TERMS AND CONDITIONS
Effective Date: August 22, 2020
This terms and conditions (“Terms”) is between you and Core Medical Designs (“we,” “us,” “ours,” or “CMD”), the owner. By visiting https://www.coremedicaldesigns.com/ (the “Site”) you are agreeing to these Terms.
CMD owns the content during and after customers purchase. If you would like exclusive content please contact CMD at firstname.lastname@example.org.
“Customer, “User,” “You”- person who buys or uses website
CMD- creator and owner of all the images, Works and Site (collectively, the “Works”).
“Use” means reproduce, copy, edit, display, broadcast, modify, publish, or otherwise make use of the Works
CHANGES TO THE TERMS
We may revise and update these Terms from time to time in CMD’s sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Site thereafter.
FINANCIAL TRANSACTIONS AND ACCOUNTS
You acknowledge and agree that CMD is authorized, but not required, to act on payment instructions received from you. You authorize CMD or its third party payment processors to (a) initiate debits or charges against your financial account or credit card periodically for the amount then due for Site and Works or other charges due (if any); and (b) initiate any other debits or credits authorized by you or anyone using an account registered to you. All payments must be made in U.S. dollars from a U.S. bank or via alternative payment methods made available by CMD . You acknowledge that transactions may be facilitated by a third party payment processor, and agree that CMD may receive from and share with third party payment processors your information, including information about your financial accounts. You are responsible for paying all taxes on any Works purchased or other charges. If CMD is obligated to collect any taxes, such taxes will be added to your account.
INTELLECTUAL PROPERTY RIGHTS
The Site and Works and their entire contents, features, and functionality including, but not limited to, all information, software, text, displays, images, video, audio, and the design, selection, and arrangement thereof are owned by CMD or other providers of such material, and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. Unless otherwise provided herein or agreed to by the parties, these Terms only permit you to use the Site and Works for your personal, non-commercial use. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any the material on our Site and Works, except as follows:
• Your computer may temporarily store copies of such material in RAM incidental to your accessing and viewing those materials;
• You may store files that are automatically cached by your web browser for display enhancement purposes;
• You may download one copy of the Product for your own personal, non-commercial use, and not for further reproduction, publication, or distribution; and
• If we provide social media features with certain content, you may take such actions as are enabled by such features.
You must not: (i) modify copies of any materials from the Site and Works; (ii) use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text; or (iii) delete or alter any copyright, trademark, or other proprietary rights or notices from copies of materials from the Site and Works.
You must not access or use for any commercial purposes any part of the Site and Works or any materials made available through the Site and Works. If you wish to make any use of material on the Site and Works other than that set out in this section, please address your request to email@example.com. If you print, copy, modify, download, use, or provide any other person with access to any part of the products in breach of the Terms, your right to use the Site and Works will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Site and Works or any content on the Site and Works is transferred to you, and all rights not expressly granted are reserved by CMD. Any use of the Site and Works not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.
TRADEMARKS/ SITE AND WORKS MARKS, LOGOS, SLOGANS, AND TAGLINES
All trademarks, Site and Works marks, logos, slogans, and taglines displayed on or through the Site and Works are property of CMD or their respective owners and nothing contained herein should be construed as granting any license or right to use any trademarks, Site and Works marks, logos, slogans, or taglines displayed on or through the Site and Works without the express written permission of CMD, or such third party that may own the trademark, Site and Works mark, logo, slogan, or tagline.
CMD is always interested in hearing from you regarding our Works and Site and Works, or questions or comments about our Site and Works. However, unless we directly ask you for a submission in some form, please do not submit to us ideas, notes, drawings, concepts or other information (collectively, “Submissions”). When you submit either solicited or unsolicited Submissions, you grant CMD a perpetual, non-exclusive, irrevocable, fully-paid, royalty-free, sub-licensable, and transferable (in whole or part) worldwide license under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights, and other intellectual property rights you own or control to use, reproduce, transmit, display, exhibit, distribute, index, comment on, modify, create derivative works based upon, perform, and otherwise exploit such Submissions, in whole or in part, in all media formats and channels now known or hereafter devised for any and all purposes including entertainment, news, advertising, promotional, marketing, publicity, trade or commercial purposes, all without further notice to you, with or without attribution, and without the requirement of any permission from or payment to you or to any other person or entity.
You may use the Site and Works only for lawful purposes and in accordance with these Terms. You agree not to access or use the Site and Works in any unlawful way or for an unlawful or illegitimate purpose, including without limitation in any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries.) You shall not post or transmit via the Site (a) a message or information under a false name; (b) information that is unlawful, libelous, defamatory, obscene, fraudulent, predatory of minors, harassing, threatening, or hateful to any person; (c) information that infringes or violates any of the intellectual property rights of others or the privacy or publicity of others; or (d) promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age. You shall not attempt to disrupt the operation of the sSite and Works in any manner, including through the use of methods such as denial-of-service attacks, flooding, or spamming, and you will not transmit, distribute, introduce, or otherwise make available in any manner through the Site and Works any computer virus, keyloggers, spyware, worms, Trojan horses, time bombs, or any other malicious or harmful code. You shall not use the Site and Works in any manner that could damage, disable, or impair our Site or networks. You shall not attempt to gain unauthorized access to any computer systems or networks, through hacking, password mining, or any other means. You shall not use any robot, scraper, or other means to access the Site. Furthermore, you shall not impersonate or attempt to impersonate CMD , a CMD employee, another user, or any other person or entity, or engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site and Works, or which, as determined by us, may harm CMD or the users of the Site or expose them to liability.
COOPERATION WITH LAW ENFORCEMENT
We have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of any posting materials on or through the Site and Works. YOU WAIVE AND HOLD HARMLESS CMD AND ITS AFFILIATES, LICENSEES, AND SITE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY OR ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER CMD , SUCH PARTIES, OR LAW ENFORCEMENT AUTHORITIES. LINKS TO THIRD PARTY WEBSITES.
The Site may contain links to third party websites such as Facebook®, Twitter®, Youtube®, Instagram® and LinkedIn®. Please be aware, however, that we do not control or monitor such third party websites and we are not responsible for any third party websites accessed through the Site and Works. Inclusion of, linking to or permitting the use or installation of any third party website does not imply that approval or endorsement thereof by us. If you decide to leave the site and access the third party website, you do so at your own risk and you should be aware that these Terms no longer apply to your usage of such third party websites.
INSECURITY OF THE INTERNET
You understand that we cannot and do not guarantee or warrant that files available for downloading from the Internet or the site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Site and Works for any reconstruction of any lost data.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE AND WORK, ANY WORKS OR ITEMS OBTAINED THROUGH THE SITE, YOUR DOWNLOADING OF ANY MATERIAL POSTED ON THE SITE, OR ANY SITES LINKED TO IT. CMD ASSUMES NO RESPONSIBILITY FOR ANY LOSS, DAMAGES, LIABILITIES ARISING FROM THE FAILURE OF ANY TELECOMMUNICATIONS INFRASTRUCTURE, THE INTERNET, OR FOR YOUR MISUSE OF ANY ADVICE, SUBMISSIONS, IDEAS, INFORMATION, INSTRUCTIONS, OR GUIDELINES ACCESSED THROUGH THE SITE AND WORKS. THE INFORMATION AND WORKS OFFERED ON OR THROUGH THE SITE AND ANY REFERENCED THIRD PARTY WEBSITES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. THIS INCLUDES ANY PRODUCT PROVIDED INCLUDED ON THE SITE. ANY THIRD PARTY SERVICE PROVIDERS ARE SUPPLIED AS A CONVENIENCE TO YOU, AND THE LISTING OF SUCH DOES NOT CONSTITUTE SPONSORSHIP, AFFILIATION, PARTNERSHIP, OR ENDORSEMENT. CMD DISCLAIMS ALL EXPRESSED AND IMPLIED WARRANTIES TO THE FULLEST EXTENT OF THE LAW, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. CMD DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE AND WORKS, OR CONTENT OR IMAGES SUBMITTED OR POSTED ON THE SITE OR WORKS IN TERMS OF ITS OWNERSHIP, VALIDITY, CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY, OR OTHERWISE, INCLUDING CONTENT AND IMAGES POSTED BY USERS OF THE SITE AND WORKS. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. LIMITATION OF LIABILITY TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL CMD OR ITS DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU FOR SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR ANY OTHER MATERIALS OR WORKS PROVIDED TO YOU BY CMD . IN NO EVENT SHALL CMD, ITS DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU FOR DIRECT DAMAGES COLLECTIVELY IN AN AGGREGATE AMOUNT EXCEEDING ONE HUNDRED DOLLARS (US $100). THE FOREGOING LIMITATIONS SHALL APPLY REGARDLESS OF WHETHER THE DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT, OR ANY OTHER LEGAL THEORY OR FORM OF ACTION. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
You agree to indemnify, defend, and hold harmless CMD, its affiliates, officers, directors, employees, consultants, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorneys’ fees and costs) arising from your access to or use of the Site or Works, your violation of these Terms, or your infringement of any intellectual property or other right of any person or entity.
GOVERNING LAW AND JURISDICTION
All matters relating to the Site, Works and these Terms regarding any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Michigan, USA, without giving effect to any choice or conflict of law provision or rule (whether of the State of Michigan or any other jurisdiction). Any legal suit, action, or proceeding arising out of or related to these Terms or the Site shall be instituted exclusively in the federal courts of the United States or the courts of the State of Michigan in each case located in the City of Grand Rapids and the County of Kent, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
WAIVER AND SEVERABILITY
No waiver by CMD of any term or condition set out in these Terms shall be deemed a further or continuing waiver of any other term or condition, and any failure of CMD to assert a right or provision under these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
COPYRIGHT INFRINGEMENT CLAIMS
CMD respects the intellectual property rights of others. It is CMD’s policy to comply with the Digital Millennium Copyright Act, title 17, United States Code, Section 512, including, without limitation, responding to notices of alleged copyright infringement, and other applicable intellectual property laws. When reporting infringing material to CMD (“DMCA Notice”) please provide: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online website are covered by a single notification, a representative list of such works at that website; (c) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit CMD to locate the material; (d) information reasonably sufficient to permit CMD to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Pursuant to the Digital Millennium Copyright Act (17 U.S.C. § 512(c)(2)), CMD’s designated agent to receive notices and counter notices of claimed infringement is:
If you wish to report infringing materials other than for copyright infringement, please provide as much of the above information as possible. Although CMD reserves the right to remove any material that it believes in good faith to be infringing material that is used without authorization by any user of the Site, we are not obligated to do so except in accordance with the Digital Millennium Copyright Act. We also reserve the right to suspend or delete the account of any repeat offender.
These Terms and any other terms linked on the Site, including the Terms of Purchase https://www.coremedicaldesigns.com/ and Works, constitute the sole and entire agreement between you and CMD regarding the Site and Works and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Site and Works.
IF YOU HAVE COMMENTS OR CONCERNS LETS TALK
If you have questions, comments, concerns, or feedback regarding these Terms or the Site and Works, please contact CMD via any of the methods set forth below: