Terms & Conditions
Welcome to the web site operated by Equipment Management & Technology Solutions ("EMTS"). This web site (the "EMTS Web Site" or the "Web Site") provides both general information (free of charge to users) and detailed information, for which organizations pay a fee.
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEB SITE. BY USING THIS WEB SITE, YOU AGREE TO BE BOUND THE TERMS AND CONDITIONS SPECIFIED BELOW, AS THEY MAY BE AMENDED FROM TIME TO TIME. IF YOU DO NOT AGREE TO ALL OF THESE TERMS AND CONDITIONS OF USE, DO NOT USE THIS WEB SITE.
EMTS may revise and update these Terms and Conditions at any time by posting the amended terms to this web site. Your continued use of the EMTS Web Site means you accept and agree to the revised Terms and Conditions of Use. If you disagree with the Terms and Conditions of Use (as amended from time to time) or are dissatisfied with this Web Site, your sole and exclusive remedy is to discontinue using this Web Site.
USE OF EMTS WEB SITE
You agree to use the EMTS Web Site only for lawful purposes.
(a) Specifically you agree not to do any of the following:
(1) upload to or transmit on the EMTS Web Site any defamatory, indecent, obscene, harassing, excessively violent or otherwise objectionable material, or any material that is, or may be, protected by copyright, without permission from the copyright owner;
(2) use the EMTS Web Site to violate the legal rights (including the rights of publicity and privacy) of others or to violate the laws of any jurisdiction
(3) intercept or attempt to intercept electronic mail not intended for you;
(4) misrepresent an affiliation with any person or organization;
(5) upload or transmit on the EMTS Web Site any advertisements or solicitations of business;
(6) restrict or inhibit other Subscribers' use of the EMTS Web Site;
(7) upload or otherwise transmit files that contain a virus or otherwise corrupted data;
(8) collect information about others (including e-mail addresses) without their consent;
(9) download a file or software or include in a message any software, files or links that you know, or have reason to believe, cannot be distributed legally over the EMTS Web Site or that you have a contractual obligation to keep confidential (notwithstanding its availability on the EMTS Web Site);
(10) post "spam", chain letters or engage in other similar activities or
(11) engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the EMTS Web Site, or which, as determined by EMTS, exposes EMTS or users of the EMTS Web Site to any liability or detriment of any type.
(b) Any content and/or opinions uploaded, expressed or submitted to a message board, chatroom or any other publicly available section of the EMTS Web Site, and all articles and responses to questions, other than such content provided by EMTS, are solely the opinions and responsibility of the person or entity submitting them and do not necessarily reflect the opinions of EMTS. You understand and acknowledge that you are responsible for whatever content you submit, and you, not EMTS, have full responsibility for such content, including its legality, reliability, and appropriateness. By uploading or otherwise transmitting material to any area of the EMTS Web Site, you warrant that the material is your own, is in the public domain, or otherwise free of proprietary or other restrictions and that you have the right to use it, including by posting it to the EMTS Web Site. You grant to EMTS the right to use all content you upload or otherwise transmit to the EMTS Web Site in any manner EMTS chooses, including but not limited to copying, displaying or performing, or publishing it in any format whatsoever, and modifying it, incorporating it into other material or making a derivative work based on it.
(c) EMTS reserves the right, but does not assume any responsibility, to
(1) remove from the EMTS Web Site any material posted by you on the EMTS Web Site which EMTS, in its sole discretion, deems inconsistent with the foregoing commitments, including any material EMTS has been notified, or has reason to believe, constitutes a copyright infringement;
(2) terminate your access to all or part of the EMTS Web Site. However, EMTS can neither review all material prior to transmission on the EMTS Web Site nor ensure prompt action with respect to objectionable material after it is transmitted on the EMTS Web Site. Accordingly, EMTS assumes no liability for any action or inaction regarding transmissions, communications, or other content that is provided by third parties. EMTS reserves the right to take any action it deems necessary to protect the personal safety of users of the Web Site and the public, however, EMTS has no liability or responsibility to anyone for performance or nonperformance of the activities in this paragraph.
(d) Your failure to comply with the provisions of (a) or (b) above may result in the termination of your subscription to the EMTS Web Site and may expose you to civil and/or criminal liability.
COPYRIGHT RESTRICTIONS/USE OF CONTENT
The materials hosted on the EMTS Web Site are protected by United States and international laws regarding copyrights, trademarks, trade secrets and other proprietary rights. You may not copy, modify, create derivative works of, publicly display or perform, republish, store, transmit or distribute any of the material on this site without the prior written consent of EMTS, except as follows. You may store copies of such materials temporarily in RAM and may store files that are automatically cached by your web browser for display enhancement purposes and you may print a reasonable number of pages of the EMTS Web Site for your personal use; provided in each case that you do not alter or remove any copyright or other proprietary notices included in such materials. Neither title nor intellectual property rights to any information or material in this site are transferred to you, but remain with EMTS or the applicable owner of such content.
TRADEMARKS
The term "EMTS" is a registered trademark, and the "EMTS" logo and all related product and service names, designs, and slogans are the trademarks or service marks of EMTS. Any other product and service marks on this site are the trademarks of their respective owners.
THE EMTS WEB SITE AND INFORMATION PROVIDED ON THE WEB SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH ALL FAULTS.
By using this site, you agree to indemnify and hold harmless EMTS, its officers, directors, employees, agents, affiliates, third-party information providers, licensors, health care professionals and others involved in the delivery of the EMTS Web Site or the delivery of services or information over the EMTS Web Site, from and against any and all liabilities, expenses, damages, and costs, including reasonable attorney's fees, arising from your use of the EMTS Web Site or any information obtained from the Web Site or from any violation by you of this Agreement.
PRIVACY; PROTECTION OF PERSONAL INFORMATION
EMTS's use of your personal information and your responsibilities in connection with privacy is in accordance with our privacy policy and is incorporated into by reference into these Terms and Conditions of Use.
COMMENTS AND SUBMISSIONS
EMTS welcomes your comments. All comments, suggestions or other information sent by you to this site for internal use by EMTS or its advertisers or business partners or in response to solicitations on this site, will become EMTS's property, you agree that all intellectual property rights therein are transferred to EMTS. You understand that any postings to publicly available portions of the EMTS Web Site are non-confidential for all purposes.
PASSWORD PROTECTED AREAS OF THE EMTS WEB SITE
EMTS does not warrant or represent that the information you submit to password-protected areas of the EMTS Web Site will be protected against, loss, misuse, or alteration by third parties.
You are responsible for taking all steps to ensure that no other person has access to password protected areas of the EMTS Web Site accessed through your password or account. It is your sole responsibility to
(1) control the dissemination and use of your passwords;
(2) authorize, monitor, and control access to and use of your passwords and password protected areas of the EMTS Web Site accessed through your password or account;
(3) promptly inform EMTS of any need to deactivate a password. You permit EMTS and all other persons or entities involved in the operation of the Web Site to transmit, monitor, retrieve, store and use your information in connection with the operation of password protected areas of the EMTS Web Site. EMTS does not and can not assume any responsibility or liability for any information submitted by you to password protected areas of the EMTS Web Site or for your or third parties' use or misuse of information transmitted or received through password protected areas of the EMTS Web Site.
ADVERTISEMENTS AND LINKS TO OTHER SITES
The EMTS Web Site may contain links to other web sites on the Internet. EMTS does not endorse the content on any third party web sites. EMTS is not responsible for the content of linked third-party sites, sites framed within the EMTS Web Site, or third party advertisements, and does not make any representations regarding their content or accuracy. Your use of third-party web sites is at your own risk and subject to the terms and conditions of use for such web sites.
CONTACT
Please contact EMTS at 888-345-1468 if you become aware of any content that you believe to be in violation of these Terms and Conditions of Use, including without limitation, claims that any content on the EMTS Web Site infringes the copyright of a third party.
MISCELLANEOUS
These Terms and Conditions shall be governed in all respects by and construed in accordance with the laws of the State of Colorado, USA, without regard to its conflicts of law principles. These Terms and Conditions, as they may be amended from time to time, completely and exclusively state the agreement between you and EMTS with respect to the EMTS Web Site, and no other terms that may have been communicated to you orally or in any other manner shall have any force or effect. Any cause of action you may have with respect to the EMTS Web Site must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. Exclusive jurisdiction over any cause of action arising out of these Terms and Conditions or your use of the EMTS Web Site shall be in the state or federal courts located in Denver, CO. You agree to submit to the jurisdiction of such.
If any part of these Terms and Conditions is unenforceable, the unenforceable part shall be construed to reflect, as nearly as possible, the original intentions of the parties. The other provisions of these Terms and Conditions shall remain in full force and effect.
EMTS's failure to insist upon or enforce strict performance of any provision of these Terms and Conditions shall not constitute a waiver of the provision. Neither a course of dealing or conduct between you and EMTS nor any trade practices shall be deemed to modify these Terms and Conditions.
