TERMS and CONDITIONS AGREEMENT (Updated May 2023)

Welcome to our Web site (the “Web site”). InfoMedica USA (“InfoMedica”, “we,” “us,” or “our”) provides the following Terms and Conditions Agreement (the “Agreement”) to govern your use of the Internet Web site and any Communication Services, (‘Communication Services” applies to any form of media or technology now known or hereafter developed) that is owned and operated by InfoMedica USA (“Web site”, “Communication Services”, “Services”). Please carefully review this entire Agreement before using our Web site and Communication Services. The Services are offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained in the Agreement. Your use of the Services constitutes you have read this agreement and confirms your binding consent to all such terms, conditions, and notices. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, YOU ARE NOT AUTHORIZED TO USE OUR SERVICES AND SHOULD DISCONTINUE USE OF ALL SERVICES IMMEDIATELY.

Our Web site and Communication Services are intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use this Web site or our Communication Services.

Privacy Policy
Your use of InfoMedica USA’s services constitutes your have read and consent to the terms of the InfoMedica USA Privacy Policy. Please click here for a copy of the Privacy Policy. The privacy policy also governs your visit to the Web site and Communication Services so you understand our privacy practices.

Accuracy of Information
We attempt to be as accurate as possible on the Web site and all Communication Services; however, to the extent permitted by applicable law, we do not warrant that the descriptions, colors, or other content on the Services is accurate, complete, reliable, current, or error-free.

Disclaimer

The WEB site and Communication Services are provided “as is”.  INFOMEDICA USA makes no representation or warranty of any kind relating to the WEB site or other content or web sites AND OTHER COMMUNICATION SERVICES that may be accessible directly or indirectly through the INFOMEDICA USA web site AND COMMUNICATION SERVICES.  INFOMEDICA USA disclaims any and all representations and warranties to the maximum extent permitted by law.

INFOMEDICA USA DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY LAW AND ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES AGAINST INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY OR PROPREITARY RIGHTS, WARRANTIES RELATING TO DELAYS, INTERRUPTIONS, ERRORS, OR OMISSIONS OF THE SERVICES, OR ANY PART THEREOF, WARRANTIES RELATING TO THE TRANSMISSION OR DELIVERY OF THE SERVICES, WARRANTIES RELATING TO THE ACCURACY, RELIABILITY, CORRECTNESS, OR COMPLETENESS OF DATA, AND WARRANTIES RELATING TO THE PERFORMANCE, NONPERFORMANCE, OR OTHER ACTS OR OMISSIONS BY INFOMEDICA USA OR ANY THIRD PARTY.  INFOMEDICA USA makes no warranties or representations, expressED or implied, that the information provided through the web site OR ON ANY OF OUR COMMUNICATION SERVICES will be free from error, omission, interruption, defect, or delay in operations.  Any information on this WEB site OR ON ANY OF OUR COMMUNICATION SERVICES is subject to change without notice, and we disclaim all responsibility for these changes.

THERE IS NO WARRANTY THAT THE WEB SITE OR OUR COMMUNICATION SERVICES WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON.  YOU ACKNOWLEDGE, BY YOUR USE OF THE WEB SITE AND OUR COMMUNICATION SERVICES, THAT YOUR USE OF THE WEB SITE AND OUR COMMUNICATION SERVICES IS AT YOUR SOLE RISK.

Intellectual Property
All content available on the Web site and Communication Services, including, but not limited to, text, graphics, logos, button icons, images, audio clips, data compilations, and software, and the compilation thereof (the “Content”) is the property of InfoMedica USA, our affiliates, our partners or our licensors, and is protected by United States and international copyright laws.

The trademarks, logos, and service marks displayed on the Web site and Communication Services (collectively, the “Trademarks”) are the registered and unregistered marks of InfoMedica USA, our affiliates, our licensors or our partners, in the United States and other countries, and are protected by United States and international trademark laws.

All other Trademarks not owned by us, our affiliates, our partners or our licensors that appear on the Web site and Communication Services, are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.

Under applicable copyright and trademark laws, you are prohibited from copying, reproducing, modifying, distributing, displaying, performing, or transmitting any content owned by InfoMedica USA or their respective owners.

No Professional Advice
Any information supplied through the Services or by any employee or agent of InfoMedica, whether by telephone, email, letter, facsimile, media post, or other form of communication, is for educational purposes or general guidance on the use of the Services, and does not constitute medical, legal, tax, accounting, or other professional advice. Health-related information provided through the Services is not a substitute for medical advice and it is important that you not make medical decisions without first consulting your personal physician or health care practitioner. The receipt of any questions or feedback you submit to InfoMedica does not create a professional relationship and does not create any confidentiality privileges beyond those described in our Privacy Policy. Your use of information available on or through this Web site or our Communication Services is your own responsibility and own risk.

Modification of This Agreement
InfoMedica USA reserves the right to amend this Agreement at any time without prior notice. You are bound by any such revisions and should therefore periodically visit this page to review the then-current Terms and Conditions to which you are bound. Your use of the Services after the posting of modifications to this Agreement will constitute your acceptance of this Agreement, as modified. If at any time you do not wish to accept this Agreement, you are not thereafter authorized to use the Services.

Third-Party Links
We are not responsible for the content of any off-Web site pages or any other Websites, or media linked to or from the Web site or Communication Services. Links appearing on the Web site or Communication Services are for your convenience only and are not an endorsement by us, our affiliates, or our partners of the referenced content, product, service, or supplier. Your linking to or from any off-Web site pages or other Web sites or media is at your own risk. We are in no way responsible for examining or evaluating, and we do not warrant the offerings of off-Web site pages or any other Web sites or media linked to or from the Web site, nor do we assume any responsibility or liability for the actions, content, products, or services of such pages and Web sites, including, without limitation, their privacy statements and terms and conditions. You should carefully review the terms and conditions and privacy policies of all off Web site pages and other Web sites or media that you visit.

Choice of Law and Forum
This Agreement shall be governed by and construed in accordance with the laws of the State of Wisconsin, excluding its conflict of law rules. You and InfoMedica expressly agree to submit to the exclusive jurisdiction and venue of the courts in Wisconsin in all disputes arising out of or relating to the use of our Services.

Limitation of Liability
In no event will InfoMedica or its affiliates or any party involved in creating, producing, or delivering this service, be liable for any direct, incidental, consequential, indirect, special, or punitive damages arising out of your access, use, misuse, or inability to use these Services or any linked services, or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus, or line or system failure. In addition, InfoMedica or its affiliates are not responsible or liable in any manner for failed, delayed, or misdirected delivery of any information sent through email or all media.

InfoMedica reserves the right to alter the content of this service in any way, at any time, for any reason, without prior notification, and will not be liable for possible consequences of such changes. These limitations apply even if InfoMedica has been advised of the possibility of such damage.

Because some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, InfoMedica’s liability in such jurisdictions shall be limited to the extent permitted by law.

Indemnification
You agree to defend, indemnify, and hold us harmless for any loss, damages, or costs, including reasonable attorneys’ fees, resulting from any third-party claim, action, or demand resulting from your use of the Web site and Communication Services, or your breach of the Terms and Conditions Agreement. You also agree to indemnify us for any losses, damages, or costs, including reasonable attorneys’ fees, resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our infrastructure. Additionally you agree to defend, indemnify, and hold us harmless for any loss, damages, costs, or third party claims resulting from you providing us with contact information that is not your own.

InfoMedica does not warrant that the Services content will be available at any time or from any particular location, will be secure or error-free, or that the Web site content or its Web site and Communication Services are free of viruses or other potentially harmful components. InfoMedica may also at its sole discretion modify or suspend the features, availability, operation and/or look and feel of the Services content from time to time without notice to you.

InfoMedica is not responsible for any problems or technical issues outside of InfoMedica’s reasonable control, including outages in telephone/data network or lines and problems or traffic congestion on the Internet.  Under no circumstances is InfoMedica responsible for any loss or damage, include personal injury or death, resulting from anyone’s use of InfoMedica’s Web site and Communication Services. InfoMedica cannot guarantee and does not promise any specific results from use of the Services.  Your use of the Services is at your own risk.

No Waiver
The failure of InfoMedica to enforce any provisions of this Agreement or respond to a breach by you or other parties shall not in any way waive its right to enforce subsequently any terms or conditions of this Agreement or to act with respect to similar breaches.

User Representation

By using this Web site or our Communication Services, you represent and warrant the below:

• All information you submit on any of our Services will be true, accurate, current, and complete
• You will maintain the accuracy of such information and promptly update information as necessary
• You have the legal capacity and agree to comply with this agreement
• You are not a minor in the jurisdiction in which you reside
• You will not access the Web site or our Communication Services through automated or non-human means, whether through a bot, script, or otherwise
• You will not use this Web site or our Communication Services for any illegal or unauthorized purposes
• Your use of the Web site and our Communication Services will not violate any applicable law or regulation

Prohibited Activities

You may not access or use this Web site or any of our Communication Services for any purpose other than that for which we make the Services available. The Web site and our Communication Services may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

Miscellaneous

You and InfoMedica USA agree no joint venture, employment, partnership, or agency relationship exists between you and InfoMedica USA as a result of this agreement or your use of this Web site and Communication Services.  The terms set forth in this agreement pertain to your use of InfoMedica’s Web site and Communication Services.  If you do not agree to these Terms and Conditions, you are not authorized to access or use any of our Services.