Welcome to the Pediatric Emergency Standards, Inc. (dba as Handtevy) website (“Site”). Please read the following terms and conditions (“Terms and Conditions of Use”) carefully before using this Site. By accessing or using this Site, you agree to the following Terms and Conditions which shall constitute a legally binding agreement between you and Pediatric Emergency Standards, Inc. You should review these terms and conditions regularly as they may change at any time at our sole discretion. If you do not agree to any term or condition, you should not access or otherwise use this Site. In connection with your use of and/or access to Content contained in certain areas of this Site, it may be necessary for you to consent to policies or other terms and conditions in addition to the Terms set forth herein.
- 1. Website Use
a. Eligibility: You must be at least 18 years old to access or use the Site. By accessing or using the Site, you represent and warrant that you are 18 years of age or older.
b. Limited License: Pediatric Emergency Standards grants you a limited, non-exclusive, non-transferable, and revocable license to access and use the Site for personal or non-commercial purposes, subject to these Terms.
c. User Content: You may have the opportunity to post, submit, or otherwise transmit content on the Site, including text, images, videos, or other materials (“User Content”). You retain ownership of your User Content, and by posting or submitting it, you grant Pediatric Emergency Standards a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, distribute, display, and perform your User Content for the purposes of operating and providing the Site.
d. Prohibited Conduct: You agree not to engage in any conduct that may disrupt or interfere with the proper functioning of the Site or violate any applicable laws or regulations. This includes, but is not limited to, engaging in unauthorized access, distribution of malware, spamming, or any other activity that could harm Pediatric Emergency Standards or its users.
- 2. Ownership and Restrictions:
a. Intellectual Property: The trademarks, service marks, trade names, and logos (“Marks”) displayed on our Site are our registered and unregistered trademarks or those of our licensors. Unless expressly permitted by our Terms, you are prohibited from using, reproducing, modifying, distributing, or displaying any Marks or Content. This includes employing metatags, hidden text, inline, framing, or framing techniques without our direct written consent. The compilation of all Content is our exclusive property and protected by international copyright laws. Unauthorized use may violate copyright and other intellectual property laws, and we enforce our rights vigorously. No use of the “Pediatric Emergency Standards” or “Handtevy” name, logos, or Marks is allowed in any context without our prior written permission.
- 3. Privacy
- 4. Disclaimer of Warranties
a. The content, software, and functions accessible on or through our Site are provided on an “as available” and “as is, where is” basis. To the maximum extent permitted by law, neither we nor our subsidiaries and affiliates offer any assurances or warranties regarding the content, software, or functions accessed through our Site. This extends to any products or services, links to third parties, or any security breach related to transmitting sensitive data through our Site or any associated site. We disclaim all express or implied warranties, including, but not limited to, noninfringement, quiet enjoyment, information quality, merchantability, or suitability for a specific use. This encompasses any data or profit loss resulting from or inability to use our Site’s content, even if our representative has been notified of potential damages. We do not guarantee that the content, software, or functions of our site will operate without interruption or errors, that issues will be resolved, or that our site or its host server is free from viruses or other detrimental elements.
b. Limitation of Liability: WE, AND OUR SUBSIDIARIES AND AFFILIATES, SHALL NOT BE ACCOUNTABLE FOR DIRECT, INDIRECT, PUNITIVE, OR SPECIFIC DAMAGES STEMMING FROM YOUR USE OF THE SITE. Some regions prohibit excluding or limiting liability for incidental or consequential damages. In such places, our liability is restricted to the fullest extent allowed by the law.
- 5. Indemnification and Defense
a. Obligation: You agree to indemnify, defend, and hold harmless us, our suppliers, affiliates, and our respective officers, directors, owners, agents, employees, information providers, licensors, and licensees (referred to as the “Indemnified Parties”) from any liability, costs, including attorneys’ fees incurred by the Indemnified Parties, related to any claims resulting from your use of our Site, any breach of these Terms and Conditions by you, or any securities purchase by you. This includes liabilities linked to federal or state securities law violations. If, for any reason, the indemnity in this section is deemed insufficient or unavailable, you commit to contributing to the total losses, claims, and liabilities the Indemnified Parties might face, in a proportion that reflects the relative fault between you and the Indemnified Parties concerning the actions leading to the indemnity claim. You pledge to cooperate fully in the defense of any such claims. We maintain the right to take over the exclusive defense of any claim at our expense, and you may not settle any such claim without our prior written approval.
- 6. Modifications and Termination
a. Pediatric Emergency Standards reserves the right, at its sole discretion, to modify, suspend, or terminate the Site or these Terms at any time without prior notice. You agree that Pediatric Emergency Standards shall not be liable to you or any third party for any modification, suspension, or termination of the Site or any part thereof. If you object to any such changes, your sole recourse shall be to cease using the Website. Continued use of the Site following notice of any such changes shall indicate your acknowledgment of such changes and agreement to be bound by the terms and conditions of such changes.
- 7. Dispute Resolution
a. Governing Law: These Terms and your use of the Website are governed by the laws of the state of Florida, without regard to its conflict of law principles.
b. Arbitration: Any dispute arising out of or related to these Terms or the Website shall be finally settled by binding arbitration, conducted by a single arbitrator, in accordance with the rules of the American Arbitration Association.
c. Venue: The arbitration shall be conducted in Broward County, Florida and judgment on the arbitration award may be entered into any court having jurisdiction thereof.
- 8. General Provisions
a. Severability: If any provision of these Terms is deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
b. No Waiver: The failure of Pediatric Emergency Standards to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
c. Entire Agreement: These Terms, together with any amendments and any additional agreements you may enter into with Pediatric Emergency Standards in connection with the Site, shall constitute the entire agreement between you and Pediatric Emergency Standards concerning the Site.
d. Successors and Assigns: These Terms are binding on and shall inure to the benefit of both parties and their respective successors, heirs, executors, administrators, personal representatives, and permitted assigns. You may not assign these Terms without Pediatric Emergency Standards’ prior written consent.
For any questions regarding these Terms, please contact us at [email protected].