PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEB SITE. If you do not agree to all of the Terms and Conditions of this Agreement, you may not access or use the Web Site.
ICU-USASM is provided by ICU-USA, Inc. ("ICU-USA"), a Missouri Corporation located in St. Louis, MO, in the United States of America.
ICU-USASM (or the "Web Site") provides Internet-based, complimentary information (the "Service") subject to compliance with the Terms and Conditions set forth below, including all exhibits hereto incorporated by reference to this User Agreement (the "Agreement"). By accessing
ICU-USASM, you (the "User") agree to the following Terms and Conditions of this Agreement.
1. GENERAL DISCLAIMER; NO MEDICAL ADVICE, DIAGNOSIS OR TREATMENT.
THE SERVICE OF ICU-USASM IS PRESENTED FOR GENERAL INFORMATION AND EDUCATIONAL PURPOSES ONLY. NOTHING CONTAINED IN THE WEB SITE IS INTENDED TO SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE OR CONSTITUTE MEDICAL DIAGNOSIS OR TREATMENT. The information is presented in summary form only and is intended to provide introductory consumer understanding and knowledge of health care topics. It should not be considered complete and should not be used in place of communication with your physician or other qualified health care provider. Information obtained in
ICU-USASM is not exhaustive and does not cover all diseases, ailments, physical conditions or their treatment; it may not include all of the most recent information available on a particular topic. Always obtain the advice of your physician or other qualified health care provider regarding any questions you may have about a medical condition. Never delay in obtaining or disregard medical advice because of information contained in
The complimentary information provided through ICU-USASM is compiled from and supplied by a variety of sources including, but not limited to, Endorsers, Sponsors, Licensors, and Vendors (collectively, "Service Providers"). Neither
ICU-USASM nor Service Providers directly or indirectly practice medicine or dispense medical services as part of
2. USER REPRESENTATION: RESTRICTED TO ADULTS.
You must be at least 18 years of age and possess the legal right and ability to enter into this Agreement and to use
ICU-USASM in accordance with this Agreement. You agree to be solely responsible for; a) maintaining controls over the use and/or access to
ICU-USASM by minors in your family; b) financially responsible for your use of your account with
ICU-USASM (as well as for use of your account by others, including minors living with you), and; c) to comply with your responsibilities and obligations as stated in this Agreement.
3. OUR STAFF.
Our staff includes, in part, physicians and other health care professionals (collectively, the "Professional Staff"). None of our physicians will enter into a physician-patient relationship with you, and no other Professional Staff will establish any clinical relationship with you. They will not engage in any conduct that involves the practice of medicine or other health care profession. The information you obtain through
ICU-USASM should not substitute for or be used instead of a clinical or therapeutic relationship with a health care professional.
4. CONTACTS WITH OTHER WEB SITES.
ICU-USASM may provide links, without endorsement and solely as a convenience to users, on its Web Site to other Web sites on the Internet, which may include information, opinions or recommendations of various individuals, organizations or companies. In providing such links, ICU-USA, Inc. does not represent to you that it has investigated the content of such information, opinions or recommendations. Therefore, you understand and agree that ICU-USA, Inc. does not warrant or guarantee the accuracy of such information or necessarily endorse, credential or accredit any such opinions, recommendations, web sites, individuals, organizations or companies. You acknowledge and agree that ICU-USA, Inc. has no control over such sites and is not responsible for the availability of such external Web sites. You also acknowledge and agree that ICU-USA, Inc. does not endorse and is not responsible or liable for any content, advertising, products, other materials or services on or available from such Web sites.
You are encouraged to use discretion while browsing the Internet on searches initiated at
ICU-USASM links may lead unintentionally to sites containing information that some people may find inappropriate or offensive. They may also lead to sites containing inaccurate information, false or misleading advertising, or information in violation of copyright, libel or defamation laws. ICU-USA, Inc. and Service Providers make no representations concerning any effort to review all of the content of sites accessible from
ICU-USASM. If you decide to access linked third party Web sites, you do so at your own risk. Your use of third-party Web sites is subject to the Terms and Conditions of use for such sites.
5. USE OF YOUR INFORMATION
ICU-USASM to enforce this Agreement.
6. YOUR CONDUCT; NO SALE OR COMMERCIAL USE OF THE SERVICE
You acknowledge and agree that your right to use the Service is personal to you. You must be an individual and not a corporation or other business entity, unless separately licensed for specific use(s) of
ICU-USA. You agree not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, sell or make any commercial use of the Service, without the express written consent of ICU-USA, Inc.
You are solely responsible for the contents of your transmissions to
ICU-USASM. Your use of the Service is subject to all applicable local, state, national and international laws and regulations, specifically including but not limited to compliance with U.S. law regarding the transmission of technical data exported from the United States through the Service. You agree that you will not use this Web Site for any purpose that is prohibited by this Agreement. Attempts to gain unauthorized access to other computer systems or use the Web Site or information from other users to send unsolicited commercial messages, or to initiate unsolicited commercial transactions, either individually or in a mass mailing or message distribution, are prohibited. The Service makes use of the Internet to send and receive certain messages; therefore, your conduct is subject to Internet regulations, policies and procedures. You agree not to transmit through the Service any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature.
You agree to: a) maintain all equipment required for your access to and use of
ICU-USASM; b) maintain the security of your user identification and other confidential information relating to your use of
ICU-USASM and; c) be responsible for all charges resulting from use of
ICU-USASM, including unauthorized use prior to notification by you to
ICU-USASM of such use and taking steps to prevent its further occurrence.
You may enter into correspondence with or participate in promotions of Service Providers. Any such correspondence or promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such correspondence or promotions, are solely between the you and the Service Provider. ICU-USA, Inc. assumes no liability, obligation or responsibility for any part of any such correspondence or promotion.
The entire contents of ICU-USASM are copyrighted as a collective work under the laws of United States and other copyright laws. ICU-USA, Inc. holds the copyright in the collective work. The collective work includes works that are the property of the Service Providers, which are also protected by copyright and other intellectual property laws. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download portions of the material from the different areas of the Web Site solely for your own non-commercial, personal use, unless otherwise permitted. You agree not to change or delete any proprietary notices from materials downloaded from
ICU-USASM . Any publication, retransmission or redistribution of any copyrighted material is strictly prohibited without the prior written consent of ICU-USA, Inc. You may reproduce limited excerpts of the data for personal use only, provided that each such copy contains a copyright notice as follows: Copyright © 1999-2000, ICU-USA, Inc., St. Louis, Missouri 63141. All rights reserved.
8. PROPRIETARY RIGHTS TO CONTENT
You acknowledge that the content of this Web Site, including but not limited to text, software, sound, photographs, video, graphics or other material contained in either the Web Site, Service Provider or otherwise distributed, commercially produced information presented to you by or through
ICU-USASM's Service Providers, is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws; therefore, you are only permitted to use this content as expressly authorized by ICU-USA, Inc. or the Service Provider. You may not copy, reproduce, distribute, or create derivative works from this content without expressly being authorized to do so by ICU-USA, Inc. or the Service Provider.
ICU-USASM Service is provided "AS IS" without warranty, express or implied.
ICU-USASM and Service Providers make no warranty as to the reliability, accuracy, timeliness, usefulness, adequacy or completeness of the Service. Neither ICU-USA, Inc. nor any Service Provider shall be responsible for the Service or any functions provided hereunder under any theory of liability or indemnity. ICU-USA, Inc. and Service Providers cannot and do not warrant against human and machine errors, omissions, delays, interruptions or losses, including loss of data. ICU-USA, Inc. and Service Providers cannot and do not guarantee or warrant that files available for downloading from iCU-USASM will be free of infection or viruses, worms, or other code with destructive properties. Liability of ICU-USA, Inc. or Service Providers, if any, for damages (including, without limitation, liability arising out of contract, negligence, strict liability, tort or patent or copyright infringement) shall not exceed the fees paid by you for the particular Service provided.
In no event shall ICU-USA, Inc. or any Service Provider be liable for any damages other than the amount referred to above, and all other damages, direct or indirect, special, incidental, consequential or punitive, are hereby excluded even if ICU-USA, Inc. or Service Provider has been advised of the possibility of such damages. ICU-USA, Inc. excludes all implied warranties of merchantability and fitness for a particular use or purpose with respect to the Service. There are no warranties which extend beyond the description on the face of this Agreement. ICU-USA, Inc. and Service Providers do not warrant or guarantee that the functions or Service performed in the Web Site will be uninterrupted or error-free or that defects in the Web Site will be corrected.
You agree to indemnify and hold harmless ICU-USA, Inc., its subsidiaries, affiliates, directors, officers, employees, agents, and Service Providers from and against any claims, actions or demands, and liabilities and settlements including without limitation, including reasonable attorney's and other professional fees, resulting from any violation of this Agreement by you or any other person accessing the Service using your account.
You agree that neither ICU-USA, Inc., nor its subsidiaries, affiliates, officers, directors, employees, agents, and Service Providers shall have any liability to you under any theory of liability or indemnity in connection with your use of
ICU-USASM. You hereby release and forever waive any and all claims you may have against ICU-USA, Inc., its subsidiaries, affiliates, officers, directors, employees, agents, and Service Providers (including but not limited to claims based upon the negligence of ICU-USA, Inc., its subsidiaries, affiliates, officers, directors, employees, agents, or Service Providers) for losses or damages you sustain in connection with your use of
Notwithstanding the foregoing paragraph, the total liability of ICU-USA, Inc., its subsidiaries, affiliates, officers, directors, employees, agents, and Service Providers, if any for losses or damages shall not exceed the fees paid by you for the particular Service, information or function provided. In no event shall ICU-USA, Inc., its subsidiaries, affiliates, officers, directors, employees, agents, or Service Providers, be liable to you for any losses or damages other than the amount referred to above. All other damages, direct or indirect, special, incidental, consequential or punitive arising from any use of the Service are hereby excluded even if ICU-USA, Inc., its subsidiaries, affiliates, officers, directors, employees, agents, or Service Providers, have been advised of the possibility of such damages.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising from or out of use of the Web Site must be filed within one (1) year after such claim or cause of action arose.
ICU-USASM does not recommend or endorse any specific test, product, or procedure that may be addressed in the Service provided through the Web Site. Any opinions expressed on or through
ICU-USASM are the opinions of the authors.
You understand further that the Internet contains unedited materials, some of which are sexually explicit and may be offensive to you. You access this material at your own risk. ICU-USA, Inc. and Service Providers have no control over and accept no responsibility whatsoever for such materials.
This Agreement shall be governed by and construed in accordance with the laws of the State of Missouri, excluding its conflict of law provisions. You and ICU-USA, Inc. agree to submit to the exclusive jurisdiction of the courts of the state of Missouri. If any provision(s) of this Agreement is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. ICU-USA, Inc.'s failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by ICU-USA, Inc. in writing. You and ICU-USA, Inc. agree that any cause of action arising out of or related to the Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.
It is the policy of ICU-USA, Inc. to comply with all applicable laws and regulations, as they may be modified from time to time. In the event any provision of any of this Agreement may be in conflict with any applicable law or regulation, the applicable law or regulation will supersede the conflicting provision.
The provisions of this Agreement are severable, and in the event any provision hereof is determined to be invalid or unenforceable, such invalidity or unenforceability shall not in any way affect the validity or enforceability of the remaining provisions hereof. The section titles in this Agreement are solely used for the convenience of the parties and have no legal or contractual significance.
This Agreement shall commence upon your accessing the Service. This Agreement may be terminated by ICU-USA, Inc., without notice at any time for any reason and may be terminated by you upon notice to ICU-USA, Inc., at any time for any reason. The provisions of paragraphs 7. Copyright, 8. Proprietary Rights to Content, 10. Indemnity, 11. Liability, and 12. Jurisdiction, shall survive any termination of this Agreement.
14. COMPLETE AGREEMENT
This Agreement constitutes your entire agreement with ICU-USA, Inc. and supersedes all prior or contemporaneous communications, proposals or agreements, whether oral or written, between us. You agree that this Agreement takes effect on your first use of the Web Site, and that it applies to all persons accessing the Web Site from your computer. You agree and are obligated to regularly review this Agreement for changes and agree to those changes by continuing to use the Web Site. ICU-USA, Inc. has the right to amend this Agreement at any time without notice to you by making changes to this Agreement as posted.
15. MODIFICATION OF USER AGREEMENT
ICU-USA, Inc. reserves the right, at its sole discretion without notice to suspend, modify or terminate the terms and conditions of this Agreement. ICU-USA, Inc. may revise and update this User Agreement at any time without notice.
Thank you for your compliance with these Terms and Conditions. We hope
ICU-USASM will become a valued family resource. Correspondence for
ICU-USASM or ICU-USA, Inc. may be sent by U.S. mail to ICU-USA, Inc., Attn: Customer Service, 12444 Powerscourt Drive, Suite 300, St. Louis, MO 63131-3620 or by e-mail to firstname.lastname@example.org.