Cosalient.com Terms of Use
This web site is owned and operated by Kuo Software LLC (“Kuo Software”), Kuo Software LLC. These Terms of Use apply to the web site for the Cosalient® software solution located at http://www.cosalient.com (“Cosalient Site”). By accessing the Cosalient Site, you agree to all of the terms and conditions set forth herein. If you do not agree with these Terms of Use, you are not authorized to access the Cosalient Site.
Changes and Updates
Kuo Software reserves the right to change the terms and conditions under which the Cosalient Site is offered by modifying, adding or removing any portion of these Terms of Use. Changes in these Terms of Use will be effective immediately upon posting. Your continued use of the Cosalient Site after any changes to these Terms of Use are posted constitutes your acceptance of these changes.
Kuo Software may terminate, change, suspend or discontinue any aspect of the Cosalient Site, including the availability of any features of the web site, at any time. Kuo Software may also impose limits on certain features and services or restrict your access to parts of or the entire web site without notice or liability.
Privacy and Protection of Personal Information
See Kuo Software Privacy Policy, incorporated herein by reference, for complete information relating to the collection and use of your personal information.
No Advice, No Pricing Information and No Solicitation
The information provided on the Cosalient Site is intended for information and entertainment purposes only and is not intended to constitute medical, healthcare, personal, technical, financial, accounting, legal or tax advice. Any content, product or service available through the Cosalient Site should not be used in place of a visit, call, consultation or the advice of a physician, qualified healthcare provider, medical coder, technician, accountant, banker, lawyer, tax advisor or other qualified expert. You should consult directly with Kuo Software or your other advisors before acting on any information on the Cosalient Site. Never disregard professional medical, healthcare, personal, technical, financial, accounting, legal or tax advice or delay in seeking it because of something you have read or viewed on this Site.
No Medical Advice, No Medical Information and No Medical Practice
All content contained on the Cosalient Site is intended to be general information resource or entertainment purposes in regard to the subject matter covered. Kuo Software does not directly or indirectly practice medicine, render medical advice, direct treatment course, provide diagnosis or dispense medical services through any content, product or service available through the Cosalient Site, and nothing contained in the Cosalient Site is intended to be instruction or advice for any type of medical diagnosis, cure, prevention, or treatment. The Cosalient Site and its contents do not constitute the practice of any medical diagnosis or treatment. Any information provided should not be considered complete, nor should it be relied on to suggest a course of action for any particular purpose to any individual or entity. All information on the Cosalient Site is subject to the disclaimer of warranties and limitation of liability addressed under the Terms of Use.
Content
All content contained on the Cosalient Site (such as text, articles, graphics, logos, button icons, images, videos and software) is the property of Kuo Software or its content suppliers and is protected by United States and international copyright, trademark or other laws. You are not authorized to copy, reproduce, republish, distribute, transmit, modify or use the contents of these pages without Kuo Software or the content supplier’s express written permission. Without limiting the foregoing, you are not authorized to use the contents of these pages in order to gain a competitive advantage, for marketing purposes (including, third-party solicitations), to harass, abuse or harm others, or in a way that otherwise exceeds the scope of your authorized access to these pages. In addition, you are not authorized to use, access, search or obtain data from the contents of these pages by using any deep-link, page scrape, robot, spider or other automatic device, program, algorithm or similar methodology.
Copyrights and Trademarks
The KUO SOFTWARE and COSALIENT trademarks and logos, and all other marks and names that may appear on the Cosalient Site, are trademarks and/or trade names of Kuo Software unless otherwise indicated. You are not authorized to copy, reproduce, republish, distribute, transmit, modify or use these trademarks or trade names in any manner, except as provided for your Software License and Services Agreement with Kuo Software, incorporated herein by reference. All other trademarks or trade names that may appear on the Cosalient Site are the property of their respective owners.
Disclaimer of Warranties
This web site and its content are provided on “as is” basis. Kuo Software disclaims all warranties, expressed or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement of third-party rights. Kuo Software makes no representations or warranties about the accuracy, completeness or timeliness of the information contained on the Cosalient Site, and you should confirm any information presented in the Cosalient Site before relying on it in any way. You expressly agree that use of the Cosalient Site, including all content, data, or software distributed by, downloaded or accessed from or through the Site, is at your sole risk. You understand and agree that you will be solely responsible for any damage to your business, your computer system or loss of data that results from the download of such content, data and/or software. Kuo Software assumes no responsibility for any damages suffered by a user, including, but not limited to, loss of data from delays, nondeliveries of content or email, errors, system down time, misdeliveries of content or email, network or system outages, file corruption, or service interruptions caused by the negligence of Kuo Software or a user’s own errors and/or omissions. Kuo Software disclaims any warranty or representation that confidentiality of information transmitted through the Cosalient Site will be maintained. No advice or information, whether oral or written, obtained by you from Kuo Software or through the Cosalient Site shall create any warranty not expressly stated in writing.
Limitation of Liability
In no event will Kuo Software or its employees be liable to you for any direct, incidental, consequential, indirect, special or punitive damages resulting from your use or inability to use the Cosalient Site or any content contained on, received from or downloaded from the Cosalient Site, even if Kuo Software has been advised of the possibility of such damages. This limitation will apply to damages from any cause of action, including, but not limited to, tort, contract, strict liability or otherwise. In no event will Kuo Software’s liability to you for any cause of action exceed the amount paid by you, if any, for accessing the Cosalient Site. Kuo Software does not warrant that the functions contained in the Cosalient Site will be uninterrupted or error-free, that defects will be corrected, or that the Cosalient Site or the servers that make the Cosalient Site available will be free of viruses or other harmful components.
Comments and Communications
Users of the Cosalient Site are given the opportunity to post suggestions, ideas, comments, testimonials, questions or other information on the Cosalient Site. It is the responsibility of the individual providing such content to ensure that no portion of the content is illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, in violation of securities laws or otherwise injurious to third parties. Kuo Software does not endorse, monitor, make any representation with respect to or assume any liability for any content posted by Users of the Cosalient Site. Kuo Software reserves the right to remove any offending content in its sole discretion and to reproduce, use and distribute any content provided without limitation.
Links To Other Sites
The Cosalient Site may contain links to other web sites that are independently run sites. Kuo Software does not endorse, monitor, make any representation with respect to or assume any liability for any third-party sites, including, without limitation, any products or services that are advertised or made available for purchase through such sites.
Indemnification
You agree to defend, indemnify and hold Kuo Software and any of its officers, directors, employees, agents and affiliates harmless from and against any and all claims, actions, liabilities, costs or damages (including reasonable attorneys’ fees) asserted by any third party arising from or related to your use of the Cosalient Site or conduct in connection therewith in violation of these Terms of Use.
Severability
Should any part or portion of these Terms of Use be found or held to be invalid or unenforceable, then the meaning of said Term will be construed, to the extent feasible, so as to render the Term enforceable, and if no feasible interpretation would save such Term, it will be severed from the remainder of these Terms of Use, which will remain in full force and effect unless Kuo Software’s obligations hereunder are materially impaired.
Governing Law
These Terms of Use will be governed by the laws of the State of Washington, without regard to its conflict of laws principles.
Entire Agreement
This constitutes the entire agreement between you and Kuo Software regarding the access and use of the Cosalient Site.
Terms of Use by Patchen M. Haggerty, Dorsey & Whitney LLP