Last updated: November, 2023
Welcome to the OR Optimization informational website (the “Website”). The Website is owned and operated by Opmed Inc. (the “Company”, "we", "us" and "our").
Please carefully read the following Terms. The Terms constitute a binding agreement between you and us. By entering, visiting or by using the Website in any manner, you indicate your acceptance of these Terms. If you do not agree to these Terms, you may not access the Website or use it in any manner.
The Website provides you with details about our solutions for optimizing daily and future operating room schedules and resource allocation. It also provides general information regarding the Company business and activities.
Some sections of the Website allow you to contact us and submit inquiries or sign up to receive our newsletters and marketing communications. The Website's content is presented for informational purposes only.
When using the Website, you must refrain from –
Breaching theses Terms or any other applicable rules and instructions that we may provide;
Interfering with, burdening or disrupting the functionality of the Website;
Breaching the security of the Website or identifying any security vulnerabilities in it;
Circumventing or manipulating the operation, or functionality of the Website, or attempting to enable features or functionalities that are otherwise disabled, inaccessible or undocumented on the Website;
Using or launching any automated system to collect and compile content from the Website;
Displaying the Website or any part thereof in an exposed or concealed frame, or linking to elements or portions of the Website;
Displaying content from the Website in any way; which may alter the content or its design;
Impersonating any person or entity, or making any false statement pertaining to your identity, employment, agency or affiliation with any person or entity;
Collecting, harvesting, obtaining or processing personal information of or about other visitors of the Website;
Linking to the Website from web pages that contain pornographic content or content that is unlawful or encourages prohibited activity such as racism or wrongful discrimination.
Engaging in any activity that constitutes a criminal offense or gives rise to civil liability or violating any applicable law.
WE MAY EMPLOY TECHNOLOGICAL MEASURES TO DETECT AND PREVENT FRAUDULENT OR ABUSIVE USE OF THE WEBSITE.
The intellectual property rights associated with the Website, including copyrights, trademarks, trade names, patents, trade secrets, work methods and processes, and any other right, are the sole property of the Company or its third-party licensors. These rights apply, among others, to information, articles, images, content, graphic design, data and its processing, the Website’s “look and feel”, computer code and any other detail concerning its operation.
You are not allowed to copy, duplicate, distribute, sell, make available, market and translate any information, including trademarks, images, pictures, texts and computer code from the Website, without our explicit prior and written consent.
Trademarks featured on the Website (whether registered or not) are the sole property of the Company and/or its third-party licensors. You may not use them without our prior written consent.
The Website may contain links to content published on other websites provided by third parties. We do not operate or monitor these websites and content. You may find these websites or the information and content posted there objectionable or not compatible with your requirements. By linking to a certain website, we do not endorse, or sponsor its content, or confirm its accuracy, credibility, authenticity, reliability, validity, integrity, or legality. We assume no responsibility or liability for such third-party websites or content, or their availability, or for any transactions or dealings made between you and such third-party websites.
From time to time, we may change the Website’s structure, layout, design or display, as well as the scope and availability of the information and content therein, without prior notice. Changes of this type by their very nature may result in glitches or cause inconvenience of some kind.
YOU AGREE AND ACKNOWLEDGE THAT WE DO NOT ASSUME ANY RESPONSIBILITY WITH RESPECT TO, OR IN CONNECTION WITH THE INTRODUCTION OF SUCH CHANGES OR FROM ANY MALFUNCTIONS OR FAILURES THAT MAY RESULT THEREFROM.
The availability, quality and functionality of the Website depends on various factors, including communication networks, and the quality of broadband/cellular/Wi-Fi network connectivity, which are provided by third parties, at their responsibility. These factors are not fault-free.
WE DO NOT WARRANT THAT THE WEBSITE WILL OPERATE WITHOUT DISRUPTION, ERRORS OR INTERRUPTIONS, OR THAT IT WILL BE ACCESSIBLE, OR AVAILABLE AT ALL TIMES OR IMMUNE FROM ERRORS, GLITCHES OR UNAUTHORIZED ACCESS.
You have various ways of contacting us through the Website. However, following any such communications, we are not under any obligation to make engagements or business arrangements with you, partner with you, provide any products or services to you, engage in any present or future marketing activities or engage in any discussions or negotiations with you.
When you contact us through the website, you give us a worldwide, free, unlimited, sub-licensable license to use the information you convey to our business needs. Hence, it is advisable to refrain from sending us any information you deem to be commercially sensitive or valuable through the website.
If you are under the age of 18, you may not use the Website in any way. By using or accessing the Website, you declare that you are 18 years of age or older.
YOU ACKNOWLEDGE AND AGREE THAT THIS WEBSITE IS BEING PROVIDED FOR USE “AS IS” AND “WITH ALL FAULTS”. YOU WILL HAVE NO PLEA, CLAIM OR DEMAND AGAINST THE COMPANY OR ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS AND AGENTS (“STAFF”), IN RESPECT OF THE WEBSITE'S FEATURES, CONTENT, LIMITATIONS OR COMPATIBILITY WITH YOUR NEEDS. YOUR USE OF THE WEBSITE AND THE INFORMATION CONTAINED WITHIN THE WEBSITE, IS AT YOUR FULL AND EXCLUSIVE RISK. WE DISCLAIM ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COMPATIBILITY, SECURITY OR ACCURACY.
THE COMPANY DOES NOT WARRANT, AND HEREBY DISCLAIMS ANY WARRANTIES, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE ACCURACY, ADEQUACY OR COMPLETENESS OF THE WEBSITE, INFORMATION AND CONTENT OBTAINED FROM THE WEBSITE OR LINKS TO OTHER WEBSITES.
YOU AGREE AND ACKNOWLEDGE THAT THE USE OF THE WEBSITE IS ENTIRELY, OR AT THE MAXIMUM PERMITTED BY THE APPLICABLE LAW, AT YOUR OWN RISK. YOU HEREBY ACKNOWLEDGE AND BEAR ALL RESPONSIBILITY, RISKS, DAMAGES AND LOSS THAT MAY BE RESULTED OF USING THE WEBSITE.
ANY INFORMATION AVAILABLE ON THE WEBSITE SHOULD NOT BE CONSTRUED AS A RECOMMENDATION OR AS A PROFESSIONAL ADVICE TO MAKE A DECISION ON INVESTMENTS OR ON OTHER LEGAL MATTERS. YOU WILL BEAR FULL RESPONSIBILITY FOR ANY INVESTMENT OR OTHER DECISION MADE IN RELIANCE UPON THIS WEBSITE.
to the greatest extent permissible under applicable law, THE COMPANY, ITS EMPLOYEES, OR ANYONE ON ITS BEHALF SHALL NOT BE LIABLE TO YOU, FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, STATUTORY, INCIDENTAL OR CONSEQUENTIAL DAMAGE, OR ANY SIMILAR DAMAGE OR LOSS, INCLUDING LOSS OF PROFIT AND LOSS OF DATA, COSTS, EXPENSES AND PAYMENTS, EITHER IN TORT (including negligence), CONTRACT, OR IN ANY OTHER FORM OR THEORY OF LIABILITY, ARISING FROM, OR IN CONNECTION WITH THE WEBSITE, ITS CONTENT, THE USE OF, OR THE INABILITY TO USE THE WEBSITE, OR FROM ANY FAILURE, ERROR, OR BREAKDOWN IN THE FUNCTION OF THE WEBSITE, OR FROM ANY FAULT, OR ERROR MADE BY OUR STAFF, OR FROM YOUR RELIANCE ON CONTENT AVAILABLE ON OR THROUGH THE WEBSITE, OR FROM ANY COMMUNICATION WITH THE COMPANY, OR FROM RETENTION, DELETION, DISCLOSURE AND ANY OTHER USE OR LOSS OF CONTENT OR INFORMATION.
Regardless of your place of residence or where you access or use the Website from, these Terms and your use of the Website will be governed by and construed solely in accordance with the laws of the State of New York, excluding any otherwise applicable rules of conflict of laws, which would result in the application of the laws of a jurisdiction other than the State of New York.
ANY AND ALL DISPUTES, CLAIMS OR CONTROVERSIES BETWEEN YOU AND COMPANY REGARDING THESE TERMS OR THE USE OF THE WEBSITE, WHICH ARE NOT AMICABLY RESOLVED, SHALL BE SETTLED THROUGH BINDING ARBITRATION (RATHER THAN IN COURT) BY TELEPHONE, ONLINE OR BASED SOLELY UPON WRITTEN SUBMISSIONS WITHOUT IN-PERSON APPEARANCE, ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (AAA), UNDER ITS CONSUMER ARBITRATION RULES (WHICH ARE AVAILABLE AT WWW.ADR.ORG). THE SUBSTANTIVE LAW OF ARBITRATION SHALL BE THE LAWS OF THE STATE OF NEW YORK.
JUDGMENT ON THE AWARD RENDERED BY THE ARBITRATOR(S) MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF. HOWEVER, YOU MAY LODGE CLAIMS IN SMALL CLAIMS COURT IF YOUR CLAIM QUALIFIES. THE FEDERAL ARBITRATION ACT AND FEDERAL ARBITRATION LAW APPLY TO THESE TERMS.
THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. HOWEVER, AN ARBITRATOR CAN AWARD ON AN INDIVIDUAL BASIS THE SAME DAMAGES AND RELIEF AS A COURT (INCLUDING INJUNCTIVE AND DECLARATORY RELIEF OR STATUTORY DAMAGES), AND MUST FOLLOW THESE TERMS AS A COURT WOULD.
PAYMENT OF FILING, ADMINISTRATION AND ARBITRATOR FEES WILL BE GOVERNED BY THE AAA'S CONSUMER ARBITRATION RULES.
YOU AND THE COMPANY HEREBY ACKNOWLEDGE, AGREE AND COVENANT THAT ANY DISPUTES SHALL ONLY BE ADJUDICATED IN ARBITRATION ON AN INDIVIDUAL BASIS, AND NOT IN CLASS, COLLECTIVE, CONSOLIDATED OR REPRESENTATIVE PROCEEDINGS.
YOU MAY OPT-OUT OF THE ABOVE ARBITRATION CLAUSE BY EMAILING US TO email@example.com , WITHIN SEVEN (7) DAYS OF YOU ENTERING INTO THESE TERMS FOR THE FIRST TIME, AN OPT-OUT NOTICE THAT IDENTIFIES YOURSELF AND CLEARLY SETS OUT YOUR CHOICE TO OPT OUT OF DISPUTE RESOLUTION BY ARBITRATION. IN CASE OF SUCH OPT-OUT, ANY AND ALL DISPUTES, CLAIMS OR CONTROVERSIES BETWEEN YOU AND US REGARDING THESE TERMS OR THE USE OF THE WEBSITE, WHICH ARE NOT AMICABLY RESOLVED, SHALL BE SUBJECT TO THE EXCLUSIVE JURISDICTION AND VENUE OF THE STATE AND FEDERAL COURTS IN NEW YORK COUNTY, NEW YORK.
NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS SECTION, EITHER PARTY MAY ASSERT: (A) AN IMPLEADER CLAIM AGAINST THE OTHER PARTY IN ANY COURT OF COMPETENT JURISDICTION ADJUDICATING A THIRD PARTY CLAIM THAT IS SUBJECT TO THE INDEMNITY CLAUSE IN THESE TERMS; OR (B) A CLAIM ALLEGING INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS (INCLUDING COPYRIGHTS AND TRADE SECRETS), IN ANY COURT HAVING GENERAL OR SPECIFIC JURISDICTION OVER THE DEFENDANT.
From time to time, the Company may change these Terms. Changes will take effect 7 days after their initial posting on the Website, unless the Company amends the Terms to comply with legal requirements. In such cases, the amendments will become effective immediately upon their initial posting, or as required, at www.opmed.ai/terms-of-use.