Please read these terms and conditions (“Terms”) carefully before using the https://www.promedtek.com website (“Website”) operated by ProMedTek, Inc., a(n) Corporation formed in Arizona, United States (“Company”). Your access and use of the Website is conditional upon your acceptance of and compliance with these Terms. These Terms apply to everyone, including but not limited to visitors, users and others who wish to access the Website.
By accessing or using the Website, you agree to be bound by these Terms. If you disagree with any part of these Terms, then you do not have the Company’s permission to access or use the Website.
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The content on the Website is owned or controlled by the Company and is protected under applicable copyright and trademark laws. You may download content only for your personal use for non-commercial purposes, but no modifications or further reproduction of the content is permitted without the express prior written permission of the Company. The content otherwise may not be copied or used in any way.
The ownership of the copyright on all content, including content contributed by users of the Website is held by the Company, and its use is expressly forbidden without our prior consent in writing. You acknowledge the transfer of ownership of copyright to the Company of anything that you contribute to the Website.
You agree you will use this Website in accordance with all applicable laws, rules, regulations and these Terms at all times. The following is a non-exhaustive list of prohibited uses of this Website. You agree that you will not perform any of the following prohibited uses:
Any contributions you send to the Website are on a non-confidential basis, and the Company is under no obligation to refrain from reproducing, publishing, or otherwise using them in any way or for any purpose. That means that the Company shall be free to use the content of any such communications, including any testimonials, questions, ideas, inventions, concepts, techniques, or know-hows disclosed therein, for any purpose without compensation or attribution to you, including developing, manufacturing and/or marketing goods or services.
The Website may contain (or you may be sent via the Website) links to other websites (“Third-Party Websites”). Such Third-Party Websites are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by the Company, and the Company is not responsible for any Third-Party Websites accessed through the Website. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites you do so at your own risk, and you should be aware that these Terms no longer apply.
These Terms and your use of the Website are governed by the and construed in accordance with the laws of the State of Delaware applicable to agreements made and to be entirely performed withing the State of Delaware, without regard to its conflict of law principles.
The parties hereby agree that all actions or proceedings initiated and arising directly or indirectly out of these Terms shall be resolved exclusively by means of binding, non-appealable arbitration in Maricopa County, Arizona and shall be administered by the American Arbitration Association (“AAA”).
There may be information on the Website that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. The Company reserves the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Website at any time without prior notice.
THIS WEBSITE IS PROVIDED “AS IS,” NO WARRANTY, EXPRESS OR IMPLIED (INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, OF SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE) SHALL APPLY TO THE WEBSITE, WHETHER ARISING BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE.
IN NO EVENT SHALL PROMEDTEK, INC. BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF, RELATING TO OR IN ANY WAY CONNECTED WITH YOUR ACCESS TO, DISPLAY OF OR USE OF THIS WEBSITE OR WITH THE DEALY OR INABILITY TO ACCESS, DISPLAY OR USE THIS WEBSITE, INCLUDING BUT NOT LIMITED TO YOUR RELIANCE UPON OPINIONS OR INFORMATION APPEARING ON THE WEBSITE; ANY COMPUTER VIRUSES, INFORMATION, SOFTWARE, LINKED WEBSITES OPERATED BY THIRD PARTIES, PRODUCTS OR SERVICES OBTAINED THROUGH THIS WEBSITE, WHETHER BASED ON THEORY OF NEGLIGENCE, CONTRACT, TORT, STRICT LIABILITY, CONSUMER PROTECTION STATUTES OR OTHERWISE, EVEN IF PROMEDTEK, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
The Terms and any policies or operating rules posted by the Company on the Website or in respect to the Website constitute the entire agreement and understanding between you and the Company. The Company’s failure to exercise or enforce any right or provision of these Terms shall not operate to the fullest extent permissible by law. The Company may assign any or all rights and obligations to others at any time. The Company shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond reasonable control. If any provision or part of the provision is deemed severable from these Terms and does affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and the Company as a result of these Terms or use of the Website. You agree that these Terms will not be construed against the Company by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of the Terms and the lack signing by the parties hereto execute these Terms.
In order to resolve a complaint regarding the Website or to receive further information regarding use of the Website, please contact the Company at:
ProMedTek, Inc.
4110 North Scottsdale Road
Suite 270
Scottsdale, AZ 85251
United States
Toll-Free: 866-208-6526
Email: [email protected]