1. Ownership Rights
This “ACT Website,” located at advancedchemotech.com (and any subdomains thereof) and information provided by Advanced Chemotherapy Technologies, Inc. (“ACT”) at this website, is owned and operated by ACT. The ACT Website is protected by United States copyright law and international treaty provisions. You acknowledge that no title to the intellectual property in the ACT Website is transferred to you. No material from the ACT Website may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way by you, except that you may download one copy of the materials on any single computer for your personal, non-commercial use only, provided that you keep intact all copyright and other proprietary notices appearing on such materials. You may not modify, or create derivative works based upon, the ACT Website or any materials contained therein, in whole or in part. You must not (i) copy, download, or print information, including without limitation, medical provider and payor information, from the ACT Website through any means (including crawlers, browser plugins and add-ons, and any other technology or manual work) for commercial purposes; (ii) use manual or automated software, devices, scripts robots, other means or processes to access, “scrape,” “crawl” or “spider” the website or any related data or information, including without limitation, medical provider and payor information; or use bots or other automated methods to access the ACT Website. All rights not expressly licensed hereunder are reserved by ACT.
You agree that the ACT design marks, and the ACT logo(s) are trademarks, service marks or registered trademarks or registered service marks of ACT and are protected by U.S. and international trademark law. The ACT logo(s), all product and service names, and all trademarks and logos appearing on this Web Site, unless otherwise noted, are trademarks, service marks or registered trademarks or registered service marks and/or trade dress of ACT (the “Marks”). You agree not to display or use in any manner ACT’ any Marks or any confusingly similar mark without the prior express written permission of ACT. The names and logos of other companies and non-ACT products mentioned in materials appearing on the ACT Website are the trademarks or registered trademarks of their respective owners.
3. Warranty Disclaimer
The ACT Website and all elements thereof are provided on an “AS IS” basis without warranty of any kind, express or implied. ACT EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, OR ARISING FROM CUSTOM OR TRADE, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. ACT DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE ACT WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE ACT WEBSITE OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ACT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE CORRECTNESS, ACCURACY, OR RELIABILITY OF THE ACT WEBSITE OR ANY INFORMATION OR MATERIALS CONTAINED THEREIN. SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU, IN WHICH CASE, THE FOREGOING SHALL BE ENFORCEABLE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
4. Limitation of Liability
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE OR STRICT LIABILITY), CONTRACT, OR OTHERWISE), SHALL ACT OR ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST DATA, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER INTANGIBLE DAMAGES OR LOSSES, EVEN IF ACT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR. ACT’ AGGREGATE LIABILITY ARISING OUT OF THESE TERMS OR YOUR USE OF THE ACT WEBSITE SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100). SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU, IN WHICH CASE, THE FOREGOING SHALL BE ENFORCEABLE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
Unless otherwise specified, the materials in the ACT Website are presented solely for the purpose of promoting ACT and its products. The ACT Website is controlled by ACT from its offices within the State of North Carolina, USA. ACT makes no representation that materials in the ACT Website are appropriate or available for use in other locations outside the United States. Neither the ACT Website nor any underlying information or technology may be downloaded or otherwise exported or re-exported: (i) into (or to a national or resident of) Cuba, Iran, Libya, North Korea, Sudan, Syria or any other country to which the United States has embargoed goods; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nations or the U.S. Commerce Department’s Table of Denial Orders. By using any element of the ACT Website, you are agreeing to the foregoing and you are certifying that you are not located in, under the control of, or a national or resident of, any such country or on any such list. In addition, you are responsible for complying with any and all local laws in your jurisdiction which may impact your right to use the ACT Website.
9. Date of Last Revision
May 22nd, 2018