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MOMENTUM HEALTHWARE, INC. WEBSITE TERMS OF USE
Momentum Healthware, Inc. ("Momentum" or "we") provides users with access to this website (the "Site") subject to the to these Website Terms of Use (the "Terms of Use"). By accessing and using this Site, you agree to be bound by these Terms of Use. Momentum reserves the right, in its sole discretion, to modify, alter or otherwise update these Terms of Use at any time without further notice and by your continued use of this Site, you agree to be bound by such modifications, alterations or updates.
1. Copyright
The Site, including all content and functionality (including without limitation text, graphics, logos, icons, photographs, illustrations, images, audio clips and video clips, and the selection and arrangement thereof) (the "Site Content") are the exclusive property of Momentum and its licensors and is protected by Canadian and international copyright laws.
The Site Content may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way without the prior written consent of Momentum, except as expressly provided in these Terms of Use. Modification of the Site Content or use of the Site Content for any other purpose is a violation of Momentum's copyright therein and is strictly prohibited.
2. Trade-marks
The trade-marks, service marks, designs and logos (collectively the "Trade-marks") displayed on the Site, whether registered or unregistered, are the trade-marks of Momentum and may not be used or reproduced without the prior written consent of Momentum. For greater certainty, you agree that you will not refer to or attribute any information to Momentum (including on any public medium such as press releases or websites) and that you will not imply any endorsement by or relationship with Momentum without Momentum's prior written consent.
3. Use of Materials
Momentum hereby grants you a revocable, non-exclusive, non-transferable license to access and download, display and print one copy of the Site Content on any single computer solely for your internal business use. All copyright and other proprietary notices must be retained on the Site Content at all times. Please note that the Site Content may not otherwise be copied, reproduced, modified, distributed, transmitted, posted or disclosed without Momentum's prior written consent.
4. Restrictions
User shall not:
a. violate any applicable local, state/provincial, national or international statute, regulation, or law;
b. upload, post, use, or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, or content that could otherwise be considered to be objectionable;
c. impersonate or use the identity of another person or organization, or falsely state or otherwise misrepresent user’s affiliation with a person or organization;
d. engage in any activities or manipulate identifying material to misrepresent the origin of content;
e. upload, post, use, or otherwise make available any content that is subject to any disclosure restrictions;
f. upload, post, use, or otherwise make available any materials, items, information or content that infringes or otherwise violates any patent, copyright, trademark, or any other proprietary rights;
g. upload, post, use or otherwise make available any unsolicited or unauthorized advertising or promotional materials, including without limitation, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
h. upload, post, use or otherwise make available any material that contains software viruses or any other corrupt computer code, files or programs that impair the use of any computer software or hardware or telecommunications equipment;
i. interfere with or otherwise limit the use of this Site by other users; or collect, compile, or store personal information about other users of this Site;
j. collect or store personal data about other users; or
k. use this Site for commercial purposes.
5. Linked Sites
Momentum may provide links to other third-party websites, and Momentum is not responsible for the content, accuracy or opinions expressed on such third-party websites, and such websites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked website on the Site does not imply approval or endorsement of the linked website by Momentum. Momentum makes no representations or warranties about the security of any link. If you decide to leave our Site and access these third party sites, you do so at your own risk. Please note that use of third party websites may be governed by such third parties' terms of use and privacy policies.
6. Personal Information
Momentum may collect, use and disclose certain personal information provided to it during the course of your use of the Site, or your request for certain products or services. Momentum will collect, use and disclose personal information in accordance with its Privacy Policy which is incorporated hereto and forms part of these Terms of Use.
7. Product and Services Availability
The availability of products and services described on this Site, and the product descriptions, may vary from country to country. Please contact us for specific product and services information. Nothing in these Terms of Use or in any description of products or services shall constitute a representation or warranty with respect to such products or services.
8. Non-transferable
Any rights granted to you under these Terms of Use are not transferable.
9. Disclaimer
THE CONTENT AND FUNCTIONALITY ON THE SITE IS PROVIDED ON AN "AS IS" BASIS, AND ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTIES AS TO OWNERSHIP, ACCURACY OR ADEQUACY OF THE SITE CONTENT). MOMENTUM DOES NOT WARRANT THAT THE SITE WILL BE ERROR FREE OR THAT USE WILL BE UNINTERRUPTED. MOMENTUM SHALL HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY INFORMATION PROVIDED ON LINKED WEBSITES OR IN ANY INFORMATION PROVIDED BY THIRD PARTIES. NEITHER MOMENTUM NOR ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR THOSE OF ITS AFFILIATES, SHALL BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OR FOR LOST REVENUES OR PROFITS, WHETHER OR NOT MOMENTUM WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, ARISING FROM OR ATTRIBUTABLE TO USE OF THE SITE OR THE INFORMATION PROVIDED HEREON.
Under no circumstances shall Momentum’s aggregate liability to you in connection with the Site exceed Five Dollars (Canadian) ($5.00 Canadian).
10. Indemnification
User and user’s successors and assigns shall indemnify, defend, and hold harmless Momentum and its successors and assigns from and against and in respect of any and all third party claims, demands, losses, costs, expenses, obligations, liabilities, damages, recoveries, and deficiencies, including interest, penalties, and reasonable attorneys' fees that it shall incur or suffer which relate to your use of this Site, your failure to perform any of your obligations under these Terms of Use, or your breach of any of your representations or warranties made under these Terms of Use.
11. Miscellaneous
In order to use the Site, all users must be of the age of majority. This Agreement shall be governed and construed in accordance with the laws of the Province of Manitoba and Canada applicable hereto, and the parties hereby irrevocably attorn to the jurisdiction of the Courts of Manitoba with respect to any dispute relating hereto.
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