Terms of Use

Terms of Use

Terms of Use

These Terms of Use were last revised and are effective as of: [September 14, 2023]

This website (https://www.minicarm.com/) and any associated websites, content, functionality and services offered on or through this website (referred to collectively herein as the “website”) is owned and operated by Bacon Healthcare (referred to below as “Bacon,” “us,” “we” or “our”).

Use of this Website

We appreciate your interest in us and welcome you to this website.

Your access to and use of this website is subject to the following Terms of Use and applicable laws. By accessing and browsing this website, you acknowledge that you have read, understood and accept, without limitation or qualification, these Terms of Use and any future modifications thereof and agree to follow and be bound by them. If you do not agree with any of these Terms of Use at any time, do not use this website.

In order to use this website, you must either be the age of majority in your jurisdiction, an emancipated minor, or be over the age of 13 and possess legal parental or guardian consent, and fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in these Terms of Use and to abide by and comply with these Terms of Use. You represent that you meet the foregoing eligibility requirements in this Section.

In order to access some features of this website, you may be required to register. If you register, you agree to provide us with accurate and complete registration information, and to inform us immediately of any updates or other changes to such information. Failure to comply with the terms of this paragraph shall constitute a material breach of these Terms of Use, which may result in immediate termination of your account. In addition, we reserve the right to refuse registration of, or cancel a registration, in our sole and exclusive discretion.

The information of this website is presented as a service to people interested in us. Any unauthorized downloading or distribution of any copyrighted material from this website, without the copyright owner’s permission, is strictly prohibited.

Intellectual Property Rights

You should assume that everything you see or read on this website is copyrighted unless otherwise noted. You agree not to sell, license, publicly perform or display, edit, create derivative works of, copy, translate, reproduce, distribute, modify, publish, download, post, transmit in any way, or otherwise make unauthorized use of the website and the Website Content (defined below) without the prior written consent of the copyright owner, EXCEPT: You may print copies of the material for your personal, non‐commercial use, provided that you do not delete or change any copyright, trademark, or other proprietary notices. Unless otherwise noted, all content, material, visual interfaces, interactive features, audio, video, audio-visual material, information, graphics, design, compilation, computer code, products, software, services, proprietary information, service marks, trademarks, trade names, distinctive information such as logos, the selection, sequence, “look and feel” and arrangement of items, and all other elements on this website (the “Website Content”), including all copyrights, trademarks, trade dress, and/or other intellectual property rights, are owned, controlled, and/or licensed by us, by one of our affiliates, or by third parties who have licensed their material to us and are protected by U.S. and international laws, regulations and treaties. We reserve complete title and full intellectual property rights in any Website Content you download from this website, and no right, title, or interest is transferred to you as a result of any such downloading or copying.

Modifying, distributing, or using for any purpose the material on this website which is copyrighted or otherwise protected under intellectual property laws directly violates intellectual property rights of the owner. Access to this website does not confer and shall not be considered as conferring upon anyone any license under any of our, our affiliates’, or any third party’s intellectual property rights.

Prohibited Uses of the Website        

  1. As a condition of your use of this website, you hereby represent and warrant that you will not use this website for any purpose that is unlawful or prohibited (including, without limitation, the prohibitions in this Section) by these Terms of Use.
  2. Any use by you of any of the Website Content and this website other than for your personal use is strictly prohibited.
  3. You agree not to intentionally interfere with or damage, impair or disable the operation of this website or any user’s enjoyment of it by any means, including but not limited to uploading or otherwise disseminating viruses, worms, spyware, adware, or other malicious code, or placing a disproportionate load on this website with the intended result of denying service to other users.
  4. You agree not to attempt to gain unauthorized access to this website or any part of it, other accounts, computer systems or networks connected to this website or any part of it, through hacking, password mining or any other means.
  5. You agree not to obtain or attempt to obtain any materials or information through any means not intentionally made available through this website. You agree neither to modify this website in any manner or form (other than contributing user-provided content as enabled by this website’s functionality and in accordance with these Terms of Use), nor to use modified versions of this website, including (without limitation) for the purpose of obtaining unauthorized access to this website.
  6. You agree that you will not use any robot, spider, scraper, or other automated means to access this website for any purpose without our express prior written permission or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to this website.
  7. You agree not to utilize framing techniques to enclose any trademark, logo, or other Website Content without our express prior written consent. You agree not to use any meta tags or any other “hidden text” utilizing our name or trademarks without our express prior written consent.
  8. Of our logos, graphics, or trademarks as part of the link without our express prior written consent.
  9. You agree not to reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of this website or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
  10. You agree not to impersonate another person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
  11. Unauthorized or prohibited use of this website or the Website Content may subject you to civil liability, criminal prosecution, or both under international, federal, state and local laws.

Links to Third Party Websites

Links on this website to third-party websites or information are provided solely as a convenience to you. If you use these links, you will leave the website. Such links do not constitute or imply an endorsement, sponsorship, affiliation or recommendation by us of the third party, the third-party website, or the information contained therein. We have no control over such third-party websites or their content, and therefore make no claim or representation regarding, and expressly disclaims responsibility for, the accuracy, quality, legality, nature, availability, or reliability of such third-party websites or other content linked to by the website. If you choose to correspond or engage in transactions with any other person, organization or business found on or through the website, you acknowledge and agree that we are not a party to, and will not be responsible for, your interaction with such person, organization or business, including its treatment of your information, content provided by you, and/or the terms and conditions applicable to any transaction between you and such third party. You agree that we have no responsibility or liability for any loss or damage of any kind that you may suffer as the result of any such interaction or the presence of such person, organizations or businesses on the website. ACCESS AND USE OF THIRD-PARTY WEBSITES, INCLUDING THE INFORMATION, CONTENT, MATERIAL, PRODUCTS, AND SERVICES ON THIRD-PARTY WEBSITES OR AVAILABLE THROUGH THIRD-PARTY WEBSITES, IS SOLELY AT YOUR OWN RISK. Our terms and policies do not govern your use of any site other than the website. You should review applicable terms and policies, including the privacy and data gathering practices, of any third-party websites.

Changes to Terms of Use

We reserve the right, in our sole and exclusive discretion, to revise these Terms of Use at any time and from time-to-time. All revisions shall be posted on this page and we may notify you of such changes through any of a variety of means, including a change to the “last revised” date set forth above and other reasonable means to be determined at our discretion. All changes shall be effective immediately. Since you are bound by all revisions to these Terms of Use, you should review this page each time you visit our website.

Feedback

You agree that any feedback, analysis, suggestions and comments to us provided by you (collectively, “Feedback”) will become our property. IN CONSIDERATION OF PROVIDING ACCESS TO THE WEBSITE FREE OF CHARGE OR, IN THE CASE OF FEEDBACK PROVIDED USING FEATURES OF THE WEBSITE FOR WHICH YOU MUST PAY A FEE, THEN AS FURTHER CONSIDERATION FOR YOUR ACCESS TO SUCH FEATURES, YOU HEREBY ASSIGNS TO US ALL RIGHT, TITLE AND INTEREST, INCLUDING ALL INTELLECTUAL PROPERTY RIGHTS, IN AND TO THE FEEDBACK. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU AGREE THAT WE SHALL HAVE THE PERPETUAL, IRREVOCABLE AND WORLDWIDE RIGHT TO USE, COPY, DISPLAY, PERFORM, TRANSLATE, MODIFY, LICENSE, SUBLICENSE AND OTHERWISE EXPLOIT ALL OR PART OF THE FEEDBACK OR ANY DERIVATIVE THEREOF IN ANY EMBODIMENT, MANNER OR MEDIA NOW KNOWN OR HEREAFTER DEVISED WITHOUT ANY REMUNERATION, COMPENSATION OR CREDIT TO USER. You represents and warrant that you have the right to make the foregoing assignment and to grant to us the rights granted under this Section and that any Feedback which is provided by you to us does not infringe any third-party intellectual property rights.

Disclaimer

YOU EXPRESSLY AGREE THAT THE USE OF THE webSITE IS AT YOUR SOLE RISK. This website, and the website content available on or accessible through this website, is provided on an “as is,” “where is” and “as available” basis without warranties of any kind. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, STATUTORY, express or implied, APPLICABLE TO THE WEBSITE, THE WEBSITE CONTENT AND ANY THIRD-PARTY CONTENT OTHERWISE MADE AVAILABLE ON THE WEBSITE including but not limited to IMPLIED warranties of title, no infringement, merchantability or fitness for a particular purpose. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE WEBSITE, WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.

We apply technologies accustomed to industrial standards to secure this website. However, we do not warrant that the website will be uninterrupted or error‐free or that any information or other materials available on or accessible through this website is free of viruses, worms, Trojan horses, or other harmful components. This exclusion of implied warranties may not apply to you, to the extent that applicable law may not allow the exclusion of implied warranties.

Without limiting the foregoing, we do not represent or warrant that the information on this website is accurate, complete, reliable, useful, timely, or current, and we disclaim any liability as to the accuracy or completeness thereof.

YOU UNDERSTAND AND AGREE THAT YOUR USING, ACCESSING, DOWNLOADING, OR OTHERWISE OBTAINING INFORMATION, MATERIALS, OR DATA THROUGH THE webSITE (INCLUDING RSS FEEDS) OR ANY third-party websites linked to or referenced by this website IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM) OR LOSS OF DATA THAT RESULTS FROM THE USE OR DOWNLOAD OF, OR OTHER ACCESS TO SUCH information, MATERIAL OR DATA.

Nothing in this website is to be construed as a recommendation to use any product or service.

Limitation of Liability

Under no circumstances shall we or our employees, directors, officers, agents, vendors, or suppliers be liable for any damages whatsoever, including, but not limited to, any actual, direct, indirect, incidental, special, punitive, exemplary, compensatory, consequential, or any other damages that result in any way from your use of or inability to use the website or any hyperlinked website, or your reliance on or use of information, services, or merchandise provided on or through the website or any hyperlinked website, or that result from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation or transmission, any failure of performance, or any other matter relating to the website or any hyperlinked website.

This is a comprehensive limitation of liability that applies to all losses and damages of any kind, whether in contract, negligence, or other tortious action, even if one of our authorized representatives has been advised of or should have known of the possibility of such damages. If you are dissatisfied with this website or any content on this website, or with these terms of use, your sole and exclusive remedy is to discontinue using this website. You acknowledge, by your use of this website, that your use of this website is at your sole risk and option.

The above limitation of liability may not apply to you. If any part of this limitation on liability is found to be invalid or unenforceable for any reason, then our total liability to you for all losses, damages, and causes of action will not be greater than the direct incremental amount, if any, you paid specifically to access this website, but shall in no event exceed $100.00.

Indemnification

You agree to defend, indemnify, and hold us AND OUR SUBSIDIARIES, AFFILIATES OR ANY RELATED COMPANIES, AND THE OFICERS, DIRECTORS, EMPLOYEES, AGENTS AND REPRESENTATIVES OF ANY OF THEM harmless from any and all claims, losses, OBLIGATIONS, DAMAGES, liabilities, costs, and expenses, including attorneys’ fees, arising from or related to (I) your use of this website, (II) YOUR VIOLATION OF THESE tERMS OF USE, (III) YOUR VIOLATION OF THE RIGHTS OF ANY OTHER PERSON OR ENTITY, INCLUDING CLAIMS OF THE INFRINGEMENT OR VIOLATION OF ANY THIRD PARTY INTELLECTUAL PROPERTY RIGHTS; (IV) YOUR BREACH OF THE FOREGOING REPRESENTATIONS, WARRANTIES, AND COVENANTS; AND (V) ANY UNAUTHORIZED USE OF YOUR ACCOUNT NOT CAUSED BY US.

WE RESERVE THE RIGHT, AT YOUR EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER FOR WHICH YOU ARE REQUIRED TO INDEMNIFY US AND YOU AGREE TO COOPERATE WITH OUR DEFENSE OF THESE CLAIMS. YOU AGREE NOT TO SETTLE ANY MATTER GIVING RISE TO YOUR INDEMNIFICATION OBLIGATIONS WITHOUT OUR PRIOR WRITTEN. WE WILL USE REASONABLE EFFORTS TO NOTIFY YOU OF ANY SUCH CLAIM, ACTION, OR PROCEEDING UPON BECOMING AWARE OF IT.

Site Security

You are prohibited from violating, removing, circumventing, disabling, damaging or otherwise interfering (or attempting to perform any of the foregoing) the security of this website and any security-related features of this website, features that prevent or restrict the use or copying of any part of this website, or features that enforce limitations on the use of this website. Violations of the system or network security may result in civil or criminal liability. You agree not to use a device or software to interfere or attempt to interfere with the proper working of this website or any activity being conducted on this website. You are responsible for maintaining the confidentiality of your password, and you are fully responsible for all activities that occur under your account, whether or not you authorize such activities.

Privacy

Use of this website is governed by our Privacy Policy, which we encourage you to review.

Termination

These Terms of Use are effective unless and until terminated by either you or us. You may terminate these Terms of Use at any time, provided that you discontinue any further use of this website. We may terminate these Terms of Use at any time and may do so immediately without notice, and accordingly deny your access to the website, if we, in our sole discretion, determine that you have failed to comply with any term or provision of these Terms of Use. Upon any termination of the Terms of Use by either party, you must promptly destroy all materials downloaded or otherwise obtained from our website, as well as all copies of such materials, whether made under the Terms of Use hereof or otherwise.

Governing Law and Disputes

This website can be accessed from all over the world. All information contained in this website is intended for the United States market only. This website is controlled, maintained, and serviced by us in the United States. By your use of our website, you agree that any dispute arising from or relative to this website, or use or inability to use the website, will be governed by the laws of the State of New York, without regard to its conflict of law provisions, and/or by applicable U.S. federal intellectual property laws with respect to matters governed thereby. You also agree, and hereby submit, to the exclusive personal jurisdiction of the state and/or federal courts located in New York County, New York with respect to such matters.

YOU AGREE THAT ANY CAUSE OF ACTION BROUGHT BY YOU ARISING OUT OF OR RELATED TO THIS WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

Miscellaneous

These Terms of Use represent the complete agreement between the parties relating to the subject matter herein and supersedes all prior communications, understandings, agreements and representations between them. You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of these Terms of Use or your use of this website. If any provision of these Terms of Use is held to be unenforceable for any reason, such provision shall be reformed or eliminated only to the extent necessary so that these Terms of Use shall otherwise remain in full force and effect and enforceable. Our failure to act with respect to a breach of these Terms of Use by you or others does not constitute a waiver and shall not limit our rights with respect to such breach or any subsequent breaches. These Terms of Use are not assignable, transferable, or sub licensable by you. The headings in these Terms of Use are for convenience only and have no legal or contractual effect. These Terms of Use include and incorporate the Privacy Policy for this website.

Copyright © 2024  Bacon Healthcare Corp. All Rights Reserved.