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This Web site is provided by Biodex Medical
Systems, Inc. (Biodex) and may be used for informational purposes
only. By using the site or downloading materials from the
site, you agree to abide by the terms and conditions set forth
in this notice. If you do not agree to abide by these terms
and conditions do not use the site or download materials from
the site.
Limited License
Subject to the terms and conditions set forth
in this Agreement, Biodex grants you a non-exclusive, non-transferable,
limited right to access, use and display this site and the
materials thereon. You agree not to interrupt or attempt to
interrupt the operation of the site in any way.
Biodex authorizes you to view and download the
information ("Materials") at this Web site ("Site")
only for your personal, non-commercial
use. This authorization is not a transfer of title
in the Materials and copies of the Materials and is subject
to the following restrictions: 1) you must retain, on all
copies of the Materials downloaded, all copyright and other
proprietary notices contained in the Materials; 2) you may
not modify the Materials in any way or reproduce or publicly
display, perform, or distribute or otherwise use them for
any public or commercial purpose; and 3) you must not transfer
the Materials to any other person unless you give them notice
of, and they agree to accept, the obligations arising under
these terms and conditions of use. You agree to abide by all
additional restrictions displayed on the Site as it may be
updated from time to time. This Site, including all Materials,
is copyrighted and protected by worldwide copyright laws and
treaty provisions. You agree to comply with all copyright
laws worldwide in your use of this Site and to prevent any
unauthorized copying of the Materials. Except as expressly
provided herein, Biodex does not grant any express or implied
right to you under any patents, trademarks, copyrights or
trade secret information.
Disclaimer
THE MATERIALS MAY CONTAIN INACCURACIES AND TYPOGRAPHICAL
ERRORS. BIODEX DOES NOT WARRANT THE ACCURACY OR COMPLETENESS
OF THE MATERIALS OR THE RELIABILITY OF ANY ADVICE, OPINION,
STATEMENT OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH
THE SITE. YOU ACKNOWLEDGE THAT ANY RELIANCE ON ANY SUCH OPINION,
ADVICE, STATEMENT, MEMORANDUM, OR INFORMATION SHALL BE AT
YOUR SOLE RISK. BIODEX RESERVES THE RIGHT, IN ITS SOLE DISCRETION,
TO CORRECT ANY ERRORS OR OMISSIONS IN ANY PORTION OF THE SITE.
BIODEX MAY MAKE ANY OTHER CHANGES TO THE SITE, THE MATERIALS
AND THE PRODUCTS, PROGRAMS, SERVICES OR PRICES (IF ANY) DESCRIBED
IN THE SITE AT ANY TIME WITHOUT NOTICE.
THIS SITE, THE INFORMATION AND MATERIALS ON
THE SITE, AND THE SOFTWARE MADE AVAILABLE ON THE SITE, ARE
PROVIDED "AS IS" WITHOUT ANY REPRESENTATION OR WARRANTY,
EXPRESS OR IMPLIED, OF ANY KIND, INCLUDING, BUT NOT LIMITED
TO, WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, OR FITNESS
FOR ANY PARTICULAR PURPOSE. SOME JURISDICTIONS DO NOT ALLOW
FOR THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS
MAY NOT APPLY TO YOU.
Third Party Sites
As a convenience to you, Biodex may provide,
on this Site, links to Web sites operated by other entities.
If you use these sites, you will leave this Site. If you decide
to visit any linked site, you do so at your own risk and it
is your responsibility to take all protective measures to
guard against viruses or other destructive elements. Biodex
makes no warranty or representation regarding, and does not
endorse, any linked Web sites or the information appearing
thereon or any of the products or services described thereon.
Links do not imply that Biodex or this Site sponsors, endorses,
is affiliated or associated with, or is legally authorized
to use any trademark, trade name, logo or copyright symbol
displayed in or accessible through the links, or that any
linked site is authorized to use any trademark, trade name,
logo or copyright symbol of Biodex or any of its affiliates
or subsidiaries.
External Links to the Site
All links to the Site must be approved in writing
by Biodex, except that Biodex consents to links in which:
(i) the link is a text-only link containing only the name
"Biodex Medical Systems, Inc."; (ii) the link "points"
only to www.Biodex.com and not to deeper pages;(iii) the link,
when activated by a user, displays that page full-screen in
a fully operable and navigable browser window and not within
a "frame" on the linked website; and (iv) the appearance,
position, and other aspects of the link may neither create
the false appearance that an entity or its activities or products
are associated with or sponsored by Biodex nor be such as
to damage or dilute the goodwill associated with the name
and trademarks of Biodex or its Affiliates. Biodex reserves
the right to revoke this consent to link at any time in its
sole discretion.
Information Provided By You
Any personally identifiable information you
may provide to Biodex via this Site is protected by the Privacy
Policy associated with this Site. Biodex does not want you
to, and you should not, send any confidential or proprietary
information to Biodex via the Site. You agree that any information
or materials that you or individuals acting on your behalf
provide to Biodex will not be considered confidential or proprietary.
By providing any such information or materials to Biodex,
you grant to Biodex an unrestricted, irrevocable, worldwide,
royalty-free license to use, reproduce, display, publicly
perform, transmit and distribute such information and materials,
and you further agree that Biodex is free to use any ideas,
concepts or know-how that you or individuals acting on your
behalf provide to Biodex. You further recognize that Biodex
does not want you to, and you warrant that you shall not,
provide any information or materials to Biodex that is defamatory,
threatening, obscene, harassing, or otherwise unlawful, or
that incorporates the proprietary material of another.
Limitations of Damages
IN NO EVENT SHALL BIODEX OR ANY OF ITS SUBSIDIARIES
BE LIABLE TO ANY ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL,
CONSEQUENTIAL OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION,
ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION
OR PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM)
THAT ARE RELATED TO THE USE OF, OR THE INABILITY TO USE, THE
CONTENT, MATERIALS, AND FUNCTIONS OF THE SITE OR ANY LINKED
WEBSITE, EVEN IF BIODEX IS EXPRESSLY ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES.
Changes
Biodex reserves the right, at its sole discretion,
to change, modify, add or remove any portion of this Agreement
in whole or in part, at any time. Changes in this Agreement
will be effective when notice of such change is posted. Your
continued use of the Site after any changes to this Agreement
are posted will be considered acceptance of those changes.
Biodex may terminate, change, suspend or discontinue
any aspect of the Biodex Site, including the availability
of any features of the Site, at any time. Biodex may also
impose limits on certain features and services or restrict
your access to parts or all of the Site without notice or
liability. Biodex may terminate the authorization, rights
and license given above and, upon such termination, you shall
immediately destroy all Materials.
International Users and Choice of Law
This Site is controlled, operated and administered
by Biodex from its offices within the United States of America.
Biodex makes no representation that materials at this site
are appropriate or available for use at other locations outside
of the United States and access to them from territories where
their contents are illegal is prohibited. You may not use
the Site or export the Materials in violation of U. S. export
laws and regulations. If you access this Site from a locations
outside of the United States, you are responsible for compliance
with all local laws. These Terms and Conditions of use shall
be governed by the laws of the State of New York, without
giving effect to its conflict of laws provisions.
This Agreement constitutes the entire
agreement between Biodex and you with respect to your use
of the Site. Any cause of action you may have with respect
to your use of the Site must be commenced within one (1) year
after the claim or cause of action arises. If for any reason
a court of competent jurisdiction finds any provision of the
Agreement or portion thereof, to be unenforceable, that provision
shall be enforced to the maximum extent permissible so as
to effect the intent of the Agreement, and the remainder of
this Agreement shall continue in full force and effect.
Privacy Policy
Biodex Medical Systems, Inc. (Biodex) is committed
to protecting any personal information that you may provide
to us. In particular, we believe it is important for you to
know how we treat information about you that we may receive
from this Web site.
Information Collected
In general, you can visit this Web site without
telling us who you are or revealing any information about
yourself. Our web servers collect the domain names, not the
e-mail addresses, of visitors. In addition, there are portions
of this Web site where we may need to collect personal information
from you for a specific purpose, such as to provide you with
certain information you request. The information collected
from you may include your name, address, telephone, fax number,
or e-mail address. This Web site is not intended for persons
under 13 years of age. We do not knowingly solicit or collect
personal information from or about children, and we do not
knowingly market our products or services to children.
Use of Collected Information
Domain name information that we collect is not
used to personally identify you and instead is aggregated
to measure the number of visits, average time spent on the
site, pages viewed, etc. We use this information to measure
the use of our site and to improve the content of our site.
When other information is collected from you,
such as your name and e-mail address, we generally let you
know at the time of collection how we will use the personal
information. Usually, we use the personal information you
provide only to respond to your inquiry or to process your
request. This information may be shared with other Biodex
businesses, but only if necessary to fulfill your request
or for related purposes.
We may share the personal information you provide
with other companies we have hired to provide services for
us. These companies - our vendors - are contractually bound
to use personal information we share with them only to perform
the services we have hired them to provide. We do not share,
sell, or lease personal information about you to any third-parties
for their marketing use. We will release information about
you if you direct us to do so, if we are required by law to
do so, or in other legally limited circumstances (for example,
to protect your account from fraud).
Links to Other Sites
Biodex's Web site may contain links to other
sites such as Biodex distributors and sales affiliates. While
we try to link only to sites that share our high standards
and respect for privacy, we are not responsible for the content,
security, or privacy practices employed by other sites.
Security of Collected Information
We maintain strict physical, electronic, and
administrative safeguards to protect your personal information
from unauthorized or inappropriate access. We restrict access
to information about you to those Biodex workers who need
to know the information to respond to your inquiry or request.
Workers who misuse personal information are subject to disciplinary
action.
Access to Collected Information
You may review and update the information that
you provide to us through this Web site by contacting us as
described below.
Contacting Us
If you have any questions about this privacy
policy, please use the Contact Us page. We welcome your questions
and suggestions about our privacy policy.
Changes to this Policy
Please check this privacy policy periodically
to inform yourself of any changes. Although we reserve the
right to modify or supplement this privacy policy, we will
provide notice to you on this Web site of any major changes
for at least 30 days following the change.
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