PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THIS WEB SITE. BY ACCESSING THIS WEB SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU SHOULD NOT ACCESS OR USE THIS WEB SITE.
DISCLAIMER
The University of Florida Department of Anesthesiology (UF-DA) presents this Virtual Anesthesia Machine (VAM) Web site as a service to the public for informational purposes only. While the VAM web site seeks to present accurate, reliable, complete, current, and useful information on this site, we do not guarantee or warrant the accuracy, reliability, completeness, or usefulness of the information at this site or at other sites to which we link. Therefore, any use of or reliance upon information or products from this site or a linked site is at the user's risk. The information contained on this Web site does not constitute legal, engineering or other professional advice. If you have specific questions related to your situation, you are encouraged to consult an appropriate professional who can review the particular circumstances of your situation. Any reference to a product, service, publication, or Web site does not imply endorsement of the product, service, publication, or Web site.
WARRANTIES
THIS WEB SITE, INCLUDING BUT NOT LIMITED TO ITS CONTENT, CODE, ACCESS, AND OTHER FEATURES, AS WELL AS MATERIAL ACCESSIBLE THROUGH THIS WEB SITE, ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF ACCURACY, RELIABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THE UF-DA DOES NOT WARRANT THAT THE VAM WEB SITE WILL OPERATE IN AN UNINTERRUPTED OR ERROR-FREE FASHION, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Under no circumstances shall the UF-DA be liable for any direct, indirect, incidental, special, punitive, or consequential damages, including without limitation, lost revenue, lost profits, or loss of prospective economic advantage, that result in any way from your use of or inability to use the Web site; your reliance on or use of information or services provided on or through the Web site; or mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission or any failure of performance, even if the UF-DA has been advised of the possibility of such damages, or of any claim by another party..
CLICK THROUGH ACCESS
Some portions of the VAM Web site may provide you with access to other sites through our site as a convenience only, either by means of a direct link or through a software script (collectively, "Click-Through Access"). If the VAM web site provides you access to content, whether at our site or by Click-Through access, your rights to such content are limited to whatever rights are provided to you by the owner of the content, the owner or operator of the site accessed through Click-Through access. You agree that you will not use any portion of our site in violation of any agreements or membership rules of such programs or other sites.
INDEMNIFICATION
AS A CONDITION OF USE OF THIS WEB SITE, YOU AGREE TO INDEMNIFY AND HOLD THE UF-DA HARMLESS FROM ANY AND ALL LIABILITIES, COSTS AND EXPENSES, INCLUDING REASONABLE ATTORNEYS' FEES, RELATED TO ANY VIOLATION OF THESE TERMS AND CONDITIONS BY YOU.
MODIFICATION OF THESE TERMS AND CONDITIONS
The UF-DA reserves the right to change this agreement at any time by revising the terms and conditions herein. Users are responsible for regularly reviewing these terms and conditions. Continued use of the Web site following any such changes shall constitute the user's acceptance of such changes.
GOVERNING LAW
This agreement shall be governed by and construed in accordance with the laws of the City of Gainesville, Florida, U.S.A., without giving effect to any principles or conflicts of laws. User consents to the exclusive jurisdiction and venue of courts of the City of Gainesville, Florida, U.S.A. in all disputes arising out of or relating to the use of this Web site.
Use of this Web site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation, this paragraph. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
FULL AGREEMENT/SEVERABILITY
This agreement constitutes the entire agreement between the UF-DA and the user with respect to this Web site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the UF-DA and the user with respect to this Web site.
If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the subject matter herein and shall not be modified except in writing, signed by both parties.
ADMISSIBILITY
A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or related to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained by the UF-DA.
SUBMISSIONS TO US
The UF-DA always appreciates hearing from users of its VAM Web site, and we welcome any feedback. Nevertheless, to avoid any disputes we must ask you not to send us anything unless you agree that we will own what you send. Specifically, all suggestions, ideas, concepts, messages, e-mails, samples, and all other Content or submissions (collectively "Submissions") shall be deemed, and shall remain, the property of the UF-DA and you hereby assign all rights in the Submissions to us. If for any reason any rights in any Submissions are not assigned, you hereby grant us a perpetual, irrevocable, fully paid up license to use the Submissions for any purpose whatsoever.
PRIVACY
The personal or locator information that the user provides via this Web site will not be disclosed by the UF-DA to external parties. By being a user of this Web site, the user agrees that the UF-DA may share with other parties aggregate or individual information gathered by the UF-DA in the course of the user's continuing individual use of this Web site together with information regarding the manner in which the user uses this Web site, "Aggregate information" is information that describes the habits, usage patterns and/or demographics of users as a group but does not describe or reveal the identity of any particular user. "Individual information" is information about a user that is presented in a form distinguishable from information relating to other users but not in a form that personally identifies any user or enables the recipient to communicate directly with any user. "Locator information" consists of a user's name, e-mail address, physical address and/or other data about the user that enables the recipient to personally identify the user.
COPYRIGHT
The UF-DA owns (or licenses) all the wallpaper, characters, artwork, icons, graphics, music, sound clips, text, anesthesia machine component representations and other content on this site ("Content"), and all HTML, CGI, and other code and scripts in any format used to implement this site ("Code"). You may not copy, modify, translate, reproduce, upload, download, transmit, disseminate, (re)publish, or otherwise distribute any Code or Content from this site except as expressly permitted by these rules and the instructions for each section of this site. You may not modify or use the Content or Code (including user interface representations, display screens, data representations, data abstractions, text, gas color coding, menus, pop-up windows, click to blow-up, blow-up on mouse-over combined with click and drag, instruction mode, and anesthesia machine representation) you obtain from this site for any purpose other than those permitted, and doing so will violate our copyright and other proprietary rights. Please contact Dr. Lampotang to request written permission to reproduce material on the VAM web site.
If any portion of this site permits you to download Content, for those sections the above restrictions apply, except that you may download one copy of the Content on any single computer for your personal, non-commercial, research or educational use only, and you must not remove or modify any of the copyright, trademark, and other proprietary notices. We retain all rights to any Content you download, and only grant you a limited license to use them as described above. Any unauthorized downloading and distribution of any copyrighted material from sites to which we link, without copyright owner's permission, is strictly prohibited.
©2000 - 2002 University of Florida Department of Anesthesiology. All rights reserved. No part of this publication may be reproduced, modified, re-written, or distributed, electronically or by any other means, without the express written permission of the University of Florida Department of Anesthesiology.