(A) This Agreement, which incorporates by reference other provisions applicable to use of all websites owned or operated by Invacare Corporation, sets forth the terms and conditions that apply to use of Invacare websites by Subscriber."Subscriber" means each person who establishes or accesses a connection ("Account") for access to and use of any Invacare website. By using any Invacare website (other than to read this Agreement for the first time), Subscriber agrees to comply with all of the terms and conditions hereof. The right to use any Invacare website is personal to Subscriber and is not transferable to any other person or entity. Subscriber is responsible for all use of Subscriber's Account (under any screen name or password) and for ensuring that all use of Subscriber's Account complies fully with the provisions of this Agreement. Subscriber shall be responsible for protecting the confidentiality of Subscriber's password(s), if any
(B) Invacare shall have the right at any time to change or discontinue any aspect or feature of any Invacare website, including, but not limited to, content, hours of availability, and equipment needed for access or use.
2. Changed Terms; Equipment Used.
Invacare shall have the right at any time to change or modify the terms and conditions applicable to Subscriber's use of any Invacare website, or any part thereof, or to impose new conditions. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on any Invacare website, or by electronic or conventional mail, or by any other means by which Subscriber obtains notice thereof. Any use of any Invacare website by Subscriber after such notice shall be deemed to constitute acceptance by Subscriber of such changes, modifications or additions. Subscriber shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of any Invacare website and all charges related thereto.
3. Subscriber Conduct.
(A) Subscriber shall use each Invacare website for lawful purposes only. Subscriber shall not post or transmit through any Invacare website any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive,defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without Invacare's express prior approval, contains advertising or any solicitation with respect to products or services. Any conduct by a Subscriber that in Invacare's discretion restricts or inhibits any other Subscriber from using or enjoying any Invacare website will not be permitted. Subscriber shall not use any Invacare website to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of users to become subscribers of other on-line information services competitive with any Invacare website.
(B) Invacare websites contain copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of any Invacare website are copyrighted as a collective work under the United States copyright laws. Invacare owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. Subscriber may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. Subscriber may download copyrighted material for Subscriber's personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of Invacare and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. Subscriber acknowledges that it does not acquire any ownership rights by downloading copyrighted material.
(C) Subscriber shall not upload, post or otherwise make available on any Invacare website any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with Subscriber. Subscriber shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to any public area of any Invacare website, Subscriber automatically grants, or warrants that the owner of such material has expressly granted Invacare the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. Subscriber also permits any other Subscriber to access, view, store or reproduce the material for that Subscriber's personal use. Subscriber hereby grants Invacare the right to edit, copy, publish and distribute any material made available on any Invacare website by Subscriber.
(D) The foregoing provisions of this section are for the benefit of Invacare, its subsidiaries, affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.
4. Disclaimer of Warranty; Limitation of Liability.
(A) SUBSCRIBER EXPRESSLY AGREES THAT USE OF EACH INVACARE WEBSITE IS AT SUBSCRIBER'S SOLE RISK. NEITHER INVACARE, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT ANY INVACARE WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF ANY INVACARE WEBSITE, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH ANY INVACARE WEBSITE.
(B) EACH INVACARE WEBSITE IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
(C) THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. SUBSCRIBER SPECIFICALLY ACKNOWLEDGES THAT INVACARE IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER SUBSCRIBERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH SUBSCRIBER.
(D) INVACARE WEBSITES OFFER MEDICAL PRODUCT AND HEALTH INFORMATION, BUT THEY ARE DESIGNED FOR EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY. THE INFORMATION CONTAINED ON INVACARE WEBSITES DOES NOT AND IS NOT INTENDED TO CONVEY MEDICAL ADVICE AND DOES NOT CONSTITUTE THE PRACTICE OF MEDICINE. SUBSCRIBER SHOULD NOT RELY ON THIS INFORMATION AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. IF SUBSCRIBER HAS ANY CONCERNS OR QUESTIONS ABOUT HIS OR HER HEALTH, SUBSCRIBER SHOULD ALWAYS CONSULT WITH A PHYSICIAN OR OTHER HEALTH-CARE PROFESSIONAL FOR PERSONAL MEDICAL ADVICE OR TREATMENT. SUBSCRIBER SHOULD NOT DISREGARD, AVOID OR DELAY OBTAINING MEDICAL OR HEALTH RELATED ADVICE FROM HIS OR HER HEALTH-CARE PROFESSIONAL BECAUSE OF SOMETHING HE OR SHE MAY HAVE READ ON ANY INVACARE WEBSITE. INVACARE IS NOT RESPONSIBLE FOR ANY ACTIONS OR INACTION ON SUBSCRIBER'S PART BASED ON THE INFORMATION THAT IS PRESENTED ON ANY INVACARE WEBSITE. SUBSCRIBER'S ACCESS AND USE OF ANY INVACARE WEBSITE DOES NOT IN ANY WAY CREATE A PHYSICIAN/PATIENT, CONFIDENTIAL OR PRIVILEGED RELATIONSHIP, OR ANY OTHER RELATIONSHIP THAT WOULD GIVE RISE TO ANY DUTIES ON INVACARE'S PART OR THE PART OF ITS CONTRIBUTORS. INVACARE DOES NOT RECOMMEND OR ENDORSE ANY SPECIFIC TESTS, PHYSICIANS, PROCEDURES, OPINIONS, OR OTHER INFORMATION THAT MAY APPEAR ON ANY INVACARE WEBSITE. SUBSCRIBER'S USE OR RELIANCE ON ANY INFORMATION PROVIDED ON ANY INVACARE WEBSITE BY INVACARE, ITS CONTRIBUTORS, LICENSORS, THIRD PARTY CONTENT PROVIDERS, OR OTHER SUBSCRIBERS IS SOLELY AT SUBSCRIBER'S OWN RISK.
(E) IN NO EVENT WILL INVACARE, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING ANY INVACARE WEBSITE OR UTILIZED SOFTWARE, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE ANY INVACARE WEBSITE. SUBSCRIBER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON EACH INVACARE WEBSITE.
(F) PRIOR TO THE EXECUTION OF A STOCK TRADE, SUBSCRIBERS ARE ADVISED TO CONSULT WITH A BROKER OR OTHER FINANCIAL REPRESENTATIVE TO VERIFY PRICING OR OTHER INFORMATION THAT MAY APPEAR ON OR BE ACCESSIBLE VIA AN INVACARE WEBSITE. INVACARE, ITS AFFILIATES, INFORMATION PROVIDERS AND CONTENT PARTNERS DO NOT WARRANT OR GUARANTEE THE TIMELINESS, SEQUENCE, ACCURACY OR COMPLETENESS OF SUCH INFORMATION. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF ANY SUCH INFORMATION.
Invacare shall have the right, but not the obligation, to monitor the content of any Invacare website, including chat rooms and forums, to determine compliance with this Agreement and any operating rules established by Invacare and to satisfy any law, regulation or authorized government request. Invacare shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on any Invacare website. Without limiting the foregoing, Invacare shall have the right to remove any material that Invacare, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
Subscriber agrees to defend, indemnify and hold harmless Invacare, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of the use of any Invacare website by Subscriber or Subscriber's Account.
Either Invacare or Subscriber may terminate this Agreement at any time. Without limiting the foregoing, Invacare shall have the right to immediately terminate Subscriber's Account in the event of any conduct by Subscriber which Invacare, in its sole discretion, considers to be unacceptable, or in the event of any breach by Subscriber of this Agreement. The provisions of Sections 3(B), 3(C), 3(D), 4, 6, 7 and 9 shall survive termination of this Agreement.
Invacare, the Invacare blue medallion design logo and Yes, You Can. are trademarks of Invacare Corporation registered in the United States and many foreign countries, as are the brand names of the products featured on any Invacare website, unless otherwise noted. All rights reserved.
This Agreement and any operating rules for any Invacare website established by Invacare constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. This Agreement shall be construed in accordance with the laws of the State of OHIO, without regard to its conflict of laws rules. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.
10. Copyrights and Copyright Agent.
Invacare respects the rights of all copyright holders. If you believe that your work has been copied in a way that may or does constitute copyright infringement, please provide Invacare's Legal Department the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. 512:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
3. 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 us to locate the material;
4. Information reasonably sufficient to permit us to contact the complaining party;
5. 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
6. 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.
For copyright inquiries under the Digital Millennium Copyright Act, please contact:
Attn: Legal Dept. Copyright Affairs
One Invacare Way
Elyria, Ohio 44035
Phone: (800) 333-6900
Fax: (440) 329-6975
For any questions or requests other than copyright issues, please contact firstname.lastname@example.org