Terms of Service

Terms of Service for CAS Medical Systems, Inc.

This site is produced by CAS Medical Systems, Inc. (CASMED). These Terms of Service ("TOS") contain important information that governs our Site. Please read them carefully. CASMED provides the CASMED Site and related content and information (together referred to as the "Site") subject to your compliance with these Terms of Service. By using the Site, you agree to be bound by the terms and conditions set forth below, the CASMED Legal Notices, and the CASMED Privacy Policy. If you do not wish to be so bound, please exit the Site now.

Your sole recourse for dissatisfaction with the Site, or any content or information available on or through the Site, is to stop using the Site. CASMED reserves the right to amend the TOS from time to time by updating this page. Your continued use of the Site will indicate your acceptance of the revised TOS. Please bookmark this page and periodically review it for updates to ensure that you are familiar with the most current version of our TOS.

As used in these TOS, the term "Affiliates" refers to CASMED owners, subsidiaries, affiliated companies, suppliers, partners, sponsors, and advertisers, and includes without limitation all parties involved in creating, producing, and/or delivering the Site and/or its contents.

Intellectual Property Information

Copyright © 2007 CAS Medical Systems, Inc. All Rights Reserved. All material within the Site is the property of CASMED or its Affiliates. With the exception of a single, personal copy, you may not reprint, republish, resell, or redistribute these materials in any form or manner without the express written permission of the owner(s) of the material. CASMED and its Affiliates do not warrant or represent that your use of materials displayed on, or obtained through, the Site will not infringe the rights of third parties. Unless otherwise indicated, all trademarks or service marks (as applicable) listed on this Site are trademarks or service marks (as applicable) of CAS MEDICAL SYSTEMS or its licensors in the United States and other countries. All other trademarks are trademarks or registered trademarks of their respective owners. It is illegal to use any trademark, service mark, logo, and/or trade name of CASMED or its Affiliates without express permission. CASMED's trademarks or service marks may not be used in connection with any product or service that is not a product or service of CASMED, or in any manner that is likely to cause confusion among customers or that disparages or discredits CASMED.

Copyright Owners' Rights under the Digital Millennium Copyright Act Of 1998

The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes upon their rights under US copyright law. If you believe that materials hosted by CASMED infringe upon your copyright, you may request that the material be removed, or that access to it be blocked. If you believe that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send CASMED a counter-notice. Notices and counter-notices must meet statutory requirements imposed by the DMCA. Notices and counter-notices for the Site should be sent to: copyright@casmed.com. We suggest that you consult your legal advisor before filing a notice or counter-notice. Please be aware that there can be substantial penalties for false claims.

Information and Resources on the Site

While CASMED works hard to include accurate and up-to-date information in the Site, CASMED and its Affiliates: (a) make no warranties or representations as to the completeness, accuracy, currency, or availability of anything available (or intended to be available) on or through the Site; and (b) assume no liability or responsibility for any errors or omissions in the content of the Site (regardless of the cause) or for any resulting damages. If you do become aware of an error, please contact us using one of the forms provided in our "Contact Us" section. Content available through the Site often represents the opinions and judgments of a content provider or other entity not connected directly with CASMED. CASMED neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement made by anyone other than an authorized CASMED spokesperson acting in his/her official capacity.

Under no circumstances will CASMED or its Affiliates be liable for any loss or damage caused by your reliance on information obtained on or through the Site. It is your responsibility to evaluate the accuracy, completeness, or usefulness of any information, opinion, advice, or other content available on or through the Site. We strongly suggest you consult your own professional advisor(s) before relying on any advice or information you obtain on or through the Site.

Your use of the Site is at your own risk. Neither CASMED nor any of its Affiliates shall be liable for any direct, incidental, consequential, indirect, or punitive damages, whether under any contract, negligence, strict liability, or other theory, arising out of or in connection with: (a) your access to, or use of, the Site; (b) any products, services, information, activities, and/or materials available on or through the Site; (c) any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy found in or through the Site, regardless of its origin; (d) any breaches of security involving the Site or your account, or any lack of availability or operational problem of the Site; or (e) any viruses or other code that may affect your computer equipment or other property as a result of your use of the Site. Without limiting the foregoing, everything available on or through the Site is provided to you "AS IS," without warranty of any kind, either express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and noninfringement. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of these exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties. Any warranty that is provided in connection with any products, services, materials, or information available on or through the Site from a third party is provided solely by such third party, and not by CASMED or any of its Affiliates. In no event shall liability to you arising from any acts or omissions in connection with the Site exceed the fees paid by you to CASMED, if any, during the six-month period preceding the incident giving rise to the claim for damages.

Third Party Sites

Portions of the Site may include links to sites operated by third parties (i.e., sites not owned or operated by CASMED). Use of third party sites is at your own risk. CASMED makes no warranty of any kind in connection with any third party site or any information, products, services, or materials available on or through any third party site. CASMED and its Affiliates do not endorse, and shall not be liable in connection with any information or services available on or through any third party site. Third party sites may have their own agreements or policies governing use of their sites.

Visitor Conduct

You represent and warrant that your use of the Site will comply with any and all applicable local, state, and federal laws and regulations, and you are solely responsible for ensuring that your use of the Site is in compliance with such applicable laws or regulations. You agree not to restrict or inhibit any other user from using and enjoying the Site. This includes, without limitation: (a) using, or attempting to use, any account without the owner's permission; (b) obtaining or soliciting another person's password or other personal information under false pretenses; or (c) impersonating another user or otherwise misrepresenting yourself to CASMED, our Affiliates, the Site's systems, or other entities.

Interfering (or Attempting to Interfere) with the Operation of the Site

You represent and warrant that you will not interfere or attempt to interfere with the operation of the Site. This includes, without limitation: (a) interfering with, defeating, or circumventing many security function of the Site, or attempting to do so; or (b) accessing, or attempting to access, any portion of the Site that you are not authorized to access. Unauthorized access or an attempt to gain unauthorized access can subject you to civil and criminal penalties.

You further represent that you will not:

(a) Post, store, or transmit any unlawful, threatening, defamatory, obscene, inflammatory, pornographic, profane, or otherwise objectionable (as determined by CASMED) information or material, or any information or material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law;

(b) Post or transmit any advertising, promotion, or solicitation of goods or services for commercial purposes except in any areas of the Site specifically designated for such purposes;

(c) Misuse any e-mail function available on or through the Site; (this includes, without limitation: (i) sending unsolicited commercial e-mail to any account that causes complaints from the recipients, (ii) continuing to send commercial e-mail to a recipient if recipient has requested that you discontinue such communication, (iii) sending bulk emails, "spam" chain letters, "mail bombs," or other disruptive transmissions, or (iv) forging message headers or otherwise concealing an e-mail address or preventing others from responding to a message, or attempting to do so);

(d) Use the Site to post, store, or transmit any information or software that contains a virus, worm, Trojan horse, or other harmful or disruptive component;

(e) Use the Site to post, store, or transmit materials in violation of another party's copyright or other intellectual property rights; or

(f) Use the Site for any unlawful purposes; or modify, adapt, sublicense, translate, resell, retransmit, reverse engineer, decompile, or disassemble any portion of the Site.

You are solely responsible for determining whether any material you post, store, or transmit is subject to a third party's rights. CASMED may from time to time monitor or review public Site discussions, chats, postings, transmissions, bulletin boards, and the like. However, CASMED is under no obligation to do so and assumes no responsibility or liability arising from the content of any such locations. CASMED may keep archives of any or all public postings or submissions and retains the right to publish these on the Site and in other media. CASMED may refuse to post, or may remove at any time, any information or material, in whole or in part, that CASMED determines is unacceptable, offensive, or in violation of these TOS. CASMED will cooperate with law enforcement authorities or court orders directing CASMED to disclose the identity of anyone posting any such information or materials. CASMED may immediately terminate or limit without notice your use of all or portions of the Site and/or your account(s) in the event of any conduct by you that CASMED in its sole discretion, considers to be unacceptable, or in the event of any breach by you of these TOS. Such termination may occur without notice to you. CASMED may use anything (together with any ideas, concepts, know-how, or techniques contained therein) that you transmit or post to the Site or to CASMED in any manner, for any purpose, without credit or compensation.

Personal Information

You may be asked to supply certain personal information, which may include credit card or other payment information, to use certain parts of the Site. CASMED will treat all personal information as described in our Privacy Policy. All personal information that you provide must be accurate, complete, and current. Please note that while we request that the companies with which we do business observe the guidelines of our Privacy Policy, we cannot be responsible for what they do with personal information that you provide.

Further Terms

CASMED may at any time, without prior notice: (a) cancel your account, or deny or limit your access to all or portions of the Site, (b) change or eliminate any component of the Site, and (c) impose, remove, or change any fees or charges for use of the Site or any feature thereof.

Although CASMED attempts to ensure the listing of accurate and up-to-date prices, offers, and other information, we will not be responsible for typographical or other errors, regardless of their cause. Software available on or through the Site may be subject to United States Export Controls. No software from this Site may be downloaded or exported (a) into (or to a national or resident of) Cuba, Iran, Iraq, Libya, North Korea, Sudan, Syria, or any other country to which the United States has embargoed goods; or (b) anyone on the United States Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the software, you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country or on any such list.

You are solely responsible for maintaining the confidentiality of your account information and any password(s), and must immediately notify CASMED of any unauthorized use of your account. Although the Site may be accessible worldwide, not all products, services, or information referenced in the Site are available to all persons in all geographic locations or jurisdictions.

CASMED reserves the right to limit in its sole discretion, the availability of the Site and/or the provision and quantity of any product, service, and/or information to any person, geographic area, or jurisdiction it so desires. Any offer for any product, service, and/or information made in connection with the Site is void where prohibited by law. Nothing contained in these TOS shall be construed to limit the actions or remedies available to CASMED or its Affiliates with respect to any prohibited activity or conduct. Non-enforcement of any of these TOS does not constitute consent or waiver, and CASMED reserves the right to enforce such term at its sole discretion. You agree to indemnify, defend, and hold harmless CASMED, its officers, directors, shareholders, Affiliates, employees, and agents against any and all claims, damages, costs, or other expenses that arise directly or indirectly from: (a) your breach of this Agreement, (b) your activities in connection with the Site, or (c) any other matter for which you are responsible hereunder or under law.

Miscellaneous

These TOS shall be governed by the laws of the State of Connecticut exclusive of its choice of law rules, and without regard to the United Nations Convention on the International Sales of Goods. In any action to enforce this Agreement, the prevailing party will be entitled to costs and attorneys' fees. In the event that any provision of these TOS is held to be unenforceable, such provision shall be limited or eliminated to the minimum extent necessary to keep these TOS otherwise in full force and effect.

CAS Medical Systems, Inc. Terms of Service • May 2007