The Direct Infusion web site (the “Site”) is owned and provided by Direct Infusion from its office in Pennsylvania. The Site is provided for your personal information and non-commercial use. Please feel free to browse the Site. However, your access to and use of the Site is subject to the following terms and all applicable laws:
The Site contains, or may from time to time contain, information and material, including, but not limited to, text, software, photos, video, graphics and audio (collectively “Materials”) which are derived in whole or in part from information and materials supplied by Direct Infusion and other sources, and are protected by international copyright, trademark and other laws. The entire content of the Site is copyrighted as a collective work under the United States Copyright Laws. Direct Infusion owns the copyright in the overall selection, coordination, arrangement and enhancement of such content, and owns the rights in, or license to use, the individual components of such content. Materials may not be copied, reproduced, republished, modified, uploaded, posted, transmitted or distributed in any way or decompiled, reverse engineered or disassembled, including but not limited to the text, images, audio and/or video, as well as any software (including but not limited to any images or files incorporated in or generated by the software or data accompanying such software), except that you may download one copy of the Materials on any single computer for your personal, non-commercial use only, provided you keep intact all copyright, trademark and other proprietary notices and make no change in or deletion of author attribution. This limited authorization is not a transfer of title in the Materials and by your use of the Site, you acknowledge that you do not acquire any license, ownership or other rights to the Materials. Modification of the Materials or use of the Materials for any other purpose is a violation of Direct Infusion’s or such other sources’ copyright, trademark and other proprietary rights and may violate other laws. The use of any such Materials on any other Web site or networked computer or environment is prohibited without Direct Infusion’s express written consent. If you breach any of these Terms, your authorization to use the Site automatically terminates and you must immediately destroy any downloaded or printed Materials.
Disclaimer.
The Site and Materials and related communications are provided “as is” without any representations or warranties, express or implied, of any kind. Some jurisdictions do not allow for the exclusion of implied warranties, so the above exclusions of implied warranties may not be applicable under certain circumstances. Under these circumstances, all other exclusions remain in force. Direct Infusion does not warrant the accuracy, reliability or completeness of any information contained on the Site, nor does it warrant or represent that any information may be suitable for use in any circumstance or application. By using the Site, you acknowledge that any reliance on any such Materials, advice, statements or information shall be at your sole risk. Direct Infusion assumes no responsibility and shall not be liable for any damages of any nature caused by your use of the Site. This express disclaimer includes damages caused by viruses, worms, trojans or any other computer software or anomaly that may infect, affect, or damage your computer hardware, software, memory or any other property of yours or others, as a result of your access to, use of, or browsing in the Site.
Third-Party Sites.
Direct Infusion may provide, as a convenience to you, links to Web sites operated by other entities and persons, but makes no representations whatsoever about any other Web site which you may access through this one. Any link to another Web site does not mean that Direct Infusion endorses or accepts any responsibility for the content, or the use of such Web site. If you use these sites, you do so at your own risk. Direct Infusion makes no warranty or representation regarding, and does not sponsor or endorse, any linked Web sites or the information or materials appearing thereon or any of products and services described therein. Furthermore, links to other Web sites do not imply that CheezMD is affiliated or associated with the owner of such site, or that any linked site is authorized to use any trademark, trade name, logo, or copyright of Direct Infusion.
Limitation of Liability.
Your use and browsing of the Site is at your risk. If you are dissatisfied with any of the Materials contained in the Site, or with any of these Terms, your sole and exclusive remedy is to discontinue accessing and using the Site. Under no circumstances will Direct Infusion, its suppliers or other third parties mentioned at, or involved in creating, producing, or delivering the Site be liable for any direct, incidental, consequential, indirect, special or punitive damages whatsoever (including without limitation, costs and expenses of any type incurred, lost profits, lost data or programs, and business interruption) arising out of your access to, use, inability to use, or the results of use of the Site or any Web sites linked to the Site, or any Materials contained at the Site or any or all such sites (including but not limited to those caused by or resulting from a failure of performance, error, omission, linking to other Web sites, interruption, deletion ,defect, delay in operation or transmission, computer virus, communication line failure, or destruction, unauthorized access to, alteration of, or use of any computer or system), whether based on warranty, contract, tort, negligence, strict liability, or any other legal theory and whether or not Direct Infusion was advised of the possibility of such damages.
Direct Infusion shall have no liability or responsibility for any acts, omissions, or conduct of any user or third party. Direct Infusion’s obligations and responsibilities regarding its products and services are governed solely by Direct Infusion’s terms and conditions of sale or license under which such products and services are sold or licensed.
Information Provided By You.
It has been and remains Direct Infusion’s policy not to accept or consider ideas, suggestions or materials other than those that Direct Infusion has specifically requested from you. Accordingly, Direct Infusion does not want you to, and you should not, send any confidential or proprietary information to Direct Infusion through the Site. Please note that any unsolicited information or material sent to Direct Infusion will be deemed not to be confidential or proprietary. By submitting information and material to the Site, you automatically grant to Direct Infusion (or warrant that the owner of such information and material has expressly granted to Direct Infusion a world-wide, royalty-free, perpetual, irrevocable, unrestricted, right and license to use, reproduce, display, perform, modify, adapt, publish, translate, transmit and distribute, or otherwise make available to others such information and material (in whole or in part and for any purpose) and/or to incorporate it in other works in any form, media, or technology now known or hereafter developed by or for Direct Infusion. You also agree that Direct Infusion is free to use any ideas, concepts, know-how, or techniques that you send to Direct Infusion via the Site for any purpose.
As further provided above, Direct Infusion does not want to receive, and you are deemed to covenant and agree through the use of the Site not to provide, any information or materials to Direct Infusion that are defamatory, threatening, obscene, harassing, in violation of any law, governmental requirements or otherwise unlawful, or that incorporate the proprietary information or materials of another person or entity without its consent or permission. You shall not upload, post or otherwise make available on the Site any information and material protected by copyright, trademark or other proprietary right without the express written permission of the owner of such right(s). You shall be solely liable for any damages resulting from any infringement of copyright, proprietary rights, or any other harm resulting from such a submission.
Changes.
Direct Infusion reserves the right, in its sole discretion, to revise these Terms at any time and correct any errors or omissions in any portion of the Site and Materials. Materials may also be changed, modified, added, or removed and updated without notice at any time; however, Direct Infusion is under no obligation to update Materials. Direct Infusion may also make changes in the products, services, programs, or prices (if any) described in the Site at any time without notice. Your continued use of the Site after any change Direct Infusion makes to the Site will be considered acceptance of those changes. You should revisit these Terms from time to time to review the then-current Terms because they are binding on you.
International Users.
The Site is administered by Direct Infusion from its office in the United States of America. Materials published at the Site may refer to products, programs, or services that are not available in your country. Please contact Direct Infusion in this regard. Furthermore, Direct Infusion makes no representation that the Materials at the Site are appropriate or available for use at other locations outside of the United States and access to them from territories where their contents are illegal is prohibited. You may not use the Site or export information and materials in violation of the export laws of the United States or any other country. If you access the Site from a location outside of the United States, you are responsible for compliance with all applicable laws.
Governing Law.
These Terms shall be governed by the laws of the state of Pennsylvania, United States of America, without giving effect to any principles of conflicts of law. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. These Terms constitute the entire agreement between Direct Infusion and you with respect to your use of the Site. Any cause of action you may have with respect to your use of the Site must be commenced within six (6) months after the claim or cause of action arises.