Terms, Conditions and Privacy
Terms and Conditions of Website Usage Agreement
Thank you for visiting the Terms and Conditions page of the MediPal® Website. Your access and use of this Website is subject to the following Terms and applicable laws. By accessing and browsing the MediPal® Website, you agree to accept these Terms without limitation or qualification.
The MediPal® Website is owned and operated MediPal® Inc., and is protected by copyright under United States and international laws and treaties. All rights are reserved. The content and the software provided are owned by or licensed to MediPal® Inc.
You may not copy, distribute or transmit material from the Website without the prior written consent of MediPal® Inc. No links to the Website may be created without the express written consent of MediPal® Inc. Users of the Website MAY download one copy of any and all materials on the site for personal, non-commercial use, provided they do not modify or alter the materials in any way, or delete or change any copyright or trademark notice or patent status. No rights or licenses in any such material are granted or implied. All material on this Website is provided for lawful purposes only. Images of people or places in this Website are either the property of or used with permission by MediPal® Inc.. The use or misuse of those images except as expressly authorized is prohibited. MediPal® Inc. reserves complete title and full intellectual property rights in materials downloaded from the site.
MediPal® Inc. prides itself on innovation and quality in the design and manufacturing of MediPal® products. Consequently, MediPal® products are protected by a variety of patents, patents pending and trademarks. These patents and trademarks not only recognize that innovation and distinctiveness of MediPal® Inc. intellectual property rights in its products and brands, but also afford legal protection MediPal® Inc. from infringements of these property rights. MediPal® Inc. enforces their intellectual property rights to the fullest extent of the law.
MediPal® Inc. and the design of its products are trademarks or registered trademarks of MediPal® Inc.. All other trademarks or service marks used herein are the property of their respective owners.
©2010 MediPal®, Inc. All rights reserved. Any unauthorized transfer of license, use, sharing, reproduction, or distribution of these materials by any means, electronic, mechanical, or otherwise is strictly prohibited. No portion of these materials may be reproduced in any manner whatsoever, without the express written consent of the publishers. Published under the Copyright Laws of the Library of Congress of the United States of America, By MediPal®, Inc, PO Box 611, Vista, Ca 92085
Phone – (760) 659-0559
Fax – (760) 598-6884
Website – www.medipal.com
While all attempts have been made to verify information provided in this publication, neither the Author nor the Publisher assumes any responsibility for errors, omissions or contradictory interpretation of the subject matter herein.
The publication is not intended for use as a source of legal or accounting advice. The publishers want to stress that the information contained herein may be subject to varying state and/or local laws or regulations. All users are advised to retain competent counsel to determine what state and/or local laws or regulations may apply to the user’s particular business.
The purchaser or reader of this publication assumes responsibility for the use of these materials and information. Adherence to all applicable laws and regulations, both federal and state, and local, governing professional licensing, business practices, advertising and all other aspects of doing business in the United States or any other jurisdiction is the sole responsibility of the purchaser or reader.
You agree not to: (i) share usernames, passwords or other access credentials that allow access to protected portions of any MediPal® Inc. Website by any unauthorized third party; (ii) engage in or facilitate spamming; (iii) post, disseminate or transmit unauthorized advertising, promotional materials, chain letters, junk mail or any other type of unsolicited mass e-mail to people or entities that have not agreed to be part of such mailings; (iv) omit, delete, forge or misrepresent transmission information, including headers, return mailing and Internet protocol addresses, or otherwise manipulate identifiers to disguise the origin of any content; (v) impersonate any person or entity, or falsely state or otherwise misrepresent an affiliation with any person or entity or intentionally omit, delete, forge or misrepresent transmission information, including headers, return mailing and Internet protocol addresses or otherwise manipulate identifiers to disguise the origin of any content transmitted to or via a MediPal® Inc. Website; (vi) disseminate or transmit any content without the right to do so; (vii) send harassing and/or threatening messages to others; (viii) post excessive (20 or more copies of the same article in a 45-day period) or repeated off-topic articles to newsgroups; (ix) engage in ‘flooding’, i.e., ICMP flooding and mail bombing (flooding as used herein is defined as sending large amounts of email repeatedly to the same email address).
You agree not to post, disseminate or transmit any content that: (i) is unlawful, harassing, defamatory, abusive, threatening, obscene, harmful, tortious, libelous, or invasive of another’s privacy; (ii) infringes or violates any party’s author’s right, trademark, trade secret, patent or other proprietary right, including but not limited to using third party materials protected by author’s right law without appropriate permission, using third party trademarks without appropriate permission or attribution, and using or distributing third party information whether or not protected as a trade secret in violation of a duty of confidentiality; (iii) you do not have the right to disseminate or transmit under law, or contractual or fiduciary relationships; or (iv) contains personally identifiable information belonging to minors.
You agree not to: (i) use the MediPal® Inc. Website for any illegal purpose, in violation of any applicable laws or regulation; (ii) publish web pages that contain links that initiate downloads of infringing or other illegal material; (iii) electronically stalk or otherwise electronically harass another; (iv) engage in any Internet activities that would violate the personal privacy rights of others, including but not limited to, collecting and distributing information about Internet users without their permission, except as permitted by applicable law; or (v) conduct Internet raffles or contests that violate applicable laws.
As a further condition of your use of and access to the MediPal® Inc. Website, you agree not to: (i) post, disseminate or transmit any worm, viruses or other harmful, disruptive or destructive files, code or programs via or through the MediPal® Inc. Websites; (ii) use Internet Relay Chat (IRC) bots, i.e., programs that utilize excessive resources by connecting to an IRC network and running 24 hours per day; (iii) hinder the ability of others to use IRC; (iv) disrupt the normal flow on the MediPal® Inc. Website of dialogue or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges; (v) run any program that makes a service or resource available to others, including but not limited to port redirectors, proxy servers, chat servers or Multi-User Dungeons; (vi) interfere with, disrupt, or harm in any way the MediPal® Inc. Website or servers or networks connected to them; (vii) run programs or specifically configure machines in such a way as to keep a dialup connection active when not in use or otherwise bypass automatic disconnection for inactivity, unless a dedicated access account is provided; (viii) use the MediPal® Inc. Website in violation of the rules of any other website providers, websites, chat rooms or the like; (ix) use the MediPal® Inc. Website to access the accounts of others without permission; (x) attempt to penetrate security measures of MediPal® Inc. or another entity, or obtain or bypass others’ passwords; or (xi) engage in denial of service attacks, i.e., actions designed to impair network access by flooding a site or the Internet with useless traffic.
Disclaimer and Limitation of Liability
By using the website, you expressly agree that use of the website is at your sole risk. The website is provided on an “as is” and “as available” basis. MediPal® Inc. does not warrant that use of the website will be uninterrupted or error-free. MediPal® Inc. does not warrant the accuracy, integrity or completeness of the content provided on the website or the products or services offered for sale on the MediPal® Inc. website. MediPal® Inc. specifically disclaims all warranties, whether expressed or implied, including but not limited to warranties of title, merchantability or fitness for a particular purpose, to the fullest extent possible under applicable laws. No verbal information provided by MediPal® Inc. shall create a warranty. Under no circumstances shall MediPal® Inc. be liable for any direct, indirect, incidental, special or consequential damages that result from your use of or inability to use the website, including but not limited to reliance by you on any information obtained from the website that results in mistakes, omissions, interruptions, deletion or corruption of files, viruses, delays in operation or transmission, or any failure of performance. The foregoing limitation of liability shall apply whether in an action of contract, negligence or other tortuous action, even if an authorized representative of MediPal® Inc. has been advised of or should have knowledge of the possibility of such damages. This paragraph shall apply to all content, merchandise and services available through the website.
The purchaser/user of the MediPal® Badge product assumes full responsibility for the accuracy of information provided, the placement of the MediPal® Badge on any user’s safety belt or physical self, and/or any harm produced by the Badge itself or from any contents placed in Badge. Information provided which results in disclosure of information to unwanted parties or resulting in identity theft, is the sole responsibility of the purchaser/user.
Applicability of Content
Information on this site includes description of products and services that may be available in the United States of America only. This site is operated in the State of California, United States of America, and MediPal® Inc. makes no representation that the content provided is applicable or appropriate for use in other locations.
Intended for Users Over 13
Enforcement of Terms and Conditions
These Terms are governed and interpreted pursuant to the laws of the State of California, United States of America, without reference to its provisions concerning conflicts of law. Any and all dispute(s) concerning the validity or interpretation of these Terms, or performance hereunder, shall be brought exclusively in a court of competent jurisdiction located in the County of San Diego, State of California, which shall constitute the exclusive venue for any such dispute(s). If any part of these Terms is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of the remaining provisions. MediPal® Inc. may revise these Terms at any time by updating this posting. MediPal® Inc. may terminate this agreement at any time, without notice and for any reason.
MediPal® Inc. Website
What Type of Personal Information Do We Collect and Use?
Whenever you register a MediPal® Inc. product, send us an email, purchase products from the MediPal® Inc. Website, register as a MediPal® Inc. member, enter to win a contest, subscribe to one of our newsletters, or otherwise transmit information via the MediPal® Inc. Website, MediPal® Inc. may obtain and collect personally identifiable contact information (expressed herein generally as “personal information”) such as your name, email address, payment information (i.e. credit card number/expiration date), and/or mailing address, subject to your ability to “opt-out” of our future use or disclosure of such information.
MediPal® Inc. will never disclose your email address to third parties for use in connection with any email marketing campaign of a third party or business partner.
MediPal® Inc. may always use personal information in the following ways:
to enable us to respond to you generally, or to process, validate and verify requests and/or purchase orders
to perform any services requested by you
to compile and/or distribute aggregate – never individual – information about our website users and aggregate usage patterns
to provide our own website designers with useful information for developing new features and services that meet your needs
to tailor your experience on our websites, showing you content we think might interest you or altering the content according to your personal preferences
as part of an online employment application to evaluate your qualifications only
MediPal® Inc. will not disclose your email address for use in connection with a third party’s marketing efforts.
MediPal® Inc. may also use personal information for all marketing and survey purposes on behalf of itself and its affiliates. MediPal® Inc. may appoint third party agents in connection with such marketing and survey efforts. MediPal® Inc. may disclose personal information to select business partners for use in connection with direct mail marketing efforts, but that personal information will not include your email address.
If you have “opted-out”, MediPal® Inc. will use or disclose your personal information only as stated above, or: (1) when legally ordered to do so by a lawful subpoena or court order, (2) if you violate or breach an agreement with MediPal® Inc. , (3) if we believe you will harm the property or rights of MediPal® Inc. or those of MediPal® Inc.’s other customers, (4) under exigent circumstances to protect the physical safety of MediPal® Inc. , its employees, users or the general public, or (5) to validate credit card numbers for charging for fee services.
MediPal® Inc. may share aggregate statistical information with business partners, sponsors or other third parties, but none of them receive individual identifying information about you. For example, we may tell an advertiser that X number of visitors visited a certain area on a website, or that Y number of men and Z number of women filled out registration forms, but we would not disclose anything that uniquely identifies those individuals.
Unsolicited Emails Received by You
MediPal® Inc. does not send unsolicited bulk emails to anyone who has requested that we do not contact them. We send our newsletters only to those who have taken affirmative steps to subscribe. If you have inadvertently received one of our newsletters, or if you simply wish to stop receiving them, please follow the “unsubscribe” instructions contained in each newsletter or send a request to be unsubscribed to firstname.lastname@example.org.
Any information, including but not limited to remarks, suggestions, ideas, graphics or other submissions, communicated to MediPal® Inc. through this site, is not confidential. MediPal® Inc. shall be entitled to reproduce, distribute or use any such information submitted for any purpose without compensation to the person sending the submission.
The user acknowledges the originality of any submission communicated to MediPal® Inc. and accepts responsibility for its accuracy, appropriateness and legality.
Chat Rooms and Forums
The MediPal® Inc. Website may now or in the future include chat rooms, forums, and/or news groups. Any information that is disclosed in these areas becomes public information. You should exercise caution before disclosing your personal information via these public venues, which you do at your own risk. If you do so, you may receive unsolicited emails or “spam” from others. MediPal® Inc. cannot safeguard the privacy of personal information that is disclosed online in this manner.
Message Board Blog
The MediPal® Inc. Website may now or in the future include a message board, and/or news groups. Any information that is disclosed in these areas becomes public information. You should exercise caution before disclosing your personal information via these public venues, which you do at your own risk. If you do so, you may receive unsolicited emails or “spam” from others. MediPal® Inc. cannot safeguard the privacy of personal information that is disclosed online in this manner.
MediPal® Inc Social Media and Publications
Disclaimer: Other than directly from MediPal Staff or representatives, the articles, comments or opinions that appear on the MediPal Website, in the MediPal Newsletter or on any of MediPal’s social media pages, (such as Facebook, etc.), or found on pages that you can link to from these same locations named above, are chosen from a variety of sources to reflect topics of interest to anyone involved in safety and the care of the elderly, the disabled, those with special needs or seniors in general, to include but not limited to; physicians, health care providers, attorneys, regulators, legislators. Neither the article, comment or opinion, or an advertiser’s inclusion in the MediPal’s Newsletter, website or social media pages, or found within the links provided, implies that MediPal Inc. endorses, supports or verifies its contents or expressed opinions. Factual errors are the responsibility of the listed publication, or commenter.
keep count of return visits to the MediPal® Inc. Website
accumulate and report anonymous, aggregate, statistical informationon website usage
deliver content specific to your interests or past viewing history
Save your password so you don’t have to re-enter it each time you visit our websites.
You can also disable cookies. By modifying your browser preferences, you can accept or reject all cookies, or request a notification when a cookie is set.
MediPal® Inc. does not store or record the Internet Protocol (“IP”) addresses of visitors to the Website for marketing purposes, although we may store IP addresses in server logs for system maintenance purposes or to store the source location whenever someone provides Personal Information. An IP address is a number assigned to your computer whenever you access the Internet. An Internet Service Providers (“ISP”) typically assigns a random IP addresses at the time of your dial-up. For local area network (“LAN”), DSL, or cable modem users, an IP address may be permanently assigned to a particular computer. We cannot determine your identity solely based upon your IP address. Your IP address can, however, reveal what geographic area you are connecting from, or which ISP you are using. Finally, other websites you visit have IP addresses, and we may collect the IP addresses of those websites and their pages, but these IP addresses are never associated with Internet users.
The MediPal® Inc. Website uses physical, electronic and managerial security measures to protect the loss, misuse and alteration of information under our control.
Unfortunately, no data transmission over the Internet or any wireless network can be guaranteed to be 100% secure. As a result, while we strive to protect your personal information, we cannot ensure or warrant the security of any information you transmit, and you do so at your own risk. Once we receive your transmission, we make our best effort to ensure its security on our systems. You can report network abuse and any risk of security violations to us by emailing email@example.com.
Children’s Online Privacy Protection
The MediPal® Inc. Website complies with the Children’s Online Privacy Protection Act of 1998, which protects the privacy of children using the Internet. MediPal® Inc. does not knowingly collect contact or personal information from children under 15. The MediPal® Inc. Websites are not intended to solicit information of any kind from children under 15, and are designed to block our knowing acceptance of any such information. It is possible that by fraud or deception we may receive information pertaining to children under 15. If we are notified of this, as soon as we verify the information, we will immediately obtain parental consent or otherwise delete the information from our servers. If you want to notify us of our receipt of information by children under 15, please do so by emailing us at firstname.lastname@example.org.
All information contained within the MediPal® website is intended for educational purposes only. Consumers should never disregard medical advice or delay in seeking it because of something they may have read on this website or in any MediPal® email.
The purchaser/user assumes full responsibility for accuracy of information provided while using or being in possession of the MediPal® ID, placement of the MediPal® ID on user’s safety belt or physical self, and/or any harm produced by the MediPal® ID itself, or from any contents placed in or attached to the MediPal® ID. Information provided which results in disclosure of information to unwanted parties or resulting in identity theft is the sole responsibility of the purchaser/user. It is entirely up to the /parent/caregiver/purchaser/user of the MediPal® ID as to how much or how little information is noted/revealed on the MediPal Insert or other document(s) enclosed within the MediPal® ID.