General Disclaimers. YOU ACKNOWLEDGE THAT YOUR USE OF THE RISING SERVICES IS AT YOUR SOLE RISK, AND THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL RISK ASSOCIATED THEREWITH. ALL INFORMATION, PRODUCTS OR SERVICES CONTAINED ON OR PROVIDED THROUGH THIS WEB SITE ARE PROVIDED "AS IS" WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW RISING AND ITS SHAREHOLDERS, AFFILIATES, DIRECTORS, OFFICERS, MANAGERS, EMPLOYEES OR OTHER REPRESENTATIVES (COLLECTIVELY, "AFFILIATES") HEREBY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND FREEDOM FROM COMPUTER VIRUS STRAINS. WITHOUT LIMITING THE FOREGOING, RISING AND ITS AFFILIATES MAKE NO WARRANTY AS TO THE RELIABILITY, ACCURACY, TIMELINESS, USEFULNESS, ADEQUACY, COMPLETENESS OR SUITABILITY OF THE RISING PRODUCTS AND SERVICES PROVIDED HEREUNDER.Limitation of Liability.
IN NO EVENT SHALL RISING NOR ANY OF ITS AFFILIATES BE LIABLE FOR ANY DIRECT DAMAGES IN EXCESS OF (i) THE PURCHASE PRICE FOR THE PRODUCT, OR (ii) IN THE EVENT NO PURCHASE PRICE WAS PAID OR REQUIRED, $1,000. IN ADDITION, TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL RISING NOR ANY OF ITS AFFILIATES BE LIABLE FOR ANY SPECIAL, PUNITIVE, INDIRECT, INCIDENTIAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, WRONGFUL DEATH, LOSS OF USE, LOSS OF PROFITS, INTERRUPTION OF SERVICE OR LOSS OF DATA, WHETHER IN ANY ACTION IN WARRANTY, CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO NEGLIGENCE OR FUNDAMENTAL BREACH), OR OTHERWISE ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF, OR THE INABILITY TO USE, THIS WEB SITE OR ANY SERVICE OFFERED THROUGH THIS WEB SITE OR ANY MATERIAL OR INFORMATION CONTAINED IN, ACCESSED THROUGH, OR PRODUCTS PURCHASED ON THIS WEB SITE, EVEN IF AN AUTHORIZED REPRESENTATIVE OF RISING IS ADVISED OF THE LIKELIHOOD OR POSSIBILITY OF THE SAME. TO THE EXTENT CERTAIN JURSIDICTIONS RESTRICT ANY OF THE ABOVE LIMITATIONS OF LIABILITY, SUCH LIMITATIONS SHALL NOT APPLY IN SUCH JURISDICTIONS TO THE EXTENT OF SUCH RESTRICTIONS.3. Privacy:
Third Party Sites. Although the RISING may include links providing direct access to third-party Internet sites as a convenience, the inclusion of a link does not imply endorsement of the linked site by RISING. RISING takes no responsibility for the content or information contained on those other sites, and does not exert any editorial or other control over those other sites. Nor does RISING take responsibility for the privacy policies and practices of these third-party links.5. Operation and Record Retention:
RISING reserves complete and sole discretion with respect to the operation of the RISING Services. RISING may, among other things withdraw, suspend or discontinue any functionality or feature of the RISING Services. RISING is not responsible for transmission errors or corruption or compromise of data carried over local or interchange telecommunication carriers. RISING is not responsible for maintaining data arising from use of the RISING Services. RISING reserves the right to maintain, delete or destroy all communications and materials posted or uploaded to the RISING Service pursuant to its internal record retention and/or destruction policies. A copy of RISING’s record retention and destruction policies are available upon written request.6. Limitations on Use:
You agree not to access or use the RISING Services in an unlawful way or for any unlawful purpose. You shall send e-mails to other parties solely for personal communication and no other purposes, including commercial purposes, or for mass distributions of unsolicited e-mails. You agree not to post or transmit: (a) a message under a false name; or (b) any information which (i) is libelous, defamatory, obscene, fraudulent, false or contrary to the ownership or intellectual property rights of any other person, or (ii) contains any virus, worm, Trojan horse or other code which is contaminating or destructive to the files or programs of RISING or any of its users. RISING reserves the right to delete any information provided by you that it deems in its sole discretion fraudulent, abusive, defamatory, obscene or in violation of a copyright, trademark or other intellectual property or ownership right of any other person.7. Indemnity:
The indemnification provisions set forth above and the provisions under Section 3 Legal Notices and Disclaimers are for the benefit of RISING, its Affiliates and RISING Payors. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.Term and Termination:
RISING may provide notice by e-mail to the e-mail address you provided RISING in registration, by a general notice on the RISING Web site, or by written communication delivered by first class U. S. mail or express courier to your address on record in the RISING Services account information. You may give notice to RISING at any time via electronic mail to support@RISINGMS.com or by letter delivered by first class postage prepaid U. S. mail or overnight courier to RISING MEDICAL SOLUTIONS, 325 N. LaSalle St, Suite 475, Chicago, IL 60654 Attn: Chief Executive Officer.Severability: