Terms and Conditions
This web site is operated by Medi USA, LP, ("medi"), the manufacturer of Restiffic products. Throughout the site, the terms "we," "us" and "our" refer to medi. Terms “you” and “your” refer to you, the user.
Our company slogan – "medi. I feel better." – reflects our view of ourselves as a partner to everyone who operates in the medical aids market.
With our products and technologies, we would like to make people’s lives easier, better and more comfortable. We aim to do this by meeting the different needs of all our customers, every day and throughout the world.
“I feel better” is therefore a promise that becomes a reality with medi, because we offer indication-specific and effective product solutions to the highest standards, which, with the help of our pioneering, individual concepts and dense customer service network, can be provided wherever they are needed.
Our products and technologies are always at the cutting edge of development everywhere in Germany and in many other countries throughout the world. More information about medi can be found at this website: www.mediusa.com
GENERAL PUBLIC: USING THE CONTENT ON OUR WEB SITE
Unless otherwise noted, all text, images, graphics, photographs, video clips, designs, icons, sounds, information, data and other materials (the "Content") on medi’s web site are copyrights, trademarks, service marks or other intellectual property or propriety rights owned or licensed by medi.
You may use the Content only for limited, internal, noncommercial, informational purposes. You may print out a single copy of the Content solely for those purposes, if the copy bears all copyright, trademark, service mark and other intellectual property and proprietary notices displayed on the web page.
You may not distribute, publish, transmit, modify, create derivative works from, or in any way exploit, any of the Content, in whole or in part, for any purpose. Except as authorized in this paragraph, you are not being granted a license under any copyright, trademark, service mark, patent or other intellectual property or proprietary right in the content. Under no circumstances will you obtain any rights in the products, services, processes or technology described in the content. All those rights are retained by medi and any third party owners of those rights.
AUTHORIZED REGISTERED USERS: USING THE MARKETING PACKET
medi provides dealers, distributors and physicians (“Authorized Registered Users”) with marketing materials to assist them in marketing medi products. These marketing materials, include medi’s copyrighted text and images, and registered trademarks and service marks (collectively, the " medi Marketing").
Intellectual Property & License.
You acknowledge that all the components of medi Marketing are the property of medi. All medi intellectual property, including medi logos, trademarks and service marks are protected by United States and International trademark and service mark registrations and common law rights. The text and images are protected by copyright.
Business information contained in these materials that is not publicly available is confidential and protected by trade secret rights.
You are hereby granted a non-exclusive, royalty-free license to reproduce and display the medi Marketing so long as you comply with the limitations in the "Limitations on Use of medi Marketing" section below.
Limitations on Use of medi Marketing.
Except as expressly noted below, each component of medi Marketing must be used in its entirety as it appears in the images provided including any and all text, warnings, contraindications, notices that a product is only available by prescription, and copyright and trademark notices (collectively, the "Notices"), and all Notices will be reproduced in the same size font and with the same prominence, relative to the remainder of the medi Marketing, as provided in images.
The medi Marketing may be reproduced by you, in their entirety, in different sizes and media, provided all Notices remain legible and prominent. Portions of text that describe the benefits or features of a particular medi product may be deleted or omitted, but not otherwise altered, edited or revised, by you, provided that the omitted or deleted text does not contain, in whole or in part, a warning, contraindication or other Notice.
Any use of the medi Marketing in connection with your business, including, without limitation, use in advertising or on the Internet, must include: Your company's trade name more prominently displayed than the medi mark; statement that the marks are registered trademarks and service marks owned by medi; and, Your full, legal business name and mailing address.
The medi Marketing may not be used in a manner that, in medi’s sole opinion, indicates or creates the impression that medi is the sponsor of your or another third party's services or goods, advertisements, web sites or other marketing materials in any media, whether now known or hereafter invented.
Termination of License.
The license to use medi Marketing will automatically terminate when your status as an Authorized Registered User terminates, or upon written notice from medi.
The license to use medi Marketing will automatically terminate upon the violation of the licensing restrictions
All medi Marketing must be returned to medi, within thirty (30) days of such termination, at your expense.
LINKS TO OTHER WEB SITES AND REFERENCES TO OTHER COMPANIES
If we, at medi, need to ask you anything, we will ask you directly. The answers to these questions are given voluntarily. medi guarantees that your details will be treated confidentially in accordance with the applicable data protection regulations.
All personal data collected by medi on the website will be used for the exclusive purpose of providing you with a personalized service or stored and processed in order to send you product information and offers and – if required for processing your enquiries – passed on to medi affiliated companies, but only to the extent necessary for order-related purposes.
After logging in, medi Authorized Registered Users may be able to access the log-in-protected areas of medi’s web sites, depending upon the level of access granted. The personal data for accessing log-in-protected areas is handled strictly in accordance with the relevant state and federal law.
You may withdraw your permission for the use of your data at any time by providing written notice to medi.
Of course, each time you access the medi web site, the data pertaining to this process is stored in a protocol file. The data relating to medi's generally accessible website pages is non-personally identifiable. The stored data are evaluated for the further development of the medi web site offerings. That stored data will not be passed on to third parties for commercial or non-commercial purposes.
YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE RESERVE THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE SITE OR ANY FEATURE OR PART THEREOF AT ANY TIME. medi EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES THAT MATERIALS ON THE SITE ARE NONINFRINGING, AS WELL AS WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING; THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE SITE WILL BE SECURE; THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE WILL BE VIRUS-FREE; OR THAT INFORMATION ON THE SITE WILL BE COMPLETE, ACCURATE OR TIMELY.
IF YOU DOWNLOAD ANY MATERIALS FROM THIS SITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIALS.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM medi OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY OF ANY KIND. medi DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS ON THIS SITE IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE.
LIMITATION OF LIABILITY
YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE SITE. YOU ACKNOWLEDGE AND AGREE THAT ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR USE OF THE SITE MAY NOT BE SECURE AND MAY BE INTERCEPTED BY UNAUTHORIZED PARTIES.
YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SITE IS AT YOUR OWN RISK AND THAT THE SITE IS MADE AVAILABLE TO YOU AT NO CHARGE.
YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER medi NOR ITS AFFILIATES, SUPPLIERS OR THIRD PARTY CONTENT PROVIDERS WILL BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THE SITE, OR ANY OTHER SITE YOU ACCESS THROUGH A LINK FROM THIS SITE OR FROM ANY ACTIONS WE TAKE OR FAIL TO TAKE AS A RESULT OF COMMUNICATIONS YOU SEND TO US, OR THE DELAY OR INABILITY TO USE THE SITE, OR FOR ANY INFORMATION, PRODUCTS OR SERVICES ADVERTISED IN OR OBTAINED THROUGH THE SITE, medi’s REMOVAL OR DELETION OF ANY MATERIALS SUBMITTED OR POSTED ON ITS SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF medi, ITS AFFILIATES OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
THIS DISCLAIMER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUSES, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, YOUR LOSS OF PROFITS, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OR USE OF ANY RECORD OR DATA, AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS.
You agree to indemnify medi, its direct and indirect parent companies, subsidiaries, affiliated companies, employees, agents, attorneys, officers, directors, volunteers and shareholders (collectively, the "Affiliates") and hold medi and the Affiliates harmless from all claims asserted, costs, expenses, judgments and liability (including attorneys' fees and litigation costs and expenses) including, without limitation, claims of trademark, service mark, trade dress and/or copyright infringement, arising from or caused by your use of the Content or the medi Marketing in violation of these Terms or in combination with other material created by you or any third party.
CHOICE OF LAW & VENUE
Any dispute referring or relating to the Terms or between the parties shall be governed by the laws of the State of North Carolina, without regard to its conflict of laws principles. You agree to submit to the exclusive jurisdiction of the state and federal courts located in Guilford County, North Carolina.
If any term or provision of the Terms is held void, illegal or unenforceable, the validity of the remaining portions of the Terms will not be affected thereby.
The Terms constitute the entire agreement between the parties with respect to the matters referred to herein.