Secure Care Products, Inc.

Web Site

TERMS AND CONDITIONS OF USE

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY.  THESE TERMS AND CONDITIONS OF USE MAY HAVE CHANGED SINCE YOUR LAST VISIT TO THIS WEB SITE.  IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS OF USE, YOU ARE NOT PERMITTED TO USE THIS WEB SITE.  BY USING THIS WEB SITE, YOU SIGNIFY YOUR ACCEPTANCE OF ALL THESE TERMS AND CONDITIONS OF USE.

Secure Care Products, Inc. ("Secure Care") maintains this web site as a service to its customers, potential customers, distributors and other interested persons.  Please visit us frequently, browse our pages, and download documents, subject to these Terms and Conditions of Use.

1. Copyright and Trademark Information

Copyright (c) 2000 Secure Care Products, Inc.  All rights reserved.

The following are trademarks or service marks of Secure Care Products, Inc.:

All other product names are trademarks or service marks of their respective owners. 

2. Property of Secure Care

This web site, and the information which it contains, is the property of Secure Care and is protected from unauthorized copying and dissemination by United States copyright and trademark laws, international conventions and other intellectual property laws.  By way of example only, and not as a limitation, "KinderGUARD®" is a registered trademark.

3.  Alteration of this Web Site; Indemnification of Secure Care

A.                  Secure Care may alter (including, but not limited to, making changes to document names, content and product specifications), suspend, or discontinue this web site at any time, for any reason, without notice or liability to anyone.  This web site may become unavailable as a result of problems with computer equipment or software or for other reasons.

B.                   You agree to indemnify and hold Secure Care harmless from all claims, costs, damages and liabilities (and all expenses and costs incurred in connection therewith) asserted by anyone based on your use of this web site.

4.   Restriction on Use

No part of this web site may be reproduced or transmitted, in any form or by any means (including electronic or mechanical or by photocopying or recording), with the exception that you are specifically authorized to view, copy, download, and print any Secure Care documents ("Copy"), subject to the following conditions:

A.                  Copies may be used solely for noncommercial, informational purposes;

B.                   Copies may not be modified; and

C.                  No copyright, trademark, service mark or other proprietary notice which appears on any document as displayed may be removed from any Copy.

In an effort to protect the rights of other copyright, trademark and service mark owners, Secure Care maintains a policy of terminating, in appropriate circumstances, access by users who violate this Section 4.

5.  No Implied License or Rights

Except as expressly permitted by these Terms and Conditions of Use, nothing contained in this web site may be construed as granting, by implication or otherwise, any license or right to use this web site, any documents displayed on this web site or any Copies of such documents, without the prior written approval of Secure Care and of any third party whose copyrighted, trademarked, or service marked material is included in the portion of this web site or the documents which are sought to be used.

6.  Accuracy of Content and Future Modifications to Web Site

Secure Care believes that the information on this web site is accurate when first included by Secure Care.  However, Secure Care makes no representation or warranty, express or implied, and undertakes no obligation to assure, that the information on this web site is accurate, does not contain technical or typographical errors, or is current or up to date at the time of viewing.

7.  Claims of Infringement

If you believe that any materials which are accessible on or from this web site infringe your copyright, trademark, or service mark or any other intellectual property rights, you may request that those materials or access to any of them be removed from this web site, by taking the following steps: 

A.                  Send a written request to Secure Care's Agent for Intellectual Property Issues identified in Section 8 below, in accordance with the notice provisions of Section 9 below.  Please note that requests submitted by e-mail can not be considered.

B.                   Describe the copyright, trademark, service mark, or other intellectual property right that you believe is being infringed and provide a copy or any other information (e.g., URL) that will allow Secure Care’s Agent for Intellectual Property Issues to locate an authorized version of it;

C.                  Identify the material that you believe infringes that copyright, trademark, service mark, or other intellectual property right by providing a copy or any other information (e.g., URL) that will allow Secure Care’s Agent for Intellectual Property Issues to locate it;

D.                  Include your name, address, telephone number and other contact information; and

E.                   Include a signed statement that you are either the owner or the authorized agent of the owner of the copyright, trademark, service mark, or other intellectual property right that you believe is being infringed, that you have a good faith belief that the use is not authorized and that the information and claims are submitted "under penalties of perjury." 

8.  Secure Care's Agent for Intellectual Property Issues:

Secure Care's Agent for Intellectual Property Issues relating to this web site is:

Hayes Soloway, Norman P. Soloway, 130 West Cushing Street, Tucson, AZ  85701
                520-882-7623 Phone 520-882-7973 Fax

9.  Notices

All notices and communications required or permitted to be provided under these Terms and Conditions of Use shall either be delivered personally, sent by reputable overnight delivery service (such as Federal Express or DHL) or sent by telecopy, with confirmation of receipt, to the following:

A.                  To Secure Care at:

Secure Care Products, Inc.
39 Chenell Drive
Concord, NH  03301-8501
(603) 227-0200 (fax)

B.                   In responding to a request under Section 7 above, Secure Care shall use the address and contact information provided under Section 7.D above.

Notices shall be deemed to be received on the date of personal delivery, one day after deposit with a reputable overnight delivery service or, if sent by telecopier, upon return of confirmation of receipt. 

10. Availability of Products and Services Mentioned

This web site may contain references to products or services that are either not available or are not approved for sale or delivery by the appropriate regulatory authorities in your location.  References to such products or services on this web site is not intended to suggest that such products or services are or will be available in your location.  Please consult an authorized Secure Care Distributor to determine which products and services are available in your location.

Secure Care makes no representation that information on this web site is appropriate for access or use outside the United States.  Any person who obtains access to or uses this web site outside the United States does so on his own initiative and is responsible for compliance with any laws that apply to such access or use.

11.  No Warranties

THE INFORMATION AND DOCUMENTS, INCLUDING PRODUCT SPECIFICATIONS, PROVIDED ON THIS WEB SITE ARE PROVIDED "AS IS." SPECIFICALLY, BUT WITHOUT LIMITATION, SECURE CARE DOES NOT WARRANT THAT:  (A) ANY INFORMATION OR DOCUMENTS PROVIDED ON THIS WEB SITE IS CORRECT, ACCURATE, RELIABLE OR COMPLETE; (B) THE FUNCTIONS CONTAINED ON THIS WEB SITE WILL BE UNINTERRUPTED OR ERROR‑FREE; (C) ANY INCORRECTNESS, INACCURACY, UNRELIABILITY OR INCOMPLETENESS OF INFORMATION OR DOCUMENTS OR INTERRUPTION OR ERROR IN FUNCTIONS ON THIS WEB SITE WILL BE REMEDIED; OR (D) THIS WEB SITE OR THE SERVER(S) THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

It is your sole responsibility to take steps to protect yourself against any viruses or other harmful components that may be present or communicated through this web site.

12. Limitations of Liability

REGARDLESS OF THE FORM OF ANY CLAIM OR ACTION, SECURE CARE SHALL NOT BE LIABLE TO ANY PERSONS, WHETHER SINGLY OR TOGETHER, FOR CLAIMS, COSTS, DAMAGES OR LIABILITIES BASED ON ANY CAUSE WHATSOEVER AND ARISING FROM OR IN CONNECTION WITH THE USE OR INABILITY TO USE THIS WEB SITE OR THE SUBSTANCE OF ANY INFORMATION OR DOCUMENTS CONTAINED IN OR ACCESSED THROUGH THIS WEB SITE.  IN NO EVENT SHALL SECURE CARE BE LIABLE TO ANYONE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, MULTIPLE OR OTHER DAMAGES ARISING FROM OR IN CONNECTION WITH THE USE OR INABILITY TO USE THIS WEB SITE OR THE SUBSTANCE OF ANY INFORMATION OR DOCUMENTS CONTAINED IN OR ACCESSED THROUGH THIS WEB SITE.

13. Links to Third-Party Web Sites

This web site may contain links to web sites which are established or maintained by persons or organizations which are not part of or controlled by Secure Care.  Secure Care undertakes no responsibility to identify which links connect to web sites established or controlled by Secure Care and which connect to web sites established or controlled by other persons, and you should assume that any linked web site is not established or controlled by Secure Care.  Links to other web sites are provided as a convenience, and Secure Care is not responsible for the content of any such web site and does not endorse or accept any responsibility for the content or use of such web site.

14. No Implied Endorsements

Reference to any third party or to any third party's product or service on this web site may not be construed as an approval or endorsement by Secure Care of that third party or of its product or service.

15. Governing Law

These Terms and Conditions of Use, and all questions arising out of or relating to them, shall be governed by and construed in accordance with the laws of the State of New Hampshire, United States of America, without giving effect to the conflict of laws provisions thereof.

16. Arbitration

Any dispute, controversy or claim arising out of or relating to the use of this web site or these Terms and Conditions of Use shall be resolved by arbitration.  Regardless of the amount in dispute, the arbitration shall be conducted by a single arbitrator selected by the parties or, if they cannot agree, by a single arbitrator selected in accordance with the Commercial Arbitration Rules of the American Arbitration Association without regard to the amount in dispute.  The arbitration shall be conducted in English, in accordance with the Commercial Arbitration Rules of the American Arbitration Association, in Concord, New Hampshire.  The decision of the arbitrator shall be binding and enforceable by any state or federal court in New Hampshire, and you hereby consent to the personal jurisdiction of any state or federal court in New Hampshire for that purpose.  The expense of the arbitration (excluding each party's own attorneys' fees, costs and related expenses) shall initially be paid in equal shares by each side, but the total of such expenses plus any award of attorneys' fees, expenses and costs shall finally be paid by the parties as the arbitrator determines.  Nothing in this Section 16 shall preclude Secure Care from seeking provisional or equitable relief from any appropriate court to protect its rights prior to, pending or in the absence of such arbitration proceedings.

17. Severability

The invalidity or unenforceability of any provision of these Terms and Conditions of Use shall not affect the validity or enforceability of any other provision of these Terms and Conditions of Use.

18. Entire Agreement

These Terms and Conditions of Use constitute the entire Agreement between you and Secure Care with respect to the use of this web site and supersede all previous and contemporaneous representations, negotiations, writings and understandings, if any, relating to such subject matter.  These Terms and Conditions of Use may not be amended or modified except by Secure Care posting a change to this web site.

Copyright (c) 2000, Secure Care Products, Inc.  All Rights Reserved.