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Terms of Use
Welcome to www.symplifytech.com
(the "Site"). By using the Web pages hosted by Sy.Med Development, Inc.
(“Sy.Med”), you agree to the following terms and conditions.
Service
Sy.Med reserves the
right to modify or discontinue, all or any part of this Site with or without notice,
and to establish general guidelines and limitations on their use. You may obtain
access to other sites on the Internet through these pages. By providing this service,
Sy.Med does not take any responsibility or liability for information or publications
of third parties on the Internet, even if you access them through these pages.
Trademarks and Copyrights
This Site and all materials
incorporated by Sy.Med on this Site ("Material") are protected by copyrights,
patents, trade secrets or other proprietary rights ("Copyrights"). Some
of the characters, logos or other images incorporated by Sy.Med on this Site are
also protected as registered or unregistered trademarks, trade names and/or service
marks owned by Sy.Med or others ("Trademarks"). Sy.Med respects the intellectual
property rights of others and asks users of this Site to do the same.
Your Use of Content
Your right to use this
Site and any Material or other content appearing on it is subject to your compliance
with these Terms of Use. Modification or use of the Material or any other content
on this Site for any purpose not permitted by these Terms of Use may be a prohibited
violation of the Copyrights or Trademarks.
Our Use of Content
Sy.Med will consider
anything you provide to Sy.Med and/or contribute to this Site as available for our
use free of any obligations to you, except where we have expressly solicited Invited
Submissions and those submissions are expressly governed by Additional Terms appearing
elsewhere on this Site, in which event those Additional Terms will determine how
we will treat your Invited Submissions.
Subject to the provisions
of any Additional Terms, by posting or uploading any content to this Site and/or
providing any communication or material to Sy.Med ("User Content"), you
automatically and irrevocably: (a) grant and assign to Sy.Med any and all rights
in the User Content throughout the world including without limitation all copyright,
together with all consents (if any) necessary to enable its reproduction, distribution,
modification, publishing and/or other exploitation by Sy.Med and/or by any person
authorized by Sy.Med, by any means and in all media now known or hereafter devised
without payment or other reference to you or any other person, and to advertise
and promote such exploitation, for the full period of all such rights (together
with any extensions and renewals) and insofar as possible in perpetuity;
(b) waive all moral
rights in the User Content which may be available to you in any part of the world
and confirm that no such rights have been asserted;
(c) appoint Sy.Med
as your agent with full power to enter into any document and/or do any act Sy.Med
may consider appropriate to confirm the grant and assignment, consent and waiver
set out above;
(d) warrant that you
are the owner of the User Content and entitled to enter into these Terms of Use;
(e) confirm that no
such User Content will be subject to any obligation, of confidence or otherwise,
to you or any other person and that Sy.Med shall not be liable for any use or disclosure
of such User Content.
Disclaimer of Warranties
YOUR USE OF THIS SITE
IS AT YOUR OWN RISK. Sy.Med AND ALL THE MATERIALS, INFORMATION, AND OTHER CONTENT
IN THIS SITE AND OTHER SITES LINKED TO THIS SITE ARE PROVIDED "AS IS"
AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, Sy.Med DISCLAIMS ALL
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
Sy.Med DOES NOT WARRANT
THAT THE FUNCTIONS CONTAINED IN THIS SITE WILL BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE,
THAT DEFECTS WILL BE CORRECTED, OR THAT Sy.Med's WEB SITES OR THE SERVERS THAT
MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Sy.Med DOES
NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE
USE OF THE MATERIAL, INFORMATION OR OTHER CONTENT IN THIS SITE OR ANY SITES LINKED
TO THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
Sy.Med MAKES NO WARRANTIES
THAT YOUR USE OF THE MATERIALS, INFORMATION, OR OTHER CONTENT IN THIS SITE OR OTHER
SITES LINKED TO THIS SITE WILL NOT INFRINGE THE RIGHTS OF OTHERS AND Sy.Med ASSUMES
NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH MATERIALS, INFORMATION,
OR OTHER CONTENT OF THIS SITE OR ANY SITES LINKED TO THIS SITE. IF APPLICABLE LAW
DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY
TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE
LAW.
Limitation of Liability
Sy.Med DOES NOT ACCEPT
ANY LIABILITY FOR ANY LOSS OR DAMAGE (DIRECT, INDIRECT, PUNATIVE, ACTUAL, CONSEQUENTIAL,
INCIDENTAL, SPECIAL, EXEMPLARY OR OTHERWISE) RESULTING FROM ANY USE OF, OR INABILITY
TO USE, THIS SITE OR OTHER SITES LINKED TO THIS SITE OR THE MATERIAL, INFORMATION,
OR OTHER CONTENT ON THIS SITE OR OTHER SITES LINKED TO THIS SITE, REGARDLESS OF
THE BASIS UPON WHICH LIABILITY IS CLAIMED AND EVEN IF Sy.Med HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH LOSS OR DAMAGE.
YOU (AND NOT Sy.Med)
ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT
OF ANY SUCH LOSS OR DAMAGE. IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF
THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO
YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
Jurisdiction
These pages are controlled
and operated by Sy.Med in the United States and are intended for use within the
United States. Sy.Med makes no representation that materials on these pages are
appropriate or available for use in other locations. Those who choose to access
these pages from other locations do so on their own initiative and are responsible
for compliance with local laws. These Terms and Conditions of Use shall be construed
and enforced in accordance with the laws of the State of Tennessee. Any action to
enforce these Terms and Conditions of Use shall be brought in the federal or state
courts located in the State of Tennessee.
System Abuse
Without limitation,
you agree not to send, create or reply to so called "mailbombs" (i.e.,
emailing copies of a single message to many users, or sending large or multiple
files or messages to a single user with malicious intent) or engage in "spamming"(i.e.,
unsolicited emailing for business or other purposes) or undertake any other activity
which may adversely effect the operation or enjoyment of this Site by any other
person. You may not reproduce, sell, resell or otherwise exploit any resource, or
access to any resource, contained on this Site.
Investigations
Sy.Med reserves the
right to investigate suspected violations of these Terms of Use. Sy.Med may seek
to gather information from the user who is suspected of violating these Terms of
Use, and from any other user. Sy.Med may suspend any users whose conduct is under
investigation. If Sy.Med believes, in its sole discretion, that a violation of these
Terms of Use has occurred, it may warn users, suspend users and passwords, terminate
accounts or take other corrective action it deems appropriate.
Sy.Med will cooperate
with any law enforcement authorities or court order requesting or directing Sy.Med
to disclose the identity of anyone making available any materials that are believed
to violate these Terms of Use. BY ACCEPTING THIS AGREEMENT, YOU WAIVE AND HOLD HARMLESS
Sy.Med FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY Sy.Med DURING OR AS A
RESULT OF ITS INVESTIGATIONS OR FROM ANY ACTIONS TAKEN AS A CONSEQUNCE OF INVESTIGATIONS
BY EITHER Sy.Med OR LAW ENFORCEMENT AUTHORITIES.
Indemnity
You agree to indemnify
and hold harmless Sy.Med and its officers, directors, employees, agents, distributors
and affiliates from and against any and all claims, demands, liabilities, costs
or expenses, including reasonable attorney's fees, resulting from your breach
of any of the foregoing provisions, representations or warranties, or from your
placement or transmission of any content onto Sy.Med's servers, or from any
and all use of your account.
Please note that these
Terms of Use may be revised and reissued without notice at any time by updating
this posting. You should visit this page regularly to review the current Terms of
Use, since your continued use of the Site will be deemed as irrevocable acceptance
of any revisions. These Terms of Use were last updated on March 18, 2008.
Privacy Information
Sy.Med recognizes the
importance of protecting the information that we collect from clients during the
process of registering for a service, product, newsletter, or membership area of
the Site. It is our policy to use the information we acquire through the registration
process or through user postings at our sites for internal business uses only, and
we maintain appropriate security measures to keep this information private. Gathering
this information helps us develop Web sites and products to match your interests.
Collected Information
We require clients
who register to use the services ("Services") offered on our Site to give
us contact information, such as their name, company name, address, phone number,
and e-mail address. At the time you express interest in attaining additional information,
or when you register for the service, we may also ask for additional personal information,
such as title, department name, fax number, or additional company information, such
as annual revenues, number of employees, or industry. Clients can opt out of providing
this additional information by not entering it when asked.
Sy.Med uses the information
that we collect to set up Services for individuals and their organizations. We may
also use the information to contact clients to further discuss client interest in
our company, the Services that we provide, and to send information regarding our
company or partners, such as promotions and events. Clients are invited to receive
an email newsletter by providing an email address. Client email addresses and any
personal client information will not be distributed or shared with any third parties.
Clients can opt out of being contacted by us, or receiving such information from
us, at any time by sending an email to oneapp@symed.com. Separately, clients are
also asked to provide an email address when registering for the Service, in order
to receive a username and password. We may also email information regarding updates
to the Service or company, and will send a Client Newsletter. Again, email will
not be distributed or shared and clients can opt out of receiving any communication
by emailing oneapp@symed.com at the time it is distributed, or at the time any client
registers for the Service.
Sy.Med may also collect
certain information from visitors to and clients of the Site, such as Internet addresses.
This information is logged to help diagnose technical problems, and to administer
our Site in order to constantly improve the quality of the Service. We may also
track and analyze non-identifying and aggregate usage and volume statistical information
from our visitors and clients and provide such information to third parties.
Cookies
When you interact with
the Sy.Med Web site, we strive to make that experience easy and meaningful. When
you come to our Web site, our Web server may send a cookie to your computer. Cookies
are files that Web browsers place on a computer's hard drive and are used to
tell us whether clients and visitors have visited the Site previously.
Third-Party Sites
The Site contains links
to other Web sites. Sy.Med is not responsible for the privacy practices or the content
of these other Web sites. Clients and visitors will need to check the policy statement
of these other Web sites to understand their policies. Clients and visitors who
access a linked site may be disclosing their private information. It is the responsibility
of the user to keep such information private and confidential.
Opt-Out Policy
Sy.Med offers its visitors
and clients a means to choose how we may use information provided. If, at any time
after registering for information or ordering Services, you change your mind about
receiving information from us or about sharing your information with third parties,
send us a request specifying your new choice. Simply send your request to
oneapp@symed.com.
Additional Information
Questions regarding
this Statement or the practices of this Site should be directed to Sy.Med by e-mailing
such questions to oneapp@symed.com.
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