Last Updated: February 15, 2022
Please read the following Terms of Use relating to your use of PDS’ site carefully. By using PDS’ site, you are deemed to have agreed to these Terms of Use and our Privacy Policy, which is incorporated herein by reference. We reserve the right to modify this document and the Privacy Policy at any time. You should check the Terms of Use periodically for changes. By using this site after we post any changes to these Terms of Use, you agree to accept those changes, whether or not you have reviewed them. If at any time you choose not to accept these Terms of Use, please do not use PDS’ services.
These Terms of Use apply to your use of all of the Site and services owned or operated by PDS (collectively, the “PDS Site”). These Terms of Use do not apply to Site to which you may link to through any PDS site.
PDS SITE
The PDS Site contains various types of information authored either by PDS or third parties.
As the user of the PDS site, you assume full risk for any and all use of the PDS site, including the information presented on the site. The PDS site is intended to be a general information resource only. You agree to hold PDS, its shareholders, directors, officers, employees, agents, affiliates, subcontractors and attorneys harmless from any claims relating to your use of, or errors in information found on this site in exchange for your use of the PDS site.
TERMINATION
You understand that PDS may in its sole discretion terminate your ability to use the PDS Site.
COPYRIGHT
All web site design, text, graphics, the selection and arrangement thereof, Copyright © 2019, Practice Diagnostic Systems, LLC. ALL RIGHTS RESERVED. The contents of this Site are protected by copyright and trademark laws, and are the property of PDS and any other copyright owners.
THIRD PARTY CONTENT/COPYRIGHTS
Other more restrictive disclaimers and limitations on use of certain information on this site may be noted elsewhere. In the event of a contradiction regarding this and other disclaimers, the more restrictive disclaimers shall apply.
TRADEMARKS
All PDS trademarks, service marks, trade names, logos, domain names, URLs and icons (“Marks”) appearing on this website, registered or not, are the property of PDS or their respective owners. Nothing on this website grants you any right or license to use any of the Marks on this site without the express written permission of PDS or the third party owners of the Marks. Unauthorized use may violate trademark and other laws.
DISCLAIMER
PDS is providing the PDS site on an “as is” basis and makes no representations or warranties of any kind with respect to the PDS site or any of the products offered through or on the PDS site. PDS disclaims all such representations and warranties, including, the warranties of merchantability, fitness for a particular purpose and infringement. In addition, PDS does not represent or warrant that the PDS site is accurate, will be uninterrupted, error-free, complete or current. PDS assumes no responsibility for errors or omissions in this publication or other documents which are referenced by or linked to this publication. References to third party entities, their services and/or products are also provided “as is” without warranty of any kind, either expressed or implied. Products and services are used at your own risk. Price and availability are subject to change without notice.
LIMITATION OF LIABILITY
PDS will not be liable for any harm to you or others resulting from the use of our services. Under no circumstances, including but not limited to negligence, will PDS or any of its affiliated companies or any of its or their respective subcontractors, vendors, licensors or suppliers be liable for damages of any kind, including, but not limited to compensatory, direct, indirect, or consequential damages, personal injury, wrongful death, emotional distress, loss of data, income or profit, loss of or damage to property and claims of third parties, even if we have been advised of the possibility of such damages, whether under theory of contract, tort (including negligence), strict liability or otherwise.
INDEMNITY
You agree to indemnify, and hold PDS, its shareholders, directors, officers, employees, affiliates, subcontractors and attorneys harmless from and against any and all claims, actions or demands brought against us alleging: that your use of the PDS Site: (i) infringed or misappropriated of any intellectual property rights of anyone; (ii) defamed, libeled, slandered a anyone or that you use of the site was obscene, pornographic, or violated a third party’s rights of privacy or publicity; or (iii) is deemed to be spam, or to constitute offensive, harassing or illegal conduct. You also agree to indemnify and hold PDS, its shareholders, directors, officers, employees, affiliates, subcontractors and attorneys harmless in connection with any: (a) your use of the PDS Site; (b) violation by you of these Terms of Use; (c) any liability to PDS, the PDS Site or any third party which liability is caused by or otherwise results from your acts or omissions. The indemnifications set forth in this paragraph include all expenses and costs (including reasonable attorney’s fees) resulting from or arising out of the above claims.
FORCE MAJEURE
We are not liable for any failure or delay in our performance due to any cause beyond our reasonable control, including the act or war, acts of God, earthquake, flood, embargo, riot, sabotage, labor shortage or dispute, governmental act, or failure of the Internet.
MISCELLANEOUS
These terms will be governed by and construed in accordance with the laws of the State of Connecticut, without regard to any principles of conflicts of law. You agree that any action at law or in equity that arises out of or relates to these terms will be filed only in the state or federal courts located in New Haven County, Connecticut, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. If any of these Terms of Use is found unlawful, void, or for any reason unenforceable, then that provision will be considered severable from the remaining Terms of Use, and will not affect the validity and enforceability of the remaining provisions. This is the entire agreement between you and PDS relating to the subject matter it contains. This agreement may be modified only by our posting of changes to these Terms of Use.
ACCEPTANCE OF TERMS
My use of this site shall been deemed to be my unconditionally acceptance of these Terms of Use. I understand that these Terms of Use may be changed without notice to me from time to time. I understand that my continued use of the PDS Site after the posting of changes, will mean that I unconditionally accept the then current version of the Terms of Use.