Terms of Service

KMS Healthcare, Inc. and/or its affiliates (“KMS,” “we” or “us”) makes available the Web site located at www.kms-healthcare.com (the “Site”) subject to the terms of use (“Terms of Use”)set forth below. Please review the following Terms of Use regarding your use of this Site.

We may update the Terms of Use from time to time. Please regularly check the Site for information about revisions to the Terms of Use. By continuing to use the Site or provide us information through your use of the Site after we make a change to the Terms of Use, you accept the updated provisions in the Terms of Use.

Authorization of Use

You may download, view, copy and print documents and graphics incorporated in the documents, video and other content made available on the Site (the “Content”) subject to the following: (1) the Content may be used solely for your or your organization’s use in connection with products or services you or your organization receive from KMS or for your personal, informational, non-commercial purposes; and (2) the Content may not be modified or altered in any way. Except as expressly provided herein, you may not use, download, upload, copy, print, display, perform, reproduce, publish, license, post, transmit or distribute any information from this Site in whole or in part without the prior written permission of KMS. Additional restrictions regarding your use of the Content may be set forth in the Content itself or the page from which the Content is available.

All rights, title and interest not expressly granted are reserved.

Nothing on the Site shall be construed as conferring by implication, estoppel or otherwise any license or right under any patent or trademark of KMS or any third party or any rights in any products or services provided by KMS.

Disclaimers

THE SITE AND ALL CONTENT ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. KMS HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SITE AND ALL CONTENT, INCLUDING ALL WARRANTIES, IMPLIED OR EXPRESS, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL KMS BE LIABLE FOR ANY DAMAGES WHATSOEVER, (INCLUDING, WITHOUT LIMITATION, DAMAGES RESULTING FROM LOSS OF USE, DATA OR PROFITS), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORT RELATED ACTION, ARISING OUT OF, OR IN CONNECTION WITH, OR IN CONTEMPLATION OF THE USE OR PERFORMANCE OF THE SITE OR ANY CONTENT, EVEN IF KMS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Content on the site is advisory only, and you should not rely on the Content in place of professional services you may receive from KMS as part of an engagement. Content or portions of the Site may contain errors or omissions; KMS may remove, replace, or make changes in the Content without notice at any time; and KMS is under no obligation to update the Content.

User Submissions

Any feedback, comments, suggestions, or the like (“User Submissions”) provided to KMS in through the Site shall be considered as non-confidential information and KMS shall be free to use User Submissions on an unrestricted basis. We do not make any endorsements of any User Submission or any representation that any User Submission is true or accurate.

Site Restrictions

As a condition of your use of the Site, you represent and warrant that you shall not use the Site for any purpose that is unlawful or prohibited by these Terms of Use. You will not submit any false, misleading or inaccurate information to the Site. You will abide by all applicable local, state, national and international laws and regulations and you shall be solely responsible and liable for all of your acts or omissions that occur while you use the Site. By ways of example, and not as a limitation, you will not use the Site to:

• Defame, abuse, harass, stalk, threaten or otherwise violate or infringe the legal rights (such as, but not limited to, rights of privacy, publicity and intellectual property) of others;
• Publish, distribute or disseminate any harmful, inappropriate, profane, vulgar, infringing, obscene, tortious, indecent, immoral or otherwise objectionable material or information;
• Transmit or upload any material to the Site that contains viruses, trojan horses, worms, time bombs, cancelbots, spyware, or any other harmful or deleterious programs;
• Interfere with or disrupt the Site networks or servers;
• Harvest or otherwise collect information from the Site about others, including without limitation email addresses, without proper consent;
• Use the account, login identification, or password of another party to access the Site;
• Otherwise attempt to gain unauthorized access to the Site, other accounts, computer systems or networks connected to the Service, through password mining or any other means; or
• Interfere with another individual’s or entity’s use or enjoyment of the Site.

KMS has no obligation to monitor your use of the Site or retain the content of any of your sessions on the Site. However, KMS reserves the right at all times to monitor, review, retain and/or disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request.

Trademarks

Katalon®, UpStar Labs, Witurn are trademarks or registered trademarks of KMS Healthcare, Inc., in the United States and other countries. Kobiton™ is a trademark of Kobiton, Inc., in the United States and other countries.  These trademarks may be used publicly with permission only from their owners. Use of trademarks in advertising and print or web promotion products or services requires proper attribution.

All other trademarks, service marks, or registered trademarks are the property of their respective owners.  Reference to, description of or use of a product, service, publication or process on the Site does not imply recommendation, approval, affiliation, or sponsorship of that product, service, publication or process by KMS.

Infringement Claims Policy

We respect the intellectual property of others, and we ask you to do the same. If you believe some Content on the Site has been copied in such a way as to constitute copyright infringement, please contact our representative designated below. We may investigate and take appropriate action.

Links to Other Sites

Any links on this Site may let you leave the Site and go to other Web sites. The linked Web sites are not under our control, and we do not endorse and are not responsible for their content, accuracy or any other aspect of any linked site. If you decide to access any of the third party sites linked to this Site, you do this entirely at your own risk.

Privacy

Personal information submitted by you to us through the Site is treated according to the Privacy Policy. located on this Site. Our privacy policy does not apply to other Web sites, and we will not have any liability for the information collection or dissemination policies of third parties. By using this Site, you agree you have read and understand the Privacy Policy, which is a condition to your use of the Site. You should not access the Site if you do not agree with the terms of the Privacy Policy.

Contact Information

All questions, concerns or communications regarding these Terms of Use should be directed to info@kms-healthcare.com.