Terms & Conditions
Hudson Medical Products d/b/a hudsonmedicalproducts.com offers this Website, including all information, software, products and services available from this Website or offered as part of or in conjunction with this Website (the “Website”), to you, the user, conditioned upon your acceptance of all of the terms, conditions, policies and notices stated here. Hudson Medical Products reserves the right to make changes to these Terms and Conditions immediately by posting the changed Terms and Conditions in this location. Your continued use of the Website constitutes your agreement to all such terms, conditions and notices, and any changes to the Terms and Conditions made by Hudson Medical Products.
Personal and Noncommercial Use
The Website is for your personal and noncommercial use. As a condition to your continued use of the Website, you warrant to Hudson Medical Products that you will not use the Website for any purpose that is unlawful or prohibited by these Terms and Conditions of use.
No Warranties
USE THE WEBSITE AT YOUR OWN RISK. THE COMPANY IS PROVIDING THIS WEBSITE TO YOU “AS IS” WITHOUT WARRANTY OF ANY KIND WITH RESPECT TO THE SITE, THE INFORMATION OR ANY SITE THAT IS HYPER LINKED HERETO, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANT ABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. HUDSON MEDICAL PRODUCTS MAKES NO WARRANTY THAT ANY CONTENT CONTAINED ON THIS WEBSITE SATISFIES ANY APPLICABLE GOVERNMENT LAW, REGULATION OR REQUIREMENT. Neither Hudson Medical Products nor its employees, agents, third-party information providers, merchants, licensor, or the like, warrant that the Website or its operation will be accurate, reliable, uninterrupted or error-free. No agent or representative has the authority to create any warranty regarding the Website on behalf of Hudson Medical Products reserves the right to change or discontinue, at any time, any aspect or feature of the Website.
UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL HUDSON MEDICAL PRODUCTS OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING, STORING OR DISTRIBUTING THE WEBSITE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES AND EXPENSES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, AND DAMAGES ARISING FROM LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF OR IN ANY WAY CONNECTED WITH USE OF THE WEBSITE, DELAY OR INABILITY TO USE THE WEBSITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS OR SERVICES OBTAINED THROUGH THE WEBSITE, WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU SPECIFICALLY AGREE THAT NO LICENSOR, SUPPLIER OR INFORMATION PROVIDER TO HUDSON MEDICAL PRODUCTS OR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, OR ANY OF THEIR SUCCESSORS OR ASSIGNS, SHALL HAVE ANY LIABILITY TO YOU FOR ANY REASON OR UNDER ANY THEORY WHATSOEVER, BASED UPON THE INFORMATION PROVIDED ON OR THROUGH THE WEBSITE. Because some states do not permit the exclusion or limitation of liability for consequential or incidental damages, some or all of the above limitation may not apply to you.
Copyright
Except for material in the public domain under United States copyright law, all material contained on the Website (including designs, text, graphics selection and arrangement thereof, all code, including HTML, Java applets, Active X controls and other code and software) are Copyright © 2008, Hudson Medical Products (”the Company”). All rights Reserved and is protected by United States and foreign copyright laws. Except as otherwise expressly provided in these terms and conditions, you may not copy, distribute, transmit, display, perform, reproduce, publish, license, modify, rewrite, create derivative works from, transfer, or sell any material contained on the Website without the prior consent of the copyright owner. None of the material contained on the Hudson Medical Products Website may be reverse-engineered, disassembled, decompiled, transcribed, stored in a retrieval system, translated into any language or computer language, retransmitted in any form or by any means (electronic, mechanical, photo reproduction, redecoration or otherwise), resold or redistributed without the prior written consent of Hudson Medical Products Violation of this provision may result in severe civil and criminal penalties.
You may make single copies of materials displayed on the Website for your own personal and non-commercial use only, provided any copies include the copyright and other notices displayed with the materials on the Website. You may not distribute such copies to others, whether or not for a charge or other consideration, without prior written permission from Hudson Medical Products or the copyright owner of the copied material. Requests to reproduce materials on the Website for distribution or other purposes should be mailed to:
Hudson Medical Products
5250 Klockner Drive
Richmond, Virginia 23231
Phone : (804) 226-1155
Fax : (804) 222-4308
Trademarks
“Hudson Medical Products” and “hudsonmedicalproducts.com” are trademarks or registered trademarks of Hudson Medical Products, licensed for use by Hudson Medical Products, and are protected by stated and federal trademark laws. Other trademarks appear on the Website with permission from their respective owners. Your unauthorized use of trademarks appearing on the Website may constitute trademark infringement, which could subject you to substantial civil penalties.
Indemnification
You agree to defend, indemnify and hold Hudson Medical Products, its officers, directors, affiliated companies, employees and agents, licensor and suppliers harmless from and against any and all claims, actions or demands, liabilities and settlements, including, without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your use of the Hudson Medical Products website, in a manner that violates or is alleged to violate these Terms and Conditions. Hudson Medical Products shall provide notice to you of any such claim, suit or proceeding and shall reasonably cooperate with you, at your expense, in your defense of any such claim, suit or proceeding.
Featured Links and Advertisements; Links to Third Party Sites
The Website may contain hyper links to Website offered by other parties other than Hudson Medical Products. Such hyper links are provided for your reference and convenience only. Hudson Medical Products does not control such other Websites and is not responsible for their content; nor does Hudson Medical Product’s inclusion of hyper links to such Websites imply any endorsement of the material on such Websites or any association with their operators. Unless otherwise specifically stated on this Website, Hudson Medical Products does not endorse any product or service or make any representation regarding the reliability, quality or accuracy of any products or services featured in, or linked to, any advertisement appearing on this Website. The products and services which can be accessed, purchased or obtained through such third-party sites are from persons or entities other than the Company. The Company does not make any representations or warranties of any kind, including warranty of merchantability or warranty of fitness for a particular purpose, with regard to such services and products. If you chose to hyper link to or from any third-party site hyper linked to or from the Website, then doing so shall be at your own risk.
Linking
Unless you are sub sequentially advised otherwise by Hudson Medical Products, you are hereby licensed to create hyper links to the content on the Website, provided that the hyper link accurately describes the content as it appears on the Website. Hudson Medical Products reserves the right to revoke this license generally, or your right to use specific links, at any time, and may normally break any hyper link after 14 days. Under no circumstances may you “frame” the Website or any of its content or copy portions of the Website to a server, except as part of an Internet service provider’s incidental caching of pages. Each page within the Website must be displayed in full (including all trademarks, branding, advertising and promotional materials), without any accompanying frame, border, margin, design, branding, trademark, advertising or promotional materials not originally displayed on the page within the Website.
Software Available on Website
Any software that is made available to download from this Website is the copyrighted work of Hudson Medical Products and/or its suppliers. Your use of the software is governed by the terms of the End User License Agreement, if any, that accompanies or is included with the software. You may not install or use any software without first agreeing to the terms of the End User License Agreement. For any software not accompanied by an End User License Agreement, Hudson Medical Products hereby grants to you a personal, nontransferable, non-sub licensable license to use the software for viewing and other purposes within the scope of use of such software anticipated by Hudson Medical Products in accordance with these terms and conditions, and for no other purpose. Any such software is provided to you subject to the warranty and liability exclusions set forth in these terms and conditions.
Termination of Privileges
Hudson Medical Products reserves the right to terminate your privilege of using all or any portion of the Website if you breach any of these terms and conditions of use. If Hudson Medical Products receives notice or otherwise discovers that you have posted material that infringes another party’s copyright or trademark rights or violates another party’s rights of privacy or publicity, Hudson Medical Products may terminate your access to the Website, including all of your privileges or accounts that you may have established in connection with the Website.
General
These Terms and Conditions (including the privacy policy contained in this Website) constitute the entire agreement and understanding between you and Hudson Medical Products with respect to use of the Website, superseding all prior or contemporaneous communications and/or proposals. These Terms and Conditions also are sever able, and in the event any provision is determined to be invalid or unenforceable, such invalidity or unenforceable shall not in any way affect the validity or enforceability of the remaining provisions. Hudson Medical Products reserves the right of make changes to these Terms and Conditions in this location. By continuing to use the Website, you are agreeing to all changes made by Hudson Medical Products A printed version of these Terms and Conditions shall be admissible in judicial or administrative proceedings based upon or relating to the use of the Website to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Jurisdiction
The Website is controlled and operated by Hudson Medical Products from its principal office in the Commonwealth of Virginia, United States of America. Hudson Medical Products makes no representation that materials on the Website are appropriate or available for use in other locations. Those who choose to access the Website from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. The Website is not intended to subject Hudson Medical Products to the laws or jurisdiction of any state, country or territory other than the Commonwealth of Virginia and the United States of America.
Choice of Law, Jurisdiction, and Venue
The Website, the Information, the Terms and Conditions, any suit, action or proceeding arising out of, or with respect to, any of the foregoing, or any judgment entered by any court in respect thereof, shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia without regard to choice of law rules. Any suit, action or proceeding arising out of, or with respect to, the Website, the Information or the Terms and Conditions, or any judgment entered by any court in respect thereof, shall be brought exclusively in the courts of Henrico County, Virginia or in the United States District Court for the eastern district of Virginia, situated in Henrico, Virginia. All parties hereby consent to personal jurisdiction in the Commonwealth of Virginia, acknowledge that venue is proper in the courts of Henrico County, Virginia or in the United States District Court for the Eastern District of Virginia situated in Henrico, Virginia, and waive any objections that may exist, now or in the future, with respect to any of the foregoing.
Sever ability
In the event that any one or more of the provisions contained in the Terms and Conditions shall be declared invalid, void or unenforceable, the remaining provisions of the Terms and Conditions shall remain in full force and effect, and such invalid, void or unenforceable provision shall be interpreted as closely as possible to the manner which it was written.