BY ACCESSING, VISITING, BROWSING, USING, OR ATTEMPTING TO INTERACT WITH ANY PART OF THIS WEBSITE, INCLUDING WITHOUT LIMITATION THE WEBSITE’S FORMS, YOU AGREE, ON YOUR OWN BEHALF PERSONALLY, AND ON BEHALF OF ANY ENTITY FOR WHICH YOU ARE AN AGENT OR YOU APPEAR TO REPRESENT, THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, DO NOT ACCESS OR USE ANY PART OF THIS WEBSITE.
Our services are not directed to persons under 13 AND MAY NOT BE USED BY PERSONS UNDER 13. IF YOU ARE UNDER 13, ALTIMATE DOES NOT AUTHORIZE YOUR USE OF ITS SERVICES. INSTEAD, PARENTS OR GUARDIANS SHOULD ACCESS THIS SITE ON BEHALF OF THEIR CHILDREN UNDER 13.
ACCESS TO THIS SITE
RESTRICTIONS ON USE
You may use this website for purposes expressly permitted by this website. As a condition of your access and use of the website, you warrant to Altimate that you will not use the website for any purpose that is unlawful or prohibited by any part of this Agreement. For example, you may not (and may not authorize any party to) (i) co-brand this website, or (ii) frame this website, without the express prior written permission of an authorized representative of Altimate. For purposes of this Agreement, “co-branding” means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute this website or content accessible within this website. You agree to cooperate with Altimate in causing any unauthorized co-branding or framing immediately to cease.
In addition, you may not use the website in any manner which could disable, overburden, damage, or impair the website or interfere with any other party’s use and enjoyment of the website. You may not obtain or attempt to obtain any materials, content, or information through any means not intentionally made available or provided for through the website. You may not use scrapers, bots, spiders, or other automated tools to collect or index the content of the website without Altimate’ express prior written permission. You may not attempt to probe, scan or test the vulnerability of the website or any system to which it is connected or attempt to breach any security measures.
If you are a Covered Entity (as defined at 45 C.F.R. §160.103), and supplying information that may include Protected Health Information as defined under 45 C.F.R. §160.103 (“PHI”) to us in the capacity as your Business Associate (as defined at 45 C.F.R. §160.103), all such PHI must be supplied solely under our Business Associate Agreement (“BAA”). Covered Entities may not provide information to us that is PHI or in any way subject to the Health Insurance Portability and Accountability Act of 1996 (HIPAA) or the Health Information Technology for Economic and Clinical Health Act of 2009 (HITECH) without our advance consent and agreement to our BAA.
The material and content accessible from this website, including without limitation any text, photos, videos, audio, scripts, software, markup language, or other content whether perceptible or not to a human (the “Content”) is the proprietary information of Altimate or the party that provided or licensed the Content to Altimate and Altimate’s assigns, whereby such providing party retains all right, title, and interest in the Content. Accordingly, the Content may not be copied, distributed, republished, uploaded, posted, displayed, performed, licensed, modified, or transmitted in any way without the prior written consent of Altimate or its assigns. Modification or use of the Content except as expressly provided in this Agreement violates Altimate’s or its assigns’ intellectual property rights. Neither title nor intellectual property rights are transferred to you by your access to or use of this website.
ADDITIONAL USE LIMITATION
You may not modify, translate, decompile, disassemble, reverse engineer, alter, copy, distribute, display, send, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, Content, software, or services obtained from or otherwise connected to the website.
This website may be hyper-linked to other websites which are not maintained by, or related to, Altimate and may contain information about products or services that are not related to or endorsed by Altimate. Hyper-links to such websites and information are provided as a service to you and are not necessarily sponsored by or affiliated with this website or Altimate. Altimate may not have reviewed any or all of such websites and information and is not responsible for the content of those websites or the descriptions of their products and services. Altimate is not responsible for webcasting or any other form of transmission received from any hyper-linked website. Hyper-links are to be accessed at your own risk and information contained therein is relied upon at your own risk, and Altimate makes no representations or warranties about the content, completeness, or accuracy of these hyper-links or the websites hyper-linked to this website or the information regarding or relating to their fundraisers, philanthropic services, products, and services.
You hereby grant to Altimate a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display, make, use, sell, offer to sell and import all content, remarks, inventions, suggestions, ideas, graphics, photos, videos, audio, text, or other information communicated to Altimate by you through this website (together, the “Submission”), and to incorporate any Submission in other works in any form, media, or technology now known or later developed in relation to Altimate. You further agree that Altimate may use your name, likeness, pseudonym, avatar, or other information related to your identity and provided to Altimate through the website in conjunction and in relation to your Submission for the benefit of Altimate. Altimate will not be required to treat any Submission as confidential, and may use any Submission in relation to Altimate’s business without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future Altimate operations. Altimate is not obligated to post or use any Submissions you may provide and if posted, may remove any Submissions at any time in Altimate’ sole discretion.
You warrant and represent that you own or otherwise control all of the rights to any Submission including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submission and grant the license you provide in accordance with this Agreement, and that the Submission will not violate any law or the rights, including without limitation the intellectual property rights, of any person or entity.
Where Altimate provides you with an opportunity to agree to allow Altimate to quote your comments and use those quotes in ads, brochures, mail and other promotions and you decline to provide the permission, Altimate will honor your choice regardless of the terms set forth herein. Where you agree to provide such permissions, the scope of permission shall be as set forth herein.
You understand that Altimate cannot and do not guarantee or warrant that the website or their Content, or any other files available for downloading from the Internet will be free of viruses, worms, Trojan horses, or other code that may manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to this website for any reconstruction of any lost data. Altimate does not assume any responsibility or risk for your use of the website, its Content, or the Internet.
The Content is not necessarily complete and up-to-date and should not be used to replace any written reports, statements, or notices provided by Altimate. Except as set forth in this Agreement itself, nothing on this website constitutes a guarantee, warranty, or promise of any type. The Content should not be relied upon by you or any other party for personal, medical, financial, or legal decisions and you should consult an appropriate professional for specific advice tailored to your situation.
YOUR USE OF THIS WEBSITE IS AT YOUR OWN RISK. THE WEBSITE AND THE CONTENT ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. ALTIMATE DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT RELATED TO THIS WEBSITE AND THE CONTENT. ALTIMATE DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED IN THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ALTIMATE DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF THE CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND ALTIMATE MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. YOU, AND NOT ALTIMATE, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS WEBSITE OR ITS CONTENT. ALTIMATE MAKES NO WARRANTIES THAT YOUR USE OF THE WEBSITE OR ITS CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT.
DISCLAIMERS AND WARRANTIES RELATED TO PRODUCTS AND SERVICES PURCHASED FROM ALTIMATE ARE SUBJECT TO THEIR RESPECTIVE TERMS AND POLICIES.
All of the information in this website, whether historical in nature or forward-looking, speaks only as of the date the information is posted on this website, and Altimate does not undertake any obligation to update such information after it is posted or to remove such information from this website if it is not, or is no longer accurate or complete.
Like most websites, this website is accessible worldwide. Altimate reserves the right to limit the provision of its website or other information or services on the website to any person, geographic area, or jurisdiction. You agree to comply with all applicable laws and local rules regarding the transmission of technical data, acceptable content, and online conduct.
LIMITATION ON LIABILITY
ALTIMATE AND ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, VENDORS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, LOSS OF DATA, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF ALTIMATE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN RELATION TO OR REGARDING THIS WEBSITE OR ITS CONTENT. IF NO LIABILITY IS NOT ALLOWED UNDER THE APPLICABLE LAW, IN NO EVENT WILL THE COLLECTIVE LIABILITY OF ALTIMATE, ALTIMATE ASSIGNEES, LICENSORS, SERVICE PROVIDERS, VENDORS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE MINIMUM AMOUNT ALLOWED BY LAW.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES OR LIABILITY FOR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, SO THE FULL SCOPE OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Any cause of action against Altimate, Altimate’s Assigns, licensors, service providers, vendors, content providers, employees, agents, officers, and directors with respect to the website or its Content must be instituted within one (1) year from the date on which the claim arose.
ADDITIONAL GOVERNING TERMS AND CONDITIONS.
The website may contain additional disclosures, terms, and conditions including without limitation terms and policies regarding the submission of PHI, which are governed by the BAA. Wherever the website or other forums present additional terms and conditions, disclosures, or other agreements, you are also bound by those additional terms and, where in specific conflict with the terms and conditions of this Agreement, those additional terms shall control over the terms in this Agreement.
TERMINATION OR RESTRICTION OF ACCESS
Altimate reserves the right, in their sole discretion, to terminate your access to any or all of Altimate’ websites or any portion thereof at any time, without notice.
You will indemnify and hold Altimate, its Affiliates, licensors, content providers, service providers, vendors, employees, agents, officers, directors, and contractors (the “Indemnified Parties”) harmless from an use of the website or its Content by you or your breach of this Agreement, including without limitation any use of Content other than as expressly authorized in this Agreement. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, settlements, expenses, and attorney’s fees of the Indemnified Parties in relation to your breach or your use of the website or its Content.
TRADEMARKS AND COPYRIGHTS
Trademarks, service marks, logos, and copyrighted works appearing in this website are the property of Altimate or the party that provided the trademarks, services marks, logos, and copyrighted works to Altimate. Altimate and any party that provided trademarks, service marks, logos, and copyrighted works to Altimate retain all rights with respect to any of their respective trademarks, service marks, logos, and copyrighted works appearing in this website.
Any passwords or other login credentials used for this website including, without limitation, any login portals are for individual use only. You will be responsible for the security of your password or other login credentials (if any) and any actions taken by you or anyone using your password or other login credentials. Altimate will be entitled to monitor your password and, at its discretion, require you to change it. If you use a password that Altimate considers insecure, Altimate will be entitled to require the password to be changed and/or terminate your account.
You are prohibited from using any services or facilities provided in connection with this website to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools, or network probing tools) is strictly prohibited. If you become involved in any violation of system security, Altimate reserves the right to release your details to system administrators at other websites and law enforcement authorities in order to assist them in investigating, resolving, and prosecuting laws relating to security incidents. Altimate reserves the right to investigate suspected violations of this Agreement.
Altimate reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing Altimate to disclose the identity of anyone using the website, or publishing or otherwise making available of using any materials that are believed to violate this Agreement. BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS ALTIMATE FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ALTIMATE DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER ALTIMATE OR LAW ENFORCEMENT AUTHORITIES.
The laws of the State of Minnesota shall apply to this Agreement, without regard to any conflict of laws provisions. The 1980 United Nations Convention on Contracts for the International Sale of Goods, the United Nations Convention on the Limitation Period in the International Sale of Goods, and the Uniform Computer Information Transactions Act, and any implementations thereof in various jurisdictions and any subsequent revisions thereto, shall not apply to this Agreement. Any controversy or claim arising out of or relating to this Agreement or your use of the website or the Content (a “Dispute”) shall be brought solely in the state or federal courts located in Minnesota and you hereby irrevocably consent to exclusive jurisdiction of those courts. You further acknowledge that Altimate may seek equitable remedies against you such as a preliminary or permanent injunction without the need to post any bond or hold any funds in escrow, and Altimate’ rights in its reputation and intellectual property are of a special, unique, extraordinary character, giving those rights peculiar value, the unauthorized use, damage, disclosure, or loss of which cannot be readily estimated and may not be adequately compensated for in monetary damages.
If any part of this Agreement is unlawful, void, or unenforceable, that part will be deemed severable, shall be modified by the court of competent jurisdiction to reflect to the maximum extent possible the original intention of the parties as reflected by the original wording and if not possible shall be severed from this Agreement, and will not affect the validity and enforceability of any remaining provisions.
No waiver by Altimate of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
No rights, duties, agreements or obligations hereunder, may be assigned or transferred by operation of law, merger or otherwise, without the prior written consent of Altimate.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Altimate as a result of this agreement or use of the website.
Except as set forth in this Agreement, including without limitation Section 9, this Agreement constitutes the entire agreement among the parties relating to this subject matter and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written between the user and Altimate with respect to the website or the Content.
Altimate may revise this Agreement at any time by updating this posting.
Last Modified: June 9, 2016
© 2016 Altimate Medical, Inc., All rights reserved.