These Terms of Use (the "Terms") govern your use of the EnlivenHealth® Inc. ("EnlivenHealth®") website located at http://www.enlivenhealth.co (the "Website").
THE TERMS ARE A LEGALLY BINDING CONTRACT BETWEEN YOU AND ENLIVENHEALTH® AND USE OF THE WEBSITE OR ANY APPLICATIONS OFFERED BY ENLIVENHEALTH® CONSTITUTES ACCEPTANCE OF THE TERMS. PLEASE READ THESE TERMS CAREFULLY. BY ACCESSING, BROWSING OR USING THE WEBSITE OR ANY APPLICATIONS OFFERED BY ENLIVENHEALTH®, YOU REPRESENT (1) THAT YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH ENLIVENHEALTH®, AND (2) YOU HAVE THE AUTHORITY TO ENTER INTO THE TERMS PERSONALLY OR ON BEHALF OF AN INDIVIDUAL YOU REPRESENT. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, YOU MAY NOT ACCESS OR USE THE WEBSITE.
1. Not Intended As Medical Advice. The information on the Website is not intended or implied to be a substitute for professional medical advice, diagnosis or treatment. All content, including text, graphics, images and information, contained on or available through the Website is for general information purposes only. EnlivenHealth® makes no representation and assumes no responsibility for the accuracy of information contained on or available through the Website, and such information is subject to change without notice.
2. Privacy. EnlivenHealth®'s use and processing of your personal information are governed by our Privacy Policy. By using our services, you agree that EnlivenHealth®'s use and processing of your information will be governed by our Privacy Policy. Before agreeing to use our services, please read our Privacy Policy located here [ link to Privacy Policy].
3. License AND Ownership.
1. License. EnlivenHealth® grants you a personal, revocable, limited, non-transferable license to use the Website solely for your own personal use.
2. Ownership.Unless otherwise noted, all text, content and documents on the Website, and any names, logos, trademarks, service marks, brand identities, characters, trade names, graphics, designs, copyrights, trade dress, or other intellectual property appearing in and used to operate the Website, and the organization, compilation, look and feel, illustrations, artwork, videos, music, software and other works on the Website (the "Content") are owned by EnlivenHealth® (or its affiliates) or used with permission or under license from a third party (each an "Owner"), and are protected under copyright, trademark and other intellectual property and proprietary rights laws. As between EnlivenHealth® and you, all right, title and interest in and to the Content will at all times remain with EnlivenHealth® and/or the Owners. All brand names, product names, titles, slogans, logos, or service names and other marks used on the Website are registered and/or common law trade names, trademarks or service marks of EnlivenHealth® or the applicable Owner.
4. Use and Restrictions. You are permitted to use the Website and/or the Content for lawful purposes as provided in these Terms only. You shall not, without EnlivenHealth®’s express written consent: (i) copy, retransmit, modify, disseminate, sell, exploit, display, perform, reuse, re-post, broadcast, circulate, or otherwise distribute any part of the Content, in each case for any purpose other than for which the Website are being provided to you; (ii) use the Website to conduct, promote, or in any way facilitate any illegal activities; (iii) attempt to reverse engineer or jeopardize the correct functioning of the Website, or otherwise attempt to derive the source code of the software (including the tools, methods, processes, and infrastructure) that enables or underlies the Website; (iv) attempt to gain access to secured portions of the Website to which you do not possess access rights; (v) upload or transmit any form of virus, worm, Trojan horse, or other malicious code; (vi) use any high volume automatic, electronic or manual process to access, search or harvest information from the Website (including without limitation robots, spiders or scripts); (vii) interfere in any way with the proper functioning of the Website, or interfere with or disrupt any servers or networks connected to the Website, or disobey any requirements, procedures, policies or regulations of networks connected to the Website; (viii) mirror or frame the Website or any Content, place pop-up windows over its pages, or otherwise affect the display of its pages; (ix) use any trade name, trademark or brand name of ours in metatags, keywords, and/or hidden text; (x) create derivative works from the Content or commercially exploit any part of the Content in any way; (xi) use any portion of the Website or the Content in any manner that may give a false or misleading impression, attribution or statement as to us, the Owner or any other third party; or (xii) alter, remove, or obscure any copyright notice, digital watermarks, proprietary legends or any other notice included in the Content.
EnlivenHealth® reserves all other rights. Except as expressly provided herein, nothing on the Website shall be construed as conferring any license under EnlivenHealth®'s and/or its Owner's intellectual property rights, whether by estoppel, implication or otherwise. Notwithstanding anything herein to the contrary, EnlivenHealth® may revoke any of the foregoing rights and/or your access to the Website, or any part thereof, including the blocking of your IP Address, at any time without prior notice.
1. Feedback. While EnlivenHealth® appreciates your interest, we suggest that you do not submit any ideas to us, and we request that you never submit an idea or information that you consider to be confidential and/or proprietary. If you chose to submit any ideas, suggestions and/or proposals to EnlivenHealth® ("Feedback"), you hereby grant to EnlivenHealth® a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback.
2. Posting Guidelines. The Website includes various areas that enable you to post information, provide feedback, recommendations, reviews, and comments, and otherwise interact with other users, either through postings or by interacting in real-time (the "Community Forums"). With respect to any and all Community Forums, the following restrictions and obligations apply.
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o EnlivenHealth® shall have the right, but not the obligation, to monitor or review any Community Forum at any time for any readily apparent violation of these Terms or illegal content defined as content that conducts, promotes, or in any way facilitates illegal activity. Notwithstanding the foregoing, you acknowledge that EnlivenHealth® is under no obligation to edit or modify any information available in a Community Forum or decide any dispute or disagreement between posters and shall have no liability to you for any content posted in a Community Forum.
• You acknowledge that any opinions, statement, recommendation, offers, advice or other information presented or disseminated on the Community Forums are those of their respective authors who are solely responsible and liable for their content. EnlivenHealth® reserves the right, in its sole discretion, to refuse to post or remove any material submitted or posted on the Community Forums.
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o By using the Website, you grant EnlivenHealth® an unlimited, perpetual, royalty-free, sub-licensable, transferable and irrevocable license to use, modify, or adapt the submissions for any purpose whatsoever, including but not limited to incorporating the submission into Content that may be commercial in nature.
• You are expressly prohibited from submitting any of the following types of content in any Community Forum:
o Any content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, racially offensive, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
o Any content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law, including, without limitation, material that depicts child-pornography, acts of violence, drug use or would violate the regulations of the U.S. Securities and Exchange Commission or any rules of a securities exchange such as the New York Stock Exchange, the American Stock Exchange or the NASDAQ;
o Any content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
o Any content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
o Unsolicited promotions, political campaigning, advertising or solicitations;
o Private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
o Viruses, spyware, trojans, corrupted data or any other harmful, disruptive or destructive files; or
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Any content that in our sole judgment is inappropriate or objectionable or which restricts or inhibits any other person from using or enjoying the Website, or which may expose EnlivenHealth® or any Owners or other users to any harm or liability of any type.
2. Disclaimers. Without limiting the foregoing, the Content and all other features on the WEBSITE are provided to you "AS IS" and "AS AVAILABLE" without warranty of any kind with respect to the WEBSITE and/or Content, either express or implied, including but not limited to, fitness for a particular purpose, title, or non-infringement. Should applicable law not permit the foregoing exclusion of express or implied warranties, then EnlivenHealth® hereby grants the minimum express or implied warranty required by such applicable law. No advice or information, whether oral or written, obtained by you from EnlivenHealth®, its employees, agents, suppliers or any other persons shall create any warranty, representation or guarantee not expressly stated in this section. Additionally, EnlivenHealth® does not make any warranties that the SERVICE will be uninterrupted, secure or error free or that your use of the SERVICE will meet your expectations, or that the WEBSITE, Content, or any portion thereof, is correct, accurate, or reliable. EnlivenHealth® reserves the right to change any part of the WEBSITE at any time without notice.
3. Limitation of Liability. Your use of the WEBSITE is at your own risk. Neither EnlivenHealth®, its affiliates, nor any of their respective officers, directors, agents or other representatives will be liable for any damages, direct, indirect, incidental, consequential, special, or punitive, including, without limitation, loss of data, income, profit or goodwill, loss of or damage to property and claims of third parties arising out of your access to or use of the WEBSITE or arising out of any action taken in response to or as a result of any Content or other information available on the WEBSITE, however caused, whether based on breach of contract, tort (including negligence), proprietary rights infringement, product liability, violation of data privacy or security laws or regulations, or otherwise. The foregoing shall apply even if EnlivenHealth® was advised of the possibility of such damages. If you become dissatisfied in any way with the Website, THESE Terms, or ITS Privacy Policy, your sole and exclusive remedy is to stop your use of the WEBSITE. You hereby waive any and all manner of actions and claims whatsoever whether past, present, or future, actual or contingent against EnlivenHealth® and its affiliates, agents, representatives and licensors arising out of your use of the WEBSITE and your acceptance of the Terms and Privacy Policy. Because some states do not allow the disclaimer of implied warranties or the exclusion or limitation of certain types of damages, these provisions may not apply to you. If any portion of this limitation on liability is found to be invalid or unenforceable for any reason, then the aggregate liability of EnlivenHealth® and its affiliates shall not exceed one hundred dollars ($100). The limitation of liability herein is a fundamental element of the basis of the bargain and reflects a fair allocation of risk. The WEBSITE would not be provided without such limitations and you agree that the limitations and exclusions of liability, disclaimers and exclusive remedies specified herein will survive even if found to have failed in their essential purpose.
4. Links. The Website may contain links allowing you to leave the Website for other sites that are not under our control ("Linked Site"). EnlivenHealth® provides the linked sites to you only as a convenience and does not endorse any Linked Sites. EnlivenHealth® is not responsible for the contents or transmission of any Linked Site or any link contained in a Linked Site or for ensuring that the Linked Sites contain no errors or viruses. EnlivenHealth® is not responsible for the terms of use or privacy practices of the Linked Sites or any link contained in the Linked Sites. Your linking to any Linked Site or any other off-site page or other site is entirely at your own risk. EnlivenHealth® encourages you to carefully read the policies of each site you visit.
5. United States Only. By using the Website, you agree and acknowledge that it is hosted in the United States. If you are attempting to access the Website from a physical location within the European Union, Asia, or any other region with laws or regulations governing personal data collection, use, and disclosure that differ from United States laws, please be advised that through your continued use of this Website, which is governed by U.S. law, these Terms, and the EnlivenHealth® Privacy Policy, you are transferring your personal information to the United States and you consent to (1) such transfer, (2) the application of the laws of the United States and/or the State of California with respect to any dispute arising from or related to the Privacy Policy and/or your use of the Website, other than such rules, regulations, case law, and/or international treaties that would result in the application of the laws of a jurisdiction other than the United States or the State of California, and (c) the exclusive jurisdiction of the courts of the United States and the State of California. Any claim or dispute between you and EnlivenHealth® that arises in whole or in part from your use of the Website or in connection with the Privacy Policy shall be decided exclusively by a court of competent jurisdiction located in Santa Clara County, California U.S.A. Each party hereby agrees that such court shall have in personam jurisdiction and venue with respect to such party, and each party hereby submits to the in personam jurisdiction and venue of such courts and waives any objection based on inconvenient forum. Regardless of these provisions, EnlivenHealth®'s use and processing of data obtained from users located within the European Union on or after May 25, 2018 will be governed by the General Data Protection Regulation (GDPR).
6. Assignment. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by EnlivenHealth® without restriction.
7. Changes to These Terms. PLEASE NOTE THAT the Terms are subject to change by ENLIVENHEALTH® in its sole discretion at any time. When changes are made, EnlivenHealth® will make a new copy of the Terms available on the Website. We will also update the "Last Updated" date at the bottom of these Terms. Any changes to the Terms will be effective immediately for new users of the Website and will be effective thirty (30) days after posting notice of such changes on the Website for existing users. EnlivenHealth® may require you to provide consent to the updated Terms in a specified manner before further use of the Website is permitted. If you do not agree to any change(s) after receiving a notice of such change(s), you shall stop using the Website. Otherwise, your continued use of the Website constitutes your acceptance of such change(s). PLEASE REGULARLY CHECK THE WEBSITE TO VIEW THE THEN-CURRENT TERMS.
8. Termination. EnlivenHealth® may cancel, suspend or block your use of the Website without notice if there has been a violation of these Terms. Your right to use the Website will end once your registration is terminated, and any data you have stored on the Website may be unavailable later, unless EnlivenHealth® is required to retain it by law. You may terminate your registration at any time. EnlivenHealth® is not responsible or liable for any records or information that is made unavailable to you as a result of your termination of registration. YOU AGREE THAT ENLIVENHEALTH® WILL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY TERMINATION OF YOUR ACCESS TO THE WEBSITE OR SERVICE. Any limitations on liability that favor EnlivenHealth® will survive the expiration or termination of these Terms for any reason.
9. Procedure for Making Claims of Copyright Infringement. EnlivenHealth® is committed to respecting and protecting the legal rights of copyright owners. As such, EnlivenHealth® adheres to the following notice and take down policy, in full compliance of Section 512(c)(3) of the DMCA (17 U.S.C. § 512 et seq.). If you believe that your work has been copied and posted on the Website in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of the location on the EnlivenHealth® Website of the material that you claim is infringing; (4) your address, telephone number and e-mail address; (5) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and (6) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Contact information for the EnlivenHealth®’s Copyright Agent for notice of claims of copyright infringement is as follows: EnlivenHealth® Marketing Department, 4220 North Freeway, Fort Worth, TX 76137.
10. Questions, Complaints, Claims. If you have any questions, complaints or claims with respect to the Website, please contact us at: wrt@omnicell.com. We will do our best to address your concerns. If you feel that your concerns have been addressed incompletely, we invite you to let us know for further investigation.
11. Miscellaneous. The Terms and any action related thereto will be governed and interpreted by and under the laws of the State of California, without reference to conflicts of law principles. EnlivenHealth®'s failure to enforce any provision of these Terms shall not be deemed a waiver of such provision nor of the right to enforce such provision. If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law, including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms shall continue in effect. A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. All contracts completed electronically will be deemed for all legal purposes to be in writing and legally enforceable as a signed writing.