Legal Notice
Terms of Use
The following terms and conditions of use (“Agreement”) govern your access to and use of the website located at underhillmedical.com and any related mobile website (collectively, the “Website”) operated by Underhill Medical, LLC and its affiliates and subsidiaries (collectively “UNDERHILL MEDICAL,” “we,” “us,” or “our”) and are subject ot change without notice.
By accessing or using the Website, you agree to be bound by the terms and conditions of this Agreement.
Use of Materials, Information, and Resources
All content available through the Website, whether owned by UNDERHILL MEDICAL or licensed from third parties, is protected by copyright and other intellectual property laws.
UNDERHILL MEDICAL grants you a limited, non-transferable license to access and use the Website and download materials solely for your personal, non-commercial use. You may not copy, reproduce, distribute, modify, display, publish, sell, or otherwise use any content from the Website for public or commercial purposes without prior written permission from UNDERHILL MEDICAL.
You agree not to use the Website in violation of any applicable law or regulation.
Ownership and Intellectual Property
All content, materials, trademarks, logos, graphics, software, and other information available through the Website are owned by UNDERHILL MEDICAL, its licensors, or other third parties and are protected by United States and international copyright, trademark, and intellectual property laws.
Unauthorized use of any content may result in civil and criminal penalties. All ownership rights remain with the applicable rights holder.
Informational Purposes Only
All content and information contained on the Website are for general informational purposes only. It is not intended as medical or legal advice and should not be relied upon as such.
Minors
The Website is not intended for children under the age of 13.
Personal Information
Your use of the Website is also governed by UNDERHILL MEDICAL’s Privacy Policy, which is incorporated into this Agreement by this reference. The Privacy Policy explains how UNDERHILL MEDICAL collects, uses, and protects information obtained through the Website.
Links to Third-Party Websites
For your convenience, the Website may contain links to third-party websites or services. UNDERHILL MEDICAL does not control or endorse those websites and is not responsible for the content, accuracy, privacy practices, or availability of any third-party websites.
Account Security
If you create an account to access any portion of the Website, you are responsible for maintaining the confidentiality and security of your username and password.
You agree not to access another user’s account without that user’s express authorization. UNDERHILL MEDICAL is not responsible for any loss or damage resulting from unauthorized access caused by your failure to protect your account credentials.
Monitoring
UNDERHILL MEDICAL reserves the right, but is not obligated, to monitor activity and communications occurring through the Website at its sole discretion and without prior notice.
UNDERHILL MEDICAL may review, restrict, remove, or prohibit any content or transmissions that it believes violate this Agreement or are otherwise inappropriate.
Disclaimer of Warranties
The Website and all content, services, and materials are provided on an “as is” and “as available” basis without warranties of any kind.
To the fullest extent permitted by law, UNDERHILL MEDICAL DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, RELIABILITY, AND AVAILABILITY.
UNDERHILL MEDICAL does not guarantee that:
- The Website will operate uninterrupted or error-free;
- The Website will be secure;
- Defects will be corrected; or
- The Website or servers are free of viruses or other harmful components.
Some jurisdictions do not allow limitations on certain implied warranties, so some of the above limitations may not apply to you.
Limitation of Liability
To the fullest extent permitted by law, UNDERHILL MEDICAL SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES arising from or related to your use of, or inability to use, the Website or any content or services provided through it.
This limitation applies regardless of the legal theory asserted, including contract, negligence, tort, strict liability, or otherwise, even if UNDERHILL MEDICAL has been advised of the possibility of such damages.
You acknowledge that these limitations are a fundamental part of this Agreement and that the Website would not be provided without them.
Indemnification
You agree to indemnify, defend, and hold harmless UNDERHILL MEDICAL and its members, employees, agents, attorneys, contractors, affiliates, successors, and assigns from and against any claims, liabilities, damages, losses, expenses, or demands, including reasonable attorneys’ fees, arising out of or related to:
- Your use or misuse of the Website;
- Your violation of this Agreement; or
- Your violation of any law or rights of another party.
Modifications and Termination
UNDERHILL MEDICAL reserves the right to suspend, restrict, or terminate your access to the Website at any time and for any reason, without notice.
UNDERHILL MEDICAL may also modify, suspend, discontinue, or update any aspect of the Website, including products, services, or content, at any time without notice.
UNDERHILL MEDICAL reserves the right to revise the terms and conditions of this Agreement at its sole discretion. Continued use of the Website after changes are posted constitutes your acceptance of the revised Agreement.
Severability
If any provision of this Agreement is found to be unlawful, invalid, or unenforceable, that provision will be severed from the remaining provisions which will remain in full force and effect.
Governing Law
To the fullest extent permitted by law, this Agreement and any disputes arising from or relating to it shall be governed by the laws of the State of Wisconsin, without regard to conflict of law principles.
Any legal action or proceeding relating to this Agreement must be filed in Brown County Circuit Court, Green Bay, Wisconsin or in the U.S. District Court for the Eastern District of Wisconsin. Any claim or cause of action must be brought within one (1) year after the claim or cause of action arises, or it is permanently barred.
Entire Agreement
This Agreement constitutes the complete agreement between you and UNDERHILL MEDICAL regarding your use of the Website and supersedes all prior or contemporaneous agreements, communications, and understandings relating to the subject matter covered herein.