The company reserves the right to change, suspend, or discontinue the site (including, but not limited to, the availability of any feature, database, services or content) or any part thereof, at any time for any reason. The company may also impose limits on certain features and services or restrict access to parts or all of the services of the site without notice or liability.
(B) Intellectual Property Notice
1. This website is the exclusive property of Witmer Health Technologies. All the contents, documents, information and database included on the site, including without limitation to such as text, graphics, images, logos, button icons, images, audio clips, video clips, digital downloads, data compilations, source code, reprographics, demos, patches, other files and software), is owned, controlled or licensed by or to Witmer and may be protected as copyright, database rights, trade mark, intellectual property law and other proprietary rights.
2. The wordmark ‘Witmer’, the stylised corporate Logo, and the brand device (represented by the stylised “W” and a dot), on the site are the trademarks owned by Witmer Health Technologies, which also includes any all other graphics, logos, page headers, taglines, button icons, scripts and service names The said trademarks may not be used in connection with any product or service that is not in any manner connected or provided by the company, or in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits the company.
3. All other trademarks not owned by Witmer that appear on the site, are the property of their respective owners, who may or may not be affiliated with or connected to Witmer and the company does not claim any right, interest or affiliation with such parties.
4. Nothing on the site or your use of any of the services shall be construed as conferring any licence or other rights under the intellectual property or other proprietary rights of Witmer Health, or any third party, whether implied or otherwise, save as expressly provided.
5. Any software, including codes or other materials that are made available to download from the site, is the copyrighted work of Witmer and/or its suppliers and affiliates. If you download software from the site, use of the software is subject to the license terms in the software license agreement that accompanies or is provided with the software. You may not download or install the software until you have read and accepted the terms of the applicable software license agreement. Without limiting the foregoing, copying or reproduction of the software to any other server or location for further reproduction or redistribution is expressly prohibited unless otherwise provided for in the applicable software license agreement in the case of software, or the express written consent of Witmer in the case of codes or other downloadable materials.
Users’ Comments and Information Collected
The Company does not assume any obligation to monitor the information that is posted on the site.
You warrant that any and all information, projects, files or other attachments sent to the company (‘Material’) or comments other than personal data, that you may transmit to the company through the website does not infringe intellectual property rights or any other applicable law. Such Material or comments, will be treated as non-confidential and non-proprietary. By submitting any information or material, you give the Company an unlimited and irrevocable license to use, execute, show, modify and transmit such material or comments, including any underlying idea, concept or know-how. The company reserves the right to use such Material and/or comments in any way it chooses.
(C) User Rules of Conduct
By using this site, you represent that you have read, accepted and are bound by the conditions contained in this Agreement. To assist the smooth functioning of this site, the company expects users of the site to follow a few basic guidelines (which form part of the Terms and Conditions for access and use of the site) as are acceptable for a user policy:
1. Unless with prior permission, no part of the site may be reproduced or transmitted to or stored in any other website, nor any of its pages or part thereof be disseminated in any electronic or non-electronic form, nor included in any public or private electronic retrieval system or service.
2. You have a limited permission to display, print or download extracts from these pages of the site for your personal, non-commercial and non-profit use only and you shall not be entitled to commercialise any such material or contents on the site in any way. Any other use or modification of the content of the site without the company’s prior written authorisation is prohibited. Framing this site or using our proprietary marks as meta tags by you or any person acting on your behalf, without our written consent is not permissible. Use of contact information provided on the site for unauthorized purposes, including marketing is prohibited. Any use intended to impede with the working of the site or to intercept any information from the site is prohibited.
3. You may not (whether directly or indirectly including through the use of any program) create a database in any form by downloading and storing all or any part of the pages from the site without a prior written consent from the company, save as expressly authorised by an agreement in writing between us, provided any copies of the pages of the site which you save to disk or to any other storage system or medium may only be used for subsequent viewing purposes or to print extracts for personal non-commercial or non-profit use.
4. You may not amend, republish, distribute, reproduce, adapt or modify any of the materials on the site or use any of the materials for public performance or otherwise make commercial use of the site or any materials located on it without the prior written consent of the company.
5. You cannot upload on the site or submit any content or otherwise distribute or publish through the site any matter or material which is or may be considered abusive, pornographic, illegal, defamatory, obscene, racist, threatening, harassing, deceptive, fraudulent, tortious; or which is otherwise unlawful, offensive, profane, or invasive of another’s privacy or designed to cause disruption to any computer systems or network. We shall be entitled without liability to the user and at our discretion to remove any such content from our server immediately.
6. You shall not directly or indirectly: (i) decipher, decompile, disassemble, reverse engineer, or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the site, except to the extent applicable laws specifically prohibit such restriction; (ii) modify, translate, or otherwise create derivative works of any part of the site; or (iii) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder. You shall abide by all applicable local, state, national, and international laws and regulations.
7. You shall not, and shall not permit any third party using your account to, take any action, or submit any content, that:
a. infringes any patent, trademark, trade secret, copyright, right of publicity, or other right of any other person or entity, or violates any law or contract;
b. you know is false, misleading, or inaccurate;
c. constitutes unsolicited or unauthorized advertising or promotional material or any junk mail, spam, or chain letters;
d. contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit, or interfere with the proper function of any software or hardware, or to damage or obtain unauthorized access to any system, data, password, or other information of the company or any third party;
e. is made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence; or
f. impersonates any person or entity, including any employee or representative of the company.
8. You shall not: (i) take any action that imposes or may impose (as determined by the company at its sole discretion) an unreasonable or disproportionately large load on the company or its third-party providers’ infrastructure; (ii) interfere or attempt to interfere with the proper working of the site or any activities conducted on the same; (iii) bypass any measures the company may use to prevent or restrict access to the site (or other accounts, computer systems, or networks connected to the same); (iv) run any form of auto-responder or “spam” on the site; or (v) use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the site.
9. No user shall post any message to the site which is in violation of the acceptable use policies in respect of the site. The company reserves the right to delete and remove all such postings.
10. The site cannot under any circumstances be used for commercial purposes by any user.
11. The company reserves and retains the right or ability to remove the availability or ability of users to post comments in the event of any breach of these acceptable use provisions.
12. The company will enforce appropriate sanctions against any of the users of the site who are responsible for abuse of the site. Such sanctions may include, but are not limited to (a) a formal warning, (b) suspension of access to the site or, (c) termination of any registration of the user with the site or its services.
(D) Applicable law – Severability
You agree to defend, indemnify, and hold harmless Witmer and each of its employees, contractors, directors, suppliers, and representatives from all liabilities, claims, and expenses, including reasonable attorneys’ fees and other legal costs, that arise from or relate to
a. your use or misuse or an unlawful or negligent act or omission of, or access to, the site and content, or otherwise from your user submissions;
c. infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. We reserve the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with the company in asserting any available defences.
(G) Electronic Deliver, Notice Policy and Your Consent
By using this site, you consent to receive from Witmer Health all communications including notices, agreements, legally required disclosures, or other information in connection with the site (collectively, “Contract Notices”) electronically.
(H) Entire Agreement