CONCORDE, INC. WEBSITE TERMS & CONDITIONS
We welcome you to our website. This website is operated and hosted by Concorde, Inc. (“Concorde”, “we” or “us"). We ask that you review these Terms & Conditions, which are intended to constitute a binding agreement that conditions your access to and use of this website, including any content, functionality and services offered on or through this website (“Agreement”).
Please read these Terms & Conditions carefully before you start to use the website. By accessing, browsing, and/or using the services posted on this website, including any content, functionality and services offered on or through this website, you are deemed to have agreed to be bound by the following terms. If you do not wish to be bound by these terms, please do not access, browse, or use this website. We may periodically revise and update these Terms & Conditions from time to time in our sole discretion, so please check them from time to time as your continued use of the website signifies your agreement to any changed terms. All changes are effective immediately when we post them and apply to all access to and use of the website thereafter.
The www.concorde2000.com website is open to the public and contains information about Concorde, its product and services, its people and related information.
2. Intellectual Property Rights and Grant of Access.
By entering into this Agreement, you will be granted access to this website without charge. Your access privileges, however, are conditioned on your adherence to the terms of this Agreement. We reserve the right to temporarily or permanently deny you access to this website at any time if, in our sole discretion, you have failed to abide by the terms of this Agreement or appear to us likely to do so. By agreeing to grant you access to this website, we do not obligate ourselves to continue to do so. We expressly reserve the right to modify, suspend or terminate your access privileges. You agree and understand that we may, in our sole discretion and without any prior notice, close this website or deny you access to it. No rights, other than those specifically described in this Agreement, are granted to you by this Agreement. This website and all material which is posted on this website, including the software developed by Concorde to operate this website, is protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws and solely belongs to Concorde or its licensors or other providers of such material. You are permitted to print copies of any content posted on this website; provided, that if you print, copy, modify, download or otherwise use or provide any other person with access to any such content in breach of these Terms & Conditions, your right to use this website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. Except as expressly provided above, all other rights are reserved. Electronic reproduction, adaptation, distribution, performance or display of the contents of the website is prohibited. Commercial use of any of the content of the website is strictly prohibited. Use of any of our trademarks, logos or other intellectual property rights as metatags on other websites also is strictly prohibited. You agree not to circumvent, disable or otherwise interfere with security-related features of this website or features that prevent or restrict use or copying of any materials or enforce limitations on use of this website or the materials thereon. You agree to not engage in the use, copying, or distribution of any of the materials other than expressly permitted in this Agreement. You further agree not to copy any material on this website for the purpose of reverse engineering this website or any of the information or screens depicted on the website. You agree not to show or share this website with anyone else except in the furtherance of the processing of a specific individual’s medical examinations and/or tests.
The Concorde name, its logos and all related names, logos, product and service names, designs and slogans are trademarks of Concorde or its affiliates or licensors. You must not use such marks without our prior written consent. All other names, logos, product and service names, designs and slogans on this website are the trademarks of their respective owners.
We reserve the right to withdraw or amend this website, and any services or materials we provide on this website, in our sole discretion without notice. We will not be liable if for any reason all or any part of this website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of this website, or the entire website, to users, including registered users. You are responsible for making all arrangements necessary for you to have access to the website and for ensuring that all persons who access this website through your Internet connection are aware of these Terms & Conditions and comply with them.
With respect to any private or password-protected portions of this website, if you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this website or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms & Conditions.
4. Dispute Resolution/ Jurisdiction.
This website is hosted on servers located in Pennsylvania and is intended to be viewed by residents of the United States. All disputes arising out of or relating to this Agreement or our operation of this website shall be resolved by binding arbitration in the City of Philadelphia, Pennsylvania, pursuant to the rules of the American Arbitration Association. All such disputes shall be governed by and construed in accordance with the laws of the United States and of the Commonwealth of Pennsylvania as applied to transactions entered into and to be performed wholly within the Commonwealth of Pennsylvania between Pennsylvania residents. However, you agree that we shall be entitled to obtain preliminary injunctive relief to enforce any of the terms of this Agreement against you pending a final determination in arbitration. In the event of litigation or to compel arbitration or to enforce an arbitration award under this Section, or to obtain an injunction under this Section, the parties hereby irrevocably consent and submit to the personal jurisdiction and venue of the state and federal courts located in Philadelphia, PA, and you waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
5. DISCLAIMER AND LIMITATION ON LIABILITY.
THE INFORMATION PRESENTED ON OR THROUGH THIS WEBSITE IS MADE AVAILABLE SOLELY FOR GENERAL INFORMATION PURPOSES, AND WE DO NOT WARRANT THE ACCURACY, COMPLETENESS OR USEFULNESS OF SUCH INFORMATION. EXCEPT AS OTHERWISE EXPRESSLY STATED ON THIS WEBSITE OR IN AN AGREEMENT ENTERED INTO BY AND BETWEEN US AND YOU WITH RESPECT TO OUR PRODUCTS AND/OR SERVICES, ALL CONTENTS OF THE WEBSITE ARE OFFERED ON AN "AS IS" AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTY WHATSOEVER EITHER EXPRESSED OR IMPLIED. CONCORDE MAKES NO, AND DISCLAIMS ALL, REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, WE DO NOT MAKE ANY REPRESENTATION OF WARRANTY (I) WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF OUR WEBSITE OR (II) THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. IN NO EVENT SHALL CONCORDE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THIS WEBSITE, ANY CONTENT ON THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE, INCLUDING ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. ANY RELIANCE YOU PLACE ON SUCH INFORMATION IS STRICTLY AT YOUR OWN RISK.
WE MAY UPDATE THE CONTENT ON THIS WEBSITE FROM TIME TO TIME, BUT ITS CONTENT IS NOT NECESSARILY COMPLETE OR UP-TO-DATE. ANY OF THE MATERIAL ON THIS WEBSITE MAY BE OUT OF DATE AT ANY GIVEN TIME, AND WE ARE UNDER NO OBLIGATION TO UPDATE SUCH MATERIAL.
You agree to defend, indemnify and hold harmless Concorde and its affiliates, licensors and service providers and their respective successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms & Conditions or your use of this website, including, but not limited to, any use of this website’s content, services and products other than as expressly authorized in these Terms & Conditions or your use of any information obtained from this website.
This Agreement constitutes the entire agreement between you and Concorde regarding the use of this website and/or Concorde services and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to this website and/or Concorde services. The failure of Concorde to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. If any provision or part of a provision of this Agreement is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
8. Contact Information.
You may contact Concorde by writing to Concorde, Inc., Attention: Privacy Officer, 1835 Market Street, 12th Floor, Philadelphia, PA, U.S.A. or emailing the Privacy Officer at firstname.lastname@example.org or faxing the Privacy Officer at 215-563-1269. If you are a California resident, the Complaint Assistance Unit of the Division of Consumer Services of the Dept. of Consumer Affairs may be contacted at 400 R Street, Sacramento, CA 95814 or (800) 952-5210.
Revised September 8, 2015.