Legal - Terms
Empass.com is an Internet-based on-line information and communication service operated by Empass Healthcare, LLC (referred to in this agreement as “we”, “us” or “our”). By accessing or using this website, you agree to be bound by these terms and conditions. We may revise and update these terms and conditions at any time. Your continued use of this website means that you accept these revisions and updates.
2. Ownership and use of information.
This website including all photos, illustrations, text, graphics and other content, is protected by copyright. Some or all of the content accessed through this website is also protected by copyright. Title to the content contained on, or accessible through, this website remains with us, our licensors and others. Any unauthorized use, including misuse, by you of this website or information or other content accessible through this website is a breach of these terms and conditions and may violate copyright, trademark and other laws and may infringe on the rights of third parties.
We authorize you to view and use this website in accordance with these terms and conditions. You may download and/or print a copy of the information contained on this website for your personal, non-commercial use only. You are prohibited from reprinting, electronically reproducing, using or duplicating any information, photos, illustrations, text, graphics or other content contained on this website in whole or in part for any other purpose. Should you wish to do so, you must obtain the prior written consent of the copyright holder(s). You may contact us with your request at the address set forth below in section 11, titled “How to Contact us”. We may notify you of the identity of the copyright holder(s) of the material you wish to reproduce and, if available, details of how to contact the copyright holder(s). You are also prohibited from deleting or altering any mark, trademark, copyright or copyright notice when downloading any material or information from any of this website.
3. Changes to this website; no duty to update information.
We reserve the right to amend, discontinue or otherwise change this website, the information contained in this website and the links from this website to other websites in our sole discretion and without notice to you. Information contained on or accessible through this website speak only as of the date it was prepared. This information may be incomplete or may have become out of date. We make no commitment and we disclaim any duty to update this information or to require any third party to update information which is accessible through this website.
4. Licensed information.
This website may contain information or other content which has been prepared by third parties and which we are permitted to provide to you under license agreements granted to us. We do not control, nor are we responsible for, the accuracy of any information or other content licensed to us. Any advice, views, opinions estimates, forecasts, conclusions, predictions or recommendations contained in or expressed in any information licensed to us are those of the author(s) alone. The inclusion of licensed information or other content on or through this website does not imply that we endorse or concur with any of the information, advice, views, opinions, estimates, forecasts, conclusions, predictions or recommendations contained in the information.
In particular, but without limiting the generality of the foregoing paragraph, any medical or drug information available through this website is for informational purposes only. This information is not intended to be used, and you should not use it, as a substitute for obtaining professional medical advice, diagnosis or treatment. You should always seek the advice of your physician, a pharmacist or other qualified health provider for the diagnosis and treatment of any medical condition, if you have questions about a medical condition or for information about any drugs you are taking or that you intend to take. You should never disregard professional medical advice or delay seeking medical advice or treatment because of something that you have read on this website.
5. Links to other websites; links from other websites.
This website contains links to other third party websites. These links are provided for your convenience only. We do not operate any third party website to which this website is linked and we do not control, nor are we responsible for, the content, performance and privacy policies/practices of these third party websites or your use of and transactions with them. Any advice, views, opinions, estimates, forecasts conclusions, predictions or recommendations contained on or expressed in these third party websites are those of the author(s) alone; they do not reflect our advice, views, opinions, estimates, forecasts, conclusions, predictions or recommendations or those of our management. Our inclusion of links to these third party websites does not imply that we endorse or concur with any of the information, materials, advice, views, opinions, estimates, forecasts, conclusions, predictions or recommendations contained on these third party websites.
All third parties must obtain our written consent prior to linking this website to a website operated by the third party.
All information contained on or accessible through this website is provided to you on an “as is” basis; we do not warrant that it is accurate, complete, current or reliable. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABLILITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS. IN NO EVENT SHALL WE BE LIABLE FOR ANY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE) ARISING FROM THE USE OF OR INABILITY TO USE THIS INFORMATION, WHETHER BASED ON WARRANTY, TORT, CONTRACT OR ANY OTHER LEGAL THEORY, WHETHER BASED ON CLAIMS OF PERSONAL INJURY, WRONGFUL DEATH, LOST PROFITS, COMMUNICATIONS/TRANSMISSIONS ERRORS, MACHINE ERRORS, OMISSIONS, DELAYS, INTERRUPTIONS OR LOSSES, INCLUDING LOSS OR CORRUPTION OF DATA OR PRESENCE OF VIRUSES OR OTHER MALICIOUS CODE IN FILES AVAILABLE FOR DOWNLOADING AND REGARDLESS OF WHETHER WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. We will also not be liable to you for any damages caused by a force majeure event, which includes, but is not limited to, any acts of God, acts of a public enemy, acts of the federal, state or local government in either its sovereign or contractual capacity, insurrection, civil disturbance, fires, epidemics, quarantine restrictions, strikes, labor disputes, acts or omissions of carriers, transmitters, cable, satellite and telephone services and providers, internet providers and servicers, vandals and hackers. Our maximum liability to you with respect to any claim for damages shall be limited to $100.00 in aggregate for all claims. All claims must be filed within one year from the date your claim for damages arose.
You agree to indemnify us, our directors, officers, employees, agents, licensors and suppliers, and to hold each of the foregoing, harmless, from and against any claims, actions or demands, liabilities and settlements, including but not limited to, reasonable legal and accounting fees, resulting from, or alleged to result from, arising from or related to your violation of these terms and conditions or your use or misuse of this website.
9. Forward-looking information.
This website may contain statements prepared by us which are not historical fact and which are subject to risks and uncertainties. These statements are forward-looking and include information and estimates concerning our business, financial condition, results of operation, plans, objectives and future performance. These statements have been made by our management and reflect their best judgment based on current information available to them when the statements were made. These forward-looking statements include statements preceded by or followed by or that include the words “believes”, “expects”, “anticipates”, “estimates” or similar expressions. With respect to these statements, we claim the protection of the “safe harbor” for forward-looking statements contained in the Private Securities Litigation Reform Act of 1995. Our actual results may differ materially from the results anticipated in these forward-looking statements as a result of a variety of factors, including those identified by us in our public filings made with the Securities and Exchange Commission and those identified in the specific information contained on this website. You should consider all forward-looking statements in the light of those factors, and there is no assurance that the factors identified and others which have not been identified will not affect the accuracy of these forward-looking statements.
a. Governing Law: These terms and conditions shall be governed by and construed in accordance with the laws of the State of New Mexico, without regard to conflict-of-laws principles.
b. Severability: The provisions are severable. If any one of them is found to be invalid by any court having competent jurisdiction, its invalidity or unenforceability shall not affect the validity or enforceability of the remaining provisions which shall remain in full force and effect.
c. Waiver: No waiver of these terms and conditions shall be deemed a further or continuing waiver of the term or condition or of any other term or condition.
d. Entire Agreement: These terms and conditions constitute the entire agreement between you and us regarding your use of this website.
e. Jurisdiction: By using this website you expressly agree that exclusive jurisdiction for any dispute with us or in any way relating to your use, including misuse, of this website, resides in the federal and state courts located in Bernalillo County, NM. You also expressly consent to the exercise of personal jurisdiction in those courts in connection with any dispute relating to your use, including misuse, of this website.
f. Survival of terms and conditions: The following terms and conditions survive the termination or expiration of these terms and conditions and/or the termination or cessation of your use or access to this Website: section 2: Use of Information, section 7: Liability, section 8: Indemnity and this section 10: Miscellaneous.
11. How to contact us
You can contact us electronically at email@example.com or by U.S. mail or overnight courier at:
4904 Alameda Blvd. NE, Suite B
Albuquerque, NM 87113
Updated September, 2018