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Agreement to Terms of Use
These Terms and Conditions of Use (the "Terms of Use")
apply to the Flaga Group website located at www.flagagroup.com,
and all associated sites linked to www.flagagroup.com by
Flaga Group, its subsidiaries and affiliates, including
Flaga Group sites around the world (collectively, the "Site").
The Site is the property of Flaga Group and its licensors.
BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU
DO NOT AGREE, DO NOT USE THE SITE.
Flaga Group reserves the right, at its sole discretion,
to change, modify, add or remove portions of these Terms
of Use, at any time. It is your responsibility to check
these Terms of Use periodically for changes. Your continued
use of the Site following the posting of changes will mean
that you accept and agree to the changes. As long as you
comply with these Terms of Use, Flaga Group grants you a
personal, non-exclusive, non-transferable, limited privilege
to enter and use the Site.
Content
All text, graphics, user interfaces, visual interfaces,
photographs, trademarks, logos, sounds, music, artwork and
computer code (collectively, "Content"), including
but not limited to the design, structure, selection, coordination,
expression, "look and feel" and arrangement of
such Content, contained on the Site is owned, controlled
or licensed by or to Flaga Group, and is protected by trade
dress, copyright, patent and trademark laws, and various
other intellectual property rights and unfair competition
laws.
Except as expressly provided in these Terms of Use, no part
of the Site and no Content may be copied, reproduced, republished,
uploaded, posted, publicly displayed, encoded, translated,
transmitted or distributed in any way (including "mirroring")
to any other computer, server, Web site or other medium
for publication or distribution or for any commercial enterprise,
without Flaga Group's express prior written consent.
You may use information on Flaga Group products and services
(such as knowledge base articles and similar materials)
purposely made available by Flaga Group for downloading
from the Site, provided that you (1) not remove any proprietary
notice language in all copies of such documents, (2) use
such information only for your personal, non-commercial
informational purpose and do not copy or post such information
on any networked computer or broadcast it in any media,
(3) make no modifications to any such information, and (4)
not make any additional representations or warranties relating
to such documents.
Your Use of the Site
You may not use any "deep-link", "page-scrape",
"robot", "spider" or other automatic
device, program, algorithm or methodology, or any similar
or equivalent manual process, to access, acquire, copy or
monitor any portion of the Site or any Content, or in any
way reproduce or circumvent the navigational structure or
presentation of the Site or any Content, to obtain or attempt
to obtain any materials, documents or information through
any means not purposely made available through the Site.
Flaga Group reserves the right to bar any such activity.
You may not attempt to gain unauthorized access to any portion
or feature of the Site, or any other systems or networks
connected to the Site or to any Flaga Group server, or to
any of the services offered on or through the Site, by hacking,
password "mining" or any other illegitimate means.
You may not probe, scan or test the vulnerability of the
Site or any network connected to the Site, nor breach the
security or authentication measures on the Site or any network
connected to the Site. You may not reverse look-up, trace
or seek to trace any information on any other user of or
visitor to the Site, or any other customer of Flaga Group,
including any Flaga Group account not owned by you, to its
source, or exploit the Site or any service or information
made available or offered by or through the Site, in any
way where the purpose is to reveal any information, including
but not limited to personal identification or information,
other than your own information, as provided for by the
Site.
You agree that you will not take any action that imposes
an unreasonable or disproportionately large load on the
infrastructure of the Site or Flaga Group's systems or networks,
or any systems or networks connected to the Site or to Flaga
Group.
You agree not to use any device, software or routine to
interfere or attempt to interfere with the proper working
of the Site or any transaction being conducted on the Site,
or with any other person's use of the Site.
You may not forge headers or otherwise manipulate identifiers
in order to disguise the origin of any message or transmittal
you send to Flaga Group on or through the Site or any service
offered on or through the Site. You may not pretend that
you are, or that you represent, someone else, or impersonate
any other individual or entity.
You may not use the Site or any Content for any purpose
that is unlawful or prohibited by these Terms of Use, or
to solicit the performance of any illegal activity or other
activity which infringes the rights of Flaga Group or others.
Purchases; Other Terms and Conditions
Additional terms and conditions may apply to purchases of
goods or services and to specific portions or features of
the Site, including contests, promotions or other similar
features, all of which terms are made a part of these Terms
of Use by this reference. You agree to abide by such other
terms and conditions, including where applicable representing
that you are of sufficient legal age to use or participate
in such service or feature. If there is a conflict between
these Terms of Use and the terms posted for or applicable
to a specific portion of the Site or for any service offered
on or through the Site, the latter terms shall control with
respect to your use of that portion of the Site or the specific
service.
Flaga Group's obligations, if any, with regard to its products
and services are governed solely by the agreements pursuant
to which they are provided, and nothing on this Site should
be construed to alter such agreements.
Flaga Group may make changes to any products or services
offered on the Site, or to the applicable prices for any
such products or services, at any time, without notice.
The materials on the Site with respect to products and services
may be out of date, and Flaga Group makes no commitment
to update the materials on the Site with respect to such
products and services.
Accounts, Passwords and Security
Certain features or services offered on or through the Site
may require you to open an account (including setting up
a Flaga Group ID and password). You are entirely responsible
for maintaining the confidentiality of your account information,
including your password, and for any and all activity that
occurs under your account. You agree to notify Flaga Group
immediately of any unauthorized use of your account or password,
or any other breach of security. However, you may be held
liable for losses incurred by Flaga Group or any other user
of or visitor to the Site due to someone else using your
Flaga Group ID, password or account.
You may not use anyone else's Flaga Group ID, password or
account at any time without the express permission and consent
of the holder of that Flaga Group ID, password or account.
Flaga Group cannot and will not be liable for any loss or
damage arising from your failure to comply with these obligations.
Privacy
Flaga Group's Privacy Statement applies to use of this Site,
and its terms are made a part of these Terms of Use by this
reference. To view Flaga Group's Privacy Statement, click
here. Additionally, by using the Site, you acknowledge
and agree that Internet transmissions are never completely
private or secure. You understand that any message or information
you send to the Site may be read or intercepted by others,
even if there is a special notice that a particular transmission
(for example, credit card information) is encrypted.
Links to Other Sites and to the Flaga Group Site
This Site may contain links to other independent third-party
Web sites ("Linked Sites"). These Linked Sites
are provided solely as a convenience to our visitors. Such
Linked Sites are not under Flaga Group's control, and Flaga
Group is not responsible for and does not endorse the content
of such Linked Sites, including any information or materials
contained on such Linked Sites. You will need to make your
own independent judgment regarding your interaction with
these Linked Sites.
Disclaimers
Any medical information is provided as a general information
service only, and is not intended as a substitute for advice
from a registered physician or other healthcare professional.
Product information is provided as a general information
service only, and is not intended as a substitute for user
manuals or other documentation supplied with Flaga Group
product, nor as a substitute for advice from a registered
physician or other healthcare professional.
The product described on this web site may not be available
in all countries. In particular, when there are different
part-numbers for a product, the European products comply
with the Medical Device Directive, meet local regulations
and bear a CE mark. Products without a CE-mark should not
be distributed in Europe.
In some countries, some or all of the product described
on this website is available only by order of a physician.
Flaga Group does not promise that the site or any content,
service or feature of the site will be error-free or uninterrupted,
or that any defects will be corrected, or that your use
of the site will provide specific results. The site and
its content are delivered on an "as-is" and "as-available"
basis. All information provided on the site is subject to
change without notice. Flaga Group cannot ensure that any
files or other data you download from the site will be free
of viruses or contamination or destructive features. Flaga
Group disclaims all warranties, express or implied, including
any warranties of accuracy, non-infringement, merchantability
and fitness for a particular purpose. Flaga Group disclaims
any and all liability for the acts, omissions and conduct
of any third parties in connection with or related to your
use of the site and/or any Flaga Group services. You assume
total responsibility for your use of the site and any linked
sites. Your sole remedy against Flaga Group for dissatisfaction
with the site or any content is to stop using the site or
any such content. This limitation of relief is a part of
the bargain between the parties.
The above disclaimer applies to any damages, liability or
injuries caused by any failure of performance, error, omission,
interruption, deletion, defect, delay in operation or transmission,
computer virus, communication line failure, theft or destruction
of or unauthorized access to, alteration of, or use, whether
for breach of contract, tort, negligence or any other cause
of action.
Flaga Group reserves the right to do any of the following,
at any time, without notice: (1) to modify, suspend or terminate
operation of or access to the Site, or any portion of the
Site, for any reason; (2) to modify or change the Site,
or any portion of the Site, and any applicable policies
or terms; and (3) to interrupt the operation of the Site,
or any portion of the Site, as necessary to perform routine
or non-routine maintenance, error correction, or other changes.
Limitation of Liability
Except where prohibited by law, in no event will Flaga Group
be liable to you for any indirect, consequential, exemplary,
incidental or punitive damages, including lost profits,
even if Flaga Group has been advised of the possibility
of such damages.
Indemnity
You agree to indemnify and hold Flaga Group, its officers,
directors, shareholders, predecessors, successors in interest,
employees, agents, subsidiaries and affiliates, harmless
from any demands, loss, liability, claims or expenses (including
attorneys' fees), made against Flaga Group by any third
party due to or arising out of or in connection with your
use of the Site.
Violation of These Terms of Use
Flaga Group may disclose any information we have about you
(including your identity) if we determine that such disclosure
is necessary in connection with any investigation or complaint
regarding your use of the Site, or to identify, contact
or bring legal action against someone who may be causing
injury to or interference with (either intentionally or
unintentionally) Flaga Group's rights or property, or the
rights or property of visitors to or users of the Site,
including Flaga Group's customers. Flaga Group reserves
the right at all times to disclose any information that
Flaga Group deems necessary to comply with any applicable
law, regulation, legal process or governmental request.
Flaga Group also may disclose your information when Flaga
Group determines that applicable law requires or permits
such disclosure, including exchanging information with other
companies and organizations for fraud protection purposes.
You acknowledge and agree that Flaga Group may preserve
any transmittal or communication by you with Flaga Group
through the Site or any service offered on or through the
Site, and may also disclose such data if required to do
so by law or Flaga Group determines that such preservation
or disclosure is reasonably necessary to (1) comply with
legal process, (2) enforce these Terms of Use, (3) respond
to claims that any such data violates the rights of others,
or (4) protect the rights, property or personal safety of
Flaga Group, its employees, users of or visitors to the
Site, and the public.
You agree that Flaga Group may, in its sole discretion and
without prior notice, terminate your access to the Site
and/or block your future access to the Site if we determine
that you have violated these Terms of Use or other agreements
or guidelines which may be associated with your use of the
Site. You also agree that any violation by you of these
Terms of Use will constitute an unlawful and unfair business
practice, and will cause irreparable harm to Flaga Group,
for which monetary damages would be inadequate, and you
consent to Flaga Group obtaining any injunctive or equitable
relief that Flaga Group deems necessary or appropriate in
such circumstances. These remedies are in addition to any
other remedies Flaga Group may have at law or in equity.
You agree that Flaga Group may, in its sole discretion and
without prior notice, terminate your access to the Site,
for cause, which includes (but is not limited to) (1) requests
by law enforcement or other government agencies, (2) a request
by you (self-initiated account deletions), (3) discontinuance
or material modification of the Site or any service offered
on or through the Site, or (4) unexpected technical issues
or problems.
If Flaga Group does take any legal action against you as
a result of your violation of these Terms of Use, Flaga
Group will be entitled to recover from you, and you agree
to pay, all reasonable attorneys' fees and costs of such
action, in addition to any other relief granted to Flaga
Group. You agree that Flaga Group will not be liable to
you or to any third party for termination of your access
to the Site as a result of any violation of these Terms
of Use.
Dispute Resolution
You agree that all matters relating to your access to or
use of the Site, including all disputes, will be governed
by the laws of Iceland without regard to its conflicts of
laws provisions. You agree to the personal jurisdiction
by and venue in the federal courts of Iceland and waive
any objection to such jurisdiction or venue. Any claim under
these Terms of Use must be brought within one (1) year after
the cause of action arises, or such claim or cause of action
is barred. No recovery may be sought or received for damages
except that the prevailing party will be entitled to costs
and attorneys' fees. In the event of any controversy or
dispute between Flaga Group and you arising out of or in
connection with your use of the Site, the parties shall
attempt, promptly and in good faith, to resolve any such
dispute. If we are unable to resolve any such dispute within
a reasonable time (not to exceed thirty (30) days), then
either party may submit such controversy or dispute to mediation.
If the dispute cannot be resolved through mediation, then
the parties shall be free to pursue any right or remedy
available to them under applicable law.
Void Where Prohibited
Flaga Group administers and operates the corporate Site
from its location in Reykjavik, Iceland; other Flaga Group
sites may be administered and operated from various locations
outside Iceland. Although the Site is accessible worldwide,
not all features, products or services discussed, referenced,
provided or offered through or on the Site are available
to all persons or in all geographic locations. Flaga Group
reserves the right to limit, in its sole discretion, the
provision and quantity of any feature, product or service
to any person or geographic area. Any offer for any feature,
product or service made on the Site is void where prohibited.
If you choose to access the Site, you do so on your own
initiative and you are solely responsible for complying
with applicable local laws.
Trademark Information
Use of the Flaga Group Logo for commercial purposes and
the use of Medcare trademarks without the prior written
consent of Flaga Group and Medcare are prohibited, unless
expressly authorized.
Medcare Trademarks
Medcare®
Rembrandt®
Somnologica
NiteAssistant
DaVinci
Enterprise
Embla®
Embletta®
Monet
XactTrace
Aritsan
Vincent
Copyright Information
A copyright is a property right in an original work of authorship.
Copyright is recognized in most countries of the world by
statutory copyright laws.
Copyright exists in the expression of an idea, but not the
idea itself. Copyrightable expressions can take many forms
but are usually categorized as literary, musical, dramatic,
pantomime and choreography, pictorial, graphic, sculptural,
computer programs, motion pictures, and sound recordings.
To obtain permission to use Medcare copyrighted materials,
please refer to Rights and Permissions below.
Rights and Permissions
If you have any questions concerning the usage or licensing
of Flaga Group or Medcare copyrighted materials, for example,
photographs, video footage, Flaga Group or Medcare advertisements
or other Flaga Group materials, please submit your detailed
request in writing. Please be sure to include any surrounding
copy or text to the Flaga Group material.
Requests may be faxed to Rights and Permissions at +354
510 2010, or mailed to Flaga Group, Attention: Rights and
Permissions, Sidumuli 24, 108 Reykjavik, Iceland.
Flaga Group's Unsolicited Idea Submission
Policy
Flaga Group or any of its employees do not accept or consider
unsolicited ideas, including ideas for new advertising campaigns,
new promotions, new or improved products or technologies,
product enhancements, processes, materials, marketing plans
or new product names. Please do not send any original creative
artwork, suggestions or other works. The sole purpose of
this policy is to avoid potential misunderstandings or disputes
when Flaga Group's products or marketing strategies might
seem similar to ideas submitted to Flaga Group. So, please
do not send your unsolicited ideas to Flaga Group or anyone
at Flaga Group. If, despite our request that you not send
us your ideas, you still send them, then regardless of what
your letter says, the following terms shall apply to your
idea submission.
Terms of Idea Submission
You agree that: (1) your ideas will automatically become
the property of Flaga Group, without compensation to you,
and (2) Flaga Group can use the ideas for any purpose and
in any way, even give them to others.
Product Feedback
Flaga Group does, however, welcome your feedback regarding
many areas of Flaga Group's existing business. If you want
to send us your feedback, and we hope you do, we simply
request that you email us at
info@flagagroup.com. Please provide only specific feedback
on Flaga Group's existing products or marketing strategies;
do not include any ideas that Flaga Group's policy will
not permit it to accept or consider. It's just one more
way that Flaga Group can learn how to best satisfy your
needs.
Feedback and Information
Any feedback you provide at this site shall be deemed to
be non-confidential. Flaga Group shall be free to use such
information on an unrestricted basis.
Software and Documentation Information
Software
Use of any software downloaded from this site is subject
to the license terms in the Software License Agreement that
accompanies or is provided with the Software. Users may
not download or install the Software until they have read
and accepted the terms of the Software License Agreement.
Documentation
Any person is hereby authorized to: a) store documentation
on a single computer for personal use only and b) print
copies of documentation for personal use provided that the
documentation contains Flaga Group's copyright notice.
Third Party Companies and Products
Mention of third-party products, companies and web sites
on the Flaga Group web site is for informational purposes
only and constitutes neither an endorsement nor a recommendation.
Flaga Group assumes no responsibility with regard to the
selection, performance or use of these products or vendors.
Flaga Group provides this only as a convenience to our users.
Flaga Group has not tested any software found on these sites
and makes no representations regarding the quality, safety,
or suitability of any software found there. There are dangers
inherent in the use of any software found on the Internet,
and Flaga Group assumes no responsibility with regard to
the performance or use of these products. Make sure that
you completely understand the risks before retrieving any
software on the Internet. All third party products must
be ordered directly from the vendor, and all licenses and
warranties, if any, take place between you and the vendor.
Links to Other Web Sites
Flaga Group makes no representation whatsoever regarding
the content of any other web sites which you may access
from the Flaga Group web site. When you access a non-Flaga
Group web site, please understand that it is independent
from Flaga Group and that Flaga Group has no control over
the content on that web site. A link to a non-Flaga Group
web site does not mean that Flaga Group endorses or accepts
any responsibility for the content or use of such web site.
Warranties and Disclaimers
Flaga Group intends for the information and data contained
in the Flaga Group web site to be accurate and reliable,
however, since the information and data have been compiled
by Flaga Group from a variety of sources, it is provided
"as is." FLAGA GROUP EXPRESSLY DISCLAIMS ALL WARRANTIES
AND/OR CONDITIONS, EXPRESS OR IMPLIED, AS TO ANY MATTER
WHATSOEVER RELATING TO OR REFERENCED BY THE FLAGA GROUP
WEB SITE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES
AND/OR CONDITIONS OF MERCHANTABILITY OR SATISFACTORY QUALITY
AND FITNESS FOR A PARTICULAR PURPOSE AND NON INFRINGEMENT.
Flaga Group provides access to Flaga Group international
data and, therefore, may contain references or cross references
to Flaga Group products, programs and services that are
not announced in your country. Such reference does not imply
that Flaga Group in your country intends to announce such
products, programs or services.
The information contained in this website is subject to
change without notice.
Copyright © 1996-2006 Flaga Group hf.
All rights reserved.
Flaga Group, Sidumuli 24, 108 Reykjavik, Iceland.
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