Paramedics Plus User Agreement
IMPORTANT - PLEASE READ CAREFULLY BEFORE USING THIS APPLICATION
This page describes the terms and conditions of the user's access to the Enspire platform application or application plug-ins ("Application").
Please read this Agreement carefully because the terms are binding upon you. This Agreement describes the terms governing your use of Paramedics Plus's services provided to you through this Application (collectively with the Services, the "Application"), including content, updates and new releases (collectively, the "Services"). By clicking "I AGREE," indicating acceptance electronically, or by accessing or using the Application, you agree to this Agreement. If you do not agree to this Agreement, then do not indicate acceptance of the Agreement, and do not use the Application.
If you are a regular user of this Application, please check this Agreement for updates. It governs your use of the Application. We may also post additional terms and conditions that apply to specific Application areas. These area-specific terms and conditions are incorporated into the Agreement. We may change this Agreement at any time by posting the amended Agreement on the Application. Certain provisions of this Agreement may be superseded by expressly designated legal notices or terms located on particular pages at this Application. As a result, we suggest you check back regularly to this page to be apprised of any updates or changes. We last revised this Agreement on 7 November, 2017.
This Application is intended for use only by adults. You must be at least 18 years of age and possess the legal authority to form legally binding contracts under applicable law to use the Service.
The Application does not Provide Financial or Medical Advice
The contents of the Application, such as text, graphics, images, tools, products, services and other material contained on the Application ("Content") is provided by Paramedics Plus and its licensors for informational purposes only. Nothing contained in the Content is intended to provide financial or medical advice nor is the Content intended to be instructional for financial planning, medical diagnosis, or treatment. The information furnished and/or results produced through use of tools or applications on the Application is not intended to be complete, to provide suggestions or recommendations for financial planning or a course of treatment, or to replace personal consultation with a qualified financial planner or health care professional.
If any of the information you receive through this Application does not agree with your records, or if you have any questions about this statement, please contact your local human resources representative. The information available on the Application is based on your personal information as of the dates noted in the Paramedics Plus's or Paramedics Plus's service providers' systems.
If any conflict should arise between the descriptions on this Application and the provisions of the pertinent plans, or if any provision is not explained or only partially explained on this Application, your rights will always be determined under the provisions of the plan documents (and the plan's administrative rules). The provisions of the plan documents (and any rules), including those regarding eligibility, service, entitlement to benefits and the amount of benefits payable, shall be interpreted by the Plan or Claims Administrator (as applicable) whose determinations shall be final and binding.
With respect to health issues, always seek the advice of your physician or other qualified health provider with any questions you may have regarding a health or medical condition. Never disregard, avoid or delay obtaining professional medical advice from your doctor or other qualified health provider because of something you have read on the Application.
If you are in the United States and think you may have a medical emergency, call your doctor or 911 immediately.
Paramedics Plus does not recommend or endorse any specific tests, physicians, products, procedures, opinions or other information that is mentioned on the Application. Reliance on any information provided by Paramedics Plus, Paramedics Plus employees, others appearing on the Application at the invitation of Paramedics Plus, or other visitors to the Application is solely at your own risk. The Application may contain health or medical related materials that some may consider to be sexually explicit. If you find these materials offensive, you may not want to use our Application.
No Unlawful or Prohibited Use
You agree not to use the Application for any purpose that is unlawful or prohibited by this Agreement. You agree not to upload, post, distribute, link to, publish, reproduce, engage in or transmit any of the following materials or information, including but not limited to:
(a) that are not legally yours and may be protected by, or that infringe or may infringe on anyone else's copyright or other proprietary right, or derivative works, without permission from the copyright owner or intellectual property rights owner;
(b) that violate or may violate others' privacy or publicity rights, including posting images about children or any third party without their consent (or a parent's consent in the case of a minor);
(c) that are illegal, fraudulent, libelous, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, harassing , offensive, inappropriate or objectionable, including without limitation conduct that would encourage or constitute an attack or "flaming" others, or criminal or civil liability under any local, state, federal or foreign law;
(d) that impersonate another person or falsely represent your identity or qualifications;
(e) that breach any obligations of confidentiality or any other contractual obligation you may owe to any third parties; or
(f) that are advertisements, solicitations, investment opportunities, chain letters, pyramid schemes, other unsolicited commercial communication or engage in spamming or flooding.
You further agree not to submit any materials that contain viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines or engines that are intended to damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or information. You may not try to gain unauthorized access to the Service, other accounts, computer systems or networks connected to the Service through hacking, password mining, or any other means. You agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy pages of this Application or the content contained on it without our express prior written permission.
We may (but need not) monitor, edit, or remove any content from this Application that violates this Agreement.
Use of the Services; Intellectual Property Rights; Restrictions
The Application, including, without limitation, applications, the information contained therein, any table structures, queries, and reports, their arrangement, organization, and methods of interactions, the algorithms and other database artifacts, the Application's structure, all textual and graphical materials, and all technical information and other content appearing on this Application and their modifications and enhancements, are confidential and trade secret information that is proprietary to and owned by Paramedics Plus or its third party providers or licensors (the "Providers"), together with all related copyrights and trademarks. Paramedics Plus or the Providers (as the case may be) retain the exclusive and sole ownership of the Application and any content, and all related intellectual property rights.
You agree to hold all such proprietary and confidential information in confidence. You may not modify, sell, transfer or otherwise provide any of the proprietary and confidential information, in whole or in part, in any form to any person or entity who is not an employee of Paramedics Plus who needs access to the information to facilitate your licensed access and use of the Application without Paramedics Plus's prior written permission.
You may not create derivative works of, or decompile, reverse engineer, translate or disassemble the Application, in whole or in part, except as expressly permitted by applicable law. You may not create or store in electronic form any shared library, data warehouse, archive, cache or frame of the data or information contained in Application.
Nothing contained herein shall be deemed to confer by implication, estoppel or otherwise, any license or any other grant of right to use any trademark, copyright, or any other intellectual property right of Paramedics Plus or any third party. The "Enspire" name and the names of Paramedics Plus's products referred to on the Application are Paramedics Plus's trademarks. All other product and Paramedics Plus names belong to their respective owners. You agree that you will take no action inconsistent with this paragraph.
Except as required herein, you agree not to use Paramedics Plus's or its Providers' intellectual property in the press and not to refer to Paramedics Plus or its Providers or attribute any information to Paramedics Plus or its Providers in the press, for advertising or promotional purposes, or for the purpose of informing or influencing any other party without Paramedics Plus's or the respective Provider's prior written consent.
You will be responsible for any access to, or use or disclosure of Paramedics Plus's or the Providers' confidential and proprietary information by you and, further, shall indemnify and hold harmless Paramedics Plus and the Providers for any and all loss, damage or liability incurred by Paramedics Plus or the Providers as a result of a breach by you or any other party to whom you may have provided access to the Application of any or all of the obligations contained in this Agreement.
You may make a reasonable number of copies of the output of any of the Services provided that such copies may not be sold and may not be distributed to any other party. Except as expressly permitted by this Agreement, you will not: copy, cut and paste, email, reproduce, publish, distribute, redistribute, broadcast, transmit, modify, adapt, edit, abstract, create derivative works of, store, archive, publicly display, sell or in any way commercially exploit, in whole or in part, any information or output from the Application, or set up derived databases or materials from information you obtain from the Application.
Paramedics Plus reserves the right to add to, remove from or edit the contents or change the Application at any time with or without notice.
Paramedics Plus reserves the right to monitor usage by you (in terms of volume, frequency or otherwise) of the Application. In case of unauthorized use of the Application by you, Paramedics Plus reserves the right to deny you access to the Application by blocking, without prior notification, the IP address(es) that you used to access the Application.
This Agreement does not constitute a sale of the Application or any part of it and, except as expressly provided for in this Agreement, no rights or licenses, express or implied, are hereby granted to you in respect of the Application. You acknowledge that as between you and Paramedics Plus, Paramedics Plus (or its Providers) is throughout the world the proprietor subsisting in the Application. Nothing herein contained shall be construed so as to transfer any intellectual property rights whatsoever in the Application to you or any other party.
You agree not to use the Application or the Content in a manner that violates any applicable local, state, federal or international law, regulation or this Agreement. For example, unless authorized by Paramedics Plus in writing, you further agree you will not:
(a) Use, employ, or attempt to use or employ any robot, spider, scraper, deep link or other similar automated data gathering or extraction programs, tools, utilities, algorithm or methodology to access, acquire, copy or monitor any portion of the Application, without Paramedics Plus's express written consent, which may be withheld in Paramedics Plus's sole discretion;
(b) Use, employ, or attempt to use or employ any engine, software, tool, agent, or other device or mechanism (including, without limitation robots, spiders, avatars, intelligent agents, or browsers) to navigate or search the Application, other than the search engines and search agents available through the Application and other than generally available third-party web browsers;
(c) Attempt to access any other Paramedics Plus systems that are not part of these Application.
(d) Excessively overload the Paramedics Plus systems used to provide the Application.
The foregoing list provides examples only and is non-exclusive. If you violate any of these terms, this Agreement and your right to use the Application may be terminated by Paramedics Plus in its sole discretion.
You are solely responsible for maintaining and securely managing your password(s) for access to the Application. If you become aware of any unauthorized access to your Application account, theft or loss of your password, you agree to contact Paramedics Plus immediately by e-mail at the address provided under the heading "Account Security," below.
Paramedics Plus and its Providers may freely use feedback you provide. You agree that Paramedics Plus and its Providers may use your feedback, suggestions, or ideas in any way, including in future modifications of the Application, other products or services, advertising or marketing materials. You grant Paramedics Plus and the Providers a perpetual, worldwide, fully transferable, sublicenseable, non-revocable, non-terminable, fully paid-up, royalty free license to use the feedback and any other information you provide to Paramedics Plus or the Providers in any way.
Disclaimer of Warranties
THIS APPLICATION MAY CONTAIN INACCURACIES OR TYPOGRAPHICAL ERRORS. YOU AGREE THAT YOUR USE OF THE APPLICATION IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE PROVIDE THIS APPLICATION AND THE SERVICES "AS IS" AND "AS AVAILABLE" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED, OR STATUTORY, AS TO THE OPERATION OF THE SERVICE; THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE CONTENT OR MATERIALS INCLUDED ON THE APPLICATION OR THE SERVICE; OR OTHERWISE. WE SPECIFICALLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY THAT THE SERVICES ARE FIT FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY, DATA LOSS, UPTIME OR CONTINUITY OF THE SERVICES, NON-INTERFERENCE WITH OR NON-INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHTS, OR THE ACCURACY, RELIABILITY, QUALITY OR CONTENT IN OR LINKED TO THE SERVICES. IF THE EXCLUSIONS FOR IMPLIED WARRANTIES DO NOT APPLY TO YOU, ANY IMPLIED WARRANTIES ARE LIMITED TO 60 DAYS FROM THE DATE OF PURCHASE OR DELIVERY OF THE SERVICES, WHICHEVER IS SOONER. Paramedics Plus AND ITS AFFILIATES, PARTNERS, PROVIDERS, AND SUPPLIERS DISCLAIM ANY REPRESENTATIONS OR WARRANTIES THAT YOUR USE OF THE APPLICATION WILL SATISFY OR ENSURE COMPLIANCE WITH ANY LEGAL OBLIGATIONS OR LAWS OR REGULATIONS.
YOU ACKNOWLEDGE AND AGREE THAT THE APPLICATION AND SERVICES ARE FOR GENERAL INFORMATION AND USE ONLY. IN PARTICULAR, THE SERVICES DO NOT CONSTITUTE ANY FORM OF ADVICE, RECOMMENDATION, REPRESENTATION, OR ARRANGEMENT BY Paramedics Plus OR ITS PROVIDERS. Paramedics Plus AND ITS PROVIDERS DO NOT WARRANT THE ACCESS OR USE OF THE SERVICES IN ANY SPECIFIC SITUATION OR FOR ANY SPECIFIC APPLICATION.
WE DO NOT WARRANT:
(A) THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE,
(B) THE QUALITY OF ANY SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SERVICE, OR
(C) THAT ANY ERRORS IN THE SERVICE WILL BE CORRECTED.
YOU AGREE THAT NEITHER Paramedics Plus NOR ITS PROVIDERS SHALL BE RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH THIS APPLICATION. YOU AGREE THAT Paramedics Plus NOR ITS PROVIDERS SHALL BE RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OFFENSIVE, OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER'S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS.
Paramedics Plus AND ITS PROVIDERS DO NOT WARRANT THAT THIS APPLICATION, ITS SERVERS, OR E-MAIL SENT FROM THIS APPLICATION ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU DOWNLOAD ANY MATERIAL THROUGH THE USE OF THE SERVICE AT YOUR OWN RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Paramedics Plus OR ITS PROVIDERS OR THROUGH OR FROM THE SERVICE, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EXCEPT IN RESPECT OF PERSONAL INJURY OR DEATH CAUSED DIRECTLY BY Paramedics Plus'S OR ITS PROVIDERS' NEGLIGENCE, THE LIMIT OF Paramedics Plus'S (FOR AVOIDANCE OF DOUBT, INCLUDING ITS AFFILIATES, PROVIDERS, SUPPLIERS AND DEVELOPERS) LIABILITY TO YOU OR TO ANY THIRD PARTY FOR ANY AND ALL CLAIMS CONCERNING PERFORMANCE OR NON-PERFORMANCE BY Paramedics Plus RELATED TO Paramedics Plus'S OBLIGATIONS UNDER THIS AGREEMENT SHALL NOT, IN THE AGGREGATE, EXCEED THE GREATER OF THE FEES PAID BY YOU TO Paramedics Plus FOR ACCESS TO AND USE OF THE SERVICES, OR US$500.00 (U.S. FIVE HUNDRED DOLLARS).Paramedics Plus (INCLUDING ITS AFFILIATES, PROVIDERS, SUPPLIERS AND DEVELOPERS) SHALL NOT BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF Paramedics Plus OR ITS PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF, RESULTING FROM OR IN ANY WAY CONNECTED WITH:
(A) THE USE OR THE INABILITY TO USE, ANY DELAY IN, OR THE PERFORMANCE OF THE SERVICE;
(B) THE COST OF PROCURING SUBSTITUTE SERVICES RESULTING FROM ANY DATA, INFORMATION, OR SERVICES OBTAINED, OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM, THE SERVICE;
(C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
(D) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE APPLICATION; OR
(E) ANY AND ALL DAMAGES RELATING TO FAILURES OF TELECOMMUNICATIONS, THE INTERNET, ELECTRONIC COMMUNICATIONS; CORRUPTION, SECURITY, LOSS OR THEFT OF DATA, VIRUSES, SPYWARE, OR USE OF SOFTWARE OR HARDWARE THAT DOES NOT MEET Paramedics Plus SYSTEMS REQUIREMENTS
(F) ANY OTHER MATTER RELATING TO THE SERVICE OR THIS AGREEMENT, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE.
YOU ACKNOWLEDGE THAT NO DEFENSE OR INDEMNITY OF ANY KIND IS PROVIDED HEREUNDER BY Paramedics Plus OR ITS PROVIDERS WITH RESPECT TO ANY CLAIM, DEMAND, CAUSE OF ACTION, COST, LOSS, DAMAGE, EXPENSE OR LIABILITY ARISING FROM OR BASED ON YOUR OR ANY THIRD PARTY'S USE OF OR INABILITY TO USE THE APPLICATION.
THIS AGREEMENT SETS FORTH THE ENTIRE LIABILITY OF Paramedics Plus AND ITS AFFILIATES, PROVIDERS, AND SUPPLIERS AS WELL AS YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE SERVICES AND ITS USE AND YOUR AGREEMENT TO THESE PROVISIONS AND LIMITATIONS IS A MATERIAL INDUCEMENT TO Paramedics Plus TO ENTER INTO THIS AGREEMENT WITH YOU AND PROVIDE YOU ACCESS TO THE SERVICES AND OTHER OFFERINGS PROVIDED BY Paramedics Plus. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR OF THIS AGREEMENT, YOUR EXCLUSIVE REMEDY IS TO STOP USING THE SERVICE.
Use and Validity of E-Mail Notices; E-mail Account
By providing your e-mail address to Paramedics Plus, you agree that Paramedics Plus and its Providers may provide, and that you will accept and receive, all required notices from us electronically, to that e-mail address or such other e-mail address as you designate. If you wish to receive notices at another address, it is your responsibility to notify us of any updates or changes, as appropriate, by updating your user profile and contact preferences. Required and other notices and communications from us will be either in the text of the applicable e-mail or through an embedded link to the appropriate page on our Application, which should be accessible through any standard, commercially available internet browser. Notwithstanding the foregoing, Paramedics Plus may in its sole discretion from time to time elect to provide required notices or other communications to you by any other means it deems appropriate.
Any legal notices by you to Paramedics Plus relating to this Agreement should be sent by you to Paramedics Plus by e-mail to the following address: Amanda Wiles, firstname.lastname@example.org
You are responsible for maintaining the privacy and security of your password and other security information. You are also responsible for maintaining the integrity of your hardware and operating system to prevent viruses, spyware or other malicious software from stealing your password information or data. Paramedics Plus and its Providers bear no responsibility for unauthorized access to your account as a result of your failure to follow appropriate security precautions.
If you should become aware of any unauthorized use of your account or user information, or if you otherwise believe that your account has been compromised, you agree to immediately notify Paramedics Plus by e-mail to: email@example.com
We respect your personal information and undertake to comply with applicable Data Protection legislation as amended from time to time. You should be aware that we would disclose your personal information under the following circumstances:
- If we are requested by the police or any regulatory or governmental authority investigating suspected illegal activities, or upon receipt of a court order, to provide your Personal Information and/or information concerning your activities while using the Web Application; and
- We reserve the right, in our reasonable discretion, to disclose details of your use of the Web Application in relation to any, or any threatened, Court Proceedings in connection with your use, or the use of anyone under your control, of the Web Application whether in connection with the matters set out in these Conditions or otherwise.
No One Can Guarantee the Safety of Sending Data Over the Internet
Your personal data is sent over the Internet in an encrypted format, using secure Web servers, with the intent of protecting the data from access by others. However, the Paramedics Plus and the Application developers make no guaranties that this protection is invincible. It may be possible for someone to decipher the encryption, or a server may fail to properly encrypt the data.
THEREFORE, BY AGREEING TO USE THE APPLICATION, YOU AGREE TO ACCEPT THE RISK THAT SOMEONE MAY BE ABLE TO ACCESS YOUR PERSONAL INFORMATION. THE Paramedics Plus AND THE DEVELOPERS WILL NOT BE LIABLE FOR ANY HARM THAT YOU MAY EXPERIENCE IF AN UNAUTHORIZED PERSON BREAKS THE ENCRYPTION OR IF A SERVER FAILS.
Export/Import Restrictions and Tariffs
Access to this Application may not be provided by you to anyone for use in any country or used in any manner prohibited by the United States Export Administration Act or any other country's export laws, restrictions or regulations. Furthermore, you agree to comply with any import laws, rules, and regulations of the countries and jurisdictions where you access and use this Application or receive copies of any technical information or other materials. You agree to indemnify Paramedics Plus and its Providers and hold Paramedics Plus and its Providers harmless from any fines or other penalties, as well as any tariffs, import or export taxes, levied with respect to your use of this Application by jurisdictions in which you access and use it, or from which you export information from this Application, or for any violation of the requirement not to provide access to and use of this Application for use in any country prohibited by the United States Export Administration Act or any other export laws, restrictions, or regulations.
You agree that Paramedics Plus, in its sole discretion and without notice, may terminate your password, account (or any part thereof), or access to or use of the Service or any portion thereof, and remove and discard any content within the Service, at any time and for any reason, including, without limitation, if Paramedics Plus believes that you have violated or acted inconsistently with this Agreement. Paramedics Plus may prohibit or restrict access to the Service to anyone at any time, with or without cause. Paramedics Plus may also in its sole discretion and at any time discontinue providing the Service, or any part of it, temporarily or permanently. Paramedics Plus will make reasonable commercial efforts to provide notice of any such discontinuation to you. You agree that neither Paramedics Plus nor its Providers shall be liable to you or any third party for any termination of your access to the Service or for any modification, suspension, or discontinuation of the Service.
The Application may contain links to other Applications. The policies at other Applications, which may be owned and operated by third parties, may be different from this policy. Those third party Applications' policies will govern the use of information you provide to them. Paramedics Plus and its Providers make no representations whatsoever about any other webApplication that you may access through this Application. Links imply neither that Paramedics Plus nor its Providers are affiliated with or otherwise endorses any third parties nor that it is legally authorized to use any trademark, trade name, logo, or copyright symbol displayed in or accessible through the links, or that any linked Application is authorized to use any trademark, trade name, logo, or copyright symbol of Paramedics Plus or its Providers.
U.S. Government Restricted Rights
Government users will receive no greater than Restricted Rights as defined in FAR 52.227-19 [c] (1-2) (June 1987). Government users will received no greater Limited Rights as defined in FA 52.227-14 (June 1987) or DFAR 252.227-7015(b)(2) (November 1995), as applicable in any technical data at this Application.
The Paramedics Plus name, the Paramedics Plus logo, and other trademarks, service marks, and logos (the "Trademarks") used and displayed on this Application are registered and unregistered Trademarks of Paramedics Plus, or an affiliate of Paramedics Plus. Nothing on this Application shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Application without our express prior written permission. Paramedics Plus prohibits the use of the Paramedics Plus name, any of its registered domain names and any of its other trademarks as part of a link to or from any Application unless approved in advance by Paramedics Plus in writing. You may not use any metatags or any other hidden text utilizing any Paramedics Plus domains, Paramedics Plus, or other Trademarks without our express prior written consent. In addition, a Provider's name, a Provider's logo, and other trademarks, service marks, and logos (the "Provider Trademarks") used and displayed on this Application are registered and unregistered Trademarks of the relevant Providers, or an affiliate of such Provider. Nothing on this Application shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Provider Trademark displayed on the Application without such Provider's express prior written permission. The Providers prohibit the use of the Provider's name, any of its registered domain names and any of its other trademarks as part of a link to or from any Application unless approved in advance by such Provider in writing. You may not use any metatags or any other hidden text utilizing any a Provider's domains or the Provider Trademarks without such Provider's express prior written consent.
Governing law; Jurisdiction. The laws of the State of Texas, United States of America, govern this Agreement in all respects, without regard to the United Nations Convention on Contracts for the International Sale of Goods and any amendments thereto, the application of which is expressly excluded. Your conduct may be subject to other laws. You expressly agree that exclusive jurisdiction over any dispute arising from your use of the Application or the Service resides in the federal and state courts located in the borough of Manhattan, New York City, New York. You further agree and expressly consent to the exercise of personal jurisdiction in the State of New York in connection with any dispute or claim involving the Application. Use of the Application is unauthorized in any jurisdiction that does not give effect to all provisions of this Agreement and conditions, including this paragraph.
Indemnification. You hereby agree to indemnify, defend, and hold harmless Paramedics Plus and its officers, directors, shareholders, agents, subsidiaries, affiliates, customers, suppliers, Providers, and employees from and against all claims, demands, and damages (including actual and consequential), of every kind and nature whether known or unknown arising out of or relating to:
(a) your posting of any content on, or your use of, the Service or this Application in violation of this Agreement;
(b) any other breach of this Agreement by you; or
(c) your violation of any law or the rights of a third party.
Third Party Beneficiaries. You acknowledge and agree that the Providers are intended to be third-party beneficiaries of the provisions of this Agreement entitled to enforce its provisions as fully as if parties hereto.
Severability. It is the intent of the parties that the provisions of this Agreement shall be enforced to the fullest extent permitted by applicable law. To the extent that the terms set forth in this Agreement or any word, phrase, clause or sentence is found to be illegal or unenforceable for any reason, such word, phrase, clause or sentence shall be modified deleted or interpreted in such a manner so as to afford the party for whose benefit it was intended the fullest benefit commensurate with making this Agreement as modified, enforceable and the balance of this Agreement shall not be affected thereby, the balance being construed as severable and independent.
Unforeseen Events. Neither Paramedics Plus nor you can predict delays or failures in performance under the Agreement resulting from events beyond their reasonable control. This, for example, includes 'acts of God', fire, flood, riots, new laws which prevent the carrying out of the Services, the results of terrorist activity, failures of third party suppliers, and electronic and other power failures. Should such circumstances arise, Paramedics Plus will use its reasonable endeavors to continue to provide the Services but recognizes that you may not be able to wait while the matter is remedied. In such a case, either party may terminate the Agreement with immediate effect by giving written notice to the other.
Injunctive Relief. You acknowledge that Paramedics Plus and its Providers will be irreparably harmed if your obligations under this Agreement are not specifically enforced and that it would not have an adequate remedy at law in the event of an actual or threatened violation by you of your obligations. Therefore, you agree that Paramedics Plus and its Providers will be entitled to an injunction or any appropriate decree of specific performance for any actual or threatened violations or breaches by you without the necessity of showing actual damages or that monetary damages would not afford an adequate remedy.
WAIVER OF TRIAL BY JURY. EACH OF US, TO THE FULLEST EXTENT PERMITTED BY LAW, KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY WAIVE OUR RIGHT TO A TRIAL BY JURY IN ANY ACTION OR OTHER LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT, THE ACCESS, USE AND INTERPRETATION OF THE INFORMATION ON THE APPLICATION, OR ANY SERVICES PROVIDED BY Paramedics Plus OR ITS AFFILIATES OR ITS PROVIDERS. THE WAIVER APPLIES TO ANY ACTION OR LEGAL PROCEEDING, WHETHER SOUNDING IN CONTRACT, TORT OR OTHERWISE. EACH OF US AGREE NOT TO INCLUDE ANY EMPLOYEE, OFFICER, DIRECTOR OR TRUSTEE OF THE OTHER AS A PARTY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM RELATING TO SUCH DISPUTE.
ENTIRE AGREEMENT. THIS AGREEMENT CONSTITUTES THE ENTIRE AGREEMENT BETWEEN YOU AND Paramedics Plus WITH RESPECT TO THIS APPLICATION AND THE SERVICES, AND SUPERSEDES ANY AND ALL PRIOR PROPOSALS, UNDERSTANDINGS, REPRESENTATIONS AND/OR AGREEMENTS, WHETHER ORAL OR WRITTEN, AND ALL OTHER COMMUNICATIONS BETWEEN THE PARTIES REGARDING ITS SUBJECT MATTER.
TRANSFER/ASSIGNMENT. ACCESS TO THIS APPLICATION IS LICENSED ONLY TO YOU. YOU MAY NOT RENT, LEASE, SUBLICENSE, SELL, ASSIGN, PLEDGE, TRANSFER OR OTHERWISE DISPOSE OF YOUR ACCESS, OR ANY OF YOUR RIGHTS OR OBLIGATIONS UNDER THIS AGREEMENT, IN WHOLE OR IN PART, TO ANY OTHER PARTY, WITHOUT Paramedics Plus'S PRIOR WRITTEN CONSENT. ANY PURPORTED ASSIGNMENT IN VIOLATION OF THIS PARAGRAPH WILL BE VOID AND CONSTITUTE A MATERIAL BREACH OF THIS AGREEMENT. Paramedics Plus MAY RENT, LEASE, SUB-LICENSE, SELL, ASSIGN, PLEDGE, TRANSFER, CHARGE OR OTHERWISE DISPOSE OF THIS LICENSE TO ANY AFFILIATE OF Paramedics Plus OR TO A PROVIDER. THIS AGREEMENT IS BINDING UPON AND SHALL INURE TO THE BENEFIT OF ALL PARTIES AND THEIR RESPECTIVE SUCCESSORS, HEIRS, EXECUTOR, ADMINISTRATORS, PERSONAL REPRESENTATIVES AND PERMITTED ASSIGNS.
This Application is controlled, operated, and administered by Paramedics Plus from its offices within the United States of America. Access to the Application from territories where the Application's contents are illegal is prohibited. If you access this Application from locations outside of the United States, you are responsible for compliance with all local laws.
By accessing and using this Application you agree to this Agreement and you agree that your personal information may be stored and processed in the United States.
Should you have questions regarding this Agreement, you may contact Paramedics Plus at firstname.lastname@example.org