Terms & Conditions

Ōmcare Website: Terms of Use

INTRODUCTION

This website is owned and controlled by Anser Innovation and all our current and future subsidiaries, affiliates, successors and assigns, and may be operated with the assistance of third parties (collectively referred to as “we,” “us,” or similar terms). Your use of this website constitutes your agreement to these Terms of Use. The effective date of these Terms of Use is January 1, 2013.”You,” “your,” visitor,” or “user” means the individual accessing this site.

We may change these Terms of Use from time to time, and by using this website you agree to the most current version of the Terms of Use and any and all future changes. We encourage you to visit this page periodically to review the Terms of Use.

WEBSITE CONTENT AND LIMITS ON USE

We provide this website as a service to our visitors. Unless otherwise noted, all website content and functionality, including images, illustrations, designs, icons, photographs, video clips, software, and written and other content that are part of this website, including all copyright, trademark, patent, and any other intellectual property rights therein (collectively, the “content”) is owned or licensed by us.

When you download or print a copy of the content you must include all copyright, trademark, and other notices that appear within the website, including the copyright notice on the bottom of the page. No right, title or interest in any downloaded or copied content is transferred to you as a result of any such downloading or copying or any other use. If you believe any content appearing on the website, whether posted by us or by another visitor, violates the copyright or other proprietary rights of a third party please notify us immediately, specifically identifying the content in question and the web page on which it appears, as well as the true copyright owner and any supporting information, and we will take appropriate action.

ADDITIONAL LICENSE OR USE TERMS

Your use of some of the products or services offered on or through this website and related web and mobile apps may require you to accept the terms of an end user or other license terms or terms of use. To the extent that those terms are inconsistent with the terms set forth in these Terms of Use, the more specific license terms or terms of use will apply.

USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS (INCLUDING IMAGES AND VIDEOS)

All comments, feedback, ideas, and other submissions provided to us through the website or through any other method submitted or offered in connection with the website, such as by email, telephone, or by mail (collectively, the “comments”) are and shall be and remain the sole and exclusive property of Anser Innovation, including all copyright or other intellectual property rights therein. Providing your comments to us constitutes an assignment to Anser Innovation of all worldwide right, title and interest in and to all copyrights and other intellectual property rights in the comments. In the event applicable law prohibits such assignment of the intellectual property rights in the comments, you hereby grant us an exclusive, perpetual, royalty-free, worldwide, license to use, copy, distribute, modify, sublicense, assign, and create derivative works involving the comments. All comments are deemed non-confidential, and we are not under any obligation to reply to any comments. You grant us the right to use your name in connection with the submitted comments and in connection with all advertising, marketing and promotional activity.

RULES FOR USING THE WEBSITE

You agree to follow the rules listed below:

  1. You will not knowingly provide or post any false, misleading, or fraudulent information.
  2. You will not use this website for any illegal purpose, nor will you provide or post any material or information in violation of any applicable law or regulation.
  3. All information provided or posted by you must be original to you, and not violate the copyright or other proprietary rights of any third party.
  4. Information provided or posted by you must not violate the rights of any third party, including trade secret or privacy rights. In addition, information provided or posted by you must not be defamatory, harassing, offensive, threatening, obscene, or otherwise inappropriate or disruptive.
  5. You will not hold yourself out as someone you are not or otherwise impersonate any other person.
  6. You will not interfere or tamper with the functioning of this website, nor will you attempt to gain access to information or control of the website not specifically granted to you.
  7. You will not use this website to transmit any spyware, virus or similar destructive program or code.
  8. You will not compile any database or list of other website visitors, nor will you use this website to facilitate the sending of any spam (unsolicited emails), bulk email, or email offering to sell goods or provide services, except as specifically authorized in conjunction with our email marketing services. In no event will you send emails that would violate the CAN-SPAM act in any way.
  9. You will not access or attempt to access any restricted portion of this website unless you have specifically been granted access.
  10. You will abide by any other rules for participation in any newsgroups, chat rooms, forums or similar features on this website. Without limiting this, you will not post advertisements in newsgroups, chat rooms, or forums in violation of the terms of participation for such newsgroups or forums, or on topics not intended for such newsgroups, chat rooms or forums.

WEBSITE ACCESS

We may discontinue all or part of this website at any time. We may block or limit your access to this website if: (a) you violate these Terms of Use; (b) you violate any applicable law or regulation relating to your use of this website; (c) you engage in any conduct which we, in our sole discretion, believe is offensive, harmful, defamatory, or otherwise harmful to us or others.

LINKS

This website may contain links to websites operated by other entities, or display information or content regarding products or services offered by others. These other sites and other entities are not under our control, and we are not responsible for the content available on any other internet sites linked to this website or any action or inaction of any third party. We do not endorse or warrant the goods or services of any third party. You may visit other linked sites or engage in business with any third party at your own risk.

PRIVACY

Please review our Privacy Policy to understand our privacy practices. By using this website or related products and services, you also agree to the most-recent version of the Privacy Policy. We may change the Privacy Policy at any time, and such changes will be posted on the Privacy Policy page or a similar page of the website.

WEBSITE WARRANTY DISCLAIMER

ALL CONTENT ON THIS WEBSITE IS PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. ANSER INNOVATION EXPRESSLY DISCLAIMS ANY DUTY TO UPDATE OR REVISE THE CONTENT ON THIS SITE, ALTHOUGH WE MAY MODIFY THE CONTENT AT ANY TIME WITHOUT NOTICE. USE OF THE WEBSITE IS AT YOUR SOLE RISK, AND YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF THIS WEBSITE. ANSER INNOVATION MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ARE RESPONSIBLE FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY CONTENT YOU MAY OBTAIN FROM THE WEBSITE IS FREE OF VIRUSES. YOU FURTHER ACKNOWLEDGE THAT WE SHALL NOT BE LIABLE FOR ANY DAMAGES OR ANY KIND RELATED TO YOUR USE OF THIS WEBSITE.

Please note that warranties and limitations relating to any product you purchase through this website are set forth in the specific product warranty literature.

LIMIT OF LIABILITY

ANSER INNOVATION IS NOT AND WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS WEBSITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITE, SERVICES, AND ALL CONTENT IS TO STOP USING THE WEBSITE AND CONTENT. IN ADDITION, IF FOR ANY REASON ALL OR PART OF THE FOREGOING LIMITATIONS ARE DEEMED INVALID, OUR MAXIMUM AGGREGATE LIABILITY ARISING FROM OR RELATED TO YOUR USE OF THIS WEBSITE SHALL BE ONE HUNDRED DOLLARS ($100.00).

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

MISCELLANEOUS

Unless otherwise specified, this website and the content thereof are displayed solely for the purpose of promoting our products and services. This Agreement shall be construed in accordance with the laws of the State of Minnesota, without regard to any conflict of law provisions. Any dispute arising under this Agreement shall be resolved exclusively by the state and/or federal courts of the State of Minnesota. You agree and submit to the jurisdiction and venue of such courts. You agree that in the event you have or may have any alleged claim against Anser Innovation or any of our vendors or licensors, you shall pursue such claim only in your individual capacity, and you shall not agree to join or be a part of any class action, consolidated action, or similar action. You also agree that your damages are limited as set forth elsewhere in these Terms of Use and that you are not eligible to receive, and shall not seek, and you agree to defend, indemnify and hold us harmless from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your use of the website and/or your breach of these Terms of Use, including attorneys’ fees. If any provision of these Terms of Use is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Our failure to act with respect to any failure by you or to others to comply with these Terms of Use does not waive our right to act with respect to subsequent or similar failures.

LAST UPDATE
These Terms & Conditions were last updated on August 23, 2019.

OUR CONTACT INFORMATION
If you have questions or comments about these Terms & Conditions, please contact us via email at info@omcare.com.