Terms Of Use

This statement is effective as of 3.09.2009

Use of this website signifies your agreement to the Terms of Use so read the terms carefully before using our Website.

Welcome to the website ("our Website") of digiMedical Solutions, Inc. ("digiMedical Solutions").

digiMedical Solutions makes available to you a wide range of information, software, products, downloads, documents, communications, files, text, graphics, publications, content, tools, forums, resources, and services on our Website.

This document explains the following Terms and Conditions for using the digiMedical Solutions, Inc. Web Site:

Use of this website in any way, without limitation, including browsing the website, using any information, using any content, using any services, downloading any materials, and/or placing an order for products or services, you agree to and are bound by the terms and conditions presented in this document ("Terms of Use").

The Terms of Use are entered into by you and digiMedical Solutions. If you are using this website as an employee or through a business relationship with a company, you represent that you are authorized to accept these Terms of Use on behalf of that company. 

digiMedical Solutions reserves the right, at our sole discretion, to change, modify, update, add, or remove portions of the Terms of Use at any time without notice to you. Please check these Terms of Use for changes. Your continued use of this website following the posting of changes to the Terms of Use will mean you accept those changes.

All materials contained in the website are the copyrighted property of digiMedical Incorporated.

All trademarks, service marks, and trade names are proprietary to digiMedical Solutions and/or its business partners.

You must receive written permission from digiMedical Solutions to reproduce, transfer, or modify any material on our Website.

digiMedical Solutions respects your desire for privacy and understands its information privacy obligations to customers. digiMedical Solutions' Privacy Policy can be found at:

www.digiMedical.com/Privacy/PrivacyStatement.aspx

By using the website, you are consenting to the processing of your data by digiMedical Solutions and consenting to the terms of our Privacy Statement.

Any software that is made available to download from the website ("Software") is the copyrighted work of digiMedical Incorporated.

Use of all Software is governed by the terms of the end user license agreement ("License Agreement").   digiMedical Solutions expressly prohibits the use of any software without purchasing the right to use the software by agreeing to the terms of the License Agreement.

Copyright infringement may result in severe civil and criminal penalties.  digiMedical Solutions and its principles will seek maximum damages permitted under the law for any and all copyright violations.

digiMedical Solutions may publish FAQ's, white papers, datasheets, press releases, etc. on our Website. 

The user may download these publications for personal use only (non-commercial use).  The 'digiMedical Solutions, Inc.' copyright notice must be retained in all publications and the use of digiMedical Solutions graphics, trademarks, and other identifying material cannot be altered or used without express written permission of digiMedical Solutions.

digiMedical Solutions reserves the right to revoke permission to use any material downloaded from our Website.

digiMedical Solutions expressly disclaims all warranties either expressed or implied, including warranties of merchantability or fitness for a particular purpose for all software and materials published on our Website.

In no event shall digiMedical Solutions and/or its business partners be liable for any special, indirect or consequential damages or any damages that result from the use of our Website and/or the content posted to our Website.  This includes software, documents, materials, publications, and press releases, etc.

You assume all risk associated with the suitability and accuracy of information presented on our Website.  digiMedical Solutions assumes no responsibility for inaccuracies, errors, or omissions in the content published on our Website.

digiMedical Solutions reserves the right to alter the design and content of our Website at any time without notice.

Our Website may contain links to third-party Websites that digiMedical Solutions does not control.  Therefore, digiMedical Solutions is not responsible for the content contained on those websites and does not imply that digiMedical Solutions enforces the content on those websites.

Our Website may require you to register with digiMedical Solutions by opening an account.  The account holder is obligated to provide true and honest information and keep this information updated at all times.

Each account comes with a username/password and the account holder is responsible for keeping your account information private.

The account holder is responsible for all activity associated with the account, including unauthorized use of the account.  Any security breach related to an account must be promptly reported to digiMedical Solutions.

The account holder consents for digiMedical Solutions to display account information via the services and accepts all risks of unauthorized access of account information.

digiMedical Solutions may suspend or terminate your account if digiMedical Solutions suspects that the information contained in the account is not accurate, truthful, or kept up to date.

Persons using our Website agree not to use it for any unlawful or prohibited purpose.  This agreement extends to the user damaging, disabling, impairing any digiMedical Solutions computer server.

Users will not attempt to gain unauthorized access to services, materials, other accounts, computer systems or networks connected to the digiMedical Solutions server.

digiMedical Solutions will seek all available legal remedies including criminal prosecution for those who violate this agreement.

The website may contain e-mail services, bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, image albums and/or other message or communication facilities designed to enable you to communicate with others (each a "Communication Service" and collectively "Communication Services").

You agree to use generally recognized Internet etiquette while using the Communication Services and only post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service.

digiMedical Solutions has no obligation to monitor the Communication Services. However, digiMedical Solutions reserves the right to review materials posted to the Communication Services and to remove and/or edit any materials in its sole discretion. digiMedical Solutions reserves the right to terminate your access to any or all of the Communication Services at any time, without notice, for any reason whatsoever.

digiMedical Solutions reserves the right at all times to disclose any information as digiMedical Solutions deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in digiMedical Solutions’ sole discretion.

Materials uploaded to the Communication Services may be subject to posted limitations on usage, reproduction and/or dissemination; you are responsible for adhering to such limitations if you download the materials.

digiMedical Incorporated will investigate notices of copyright infringement and take appropriate actions under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) ("DMCA"). Pursuant to the DMCA, written notification of claimed copyright infringement must be submitted to the following Designated Agent for this website:

Designated Agent:

Claims Manager
5400 Rustic Trail, Suite B Colleyville, TX  76034
Office Phone:  (817) 503-8880  email: Support@digiMedical.com

Our Website is not to be used to facilitate the transmission of spam or other unsolicited email.  Activity of this nature is considered a violation of the Terms of Use for our Website.  digiMedical Solutions will obtain injunctive relief against those responsible for these transmissions and will seek civil and criminal remedies to recover damages from these activities. 

digiMedical Solutions reserves the right to block, filter or delete unsolicited e-mail.

You agree to indemnify, defend and hold digiMedical Solutions and its business partners harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your Submissions, your use of our Website, including any use by your employees, your connection to the website, your violation of the Terms of Use, or your violation of any rights of another.

digiMedical Solutions may run advertisements and promotions from third parties on the website. The manner, mode and extent of advertising by digiMedical Solutions are subject to change.

Your business transactions and participation in any third-party promotions are solely between you and the third-party. 

digiMedical Solutions is not liable for any loss or damage of any kind incurred as the result of third-party business transactions.

COPYRIGHT NOTICE: Copyright © 2004-2009 digiMedical Incorporated, 5400 Rustic Trail, Suite B Colleyville TX 76034 USA. 

All Rights Reserved. Use, duplication, or disclosure by the United States Government is subject to the restrictions set forth in DFARS 252.227-7013(c)(1)(ii) and FAR 52.227-19.

Any use of example names (companies, products, domain names, email addresses, or events) is fictitious and no association with the real world entities is intended or inferred on the behalf of digiMedical Solutions.

The Terms of Use constitute the entire agreement between you and digiMedical Solutions and govern your use of the website, superseding any prior agreements between you and digiMedical Solutions on the subject matter (including, but not limited to, any prior versions of the Terms of Use).

Texas law and controlling U.S. federal law govern any action related to the Terms of Use, without regard to the principles of choice of law.

digiMedical Solutions reserves the right to operate our Website from any location or through any third-party that it designates in the United States.  Therefore, if you use our Website from multiple locations, you are responsible for complying with local laws as they relate to the internet.

You acknowledge and agree that material on this website is subject to the U.S. Export Administration Laws and Regulations. Diversion of such material contrary to U.S. law is prohibited.

You agree that none of the material on this website, nor any direct product there from, is being or will be acquired for, shipped, transferred, or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals, nor be used for nuclear activities, chemical biological weapons, or missile projects unless authorized by the U.S. Government.

Proscribed countries are set forth in the U.S. Export Administration Regulations and you must comply with the list as it exists in fact. You certify that you are not on the U.S. Department of Commerce's Denied Persons List or affiliated lists or on the U.S. Department of Treasury's Specially Designated Nationals List. You agree to comply strictly with all U.S. export laws and assume sole responsibility for obtaining licenses to export or re-export as may be required.

The failure of digiMedical Solutions to exercise or enforce any right or provision of the Terms of Use does not constitute a waiver of such right or provision.

If a court of competent jurisdiction finds any provision of the Terms of Use to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect.

Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the website or the Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms of Use are for convenience only and have no legal or contractual effect.

If you have any questions or concerns about digiMedical Solutions’ use of your information or about this Online Privacy Statement, please send an e-mail to webmaster