TERMS AND CONDITIONS
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS
SITE. Your use of this site is expressly conditioned on your acceptance
of the following terms and conditions. By using this site, you represent
that you are of sufficient legal age to create binding legal obligations
for any liability that may incur as a result of your use of this site
and signify your assent to these terms and conditions. If you do not agree
with any part of the following terms and conditions, you must not use
Limited permission to view using a browser and to cache granted.
All images, web site design elements, text, graphics, logos, buttons,
icons, other content, the presentation, selection and arrangement thereof,
and all software Copyright © 2001, 2009, NICU Solutions, Inc.
P.O. Box 854 Bolingbrook, Illinois 60440-0854
ALL RIGHTS RESERVED.
1. OWNERSHIP. This site (Site), and each of its components, is the copyrighted
property of NICU Solutions ("NICU"), and/or its various third party providers
and distributors. Portions of the content found on this Site may be owned
by third party providers and distributors and is the copyrighted work
of the respective third party providers. None of the content or data found
on this Site may be reproduced, republished, distributed, sold, transferred,
or modified without the express written permission of NICU and/or its
third party providers and distributors. In addition, the trademarks, logos
and service marks displayed on this Site (collectively, the "Trademarks")
are registered and common law Trademarks of NICU their affiliates, and
various third parties. Nothing contained on this Site should be construed
as granting, by implication, estoppel, or otherwise, any license or right
to use any of the Trademarks without the written permission of NICU or
such other party that may own the Trademarks.
2. USE OF SITE. You may only use this Site to browse the content for informational
purposes, make inquiries to NICU, and not for any other purposes. This
Site and the content provided in this Site may not be copied, reproduced,
republished, uploaded, posted, transmitted or distributed without the
written permission of NICU, except that you may download, display and
print one copy of the materials presented on this Site on a single computer
for your personal, non-commercial use only. Unauthorized use of this Site
and/or the materials contained on this Site may violate applicable copyright,
trademark or other intellectual property laws or other International laws.
NICU may refuse access to this Site to any individual or organization
for any reason not prohibited by law.
3. EXCLUSION OF WARRANTY. NICU AND ANY THIRD PARTY PROVIDERS AND DISTRIBUTORS
MAKE NO WARRANTY OF ANY KIND REGARDING THIS SITE AND/OR ANY MATERIALS
PROVIDED ON THIS SITE, ALL OF WHICH ARE PROVIDED ON AN "AS IS" BASIS.
NICU AND ANY THIRD PARTY PROVIDERS AND DISTRIBUTORS DO NOT WARRANT THE
ACCURACY, COMPLETENESS, CURRENCY OR RELIABILITY OF ANY OF THE CONTENT
OR DATA FOUND ON THIS SITE AND SUCH PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES
AND CONDITIONS, INCLUDING IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND THOSE ARISING
BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF
4. LIMITATION OF LIABILITY. NICU ASSUMES NO RESPONSIBILITY, AND SHALL
NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT YOUR COMPUTER
EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING
IN THIS SITE OR YOUR DOWNLOADING OF ANY MATERIALS, SOFTWARE, DATA, TEXT,
IMAGES, VIDEO, AUDIO OR OTHER MATERIAL FROM THE SITE. IN NO EVENT SHALL
NICU OR ANY THIRD PARTY PROVIDERS OR DISTRIBUTORS BE LIABLE FOR ANY INJURY,
LOSS, CLAIM, DAMAGE, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL
OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO LOST
PROFITS OR LOST SAVINGS), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY,
OR OTHERWISE, WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH (I)
ANY USE OF THIS SITE OR CONTENT FOUND HEREIN, (II) ANY FAILURE OR DELAY
(INCLUDING, BUT NOT LIMITED TO THE USE OF OR INABILITY TO USE ANY COMPONENT
OF THIS SITE), OR (III) THE PERFORMANCE OR NON PERFORMANCE BY NICU OR
ANY THIRD PARTY PROVIDERS OR DISTRIBUTORS, EVEN IF SUCH PARTY HAS BEEN
ADVISED OF THE POSSIBILITY OF DAMAGES TO SUCH PARTIES OR ANY OTHER PARTY.
5. INDEMNIFICATION. You shall defend and indemnify NICU and any third
party providers and distributors and their officers, directors, employees
and agents from and against any claim, cause of action or demand, including
without limitation reasonable legal fees, brought by third parties as
a result of your use of this Site.
6. HEALTH RELATED INFORMATION. You should be aware that the material that
appears on this Site is for informational purposes only and is not meant
to substitute for individualized advice provided by a physician or other
medical professional. You should not use the information contained herein
for diagnosing or treating a health problem or disease, or prescribing
any medication. You should read carefully all product packaging. If you
have or suspect that you have a medical problem, promptly contact your
health care provider. The information and services offered on this Site
are provided with the understanding that neither NICU nor its suppliers
or its contributors are engaged in rendering medical, professional or
legal services or advice. This Site may contain forward-looking statements
that may differ materially from actual developments and, as such, should
not be replied upon. NICU will not be held responsible for any damages
the user suffers or inflicts upon another party. Any information provided
on this Site is not intended to be used in lieu of any standard recognized
medical protocol but rather is intended for informational and educational
purposes only. Products or treatments described on this Site may not be
available in all countries or may be available under a different brand
name, in different strengths, or for different indications. Information
presented or contained herein may not have been evaluated by the United
States Food and Drug Administration or any international regulatory body.
Any reference to a specific product or treatment is for your information
only and may not be construed as an offer or enticement to purchase and
is not intended to diagnose, treat, cure, or prevent any disease.
7. GOVERNING LAW AND ARBITRATION. Any controversy or claim arising out
of or in connection with this Agreement or the breach thereof, shall be
settled by arbitration in Chicago, Illinois USA in accordance with the
then-prevailing Rules of Commercial Arbitration of the American Arbitration
Association, and judgment on the awards granted by the arbitrator may
be entered in any court having competent jurisdiction thereon. The parties
agree that any such arbitration shall be held within thirty (30) days
of first submitting the demand for arbitration, and unless all parties
agree otherwise, the hearing shall not exceed one (1) day. Any ruling
shall be issued by the arbitrator within two (2) days following the hearing.
8. SEVERABILITY. These terms and conditions shall be deemed severable.
If any provision is determined to be unenforceable or invalid, such provision
shall nonetheless be enforced to the fullest extent permitted by applicable
law, and such determination shall not affect the validity and enforceability
of any other remaining provisions.
9. MODIFICATION. NICU may at any time modify these terms and conditions
and your continued use of this Site will be conditioned upon the terms
and conditions in force at the time of your use.
NICU respects the privacy of its customers and understands the importance
of privacy to visitors to our Site. We may collect and store information
so that we can efficiently provide information services to our users. This
privacy statement is designed to help you understand what information we
gather and what we do with the information.
Users may have the option of submitting registration information or subscribing
to informational services available through NICU. "Registration Information"
means any personal information (including any billing information) you submit
when registering with NICU or NICUSOLUTIONS.COM for newsletters, updates,
or other informational services available through NICU. The Registration
Information you submit will be used by NICU for purposes of operating NICU
and any other internal business purpose of NICU reasonably related to such
operations. NICU reserves the right to, at its sole discretion, disclose
to third parties certain information contained in our registration files,
but under no circumstances will we disclose any credit card information
without your prior consent, except as required by law.
Children. NICU strongly believes in protecting the privacy of children
online (we define "children" as minors younger than 13). As such, NICU
does not knowingly collect or use any personal information from children
or knowingly allow children to register with us. IN TRANSMITTING ELECTRONIC
COMMUNICATIONS TO NICU, THE USER OF THIS WEB SITE IS REQUESTING THAT NICU
SEND INFORMATION TO OR CONTACT THE USER REGARDING OUR PRODUCTS AND/OR
SERVICES. NICU WILL MAKE EVERY EFFORT TO ACCOMMODATE REASONABLE REQUESTS
FOR INFORMATION IN A TIMELY MANNER BUT MAKES NO GUARANTEES FOR THE TIMELINESS
OF SUCH RESPONSES. THE USER SHOULD BE AWARE THAT NICU IS NOT RESPONSIBLE
FOR DELAY, NON-DELIVERY OR NON-RECEIPT OF ANY INFORMATION EXCHANGED BETWEEN
NICU AND THE USER OR VICE-VERSA DUE TO INTERNET CONNECTIVITY PROBLEMS,
MAN-MADE OR NATURAL DISASTERS, FORCE MAJEURE, COMPUTER MALFUNCTIONS OR
INCORRECT CONTACT INFORMATION (INCLUDING BUT NOT LIMITED TO E-MAIL ADDRESSES,
MAILING ADDRESSES, TELEPHONE, CELLULAR, PAGER OR FAX NUMBERS) SUPPLIED
BY THE USER.
We reserve the right, at any time and without notice, to add to, change,
we will post those changes on this page so that you are always aware of
what information we collect, how we use it, and under what circumstances
we disclose it. Any such change, update or modification will be effective
immediately upon posting on the Site.
Our postal address is:
NICU Solutions, Inc.
P.O. Box 854
We can be reached via e-mail at email@example.com.
We can be reached via telephone at (630) 305-3599
Last updated on June 1, 2013.