TERMS OF USE

The following are terms of a legal agreement between you and Absolute Medical Services (AMS).

By accessing, browsing or using this Web site, you acknowledge that you have read, understood, and agree to be bound by these terms and to comply with all applicable laws and regulations, including export and re-export control laws and regulations. If you do not agree to these terms, please do not use this Web site.

Absolute Medical Services may, without notice to you, at any time revise these Terms of Use and any other information contained in this Web site by updating this posting. Absolute Medical Services may also make improvements and/or changes in the products or services described in this site at any time without notice.

This web site contains proprietary notices and copyright information, the terms of which must be observed and followed.

This site and all content in this site may not be copied, reproduced, republished, uploaded, posted, transmitted, distributed, or used for the creation of derivative works without Absolute Medical Services's prior written consent, except that Absolute Medical Services grants you non-exclusive, non-transferable, limited permission to access and display the Web pages within this site, solely on your computer and for your personal, non-commercial use of this Web site. This permission is conditioned on your not modifying the content displayed on this site, your keeping intact all copyright, trademark and other proprietary notices, and your acceptance of any terms, conditions and notices accompanying the content or otherwise set forth in this site. Notwithstanding the foregoing, any software and other materials that are made available for downloading, access or other use from this site with their own license terms, conditions, and notices will be governed by such terms, conditions and notices.

Your failure to comply with the terms, conditions and notices on this site will result in automatic termination of any rights granted to you, without prior notice, and you must immediately destroy all copies of downloaded materials in your possession or control. Except for the limited permission in the preceding paragraph, Absolute Medical Services does not grant you any express or implied rights or licenses under any patents, trademarks, copyrights, or other proprietary or intellectual property rights. You may not mirror any of the content from this site on another Web site or in any other media.

Information on this Web site is not promised or guaranteed to be correct, current, or complete, and this site may contain technical inaccuracies or typographical errors. Absolute Medical Services assumes no responsibility (and expressly disclaims responsibility) for updating this site to keep information current or to ensure the accuracy or completeness of any posted information. Accordingly, you should confirm the accuracy and completeness of all posted information before making any decision related to any services, products or other matters described in this site.

Absolute Medical Services provides no assurances that any reported problems will be resolved by Absolute Medical Services, even if Absolute Medical Services elects to provide information with the goal of addressing a problem.

Absolute Medical Services does not want to receive confidential or proprietary information from you through our Web site. Please note that any information or material sent to Absolute Medical Services will be deemed NOT to be confidential. By sending Absolute Medical Services any information or material, you grant Absolute Medical Services an unrestricted, irrevocable license to copy, reproduce, publish, upload, post, transmit, distribute, publicly display, perform, modify, and create derivative works from, and otherwise freely use, those materials or information.

You also agree that Absolute Medical Services is free to use any ideas, concepts, know-how or techniques that you send us for any purpose. However, we will not release your name or otherwise publicize the fact that you submitted materials or other information to us unless: (a) we obtain your permission to use your name; or (b) we first notify you that the materials or other information you submit to a particular part of this site will be published or otherwise used with your name on it; or (c) we are required to do so by law. Personally-identifiable information that you submit toAbsolute Medical Services for the purpose of receiving products or services will be handled in accordance with our privacy policies. Please see the tab entitled “Privacy” for information regarding Absolute Medical Services’s privacy policies.

This Web site may provide links or references to non-Absolute Medical Services Web sites and resources. Absolute Medical Services makes no representations, warranties or other commitments whatsoever about any non-Absolute Medical Services Web sites or third-party resources that may be referenced, accessible from or linked to any Absolute Medical Services site. A link to a non-Absolute Medical Services Web site does not mean that Absolute Medical Services endorses the content or use of such Web site or its owner.

In addition, Absolute Medical Services is not a party to or responsible for any transactions you may enter into with third parties, even if you learn of such parties (or use a link to such parties) from an Absolute Medical Services site. Accordingly, you acknowledge and agree that Absolute Medical Services is not responsible for the availability of such external sites or resources, and is not responsible or liable for any content, services, products, or other materials on or available from those sites or resources.

When you access a non-Absolute Medical Services Web site, even one that may contain the Tuggerah Absolute Medical Services-logo, please understand that it is independent from Absolute Medical Services, and that Absolute Medical Services does not control the content on that Web site. It is up to you to take precautions to protect yourself from viruses, worms, trojan horses and other potentially destructive programs, and to protect your information as you deem appropriate.

All links to this Web site must be approved in writing by Absolute Medical Services, except that Absolute Medical Services consents to links in which the link and the pages that are activated by the link do not (1) create frames around any page on this Web site or use other techniques that alter in any way the visual presentation or appearance of any content within this site; (2) misrepresent your relationship with Absolute Medical Services; (3) imply that Absolute Medical Services approves or endorses you, your Web site or your service or product offerings; and (4) present false or misleading impressions about Absolute Medical Services or otherwise damage the goodwill associated with the Absolute Medical Services name and/or trademarks. As a further condition to being permitted to link to this site, you agree that Absolute Medical Services may at any time, in its sole discretion, terminate permission to link to this Web site. In such event, you agree to immediately remove all links to this Web site and to cease using any Absolute Medical Services trademark.

Certain text in this Web site may be made available in languages other than English. Text may be translated solely by computer software with no human intervention or review. These translations are provided as a convenience to you, and Absolute Medical Services makes no representations or commitments regarding the accuracy or completeness of the translation, whether or not computer-generated or performed by a person. Please see the below Disclaimer of Warranty for additional conditions.

DISCLAIMER OF WARRANTY
USE OF THIS SITE IS AT YOUR SOLE RISK. ALL MATERIALS, INFORMATION, PRODUCTS AND SERVICES ARE PROVIDED "AS IS," WITH NO WARRANTIES OR GUARANTEES WHATSOEVER. ABSOLUTE MEDICAL SERVICES EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, STATUTORY AND OTHER WARRANTIES, GUARANTEES, OR REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY AND INTELLECTUAL PROPERTY RIGHTS. WITHOUT LIMITATION, ABSOLUTE MEDICAL SERVICES MAKES NO WARRANTY OR GUARANTEE THAT THIS WEB SITE WILL BE UNITERRUPTED, TIMELY, SECURE OR ERROR-FREE.

YOU UNDERSTAND AND AGREE THAT IF YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIALS, INFORMATION, PRODUCTS, SOFTWARE, PROGRAMS, AND SERVICES, YOU DO SO AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES THAT MAY RESULT, INCLUDING LOSS OF DATA OR DAMAGE TO YOUR COMPUTER SYSTEM.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY
IN NO EVENT WILL ABSOLUTE MEDICAL SERVICES BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY TYPE WHATSOEVER RELATED TO OR ARISING FROM THIS WEB SITE OR ANY USE OF THIS WEB SITE, OR OF ANY SITE OR RESOURCE LINKED TO, REFERENCED OR ACCESSED THROUGH THIS WEB SITE, OR FOR THE USE OR DOWLOADING OF, OR ACCESS TO, ANY MATERIALS, INFORMATION, PRODUCTS, AND SERVICES, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOST SAVINGS, LOSS OF PROGRAMS OR OTHER DATA, EVEN IF ABSOLUTE MEDICAL SERVICES IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION AND WAIVER OF LIABILITY APPLIES TO ALL CAUSES OF ACTION, WHETHER BASED ON CONTRACT, WARRANTY, TORT OR ANY OTHER LEGAL THEORIES.

Additional or different terms, conditions and notices may apply to specific materials, information, products, software and services offered through this web site. In the event of any conflict, such additional or different terms, conditions and notices will prevail over these Terms of Use.