Ednimbus.com offers you the services and products as listed on this website and this user agreement governs the terms and conditions for accessing these via our website i.e., Ednimbus.com.
Welcome to Ednimbus.com. By using the services on the Ednimbus.com websites (Ednimbus.com and other related websites, joint ventures and subsidiaries) (the "Sites"), you are agreeing to the following terms with Ednimbus.com and the general principles for the websites of our subsidiaries and affiliates.
Before you may use the Ednimbus.com website and services, you must
read and accept all of the terms and conditions in this User Agreement.
The governing user agreement appears in the footer of the website.
While using Ednimbus.com, you agree to:
- ensure that any posting of content by you is free of inappropriate content; and you agree not to violate any laws, third party rights, or any of our policies;
- not manipulate or tamper with our fees, our order management and billing systems and processes, or fees owed to Ednimbus.com;
- not to post any alse, inaccurate, misleading, defamatory, or libelous content or slander anyone and to not post any personal information;
- not to take any action that would sabotage the User Review or User Ratings System such as by mass postings, mass manipulation, falsifying or importing or exporting data off of Ednimbus.com or by using it for some other purpose not related to Ednimbus.com;
- not to transfer your Ednimbus.com account to any other user or third party without our written consent;
- not to distribute or post, email or otherwise transmit any unsolicited or unauthorized junk mail, spam, phishing appplications, advertising, promotional materials, chain letters, or pyramid schemes;
- not to use any form or forms of technology (which will be determined at our sole discretion) and which may cause harm to Ednimbus.com, or to Ednimbus.com data or to the interests or property of Ednimbus.com users;
- not to copy, edit, modify, duplicate, or distribute any content from Ednimbus.com and not to infrigne on our copyrights and trademarks;
- not to gather, collect or in any way compile any information about users, including email addresses, without first obtaining such user's express consent;
- not to impersonate any person or entity, including without limitation a Ednimbus.com employee or agent, or otherwise misrepresent your affiliation with any person or entity;
- not to register or use any unauthorized email address which does not belong to you and for which you do not have the express written permission of the owner to register with Ednimbus.com.
Appropriate Use of Ednimbus.com
Ednimbus.com works together with it's users to keep Ednimbus.com operating properly and to help safeguard its users as much as possible. Please report to us any issues, inappropriate or offensive content, and violations of our policies.
Ednimbus.com may suspend, deactivate, limit, or cancel our service and user accounts, impede or restrict access to our website, defer, or delete hosted content, and utilize technological methods or legal means to keep users off of Ednimbus.com, if in our sole discretion, we think that they are causing issues, potential legal liabilities, or are acting in a manner inconsistent with the letter or spirit of our policies and this Agreement. We may do this without limiting other possible remedies. We also have the ability to terminate user accounts that have no activity for a long period of time.
Site Does Not Provide Medical Advice
Your health is a very important matter and any and all health treatment requires advice from a Licensed Medical Practitioner. You are therefore made aware that the content and material provided on Ednimbus.com is for informational purposes only and is not intended to be taken and should not in any way be construed as medical advice or counseling or as the practice of medicine or as the creation of a physician-patient relationship with Ednimbus.com. Users should always seek professional advice from a licensed medical practitioner. We make no warranties, guarantees, promises, or prescriptions regarding any of the services or resources offered through Ednimbus.com.
Any submission of any content to this Web site will be deemed and remain the property of Ednimbus.com. By posting any content, you grant or warrant that the owner of such content has expressly granted Ednimbus.com a royalty-free, perpetual, irrevocable, world-wide non-exclusive license to use, copy, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform and display the communication or content in any media or medium, or any form, format, or forum now known or hereafter developed.
Content Usage Terms
Unless otherwise indicated, all information contained on this web site, such as text, graphics, logos, button icons, images, audio clips, videos are copyrighted by and proprietary to Respocare Inc,(Ednimbus.com), and may not be copied, reproduced, transmitted, displayed, performed, distributed, sublicensed, altered, stored for subsequent use or otherwise used in whole or in part in any manner without Ednimbus.com's prior written consent, except that the user or user's browser may make such temporary copies in a single computer's RAM and hard drive cache to facilitiate browsing the website.
Limitation of Liability
Ednimbus.com will not be held responsible by you for other user's actions or inactions, including things posted by said users. Additionally, in no event shall Ednimbus.com guarantee constant or secure access to our website or services, and normal functioning of Ednimbus.com may be interfered with or disrupted by numerous factors beyond the scope of control of Respocare Inc. Also, according to the fullest extent permitted by law, we exclude all implied warranties, terms and conditions. We are not liable for any loss of money, goodwill, or reputation, or any special, indirect, incidental or consequential damages arising out of your use of Ednimbus.com. Where certain jurisdictions do not allow the disclaimer of warranties or exclusion of damages, these disclaimers and exclusions may not apply to you.
Regardless of the previous paragraph, if we are found to be liable, our liability to you or to any third party is limited to $50.
You agree to release Ednimbus.com, trustees, officers, agents, directors, subsidiaries, joint ventures and employees from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, real or imaginary, arising out of or in any way connected to a dispute with Ednimbus.com.
Website Integrity and Protection
Much of the information on the Ednimbus.com website is updated in actual time and is exclusive to the owners or is licensed by third parties for our users to Ednimbus.com. You agree that you will not use any robot, spider, scraper or any other automated means to access the Ednimbus.com website for any purpose without first obtaining our express written permission.
You also agree that you will not:
- interfere with or try to alter, meddle, tamper, or obstruct the full and correct functioning of Ednimbus.com; or
- use any method or technology to bypass or compromise the security measures we may use to prevent or restrict access to Ednimbus.com.
- take any action, in our sole discretion, that imposes or might possibly impose an unreasonable or excessive load on the Ednimbus.com framework;
- copy, reproduce, modify, create derivative works from, distribute, or publicly display any content from Ednimbus.com without the prior expressed written permission of Ednimbus.com and the appropriate third party, as applicable;
If you use this site and create an account, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you are under 18, you may not use Ednimbus.com. Ednimbus.com reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders at their sole discretion.
Typos, Errors and Ommissions
In the event a product or service is listed at an incorrect price due to typographical error or error in pricing information received from our suppliers, Ednimbus.com shall have the right to refuse or cancel any orders placed for the product or service listed at the incorrect price even if you have added the product to your cart and placed your order. Ednimbus.com shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Ednimbus.com shall issue a credit to your credit card account in the amount of the incorrect price.
Risk of Shipping Loss
All items purchased from Ednimbus.com are made pursuant to a shipment agreement. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
Ednimbus.com attempts to be as accurate as possible. However, Ednimbus.com does not warrant that product descriptions or other content on this site is accurate, complete, reliable, current, or error-free. Please let us know if you find an error or any incorrect information anywhere on Ednimbus.com.
You agree to indemnify and hold Ednimbus.com, trustees, officers, agents, directors, subsidiaries, joint ventures and employees, harmless from any loss, liability, claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement, use of our website, or your violation of any law or the rights of a third party.
This agreement is a simple agreement governin the use of our products and services. By agreeing to it, no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created between you and Ednimbus.com by this Agreement.
Except as specifically stated elsewhere, legal notices shall be served on Ednimbus.com's national registered agent or to the email address you provide to Ednimbus.com during the registration or ordering process. Notice shall be considered given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Additionally, you may be served legal notice by mail to the address(es) on file with your Ednimbus.com account. In such case, notice shall be considered given 72 hours after the date of mailing or emailing.
Resolution of Disputes
This Agreement shall be governed in all respects by the laws of the State of Texas as they apply to agreements entered into and to be performed entirely within Texas between Texas residents, without regard to conflict of law provisions. You agree that any claim or dispute you may have against Ednimbus.com must be resolved by a court located in Harris County, Texas, except as otherwise agreed by the parties or as described in the Arbitration Option paragraph below. You agree to submit to the personal jurisdiction of the courts located within Harris County, Texas for the purpose of litigating all such claims or disputes.
If any provision of this Agreement is held invalid or unenforceable, the remainder of this Agreement shall continue in full force and effect. The section titles and headings in this Agreement are for reference or convenience only and have no legal or contractual effect and in no way limit the scope or extent of such section. Failure of Ednimbus.com to take action in regards to a violation of this Agreement by you or others in no way waives our rights to take action with respect to subsequent or similar violations. In no way do we guarantee that we will take action against all violations of this Agreement.
We may make changes or amendments to this Agreement at any time by posting the amendments on Ednimbus.com. We might also attempt to notify you through email, but we are in no way required to do so. You acknowledge and agree that this Agreement may not be amended otherwise, with or without our consent, except in a writing signed by both you and us. This Agreement contains the entire understanding and agreement between you and Ednimbus.com with regards to the subject matter described herein. Various sections in this Agreement survive any cancellation, rescission, or termination of this Agreement, specifically these sections: Release, Content License, Limitation of Liability, Indemnity, and Resolution of Disputes.