ACS Diagnostics Terms and Conditions
The ACS Diagnostics Site is a holter monitoring company, offering services, products and information. Please read these Terms & Conditions carefully before you access, use, or submit any personal information to the Acsd4u.com website. By accessing, using, and/or submitting personal information to the Acsd4u.com website, you have agreed to be bound by the Terms & Conditions set forth below. If you do NOT wish to be bound by these Terms & Conditions, you may not access, use, or submit any personal information to the Acsd4u.com website. Acsd4u.com reserves the right to modify these Terms & Conditions at any time, and such modifications shall be effective immediately upon publishing (posting) of the modified Terms & Conditions Agreement on the Acsd4u.com website. By accessing, using, or submitting personal information to the Acsd4u.com site, you agree to review the agreement periodically to be aware of such modifications and your continued access or use of the Acsd4u.com website shall be deemed your conclusive acceptance of the modified Terms & Conditions.
While every reasonable effort is made to ensure that the information provided on the Acsd4u.com website is accurate, no guarantees for the currency or accuracy of information are made. The Acsd4u.com website and material relating to information, products and services (or to third party information, products and services), is provided ‘as is’. It is provided without any representation or endorsement made and without warranty of any kind, whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
Acsd4u.com does not accept any responsibility for any loss, disruption or damage which may occur from the information derived from this website. Acsd4u.com does not warrant that the information contained in this site will be correct, inaccurate or error free. Also, Acsd4u.com does not warrant that incorrect information or inaccuracies will be corrected, or that this site or the server that makes it available is free of viruses or represents the full functionality, accuracy, and reliability of the materials.
In no event will Acsd4u.com be liable for any loss or damage including, without limitation, indirect or consequential loss or damage, or any loss or damages whatsoever arising from use or loss of use of, data or profits arising out of or in connection with the use of Acsd4u.com website.
These Terms and Conditions shall be covered by and construed in accordance with the laws of the United States of America. Any dispute arising under these Terms and Conditions shall be subject to the exclusive jurisdiction of the courts of California.
Your privacy is extremely important to us. To better protect your privacy, we provide this notice to explain our online informational practices and the choices you can make about the way your information is collected and used. This notice applies to all information collected or submitted on the Acsd4u.com website.
The only personal information we collect is facility name, facility type, contact name, city, state, zip code, email address, phone number, product or service of interest, occupation and projected intent to purchase and/or subscribe to ACS Diagnostics products and/or services.
We use the information submitted from you to reach out to you for sales and with your permission to add you to our email subscription list.
Such personal information as we collect online is not used for any other purpose and is not shared in ways or outside the scope of such intent as described above.
To prevent unauthorized access, maintain data accuracy, and insure correct use of information, we put into place appropriate physical, electronic, and managerial procedures to safeguard and secure the information we collect online.
You can correct factual errors in your personally identifiable information by sending us a request detailing the error(s). To protect your privacy and security, we will also take reasonable steps to verify your identity before granting access or making corrections. In the unlikely event any of the personal information you supply us online is misused, you may redress these issues by contacting us directly at [email protected] Diagnostics.
Copyright, Licenses and Idea Submissions.
The entire contents of the Site are protected by international copyright and trademark laws. The owner of the copyrights and trademarks are ACS Diagnostics, its affiliates or other third party licensors. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE SITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE. You may print and download portions of material from the different areas of the Site solely for your own non-commercial use provided that you agree not to change or delete any copyright or proprietary notices from the materials. You agree to grant to ACS Diagnostics a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sub-license, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products and services) you submit to any public areas of the Site (such as bulletin boards, forums and newsgroups) or by e-mail to ACS Diagnostics by all means and in any media now known or hereafter developed. The intended use for information provided to ACS Diagnostics is deemed for further interactions between ACS Diagnostics and you. You also grant to ACS Diagnostics the right to use your name in connection with the submitted materials and information for the purposes stated above. You agree that you shall have no recourse against ACS Diagnostics for any alleged or actual infringement or misappropriation of any proprietary right in your communications to ACS Diagnostics.
Publications, products, content or services referenced herein or on the Site are the exclusive trademarks or service marks of ACS Diagnostics. Other product and company names mentioned in the Site may be the trademarks of their respective owners.
Use of the Site.
You understand that, except for information, products or services clearly identified as being supplied by ACS Diagnostics, ACS Diagnostics does not operate, control or endorse any information, products or services on the Internet in any way. Except for ACS Diagnostics- identified information, products or services, all information, products and services offered through the Site or on the Internet generally are offered by third parties, that are not affiliated with ACS Diagnostics. Although we strive to provide the most accurate and objective information, ACS Diagnostics cannot provide any guarantees related to the companies, products, services, intended use, billing & reimbursement, or other information provided. All information provided can vary slightly and are subject to change at any time. We recommend you confirm the accuracy of the information provided with third party professionals & legal counsel prior to the acquisition, application or practice related to the information, products & services provided on the ACS Diagnostics website. ACS Diagnostics is not responsible or liable in any way for any inaccuracies, damages or failures related to the information provided on the website. Further, you also understand that ACS Diagnostics cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data.YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE INTERNET. ACS Diagnostics PROVIDES THE SITE AND RELATED INFORMATION “AS IS” AND DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NON-INFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE, ANY MERCHANDISE INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY, AND ACS Diagnostics SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY. ACS Diagnostics DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED.
YOU UNDERSTAND FURTHER THAT THE PURE NATURE OF THE INTERNET CONTAINS UNEDITED MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. YOUR ACCESS TO SUCH MATERIALS IS AT YOUR RISK. ACS Diagnostics HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS.
Limitation of Liability
IN NO EVENT WILL ACS Diagnostics BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE SERVICE, OR DOWNLOADED FROM THE SERVICE, OR ANY DELAY OF SUCH INFORMATION OR SERVICE. EVEN IF ACS Diagnostics OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH THE SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, ACS Diagnostics LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. ACS Diagnostics makes no representations whatsoever about any other web site which you may access through this one or which may link to this Site. When you access a non-ACS Diagnostics web site, please understand that it is independent from ACS Diagnostics, and that ACS Diagnostics has no control over the content on that web site. In addition, a link to a ACS Diagnostics web site does not mean that ACS Diagnostics endorses or accepts any responsibility for the content, or the use, of such web site.
Third Party Rights.
The provisions of these Terms & Conditions are for the benefit of ACS Diagnostics and its officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the Service. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
This Agreement may be terminated by either party without notice at any time for any reason. The provisions of paragraphs 1 (Copyright, Licenses and Idea Submissions), 2 (Use of the Service), 3 (Indemnification), 4 (Third Party Rights) and 6 (Miscellaneous) shall survive any termination of this Agreement.
This Agreement shall be governed and construed in accordance with the laws of The United States of America applicable to agreements made and to be performed in The United States of America. You agree that any legal action or proceeding between ACS Diagnostics and you for any purpose concerning this Agreement or the parties’ obligations hereunder shall be brought exclusively in a court of competent jurisdiction sitting in the state of California in the United States of America . Any cause of action or claim you may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. ACS Diagnostics’s failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. ACS Diagnostics may assign its rights and duties under this Agreement to any party at any time without notice to you.
Any rights not expressly granted herein are reserved.