![]() |
![]() |
![]() |
|
AED Risk Insights General Legal Notice The information contained on this site is for general guidance on matters of interest only. The application and impact of laws and regulations can vary widely based on the specific facts involved. Given the changing nature of laws, rules and regulations, and the inherent hazards of electronic communication, there may be delays, omissions or inaccuracies in information contained on this site. Accordingly, the information on this site is provided with the understanding that AED Risk Insights is not engaged in rendering legal advice and services. As such, the information should not be used as a substitute for consultation with legal advisers or other competent professionals. "AED RISK INSIGHTS", "AED LAWS ONLINE" and “AED PROGRAM INTELLIGENCE, along with any of our product or services names and logos are trademarks of AED Risk Insights, Inc., and may not be copied, imitated or used, in whole or in part, without our prior written permission. You may not use any meta tags or any other "hidden text" utilizing our trademarks without our permission. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of AED Risk Insights, and may not be copied, imitated, or used, in whole or in part, without our prior written permission. All other trademarks mentioned on the site are the property of their respective owners. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship or recommendation by us. While we have made reasonable efforts to ensure that the information contained on this site has been obtained from reliable sources, AED Risk Insights is not responsible for any errors or omissions, or for the results obtained from the use of this information. All information in this site is provided "as is," with no guarantee of completeness, accuracy, timeliness or of the results obtained from the use of this information, and without warranty of any kind, express or implied, including, but not limited to warranties of performance, merchantability and fitness for a particular purpose. In no event will AED Risk Insights, or its agents or employees, be liable to you or anyone else for any decision made or action taken in reliance on the information in this site or for any direct, consequential, special or similar damages, even if advised of the possibility of such damages. Certain links in this site may connect to other sites maintained by third parties over whom AED Risk Insights has no control. AED Risk Insights makes no representations as to the accuracy or any other aspect of information contained in other sites. AED RISK INSIGHTS RESOURCES PLEASE READ CAREFULLY: This AED Risk Insights Resources License Agreement ("Agreement") governs your use of the Resources area of our site and other information related to the deployment and use of AEDs in public settings ("Resources") provided by AED Risk Insights, Inc. ("Company" or "us" or "we"), including AED Laws Online™, through the Web site currently located at www.AEDRiskInsights.com ("Site"). By accessing and using the Resources, you acknowledge that you have read this Agreement and agree to be bound by the following terms and conditions. If you do not agree to these terms, do not use or continue to use the Resources. THE INFORMATION AVAILABLE FROM THE SITE IS FOR INFORMATIONAL PURPOSES ONLY AND IS NOT FOR THE PURPOSE OF PROVIDING LEGAL ADVICE. USE OF AND ACCESS TO THE SITE OR ANY OF THE LINKS CONTAINED WITHIN THE SITE DOES NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP. BECAUSE LEGAL ADVICE MUST BE TAILORED TO THE FACTS AND LAW OF EACH SITUATION AND LAWS ARE CONSTANTLY CHANGING, THE INFORMATION PROVIDED ON THE SITE SHOULD NOT BE USED AS A SUBSTITUTE FOR THE ADVICE OF AN ATTORNEY. YOU SHOULD CONSULT YOUR ATTORNEY BEFORE MAKING ANY DECISION OR TAKING ANY ACTION BASED ON THE INFORMATION AVAILABLE ON THE SITE. 1. License: Your purchase and/or use of the Resources is subject to the following license terms. 1.1 License Grant. Subject to the terms and conditions of this Agreement, including the limitations set forth in Section 1.4 below, AED Risk Insights grants you a non-exclusive, non-transferable license to use the Resources for personal or internal business purposes only. 1.2 Posting of AED Laws Online. Upon registration on our Site, AED Risk Insights will authorize you to access AED Laws Online. 1.3 Updates. AED Risk Insights periodically updates AED Laws Online as states amend, repeal or supplement covered AED laws. Updated AED Laws Online information can be viewed by visiting our Site. 1.4 License Limitations. This License sets forth the entirety of your rights to the Resources. AED Risk Insights reserves all rights to the Resources not expressly granted to you under this License, including, without limitation, exclusive ownership of all intellectual property rights associated with the Resources. Without limiting the generality of the foregoing, this License does not include the right to, and, without the prior written consent of AED Risk Insights, you are not permitted to: (a) sublicense, distribute, sell, lend, give, rent, lease or otherwise transfer all or any portion of the Resources to any third party; (b) publish, display, or distribute to any third party any of the information contained in the Resources, including reproduction or posting on any computer network or broadcast or publications media; (c) adapt, modify, translate, alter or create any derivative works of the Resources; (d) remove, obscure or alter any copyright, trademark or other intellectual property right notice, any disclaimers of warranties or limitations of liability of AED Risk Insights included with or on the Resources; or (e) engage in or permit any other unauthorized use. You acknowledge that the Resources involve valuable intellectual property rights of AED Risk Insights, and you will not contest or challenge AED Risk Insight's ownership of the Resources or associated intellectual property rights. 2. Content Changes. We have sole discretion as to the operation, availability and scope of the Resources. We reserve the right to limit, modify, expand, update or otherwise change the Resources or modify the terms of this Agreement. If you do not agree to any such change, your sole remedy is to immediately terminate your use of the Resources. Your continued use of the Resources once any change takes effect will constitute your acceptance of the change. 3. Links. We make no claim or representation regarding, and accept no responsibility for, the quality, content, nature or reliability of sites accessible through links on the Site. Any linked sites are not under our control and we are not responsible for their content. We are providing these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement, or adoption by us of the site or any information contained therein. When leaving the Site, you should be aware that our terms and policies no longer govern, and, therefore, you should review the applicable terms and policies of that site. 4. Registration Information. During the Resources registration process, you will be required to provide your name, address and other information. You agree that we may use this information for marketing and other purposes and disclose this information to third parties for the same purposes. 5. Reservation of Rights. We are the exclusive owner of and, except for the license granted in this Agreement, retain all right, title and interest including, but not limited to, all copyrights, trademarks, patents, trade secrets, and any other proprietary rights thereto (collectively, "Proprietary Rights") to all Resources, computer software (in object code and source code form), data or information developed or provided by us, and to any know-how, methods, equipment, or processes used by us to provide the Resources or Site to you. 6. Trademarks. "AED RISK INSIGHTS", "AED LAWS ONLINE", and “AED PROGRAM INTELLIGENCE” along with any of our product names and logos are trademarks of the Company, and may not be copied, imitated or used, in whole or in part, without our prior written permission. You may not use any meta tags or any other "hidden text" utilizing our trademarks without our permission. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of AED Risk Insights, and may not be copied, imitated, or used, in whole or in part, without our prior written permission. All other trademarks mentioned on the Site are the property of their respective owners. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us. 7. Reserved 8. Disclaimers; Limitation of Liability 8.1 Disclaimer. It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all Resources, services and other information provided on or through the Site. THE SITE AND RESOURCES ARE PROVIDED "AS IS" OR "AS AVAILABLE." YOU WAIVE, RELEASE AND RENOUNCE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, BY US WITH RESPECT TO THE SITE, THE AED LAW CONTENT, OR OUR SYSTEMS, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT, OR ANY WARRANTY ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE, OR ANY WARRANTY THAT THE SITE CONTAINS A COMPLETE COMPILATION OF STATUTES, REGULATIONS OR OTHER AUTHORITIES. 8.2 Limitation of Liability. WE WILL HAVE NO LIABILITY FOR ANY DIRECT, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOSS OF PROFIT, REVENUE AND USE) ARISING OUT OF OR IN ANY WAY CONNECTED WITH THIS AGREEMENT OR THE SITE, RESOURCES OR OTHER MATERIALS FURNISHED HEREUNDER, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 8.3 Limitation of Remedy. THE TOTAL LIABILITY OF AED RISK INSIGHTS FOR ANY REASON AND UPON ANY CAUSE OF ACTION WILL BE LIMITED TO THE AMOUNT ACTUALLY PAID TO THE COMPANY BY YOU UNDER THIS AGREEMENT. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE, INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS, AND OTHER TORTS. 9. Indemnification. You agree to indemnify, defend and hold harmless us and all employees, officers, directors and agents of us and any of our affiliates from and against any and all claims, suits, actions, demands or proceedings (whether threatened, asserted, or filed) and all related damages, losses, liabilities, cost and expenses (including, but not limited to, reasonable attorneys' fees and the cost of enforcement of this indemnity) arising out of or relating to: (a) any violation or breach by you of any term of this Agreement; or (b) your use of the Site or Resources. 10. General Provisions 10.1 Force Majeure. We will be excused from performance hereunder to the extent that performance is prevented, delayed or obstructed by causes beyond our reasonable control, including but not limited to, acts of God (fire, storm, floods, earthquakes, etc.), acts of terrorism, labor disputes, civil disturbances, satellite launch failures, disruption of satellite transponder, telecommunications, power or other essential services, or interruption or termination of service by any service provider being used by us, or any malicious or unlawful acts of any third party. 10.2 Waiver; Amendment. Except as expressly provided herein, the failure of either party to enforce its rights under this Agreement at any time for any period will not be construed as a waiver of such rights. Except as expressly provided by this Agreement, no term or condition of this Agreement may be modified without the prior written consent of the parties. 10.3 No Assignment. You may not assign, without the prior written consent of us, any rights, duties or obligations under this Agreement to any person or entity, in whole or in part, whether by assignment, merger, transfer of assets, sale of stock, operation of law or otherwise, and any attempt to do so will be void. We may assign this Agreement at any time without notice to you. 10.4 Notice. All notices and other communications required or permitted hereunder will be in writing and delivered in person, by courier, prepaid certified or registered U.S. mail, facsimile with confirmation, or e-mail with return receipt to the parties. Notice will be effective when received. We will send notice to you in accordance with the information submitted by you during the registration process or as otherwise specified by you in writing. You will provide notice to us at the following: AED Risk Insights, Inc. 10.5 Jurisdiction; Applicable Law. This Agreement will be governed by and construed in accordance with the laws of the State of Oregon notwithstanding any conflict of law rules to the contrary. You agree that any action at law or in equity arising out of or relating to this Agreement or the use of our Service will be filed only in state or federal court located in Washington County, Oregon, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any such suit, action or proceeding. Any cause of action or claim you may have in regard thereto must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. 10.6 Entire Agreement; Construction. This Agreement constitutes the complete and exclusive statement of agreement between the parties, and supersedes and merges all prior proposals and all other agreements, oral and written, between the parties relating to the subject matter of this Agreement. In the event that any provision of this Agreement will be determined to be illegal or unenforceable, that provision will be eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Headings herein are for convenience of reference only and will in no way affect interpretation of this Agreement.
|
![]() |
AED Risk Insights © 2008 • Privacy Policy • Terms Of Use • Home • Services • Resources • About Us • Partnerships • Contact | ![]() |