Infirst Terms and Conditions

Infirst Healthcare Inc. (“Infirst,” “our,” or “we”), operates and maintains this website (“Site”). Your use of the Site is subject to these terms and conditions (“Terms”) and all applicable laws. By using the Site, you agree to these Terms. If you do not agree to the Terms, do not use the Site. From time to time, we may change these Terms. We reserve the right to make these changes without notice. You are responsible for regularly reviewing these Terms, and your continued use of the Site following any changes indicates your acceptance of those changes.

Your use of any content from this Site, except as provided in these Terms, without our written permission is strictly prohibited. You may download material displayed on the Site for non-commercial, personal use only, but you must retain all copyright and other proprietary notices contained on the materials. You may not, however, distribute, modify, transmit, reuse, repost, or use the content of the Site for public or commercial purposes.

Intellectual Property

The Site and its content, including all trademarks, service marks, and graphical elements and software used on the Site, are the exclusive property of Infirst and third parties and are protected by copyright, trademark, patent, and/or other proprietary rights and laws. Nothing contained on the Site may be construed as granting, by implication or otherwise, any license or right to use any trademarks, logos, or service marks displayed on the Site without the written permission of the owner. Your use of the trademarks, logos, or service marks displayed on the Site, or any other content on the Site, except as provided in these Terms, is strictly prohibited. Images displayed on the Site are either the property of, or used with permission by, Infirst. The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted by these Terms or specific permission provided elsewhere on the Site.

Personal Information and Submissions

Any personal information you submit to the Site is governed by our Privacy Policy. Any information, communication, or material you transmit to the Site by email or otherwise, including any data, questions, comments, suggestions, images, or the like is, and will be treated as, non-confidential and non-proprietary. Anything you transmit or post may be used by us for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast, and posting. Furthermore, we are free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Site for any purpose whatsoever including, but not limited to, developing, manufacturing, and marketing products using such information.

Links

This Site may contain links to other websites or online services. We are not responsible for the content, accuracy, security, or availability of such sites and we do not endorse any products or services on such sites.

Changes and Termination

We may, in our sole discretion, change or amend any features of the Site or services available through this Site without notice or liability. In addition, we reserve the right to, in our sole discretion, without prior notice, to terminate your access to the Site. We may immediately deactivate or delete all related information and files.

Indemnity

You agree to indemnify, defend, and hold harmless Infirst and its directors, officers, employees, agents, affiliates, contractors, licensors, service providers, subcontractors, suppliers, and representatives (collectively, “Infirst Parties”) from and against any and all claims, losses, costs, liabilities, damages, and expenses (including without limitation attorneys’ fees and court costs)(collectively, “Losses”) arising out of your use of the Site and/or any violation of these Terms. If you cause a technical disruption of the Site or the systems transmitting the Site to you or others, you agree to be responsible for any and all Losses arising out of or resulting from that disruption. We reserve the right, at our own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with Infirst in defense of such matter.

Disclaimer

To the fullest extent permitted by law, neither Infirst nor any Infirst Parties (as defined herein) will be held liable for the availability, accuracy, completeness, performance, or timeliness of the information or content provided on the Site, any effects caused by your use of the Site, any improper, incorrect or commercial use of the Site, or any damages to, or viruses that may infect, your computer equipment or other property on account of your use of the Site. Without limiting the foregoing, the Site and its content are provided on an “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Please note that some jurisdictions do not allow exclusions and limitations of certain implied warranties, so the above limitations may not apply to you.

Limitation of Liability

Neither Infirst nor any Infirst Parties (as defined herein) will be liable for any direct, indirect, incidental, consequential, special, or punitive damages of any kind arising out of your access to, or use of, the Site or otherwise related to these Terms. Please note that some jurisdictions do not allow exclusions or limitations of incidental or consequential damages, so the above limitations or exclusions may not apply to you. This agreement gives you specific legal rights, and you may also have other rights which vary. The disclaimers, exclusions, and limitations of liability under this agreement will not apply to the extent prohibited by applicable law.

Copyright Infringement Claims

If you believe in good faith that materials available on the Site infringe your copyright, you may send us a written notice by mail requesting that we remove such material or block access to it. Notices and counter-notices must be sent in writing to our Digital Millennium Copyright Act (DMCA) agent at the following address:

Infirst Healthcare DMCA Agent
8 Church Lane
Westport, CT 06880

Please include as much detail as possible to allow us to identify the facts or circumstances and include the following information:

A physical or electronic signature of the owner (or person authorized to act on behalf of the owner) of the copyrighted works that are allegedly being infringed;
Specific identification and description of each copyrighted work claimed to have been infringed and if the copyrighted work is registered, please provide a copy of the copyright registration;
A description of where the material believed to be infringing is located (please be as detailed as possible and provide a URL or screenshot to help us locate the material you are reporting);
Contact information for the complaining party, including complete name, address, telephone number, and email address;
A statement that the complaining party has a good faith belief that use of the work(s) in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and that the complaining party is the owner of the right that is allegedly infringed, or agent for the owner.

You acknowledge that if you fail to provide substantially all of the information listed above, your notification may not be valid. Upon receipt of your written notice, we will investigate the allegation and remove the complained-of material at our sole discretion.

Applicable Law

These Terms and your use of the Site are governed by the laws of the state of Connecticut, without regard to its choice of law provisions. To the maximum extent permitted by law, you irrevocably consent to the jurisdiction of the courts located in the State of Connecticut for any action or proceeding arising out of or related to these Terms.

Export Controls

You are responsible for complying with your country’s foreign export controls and for any violation of such controls, including any United States embargoes or other federal rules and regulations restricting exports. You represent that you are not (i) located in, or a resident or a national of, any country subject to a U.S. government embargo or other restriction, or that has been designated by the U.S. government as a “terrorist supporting” country; or (ii) on any U.S. government lists of restricted end users.

Miscellaneous

Notices to you may be made via posting to the Site, by email or by regular mail, in our sole discretion. Notices to us should be made using the contact information below. If any provision of this agreement is unlawful, void, or unenforceable, the remaining provisions of the agreement will remain in place. This Agreement does not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between you and Infirst. You may not assign, transfer, or sublicense any or all of your rights or obligations under this Agreement. We may assign, transfer, or sublicense any or all of our rights or obligations under this Agreement without restriction. Any attempted transfer or assignment in violation of these Terms shall be null and void. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. This Agreement and all other terms and conditions referenced herein constitutes the entire agreement between you and us relating to the subject matter of this Agreement and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and us relating to such subject matter.

Contact Information

For general questions, you may contact us by writing to Infirst Healthcare Inc., 8 Church Lane, Westport, CT 06880.