Web Site Terms and Conditions of Use
YOU MUST BE AGE 18 AND OVER TO USE THIS SITE. YOU REPRESENT, ACKNOWLEDGE AND AGREE THAT YOU ARE AT LEAST 18 YEARS OF AGE.
General Use Restrictions.
JACKSON MEDICAL provides content and services through this Site. Certain information, documents and services provided on and through this Site, including content, logos, graphics and images (together, the “Materials”) are provided to you by GLOSHIELD and are the copyrighted and/or trademarked work of GLOSHIELD or GLOSHIELD’s contributors.
JACKSON MEDICAL grants you a limited, personal, non-exclusive and non-transferable license to use and to display and to make one copy of the Materials and to use the services of this Site solely for your personal use. Except for the license set forth in the preceding sentence above, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Materials in any manner. This limited license terminates automatically, without notice to you, if you breach any of these Terms or if we terminate your use of the Site for any reason. Upon termination of this limited license, you agree to immediately destroy any downloaded or printed Materials. Except as stated herein, you acknowledge that you have no right, title or interest in or to this Site, or any Materials.
Third Party Content.
Certain information and other content may be provided by third party licensors and suppliers to JACKSON MEDICAL (“Third Party Content”). The Third Party Content is, in each case, the copyrighted and/or trademarked work of the creator/licensor. You agree to only display the Third Party Content on your personal computer solely for your personal use. You acknowledge and agree that you have no right to download, cache, reproduce, modify, display (except as set forth in this paragraph), edit, alter or enhance any of the Third Party Content in any manner unless you have permission from the owner of the Third Party Content. JACKSON MEDICAL DISCLAIMS ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES AND CONDITIONS WITH REGARD TO THIRD PARTY CONTENT, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
Links to Third Party Sites.
This Site may be linked to other sites that are not JACKSON MEDICAL sites. JACKSON MEDICAL is providing these links to you only as a convenience, and JACKSON MEDICAL is not responsible for such linked sites, including, without limitation, the content or links displayed on such sites.
Unauthorized use of any Materials or Third Party Content contained on this Site may violate certain laws and regulations. You agree to indemnify and hold JACKSON MEDICAL and its officers, directors, employees, affiliates, agents, licensors, and business partners harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys’ fees and costs of defense) JACKSON MEDICAL or any other indemnified party suffers in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party that your use of this Site or the use of this Site by any person using your user name and/or password violates any applicable law or regulation, or the copyrights, trademark rights or other rights of any third party.
JACKSON MEDICAL reserves the right to immediately terminate your access to and use of the Site or any portion thereof, at any time and for any reason, with or without cause. Upon such termination, your right to use the Site shall immediately cease, and you shall destroy all information and content obtained from the Site and all copies thereof.
All trademarks on this site marked with a ® are registered trademarks of Jackson Medical, LLC. All trademarks marked with a ™ are common law trademarks of Jackson Medical, LLC. in the United States. All third party trademarks, names and logos on this Site are the property of their respective owners.
Unless otherwise specified in these Terms, all information and screens appearing on this Site, including documents, services, site design, text, graphics, logos, images and icons, as well as the arrangement thereof, are the sole properties of JACKSON MEDICAL, LLC., Copyright © 2019 JACKSON MEDICAL. All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or license.
You acknowledge that you are responsible for the testimonials that you submit to the Site (each a “Testimonial”), and that you, and not JACKSON MEDICAL, have full responsibility for each such Testimonial you make, including its legality, reliability, and appropriateness and you agree that your Testimonial is accurate. You agree that any Testimonial provided by you in connection with this Site is provided on a non-proprietary and non-confidential basis. You agree that JACKSON MEDICAL is free to use a Testimonial for any purpose and you grant JACKSON MEDICAL a perpetual, sublicensable, nonexclusive, worldwide, royalty-free license to (in any media, whether now known or not currently known or invented) link to, utilize, use, publicly perform, publicly display, reproduce, distribute, modify and prepare derivative works of the Testimonial. You acknowledge and agree that JACKSON MEDICAL may refuse to use, modify, delete or remove any Testimonials; with or without cause and with or without notice, for any reason or no reason, or for any action that JACKSON MEDICAL determines is inappropriate or disruptive to this Site or to any other user of this Site and/or services.
Disclaimer of Warranties.
Your use of this Site and/or the services is at your own risk. Neither the Materials nor the Third Party Content have been verified or authenticated in whole or in part by JACKSON MEDICAL, and they may include inaccuracies or typographical or other errors. JACKSON MEDICAL does not warrant the accuracy or timeliness of the Materials or the Third Party Content contained on this Site. JACKSON MEDICAL has no liability for any errors or omissions in the Materials and/or the Third Party Content, whether provided by JACKSON MEDICAL or our licensors. It is your responsibility to independently investigate the accuracy and completeness, of the Materials and/or Third Party Content on this Site.
JACKSON MEDICAL, FOR ITSELF AND ITS LICENSORS, MAKES NO EXPRESS, IMPLIED OR STATUTORY REPRESENTATIONS, WARRANTIES, OR GUARANTEES IN CONNECTION WITH THIS SITE OR THE SERVICES OFFERED ON THIS SITE, ANY MATERIALS OR THIRD PARTY CONTENT, RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS SITE, INCLUDING WITHOUT LIMITATION THE MATERIALS AND THE THIRD PARTY CONTENT. UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THIS SITE, THE SERVICES, MATERIALS, THIRD PARTY CONTENT, AND ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS SITE IS PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” AND “WHERE-IS” BASIS WITH NO WARRANTIES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS.
THE INFORMATION AVAILABLE THROUGH THIS SITE IS FOR INFORMATIONAL PURPOSES ONLY. THE INFORMATION IS NOT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE OR A DIAGNOSIS, OR TREATMENT. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ ON THIS SITE!
IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL YOUR PHYSICIAN OR 911 IMMEDIATELY.
JACKSON MEDICAL DOES NOT RECOMMEND OR ENDORSE ANY SURGEONS, PHYSICIANS, OPINIONS, OR OTHER INFORMATION THAT MAY BE MENTIONED OR FOUND ON THE SITE. RELIANCE ON ANY INFORMATION PROVIDED BY THE SITE, IS SOLELY AT YOUR OWN RISK.
JACKSON MEDICAL DOES NOT WARRANT THAT YOUR USE OF THE SITE WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER(S) ON WHICH THE SITE IS HOSTED ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL TELEPHONE, COMPUTER HARDWARE AND OTHER EQUIPMENT NEEDED TO ACCESS AND USE THE SITE, AND ALL CHARGES RELATED THERETO.
Limitation of Liability.
JACKSON MEDICAL AND ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS, SUPPLIERS AND OTHER REPRESENTATIVES SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM YOUR DISPLAYING, COPYING, DOWNLOADING OR USING ANY MATERIALS, THIRD PARTY CONTENT TO OR FROM THIS SITE. IN NO EVENT SHALL JACKSON MEDICAL BE LIABLE TO YOU FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, EVEN IF JACKSON MEDICAL KNOWS THERE IS A POSSIBILITY OF SUCH DAMAGE.
CERTAIN STATES DO NOT ALLOW THE LIMITATIONS OF LIABILITY SET FORTH ABOVE, AND SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU.
Local Laws; Export Control.
JACKSON MEDICAL controls and operates this Site from its headquarters in the United States of America and the Materials, and/or Third Party Content may not be appropriate or available for use in other locations. If you use this Site outside the United States of America, you are responsible for following applicable local laws.
If you violate these Terms, JACKSON MEDICAL may terminate and/or suspend your access to this Site without notice. JACKSON MEDICAL prefers to advise you of your inappropriate behavior and to recommend any necessary corrective action. However, certain violations of these Terms, as determined by JACKSON MEDICAL, may result in immediate termination of your access to this Site. JACKSON MEDICAL has the right to terminate any password-restricted account for any reason. Georgia law and controlling U.S. federal law, without regard to the choice or conflicts of law provisions, will govern these Terms. Any disputes relating to these Terms or this Site will be heard in the courts located in Georgia. If any of these Terms is found to be inconsistent with applicable law, then such term shall be interpreted to reflect the intentions of the parties, and no other terms will be modified. JACKSON MEDICAL’s failure to enforce any of these Terms is not a waiver of such term. These Terms are the entire agreement between you and JACKSON MEDICAL and supersede all prior or contemporaneous negotiations, discussions or agreements between you and JACKSON MEDICAL about this Site. The proprietary rights, disclaimer of warranties, representations made by you, indemnities, limitations of liability and general provisions shall survive any termination of these Terms.