Terms

RESTIFFIC TERMS OF USE

Unless otherwise noted, all text, images, graphics, photographs, video clips, designs, icons, sounds, information, data and other materials (the “Content”) on Restiffic’s web site are copyrights, trademarks, service marks or other intellectual property or propriety rights owned or licensed by Restiffic.

You may use the Content only for limited, internal, noncommercial, informational purposes. You may print out a single copy of the Content solely for those purposes, if the copy bears all copyright, trademark, service mark and other intellectual property and proprietary notices displayed on the web page.

You may not distribute, publish, transmit, modify, create derivative works from, or in any way exploit, any of the Content, in whole or in part, for any purpose. Except as authorized in this paragraph, you are not being granted a license under any copyright, trademark, service mark, patent or other intellectual property or proprietary right in the content. Under no circumstances will you obtain any rights in the products, services, processes or technology described in the content. All those rights are retained by medi and any third party owners of those rights.

LINKS TO OTHER WEB SITES AND REFERENCES TO OTHER COMPANIES

References that we make to names, marks, products or services of third parties or hypertext links to third-party web sites or information do not constitute or imply our endorsement, sponsorship or recommendation of the third party. We do not monitor or control the content of any web sites linked to or from our web sites, and therefore we are not responsible for the content of any web sites linked to our site or the terms of use or privacy practices employed by those other sites. Content and liability disclaimer content on medi’s web site may include technical inaccuracies or typographical errors, and we are not responsible for any reliance you may place on the content. medi may make changes to the content and the products, services and programs described in the content at any time without notice.

DISCLAIMERS

YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE RESERVE THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE SITE OR ANY FEATURE OR PART THEREOF AT ANY TIME. medi EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES THAT MATERIALS ON THE SITE ARE NONINFRINGING, AS WELL AS WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING; THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE SITE WILL BE SECURE; THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE WILL BE VIRUS-FREE; OR THAT INFORMATION ON THE SITE WILL BE COMPLETE, ACCURATE OR TIMELY.

IF YOU DOWNLOAD ANY MATERIALS FROM THIS SITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIALS.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM RESTIFFIC OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY OF ANY KIND. RESTIFFIC DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS ON THIS SITE IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE.

LIMITATION OF LIABILITY

YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE SITE. YOU ACKNOWLEDGE AND AGREE THAT ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR USE OF THE SITE MAY NOT BE SECURE AND MAY BE INTERCEPTED BY UNAUTHORIZED PARTIES.

YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SITE IS AT YOUR OWN RISK AND THAT THE SITE IS MADE AVAILABLE TO YOU AT NO CHARGE.

YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER medi NOR ITS AFFILIATES, SUPPLIERS OR THIRD PARTY CONTENT PROVIDERS WILL BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THE SITE, OR ANY OTHER SITE YOU ACCESS THROUGH A LINK FROM THIS SITE OR FROM ANY ACTIONS WE TAKE OR FAIL TO TAKE AS A RESULT OF COMMUNICATIONS YOU SEND TO US, OR THE DELAY OR INABILITY TO USE THE SITE, OR FOR ANY INFORMATION, PRODUCTS OR SERVICES ADVERTISED IN OR OBTAINED THROUGH THE SITE, RESTIFFIC’S REMOVAL OR DELETION OF ANY MATERIALS SUBMITTED OR POSTED ON ITS SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF RESTIFFIC, ITS AFFILIATES OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

THIS DISCLAIMER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUSES, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, YOUR LOSS OF PROFITS, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OR USE OF ANY RECORD OR DATA, AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS.

INDEMNIFICATION

You agree to indemnify Restiffic, its direct and indirect parent companies, subsidiaries, affiliated companies, employees, agents, attorneys, officers, directors, volunteers and shareholders (collectively, the “Affiliates”) and hold Restiffic and the Affiliates harmless from all claims asserted, costs, expenses, judgments and liability (including attorneys’ fees and litigation costs and expenses) including, without limitation, claims of trademark, service mark, trade dress and/or copyright infringement, arising from or caused by your use of the Content or Restiffic in violation of these Terms or in combination with other material created by you or any third party.

CHOICE OF LAW & VENUE

Any dispute referring or relating to the Terms or between the parties shall be governed by the laws of the State of North Carolina, without regard to its conflict of laws principles. You agree to submit to the exclusive jurisdiction of the state and federal courts located in Guilford County, North Carolina.

AMENDMENTS.

Restiffic reserves the right to amend the Terms at any time in its sole discretion, and will use reasonable efforts to provide the Authorized Registered Users to whom it has shipped Restiffic with notice of any such amendment. Your continued use of the Restiffic will constitute an acceptance of the amended Terms. Future versions of the Restiffic may also contain Terms of Use that differ from the current Terms.

SEVERABILITY.

If any term or provision of the Terms is held void, illegal or unenforceable, the validity of the remaining portions of the Terms will not be affected thereby.

PATENTS. 

Restiffic is protected by the following U.S. and foreign patents. Other U.S. and foreign patents pending.

Patent Numbers

• US 7,753,867
• Canada 2,632,340
• China ZL 200680043005.6
• Germany 60 2006 034 563.1
• France 1981450
• UK 1981450
• EP 1981450

ENTIRE AGREEMENT.

The Terms constitute the entire agreement between the parties with respect to the matters referred to herein.