Website Terms of Use
These Website Terms of Use (“Terms of Use”) govern your access to and use of the www.medsource-sw.com website and any online services we provide through it (collectively, the “Services”). By accessing or using the Site or Services, you agree to be bound by these Terms of Use. If you do not agree, you must not use the Site or Services.
These Terms of Use are in addition to, and do not replace, our separate Terms and Conditions of Sale, which govern purchases of products through the Site.
Use of Service
MedSource‑SW currently offers, among other things, the ability to request product sale quotes online as part of the Services. We may modify, expand, or discontinue any part of the Services, in whole or in part, at any time in our sole discretion. We may also modify, suspend, or deny your access to the Services at any time without notice.
Information we obtain from you when you use the Services is subject to our Privacy Statement. To use the Services, you must have access to the internet and appropriate equipment, and you are responsible for any fees associated with that access.
Registration and Account Security
If you register for an account, you will receive a user ID and password. You are responsible for maintaining the confidentiality of your password and for all activities that occur under your account.
You agree to:
· Immediately notify your MedSource‑SW administrator if your password is lost or stolen, if you become aware of any unauthorized use of your password, or any other breach of security that might affect MedSource‑SW.
· Ensure that any information you provide in connection with your account is accurate and kept up to date.
MedSource‑SW is not responsible for any loss or damage resulting from your failure to comply with these obligations.
If you are an administrator responsible for creating user IDs for your institution, you and your institution are responsible for all use of those IDs and passwords.
User Conduct
You understand and agree that all information, data, and other material made available through the Services (“Content”) is the responsibility of the person or entity providing such Content.
When using the Site or Services, you agree that you will not:
· Upload, post, email, or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright, or other intellectual property right, privacy right, or publicity right of any person or entity.
· Upload, post, email, or otherwise transmit any Content that is illegal, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise offensive.
· Impersonate any person or entity, including a representative of MedSource‑SW, or falsely state or otherwise misrepresent your affiliation with any person or entity.
· Forge headers or otherwise manipulate identifiers to disguise the origin of any Content transmitted through the Services.
· Upload, post, email, or otherwise transmit any unsolicited or unauthorized advertising or promotional materials (including “spam” or “junk mail”), except in areas of the Site clearly designated for such activities.
· Use the Site or Services for any purpose that violates any local, state, federal, or foreign law or regulation.
· Collect or store personal data about other users except as permitted by these Terms of Use and only for lawful communication reasonably anticipated by those users.
· Directly or indirectly disrupt or interfere with the Site or Services in any manner that may adversely affect MedSource‑SW or any user.
· Upload, post, email, or otherwise transmit any material that contains software viruses or any other code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer hardware, software, or telecommunications equipment.
Disclaimer of Content
You understand and acknowledge that MedSource‑SW does not generally pre-screen third-party Content provided as part of the Services. We may, but are not obligated to, monitor, review, refuse, or remove any Content made available on the Site or through the Services, in our sole discretion.
MedSource‑SW expressly disclaims any responsibility or liability for the performance or non-performance of any Content review. You acknowledge and agree that you assume all risk associated with your use of any and all Content.
No Resale of Service
You agree to use the Services solely for your own internal business purposes and not to use, reproduce, duplicate, copy, sell, resell, or otherwise exploit any portion of the Site or Services for commercial purposes that are not related to your business with MedSource‑SW.
Ownership of Content
You understand and agree that your use of the Services entitles MedSource‑SW to use, monitor, and preserve copies of all information and Content transmitted through or stored on the Site to the extent permitted by law. We may disclose such information or Content if required to do so by law or in good‑faith belief that such disclosure is reasonably necessary to:
· Comply with legal process;
· Enforce these Terms of Use or other applicable policies;
· Respond to claims that any Content violates the rights of third parties;
· Protect the personal safety of any person; or
· Protect the property rights of MedSource‑SW or any other person or entity.
General Practices Regarding Storage
You understand and agree that MedSource‑SW may establish and revise general practices and limits concerning the use of the Services, including, without limitation, the maximum number of days that messages, data, or other Content will be retained by the Services. MedSource‑SW has no responsibility or liability for the deletion of, or failure to store, any messages, communications, or other Content maintained on the Site or transmitted using the Services.
Termination
You acknowledge and agree that MedSource‑SW may, in its sole discretion, terminate your password, account, or other access privileges and remove or discard any Content without notice for any reason, including, without limitation, if:
· You do not use the Services for a period that MedSource‑SW deems to be extended;
· MedSource‑SW believes that you have violated these Terms of Use; or
· You have otherwise acted or failed to act in a manner that MedSource‑SW deems objectionable.
You agree that any termination of your access to the Site or Services shall not result in any liability or other obligation of MedSource‑SW to you or any third party.
Links to Other Sites
The Services may provide, or third parties may provide, links to other websites. Such links are provided for your convenience only and do not constitute an endorsement by MedSource‑SW of the provider of the linked site, or of any content, products, or services available on or through such site.
MedSource‑SW is not responsible for any matter associated with any linked site, including its content or your reliance on any information, products, or services available through it. Your use of any linked site is at your own risk and is subject to the terms and conditions of that site.
Copyright Information
The Content on the Site is owned by MedSource‑SW and/or third parties and is protected under United States and international copyright laws. Certain materials are used by permission of their respective owners.
You may not copy, reproduce, republish, upload, post, transmit, or distribute any Content in any way without the prior written permission of MedSource‑SW, except that, subject to your compliance with these Terms of Use, MedSource‑SW authorizes you to view or download a single copy of the Content solely for your internal business use, provided that you keep intact all copyright, trademark, and other proprietary notices.
Any modification of the Content or use of the Content for any other purpose is a violation of the rights of MedSource‑SW or the respective third-party owner. Nothing in these Terms of Use shall be construed as conferring, by implication, estoppel, or otherwise, any license or right under any copyright, patent, trademark, or other proprietary interest of MedSource‑SW or any third party.
Indemnity
You agree to defend, indemnify, and hold MedSource‑SW, its officers, directors, employees, and agents harmless from and against any third‑party claim, action, or demand and all related liabilities, damages, and expenses (including reasonable legal and accounting fees) arising out of or related to your use of the Site, the Content, or the Services in a manner that violates these Terms of Use or applicable law.
Governing Law and Miscellaneous
These Terms of Use, and any disputes arising out of or relating to your use of the Site or Services, are governed by the same Governing Law, Venue, and Statute of Limitations provisions set out in our Terms and Conditions of Sale.
If any provision of these Terms of Use is found to be invalid by a court of competent jurisdiction, the remaining provisions will remain in full force and effect. Our failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.