TERMS
OF USE
PLEASE
READ THESE TERMS CAREFULLY BEFORE USING THIS SITE
The
Macro Niche Software, Inc. Web site (the "Site"), including
but not limited to www.aproncheck.com and www.aproncheck.net email to
and from an aproncheck.com address and its affiliated sites, provides
an online resource for health care professionals. By using the site
you "Accept the Terms of Use" below, YOU AGREE TO BE BOUND
BY THE FOLLOWING TERMS AND CONDITIONS AND TO ABIDE BY ALL OTHER
POLICIES POSTED ON THE SITE.
These terms may be changed from
time to time and without further notice. Your continued use of the
Site and email after any such changes constitutes your acceptance of
the new terms. If you do not agree to abide by these or any future
terms, please do not use the Site, email or download materials from
it.
Macro Niche Software, Inc., may terminate, change, suspend
or discontinue any aspect of the Site, including the availability of
any features, at any time. Macro Niche Software, Inc. may remove,
modify or otherwise change any content, including that of third
parties, on or from this Site. Macro Niche Software, Inc. may impose
limits on certain features and services or restrict your access to
parts or all of the Site without notice or liability. Macro Niche
Software, Inc. may terminate your use of the Site at any time in its
sole discretion.
These terms apply exclusively to your access
to and use of the Site and do not alter the terms or conditions of
any other agreement you may have with Macro Niche Software, Inc. or
its subsidiaries or affiliates.
1.
Proprietary Rights.
Trademarks
/ Service Marks.
All trademarks / Service Marks on the Site are either trademarks /
Service Marks or registered trademarks / Service Marks of Macro Niche
Software, Inc. or its affiliates or licensors and may not be copied,
imitated, or used, in whole or in part, without the prior written
permission of Macro Niche Software, Inc. All page headers, custom
graphics, button icons, and scripts are service marks, trademarks /
Service Marks and/or trade dress of Macro Niche Software, Inc. or its
affiliates, and may not be copied, imitated, or used, in whole or in
part, without the prior written permission of Macro Niche Software,
Inc.. Other trademarks, registered trademarks, product names, and
company names or logos displayed on the Site are the property of
their respective owners.
Patents.
Macro Niche Software, Inc.'s products and processes are covered by
patent no.: US8,955,164 B1 and maybe covered by more patents and are
subject to other trade secret and proprietary rights. Macro Niche
Software, Inc. reserves all such rights. No transfer or grant of
rights under any patents/trade secret is made or is to be implied by
any provision of this Terms of Use. You agree not to infringe upon
such rights or decompile, reverse engineer, modify, or disassemble
(except to the extent that this restriction is expressly prohibited
by law) or create derivative works based upon the Software or
Documentation any of Macro Niche Software, Inc.'s products or
processes.
Software.
Any software, including any files, images generated by the software,
code, and data accompanying the software (collectively, "Software"),
used or accessible through this Site may be used by you solely for
accessing and using this Site for purposes expressly stated on the
Site, provided that such uses are not competitive with or derogatory
to Macro Niche Software, Inc. Macro Niche Software, Inc. retains full
and complete title to and all intellectual property rights in the
Software. You agree not to copy, distribute, sell, modify, translate,
decompile, disassemble reverse engineer, disassemble or create
derivative works based upon the Software or
Documentation.
Copyrights.
All content on this Site, including but not limited to design, text,
software, technical drawings, configurations, graphics, other files,
and their selection and arrangement ("Content"), are either
Copyright © 2006 Macro Niche Sofware, Inc., or are the proprietary
property of Macro Niche Software, Inc.'s affiliates or licensors. All
rights reserved. The Content may not be modified, copied,
distributed, framed, reproduced, republished, downloaded, displayed,
posted, transmitted, or sold in any form or by any means, in whole or
in part, modify, translate, reverse engineer, decompile, disassemble
(except to the extent that this restriction is expressly prohibited
by law) or create derivative works based upon the Software or
Documentation without Macro Niche Software, Inc.'s prior written
permission, except that you may download and print content for uses
that are not competitive with or derogatory to Macro Niche Software,
Inc., provided that you keep all copyright or other proprietary
notices intact. Please note that this limited consent may be revoked
at any time and does not include consent to republish Content on any
Internet, Intranet or Extranet site or to incorporate the information
in any other database or compilation. Any other use of the Content is
strictly prohibited. You further agree that you will not
systematically extract, collect or harvest, through electronic means
or otherwise, any data or data fields from this Site, sites or other
Macro Niche Software owned sites, including but not limited to
customer and potential customer identities (list). If you believe
that your copyrighted material has been improperly used on this Site,
please contact our Copyright Agent(sales@aproncheck.com) for more
information. Information, customer demographics, sales lead
demographics, data and graphics from this site, other sites owned by
Macro Niche Software, Inc. As well as any other Information, customer
demographics, sales lead demographics, data obtained directly or
indirectly in connection with a Macro Niche Software, Inc product.
May only be used for the benefit of Macro Niche Software, Inc..
Should a user disclose or use any Information, customer demographics,
sales lead demographics, data obtained directly or indirectly in
connection with a Macro Niche Software, Inc product. Not for the
benefit of Macro Niche Software, Inc.. The user and any entity that
the user is working with/for and any entity or individual that the
user distributes the unauthorized information to agrees to pay $500
plus legal fees for in each individual disclosure or unauthorized use
of use any Information, customer demographics, sales lead
demographics, data obtained directly or indirectly in connection with
a Macro Niche Software, Inc. product. The user and any entity or
organization the user is working with will provide any and all
requested information, data so Macro Niche Software, Inc. can
investigate possible breaches of this agreement within five working
days of a request by Macro Niche Software, Inc. If the user, related
entity and or organization fail to provide the requested information
and data within the five working days after request by Macro Niche
Software, Inc. the user, related entity and or organization agree to
pay $500 in damages plus legal fees for each calendar day be on the
fifth day after the request was made until such time as the
information is fully provided.
2.
User Conduct - General. In
using this Site, you agree:
(a) not to transmit through or on
this Site spam, chain letters, junk mail or any other type of
unsolicited mass email to people or entities who have not agreed to
be part of such mailings;
(b) not to divulge your username and
password to others either on or off the Site;
(c)
not to upload, post, or otherwise transmit through or on this Site
any viruses or other harmful, disruptive or destructive files;
(d)
not to use or attempt to use another's account, service or system
without authorization from Macro Niche Software, Inc., or create or
use a false identity on this Site;
(e)
not to disrupt or interfere with the security of, or otherwise abuse,
the Site, or any services, system resources, accounts, servers or
networks connected to or accessible through the Site or affiliated or
linked Web sites;
(f) not to disrupt or interfere with any
other user's enjoyment of the Site or affiliated or linked Web
sites;
(g) not to attempt to obtain unauthorized access to the
Site or portions of the Site which are restricted from general
access; and,
(h) not use this Site to seek, provide or obtain
specific medical advice, medical opinion, diagnosis or treatment as
applied to a patients particular condition, situation, government or
other regulatory information.
In addition, you agree that you
are solely responsible for actions and communications undertaken or
transmitted under your account, email, and that you will comply with
all applicable local, state, national and international laws and
regulations, including but not limited to United States export
restrictions, that relate to your use of or activities on this Site.
This Site is controlled and operated in the United States. If you are
in a jurisdiction which restricts you from accessing this Site, do
not access or use this Site. Macro Niche Software, Inc. makes no
representation that the Site is appropriate or available for use
outside the United States.
3.
User Conduct - Online Communities and Other Interactive Areas. The
Site contains areas where you may post and share comments with other
Site users on a variety of subjects. You agree that you will not post
or otherwise disseminate on or through the Site unlawful, harassing,
libelous, tortious, abusive, offensive, threatening, or obscene
communications or material of any kind, or materials which infringe
or violate any third party's copyright, trademark, trade secret,
privacy or other proprietary or property right, or that could
constitute a criminal offense, give rise to civil liability or
otherwise violate any applicable law or regulation; or, that are
otherwise objectionable, including without limitation, content that
evidences bigotry, racism, sexism, or hatred, or that promotes
illegal activities, including without limitation unauthorized uses of
medical devices, or physical harm against anyone. Macro Niche
Software, Inc. reserves the right but not the obligation to remove
any materials it deems objectionable, in its sole discretion and
without any reference to you. You agree to hold harmless Macro Niche
Software, Inc. and its affiliates and parties with whom Macro Niche
Software, Inc. has contracted for purposes of hosting this Site from
all claims based upon communications made or materials posted by
others or the use by third parties of this Site.
4.
Online Communications On and Through the Site. Except
as otherwise provided in section 5 below, you agree that any
communications you transmit to anyone through the Site,
aproncheck.com email address or copyrighted works you post on the
Site, including, without limitation, questions, comments,
suggestions, ideas, plans, notes, drawings, configurations,
specifications, purchase orders, quotes or requests for quotes,
performance data, account information, or other material, data or
information (collectively, "Information"), are
non-confidential and upon transmission of such Information to Macro
Niche Software, Inc. via email, direct conversation or other means
you grant to Macro Niche Software, Inc. an irrevocable,
non-exclusive, royalty-free, sublicensable, world wide license
(including but not limited to a copyright license) to use such
Information in any media for any purpose.
5.
Privacy Policy. You
acknowledge and agree that Macro Niche Software, Inc. may use the
data collected in the course of our relationship for its private
use.
6.
Macro Niche Software, Inc. Content, Product and Service Information -
Limitations. All
content available through the Site, including but not limited to
data, technical drawings, configurations, quote and order
information, and catalog listings is believed to be accurate.
However, you should independently evaluate the accuracy of the
information and the usefulness for your particular needs of any
content, product or service available through the Site.
Specifications for products and services are subject to change
without notice, and Macro Niche Software, Inc. reserves the right to
make changes without notice to processing, materials, or
configuration. Macro Niche Software, Inc. does not guarantee that
products or services listed in its online catalog will be available
at the time of your order. All information on the Site is subject to
the disclaimers of section 8 below.
7.
Links and Third Party Content. Links
to Other Web Sites. This Site may from time to time contain links to
other Web sites. These links are provided as a convenience and do not
constitute an endorsement, sponsorship or recommendation by Macro
Niche Software, Inc. of -- or responsibility for -- the linked Web
sites or any content, services or products available on or through
such sites.
Links from Other Web Sites. All links to this Site
must be approved in writing by Macro Niche Software, Inc., except
that Macro Niche Software, Inc. consents to links in which:
(1)
the link is a text-only link containing only the title of the home
page of this Site,
(2) the link "points" only to the
home page of the Site and not to deeper pages,
(3) the link,
when activated by a user, displays this home page of the Site
full-screen and not within a "frame" on the linked Web
site, and
(4) the appearance, position, and other aspects of
the link does not:
(i) create the false
appearance that an entity or its activities or products are
associated with or sponsored by Macro Niche Software, Inc. or its
affiliates, or
(ii) be such as to damage or
dilute the goodwill associated with the name and trademarks / Service
Marks of Macro Niche Software, Inc. or its affiliates. Macro Niche
Software, Inc. reserves the right to revoke this consent to link at
any time in its sole discretion.
Third Party Content. This
Site may from time to time contain material, data or information
provided, posted or offered by third parties, including but not
limited to advertisements or postings in online community
discussions. You agree that neither Macro Niche Software, Inc. nor
its affiliates shall have any liability whatsoever to you for any
such third party material, data or information.
8.
Disclaimers. THIS
SITE AND THE CONTENT AVAILABLE THROUGH IT ARE PROVIDED ON AN "AS
IS" AND "AS AVAILABLE" BASIS. YOU EXPRESSLY AGREE THAT
USE OF THIS SITE AND/OR ITS CONTENT IS AT YOUR SOLE RISK.
TO
THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, Macro
Niche Software, Inc. AND ITS AFFILIATES DISCLAIM ALL WARRANTIES OF
ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION
ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR
NON-INFRINGEMENT.
YOU EXPRESSLY AGREE THAT USE OF THIS SITE,
INCLUDING ALL CONTENT, DATA OR SOFTWARE DISTRIBUTED BY, DOWNLOADED OR
ACCESSED FROM OR THROUGH THE SITE, IS AT YOUR SOLE RISK. YOU
UNDERSTAND AND AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY
DAMAGE TO YOUR BUSINESS, YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT
RESULTS FROM THE DOWNLOAD OF SUCH CONTENT, DATA AND/OR SOFTWARE.
YOU
ACKNOWLEDGE THAT Macro Niche Software, Inc. DOES NOT CONTROL
INFORMATION, PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES THROUGH
THE SITE. EXCEPT AS OTHERWISE AGREED IN WRITING, Macro Niche
Software, Inc. AND ITS AFFILIATES ASSUME NO RESPONSIBILITY FOR AND
MAKE NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, CURRENCY,
COMPLETENESS, RELIABILITY OR USEFULNESS OF ANY ADVICE, OPINION,
STATEMENT OR OTHER CONTENT OR OF ANY PRODUCTS OR SERVICES DISTRIBUTED
OR MADE AVAILABLE BY THIRD PARTIES THROUGH THE SITE. Macro Niche
Software, Inc. DOES NOT MAKE ANY WARRANTY THAT THIS SITE OR ITS
CONTENT WILL MEET YOUR REQUIREMENTS, OR THAT THIS SITE OR ITS CONTENT
WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR THAT
DEFECTS, IF ANY, WILL BE CORRECTED. NOR DOES Macro Niche Software,
Inc. MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM
USE OF THIS SITE OR ITS CONTENT OR AS TO THE ACCURACY, COMPLETENESS
OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH USE OF THIS
SITE.
Macro Niche Software, Inc. ASSUMES NO RESPONSIBILITY FOR
ANY DAMAGES SUFFERED BY A USER, INCLUDING, BUT NOT LIMITED TO, LOSS
OF DATA FROM DELAYS, NONDELIVERIES OF CONTENT OR EMAIL, ERRORS,
SYSTEM DOWN TIME, MISDELIVERIES OF CONTENT OR EMAIL, NETWORK OR
SYSTEM OUTAGES, FILE CORRUPTION, OR SERVICE INTERRUPTIONS CAUSED BY
THE NEGLIGENCE OF Macro Niche Software, Inc., ITS AFFILIATES, ITS
LICENSORS, OR A USER'S OWN ERRORS AND/OR OMISSIONS EXCEPT AS
SPECIFICALLY PROVIDED HEREIN, Macro Niche Software, Inc. DISCLAIMS
ANY WARRANTY OR REPRESENTATION THAT CONFIDENTIALITY OF INFORMATION
TRANSMITTED THROUGH THE SITE WILL BE MAINTAINED. NO ADVICE OR
INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Macro
Niche Software, Inc. OR THROUGH THE SITE SHALL CREATE ANY WARRANTY
NOT EXPRESSLY STATED IN WRITING. SOME STATES DO NOT ALLOW THE
LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS, SO SOME
OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
9.
Limitation of Liability. UNDER
NO CIRCUMSTANCES, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, SHALL
Macro Niche Software, Inc. OR ITS PARENTS, SUBSIDIARIES, AFFILIATES,
OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SUPPLIERS BE LIABLE FOR
ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES
ARISING FROM OR IN CONNECTION WITH THE USE OF OR THE INABILITY TO USE
THIS SITE OR ANY CONTENT CONTAINED ON THE SITE, OR RESULTING FROM
UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA,
OR OTHER INFORMATION THAT IS SENT OR RECEIVED OR NOT SENT OR
RECEIVED, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS,
USE, DATA OR OTHER INTANGIBLES, EVEN IF Macro Niche Software, Inc.
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE PARTIES
ACKNOWLEDGE THAT THIS IS A REASONABLE ALLOCATION OF RISK.
10.
Sales. Macro
Niche Software, Inc. may refuse or discontinue sales at its own
discretion without prior notice and be subject to no penalties,
liability or demands.
11.
General. Applicable
Law. These Terms of Use shall be governed by and construed in
accordance with the laws of the State of Texas, and the federal laws
of the United States of America, without giving effect to its
conflict of laws provisions. You agree to submit to the personal and
exclusive jurisdiction of the state or federal courts located within
the State of Texas, city of Houston. If any provision hereof is held
to contravene such law or to be unenforceable that provision will be
deemed deleted, but will not affect the validity of any other
provision. Either party's failure to enforce any provision of the
License Agreement shall not waive that party's rights.
NO
ASSIGNMENT.
This Agreement is personal to you and any entity, organization,
corporation partnership that you are working with while using this
site, and may not be assigned without Macro Niche Software, Inc.
express written consent. In the event that you are an entity that
merges with another entity or are acquired by another entity during
the Term, you shall provide written notice of such merger or
acquisition not later than the date on which any public announcement
is made. If Macro Niche Software, Inc. does not consent to assignment
of this Agreement to the new or acquiring entity in such merger or
acquisition. This agreement is binding upon all successors.
Other.
These terms constitute the entire agreement between you and Macro
Niche Software, Inc. governing your use of the Site. Should any
provision in these terms be found invalid or unenforceable for any
reason, then that provision shall be deemed severable from the terms
and shall not affect the validity or enforceability of the remaining
provisions. You agree that any claim arising out of or related to the
terms or your use of the Site, email, oral, written communication or
other issues related to Macro Niche Software, Inc. must be filed
within one year after it arose or be permanently barred.
Either
party's failure to enforce any provision of this or any other
Agreement shall not waive that party's rights.
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