. You may opt out of receiving marketing communications by following the specific instructions included in such communications.
Avail may provide you with a mechanism to provide feedback, suggestions, and ideas about the Site or us (“Feedback”). You agree that we may, in our sole discretion, use the Feedback you provide in any way, including in future modifications to the Site, our products, or services. You hereby grant us an unrestricted, perpetual, worldwide, fully transferable, irrevocable, royalty-free right to exploit the Feedback in any manner for any purpose.
Disclaimer of Warranties
YOUR USE OF THE SITE AND SITE CONTENT IS AT YOUR SOLE RISK. THE SITE AND SITE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. AVAIL EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF THE SITE OR SITE CONTENT, AND YOU RELY ON THE SITE AND SITE CONTENT AT YOUR OWN RISK. ANY MATERIAL OBTAINED THROUGH THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR LOSS OF DATA THAT MAY RESULT FROM THE DOWNLOAD OF ANY MATERIAL THROUGH THE SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM AVAIL OR THROUGH OR FROM THE SITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. HOWEVER, AVAIL DOES NOT DISCLAIM ANY WARRANTY OR OTHER RIGHT THAT AVAIL IS PROHIBITED FROM DISCLAIMING UNDER APPLICABLE LAW.
Limitation of Liability
AVAIL WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF AVAIL HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES), RESULTING FROM YOUR USE OF THE SITE AND SITE CONTENT. UNDER NO CIRCUMSTANCES WILL AVAIL’S TOTAL LIABILITY OF ALL KINDS ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE OR SITE CONTENT (INCLUDING BUT NOT LIMITED TO WARRANTY CLAIMS), REGARDLESS OF THE FORUM AND REGARDLESS OF WHETHER ANY ACTION OR CLAIM IS BASED ON CONTRACT, TORT, OR OTHERWISE, EXCEED $50. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO, AND DOES, ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
You will indemnify and hold Avail, and affiliates, officers, agents, and employees, harmless from any costs, damages, expenses, and liability arising out of your use of the Site or Site Content, your violation of these Terms, or your violation of any rights of a third party through use of the Site or Site Content. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of those claims.
These Terms are governed by the laws of the State of California without regard to conflict of law principles. The exclusive jurisdiction and venue for any claims arising out of or related to these Terms or your use of the Site will lie in the state and federal courts located in Santa Clara County, California, and you irrevocably agree to submit to the jurisdiction of such courts. The failure of Avail to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by Avail in writing. In the event that a court of competent jurisdiction finds any provision of these Terms to be illegal, invalid or unenforceable, the remaining provisions will remain in full force and effect.
If you have any questions or concerns about the Site or these Terms, you may contact us by email at [email protected] or write to us at:
Avail Medsystems, Inc.
2953 Bunker Hill Lane, Suite 101
Santa Clara, CA 95054