Disclaimer of Warranties and Limitation of Remedies:
By using any ErgoEquations On-line application, you manifest your consent and intention to be legally bound by these terms. If you do not agree with the disclaimers below, you do not have permission to use this application.
The warranties set forth herein replace all warranties, express or implied, including any warranties of merchantability or fitness for a particular purpose.
Warranty Disclaimer and Disclaimer of Liability.
ErgoEquations makes no representation as to the merchantability or suitability for a particular purpose of the online Application(s) contained in the ErgoEquations system or information provided in or generated there from. The Application(s) and the accompanying written materials are provided "as is", without warranty or any kind.
ErgoEquations does not warrant, guarantee or make any representation regarding the use, or the results of the use, of the Application(s) or accompanying written materials in terms of correctness, accuracy, reliability, regulatory compliance, infringement or otherwise.
ErgoEquations shall not be liable for any special, incidental, consequential, indirect or other similar damages arising from the use of the Application(s), whether under the theory of breach or warranty, breach of contract, negligence, or any other legal theory asserted under this agreement. Such disclaimed damages include, without limitation, loss of profits and/or revenue; loss of use of the Application(s) and/or associated equipment; cost of capital; cost of substitute programs, equipment, facilities or services; downtime costs; and losses caused by delay in delivery or physical injury. ErgoEquations's entire liability and any licensee's exclusive remedy under any limited warranty give shall be, at the option of ErgoEquations, either a) a return of the purchase price of the use for the online Application(s).
This Application and any accompanying printed material, and the content of any screen printed by you in hard copy while using these Application(s) is the intellectual property right of ErgoEquations and HealthCare Innovations and is protected by United States and foreign copyright laws and international treaty provisions. These Application(s), in source code form (HTML, XML, PERL, JAVA, and other internet applications languages), remains the confidential trade secret of ErgoEquations. Unauthorized copying of these Application(s) or the other written materials is expressly forbidden. You may not copy or distribute any written materials accompanying these Applications or any screen printed by you in hard copy while using these Application(s).
Termination of the Agreement:
If any of the terms and conditions of this Agreement are broken, this license shall immediately terminate and shall be void.
This Agreement is to be governed by, and interpreted in accordance with, the laws of the State of North Carolina, U.S.A. Any terms or conditions of this Agreement found to be unenforceable will be deleted, but will not affect the remaining terms and conditions of this Agreement. Any conflict or controversy arising hereunder or the breach thereof shall be settled by arbitration in accordance with the American Arbitration Association Commercial Arbitration Rules and under the auspices of the Dispute Settlement Center in Carrboro, North Carolina.