Terms of Use

Terms of Use

Information provided on this site is for informational purposes only and is not meant to substitute for the advice of your physician.

Please read these terms of service and conditions of use carefully before using this website. By using this website, you signify your consent to these terms of use in addition to any other law or regulation that applies to the website, the Internet, and/or the World Wide Web If you do not agree to these terms of service and conditions of use please do not use the website. We reserve the right, at our discretion, to change, modify, add, or remove portions of these terms at any time. Please check these terms periodically for changes. Your continued use of the Kadlec Medical Center website following the posting of changes to these terms (including the Kadlec Medical Center Privacy Policy and house rules will mean you accept those changes. IF YOU DO NOT AGREE TO THE TERMS OF SERVICE AND CONDITIONS OF USE STATED HEREIN, PLEASE IMMEDIATELY LEAVE THIS WEBSITE.

Copyright and Ownership

This website is owned and operated by Kadlec Medical Center and its affiliates. All of the content featured or displayed on this website, including, but not limited to, text, graphics, photographs, images, moving images, sound, illustrations and software ("Content"), is owned by Kadlec Medical Center, its licensors and/or its content providers. All elements of Kadlec Medical Center websites, including, but not limited to, the general design and the Content, are protected by trade dress, copyright, moral rights, trademark and other laws relating to intellectual property rights. This website, its Content and all related rights shall remain the exclusive property of Kadlec Medical Center or its licensors unless otherwise expressly agreed.

Restrictions on Use of Materials

Except as may be otherwise indicated in specific documents within the website, you are authorized to view, play, print, forward, and download documents, audio and video found on our website for personal, informational, and noncommercial purposes only. Except as permitted above, you may not modify any of the materials and you may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information or work contained on this website. Except as authorized under the copyright laws, you are responsible for obtaining permission before reusing any copyrighted material that is available on the website. For purposes of these terms, the use of any such material on any other website or networked computer environment is prohibited. You will not remove any copyright, trademark or other proprietary notices from material found on this website.

Corporate Identification, Site Content & Trademarks

All trademarks, service marks and trade names of Kadlec Medical Center used herein (including but not limited to: the Kadlec Medical Center name, the Kadlec Medical Center corporate logo, the Kadlec Medical Center Design, and the logo) are trademarks or registered trademarks of Kadlec Medical Center or its affiliates. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify Kadlec Medical Center trademarks in any way, including in advertising or publicity pertaining to distribution of materials on this website, without Kadlec Medical Center's prior written consent. The use of Kadlec Medical Center trademarks on any other website or network computer environment is not allowed. You may not use the Kadlec Medical Center trademarks as a "hot" link on or to any other website unless establishment of such a link is approved in advance.

Links to Third Parties

This website contains hyperlinks to other websites controlled by third parties. These links are provided solely as a convenience to you and do not imply endorsement by Kadlec Medical Center of, or any affiliation with, or endorsement by, the owner of the linked site. Kadlec Medical Center is not responsible for the contents or use of any linked site, or any consequence of making the link.

Fees

For all charges for any products and services sold on the website, Kadlec Medical Center will bill your credit card. In the event legal action is necessary to collect on balances due, you agree to reimburse Kadlec Medical Center for all expenses incurred to recover sums due, including attorneys fees and other legal expenses. You are responsible for purchase of, and payment of charges for, all Internet access services and telecommunications services needed for use of this website.

Risk of Loss

All items purchased from Kadlec Medical Center are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

Product Descriptions

Kadlec Medical Center and its affiliates attempt to describe its products as accurately as possible. Kadlec Medical Center does not, however, warrant that product descriptions are accurate, complete, reliable, current, or error-free. If a product offered by Kadlec Medical Center is not as described, your sole remedy is to return it in unused condition.

Returns

Within 30 days of receipt of your shipment, you may return your purchase to Kadlec Medical Center for any reason, for a full refund (we'll also refund the shipping cost if the return is a result of our error). We cannot exchange items unless they are defective or damaged. Items that are returned more than 30 days after delivery, are in unsellable condition, or are missing parts will be charged a restocking fee at our discretion. We cannot accept items returned after 60 days.

Forums and Public Communication

"Forum" means a chat area, bulletin board, or e-mail function offered as part of the Kadlec Medical Center online presence. You shall not upload to, distribute through, or otherwise publish through an Kadlec Medical Center website any content which is libelous, defamatory, obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise give rise to liability or violate any law. The forums shall be used only in a non-commercial manner. You must follow the house rules whenever you are using any Kadlec Medical Center website.

By uploading materials to any forum or submitting any materials to us, you automatically grant (or warrant that the owner of such materials has expressly granted) us a perpetual, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed throughout the universe.

Termination

These terms are effective until terminated by either party. You may terminate these terms at any time by destroying all materials obtained from any and all Kadlec Medical Center website(s) and all related documentation and all copies and installations thereof, whether made under the terms of these terms or otherwise. These terms will terminate immediately without notice from Kadlec Medical Center if in Kadlec Medical Center's sole discretion you fail to comply with any term or provision of these terms. Upon termination, you must destroy all materials obtained from this site and any and all other Kadlec Medical Center site(s) and all copies thereof, whether made under the terms of these terms or otherwise.

Disclaimer

Your use of and browsing of this website are at your own risk. EXCEPT AS OTHERWISE PROVIDED ABOVE, EVERYTHING ON THIS WEBSITE IS PROVIDED "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, OR NONINFRINGEMENT. KADLEC MEDICAL CENTER MAKES NO WARRANTIES OR REPRESENTATIONS REGARDING THE INFORMATION CONTAINED ON THIS WEBSITE, AND SPECIFICALLY DISCLAIMS ANY WARRANTY AS TO THE SUITABILITY, RELIABILITY, TIMELINESS OR ACCURACY OF THE INFORMATION CONTAINED ON THIS WEBSITE FOR ANY PURPOSE. KADLEC MEDICAL CENTER DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES SUCH MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. KADLEC MEDICAL CENTER DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT KADLEC MEDICAL CENTER) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

Indemnification

You agree to defend, indemnify and hold Kadlec Medical Center and any affiliated company or individual harmless from any and all liabilities, costs, and expenses, including reasonable attorneys' fees, related to any violation of these terms by you or your authorized users, or in connection with the use of the website or the Internet or the placement or transmission of any message or information on this website by you or your authorized users. Members of any membership area on any Company website are entirely responsible for maintaining the confidentiality of their password and account. Members are entirely responsible for any and all activities that occur under their account and agree to indemnify, defend, and hold harmless the providers for any liability or expense arising from such use or misuse. Members agree to immediately notify the providers of any unauthorized use of their account or any other breach of security known to them.

Limitation of Liability

IN NO EVENT SHALL KADLEC MEDICAL CENTER BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO, OR USE OF, THIS WEBSITE OR THE CONTENT THEREON, WHETHER IN A CONTRACT ACTION OR BASED ON NEGLIGENCE, OR OTHER TORT ACTION, OR ANY OTHER CLAIM WHATSOEVER, EVEN IF KADLEC MEDICAL CENTER OR A Kadlec MEDICAL CENTER AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL Kadlec MEDICAL CENTER'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE.

No Endorsement

You shall not use Kadlec Medical Center's name or any language, pictures or symbols which could, in Kadlec Medical Center's judgment, imply Kadlec Medical Center's endorsement in any (i) written or oral advertising or presentation, or (ii) brochure, newsletter, book, or other written material of whatever nature, without prior written consent.

Force Majeure

Neither Kadlec Medical Center nor you shall be responsible for damages or for delays or failures in performance resulting from acts or occurrences beyond their reasonable control, including, without limitation: fire, lightning, explosion, power surge or failure, water, acts of God, war, revolution, civil commotion or acts of civil or military authorities or public enemies: any law, order, regulation, ordinance, or requirement of any government or legal body or any representative of any such government or legal body; or labor unrest, including without limitation, strikes, slowdowns, picketing, or boycotts; inability to secure raw materials, transportation facilities, fuel or energy shortages, or acts or omissions of other common carriers.

Governing Law

This Website is created and controlled by Kadlec Medical Center in the State of Washington. These disclaimers, terms, and conditions of use are governed by the laws of the State of Washington. By using this website, you hereby consent to the exclusive jurisdiction and venue of courts in Benton County, Washington in all disputes arising out of or relating to the use of this Website. If any portion of these terms is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law to the greatest extent possible to reflect the original intentions of the parties, and the remainder of the provisions shall remain in full force and effect. Kadlec Medical Center's failure to insist upon or enforce strict performance of any provision of these terms shall not be construed as a waiver of any provision or right.

Additional Terms

Additional terms and conditions may apply to the purchase of product and other uses of this website. By using this website, you agree to such terms and conditions.

Entire Agreement

These terms and conditions are the entire agreement between the user and Kadlec Medical Center and supersedes any prior understandings or agreements (written or oral).

Copyright

All text, images, animation, videos, music, sounds, website design, graphics, text selections, arrangements, and all software are Copyright © 2003-2004, Kadlec Medical Center.