THIS SITE AND RELATED SERVICES ARE PROVIDED SUBJECT TO YOUR COMPLIANCE WITH THE TERMS AND CONDITIONS SET FORTH BELOW. PLEASE READ THE FOLLOWING INFORMATION CAREFULLY. YOUR CONTINUED USE OF THIS SITE WILL INDICATE YOUR AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. ACS BOWERS ("BOWERS") MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATION SHALL BE EFFECTIVE IMMEDIATELY UPON EITHER POSTING OF THE MODIFIED AGREEMENT OR NOTIFYING YOU. YOU AGREE TO REVIEW THIS AGREEMENT PERIODICALLY TO ENSURE THAT YOU ARE AWARE OF ANY MODIFICATIONS. YOUR CONTINUED ACCESS OR USE OF THIS WEB SITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS, PROMPTLY EXIT THIS SITE.
A. Restrictions On Use.
All pages within this Web site and any material made available for download (collectively the "Site") are the property of Bowers and/or its affiliates. The Site is protected by federal and international copyright and trademark laws. No portion of the materials on these pages may be reprinted, republished, modified, or distributed in any form without the express written permission of Bowers. You may download material from the Site for your own personal use or the internal use of your business. You shall keep intact any proprietary notices, including copyright notices, contained on any downloaded materials and shall comply with any applicable end user license agreements. Any rights not expressly granted by these Terms and Conditions or any applicable end user license agreements are reserved by Bowers.
^ top of page
B. Disclaimer.
Nothing contained in the Site is intended to be instructional for medical diagnosis or treatment. The information should not be considered complete, nor should it be relied on to suggest a course of treatment for a particular individual. It should not be used in place of a visit, call, consultation or the advice of your physician or other qualified health care provider. Information included in the Site is not exhaustive and does not cover all diseases, ailments, physical conditions or their treatment. Should you have any health care related questions, call or see your physician or other qualified health care provider promptly. Always consult with your physician or other qualified health care provider before embarking on a new treatment, diet or fitness program. You should never disregard medical advice or delay in seeking it because of something you have read in the Site. The information contained in the Site is compiled from a variety of sources ("Information Providers"). Neither Bowers nor Information Providers directly or indirectly practice medicine or dispense medical services as part of the Site. The Site may contain health- or medical- related materials which you find sexually explicit or otherwise offensive. Bowers accepts no responsibility for such materials, and use of the Site is at your own risk. Although Bowers attempts to ensure the integrity and accurateness of the Site, it makes no guarantees whatsoever as to the correctness or accuracy of the Site. It is possible that the Site could include inaccuracies or errors, and that unauthorized additions, deletions and alterations could be made to the Site by third parties. In the event that an inaccuracy arises, please inform Bowers so that it can be corrected. Information contained on the Site may be changed or updated without notice. Bowers and Information Providers make no warranty as to the reliability, accuracy, timeliness, usefulness, adequacy, completeness or suitability of the Site or any content or information contained within it. Bowers and Information Providers cannot and do not warrant against human and machine errors, omissions, delays, interruptions or losses, including loss of data. Bowers and Information Providers cannot and do not guarantee or warrant that files available for downloading from this online site will be free of infection by viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. Bowers and Information Providers do not warrant or guarantee that the functions or services performed in the Site will be uninterrupted or error-free or that defects in the Site will be corrected.
^ top of page
C. Trademark Notice.
"Paradigm" and the "Paradigm" logo are trademarks and service marks of Bowers Information Technologies. All other trademarks, service marks and logos used in this Site are the trademarks, service marks or logos of their respective owners.
^ top of page
D. Digital Millenium Copyright Act.
As provided in the Digital Millenium Copyright Act of 1998, Bowers has designated the following individual for notification of potential copyright infringement regarding materials submitted by Information Providers on this Site:
Executive Vice President
ACS Bowers
9779 South Franklin Drive
Franklin, WI. 53132
Telephone: 800-841-0276
Email: trich@bowersa.com
^ top of page
If you believe materials submitted by Information Providers on this Site infringe a copyright, please provide the following information to the person identified above (17 U.S.C. § 512):
- A physical or electronic signature of the copyright owner or authorized agent;
- Identification of the copyrighted work(s) claimed to have been infringed;
- Identification of the materials that are claimed to be infringing or the subject of the infringing activity and information reasonably sufficient to permit us to locate the identified materials;
- Information regarding how Bowers may contact you (e.g., mailing address, telephone number, e-mail address);
- A statement that the copyright owner or its authorized agent has a good faith belief that use of the material 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 made under penalty of perjury, and, if an agent is providing the notification, a statement that the agent is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
If Bowers removes or disables access to materials according to these Terms and Conditions, Bowers may, in its discretion, provide the Information Provider with a copy of the notification which prompted removal or disabled access to the materials. However, Bowers reserves the right to withhold access to and/or not replace the materials unless ordered to do so by a court or other tribunal of competent jurisdiction.
^ top of page
E. Infringement.
It is Bowers' policy to respect the intellectual property of others and to respond quickly to notices alleging infringement. Bowers reserves the right to terminate access to the Site, and the contribution of material to the Site, of all users and Information Providers who infringe the intellectual property rights of others.
^ top of page
F. Warranty Disclaimer.
THIS SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICE, IS PROVIDED "AS IS," WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE, SITE-RELATED SERVICES, AND HYPERLINKED WEB SITES. BOWERS, ITS AFFILIATES, INFORMATION PROVIDERS AND ITS AND THEIR OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS ARE NEITHER RESPONSIBLE NOR LIABLE TO YOU UNDER ANY THEORY OF LIABILITY OR INDEMNITY IN CONNECTION WITH YOUR USE OF THE SITE. NOTWITH-STANDING THE FOREGOING, BOWERS, ITS AFFILIATES, INFORMATION PROVIDERS AND ITS AND THEIR OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS SHALL NOT BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, SITE-RELATED SERVICE, CONTENT OR INFORMATION CONTAINED WITHIN THE SITE AND/OR ANY HYPERLINKED WEB SITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, SITE-RELATED SERVICES, AND/OR HYPERLINKED WEB SITES IS TO STOP USING THE SITE AND/OR THOSE SERVICES.
^ top of page
G. Indemnification.
You agree to indemnify, defend and hold harmless Bowers, its affiliates and Information Providers and its and their officers, directors, employees and agents from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this Agreement.
^ top of page
H. Confidential and Proprietary Information.
Bowers does not want to receive confidential or proprietary information from you through the Site. Please note that any information or material sent to Bowers through the Site will be deemed NOT to be confidential. By sending Bowers any information or material, you grant Bowers an unrestricted, irrevocable, world-wide, royalty free license to use, reproduce, display, perform, modify, transmit, and distribute those materials or information, and you also agree that Bowers is free to use any ideas, concepts, know-how, or techniques that you send us for any purpose.
^ top of page
I. Links to Our Site.
If you desire to provide a hyperlink from your Web site to our Site, you must agree to be bound by the terms of our Hyperlink License Agreement.
^ top of page
J. Links or Pointers to Other Sites.
Bowers makes no representations whatsoever about any other Web site that you may access through this Site. When you access a non-Bowers Web site, please understand that it is independent from Bowers, and that Bowers has no control over the content on that Web site. In addition, a hyperlink to a non-Bowers Web site does not mean that Bowers endorses or accepts any responsibility for the content, or the use, of the linked site. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, trojan horses, and other items of a destructive nature. You are encouraged to use discretion while browsing the Internet on searches initiated at the Site. Bowers links may lead unintentionally to sites containing information that some people may find inappropriate or offensive. It may also lead to sites which contain inaccurate information, false or misleading advertising, or information which violates copyright, libel or defamation laws. Bowers and Information Providers make no representations concerning any effort to review all of the content of such sites.
^ top of page
K. User Representations.
You represent and warrant that you are at least 18 years of age and that you possess the legal right and ability to enter into this Agreement and to use the Site in accordance with this Agreement. You agree to be responsible for your use of the Site and to comply with your responsibilities and obligations as stated in this Agreement.
^ top of page
L. Choice of Law and Venue.
These Terms and Conditions are entered into in the State of Wisconsin and shall be governed by and construed in accordance with the laws of the State of Wisconsin, exclusive of its choice of law rules. Each party to these Terms and Conditions submits to the exclusive jurisdiction of the state and federal courts sitting in the County of Milwaukee in the State of Wisconsin, and waives any jurisdictional, venue, or inconvenient forum objections to such courts. In any action to enforce these Terms and Conditions, the prevailing party will be entitled to costs and attorney fees. In the event that any of the Terms and Conditions are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these Terms and Conditions shall otherwise remain in full force and effect.
^ top of page
M. Entire Agreement.
These Terms and Conditions constitute the entire agreement between Bowers and you pertaining to the subject matter hereof. In its sole discretion, Bowers may modify these Terms and Conditions by posting the revised version on this Site.
^ top of page
N. No Unlawful or Prohibited Purpose.
As a condition of your use of this Site, you warrant to Bowers that you will not use the Site for any purpose that is unlawful or prohibited by these Terms and Conditions.
^ top of page