Terms of Use - AvaSure

Terms of Use

PLEASE READ THESE TERMS OF USE CAREFULLY. These terms of use describe the rules for users (“you” or “your”) of any AvaSure website (“AvaSure website”). An AvaSure website may be used only for information purposes and, in certain circumstances, to place secured orders according to the applicable AvaSure User Agreement. By using an AvaSure website or uploading materials to an AvaSure website, you agree to abide by the terms of use set forth in this notice (“Terms of Use”) and AvaSure’s Privacy Policy (“Privacy Policy”). If you do not agree to abide by the Terms of Use and the Privacy Policy, do not use an AvaSure website in any manner including but not limited to uploading or downloading any information or material.

All AvaSure websites are owned and operated by AvaSure. AvaSure is the name we use to refer to our whole business, including AvaSure, LLC (“AvaSure”) with its worldwide headquarters at 5801 Safety Drive, NE, Belmont, Michigan 49306 U.S.A. and any of the companies that it controls such as its subsidiaries, divisions and affiliates.

By accessing an AvaSure website, you agree to the following terms. If you do not agree to the following terms, please note that you are not allowed to use any AvaSure websites. The Terms of Use and Privacy Statement apply to all AvaSure websites. AvaSure and its affiliates also operate other websites. The Terms of Use may also apply to those other websites. Please review the Terms of Use posted on those other AvaSure websites when you visit them. AvaSure may change the Terms of Use at any time. By using an AvaSure website, you represent and warranty that you accept these and any future version of the Terms of Use. These Terms of Use were last updated on May 21, 2010.

The Terms of Use apply exclusively to your access to and use of any AvaSure web site and do not alter the terms or conditions of any other agreement you may have with AvaSure or its parents, subsidiaries or affiliates regarding other topics than the use of any AvaSure  website.

Please read our Privacy Policy to understand the privacy rules about your use of AvaSure websites. Except as written in any other user agreements, disclaimers, policies, terms of use, statements, or other notices on a AvaSure website, the Terms of Use and our Privacy Policy are the complete agreement between you and AvaSure with respect to your use of AvaSure websites. You may be subject to additional terms that may apply when you access particular services or materials on certain areas of a AvaSure website or by following links that take you away from a AvaSure website.

The information contained in AvaSure websites (i) are for general guidance on matters of interest only and shall not be assimilated to or substituted for legal or medical advice and (ii) do not constitute an offer of or solicitation for the purchase of products or services.

A reference to an AvaSure product or service on an AvaSure website does not imply that such product or service is or will be available in your country where it may be subject to different regulations and conditions of use. Such reference does not imply any intention on our part to sell this product or service in your country and you should always rely on product information especially created for your country. AvaSure’s website contains information about products and services that may or may not be available in any particular country or region of the world, may be available under different trademarks in different countries and where applicable may be approved or cleared by a government regulatory body for sale or use with different indications and restrictions in different countries.

Although accessible by others, the product information on a public AvaSure website is intended for use by residents of the United States only unless designated by a national flag or regional symbol. AvaSure’s websites may link to other websites produced by AvaSure’s various operating divisions and subsidiaries, some of which are outside the U.S. Those AvaSure websites may have information that is appropriate only to the particular originating country or region where the website is based. You should not construe anything on a linked website as a promotion or solicitation for any product or for the use of any product that is not authorized by the laws and regulations of the country where you are located.

AvaSure’s websites may contain from time to time information related to various health, medical and fitness conditions and their treatment. Such information is not meant to be a substitute for the advice provided by a physician or other medical professional. You should not use the information contained herein for diagnosing a health or fitness problem or disease. You should always consult a medical professional, such as a physician, to determine what courses of treatment, if any, may be appropriate for you.

Copyrights and Trademarks. The contents of AvaSure’s websites are protected by worldwide copyright and trademark laws. Any rights not expressly granted herein are reserved. Reproduction, transfer, distribution or storage of part or all of the contents in any form without the prior written permission of AvaSure is prohibited except in accordance with the following terms. AvaSure consents to you browsing AvaSure’s websites on your computer and printing or downloading content only for your personal use for non-commercial purposes provided that such uses are not competitive with or derogatory to AvaSure; but no modification or further reproduction of the content is permitted. The content may otherwise not be copied or used in any way without the prior written consent from an authorized AvaSure representative. Individual documents on an AvaSure’s website may be subject to additional terms indicated in those documents.

The trademarks, service marks, trade names, trade dress and products contained in AvaSure’s websites are protected in the United States and internationally. AvaSure is a registered trademark of AvaSure, LLC. Other product and company names mentioned in AvaSure’s websites may be trademarks or trade names of their respective owners. Your access to AvaSure’s websites should not be construed as granting, by implication, estoppel or otherwise, any license or right to use any marks appearing on AvaSure’s websites without the prior written consent of an authorized AvaSure representative or the third-party owner thereof except to identify the products or services of the company.

If you believe that your intellectual property has been improperly used on a AvaSure website please contact AvaSure’s Compliance Department at the address provided below.

Software. Any software including any files, images generated by the software, code, source and destination, and data accompanying the software (collectively, “Software”), used or accessible by means of a AvaSure website may be used by you solely for accessing and using AvaSure’s website for purposes and according to the conditions expressly stated on the AvaSure website. AvaSure retains full and complete title to and all intellectual property rights in the Software. You agree to neither copy, distribute, sell, modify or create derivative works from any part of the Software nor to decompile, reverse engineer or disassemble the same, unless permitted by applicable law.

User Representations. In using any AvaSure website, you agree: (a) not to disrupt or interfere with the security of, or otherwise abuse, the AvaSure website, or any services, system resources, accounts, servers or networks connected to or accessible through the AvaSure website or affiliated or linked websites; (b) not to disrupt or interfere with any other user’s enjoyment of the AvaSure website or affiliated or linked websites; (c) not to upload, post, or otherwise transmit through or on any AvaSure website any viruses or other harmful, disruptive or destructive files; (d) not to use or attempt to use another’s account, service or system without authorization from AvaSure, or create or use a false identity on a AvaSure website; (e) not to transmit through or on a AvaSure website spam, chain letters, junk mail or any other type of unsolicited mass email to people or entities who have not agreed to be part of such mailings; (f) not to divulge your username and password to others either on or off the AvaSure website; (g) not to attempt to obtain unauthorized access to the AvaSure website or portions of the AvaSure website which are restricted from general access; and, (h) not use a AvaSure website to seek, provide or obtain specific medical advice, medical opinion or diagnosis as applied to a patient’s particular condition or situation.

In addition, you agree that you are solely responsible for actions and communications undertaken or transmitted under your account, and that you will comply with all applicable local, state, national and international laws and regulations, including but not limited to United States export restrictions, that relate to your use of or activities on a AvaSure web site.

Except for Registered Users (as defined in the applicable User Agreement) using a secured AvaSure website for professional use, in connection with the treatment of patients, you expressly agree that you will not provide, discuss or refer to any particular patient, any particular patient’s medical condition or any other information, which could identify a particular patient. You further expressly agree that you will not discuss, endorse or refer to “off label” uses of medical products, including any uses which have not been approved by the U.S. Food and Drug Administration or any other applicable regulatory agency.

Website Updates. All content available through an AvaSure website, including but not limited to data, technical drawings, configurations, quote and order information and catalog listings are believed to be accurate. However, you should independently evaluate the accuracy of the information and the usefulness for your particular needs of any content, product or service available through any AvaSure website. Specifications for products and services are subject to change without notice and AvaSure reserves the right to make changes without notice to processing, materials or configuration. AvaSure does not guarantee that products or services that are listed online will be available at the time of your order.

AvaSure may terminate, change, suspend or discontinue any aspect of an AvaSure web site, including the availability of any features, at any time. AvaSure may remove, modify or otherwise change any content, including that of third-parties, on or from an AvaSure web site. AvaSure may impose limits on certain features and services or restrict your access to parts or all of an AvaSure web site without notice or liability. AvaSure may terminate the authorization and rights provided herein and your use of any AvaSure website at any time in its sole discretion and upon such termination, you shall immediately destroy all materials that you have downloaded from any AvaSure website.

Links to Other Websites. For your easy accessibility, AvaSure may include links to websites on the internet that are owned or operated by third-parties to which this Terms of Use does not apply. AvaSure is not responsible for the content of such other web sites. You also agree that AvaSure has no control over the content on third-party websites and cannot assume any responsibility for material created or published by such third-party websites. Therefore, when linking to such a third-party website, you should review and agree to that website’s rules of use before using such website. In addition, a summary and/or link to a non-AvaSure website does not imply that AvaSure endorses the website or the products or services, or warrants the accuracy of any content referenced in such third-party website. AvaSure shall not be liable for any damages or injury arising from users’ access to or inability to access such websites.

Links to an AvaSure Website. All links to a AvaSure website must be approved in writing by AvaSure, except that AvaSure consents to links in which: (a) the link is a text-only link containing only the title of the home page of AvaSure’s website, (b) the link “points” only to the home page of AvaSure’s web site and not to deeper pages, (c) the link, when activated by a user, displays this home page of AvaSure’s website in full-screen and not within a “frame” on the linked website, and (d) the appearance, position, and other aspects of the link do not (i) create the false appearance that an entity or its activities or products are associated with or sponsored by AvaSure or its affiliates, or (ii) damage or dilute the goodwill associated with the name and trademarks of AvaSure or its affiliates. In any event you agree that AvaSure reserves the right to withdraw this consent to link without reason or notice and at any time and you further undertake to delete any link for which AvaSure’s consent has been withdrawn.

Your Content and Ideas. By submitting material to any of our servers, for example, by e-mail or via the internet, you agree that: (a) the material will not contain any item that is unlawful or otherwise unfit for publication; (b) you will use reasonable efforts to scan and remove any viruses or other contaminating or destructive features before submitting any material; (c) you own the material or have the unlimited right to provide it to us and AvaSure may publish the material free of charge and/or incorporate it or any concepts described in it in our products without accountability or liability; (d) you agree not to take action against us in relation to material that you submit and you agree to indemnify us if any third-party takes action against us in relation to the material you submit; (e) does not violate the terms of this Agreement, AvaSure’s Privacy Policy, or any other registered user agreement (if applicable); and (f) and that you shall be responsible for the content and information contained therein, including all required consents, its truthfulness and accuracy.

AvaSure does not and cannot review the content posted by users on every AvaSure website and is not responsible for such content. AvaSure may at any time at its discretion remove any content posted by users.

Securities Disclaimer. AvaSure’s websites may contain “forward-looking statements” as defined in the Private Securities Litigation Reform Act of 1995. These statements, at the time they were made, were based on then-current expectations of future events.

If any of those underlying assumptions prove or have proven to be inaccurate or unknown or if risks or uncertainties materialize or have materialized, actual results could vary or already may have varied materially from AvaSure’s expectations and projections in these statements.

These risks and uncertainties include general industry conditions and competition: economic conditions such as interest rate and currency exchange rate fluctuations, technological advances and patents attained by competitors, challenges inherent in new product development including obtaining regulatory approvals, domestic and foreign health care reforms and governmental laws and regulations and trends toward health care cost containment.

The Company assumes no obligation to update any forward-looking statements as a result of new information or future events or developments.

Any personally identifiable information transmitted to an AvaSure website is governed by AvaSure’s Privacy Policy, which is incorporated by reference as if fully set forth in these Terms of Use. AvaSure shall be free to use or copy all other information in any such communications, including any ideas, inventions, concepts, techniques or know-how disclosed therein, for any purposes. Such purposes may include disclosure to third-parties and/or developing, manufacturing and/or marketing goods or services.

Warranty. The use of any AvaSure website and the content therein is permitted for private, non-commercial use. The content in every AvaSure website is provided as a convenience to you. AvaSure will use reasonable efforts to include up-to-date and accurate information in its website but makes no representations, warranties or assurances as to the accuracy, currency or completeness of the information contained on any AvaSure website which are provided on “as is” and “as available” basis.

To the fullest extent permissible pursuant to applicable law, AvaSure and its affiliates disclaim all warranties of any kind, whether express or implied, including without limitation any warranty of merchantability, fitness for a particular purpose or non-infringement. You expressly agree that any use of an AvaSure website, including all content, data or software distributed by, downloaded or accessed from or through an AvaSure website is at your sole risk. You understand and agree that you will be solely responsible for any damage to your business, your computer system or loss of data that results from the download of such content, data and/or software.

You acknowledge that AvaSure does not control in any respect any information, products or services offered by third-parties through any website including an AvaSure website. Except as otherwise agreed in writing, AvaSure and its affiliates assume no responsibility for and make no warranty or representation as to the accuracy, currency, completeness, reliability or usefulness of any advice, opinion, summary, statement or other content or of any products or services distributed or made available by third-parties through any third-party or AvaSure websites.

AvaSure does not make any warranty that its web sites or its content will meet your requirements, or that a AvaSure website or its content will be uninterrupted, timely, secure, or error free or that defects, if any, will be corrected. Nor does AvaSure make any warranty as to the results that may be obtained from use of an AvaSure website or its content or as to the accuracy, completeness or reliability of any information obtained through use of any AvaSure website.

AvaSure assumes no responsibility for any damages suffered by a user, including, but not limited to, loss of data from delays, non-deliveries of content or email, errors, system down time, mis-deliveries of content or email, network or system outages, file corruption, or service interruptions caused by the negligence of AvaSure, its affiliates, its licensors, or a user’s own errors and/or omissions.

Except as otherwise provided under applicable laws and regulations regarding the security of personal data, AvaSure disclaims any warranty or representation that confidentiality of information transmitted through a AvaSure website will be maintained.

No advice or information, whether oral or written, obtained by you from AvaSure or third-parties through any AvaSure website shall create any warranty.

Some states do not allow the limitation or exclusion of certain warranties or conditions, so some of the above exclusions may not apply to you.

Limitation of Liability. TO THE EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, SHALL AVASURE OR ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM OR IN CONNECTION WITH THE USE OF OR THE INABILITY TO USE AN AVASURE WEBSITE OR ANY CONTENT CONTAINED ON AN AVASURE WEBSITE, OR, EXCEPT AS OTHERWISE PROVIDED UNDER APPLICABLE LAWS AND REGULATIONS REGARDING THE SECURITY OF PERSONAL DATA, RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR OTHER INFORMATION THAT IS SENT OR RECEIVED OR NOT SENT OR RECEIVED, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF AVASURE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE PARTIES ACKNOWLEDGE THAT THIS IS A REASONABLE ALLOCATION OF RISK, EVEN IF AVASURE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW EXCLUSION OF CERTAIN WARRANTIES OR LIMITATIONS OF LIABILITY, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THE LIABILITY OF AVASURE WILL IN SUCH CASE BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

Applicable Law. These Terms of Use shall be governed by the laws of the State of Michigan and claims shall be determined in the state and federal courts of the State of Michigan, U.S.A. Should any provision in these Terms of Use be found invalid or unenforceable for any reason, then that provision shall be deemed severable from, and shall not affect the validity or enforceability of, the remaining provisions.

Contact AvaSure. If you have any questions about these Terms of Use, please write to:

AvaSure, LLC
c/o: Corporate Compliance Officer
5801 Safety Drive, NE
Belmont, MI 49306
U.S.A.

If the Terms of Use change, the revised Terms of Use will be posted on all AvaSure web sites. Please check back periodically, and especially before you provide any personally identifiable information. This Terms of Use was last updated on September 10, 2020.