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- LEGAL - Terms of Service
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.
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 in any
and that the that the user is working with agree 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 to conduct 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.
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/maybe covered by one or 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
2. User Conduct - General.
In using this Site, you agree:
(a) 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;
(b) not to disrupt or interfere with
any other user's enjoyment of the Site or affiliated or linked Web
sites;
(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 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;
(f) not to divulge your username and
password to others either on or off the Site;
(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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