Terms of Use

Last Updated: April 2, 2013

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS SITE

This website, including www.caradigm.com and its affiliated sites (collectively, the "Site"), is for information purposes only. The Site is operated by Caradigm USA LLC (“Caradigm”).

These terms may be changed from time to time and without further notice. Your continued use of the Site after any such changes constitutes your acceptance of the new terms. If you do not agree to abide by these or any future terms, please do not use the Site.

Caradigm may terminate, change, suspend or discontinue any aspect of the Site, including the availability of any features, at any time. Caradigm may remove, modify or otherwise change any content, including that of third parties, on or from this Site. Caradigm may impose limits on certain features and services or restrict your access to all or any part of the Site without notice or liability. Caradigm may terminate your use of the Site at any time in its sole discretion.

These terms apply exclusively to your access to and use of the Site and do not alter the terms or conditions of any other agreement you may have with Caradigm or its parents, subsidiaries or affiliates.

1. Proprietary Rights

Copyrights

All content on this Site, including but not limited to design, text, software, technical drawings, configurations, graphics, other files, and their selection and arrangement ("Site Content"), are either Copyright © 2012 Caradigm, or are the proprietary property of Caradigm's affiliates or licensors. All rights reserved. The Site Content may not be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without Caradigm's prior written permission, except that you may download and print content for noncommercial uses that are not competitive with or derogatory to Caradigm, provided that you keep all copyright or other proprietary notices intact. Please note that this limited consent may be revoked at any time and does not include consent to republish Site Content on any Internet, Intranet or Extranet site or to incorporate the information in any other database or compilation. Any other use of the Site Content is strictly prohibited.

Trademarks

All trademarks on the Site are either trademarks or registered trademarks of Caradigm or its affiliates or licensors and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Caradigm. All page headers, custom graphics, button icons, and scripts are service marks, trademarks and/or trade dress of Caradigm or its affiliates, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Caradigm. Other trademarks, registered trademarks, product names, and company names or logos displayed on the Site are the property of their respective owners.

Patents

Caradigm's products and processes may be covered by one or more patents and are subject to other trade secret and proprietary rights. Caradigm reserves all such rights. No transfer or grant of rights under any patents is made or is to be implied by any provision of these terms.

Press Release

Information contained in any press release available on this Site (or through a link to a third party website) was provided as of the date of such press release. Caradigm assumes no obligation to update any information contained in such press release, whether to reflect events or circumstances subsequent to the date of such press release or otherwise.

2. User Conduct - General

In using this Site, you agree:

  1. not to disrupt or interfere with the security of, or otherwise abuse, the Site, or any services, system resources, accounts, servers or networks connected to or accessible through the Site or affiliated or linked websites;
  2. not to disrupt or interfere with any other user's enjoyment of the Site or affiliated or linked websites;
  3. not to upload, post, or otherwise transmit through or on this Site any viruses or other harmful, disruptive or destructive files;
  4. not to use or attempt to use another's account, service or system without authorization from Caradigm, or create or use a false identity on this Site;
  5. not to transmit through or on this Site spam, chain letters, junk mail or any other type of unsolicited mass email to people or entities who have not agreed to be part of such mailings;
  6. not to divulge your username and password, if applicable, to others either on or off the Site;
  7. not to attempt to obtain unauthorized access to the Site or portions of the Site which are restricted from general access; and,
  8. not use this Site to seek, provide or obtain specific medical advice, medical opinion, diagnosis or treatment as applied to a patient’s particular condition or situation.

In addition, you agree that you will comply with all applicable local, state, national and international laws and regulations, including but not limited to United States export restrictions, that relate to your use of or activities on this Site. This Site is controlled and operated in the United States. If you are in a jurisdiction which restricts you from accessing this Site, do not access or use this Site. Caradigm makes no representation that the Site is appropriate or available for use outside the United States.

3. Communications On and Through the Site

Except as otherwise provided in section 4 below, you agree that any communications you transmit to Caradigm, including, questions, comments, suggestions, ideas, plans, notes, drawings, configurations, specifications, purchase orders, quotes or requests for quotes, performance data, account information, or other material, data or information (collectively, "Information"), are non-confidential and upon transmission of such Information to Caradigm via email or other means you grant to Caradigm an irrevocable, non-exclusive, royalty-free, sublicensable, worldwide license (including but not limited to a copyright license) to use such Information in any media for any purpose.

4. Privacy Statement

You acknowledge and agree that Caradigm may use the data collected in the course of our relationship for the purposes identified in our Privacy Statement, which is incorporated by reference as if fully set forth in these terms.

5. Site Content - Limitations

All Site Content available through the Site is believed to be accurate. However, you should independently evaluate the accuracy of the information and the usefulness for your particular needs of any content, product or service available through the Site. Caradigm reserves the right to make changes without notice. All information on the Site is subject to the disclaimers of section 7 below.

6. Links and Third Party/User Content

Links to Other Web Sites. This Site contains links to other websites, including links to access or interact with third-party services unaffiliated to us, such as Microsoft HealthVault, Facebook, YouTube and Twitter. Caradigm does not control the privacy practices of these third-party services. These links are provided as a convenience and do not constitute an endorsement, sponsorship or recommendation by Caradigm of -- or responsibility for -- the linked websites or any content, services or products available on or through such sites.

Links from Other Web Sites. All links to this Site must be approved in writing by Caradigm, except that Caradigm consents to links in which:

  1. the link is a text-only link containing only the title of the home page of this Site,
  2. the link "points" only to the home page of the Site and not to deeper pages,
  3. the link, when activated by a user, displays this home page of the Site full-screen and not within a "frame" on the linked website, and
  4. the appearance, position, and other aspects of the link does not
    • create the false appearance that an entity or its activities or products are associated with or sponsored by Caradigm or its affiliates, or
    • be such as to damage or dilute the goodwill associated with the name and trademarks of Caradigm or its affiliates. Caradigm reserves the right to revoke this consent to link at any time in its sole discretion.

Third Party Content. This Site may from time to time contain material, data or information provided, posted or offered by third parties. You agree that neither Caradigm nor its affiliates will have any liability whatsoever to you for any such third party material, data or information.

User Content. The Site may allow you and other third parties to post data, text, code, help, opinions, advice, statements, reviews, comments, photographs, and other materials and information that will be accessible by visitors to and members of the Site ("User Content"). All User Content is the sole responsibility of the person from whom the User Content originated and not of Caradigm, or its members, affiliates, directors, officers, or employees. Caradigm may review and delete any User Content, in whole or in part, that in the sole judgment of Caradigm violates these terms or that might be offensive, illegal, or that might violate the rights of or harm any third parties. Nonetheless, under no circumstances will Caradigm or its members, directors, officers, or employees be held liable for any loss or damage caused by your reliance on User Content obtained through the Site. It is your responsibility to evaluate the User Content available through the Site. Although User Content will not be pre-screened or reviewed, we reserve the right to refuse or delete any User Content.

7. Disclaimers

THIS SITE AND THE CONTENT AVAILABLE THROUGH IT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOU EXPRESSLY AGREE THAT USE OF THIS SITE AND/OR ITS CONTENT IS AT YOUR SOLE RISK.

TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, CARADIGM AND ITS AFFILIATES DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.

YOU EXPRESSLY AGREE THAT USE OF THIS SITE, INCLUDING ALL CONTENT ACCESSED FROM OR THROUGH THE SITE, IS AT YOUR SOLE RISK. YOU UNDERSTAND AND AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR BUSINESS, YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH USE.

YOU ACKNOWLEDGE THAT CARADIGM DOES NOT CONTROL INFORMATION, PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES THROUGH THE SITE OR OUTSIDE THE SITE. EXCEPT AS OTHERWISE AGREED IN WRITING, CARADIGM AND ITS AFFILIATES ASSUME NO RESPONSIBILITY FOR AND MAKE NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY OR USEFULNESS OF ANY ADVICE, OPINION, STATEMENT OR OTHER CONTENT OR OF ANY PRODUCTS OR SERVICES DISTRIBUTED OR MADE AVAILABLE BY THIRD PARTIES THROUGH THE SITE OR OUTSIDE THE SITE. CARADIGM DOES NOT MAKE ANY WARRANTY THAT THIS SITE OR ITS CONTENT WILL MEET YOUR REQUIREMENTS, OR THAT THIS SITE OR ITS CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED. NOR DOES CARADIGM MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THIS SITE OR ITS CONTENT OR AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH USE OF THIS SITE.

SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

8. Limitation of Liability

UNDER NO CIRCUMSTANCES, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, WILL CARADIGM OR ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM OR IN CONNECTION WITH THE USE OF OR THE INABILITY TO USE THIS SITE OR ANY CONTENT CONTAINED ON THE SITE, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF CARADIGM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE PARTIES ACKNOWLEDGE THAT THIS IS A REASONABLE ALLOCATION OF RISK.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.

9. Claims of Copyright Infringement

Caradigm respects the intellectual property rights of others, and requires that the people who use the Site do the same. It is our policy to respond promptly to claims of intellectual property misuse. If you believe that your work has been copied and is accessible on the Site in a way that constitutes copyright infringement, you may notify us by providing our copyright agent with the following information in writing:

  • The electronic or physical signature of the owner of the copyright or the person authorized to act on the owner's behalf;
  • Identification of the copyrighted work that you claim has been infringed;
  • Identification of the material that is claimed to be infringing and information reasonably sufficient to permit us to locate the material;
  • Your name, address, telephone number, and email address;
  • A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  • A statement made under penalty of perjury that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf.
  • If we receive such a claim, we reserve the right to refuse or delete material as described under these terms.

Our designated agent to receive notification of claimed infringement under the Digital Millennium Copyright Act of 1998 ("DMCA") is:

Caradigm USA LLC
500 - 108th Ave NE, Suite 300
Bellevue, WA 98004
Attn: Copyright Infringement

After receiving a claim of infringement, we will process and investigate notices of alleged infringement and will take appropriate actions under the DMCA and other applicable intellectual property laws. Upon receipt of notices complying or substantially complying with the DMCA, we will act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity, and will act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. We will take reasonable steps promptly to notify the user that we have removed or disabled access to such material.

Upon receipt of a proper counter notification under the DMCA, we will promptly provide the person who provided the initial notification of claimed infringement with a copy of the counter notification and inform that person that we will replace the removed material or cease disabling access to it in 10 business days. Unless our designated agent first receives notice from the person who submitted the initial notification that such person has filed an action seeking a court order to restrain the user from engaging in infringing activity relating to the material on the Site, we will replace the removed material and cease disabling access to it.

You may provide us with a counter notification by providing our copyright agent the following information in writing:

  • Your physical or electronic signature;
  • Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
  • A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
  • Your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district in which we may be found and that you will accept service of process from the person who provided the initial notification of infringement.

10. General

Applicable Law

These terms will be governed by and construed in accordance with the laws of the State of Washington, and the federal laws of the United States of America, without giving effect to its conflict of laws provisions. You agree to submit to the personal and exclusive jurisdiction of the state or federal courts located within King County, the State of Washington.

Other

These terms constitute the entire agreement between you and Caradigm governing your use of the Site. Should any provision in these terms be found invalid or unenforceable for any reason, then that provision will be deemed severable from these terms and will not affect the validity or enforceability of the remaining provisions. You agree that any claim arising out of or related to these terms or your use of the Site must be filed within one year after it arose or be permanently barred.

Questions

Please direct any questions regarding these terms to info@caradigm.com.

Contact Us

Contact us if you have concerns about these Terms of Use.

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