TERMS OF USE

GENERAL INFORMATION AND WEB WEBSITE DISCLAIMER

This web Website (www.accesspointmedical.com) (the "Website") is provided as a service by Access Point Medical, Inc. ("Access Point Medical") to you. This Website provides general information about Access Point Medical, its products and related services and allows registered user access to purchase our products.  Reasonable efforts to include up-to-date and accurate information in this Website will be made by Access Point Medical.  Access Point Medical reserves the right to delete, modify, or supplement the content at any time for any reason without prior notification. Upon violation of the stated Terms of Use herein for this Website, Access Point Medical may terminate your use of the Website, bar you from future use of the Website, cancel your order, and/or take appropriate legal action against you.

THIS WEBSITE AND ALL INFORMATION PROVIDED ON THIS WEBSITE ARE PROVIDED "AS IS" AND WITHOUT ANY WARRANTIES, EXPRESS OR IMPLIED INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO REPRESENTATION IS BEING MADE AS TO THE TIMELINESS OF THE INFORMATION, NOR THAT IT WILL BE ERROR FREE. ACCESS POINT MEDICAL SHALL NOT BE LIABLE FOR DAMAGES OR INJURY RESULTING FROM ACCESS TO, OR INABILITY TO ACCESS, THIS WEBSITE, OR FROM ANY RELIANCE ON ANY INFORMATION PROVIDED AT THIS WEBSITE.

Access Point Medical shall be in no event liable for any direct, incidental, indirect, special or consequential damages whatsoever (including, but not limited to, lost profits, business interruption, loss of programs or other data on your information system) arising out of or related to any information contained in this Website, including any links, even if Access Point Medical has been advised, knew, or should have known of the possibility of such damages.

You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of this Website and not to take any action that imposes an unreasonable or disproportionately large load on our infrastructure. All users further agree not to use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained thereon, to access or capture data, or for any other unauthorized purpose without our prior express written permission of Access Point Medical. Finally, you may not duplicate, copy, reproduce, alter, modify, create derivative works, or publicly display any content (except for your own personal, non-commercial use) from this Website without the prior expressed written permission of Access Point Medical.

This Website contains information about products, which may or may not be available for use or sale in any particular country, and if applicable, may or may not have received approval or market clearance by a governmental regulatory body for different indications and restrictions in different countries. Each country has specific laws, regulations and medical practices governing the communication of medical or other information about medical products or related products on the Internet. Nothing herein should be construed as a solicitation or promotion for any product or for an indication for any product, which is not authorized, by the laws and regulations of the country where you reside.

 
Copyright

The contents of this Website including all text, graphics, logos, images, sounds, or other binary files that are "©Copyright 2005 Access Point Medical, Inc. All Rights Reserved."  The text, graphics, logos, images, sounds, or other binary files published on this Website are the sole property of Access Point Medical. Permission to print or otherwise distribute all or a portion of this Website is granted, provided that (1) a legend is affixed to any copies so printed or distributed, that the information contained therein indicates that the page or pages were copied from this Website; (2) the appropriate copyright notice, namely, "©Copyright 2005 Access Point Medical, Inc. All Rights Reserved" appears on all copies; (3) the use of the information is for non-commercial third party usage or personal information use only; (4) the information is not modified in any manner; and (5) no graphics or images from this Website are used separately from the accompanying text.

Permission to copy and distribute the textual information contained in this Website is hereby granted for non-commercial offline use only. All graphics, images and text used on this Website are owned or licensed by Access Point Medical for use by Access Point Medical only. Unauthorized use is prohibited. Any use of the information contained in this Website publicly or for advertising by entities other than Access Point Medical is prohibited without the prior express written permission of Access Point Medical. Nothing contained herein shall be construed as conferring any right or license to any intellectual property owned or licensed by Access Point Medical.
 
Any claims of copyright infringement for graphics, images and text which are believed to be illegally residing on Access Point Medical's Website, should be promptly sent in the form of written communication pursuant the Digital Millennium Copyright Act to:

WebMaster 
Access Point Medical, LLC. 
PO Box 411783 
St. Louis, MO 63141

Phone: 877-276-4463
Fax: 888-875-1535
Email: info@accesspointmedical.com

All claims must include the following information:

• Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single on-line Website are covered by a single notification, a representative list of such works; 
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the allegedly infringing material; 
• Information reasonably sufficient to permit the service provider to contact the sender, such as an address, telephone number, and if available, an electronic mail address at which the sender may be contacted; 
• A statement that the sender has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and 
• A statement that the information in the notification is accurate, and under penalty of perjury, that the sender is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and
• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Trademarks

ACCESS POINT MEDICAL and the ACCESS POINT MEDICAL logo and all other product names, trade names, service names, tag lines, or logotype distinguished in form, text, or otherwise from surrounding text (e.g. all capital letters), (collectively, "Marks") are trademarks owned by or licensed (in fact or implied) to Access Point Medical unless otherwise noted.

The Marks on this Website are variously protected by the laws of the United States and other countries of operation foreign to the United States. Except for the sole purpose of identifying the products or related services originating from Access Point Medical, no use of any of these Marks may be made without the prior, written authorization of Access Point Medical and any other use or misuse of these Marks is expressly prohibited.

Linking

You may not link to this website without our written permission.  Any unauthorized links or any approved links which thereafter contain infringing or dilutive content or obscene, defamatory or disparaging content will be terminated automatically without notice. Any links or references provided to other websites are provided by Access Point Medical merely as a convenience to users of this Website. Such links to other websites should in no way be construed as an endorsement, representation(s) or promotion by Access Point Medical as to the content, representations, accuracy, products or services found or otherwise described in such other web Websites. Access Point Medical has not reviewed all of these websites that may be linked to its Website. Access Point Medical does not endorse, nor is it responsible for the content of, any linked websites. Therefore, use of any linked websites is done at your own risk. 

The use of this Website and any sales made hereunder or in connection herewith shall be governed by the laws of the State of New York, without regard to its conflict of laws provisions.