Site use

TERMS OF USE (Version 1.0) 08/09/2003

The Articulate Instruments Web site (the “Site”), including but not limited to and its affiliated sites, provides an online resource for health care professionals and speech scientists.

These terms may be changed from time to time and without further notice. Your continued use of the Site after any such changes constitutes your acceptance of the new terms. If you do not agree to abide by these or any future terms, please do not use the Site or download materials from it.

Articulate Instruments Limited (“AI”), may terminate, change, suspend or discontinue any aspect of the Site, including the availability of any features, at any time. AI may remove, modify or otherwise change any content, including that of third parties, on or from this Site. AI may impose limits on certain features and services or restrict your access to parts or all of the Site without notice or liability. AI may terminate your use of the Site at any time in its sole discretion.

These terms apply exclusively to your access to and use of the Site and do not alter the terms or conditions of any other agreement you may have with AI or its parents, subsidiaries or affiliates.

1. Proprietary Rights.

Copyrights. All content on this Site, including but not limited to design, text, software, technical drawings, configurations, graphics, other files, and their selection and arrangement (“Content”), are either Copyright © 2000 Articulate Instruments Ltd, or are the proprietary property of AI’s affiliates or licensors. All rights reserved. The Content may not be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without AI’s prior written permission, except that you may download and print content for uses that are not competitive with or derogatory to AI, provided that you keep all copyright or other proprietary notices intact. Please note that this limited consent may be revoked at any time and does not include consent to republish Content on any Internet, Intranet or Extranet site or to incorporate the information in any other database or compilation. Any other use of the Content is strictly prohibited. You further agree that you will not systematically extract, collect or harvest, through electronic means or otherwise, any data or data fields from this Site, including but not limited to customer identities. If you believe that your copyrighted material has been improperly used on this Site, please contact our Copyright Agent or see our Copyright Policy for more information.

Trademarks. All trademarks on the Site are either trademarks or registered trademarks of AI or its affiliates or licensors and may not be copied, imitated, or used, in whole or in part, without the prior written permission of AI. All page headers, custom graphics, button icons, and scripts are service marks, trademarks and/or trade dress of AI or its affiliates, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of AI. Other trademarks, registered trademarks, product names, and company names or logos displayed on the Site are the property of their respective owners.

Patents. AI’s products and processes are covered by one or more patents and are subject to other trade secret and proprietary rights. AI reserves all such rights. No transfer or grant of rights under any patents is made or is to be implied by any provision of this Terms of Use. You agree not to infringe upon such rights or decompile, reverse engineer, or disassemble any of AI’s products or processes.

Software. Any software, including any files, images generated by the software, code, and data accompanying the software (collectively, “Software”), used or accessible through this Site may be used by you solely for accessing and using this Site for purposes expressly stated on the Site, provided that such uses are not competitive with or derogatory to AI. AI retains full and complete title to and all intellectual property rights in the Software. You agree not to copy, distribute, sell, modify, decompile, reverse engineer, disassemble or create derivative works from any Software.

2. User Conduct – General.

In using this Site, you agree:

(a) not to disrupt or interfere with the security of, or otherwise abuse, the Site, or any services, system resources, accounts, servers or networks connected to or accessible through the Site or affiliated or linked Web sites;

(b) not to disrupt or interfere with any other user’s enjoyment of the Site or affiliated or linked Web sites;

(c) not to upload, post, or otherwise transmit through or on this Site any viruses or other harmful, disruptive or destructive files;

(d) not to use or attempt to use another’s account, service or system without authorization from AI, or create or use a false identity on this Site;

(e) not to transmit through or on this Site spam, chain letters, junk mail or any other type of unsolicited mass email to people or entities who have not agreed to be part of such mailings;

(f) not to divulge your username and password to others either on or off the Site;

(g) not to attempt to obtain unauthorised access to the Site or portions of the Site which are restricted from general access; and,

(h) not use this Site to seek, provide or obtain specific medical advice, medical opinion, diagnosis or treatment as applied to a patients particular condition or situation.

In addition, you agree that you are solely responsible for actions and communications undertaken or transmitted under your account, and that you will comply with all applicable local, state, national and international laws and regulations, including but not limited to United States export restrictions, that relate to your use of or activities on this Site. This Site is controlled and operated in the United States. If you are in a jurisdiction which restricts you from accessing this Site, do not access or use this Site. AI makes no representation that the Site is appropriate or available for use outside the United States.

3. User Conduct – Online Communities and Other Interactive Areas.
The Site contains areas where you may post and share comments with other Site users on a variety of subjects. You agree that you will not post or otherwise disseminate on or through the Site unlawful, harassing, libelous, tortious, abusive, offensive, threatening, or obscene communications or material of any kind, or materials which infringe or violate any third party’s copyright, trademark, trade secret, privacy or other proprietary or property right, or that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable law or regulation; or, that are otherwise objectionable, including without limitation, content that evidences bigotry, racism, sexism, or hatred, or that promotes illegal activities, including without limitation unauthorised uses of medical devices, or physical harm against anyone. AI reserves the right but not the obligation to remove any materials it deems objectionable, in its sole discretion and without any reference to you. You agree to hold harmless AI and its affiliates and parties with whom AI has contracted for purposes of hosting or maintaining this Site from all claims based upon communications made or materials posted by others or the use by third parties of this Site.

You expressly agree that you will not discuss or refer to any particular patient, any particular patient’s medical condition or any other information which could identify a particular patient You further expressly agree that you will not discuss, endorse or refer to “off label” uses of medical products, including any uses which have not been approved by the U.S. Food and Drug Administration or other applicable regulatory agency.

4. Online Communications On and Through the Site.
Except as otherwise provided in section 5 below, you agree that any communications you transmit to anyone through the Site or copyrighted works you post on the Site, including, without limitation, questions, comments, suggestions, ideas, plans, notes, drawings, configurations, specifications, purchase orders, quotes or requests for quotes, performance data, account information, or other material, data or information (collectively, “Information”), are non-confidential and upon transmission of such Information to AI via email or other means you grant to AI an irrevocable, non-exclusive, royalty-free, sublicensable, world wide license (including but not limited to a copyright license) to use such Information in any media for any purpose.

5. Privacy Policy.
You acknowledge and agree that AI may use the data collected in the course of our relationship for the purposes identified in our Privacy Policy, which is incorporated by reference as if fully set forth in these Terms of Use.

6. AI Content, Product and Service Information – Limitations.
All content available through the Site, including but not limited to data, technical drawings, configurations, quote and order information, and catalog listings is believed to be accurate. However, you should independently evaluate the accuracy of the information and the usefulness for your particular needs of any content, product or service available through the Site. Specifications for products and services are subject to change without notice, and AI reserves the right to make changes without notice to processing, materials, or configuration. AI does not guarantee that products or services listed in its online catalog will be available at the time of your order. All information on the Site is subject to the disclaimers of section 8 below.

7. Links and Third Party Content.
Links to Other Web Sites. This Site may from time to time contain links to other Web sites. These links are provided as a convenience and do not constitute an endorsement, sponsorship or recommendation by AI of — or responsibility for — the linked Web sites or any content, services or products available on or through such sites.

Links from Other Web Sites. All links to this Site must be approved in writing by AI, except that AI consents to links in which:

(1) the link is a text-only link containing only the title of the home page of this Site,

(2) the link “points” only to the home page of the Site and not to deeper pages,

(3) the link, when activated by a user, displays this home page of the Site full-screen and not within a “frame” on the linked Web site, and

(4) the appearance, position, and other aspects of the link does not

(i) create the false appearance that an entity or its activities or products are associated with or sponsored by AI or its affiliates, or

(ii) be such as to damage or dilute the goodwill associated with the name and trademarks of AI or its affiliates. AI reserves the right to revoke this consent to link at any time in its sole discretion.

Third Party Content. This Site may from time to time contain material, data or information provided, posted or offered by third parties, including but not limited to advertisements or postings in online community discussions. You agree that neither AI nor its affiliates shall have any liability whatsoever to you for any such third party material, data or information.