AMNIOX^® Physician Marketing Partnership Resource Center Terms of Use

Welcome to AMNIOX MEDICAL's Physician Marketing Partnership Resource Center - a digital repository and ordering platform of pre-approved marketing content and templates provided to you as part of the CLARIX^® FLO Physician Partnership Program.

Please read and review these terms of use (these "Terms") carefully as they form a contract between you and Amniox Medical ("Amniox", "we", "us", or "our") that governs your access and use of this site and the files, materials, data, text, audio, video, images or other content (collectively, "Content"). These Terms may be extended to the organization (physician practice, office, etc.) specified on the Pricing Confirmation Letter ("organization", "you", or "your"), including any additional locations; it does not apply to organizations affiliated with employees or agents of this organization (other hospitals, practices, or companies). You are agreeing to these terms on behalf of this organization and promise that you have the authority to bind that organization to these Terms. Should have any questions concerning this Agreement, please contact support@myamniox.com.

By accessing this website, you are agreeing to be bound by these website Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. The Content contained in this website are protected by applicable copyright and trademark law.

If you do not agree with any of these terms, you are prohibited from using or accessing this site.

1. Content
1. Content within this secured site includes downloadable "Pre-Approved" items (contained within the 'Downloadable Assets' section of the website, and including folders for product images, lifestyle images, logos, and approved copy) and "Practice Promotion" items (defined by pre-approved advertising templates and patient educational materials).
2. This Practice Promotional material includes several variants of the basic template, including different lifestyle imagery or copy to highlight different conditions. You may order any of the existing templates found within the 'sample' section of the website, and request for Amniox to perform limited customization of the Practices Promotional items, including incorporation of your organization's name, contact information, and logo. Upon receipt of your order and request, Amniox will prepare digital files and send them to you. It is your responsibility to then distribute them either directly to your patients or through a third party.
3. The Content is provided "as is", unless as stated above for limited customization of Practice Promotional material. Amniox makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violations of rights. Further, Amniox does not warrant or make any representatives concerning accuracy, likely results, or reliability of the use of the Content.
2. Use License
1. Permission is granted to access of Content on this secured portion of Amniox Medical's website for personal and co-marketing purposes by the party specified on the Pricing Confirmation Letter. Co-marketing is defined by using the Content source material, including any permitted customization changes performed by us, that we provide to you for patient-directed educational or advertising purposes of approved uses or applications of Amniox products as defined within the Product Insert.
2. The Content only may be incorporated into marketing materials or media to promote, educate, or advertise services provided by you, and only to support usage of Amniox products or services. Any suggested affiliation with other organizations or companies is strictly not permitted.
3. Use of the Content is provided free-of-charge given that you adhere to these Terms.
4. Amniox does not accept any fiscal or procedural responsibilities for the distribution of the Practice Promotional Content, including, but not limited to, printing, hosting, mailing, or advertising.
5. This is the grant of a license, not a transfer of title, and under this license you may not:
1. modify, alter, tamper with, copy or otherwise create un-approved derivative works of the Content;
2. attempt to decompile or reverse engineer any Content;
3. remove any copyright or proprietary notations from the Content;
4. use the Content in any manner or for any purpose other than those expressly permitted by these Terms.
3. Third Party Use
1. Pre-approved Content can be provided to third parties to support usages on your website, within your office, or within printed materials to educate or promote your practice and services associated with Amniox's products, as long as they are not modified or used to promote un-approved uses or applications of the product.
2. You may request Practice Promotion Content to support advertising or promotional usage for your practice and services associated with Amniox products, as long as they are not modified or used to promote un-approved uses or applications of the product.
3. No third party may have access to this site. Content may either be downloaded or ordered from Amniox, and then provided to third parties.
4. Suspension and Termination of Use
1. We reserve the right, to temporarily suspend or terminate your access to this website or Content at any time in our sole discretion, with or without cause, and without incurring liability of any kind.
2. This license shall automatically terminate if you violate any of these restrictions and may be terminated by Amniox at any time. Upon termination of our agreement or of this license, you must destroy any downloaded materials in your possession, whether in electronic or printed format, and immediately cease using the Content in any promotional or advertising media.
5. Limitations
1. In no event shall Amniox or its representatives be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the Content, even if Amniox or an Amniox authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
6. Revisions and Errata
1. The Content could include technical, typographical, or photographic errors. Amniox does not warrant that any of the materials on its website are accurate, complete or current. Amniox may make changes to the Content at any time without notice. Amniox does not, however, make any commitment to update the Content.
7. Site Terms of Use Modifications
1. Amniox may revise these terms of use at any time without notice. By using this web site and Content, you are agreeing to be bound by the then current version of these Terms and Conditions of Use, which can be found within the 'Usage' section of this secured website.
8. Governing Law
1. Any claims relating to Amniox's website or Content shall be governed by the laws of the State of Florida without regard to its conflict of law provisions.