Please read these terms and conditions before using these OrderPoint, Inc. World Wide Web pages (the "Cardiotext Web Site").
By using the Cardiotext Web Site you indicate your agreement to the following terms and conditions. If you do not accept these terms and conditions, please do not use the Cardiotext Web Site. Cardiotext reserves the right to make changes to its Web Site, and its Web Site's terms and conditions at any time.
1. Copyright and Proprietary Rights This Web Site is the property of OrderPoint, Inc. ("OrderPoint, Inc.") and its licensors and is protected by United States and International Copyright laws. All copyright, trademark, and other proprietary rights in the Cardiotext Web Site and in the software,text, graphics, design elements, audio, music and all other materials originated or used by Cardiotext, Inc. at its Web Site (the "Cardiotext Information") are reserved to OrderPoint, Inc. and its licensors.
You may not reproduce, upload, post, transmit, download or distribute any part of the Cardiotext Information other than printing out or downloading portions of the text and images for your own personal, non-commercial use.
You may not modify the Cardiotext Web Site. You shall observe copyright and other designated restrictions designated on this Site. You may not use the Cardiotext Web Site that infringes the rights of any person or entity.
Domain names and trademarks of other Web Sites, or contained in information accessed at other Web Sites, are the sole property of their respective owners. No affiliation with, endorsement of, or sponsorship by OrderPoint, Inc. should be inferred.
2. Responsibility for Content
OrderPoint, Inc. does not screen, edit or review material submitted or used by users, content providers, or publishers. OrderPoint, Inc. can therefore accept no responsibility or liability for any material which may reside in the Cardiotext Web Site. OrderPoint, Inc. has no responsibility with respect to other Web Sites.
You may not link, upload, post or transmit any illegal, obscene, offensive or otherwise inappropriate material to the Cardiotext. Web Site. You agree to indemnify OrderPoint, Inc. from any damage, loss, cost or expense which may be incurred as a result of the material you use,link, upload, post, or transmit to or from the Cardiotext Web Site. OrderPoint, Inc. has no duty to review or edit materials submitted by users. OrderPoint, Inc. may remove any such materials at any time for any reason.
3. Exclusions Of Warranties and Disclaimers of Liability
NO WARRANTIES OF ANY KIND ARE MADE WITH RESPECT TO THE CARDIOTEXT WEB SITE, ORDERPOINT, INC., CARDIOTEXT INFORMATION OR OTHER WEB SITES. THE CARDIOTEXT WEB SITE IS PROVIDED ON AN "AS IS" BASIS. ORDERPOINT, INC. MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE CARDIOTEXT WEB SITE, THE INFORMATION, MATERIALS, PRODUCTS OR CONTENT THAT IS INCLUDED ON THE SITE. ORDERPOINT, INC. DOES NOT WARRANT THAT THE CARDIOTEXT WEB SITE WILL MEET YOUR REQUIREMENTS, WILL BE ACCURATE, OR WILL BE UNINTERRUPTED OR ERROR FREE. WE EXPRESSLY EXCLUDE AND DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL ORDERPOINT, INC. OR ITS EMPLOYEES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGE OR LOSS OF ANY KIND ARISING OUT OF OR RELATED TO YOUR USE OF THE ORDERPOINT, INC. WEB SITE, INCLUDING WITHOUT LIMITATION DATA LOSS OR CORRUPTION, REGARDLESS OF WHETHER SUCH LIABILITY IS BASED IN TORT, CONTRACT OR OTHERWISE. UNDER NO CIRCUMSTANCES SHALL ORDERPOINT, INC. OR ITS EMPLOYEES BE RESPONSIBLE OR LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR MULTIPLE DAMAGES OF ANY KIND THAT RESULT FROM, BUT ARE NOT LIMITED TO, ERRORS, DEFECTS, VIRUSES, THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO ORDERPOINT, INC.'S OR ITS CONTRACTOR'S FILES, RECORDS, PROGRAMS OR SERVICES.
OrderPoint, Inc. is a reseller of product, and as such is not responsible or liable for information concerning price, availability or timeliness of delivery of product from the publisher, distributor or manufacturer.
No oral or written advice or consideration given by OrderPoint, Inc., or its representatives, providers or contractors, or the like, shall create a warranty.
4. Choice of Law and Jurisdiction
The Cardiotext Web Site is operated in the State of Minnesota, United States of America. This Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota.
The user consents unconditionally to submit to the exclusive jurisdiction of the courts of the State of Minnesota and the United States of America, located in Hennepin County, Minnesota, USA, for any litigation arising from or relating to the use of the Cardiotext Web Site, and waives any objection to the laying of venue of any litigation in Minnesota courts.
5. Limitation of Claims
The user must bring any action on any claim against OrderPoint, Inc. within one (1) year following the date the claim first accrued, or shall be deemed waived.