These Terms and Conditions of Services (the "Terms of Services") apply to
the UTS Health web site located at www.utshealth.com, and all associated sites
(including download sites) that are hosted by or maintained by UTS Health (collectively,
the "Site").
UTS Health is a subsidiary of Indigo Byte Systems, LLC. The Site is the property of Indigo Byte Systems, LLC.
BY USING THE SITE, YOU AGREE TO THESE TERMS OF SERVICES; IF YOU DO NOT AGREE, DO NOT USE THE SITE.
UTS Health reserves the right, at its sole discretion, to change, modify, add or remove
portions of these Terms of Services, at any time. It is your responsibility to check these
Terms of Services periodically for changes. Your continued use of the Site following the
posting of changes will mean that you accept and agree to the changes. As long as you comply
with these Terms of Services, UTS Health grants you a personal, non-exclusive,
non-transferable, limited privilege to enter and use the Site.
Related Notices
The following notices are incorporated herein by reference and may be reviewed by
following the links below.
- UTS Health
Privacy Policy
Content
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos,
sounds, music, artwork and computer code (collectively, "Content"), including but not limited
to the design, structure, selection, coordination, expression, "look and feel" and arrangement
of such Content, contained on the Site is owned, controlled or licensed by or to
UTS Health, and is protected by trade dress, copyright, patent and trademark laws, and
various other intellectual property rights and unfair competition laws.
Except as expressly provided in these Terms of Services, no part of the Site and no Content
may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded,
translated, transmitted or distributed in any way (including "mirroring") to any other
computer, server, Web site or other medium for publication or distribution or for any
commercial enterprise, without Indigo Byte Systems' express prior written consent.
You may use information on UTS Health products and services purposely made available
by UTS Health for downloading from the Site, provided that you (1) not remove any
proprietary notice language in all copies of such documents, (2) use such information
only for your personal, non-commercial informational purpose and do not copy or post
such information on any networked computer or broadcast it in any media, (3) make no
modifications to any such information, and (4) not make any additional representations
or warranties relating to such documents.
Your Use of the Site
You may not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device,
program, algorithm or methodology, or any similar or equivalent manual process, to access,
acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or
circumvent the navigational structure or presentation of the Site or any Content, to obtain
or attempt to obtain any materials, documents or information through any means not purposely
made available through the Site. UTS Health reserves the right to ban any such
activity.
You may not attempt to gain unauthorized access to any portion or feature of the Site,
or any other systems or networks connected to the Site or to any UTS Health server, or to
any of the services offered on or through the Site, by hacking, password "mining" or any
other illegitimate means.
You may not probe, scan or test the vulnerability of the Site or any network connected
to the Site, nor breach the security or authentication measures on the Site or any network
connected to the Site. You may not reverse look-up, trace or seek to trace any information
on any other user of or visitor to the Site, or any other customer of UTS Health,
including any UTS Health account not owned by you, to its source, or exploit the
Site or any service or information made available or offered by or through the Site,
in any way where the purpose is to reveal any information other than your own information,
as provided for by the Site.
You agree that you will not take any action that imposes an unreasonable or
disproportionately large load on the infrastructure of the Site or UTS Health' systems or
networks, or any systems or networks connected to the Site or to UTS Health.
You agree not to use any device, software or routine to interfere or attempt to interfere
with the proper working of the Site or any transaction being conducted on the Site, or with
any other person's use of the Site.
You may not forge headers or otherwise manipulate identifiers in order to disguise the
origin of any message or transmittal you send to UTS Health on or through the
Site or any service offered on or through the Site. You may not pretend that you are,
or that you represent, someone else, or impersonate any other individual or entity.
You may not use the Site or any Content for any purpose that is unlawful or prohibited by
these Terms of Services, or to solicit the performance of any illegal activity or other activity
which infringes the rights of UTS Health or others.
Purchases; Other Terms and Conditions
Additional terms and conditions may apply to purchases of goods or services and to
specific portions or features of the Site, including contests, promotions or other similar
features, all of which terms are made a part of these Terms of Services by this reference.
You agree to abide by such other terms and conditions, including where applicable representing
that you are of sufficient legal age to use or participate in such service or feature.
If there is a conflict between these Terms of Services and the terms posted for or applicable
to a specific portion of the Site or for any service offered on or through the Site, the
latter terms shall control with respect to your use of that portion of the Site or the
specific service.
UTS Health' obligations, if any, with regard to its products and services are governed
solely by the agreements pursuant to which they are provided, and nothing on this Site
should be construed to alter such agreements.
UTS Health may make changes to any products or services offered on the Site,
or to the applicable prices for any such products or services, at any time, without notice.
The materials on the Site with respect to products and services may be out of date,
and UTS Health makes no commitment to update the materials on the Site with respect
to such products and services.
Privacy
UTS Health'
Privacy Policy applies to use of this Site,
and its terms are made a part of these Terms of Services by this reference. Additionally,
by using the Site, you acknowledge and agree that Internet transmissions are never
completely private or secure. You understand that any message or information you send
to the Site may be read or intercepted by others, even if there is a special notice
that a particular transmission is encrypted.
Links to Other Sites and to the UTS Health Site
This Site may contain links to other independent third-party Web sites ("Linked Sites").
These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites
are not under UTS Health' control, and UTS Health is not responsible for and does not endorse
the content of such Linked Sites, including any information or materials contained on such
Linked Sites. You will need to make your own independent judgment regarding your interaction
with these Linked Sites.
Disclaimers
UTS Health DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE
WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR
USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON
AN "AS-IS" AND "AS-AVAILABLE" BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO
CHANGE WITHOUT NOTICE. UTS Health CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD
FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES.
UTS Health DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES
OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
UTS Health DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY
THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY
UTS Health SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY
LINKED SITES. YOUR SOLE REMEDY AGAINST UTS Health FOR DISSATISFACTION WITH THE
SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION
OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.
You will use UTS Health services at your own risk.
Regardless of any information provided by this service the developers
of this service are not liable for any possible injury caused by calculation
errors or other service errors.
The serivce doesn't produce and doesn't produce and doesn't offer any
recommendations.
You must consult your doctor before you take any actions.
The above disclaimer applies to any damages, liability or injuries caused by any failure
of performance, error, omission, interruption, deletion, defect, delay in operation or
transmission, computer virus, communication line failure, theft or destruction of or
unauthorized access to, alteration of, or use, whether for breach of contract, tort,
negligence or any other cause of action.
UTS Health reserves the right to do any of the following, at any time, without notice:
(1) to modify, suspend or terminate operation of or access to the Site, or any portion
of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site,
and any applicable policies or terms; and (3) to interrupt the operation of the Site,
or any portion of the Site, as necessary to perform routine or non-routine maintenance,
error correction, or other changes.
Limitation of Liability
Except where prohibited by law, in no event will UTS Health be liable to you for any
indirect, consequential, exemplary, incidental or punitive damages, including lost profits,
even if UTS Health has been advised of the possibility of such damages.
If, notwithstanding the other provisions of these Terms of Services, UTS Health is found to be
liable to you for any damage or loss which arises out of or is in any way connected with
your use of the Site or any Content, UTS Health' liability shall in no event exceed the
greater of (1) the total of any subscription or similar fees with respect to any service
or feature of or on the Site paid in the six months prior to the date of the initial claim
made against UTS Health (including the purchase price for any UTS Health
software products), or (2) US$10.00. Some jurisdictions do not allow limitations of
liability, so the foregoing limitation may not apply to you.
Indemnity
You agree to indemnify and hold UTS Health, its officers, directors, shareholders,
predecessors, successors in interest, employees, agents, subsidiaries and affiliates,
harmless from any demands, loss, liability, claims or expenses (including attorneys' fees),
made against UTS Health by any third party due to or arising out of or in connection with
your use of the Site.
Violation of These Terms of Services
UTS Health may disclose any information we have about you (including your identity)
if we determine that such disclosure is necessary in connection with any investigation
or complaint regarding your use of the Site, or to identify, contact or bring legal action
against someone who may be causing injury to or interference with (either intentionally or
unintentionally) UTS Health' rights or property, or the rights or property of visitors to
or users of the Site, including UTS Health' customers. UTS Health reserves the right at
all times to disclose any information that UTS Health deems necessary to comply with any
applicable law, regulation, legal process or governmental request. UTS Health also may
disclose your information when Indigo Byte Systems determines that applicable law requires
or permits such disclosure, including exchanging information with other companies and
organizations for fraud protection purposes.
You acknowledge and agree that UTS Health may preserve any transmittal or communication
by you with UTS Health through the Site or any service offered on or through the Site,
and may also disclose such data if required to do so by law or UTS Health determines
that such preservation or disclosure is reasonably necessary to (1) comply with legal
process, (2) enforce these Terms of Services, (3) respond to claims that any such data violates
the rights of others, or (4) protect the rights, property or personal safety of
UTS Health, its employees, users of or visitors to the Site, and the public.
You agree that UTS Health may, in its sole discretion and without prior notice,
terminate your access to the Site and/or block your future access to the Site if
we determine that you have violated these Terms of Services or other agreements or guidelines
which may be associated with your use of the Site. You also agree that any violation by you
of these Terms of Services will constitute an unlawful and unfair business practice, and will
cause irreparable harm to UTS Health, for which monetary damages would be inadequate,
and you consent to UTS Health obtaining any injunctive or equitable relief that
UTS Health deems necessary or appropriate in such circumstances. These remedies are
in addition to any other remedies UTS Health may have at law or in equity.
You agree that UTS Health may, in its sole discretion and without prior notice,
terminate your access to the Site, for cause, which includes (but is not limited to)
(1) requests by law enforcement or other government agencies, (2) a request by you
(self-initiated account deletions), (3) discontinuance or material modification of
the Site or any service offered on or through the Site, or (4) unexpected technical
issues or problems.
If UTS Health does take any legal action against you as a result of your violation
of these Terms of Services, UTS Health will be entitled to recover from you, and you agree
to pay, all reasonable attorneys' fees and costs of such action, in addition to any
other relief granted to UTS Health. You agree that UTS Health will not be liable to
you or to any third party for termination of your access to the Site as a result of
any violation of these Terms of Services.
The information contained in this web site is subject to change without notice.
