The Midmark Sites are owned and operated by Midmark. Any inquiries about this Policy should be directed to Midmark at firstname.lastname@example.org, 1-800-Midmark, or by mail to:
1700 S. Patterson Blvd., Suite 400
Dayton, Ohio, U.S.A. 45409
This Policy is incorporated by reference into the Terms and Conditions Agreements to which you agreed upon entering any of the Midmark Sites and, as such, shall be governed by and construed in accordance with the internal laws of the State of Ohio, without reference to conflict of law principles. By accessing any of the Midmark Sites and providing Midmark with personally identifiable information and data, you consent to the exclusive jurisdiction of the State of Ohio for any and all disputes or actions that may arise.
This Policy is independent from Midmark’s offline personal data collection practices. Personally identifiable information and data about you includes information such as your name, birth date, e-mail address or mailing address, and any other information or data that is identified with you personally (“Personal Information”).
Children. Midmark does not knowingly collect data or Personal Information from children under the age of 13. If you are under 13, DO NOT give us any Personal Information. If you have reason to believe that a child has provided Personal Information to Midmark, contact us at email@example.com, and we will use commercially reasonable efforts to delete that information from our databases.
How We Gather Information From Users. The information we learn from you helps us personalize and improve your experience at the Midmark Sites. The following are the types of information we gather:
- Information You Provide: We receive information if and when you register for any of the Midmark Sites, create an account, or make purchases through any Midmark Site. Any Personal Information you provide is voluntary or is necessary for the purposes for which it is to be used. Sensitive Personal Information is only collected if you affirmatively choose to provide it. Personal Information may be used to create personalized content, services, and advertising on Midmark Sites, as well as to better understand your preferences.We take commercially reasonable steps to ensure that your Personal Information is reliable for its intended use, accurate, complete, and current. The Midmark Sites may combine information that you voluntarily give us with information provided by third parties and affiliates. You have no obligation to provide the information requested on any Midmark form, but the failure to do so can impact Midmark’s ability to respond to your inquiry, problem, request, or other communication, and may result, in the case of a warranty or other service request, in the denial of such request.
- E-mail / Opt-Out: If and when we ask for your Personal Information, such as e-mail address, to share with our third-party promotional partners or non-affiliated advertisers, you have the opportunity to ‘opt-out’ of providing such information. During the registration process or at other places on the Midmark Sites, you may have the opportunity to indicate areas about which you would like to receive more information. Generally, Midmark does not ask for sensitive Personal Information. If Midmark does ask, you will be required to specifically “opt in” for its processing and/or sharing. You may opt out at any time if you change your mind by logging into your profile and changing your email preferences, if applicable, by clicking on the appropriate link in e-mails sent to you, or by contacting Midmark per this Policy.
- Automatic Information: We automatically receive and record certain types of information whenever you interact with us. This information, which is recordable any time you use the Internet, includes the Internet Protocol (IP) address used to connect your computer to the Internet; your domain name, if any; and computer and connection information, such as browser type and version. In addition, like many Web sites, we use a technology called “cookies” to record your activity while visiting the Midmark Sites. We use this information to learn how you use the Midmark Sites, to remember your preferences, and to diagnose problems.
- Aggregated Usage Information: We may provide aggregated usage information to third parties, such as content licensors and advertisers, for diagnostic, billing, and sales purposes. However, such information will not include any Personal Information. This information is purely statistical in nature and cannot be tied to you.
- Unsolicited Information & Ideas: Any communications you send to Midmark or its Site by e-mail or any other means are not confidential and Midmark is under no obligation to refrain from reproducing, publishing (except for Personal Information), or otherwise using them in any way or for any purpose. Midmark shall be free, but is under no obligation, to use the content of any such communications, including any ideas, inventions, concepts, or techniques for any purpose, including development, manufacture, market, and sale. The sender of any such communications to Midmark Sites shall be responsible for the content contained therein.
Processing of Personal Information and Data. Midmark recognizes its responsibilities under the European Union Data Protection Act of 1995 (the “Act”) and as part of Midmark’s on-going commitment to provide its clients with Midmark- and Ritter-branded products manufactured in the United States of America, Midmark may process the Personal Information it collects or receives from you in the United States of America. By use of Midmark’s Sites and providing Midmark with Personal Information, you consent to the processing of the Personal Information by Midmark in the United States of America.
More Information About Cookies. Cookies are small data files placed on your computer’s hard drive through your Web browser that enable us to personalize your Web browsing experience. The “help” portion of the toolbar on most browsers will tell you how to prevent your browser from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether. However, disabling cookies may prevent you from taking full advantage of some of the features on the Midmark Sites.
Do We Share Your Personal Information? In addition to the third-party sharing discussed above, the Midmark Sites may share your Personal Information as follows:
- We may rent, sell, or share Personal Information about you with third parties only in order to provide services or products that you have requested or that provide services to us (such as data processing services, credit card processing, or marketing services); when we have your permission; or as otherwise described in this Policy. Our affiliates and third-party providers use any such data in accordance with this Policy and the Act, may need Personal Information to perform their functions, and may use this Personal Information to contact you in the future to tell you about products or services we believe will be of interest to you (of which you may opt-out as explained above). These companies are not authorized to use the information we share with them for any other purpose.
- We will disclose information if required by law, such as in response to a subpoena or similar legal process, as necessary to enforce the Terms and Conditions Agreements for the Midmark Sites, or as necessary to protect your vital interests. In the event of a corporate sale, merger, reorganization, dissolution, or similar event, user information, including Personal Information, may be one of the transferred assets. We will not be liable for your information no longer in our possession.
How Is the Collected Information Protected? While no method of data transmission is guaranteed against unlawful third-party interception or other misuse (for example, e-mail sent to or from our Sites may not be secure), Midmark uses commercially reasonable efforts to ensure protection of your Personal Information from unauthorized access, disclosure, alteration, and destruction. Data collection and processing, by Midmark, its affiliates, and third-party providers may occur in the United States of America.
How Do I Learn More About the Information Collected? If you have any questions or concerns about the information collected about you or this Policy, please contact us at the following email address: firstname.lastname@example.org.
Your Rights. In addition to other rights specified in this Policy, you have the following rights: (i) the right to object, for legitimate reasons, to the processing of your Personal Information; (ii) upon proof of identity, the right to access information with respect to whether Midmark is processing your Personal Information, the purposes of such processing, the categories of Personal Information processed, the recipients of your Personal Information, locations where your Personal Information is transferred or processed, the manner in which the Personal Information was communicated to Midmark, and, to the extent your Personal Information is automatically processed, information that enables you to understand and challenge the underlying logic of such processing to the extent a decision by Midmark is directly impacted by such processing; and (iii) the right to amend, rectify, complete, update, lock, or delete any of your Personal Information that is inaccurate, incomplete, ambiguous, out-of-date, or expired, or the collection, use, communication, or maintenance of which is prohibited under applicable law or incompatible with the purpose for which it was originally collected or subsequently authorized. We may decline to process requests that are unreasonably repetitive or systematic, require disproportionate technical effort (for instance, requests concerning information residing on backup tapes), jeopardize the privacy or rights of others, would be extremely impractical, or for which access is not otherwise required.
Change to Privacy Policies. We reserve the right to change this Policy at any time without notice. Please check this page periodically for any changes. By continuing to use any of the Midmark Sites, you accept all such changes.
Last Updated: 12/22/15
Terms and Conditions Agreement
Read this Terms and Conditions Agreement (“Agreement”) before using the www.midmark.com or www.midmarkclinicalsolutions.com Web sites (collectively, the “Site”). Your access to and use of the Site is provided subject to this Agreement. By using any part of the Site, you (“you”) agree to these terms and conditions.
The Site is owned and operated by Midmark Corporation (“Midmark”). Midmark would like to thank you for visiting the Site.
Effective Date: This Agreement was last updated on, and is effective as of December 22, 2015.
YOU ARE NOT PERMITTED TO USE THIS SITE IF YOU ARE UNDER THE AGE OF 13.
II. Your Responsibilities
You acknowledge that you are responsible for whatever material you submit to the Site, including its legality, reliability, appropriateness, originality, or copyright. If Midmark makes available a discussion group or bulletin board on this Site, you warrant that your use of such features is for lawful purposes only, as outlined below.
By placing or downloading material on the Site, including intellectual property, documents, text, images, audio files or other audio-visual content to the Site (“User Content”), you represent and warrant: (a) You own or otherwise have all necessary rights to the User Content you provide and the rights to provide it under this Agreement; and (b) the User Content will not cause injury to any person or entity.
Without limitation, you may not submit to or transmit through this Site any material, or otherwise engage in any conduct that:
(a) violates or infringes the rights of Midmark or others including, without limitation, patent, trademark, trade secret, copyright, publicity, privacy, proprietary and/or intellectual property rights;
(b) is inaccurate, unlawful, discriminatory, threatening, abusive, harmful, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, pornographic, obscene, offensive, or otherwise objectionable to Midmark or other uses of the Site;
(c) victimizes, harasses, degrades, intimidates, discriminates against, or retaliates against an individual or group of individuals on the basis of religion, sex, race, national origin, age, physical or mental disability, sexual orientation, or other characteristics protected by applicable state or federal law;
(d) collects, stores, and/or discloses personal data about other others unless specifically authorized by such others;
(e) impersonates any person, business or entity, including Midmark, and Midmark’s employees and agents;
(f) misrepresents your affiliation with a person or entity;
(g) contains viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permit the unauthorized use of a computer or computer network;
(h) attempts to gain unauthorized access to any services, user accounts, computer systems or networks, through hacking, password mining, or any other means;
(i) transmits spam, bulk or unsolicited communications or posts third-party advertisements;
(j) that would violate any fiduciary relationship, any applicable local, state, national or international law, or any regulations or other government requirements or rules having the force of law, including but not limited to attempting to compromise the security of any networked account or site, operating an illegal lottery or gambling operation, stalking, or making threats of harm, or that otherwise could constitute a criminal offense or give rise to civil liability;
(k) violates this Agreement, guidelines, or any policy Midmark posts on the Site; or
(l) disrupts the normal flow of dialogue or negatively affects or interferes with other users’ ability to use the Site.
You acknowledge that Midmark has the right (but not the obligation), in Midmark’s sole discretion, to view, move, remove, block, edit, or refuse any Content, including User Content, for any reason, including, without limitation, that such User Content violates this Agreement or is otherwise objectionable.
III. Rights in your Content; Unsolicited Information and Ideas
For content that is covered by intellectual property rights, like photos, videos, and audio (“IP content”), you specifically grant Midmark a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with the Site (“IP License”) subject to any other written agreements signed by Midmark. This IP License ends when you delete your IP content or your Account unless your content has been shared with others and they have not deleted it.
When you delete IP content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others).
IV. Copyright and Trademark Information
All content posted to the Site by or at the direction of Midmark, including names, images, logos and pictures identifying services of Midmark or any of its site designs, text, graphics, interfaces, and the selection and arrangements thereof, is licensed by or is the property of Midmark protected by intellectual property rights. Except for personal non-commercial use of materials on the Site, any use, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of Midmark, is strictly prohibited. Users may copy, download, or print materials contained on the Site for their own non-commercial use, provided that a copyright notice crediting Midmark appears on all copies and that both the copyright notice and this permission notice appear in supporting documentation, and that the name of Midmark Corporation or Midmark is not used in advertising or publicity pertaining to distribution of this documentation without specific, written prior permission from Midmark. You agree that you will not use any robot, spider, or other automatic device, or manual process to monitor or copy any part or all of the Site or the content contained therein without prior written permission of an authorized officer of Midmark.
Midmark® and Midmark logos and other trademarks are proprietary marks of Midmark and may not be used in connection with any product or service that is not provided by Midmark, in any manner that is likely to cause confusion among clients, or in any manner that disparages or discredits us. Nothing contained herein shall be construed as conferring any license or right under any Midmark patent, copyright, or trademark.
Click here to view Trademark Usage Guidelines
Click here to view a current Midmark Trademark List
All other trademarks displayed on the Site are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those third parties. In addition, such use of trademarks or links to the Web sites of third parties is not intended to imply, directly or indirectly, that those third parties endorse or have any affiliation with Midmark or the Site.
V. Notification of Claimed Copyright Infringement
A. In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, it is Midmark’s policy to terminate the access of a User who is deemed to infringe third-party intellectual property rights and/or or to remove User Content that is deemed to be infringing. If you believe that your work has been copied in a way that constitutes copyright infringement and is displayed on the Site, please provide substantially the following information to Midmark’s Copyright Agent (please consult your legal counsel or see 17 U.S.C. § 512(c)(3) to confirm these requirements):
(1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
(2) a description of your copyrighted work or other intellectual property that you claim has been infringed;
(3) a description of where the material you claim is infringing is located on the site (providing Midmark with website URL is the quickest way to help Midmark locate content quickly);
(4) your address, telephone number, and e-mail address;
(5) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
(6) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
B. Our copyright agent can be reached as follows:
1700 S. Patterson Blvd., Suite 400
Dayton, Ohio 45409
(2) For other inquiries or questions, please use the information listed in the Contact Us section on the Site. Please also note that, pursuant to Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
C. Counter-Notification for Intellectual Property Infringement. If you elect to send Midmark a counter-notice in response to a notice of intellectual property infringement, to be effective it must be a written communication provided to the Midmark’s designated Copyright Agent (see above for contact information) that includes substantially the following (please consult your legal counsel or see 17 U.S.C. § 512(g)(3) to confirm these requirements):
(1) an electronic or physical signature of the registered user;
(2) a description of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled (providing Midmark with a website URL is the quickest way to help Midmark locate content quickly);
(3) your address, telephone number, and e-mail address;
(4) a statement by you, under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
(5) a statement by you that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district in which Midmark may be found, and that the you will accept service of process from the person who provided notification of intellectual property infringement or an agent of such person.
Please note that under § 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability.
VI. DISCLAIMER OF WARRANTIES
MIDMARK IS NOT LIABLE FOR ANY DAMAGES YOU SUFFER FROM USE OF THE SITE.
THE MATERIALS ARE PROVIDED “AS IS.” TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, MIDMARK AND ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, SHAREHOLDERS AND CONTRACTORS DISCLAIM ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES OF ANY KIND, INCLUDING ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT.
MIDMARK MAKES NO REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTEES AS TO, AND SPECIFICALLY DISCLAIMS LIABILITY FOR, THE AVAILABILITY, USEFULNESS, QUALITY, SUITABILITY, TRUTH, ACCURACY, RELIABILITY OR COMPLETENESS OF THE SITE OR ITS CONTENT.
MIDMARK MAKES NO WARRANTY OR REPRESENTATION THAT: (a) ACCESS TO THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (b) THE QUALITY OF ANY PRODUCTS, SERVICES, CONTENT, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED FROM THE SITE WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS EXCEPT AS EXPLICITLY SET FORTH IN THIS AGREEMENT; or (c) ANY ERRORS IN THE SITE WILL BE CORRECTED.
YOU ASSUME ALL RISK FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM USING, ACCESSING, OR OBTAINING ANY CONTENT FROM THE WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES RESULTING FROM COMPUTER VIRUSES.
MIDMARK MAKES NO WARRANTY OR REPRESENTATION THAT ITS HOSTING OF ANY DATA OR INFORMATION COMPLIES WITH LOCAL, STATE, OR FEDERAL RECORDS RETENTION REQUIREMENTS AND HAS NO OBLIGATION TO RETAIN ANY DATA OR INFORMATION AFTER THE TERMINATION OF YOUR ACCOUNT OR REGISTRATION. YOU ARE SOLELY RESPONSIBLE FOR THE BACKUP OF ANY AND ALL DATA OR INFORMATION YOU POST OR SUBMIT TO THE SITE AND MIDMARK HAS NO LIABILITY OF ANY KIND FOR ANY LOSS OF DATA OR INFORMATION.
APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES SO SOME OF OR THE ENTIRE EXCLUSION MAY NOT APPLY TO YOU.
VII. Limitation of Liability
IN NO EVENT WILL MIDMARK, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, SHAREHOLDERS OR CONTRACTORS BE LIABLE FOR ANY DAMAGES RESULTING FROM USE OF THE SITE, INCLUDING WITHOUT LIMITATION, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES, LOSS OF BUSINESS, REVENUE, PROFITS, GOODWILL, USE, DATA, ELECTRONICALLY TRANSMITTED ORDERS, OR OTHER ECONOMIC ADVANTAGE), EVEN IF MIDMARK HAS PREVIOUSLY BEEN ADVISED OF, OR REASONABLY COULD HAVE FORESEEN, THE POSSIBILITY OF SUCH DAMAGES, HOWEVER THEY ARISE, WHETHER IN BREACH OF CONTRACT OR IN TORT (INCLUDING NEGLIGENCE), INCLUDING WITHOUT LIMITATION, DAMAGES DUE TO: (a) THE USE OF OR THE INABILITY TO USE OR ACCESS THE SITE, SERVICES, OR CONTENT; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED, OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE SITE; (c) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE, INCLUDING WITHOUT LIMITATION, UNAUTHORIZED ACCESS TO OR ALTERATION OF TRANSMISSIONS OR DATA, MALICIOUS OR CRIMINAL BEHAVIOR, OR FALSE OR FRAUDULENT TRANSACTIONS; (d) CONTENT OR INFORMATION YOU MAY DOWNLOAD, USE, MODIFY, RELY ON, OR DISTRIBUTE; OR (e) THE LOSS OF ANY DATA, INFORMATION, OR CONTENT SUBMITTED OR POSTED TO THE SITE.
IN NO EVENT WILL MIDMARK’S LIABILITY OR THE LIABILITY OF MIDMARK’S LICENSORS AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, SHAREHOLDERS AND CONTRACTORS IN CONNECTION YOUR USE OF THIS SITE, UNDER ANY THEORY OF RECOVERY, EXCEED THE AMOUNT OF THE PURCHASE PRICE PAID FOR ANY PRODUCTS OR SERVICES PURCHASED THROUGH THE SITE.
THIS AGREEMENT DEFINES YOUR SOLE AND EXCLUSIVE REMEDY.
TO THE EXTENT THAT ANY JURISDICTION DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF DIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, PORTIONS OF THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY.
You agree to indemnify and hold Midmark, its parents, predecessors, subsidiaries, assigns, agents, attorneys, trustees, trusts, trust beneficiaries, directors, partners, joint venturers, stockholders, affiliates, officers and employees, harmless from each and any claim or demand, including but not limited to reasonable attorneys’ fees and costs, made by any third party due to or arising out of your use of the Site, your violation of this Agreement, or your (or other user of the Site using your computer or internet access) infringement of any intellectual property or any other right of any person or entity.
Your right to use the Site automatically terminates if you violate this Agreement or any rules or guidelines posted in connection with the Site. Midmark also reserves the right, in Midmark’s sole discretion, to terminate your access to all or part of any of the Site, for any reason, with or without notice.
XI. Third-Party Sites
XII. Governing Jurisdiction of the Courts in the State of Ohio
This Agreement is governed by and will be construed according to Ohio law, excluding any principles of conflicts of law. In the event of any dispute or controversy arising from this Site, you consent to the jurisdiction of the courts of Darke County, Ohio, and of the federal district court of the Southern District of Ohio. You further agree that venue for litigation arising from this Site will be exclusively in the Southern District of Ohio or its counterpart state court.
XIII. Entire Agreement
This Agreement represents the entire agreement between you and us. No distributor, agent, or other person is authorized to modify this Agreement or to make any warranty or representation which is different than, or in addition to, the warranties and representations of this Agreement.
Midmark retains the right, at its sole discretion, to terminate any accounts or Site access involved with botnets and related activities. If any hostnames are used as command and control points for botnets, Midmark reserves the right to direct the involved hostnames to a honeypot, loopback address, logging facility, or any other destination at Midmark’s discretion.
XV. Other Terms
You acknowledge and agree that Midmark may preserve and disclose any account information and the contents of your online communications if required to do so by law, or in good faith belief that preservation and/or disclosure is reasonably necessary for the following purposes: (a) to comply with legal process, such as a court order, search warrant, or subpoena; (b) to enforce the terms of this Agreement; (c) to render service you request; (d) to protect Midmark’s rights or property; or (e) in circumstances that Midmark deems, in its sole discretion, to pose a threat to the safety of you or others.
XVI. Modifications and Interruption to Service
Midmark reserves the right, at any time, to modify, alter, or update this Agreement without prior notice. Modifications shall become effective immediately upon being posted on the Site. Your continued use of the Site or purchases made after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications. Except as expressly stated herein, this Agreement may not be amended.
Midmark reserves the right to modify or discontinue the Site with or without notice. Midmark shall not be liable to you or any third party should Midmark exercise its right to modify or discontinue the Site. You acknowledge and accept that Midmark does not guarantee continuous, uninterrupted, or secure access to the Site and operation of the Site may be interfered with or adversely affected by numerous factors or circumstances outside of Midmark’s control.