TENEX HEALTH ONLINE TERMS AND CONDITIONS
You must be at least 13 years of age to use this website. By using this website, and by agreeing to these terms and conditions, you warrant and represent that you are at least 13 years of age.
Access to certain areas of this website is restricted. Tenex Health reserves the right to restrict access to [other] areas of this website, or indeed this entire website, at Tenex Health’s discretion.
If Tenex Health provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential.
Tenex Health may disable your user ID and password in Tenex Health’s sole discretion without notice or explanation.
You acknowledge and agree that:
A. Although we strive to provide on this website the latest developments relating to our products and services, and other information about our company, all content available through a Tenex Health, Inc. web site, 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 Tenex Health, Inc. web site. Specifications for products and services are subject to change without notice and Tenex Health, Inc. reserves the right to make changes without notice to processing, materials or configuration. Each person assumes full responsibility and all risks arising from use of this Internet site. The information is presented “AS IS” and may include technical inaccuracies or typographical errors. Tenex Health reserves the right to make additions, deletions, or modifications to the information at any time without any prior notification.
B. Tenex Health makes no representations or warranties of any kind or nature with respect to the information or content posted on this website. Tenex Health hereby disclaims all representations and warranties, whether express or implied, created by law, contract or otherwise, including, without limitation, any warranties of merchantability, fitness for a particular purpose, title or non-infringement. In no event shall Tenex Health be liable for any damages of any kind or nature, including, without limitation, direct, indirect, special (including loss of profit) consequential or incidental damages arising from or in connection with the existence or use of this internet site and/or the information or content posted on this website, regardless of whether Tenex Health has been advised as to the possibility of such damages.
C. Much of the information on this website relates to Tenex Health products. The materials on this website are for your general educational information only. Information you read on the Tenex Health website cannot replace the relationship that you have with your healthcare professional. Tenex Health does not practice medicine or provide medical services or advice and the information on this website should not be considered medical advice.This website contains information about Tenex Health products cleared for use in the United States, and is intended for a United States audience. If you live outside the U.S., you may see information on this website about Tenex Health products that are not approved or marketed in your country.Nothing on this website constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any medical matter you should consult an appropriate professional. IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL YOUR DOCTOR OR 911 IMMEDIATELY.
D. This website may contain forward-looking statements that reflect Tenex Health’s current expectation regarding future events and business development. The forward-looking statements involve risks and uncertainties. Actual developments or results could differ materially from those projected and depend on a number of factors including, but not limited to, the success of current research programs, results of pending or future clinical trials, ongoing commercialization of its products, regulatory approvals, validity, and enforcement of its patents, the stability of its commercial relationships, and the general economic conditions. Tenex Health intends to update this site on a regular basis but assumes no obligation to update any of the content.
This website is provided “as is” without any representations or warranties, express or implied. Tenex Health makes no representations or warranties in relation to this website or the information and materials provided on this website. Without prejudice to the generality of the foregoing paragraph, Tenex Health does not warrant that this website will be constantly available, and Tenex Health is not responsible, and provides no warranty whatsoever, for the accuracy, effectiveness, timeliness, and suitability of any information or content obtained from third parties, including any hyperlinks to or from third-party sites. Except as otherwise provided on this website, Tenex Health will not edit, censor, or otherwise control any content provided by third parties on any bulletin board, chat room, or other similar forums posted on its website. Such information should, therefore, be considered as suspect and is not endorsed by Tenex Health.
You understand, acknowledge, and agree to the following:
A. By using this website, you agree not to disrupt or intercept our electronic information posted on this website or on any of our servers. You also agree not to attempt to circumvent any security features of our website, and to abide by all applicable, local, state, federal and international laws, rules and regulations. You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity. You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software. You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without Tenex Health’s express written consent. You must not use this website to transmit or send unsolicited commercial communications. You must not use this website for any purposes related to marketing without Tenex Health’s express written consent.
The trademarks, service marks, trade names, trade dress, and products in this Internet site are protected in the United States and internationally. No use of any of these may be made without the prior, written authorization of the owners of this site, except to identify the products or services of the company. You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.
You must not:
- republish material from this website (including republication on another website);
- sell, rent or sub-license material from the website;
- show any material from the website in public;
- reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;
- edit or otherwise modify any material on the website; or
- redistribute material from this website [except for content specifically and expressly made available for redistribution.
PRIVACY AND SECURITY
You recognize and agree that when submitting your personally identifiable information to TenexHealth.com, while Tenex Health has safeguards in place to prevent unauthorized access or interception, there is no absolute guarantee of security. In the unlikely event of an interception or unauthorized access despite our efforts, Tenex Health shall not be responsible for such interceptions or unauthorized access, or any direct, indirect, special, incidental, or consequential damages (including lost profits) suffered by a customer or user, even if Tenex Health has previously been advised of the possibility of such damages. Tenex Health does not warrant, either expressly or impliedly, that the information provided by any customer shall be free from interception or unauthorized access, and does not provide any implied warranties of merchantability and fitness for a particular purpose. Each customer is responsible for maintaining the confidentiality of his or her own password.
LIMITATION OF LIABILITY
Tenex Health does not assume any liability for the materials, information and opinions provided on, posted to, or otherwise available through, this website. Reliance on these materials, information and opinions is solely at your own risk. Tenex Health disclaims any liability for injury or damages resulting from the use of this website, or the content contained thereon.
This Tenex website, the site content, and the products and services provided on or available through this website are provided on an “as is” and “as available” basis, with all faults. In no event shall Tenex Health, or its subsidiaries, affiliates, vendors, or their respective directors, employees or agents (hereinafter “Tenex Health parties”) be liable for any damages of any kind, under any legal theory, arising out of or in connection with your use of, or inability to use, this website, the site content, any services provided on or through this website or any linked site, including any special, indirect, punitive, incidental, exemplary or consequential damages, including, but not limited to, personal injury, lost profits or damages resulting from delay, interruption in service, viruses, deletion of files or electronic communications, or errors, omissions or other inaccuracies in this website or the site content, whether or not there is negligence by Tenex Health and whether or not Tenex Health has been advised of the possibility of any such damages. Some states do not allow the limitation of liability, so this provision may not apply to you.
PLEASE BE AWARE THAT ADDITIONAL LEGAL NOTICES, DISCLAIMERS, AND OTHER TERMS AND CONDITIONS MAY APPLY TO THIS AND OTHER WEBSITES OWNED OR OPERATED BY TENEX HEALTH.
You agree that these terms and conditions describe the entire agreement between us with respect to its subject matter. TenexHealth.com was created and is operated under the laws of the state of Delaware. The laws of the state of Delaware will control the terms and conditions provided in these terms and conditions, without giving effect to any principles of conflict of laws. If a court of competent jurisdiction finds that any provision of these terms and conditions is invalid or unenforceable, you agree that the other provisions of these terms and conditions will remain in full force and effect. You agree that regardless of any applicable law to the contrary, you cannot file a claim or cause of action arising out of or related to TenexHealth.com or these terms and conditions more than one (1) year after such claim or cause of action arose.
You hereby indemnify Tenex Health and undertake to keep Tenex Health indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Tenex Health to a third party in settlement of a claim or dispute on the advice of Tenex Health’s legal advisers) incurred or suffered by Tenex Health arising out of any breach by you of any provision of these terms and conditions[, or arising out of any claim that you have breached any provision of these terms and conditions].
BREACHES OF THESE TERMS AND CONDITIONS
Without prejudice to Tenex Health other rights under these terms and conditions, if you breach these terms and conditions in any way, Tenex Health may take such action as Tenex Health deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
Tenex Health may transfer, sub-contract or otherwise deal with Tenex Health’s rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.
You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.
These terms and conditions constitute the entire agreement between you and Tenex Health in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.
QUESTIONS, COMMENTS, AND NOTICES
Tenex Health may deliver notice to you by electronic mail, a general notice on this website, or by written communication delivered by First Class U.S. Mail to your address on record with Tenex Health. You may deliver notice to Tenex Health by sending a letter to the following address:
Tenex Health Inc., 26902 Vista Terrace, Lake Forest, CA 92630