Terms of Use

Updated: August 20, 2019

Please read these Terms of Use ("Terms", "Terms of Use") carefully before using the Vitalware website (the "Site") operated by Vitalware, LLC ("us", "we", or "our"). If you have signed a separate Master Services Agreement, License Agreement, or other master agreement, the terms of such agreement will govern and supersede these Terms of Use. For the purposes of these Terms of Use, “you and your” includes, individually and collectively, you (the User or Client) and any individual, affiliate, employee, or user that accesses the Site.

Your access to and use of the Site is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to any visitors, users and others who access or use the Site.

By accessing or using the Site you agree to be bound by these Terms. If you do not agree with any part of these terms, then you do not have permission and may not access the Site.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. When any material revision is made, we will provide notice on this Site of any new terms taking effect and the effective date of such change. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use this Site after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, then you do not have permission and may not access the Site.

Intellectual Property

The Site and its original content, features, and functionality are and will remain the exclusive property of Vitalware, LLC and its licensors. The Site and any service provided through the Site is protected by copyright, trademark, and other laws of the United States. You acknowledge and agree that you will not reproduce, redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, create derivative works of, reverse engineer, sublicense, capture, download, save, upload, print, or otherwise transfer or retain information or content available on the Site without the prior written permission of Vitalware, LLC. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Vitalware, LLC.

Links To Other Web Sites

Our Site may contain links to third-party web sites or services that are not owned or controlled by Vitalware, LLC. Vitalware, LLC has no control over and assumes no responsibility for the content, privacy policies, or practices of any third-party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

You acknowledge and agree that Vitalware, LLC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third-party web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

Indemnification

You agree to defend, indemnify and hold harmless Vitalware, LLC and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, penalties, costs or debt, and expenses (including but not limited to reasonable attorney's fees), resulting from or arising out of your use and access of the Site, or any breach of these Terms.

Limitation Of Liability

In no event shall Vitalware, LLC, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Site; (ii) any conduct or content of any third party on the Site; (iii) any content obtained from the Site; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Disclaimer

Your use of the Site is at your sole risk. The Site is provided on an "AS IS" and "AS AVAILABLE" basis. The Site is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

Vitalware, LLC its subsidiaries, affiliates, and its licensors do not warrant that a) the Site will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Site is free of viruses or other harmful components; or d) the results of using the Site will meet your requirements.

Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability, so the limitations above may not apply to you.

Privacy Policy

Your privacy is important to us. Your use of this Site is subject to our privacy policy, which is hereby incorporated by reference. We may use information about you that we obtain either directly from you or that we obtain from your use of the Site in accordance with our Privacy Policy.

Governing Law

These Terms shall be governed and construed in accordance with the laws of the State of Washington, United States, without regard to its conflict of law provisions.

Any failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Site.

Contact Us

If you have any questions about these Terms, please contact us.