Disclaimer. By using the CareFusion.com web site, including any software and content contained therein, you agree that the use of the Site is entirely at your own risk. THE SITE IS PROVIDED AS IS WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION (1) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION, PRODUCTS OR SERVICES AND (2) ANY WARRANTIES OF TITLE, WARRANTY OF NON-INFRINGEMENT, WARRANTIES OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER OF LIABILITY APPLIES TO DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN TRANSMISSION, COMMUNICATION LINE FAILURE, COMPUTER VIRUS WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.
NEITHER CAREFUSION NOR ANY OF ITS EMPLOYEES, AGENTS, SUCCESSORS, ASSIGNS, AFFILIATES, CONTENT OR SERVICE PROVIDERS SHALL BE LIABLE TO YOU OR OTHER THIRD PARTY FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES ARISING OUT OF USERS ACCESS, USE, OR INABILITY TO USE THE CAREFUSION WEB SITE OR ANY WEB SITES LINKED TO THIS SITE, OR ANY ERRORS OR OMISSIONS IN THE CONTENT OF ANY OR ALL SUCH SITES OR OUT OF ANY BREACH OF ANY WARRANTY. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, THE RESPECTIVE LIABILITY OF CAREFUSION, ITS EMPLOYEES, AGENTS, SUCCESSORS, ASSIGNS, AFFILIATES, AND CONTENT OR SERVICE PROVIDERS IS LIMITED TO THE GREATEST EXTENT PERMITTED BY SUCH STATE LAW.
CareFusion reserves the right to change any information, materials and services at this Site at any time without prior notice. The materials and services at this Site may be out of date and CareFusion makes no commitment to update the materials and services at this Site. Information published at this Site may refer to products, programs or services that are not available in your country. Consult your local CareFusion business contact for information regarding the products, programs and services that may be available to you. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
Applicable Laws. This Site is administered by CareFusion from its offices in San Diego, California and this Site and these Terms (including without limitation the validity, construction and performance of duties related to the Terms) will be governed by and construed in accordance with the laws of the United States of America and more particularly the laws of the State of California without giving effect to any principles of conflicts of laws. CareFusion makes no representation that materials or services at this Site are appropriate or available for use outside the United States, and access to them from territories where their contents are illegal is prohibited. You may not use or export or re-export the materials or services at this Site or any copy or adaptation in violation of any applicable laws or regulations including without limitation U.S. export laws and regulations. If you choose to access this Site from outside the United States, you do so on your own initiative and are responsible for compliance with applicable local laws. You agree that any cause of action or claim that you may have relating to this Site must be made or instituted within one year of when the cause of action or claim accrued.
Note: Anyone linking to CareFusion's Web site must comply with the Guidelines for Linking to CareFusion's Web Site (below) and all applicable state, federal, local and international laws. We regard the use of our registered and unregistered trademarks and service marks in meta tags and/or hidden text as trademark infringement, and treat the use of these terms in page text, meta tags, and/or hidden text for purposes of gaining higher rankings from search engines as unfair competition.
General. CareFusion may revise these Terms at any time by updating this posting. You should visit this page from time to time to review the then-current Terms because they are binding on you. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages at this Site.
Revised November 2009
Guidelines for Linking to CareFusion's Web Site
If you link to CareFusion's web site, you agree that you at all times may link to, but not replicate, CareFusion content. In addition you shall not:
- frame or otherwise create a browser or border environment around CareFusion content; or
- imply that CareFusion is endorsing you or your products; or
- misrepresent your or your sites relationship with CareFusion; or
- present false, misleading or inaccurate information about CareFusion or CareFusion's products or services on your site or otherwise; or
- use the CareFusion logo without express prior written permission from CareFusion; or
- include content on your site that is or could be construed as illegal, distasteful, offensive or controversial, and shall include on your site only content that is appropriate for all age groups; or
- link to an internal or subsidiary page of CareFusion's web site that is located one or several levels down from the home page or bring up or present content of this site on another site without CareFusion's prior written permission; or
- post or transmit any information or software which contains a virus, trojan horse, worm or other harmful component; or
- post, publish, transmit, reproduce, distribute or in any way exploit any information, software or other material obtained through the Site for commercial purposes (other than as expressly permitted by the provider of such information, software or other material); or
- upload, post, publish, transmit, reproduce, or distribute in any way, information, software or other material obtained through the Site which is protected by copyright, or other proprietary right, or derivative works with respect thereto, without obtaining permission of the copyright owner or rightholder; or
- upload, post, publish, reproduce, transmit or distribute in any way any component of the Site itself or derivative works with respect thereto, as the Site is copyrighted as a collective work under U.S. copyright laws.