ACCEPTANCE OF TERMS
IMPAC Medical Systems, Incorporated ("IMPAC") makes this Web
site (hereinafter "Site"), including all information, documents,
communications, files, text, graphics, software, and products
available through the Site (collectively, the "Materials") and
all services operated by IMPAC and third parties through the
Site (collectively, the "Services"), available for your use
subject to the terms and conditions set forth in this document
and any changes to this document that IMPAC may publish from
time to time (collectively, the "Terms of Use").
By accessing or using this Site in any way, including, without
limitation, use of any of the Services, downloading of any
Materials, or merely browsing the Site, you agree to and are
bound by the Terms of Use.
IMPAC reserves the right to change the Terms of Use and other
guidelines or rules posted on the Site from time to time at its
sole discretion, and will provide notice of material changes on
the home page of the Site. Your continued use of the Site, or
any Materials or Services accessible through it, after such
notice has been posted constitutes your acceptance of the
changes. Your use of the Site will be subject to the most
current version of the Terms of Use, rules and guidelines posted
on the Site at the time of such use.
INTELLECTUAL PROPERTY; LIMITED LICENSE TO USERS
The Materials and Services on this Site, as well as their
selection and arrangement, are protected by copyright,
trademark, patent, and/or other intellectual property laws, and
any unauthorized use of the Materials or Services at this Site
may violate such laws and the Terms of Use. Except as expressly
provided herein, IMPAC does not grant any express or implied
rights to use the Materials and Services. You agree not to copy,
republish, frame, download, transmit, modify, rent, lease, loan,
sell, assign, distribute, license, sublicense, reverse engineer,
or create derivative works based on the Site, its Materials, or
its Services or their selection and arrangement, except as
expressly authorized herein. In addition, you agree not to use
any data gathering and
extraction methods in connection with the Site.
When using Services on this Site that are
offered by IMPAC, you shall be subject to any posted guidelines,
rules, or licenses applicable to such Services and to the Terms
of Use. Such guidelines, rules, or licenses may contain terms
and conditions in addition to those in these Terms of Use.
Except as indicated to the contrary
elsewhere on this Site, you may view, download, and print the
IMPAC Content available on this Site subject to the following
conditions:
- The IMPAC Content may be used solely for personal,
informational, and internal purposes.
- The IMPAC Content may not be modified or altered in any
way.
- The IMPAC Content on the Site may not be distributed or
sold, rented, leased, or licensed to others.
- You may not remove any copyright or other proprietary
notices contained in the IMPAC Content.
- IMPAC reserves the right to revoke the authorization to
view, download, and print the IMPAC Content available on this
Site at any time, and any such use shall be discontinued
immediately upon notice from IMPAC.
- The rights granted to you constitute a license and not
a transfer of title.
TRADEMARK INFORMATION
The trademarks, logos, and service marks ("Marks") displayed on
this Site are the property of IMPAC or other third parties. You
are not permitted to use the Marks without the prior written
consent of IMPAC or such third party that may own the Marks.
IMPAC and the IMPAC logo are trademarks of IMPAC Medical
Systems, Incorporated.
PROHIBITED COMMUNICATIONS
You are prohibited from posting or transmitting to or from this
Site any unlawful, threatening, harassing, libelous, offensive,
defamatory, obscene, or pornographic materials, or other
materials that would violate any law or the rights of others,
including, without limitation, laws against copyright
infringement, and rights of privacy and publicity. Violation of
these restrictions may result in denial of or limitations on
access by you to this Site.
USER CONDUCT
In using the Site, including all Services and Materials
available through it, you agree:
- not to disrupt or interfere with any other user's
enjoyment of the Site or affiliated or linked sites;
- not to upload, post, or otherwise transmit through the
Site any viruses or other harmful, disruptive, or destructive
files;
- not to create a false identity;
- not to use or attempt to use another's account, password,
service, or system without authorization from IMPAC;
- not to disrupt or interfere with the security of, or
otherwise cause harm to, the Site, or any Services, Materials,
system resources, accounts, passwords, servers, or networks
connected to or accessible through the Site or any affiliated
or linked sites.
MANAGING CONTENT AND COMMUNICATIONS
Although it is not our intention to do so, IMPAC reserves the
right, in its sole discretion, to delete or remove User Content
from the Site and to restrict, suspend, or terminate your access
to all or part of this Site, at any time if we have cause to do
so (including, without limitation, our good faith belief that
you have violated the Terms of Use) without prior notice or
liability.
IMPAC may, but is not obligated to, monitor or review (i) any
areas on the Site where users transmit or post User Content,
including but not limited to areas where Services are available,
or chat rooms, bulletin boards, or other user forums; and (ii)
the substance of any User Content.
WARRANTIES AND DISCLAIMERS
EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN A WRITTEN AGREEMENT
BETWEEN YOU AND IMPAC OR YOU AND A THIRD PARTY WITH RESPECT TO
SUCH PARTY'S MATERIALS OR SERVICES, THIS SITE, AND ALL MATERIALS
AND SERVICES ACCESSIBLE THROUGH THIS SITE ARE PROVIDED "AS IS"
WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE
WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING,
IMPAC MAKES NO WARRANTY THAT (i) THE SERVICES AND MATERIALS WILL
MEET YOUR REQUIREMENTS; (ii) THE SERVICES AND MATERIALS WILL BE
UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (iii) THE RESULTS
THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR MATERIALS
WILL BE EFFECTIVE, ACCURATE, OR RELIABLE; (iv) THE QUALITY OF
ANY PRODUCTS, SERVICES, OR MATERIALS PURCHASED OR ACCESSIBLE BY
YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS; AND (v) ANY
ERRORS IN THE SOFTWARE OBTAINED FROM OR USED THROUGH THE SITE,
OR ANY DEFECTS IN THE SITE, ITS SERVICES OR MATERIALS, WILL BE
CORRECTED.
THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES,
INACCURACIES, OR TYPOGRAPHICAL ERRORS. IMPAC MAY MAKE CHANGES TO
THE MATERIALS AND SERVICES AT THIS SITE, INCLUDING THE DESCRIPTIONS OF ANY PRODUCTS LISTED HEREIN, AT ANY TIME
WITHOUT NOTICE. THE MATERIALS OR SERVICES AT THIS SITE MAY BE
OUT OF DATE, AND IMPAC MAKES NO COMMITMENT TO UPDATE SUCH
MATERIALS OR SERVICES.
YOU UNDERSTAND AND ACKNOWLEDGE THAT (i) IMPAC DOES NOT CONTROL,
ENDORSE, OR ACCEPT RESPONSIBILITY FOR ANY CONTENT, PRODUCTS, OR
SERVICES OFFERED BY THIRD PARTIES THROUGH THE SITE, INCLUDING,
WITHOUT LIMITATION, THIRD PARTY VENDORS AND THIRD PARTIES
ACCESSIBLE THROUGH LINKS ON THE SITE; (ii) IMPAC MAKES NO
REPRESENTATION OR WARRANTIES WHATSOEVER ABOUT ANY SUCH THIRD
PARTIES, THEIR CONTENT, PRODUCTS, OR SERVICES; (iii) ANY
DEALINGS YOU MAY HAVE WITH SUCH THIRD PARTIES ARE AT YOUR OWN
RISK; AND (iv) IMPAC SHALL NOT BE LIABLE OR RESPONSIBLE FOR ANY
CONTENT, PRODUCTS, OR SERVICES OFFERED BY THIRD PARTIES.
THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER USE OF ANY
MATERIALS THROUGH THE SITE IS DONE AT YOUR OWN DISCRETION AND
RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE
FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER
HARM THAT RESULTS FROM SUCH ACTIVITIES. IMPAC ASSUMES NO
LIABILITY FOR ANY COMPUTER VIRUS OR OTHER SIMILAR SOFTWARE CODE
THAT IS DOWNLOADED TO YOUR COMPUTER FROM THE SITE OR IN
CONNECTION WITH ANY SERVICES OR MATERIALS OFFERED THROUGH THE
SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN,
OBTAINED BY YOU FROM IMPAC OR THROUGH OR FROM THE SITE SHALL
CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE.
INTERNATIONAL USERS
This Site can be accessed from countries around the world and
may contain references to IMPAC products, services, and programs
that are not available in your country. These references do not
imply that IMPAC intends to announce such products, services, or
programs in your country.
The Site is controlled, operated, and administered by IMPAC from
its offices within the United States of America. IMPAC makes no
representation that the Site, or the Services or Materials
available through it, are appropriate or available for use at
other locations outside the United States, and access to the
Site from territories where the Site or any of its Services or
Materials are illegal is prohibited. If you access the Site from
a location outside the United States, you are responsible for
compliance with all local laws.
PERSONAL INFORMATION AND PRIVACY
To learn about how IMPAC protects your personal information,
such as your name and address, refer to the IMPAC Online
Privacy Policy. Except as
set forth in the Privacy Policy or in the Terms of Use, your
personal information will be deemed to be confidential. Any
non-personal information or material sent to IMPAC will
generally be deemed to NOT be confidential. You understand and
agree that we may disclose information about you if we have a
good faith belief that we are required to do so by law or legal
process, to respond to claims, or to protect the rights,
property, or safety of IMPAC or others, or as stated in our
Privacy Policy.
INDEMNITY AND LIABILITY
You agree to indemnify and hold IMPAC, and its subsidiaries,
affiliates, officers, agents, co-branders or other partners, and
employees, harmless from any claim or demand, including
reasonable attorneys' fees, made by any third party due to or
arising out of content you submit, post to, or transmit through
the Site (including, without limitation, any User Content, or computer viruses), your use of the Site, your
connection to the Site, your violation of the Terms of Use, or
your violation of any rights of another person or entity.
GOVERNING LAW AND JURISDICTION
This Site (excluding linked sites) is controlled by IMPAC from
its offices within the state of California, United States of
America. By accessing this Site, you and IMPAC agree that all
matters relating to your access to, or use of, this Site shall
be governed by the statutes and laws of the State of California,
without regard to the conflicts of laws principles thereof.
GENERAL
The Terms of Use and the other rules, guidelines, licenses and
disclaimers posted on the Site constitute the entire agreement
between IMPAC and you with respect to your use of the Site.
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