Terms & Conditions
Gifted Healthcare TERMS AND CONDITIONS
Last Updated: June 20, 2022
The Terms and Conditions (“Terms”) describe how Gifted Healthcare, 2748 Metairie Lawn Dr, Metairie, LA 70002, USA (“Company,” “we,” and “our”) regulates your use of this website www.giftedhealthcare.com (the “Site”). Please read the following information carefully to understand our practices regarding your use of the Site. The Company may change, modify, add or remove portions of these Terms at any time. The Company recommends you check the Site frequently to see the actual version of the Terms and their previous versions. By entering our Site, you acknowledge that you have read and understand these Terms, accept them, and agree to be legally bound by them without limitation or qualification.
If you represent a legal entity, you certify that you are entitled by such legal entity to agree to the Terms for the legal entity you represent.
If you do not agree to these Terms you should exit the Site immediately.
2. YOUR ACCOUNT
You agree that you shall be responsible for ensuring the confidentiality of your account, password and other credentials, and for secure access from and to your device. You shall not share or assign your account, password, or access to anyone. The Company is not responsible for unauthorized access to your account that results from misappropriation or theft of your account by anyone for any purpose. The Company may refuse or cancel service, terminate your account, and remove or edit content at any time and for any reason allowed under applicable law.
The Company does not knowingly collect personal data from persons under the age of 18 (eighteen). If you are under 18 (eighteen) years old, you may not use the Site and may not enter into the Terms under any circumstances.
3. USE OF THE WEBSITE
You agree that you will not access or use the Site in any manner that could damage, disable, impair or cause undue burden on the Site and/or its host, servers, network, systems or other users. You agree that you will not attempt to interfere in any way with the operation of the Site (including with the delivery of any services), that you will not transmit any virus or worm to the Site, that you will not use any spider, robot, data mining tool or other automatic device, or any other manual process or means, to access the Site and/or its servers or systems to extract, download, monitor, gather, transmit or copy any of the data or material in the Site (including, without limitation, account information, listings, images, or descriptions), or for any other unauthorized purpose; and that you will not engage in flooding, spamming, mail-bombing, crashing or otherwise sending unsolicited email to other users of the Site. You further agree that you will not attempt to access data that is not intended for your use, that you will not attempt to log on to a server or account that is not intended for your use, and that you will not probe, scan or test the vulnerability of any system or network related in any way to the Site without authorization.
You agree that you will not use the Site or the software or services provided on or through the Site for any purpose that is prohibited by these Terms or that is unlawful. Further, you agree not to access, download, use or export the Site or software or services provided on or through the Site, in violation of U.S. export laws or regulations, or in violation of any other applicable laws, rules or regulations. You agree to comply with all export laws and restrictions and regulations of any United States or foreign agency or authority, and not to directly or indirectly provide or otherwise make available the Site or software or services provided on or through the Site in violation of any such restrictions, laws, rules or regulations, or without all necessary approvals.
We may, at our sole discretion, set fees for you to use the Site. All prices are published separately on relevant pages on the Site. We may, at our sole discretion, at any time change any fees.
We may use certified payment systems which also may have their commissions. Such commissions may be charged to you when you choose a particular payment system. Detailed information about commissions of such payment systems may be found on their websites.
4. THIRD PARTY SERVICES
The Site may include links to, or may be linked from, other sites, applications, and platforms, including payment systems as described in Section 3 (hereinafter the “Linked Sites”).
5. INTELLECTUAL PROPERTY AND TRADEMARKS
The Company grants you a non-transferable, non-exclusive, revocable license to access and use the Site from your device in accordance with the Terms. Nothing contained on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any content, trademark, service mark, trade name or logo displayed on this Site without the written permission of Company or such other third party that may own such intellectual property displayed on this Site. Your use of any content, trademark, service mark, trade name or logo displayed on this Site, except as provided herein, is strictly prohibited.
All content present on the Site includes text, code, graphics, logos, images, compilation, and software (hereinafter and hereinbefore the “Content”). The Content is the property of the Company, its contractors, or applicable third-parties and protected by copyright and intellectual property laws that protect such rights. You agree to use all copyright and other proprietary notices or restrictions contained in the Content and you are prohibited from changing the Content.
You may not publish, transmit, modify, reverse engineer, participate in the transfer, or create and sell derivative works, or in any way use any of the Content. Your enjoyment of the Site shall not entitle you to make any illegal and disallowed use of the Content, and in particular you shall not change proprietary rights or notices in the Content. You shall use the Content only for your personal and non-commercial use. The Company does not grant you any licenses to the intellectual property of the Company.
Many of the trademarks/service marks and/or logos (collectively the “Marks”) displayed on the Site identify the services and products of Company, its affiliates and third-parties, and inform the public as to the source of those services and products. Your misuse of any Mark is strictly prohibited, including without limitation, your use of Marks in any of the following ways:
- In a manner likely to cause confusion;
- To identify your products or services;
- In, as, or part of your own trademarks or service marks;
- In a manner that inaccurately implies a sponsorship, endorsement, or other connection with your products, services or other activities; or
- In a manner that disparages or dilutes the Marks.
You agree not to display or otherwise inappropriately use the Marks without prior written permission from Company or the applicable third-party.
6. DISCLAIMER OF LIABILITIES; NO WARRANTIES
We have compiled this Site in good faith; however, this Site is provided on an “as is” basis with no warranties of any kind, either express or implied. The Site may contain technical inaccuracies, typographical errors, and out of date information. Company makes no representations as to the accuracy, reliability, completeness, or timeliness of the information posted, and Company makes no warranty that the Site will meet your requirements. We do not warrant that the Site will be available at any particular time or location, or that this Site is free from viruses or other harmful components. Your use of this Site or reliance upon any of the materials on it is solely at your own risk. Company reserves the right to make changes to the Site at any time.
We are not responsible for any damages or injury, including but not limited to special or consequential damages, that result from the access or use of, or the inability to access or use, the materials on this Site, even if you have been advised of the possibility of such damages.
YOU UNDERSTAND, ACKNOWLEDGE, AND AGREE THAT YOUR USE OF THE SITE, INCLUDING THE SOFTWARE AND SERVICES OFFERED ON OR THROUGH THE SITE, IS AT YOUR OWN RISK. COMPANY SHALL NOT BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION, LOST REVENUES OR LOST PROFITS, WHICH MAY RESULT FROM THE USE OF, ACCESS TO, OR INABILITY TO USE THE SOFTWARE, SERVICES AND/OR SITE. COMPANY MAKES NO WARRANTY, EXPRESS OR IMPLIED, AS TO THE MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO ANY SOFTWARE, MATERIALS AND/OR SERVICES AVAILABLE FROM THE SITE, ALL OF WHICH ARE BEING OFFERED “AS IS.”.
COMPANY MAKES NO WARRANTY OF NONINFRINGEMENT. COMPANY 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 THE SITE, OR DOWNLOADING OF ANY SOFTWARE OR MATERIALS FROM THE SITE.
8. TERMINATION AND ACCESS RESTRICTION
The Company may terminate your access and account to the Site and its related services or any part at any time, without notice, in case of your violation of the Terms or for any reason allowable under applicable law.
9. INTERNATIONAL USE
This Site is operated and controlled by Company in the United States. Due to the global nature of the Internet, this Site may be accessed by users in countries other than the United States. We make no warranties that materials on this Site are appropriate or available for use in such locations. If it is illegal or prohibited in your country of origin to access or use this Site, then you should refrain from doing so. Those who choose to access this Site outside of the United States do so at their own initiative and are responsible for compliance with all local laws and regulations.
The governing law of the Terms shall be vested in the State of Louisiana.
No joint venture, partnership, employment, or agency relationship shall be implied between you and the Company as a result of the Terms or use of the Site.
Nothing in the Terms shall be a derogation of the Company’s right to comply with governmental, court, police, and law enforcement requests or requirements regarding your enjoyment of the Site.
If any part of the Terms is determined to be void or unenforceable in accordance with applicable law, then the void or unenforceable clauses will be deemed superseded by valid and enforceable clauses which shall be similar to the original intent of the Terms. You may not assign your rights or obligations under these Terms without the prior express written consent of Company.
The Terms constitute the entire agreement between you and the Company regarding your use of the Site and the Terms supersede all prior or communications and offers, whether electronic, oral or written, between you and the Company.
The Company and its affiliates shall not be liable for a failure or delay to fulfil its obligations where the failure or delay results from any cause beyond Company’s reasonable control, including technical failures, natural disasters, blockages, embargoes, riots, acts, regulation, legislation, or orders of government, terroristic acts, war, or any other force outside of Company’s control.
Any failure by Company to insist upon or enforce strict performance of any provision of these Terms shall not be construed as a waiver of any provision or right.
In case of controversies, demands, claims, disputes, or causes of action between the Company and you relating to the Site or other related issues, or the Terms, you and the Company agree to attempt to resolve such controversies, demands, claims, disputes, or causes of action by good faith negotiation, and in case of failure of such negotiation, exclusively through the courts of Louisiana.
We are committed to resolve any complaints about our collection or use of your personal data. If you would like to make a complaint regarding these Terms or our practices, please contact us at: firstname.lastname@example.org. We will reply to your complaint as soon as we can.
12. Contact Information
We welcome your comments or questions about these Terms. You may contact us in writing at email@example.com or 2748 Metairie Lawn Dr, Metairie, LA 70002, USA.
______ BY USING THE SITE, YOU SIGNIFY YOUR ASSENT TO THESE TERMS AND ANY SUBSEQUENT MODIFICATIONS. AS A CONDITION OF YOUR USE OF THE SITE, YOU WARRANT THAT YOU WILL NOT USE THE SITE FOR ANY PURPOSE THAT IS UNLAWFUL.