LEGAL DISCLAIMER

Your access or use of NDI’s website shall be deemed your acceptance of this Legal Disclaimer.

NDI retains and reserves all rights to its domain names, trade names, trademarks, service marks and logos, copyrights and all other intellectual property. NDI reserves the right to withdraw permission for any link or usage.

General Disclaimer.

All materials, including any link to other websites and content found at linked websites, is provided “as is” and without any express or implied warranties, including warranties of merchantability or fitness for a particular purpose. Due to the nature of the internet, NDI does not warrant that access to the website will be uninterrupted or error free. NDI does not warrant or make any representations regarding the usefulness of or the expected results of the material contained on the website.

Viruses, Worms, Use of Files.

NDI cannot and does not guarantee or warrant that files available for downloading from the website are free of viruses, worms, Trojan horses or other code that has contaminating or destructive properties. NDI does not make any express or implied warranties, representations or endorsements whatsoever (including without limitation warranties of title, noninfringement or fitness for a particular purpose) with respect to the files available for downloading from the website. In no event will NDI be liable to you or to anyone else for any decision made or action taken by you or anyone else in reliance on results obtained from use of files downloaded from the website. These files may be downloaded and/or reprinted for personal use only. Permission to reprint or electronically reproduce any document or graphic in whole or in part for any reason except for personal use is expressly prohibited, unless prior written consent is obtained from an authorized representative of NDI.

Health Information.

Any health information on the website is provided by NDI solely for informational purposes as a public service to promote patient health and safety. It is not meant to provide medical advice tailored to any individual or entity. It does not constitute medical advice and is not intended to be a substitute for proper medical care provided by a health care professional. NDI assumes no responsibility for any circumstances arising out of the use, misuse, interpretation or application of any information supplied on the website. Under no circumstances does NDI, its staff or website, provide medical advice.  The information available through NDI’s website is solely for informational and educational purposes. Such information may be used solely at the discretion and risk of the user.

No Protected Health Information (“PHI”), as defined by Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) and Health Information Technology for Economic and Clinical Health Act (“HITECH”), shall be transmitted by you on this website or used by you in any prohibited manner.  You agree to indemnify and hold harmless NDI, its agents, officers, employees, representatives, affiliates and subsidiaries, from and against all claims and damages arising as a result of your breach or violation of the HIPAA or HITECH rules, regulations or laws.

Reverse Engineering.

You agree not to reverse engineer, modify, decompile, adapt, translate, disassemble, or otherwise attempt to discover the source code of NDI’s website.

Updates and Changes to Agreement and Policies.

By using NDI’s website, you agree to receive any applicable software updates that may be issued from time to time by NDI. You agree to accept and install such updates as part of your use of the website. NDI further reserves the right to make changes to the website and this Legal Disclaimer. NDI encourages you to review the website and these terms periodically for any updates or changes. Your continued access or use of NDI’s website shall be deemed your acceptance of these Legal Disclaimers and any changes and the reasonableness of these standards for notice of changes.

Indemnification.

You shall indemnify, defend and hold harmless NDI from and against all liability, demands, claims, suits, losses, damages, infringement of proprietary rights, causes of action, fines, or judgments (including costs, attorneys’ and witnesses’ fees, and expenses incident thereto), arising out of your failure to comply with the terms and conditions of the Agreement.

Limitation of Liability.

You agree by accessing NDI’s website that under no circumstances or any theories of liability under international or civil, common or statutory law, including but not limited to strict liability, negligence or other tort theories or contract, patent or copyright laws, will NDI be liable for damages of any kind occurring from your use of the website or any information, goods or services obtained on the website, including direct, indirect, consequential, incidental, or punitive damages, to the fullest extent permitted by law. Some jurisdictions do not allow the exclusion or limitation of certain damages so some of these limitations may not apply to you.

Minors and the Children’s Online Privacy Protection Act.

NDI’s website is not intended or directed to children under the age of 13 years old (“Minors”). Minors are not authorized to use the website and therefore NDI is not subject to the Children’s Online Privacy Protection Act.

The Digital Millennium Copyright Act.

NDI reserves the right, but not the obligation, to terminate your access to the website if it determines in its sole and absolute discretion that you are involved in infringing activity, including alleged acts of first-time or repeat infringement, regardless of whether the material or activity is ultimately determined to be infringing.  NDI and its service providers accommodate and do not interfere with standard technical measures used by copyright owners to protect materials. NDI has implemented procedures for receiving written notification of claimed infringements and for processing such claims in accordance with the Act. Our designated agent to receive notification of claimed infringement is:

Jon D. Kreucher
Howard & Howard
450 West Fourth Street
Royal Oak, MI  48067
(248) 723-0426

Any notice regarding any infringement of copyright or of other proprietary rights must include the following information:

  1. A signature of a person authorized to act on behalf of (i) the owner of an exclusive right that is allegedly infringed or (ii) the person defamed.
  2. Identification of the copyrighted work claimed to have been infringed.
  3. Identification of the material that is claimed to be infringing, or to be the subject of infringing activity, including information reasonably sufficient to permit us to locate the material.
  4. Information reasonably sufficient to permit us to contact you, such as your address, telephone number, and/or email address.
  5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright or other proprietary right owner, its agent, or the law.

International Usage.

If you choose to access NDI’s website from outside the United States, you do so on your own initiative and are responsible for compliance with U.S. and local laws, if applicable. Software is subject to United States export controls. No software may be downloaded or otherwise exported or re-exported (i) into (or to a national resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods, or (ii) to anyone on the U.S. Treasury Department list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. You represent and warrant that you are not located in, under the control of, or a national resident of any such country or on any such list. You agree to comply with U.S. export control laws and that you will not transfer any software or other content from NDI’s website to a foreign national or foreign country in violation of those laws.

Web-Enabled Mobile or Handheld Devices.

Certain web and smartphone applications of NDI’s website have been designed to run on a personal computer, standard laptop or web-enabled mobile device. If you view or use NDI’s website on a mobile or handheld device, you may experience some display and functionality limitations.  You may experience varying wireless network coverage and speed, depending on your geographic location and telecommunications provider.

If your device (whether mobile or non-mobile) uses Global Positioning System (GPS) technology, trackers, or other location tracking tools, your location information may be used for purposes of determining your location when using a function on the website that uses such information. While using NDI’s website, if you allow your location information to be obtained, NDI may use this information to return your estimated location, to provide you with more personalized results and/or services, and to improve its website. NDI will not use this information to identify you or disclose this information to any third parties.

By using the website you expressly agree and acknowledge that NDI shall not responsible for any of the following: (a) performance limitations and/or failures experienced in connection with any wireless or Wi-Fi service used to access NDI’s website; (b) data transmitted through wireless access that may be intercepted by unauthorized persons; or (c) your failure to physically secure and/or monitor your personal computer, laptop or wireless device or to protect your passwords, resulting in unauthorized access to NDI’s website.

While using any web-enabled mobile or handheld device to use the website, standard mobile phone carrier and data usage charges will apply. You expressly agree and acknowledge that the use of any mobile or handheld device is at your sole risk and shall be in accordance with all applicable local, state and federal laws.

Applicable Law.

Use of NDI’s website is governed by and construed in accordance with the laws of the State of Illinois, without giving effect to its conflict of law provisions. You agree that any legal action or proceeding between you and NDI will be brought exclusively in a federal or state court of competent jurisdiction sitting in Chicago, Illinois. If any provision of the Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the Agreement and shall not affect the validity and enforceability of any remaining provisions.