The
LMT Lammers Medical Technology GmbH (LMT) Web site (the "Site"),
including www.lammersmedical.com, provides an online resource
for health care professionals.
These terms may be changed from time to time and without further
notice. Your continued use of the Site after any such changes
constitutes your acceptance of the new terms. If you do not
agree to abide by these or any future terms, please do not use
the Site or download materials from it.
LMT , may terminate, change, suspend or discontinue any aspect
of the Site, including the availability of any features, at
any time. LMT may remove, modify or otherwise change any content,
including that of third parties, on or from this Site. LMT may
impose limits on certain features and services or restrict your
access to parts or all of the Site without notice or liability.
LMT may terminate your use of the Site at any time in its sole
discretion.
These terms apply exclusively to your access to and use of the
Site and do not alter the terms or conditions of any other agreement
you may have with LMT.
1. Proprietary Rights.
Copyrights. All content on this Site, including but not limited
to design, text, software, technical drawings, configurations,
graphics, other files, and their selection and arrangement ("Content"),
are Copyright © 2004 LMT GmbH. All rights reserved. The Content
may not be modified, copied, distributed, framed, reproduced,
republished, downloaded, displayed, posted, transmitted, or
sold in any form or by any means, in whole or in part, without
LMT's prior written permission, except that you may download
and print content for uses that are not competitive with or
derogatory to LMT, provided that you keep all copyright or other
proprietary notices intact. Please note that this limited consent
may be revoked at any time and does not include consent to republish
Content on any Internet, Intranet or Extranet site or to incorporate
the information in any other database or compilation. Any other
use of the Content is strictly prohibited. You further agree
that you will not systematically extract, collect or harvest,
through electronic means or otherwise, any data or data fields
from this Site, including but not limited to customer identities.
Software. Any software, including any files, images generated
by the software, code, and data accompanying the software (collectively,
"Software"), used or accessible through this Site may be used
by you solely for accessing and using this Site for purposes
expressly stated on the Site, provided that such uses are not
competitive with or derogatory to LMT. LMT retains full and
complete title to and all intellectual property rights in the
Software. You agree not to copy, distribute, sell, modify, decompile,
reverse engineer, disassemble or create derivative works from
any Software.
2. User Conduct - General.
In using this Site, you agree:
(a) not to disrupt or interfere with the security of, or otherwise
abuse, the Site, or any services, system resources, accounts,
servers or networks connected to or accessible through the Site
or affiliated or linked Web sites;
(b) not to disrupt or interfere with any other user's enjoyment
of the Site or affiliated or linked Web sites;
(c) not to upload, post, or otherwise transmit through or on
this Site any viruses or other harmful, disruptive or destructive
files;
(d) not to use or attempt to use another's account, service
or system without authorization from LMT, or create or use a
false identity on this Site;
(e) not to transmit through or on this Site spam, chain letters,
junk mail or any other type of unsolicited mass email to people
or entities who have not agreed to be part of such mailings;
(f) not to divulge your username and password to others either
on or off the Site;
(g) not to attempt to obtain unauthorized access to the Site
or portions of the Site which are restricted from general access;
and,
(h) not use this Site to seek, provide or obtain specific medical
advice, medical opinion, diagnosis or treatment as applied to
a patients particular condition or situation.
In addition, you agree that you are solely responsible for actions
and communications undertaken or transmitted under your account,
and that you will comply with all applicable local, state, national
and international laws and regulations, that relate to your
use of or activities on this Site. This Site is controlled and
operated in Germany. If you are in a jurisdiction which restricts
you from accessing this Site, do not access or use this Site.
3. Online Communications On and Through the Site.
Except as otherwise provided in section 4 below, you agree that
any communications you transmit to anyone through the Site or
copyrighted works you post on the Site, including, without limitation,
questions, comments, suggestions, ideas, plans, notes, drawings,
configurations, specifications, purchase orders, quotes or requests
for quotes, performance data, account information, or other
material, data or information (collectively, "Information"),
are non-confidential and upon transmission of such Information
to LMT via email or other means you grant to LMT an irrevocable,
non-exclusive, royalty-free, sublicensable, world wide license
(including but not limited to a copyright license) to use such
Information in any media for any purpose.
4. Privacy Policy.
You acknowledge and agree that LMT may
use the data collected in the course of our relationship for
the purposes identified in our Privacy Policy, which is incorporated
by reference as if fully set forth in these Terms of Use.
5. LMT Content, Product and Service Information
- Limitations.
All content available through the Site, including but not limited
to data, technical drawings, configurations, quote and order
information, and catalog listings is believed to be accurate.
However, you should independently evaluate the accuracy of the
information and the usefulness for your particular needs of
any content, product or service available through the Site.
Specifications for products and services are subject to change
without notice, and LMT reserves the
right to make changes without notice to processing, materials,
or configuration. All information on the Site is subject to
the disclaimers of section 7 below.
6. Links and Third Party Content.
Links to Other Web Sites. This Site may from time to time contain
links to other Web sites. These links are provided as a convenience
and do not constitute an endorsement, sponsorship or recommendation
by LMT of - or responsibility for - the
linked Web sites or any content, services or products available
on or through such sites.
Links from Other Web Sites. All links to this Site must be approved
by LMT.
Third Party Content. This Site may from time to time contain
material, data or information provided, posted or offered by
third parties. You agree that neither LMT
nor its affiliates shall have any liability whatsoever to you
for any such third party material, data or information.
7. Disclaimers.
THIS SITE AND THE CONTENT AVAILABLE THROUGH IT ARE PROVIDED
ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOU EXPRESSLY AGREE
THAT USE OF THIS SITE AND/OR ITS CONTENT IS AT YOUR SOLE RISK.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW,
LMT DISCLAIM ALL WARRANTIES OF ANY KIND,
WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY
WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE
OR NON-INFRINGEMENT. YOU EXPRESSLY AGREE THAT USE OF THIS SITE,
INCLUDING ALL CONTENT, DATA OR SOFTWARE DISTRIBUTED BY, DOWNLOADED
OR ACCESSED FROM OR THROUGH THE SITE, IS AT YOUR SOLE RISK.
YOU UNDERSTAND AND AGREE THAT YOU WILL BE SOLELY RESPONSIBLE
FOR ANY DAMAGE TO YOUR BUSINESS, YOUR COMPUTER SYSTEM OR LOSS
OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT, DATA
AND/OR SOFTWARE. YOU ACKNOWLEDGE THAT LMT
DOES NOT CONTROL INFORMATION, PRODUCTS OR SERVICES OFFERED BY
THIRD PARTIES THROUGH THE SITE. EXCEPT AS OTHERWISE AGREED IN
WRITING, LMT ASSUME NO RESPONSIBILITY
FOR AND MAKE NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY,
CURRENCY, COMPLETENESS, RELIABILITY OR USEFULNESS OF ANY ADVICE,
OPINION, STATEMENT OR OTHER CONTENT OR OF ANY PRODUCTS OR SERVICES.
LMT DOES NOT MAKE ANY WARRANTY THAT THIS
SITE OR ITS CONTENT WILL MEET YOUR REQUIREMENTS, OR THAT THIS
SITE OR ITS CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR
ERROR FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED. NOR
DOES LMT MAKE ANY WARRANTY AS TO THE
RESULTS THAT MAY BE OBTAINED FROM USE OF THIS SITE OR ITS CONTENT
OR AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY INFORMATION
OBTAINED THROUGH USE OF THIS SITE. LMT
ASSUMES NO RESPONSIBILITY FOR ANY DAMAGES SUFFERED BY A USER,
INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA FROM DELAYS, NONDELIVERIES
OF CONTENT OR EMAIL, ERRORS, SYSTEM DOWN TIME, MISDELIVERIES
OF CONTENT OR EMAIL, NETWORK OR SYSTEM OUTAGES, FILE CORRUPTION,
OR SERVICE INTERRUPTIONS CAUSED BY THE NEGLIGENCE OF LMT, ITS AFFILIATES, ITS LICENSORS, OR A USER'S
OWN ERRORS AND/OR OMISSIONS EXCEPT AS SPECIFICALLY PROVIDED
HEREIN, LMT DISCLAIMS ANY WARRANTY OR
REPRESENTATION THAT CONFIDENTIALITY OF INFORMATION TRANSMITTED
THROUGH THE SITE WILL BE MAINTAINED. NO ADVICE OR INFORMATION,
WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM LMT OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT
EXPRESSLY STATED IN WRITING. SOME STATES DO NOT ALLOW THE LIMITATION
OR EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS, SO SOME OF
THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.