Terms & Conditions

Terms of Use

IMPORTANT NOTE REGARDING WEBSITE CONTENT

This website is intended for a United States audience. If you live outside the U.S., you may see information on this website about products that are not available or authorized in your country.

Agreement and Terms

These website Terms of Use (“Terms”) describe the rules for using this website. These Terms constitute a legally binding agreement between you, the person using this website, and Kirt Mosier Music (“Agreement”). If you are helping another person use this website, these Terms constitute a legally binding agreement between both the helper and the person being helped and Kirt Mosier Music. Terms such as “we” or “our” and “Company” refer to Kirt Mosier Music and its affiliate entities.

By using this website, you agree to the most recent Terms as well as the most recent version of our
Privacy Policy. We may change these Terms at any time, and such changes will be posted on this or a similar page of this website and are effective when we post them. It is your responsibility to review these Terms each time you use this website. By continuing to use this website, you consent to any changes to our Terms. 

Please read these Terms carefully before you start using the website. If you do not want to agree to these Terms, then please exit the website and cease any further use or access of the website.

License to use this website and content ownership

Subject to these Terms, the Company grants you a personal, nontransferable, nonexclusive, revocable, limited license to view the Content on the website for the sole purpose of collecting information regarding Kirt Mosier Music. You may also print a reasonable number of copies of the Content for your personal use, but in such case you must reproduce all proprietary copyright and trademark notices. All rights, title and interest in and to the website, including the Content, and all intellectual property rights, including all copyright, trademark, patent and trade secret rights therein shall remain with the Company and our licensors and vendors, and no ownership interest is transferred to you or any other entity by virtue of making the Content available on the website, granting the foregoing licenses or entering into this Agreement.

In the event you choose to provide us with any feedback, suggestions, or similar communications, all such messages (collectively, “Feedback Messages”) will be considered non-personal, non-confidential (except for personal information as described in our Privacy Policy) and nonproprietary. You hereby grant the Company a perpetual, sublicensable, assignable, unrestricted, worldwide, royalty-free, irrevocable license to use, reproduce, display, perform, practice, modify, create derivative or collective works, transmit and distribute your Feedback Messages, in whole or in part, and including all intellectual property rights therein.

The Company website may include trademarks or logos belonging to other third-party licensors and are used pursuant to an agreement with such third parties.

We reserve the right to withdraw or amend this website, along with any Content we provide on the website, in our sole discretion without notice. We may terminate this license at any time for any reason. If you breach any of these Terms, your license to the Content terminates immediately. Upon the termination of this license you must stop using this website, including all Content, and return or destroy all copies, including electronic copies, of the Content in your possession or control.

Restrictions on use of this website

You agree: 

not to use this website or Content in any way not explicitly permitted by these Terms or the text of the website itself; 

not to copy, modify or create derivative works involving the Content, except you may print a reasonable number of copies for your personal use; 

not to misrepresent your identity or provide us with any false information in any information-collection portion of this website, such as an email; 

not to take any action intended to reverse engineer or interfere with the operation of this website; 

not to access or attempt to access any portion of this website to which you have not been explicitly granted access; 

not to directly or indirectly authorize anyone else to take actions prohibited in this section; 

to comply with all applicable laws and regulations while using this website or the Content. You represent and warrant that you are at least 18 years of age;

not to upload, submit or transmit any form of virus, worm, Trojan horse, or other malicious code;

not to use the website to generate unsolicited email advertisements or spam;

not to use any automatic or manual process to harvest information from the website; or

not to impersonate another user.. 


Copyright Infringement – DMCA Notice

The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under US copyright law. If you believe in good faith that content or material on this site infringes a copyright owned by you, you (or your agent) may send the Company a notice requesting that the material be removed, or access to it blocked. This request should be sent to: Kirt Mosier Music EMAIL or alternatively to: Kirt Mosier Music. ATTN: DMCA
4425 EAST COTTON CENTER BOULEVARD, PHOENIX, ARIZONA 85040

The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed; (c) identification of the material that is claimed to be infringing or the subject of infringing activity, including a description of where it is located in the website; (d) the name, address, telephone number, and email address of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. Notices and counter-notices with respect to the Site should be sent to the address above.

Changes to website content

We may change, add or remove some or all of the Content on this website at any time. In addition, please note that although our goal is to provide accurate information, certain medical device information that may be offered through this website, such as medical information blogs or other Content, may not be accurate or up to date. In addition, please note that information described in this website may change over time as permitted by law, including availability of medical devices in the United States or revocation and/or change of United States Food and Drug Administration (FDA) approval of certain medical devices and/or medical device indications.  


Kirt Mosier Music Blog:

Every effort has been made to ensure that the information provided by the Company is accurate, up-to-date, and complete, but no guarantee is made to that effect. Information contained herein may be time sensitive. All content provided on this blog is for informational purposes only and intended for individuals in the United States and the Company does not warrant the use outside the United States. The contents of this blog do not constitute medical advice. It is the responsibility of the reader to discuss any use of medical devices with a licensed United States physician.  Please visit individual medical device websites for important information about United States Food and Drug Administration (FDA) approved indications, safety and other important medical information. The information contained herein is not intended to cover all possible uses, directions, precautions, warnings, drug interactions, allergic reactions, or adverse effects of any medical device.

The Company will not be liable for any errors or omissions in this information nor for the availability of this information. The Company will not be liable for any losses, injuries, or damages from the display or use of this information 


Links

While visiting this website you may click on a link to other websites and leave this website. We provide links to other websites that may contain information that may be useful or interesting to you. We do not endorse, and are not responsible for, the content and accuracy of linked websites operated by third parties or for any of your dealings with such third parties. You are solely responsible for your dealings with such third parties and we encourage you to read the terms of use and privacy policies on such third-party websites.

NO WARRANTIES

You understand that the Company cannot and does not guarantee or warrant that files available for downloading from the internet or the website will be fee of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirement for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of lost data. 

THE WEBSITE AND ALL CONTENT ON THIS WEBSITE IS PROVIDED TO YOU ON AN “AS IS”, “AS AVAILABLE” BASIS. THE COMPANY, ALL THIRD PARTIES, IF ANY, PROVIDING CONTENT FOR THIS WEBSITE, AND ALL THIRD PARTIES PROVIDING SUPPORT OR INFORMATION FOR THIS WEBSITE (COLLECTIVELY, “WEBSITE-RELATED-PARTIES”) HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

THE WEBSITE-RELATED-PARTIES MAKE NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, CURRENCY, SECIROTY, OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH THIS WEBSITE. WITHOUT LIMITING THE FOREGOING, THE WEBSITE-RELATED-PARTIES SPECIFICALLY DO NOT REPRESENT OR WARRANT THAT ANY INFORMATION REGARDING A MEDICAL DEVICE IS ACCURATE OR COMPLETE. THE WEBSITE-RELATED-PARTIES MAKE NO REPRESENTATIONS OR WARRANTIES THAT USE OF THIS WEBSITE OR ITS CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ARE RESPONSIBLE FOR TAKING ALL PRECAUTIONS NECESSARY TO ENSURE THAT ANY CONTENT YOU MAY OBTAIN FROM THIS WEBSITE IS FREE OF VIRUSES AND ANY OTHER POTENTIALLY DESTRUCTIVE COMPUTER CODE.

Some states do not allow limitations on implied warranties, so one or more of the above limitations may not apply to you.

LIMITATION OF LIABILITY

THE COMPANY WILL NOT BE LABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGFRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR TO YOUR DOWNLOADING OF ANY CONTENT POSTED ON, OR ON ANY WEBSITE LINKED TO IT. YOUR USE OF THE WEBSITE AND ITS CONTENT AND ANY ITEMS OBTAINED THROUGHT THE WEBSITE IS AT YOUR OWN RISK.

YOU AGREE THAT NONE OF THE WEBSITE-RELATED-PARTIES SHALL BE LIABLE FOR ANY DAMAGE RESULTING FROM YOUR USE OR INABILITY TO USE THIS WEBSITE OR THE CONTENT. THIS PROTECTION COVERS CLAIMS BASED ON WARRANTY, CONTRACT, TORT, STRICT LIABILITY, AND ANY OTHER LEGAL THEORY EVEN IF FORESEEABLE OR IF THE WEBSITE-RELATED-PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS PROTECTION COVERS THE WEBSITE-RELATED-PARTIES, INCLUDING ALL AFFILIATES, AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS. THIS PROTECTION COVERS ALL LOSSES INCLUDING, WITHOUT LIMITATION, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, AND PUNITIVE DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, LOST REVENUE OR PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION. THE TOTAL, CUMULATIVE, LIABILITY OF THE WEBSITE-RELATED-PARTIES, INCLUDING ALL AFFILIATES, AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS, IF ANY, FOR LOSSES OR DAMAGES SHALL BE LIMITED TO THE AMOUNT OF YOUR ACTUAL DAMAGES, NOT TO EXCEED U.S. $100.00. THE LIMIT OF LIABILITY MAY NOT BE EFFECTIVE IN SOME STATES. IN NO EVENT SHALL THE WEBSITE-RELATED-PARTIES, INCLUDING ALL AFFILIATES, AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS, BE LIABLE TO YOU FOR ANY LOSSES OR DAMAGES OTHER THAN THE AMOUNT DESCRIBED ABOVE. YOU AGREE THAT YOU USE THIS SITE AT YOUR OWN RISK. IF YOU ARE DISSATISFIED WITH THIS WEBSITE OR THE CONTENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE.

Governing law and statute of limitations

The laws of the
State of Arizona govern these Terms and any cause of action arising under or relating to your use of the website, without reference to its choice-of-law principles. You agree that the only proper jurisdiction and venue for any dispute with the Company, or in any way relating to your use of this website, is in the state and federal courts in the State of Arizona, U.S.A. You further agree and consent to the exercise of personal jurisdiction in these courts in connection with any dispute involving the Company or its employees, officers, directors, agents and providers.

Before seeking legal recourse for any harm you believe you have suffered arising from or related to your use of this website, you agree to inform us in writing and to give us 30 days to cure the harm before initiating any action. You must initiate any cause of action within one year after the claim has arisen, or you will be barred from pursuing any cause of action.

Contact us

To contact us regarding these Terms or the operation of the
website itself, visit the Contact Us page.

Effective date

The Effective Date of these Terms is July 1, 2015.

Additional terms

Your obligations under the following sections survive termination of this Agreement: Important Note Regarding Website Content; Agreement and Terms; portions of License to use this website and content ownership; Restrictions on use of this website; comments or content; Copyright Infringement – DMCA Notice; Changes to website content; Links; NO WARRANTIES; LIMITATION OF LIABILITY; Governing law and statute of limitations; Additional terms. These Terms constitute the entire agreement between you and the Company with respect to your rights to access and use the website. You agree that no joint venture, partnership, employment or agency relationship exists between you and the Company as a result of these Terms or your use of and access to the website. If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver by the Company under these Terms shall be valid or binding unless set forth in writing and duly executed by the Company. No waiver of any of these Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition. Any delay or forbearance by the Company in exercising any right hereunder shall not be deemed a waiver of that right. You agree to defend, indemnify, and hold harmless Website-Related-Parties and their subsidiaries, affiliates, officers, directors, employees, contractors and agents, from any claim, demand, or damage, including reasonable attorneys' fees, arising out of or related to your breach of this Agreement or your use or misuse of the Content or website. The Company reserves the right, at its expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you in which event you will cooperate with the Company in asserting any available defenses. You may not transfer or assign or sublicense any rights or obligations under this Agreement. The Company may transfer or assign or sublicense its rights and obligations under this Agreement.