Terms of Use
Introduction
The use of the Guardian Medical Logistics Partner Resource
Center (GML PRC) is governed by the policies, terms, and conditions
set forth below (“Terms of Use”). Your use of the GML PRC indicates your acceptance
of these Terms of Use. Below is a copy of the Terms of Use you agree to when you
access the GML PRC. These Terms of Use shall supersede any subsequent terms or conditions
included within the GML PRC, whether or not such terms or conditions are signed
by Guardian. Guardian reserves the right to make changes to the GML PRC and these
Terms of Use at any time.
Privacy Policy
For information regarding privacy, please review the
GML PRC Privacy Policy
which also governs your use of the GML PRC.
Limited License
Guardian ("Licensor") hereby grants you a nonexclusive license to use its GML PRC
for informational purposes only. Licensor hereby grants you a nonexclusive, non-assignable,
and non-transferable license to use its GML PRC for informational purposes only. Except where expressly provided, you may not modify, copy,
distribute, transmit, display, perform, reproduce, use, publish, license, create
derivative works from, transfer, or sell any information or content contained in
the GML PRC, the GML PRC software, products, or services obtained from or available
as part of or in conjunction with this system.
This license is not a sale of any of the owner's rights. The GML PRC may be used
only by you, and you may not rent, lend, sub-license or transfer the GML PRC or
any data residing on it or any of your rights under this agreement to anyone else.
You may not develop or derive for commercial sale any data in machine-readable or
other form that incorporates or uses any substantial part of the GML PRC. You may
not transfer to or store any data residing or exchanged over the GML PRC in any
electronic network for use by more than one user unless you obtain prior written
permission from Licensor. You must retain all copyright and trademark notices on the GML PRC and its content and take
reasonable steps to protect Licensor's intellectual property rights.
Failure to comply with the limitations and terms granted to you under this license
shall automatically terminate the license.
Copyright and Trademark
Notice
All editorial contents and graphics on the GML PRC are copyrights of Licensor and
the related logos are trademarks and registered trademarks of Licensor with the
single exception being your company’s brand names, trademarks, and logo types (“Marks”),
which you granted Licensor permission to use for personalizing the GML PRC. Licensor
acknowledges that: (1) the Marks owned by Client are and shall remain the sole and
exclusive property of Client; (2) this Agreement does not confer upon Licensor any
right or interest whatsoever in the Marks except as specifically provided herein;
and (3) Licensor shall not now or in the future contest to the validity of the Marks.
Disclaimer of Warranties
THE INFORMATION, MATERIALS, SERVICES AND PRODUCTS INCLUDED ON THE GML PRC MAY INCLUDE
INACCURACIES OR TYPOGRAPHICAL ERRORS. LICENSOR MAY MAKE CHANGES OR IMPROVEMENTS
TO THE GML PRC AT ANY TIME.
THE MATERIALS ON THE GML PRC ARE PROVIDED 'AS IS' AND WITHOUT WARRANTIES OF ANY
KIND EITHER EXPRESSED OR IMPLIED, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO
APPLICABLE LAW, LICENSOR DISCLAIMS ALL WARRANTIES OR MERCHANTABILITY AND FITNESS
FOR A PARTICULAR PURPOSE. LICENSOR DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED
IN THE MATERIAL ON THE GML PRC WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS
WILL BE CORRECTED, OR THAT THE GML PRC OR THE SERVER THAT MAKES IT AVAILABLE ARE
FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. LICENSOR DOES NOT WARRANT OR MAKE ANY
REPRESENTATIONS REGARDING THE USE OF OR THE RESULT OF THE USE OF THE MATERIAL IN
THE GML PRC IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, TIMELINESS, OR
OTHERWISE.
Limits on Liability
Licensor will not be liable for:
-
Any damages or injury caused by, including but not limited to, any failure of performance,
error, omission, interruption, defect, delay in operation of transmission, computer
virus, or line failure.
-
Any direct, indirect, incidental, special, or consequential damages whether in contract,
tort, strict liability or otherwise, arising out of or relating to use of or inability
to use the GML PRC, even if Licensor has been advised of the possibility of such
damages. If certain states do not allow the limitation of liability for consequential
or incidental damages, the above may not apply to you.
Indemnification
You agree to indemnify and hold Licensor, its directors, officers, employees, agents
and representatives harmless from all claims, liabilities, damages, and expenses
(including attorneys' fees and expenses) arising out of or relating to (a) your
use of the GML PRC; (b) any alleged breach of these Terms and Conditions of Use.
Law
The Terms and Conditions of Use shall be construed and interpreted in accordance
with the laws of the State of Missouri, and the Courts of Saint Louis shall have
exclusive jurisdiction to deal with all disputes between the parties, regardless
of any matters connected or attributed to conflicts of law.
The GML PRC is operated by Licensor from the State of Missouri, United States of
America. Licensor makes no representation that materials in the GML PRC are appropriate
or available for use in other locations. If you access the GML PRC from other locations,
you do so on your own initiative and are responsible for compliance with local laws,
if and to the extent local laws are applicable. Use of the GML PRC is unauthorized
in any jurisdiction that does not affect to all provisions of these Terms and Conditions
of Use, including without limitation this paragraph.
Remedies
Given the nature of these terms, you understand and agree that, in addition to money
damages, Licensor will be entitled to equitable relief upon a breach of them by
you.
Waiver
No waiver by Licensor shall be construed as a waiver of any proceeding or succeeding
breach of any provision.
Survival of Provisions
Each provision of the Terms and Conditions of Use shall be construed as separately
applying and surviving even if for any reason one or other of those provisions is
held to be inapplicable or unenforceable in any circumstances. These Terms and Conditions
of Use shall be severable and construed to the extent of their enforceability in
light of the parties' mutual intent if deemed at all unenforceable by the competent
court.
Entire Agreement
Licensor intends that these Terms and Conditions of Use constitute the entire agreement
between Licensor and you. Any changes to these Terms and Conditions of Use between
Licensor and you must be in writing and signed by both parties.
Contact Information
The GML PRC is owned and operated by Licensor with corporate offices located at:
1868 Craigshire Rd
Saint Louis, MO 63146
If you have any questions concerning the GML PRC or its policies, please contact
us at 314-576-7766