THE USER OF THIS SOFTWARE (referred to herein as “You” or Your”) UNDERSTANDS AND AGREES THAT CNS VITAL SIGNS LLC AND MATRIX MEDICAL COMMUNICATIONS LLC ARE NOT ACTING AS QUALIFIED HEALTH PROFESSIONALS OR MEDICAL PROVIDERS (“Provider”), AND THAT THE SOFTWARE IS AN INFORMATION PROCESSING TOOL ONLY
MMC/CNS grants you permission to access and use this Website for your personal, non-commercial purposes only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website, except as follows:
- Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
- You may store files that are automatically cached by your Web browser for display enhancement purposes.
- You may print or download reports from the Website for your own personal use.
You agree that you will not:
- Use the Website in any way that violates any applicable federal, state, local or international law.
- Use the Website to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by MMC/CNS, may harm MMC/CNS or users of the Website or expose them to liability.
- Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website.
- Use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
- Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.
- Use any device, software or routine that interferes with the proper working of the Website.
- Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website.
- Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
Otherwise attempt to interfere with the proper working of the Website.
This Website and all of its contents, features and functionality (including but not limited to the information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof) are the property of MMC/CNS and its licensees and other suppliers of such material and are protected by U.S. and international copyright, trademark and other intellectual property rights laws.
The MMC/CNS name and all related names, logos, product and service names, designs and slogans are trademarks of MMC/CNS or its affiliates or licensors. You must not use such marks without the prior written permission of MMC/CNS. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.
The information presented on this Website is not intended to be medical advice and should not be relied upon as such. If you suspect a health-related problem, MMC/CNS strongly urges you to consult with a qualified physician.
Disclaimer of warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the Internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. MMC/CNS WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER MMC/CNS NOR ANY PERSON ASSOCIATED WITH MMC/CNS MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER MMC/CNS NOR ANYONE ASSOCIATED WITH MMC/CNS REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE MMC/CNS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
MMC/CNS HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
Limitation on liability
IN NO EVENT WILL MMC/CNS, ITS AFFILIATES OR THEIR LICENSEES, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
Governing law and jurisdiction
Waiver and severability
Information MMC/CNS gathers and tracks
We gather the following information about users:
- Information that users provide through optional, voluntary submissions. This information may include personal information, such as your name, phone number, email address, state and zip code. We collect this information to respond to requests from users, customize our features for individual visitors who are MMC/CNS customers and to notify customers about updates to our site and products or services.
- Information that we collect automatically as you navigate the Website. This information may include usage details, IP addresses and information collected through tracking technologies such as cookies and web beacons. We do not track what individual users read, but rather how well each page performs overall. We collect this information in order to determine how to create the best experience for our customers.
Use of personal information
MMC/CNS strictly protects the security of your personal information and honors your choices for its intended use. We disclose your information to no third parties unless it is specifically stated otherwise. We may use third party contractors to help us operate our business and the sites or administer activities on our behalf, and may share your personal information with these contractors for those limited purposes. MMC/CNS uses your information solely to fulfill services, transact a purchase, and help MMC/CNS improve our website and product offering to you. Notwithstanding any other provision to the contrary, MMC/CNS reserves the right to cooperate with local, state and federal officials in any investigation relating to any purported illegal activity(ies) and, when required by law, regulation, legal process or government requests, to disclose any personal information furnished by you or collected by MMC/CNS to law enforcement authorities or other relevant or related third parties.
Some of the features on this Website allow you to communicate with us using an online form. If your communication requests a response from us, MMC/CNS may send you a response via e-mail. The e-mail response or confirmation may include your personal information, including your name, address, etc. MMC/CNS cannot guarantee that our e-mails to you will be secure from unauthorized interception.
Accessing and correcting your information
You may contact us if you wish to view, edit, or delete your personal information from our database, and MMC/CNS will use commercially reasonable efforts to accommodate your request. You may also contact MMC/CNS if you believe that any inaccurate or inappropriate information has been obtained or provided to others through your use of this Website.
Refunds and Cancellations
No Refunds. PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR COMPLETED TESTS, COMPLETED TESTS WITH INVALID RESULTS, OR FAILURE TO COMPLETE THE TEST WITHIN THE 7 ALLOTTED DAYS. At any time, and for any reason, we may provide a refund, discount, or other consideration to a customer. The amount and form of such refunds, and the decision to provide them, are at our sole and absolute discretion. The provision of a refund in one instance does not entitle you to a refund in the future for similar instances, nor does it obligate us to provide refunds in the future, under any circumstance.
Your California privacy rights
California Civil Code § 1798.83 permits our visitors who are California residents to request certain information regarding our disclosure of personal information to third-parties for their direct marketing purposes. To make such a request, please contact us and indicate whether you are a California resident.
California law requires us to let you know how MMC/CNS responds to web browser “Do Not Track” signals. Our Website does not currently support “Do Not Track” codes. That is, Starkey does not currently respond to or take any action with regard to “Do Not Track” requests.
Users outside of the U.S.
Your information may be stored and processed in the United States or any other country in which MMC/CNS or its affiliates, subsidiaries or agents maintain facilities. Your information may be processed in countries with different data protection standards than your country of residence. By using this site and providing MMC/CNS with your personal information, you agree that you have read this policy and consent to any transfer, processing or storing of your information outside of your country of residence.
Consistent with the Federal Children’s Online Privacy Protection Act of 1998 (COPPA), we will never knowingly request personally identifiable information from anyone under the age of 18 without requesting parental consent.
Cookies and other automatic data collection technologies
As you navigate through and interact with our Website, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions and patterns, including:
- Details of your visits to the Website, including traffic data, location data, logs and other communication data and the resources that you access and use on the Website.
- Information about your computer and internet connection, including your IP address, operating system and browser type.
Links to other websites and services
The MMC/CNS Websites may contain links to other sites that are not under our control. These Websites have their own policies regarding privacy. You should review those policies when visiting the Websites. MMC/CNS has no responsibility for linked websites and is not responsible for the content of any such site. MMC/CNS provides these links solely for the convenience and information of our visitors.
MMC/CNS operates secure data networks protected by industry standard firewall and password protection systems. MMC/CNS security and privacy policies are periodically reviewed and enhanced as necessary and only authorized individuals have access to the information provided by our customers. Unfortunately, the transmission of information via the Internet is not completely secure. Although MMC/CNS attempts to protect your personal information, MMC/CNS cannot guarantee the security of your personal information transmitted to the Website. Any transmission of personal information is at your own risk.
Last updated: January 2016