Omnicell Website Terms and Conditions
Omnicell, Inc. (“Omnicell”) reserves the right, at any time, to modify, alter, or update the Terms without prior notice. Modifications shall become effective immediately upon being posted to the Site. Your continued use of the Site after amendments are posted constitutes an acknowledgement and acceptance of the Terms and modifications. If you breach any of these Terms, your authorization to use the Site automatically terminates and you must immediately destroy any downloaded or printed materials (and any copies thereof). Omnicell may terminate or suspend your authorization to use the Site immediately without notice at any time for any reason.
Use of Site. Omnicell authorizes you to use the Site only for your own personal, non-commercial use. Any use of the Site contents on any other website or networked computer environment for any purpose is prohibited.
Disclaimers. The Site is provided by Omnicell on an “as is” basis. To the fullest extent permitted by applicable law, Omnicell makes no representations or warranties of any kind, express or implied, regarding the use or the results of this Site in terms of its correctness, accuracy, reliability, or otherwise. Omnicell shall have no liability for any interruptions in the use of this Site. Omnicell disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement.
LIMITATION OF LIABILITY. IN NO EVENT WILL OMNICELL BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF REVENUES, LOST PROFITS, LOSS OF GOODWILL, LOSS OF USE, BUSINESS INTERRUPTION, OR OTHER INTANGIBLE LOSSES), ARISING OUT OF OR IN CONNECTION WITH THE SITE (INCLUDING, WITHOUT LIMITATION, USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE SITE), WHETHER SUCH DAMAGES ARE BASED ON WARRANTY, CONTRACT, TORT, STATUTE, OR ANY OTHER LEGAL THEORY AND EVEN IF OMNICELL HAS BEEN ADVISED (OR SHOULD HAVE KNOWN) OF THE POSSIBILITY OF SUCH DAMAGES.
Intellectual Property. The entire content of the Site is copyrighted, owned by Omnicell, and may not be distributed, publicly displayed, modified, reused, reposted, or otherwise used except as provided herein without the express prior written permission of Omnicell. If you make copies of any of the Site content, you must retain on any such copies all copyright and other proprietary notices contained in the original. The contents of this Site are protected under United States and international copyright laws. The Omnicell name and logo, and all product names, regardless of whether or not they appear with the a trademark symbol, are trademarks of Omnicell unless otherwise noted. The use or misuse of these trademarks, copyrights, or other materials, except as permitted herein, is expressly prohibited and may be in violation of copyright law and/or trademark law.
Indemnification. You agree to indemnify, defend, and hold harmless Omnicell, its subsidiaries, affiliates, officers and employees from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys’ fees) that it may incur as a result of or arising from your violation of these Terms.
General. These Terms constitute the entire, exclusive and final statement of the agreement between you and Omnicell with respect to the subject matter hereof, superseding any prior agreements with respect to such subject matter. These Terms shall be governed by the laws of the State of California as applied to agreements made, entered into, and performed entirely in California by California residents, notwithstanding your actual place of residence. All lawsuits arising from or relating to these Terms or your use of the Site shall be brought in the Federal or State courts located in Santa Clara County, California, and you hereby irrevocably submit to the exclusive personal jurisdiction of such courts for such purpose. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, void or unenforceable for any reason, the other provisions (and any partially enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. The failure of Omnicell to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. These Terms shall remain in full force and effect notwithstanding any termination or suspension of your use of the Site. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Omnicell without restriction.