Apgardian – Terms and Conditions of Use

Thank you for visiting our website, Apgardian.  

PLEASE READ THESE TERMS AND CONDITIONS OF USE OF OUR SITE CAREFULLY AND UNDERSTAND THAT IF YOU DO NOT AGREE WITH ALL OF THESE TERMS AND CONDITIONS OF YOUR USE, YOU CANNOT USE THIS SITE.

By accessing or using Apgardian (including the mobile optimized version of the website and any application or “App” through which we offer the content of our site), you are agreeing to be bound by these Terms and Conditions of Use.

You represent that you are legally able to accept these Terms of Use, and affirm that you are of legal age to form a binding contract, or have obtained parental or guardian consent to do so.

We may revise and update these Terms and Conditions of Use at any time.  Your continued usage of Apgardian after any such revision or update will mean you agree and accept the Terms and Conditions of Use as modified.

Certain features, products or software that you purchase or download from Apgardian, may be subject to additional terms and conditions presented to you at the time that you use, purchase or download them.

APGARDIAN PROVIDES GENERAL INFORMATION;

APGARDIAN DOES NOT PROVIDE MEDICAL ADVICE

The contents of Apgardian are made available for informational purposes only. Nothing on this website is intended to be, nor should it be used as, a substitute for professional medical advice, diagnosis, or treatment.  You should always seek the advice of your physician or other qualified health provider with any questions you may have regarding labor and delivery or your medical condition.  You should never disregard professional medical advice or delay in seeking such medical advice because of something you have read or viewed on the Apgardian website!

If you think you are going into labor or otherwise having a medical emergency during your pregnancy, call your doctor or 911 immediately. Apgardian does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned in the Site Content. Any reliance by you on any Site Content is solely at your own risk.

Site Content may contain health-related or medical-related materials that are sexually explicit. If you find such materials offensive, you should not use Apgardian.

CHILDREN’S PRIVACY

Apgardian is committed to protecting the privacy of children.  Apgardian, and the Site Content, are not intended or designed to attract children under the age of 13.  Apgardian does not collect personally identifiable information from any person that we actually know is a child under the age of 13.

WEBSITE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS; DISCLAIMER OF WARRANTIES

The Website and its content and any services available from it are provided for educational, promotional, and informational purposes.  This Website is provided on an “as is” and “as available” basis, without warranty of any kind whether express or implied.  This means that Lindsay & Hobson, LLC makes no promises of any sort to you regarding this Website.  For example, we do not promise the Website will be available at any particular time or that the Website will meet any particular requirements or be accurate or up-to-date.  Likewise, we do not promise that the Website or any information you send to it or receive from it or store on it will be secure from possible unauthorized access, and we do not promise that the Website will be free of errors, harmful components, defects, or even viruses.

The Website and its content are not intended to, and do not, constitute the practice of medicine or the giving of medical advice or the making of any medical diagnosis.  Access to the Website is not intended to be a substitute for professional medical advice, diagnosis, or treatment.  You should always seek the advice of your physician or other qualified health provider about any questions you may have regarding labor and delivery or your medical condition. You should never disregard professional medical advice or delay in seeking such medical advice because of something you have read or viewed on the Apgardian website!

OWNERSHIP RIGHTS OF CONTENT

Lindsay & Hobson, LLC owns the intellectual property rights in the content and materials displayed on Apgardian (“the Website”). You may use the Website (including any content and materials included on the Website) for your own personal, non-commercial use, but you may not use it for commercial purposes. You may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any material from the Website unless explicitly authorized in these Terms and Conditions of Use, explicitly authorized in additional terms and conditions of use presented to you at the time of purchase or download of other certain features, products or software that you purchase or download from Apgardian, or unless given express written permission by Lindsay & Hobson, LLC. You may, however, from time to time, download and/or print one copy of individual pages of the Website for your personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices.

If you submit or post any materials or content to the Website, you grant us and our business partners a royalty free, perpetual, irrevocable, transferrable, assignable, sub-licensable, worldwide license to use such materials and content, including alterations thereof, for our business purposes, in any form, in any media, and via any technology we choose, whether it exists now or is created in the future. You represent that all materials and content posted or otherwise submitted by you to the Website are original to you and that you have the right to grant us these rights.

YOU, AND ONLY YOU, ARE RESPONSIBLE FOR CONTENT THAT YOU POST

Responsibility for what is posted by you in any portions of the Website where you have the ability to post content lies with each user – you alone are responsible for the material you post or otherwise make available to other persons through the Website.  Lindsay & Hobson, LLC does not control the material that you or others may post or otherwise make available in such areas, and you understand that Lindsay & Hobson, LLC has no obligation to monitor any such material or to edit or delete it. However, Lindsay & Hobson, LLC reserves the right do so.  We are not a publisher of user posts, whether through use of the website or otherwise, and we are not responsible for the accuracy or legality of any such user posts.

REGISTRATION AND LOG- IN

To access certain features or areas of Apgardian, you may be required to provide personal information or demographic information or both as part of a registration or log-in process.  In addition, certain features of Apgardian are only available to registered users, or to those who have purchased access to those areas of the Website you may be required to log in using your username or your email address or both and to supply your personal password.

You agree to provide true, accurate, current, and complete information about yourself as prompted by the applicable registration or log-in forms, and you are responsible for keeping such information up-to-date (this includes your contact information, so that we can reliably contact you). The information you submit must describe you (you may not impersonate another person or entity), and you may not sell, share or otherwise transfer your account information.

You are responsible for all activity occurring when the Website is accessed through your account, whether that access was authorized by you or not. Therefore, if you create or register an account at the Website then you should be sure to protect the confidentiality of your account password. Lindsay & Hobson, LLC is not liable for any loss or damage arising from your failure to protect your password or account information.

Electronic Communications

When you visit the Website or send Apgardian an email, just as when we post notices on the Website or communicate with you by email, your communication with us will use electronic means. For contractual purposes, you consent to receive communications from Apgardian in an electronic form, and you agree that all terms and conditions, agreements, notices, disclosures, and other communications that Apgardian provides to you electronically constitute written communications and satisfy all legal requirements where a communication in writing is deemed necessary.

Copyright Infringement Notices

Lindsay & Hobson, LLC respects the intellectual property of others, and we ask those posting any content on the Website to likewise be respectful of intellectual property rights.  Lindsay & Hobson, LLC reserves the right, in appropriate circumstances, to terminate the right of use of Apgardian to individuals who infringe upon the intellectual property rights of others.

If you believe there has been a copyright violation of your work posted on the Website, please provide us with the following information:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
  • Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and if available, an email address at which you may be contacted;
  • A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

You can provide this information to us at the following address:                                                Lindsay & Hobson, LLC  8000 Centerview Pkwy., Suite 108  Cordova, Tennessee 38018
Email: copyright@apgardian.com

If you believe that posted content has been removed from the site in error, please provide Lindsay & Hobson, LLC (to the same contact address above) with the following information:

  • Your physical or electronic signature;
  • Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
  • A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled;
  • Your name, address, telephone number and a statement that you consent to the jurisdiction of the United States District Court for the Western District of Tennessee.

Suspension or Termination of Access

We have the right to deny access to, and to suspend or terminate your access to, the Website, or to any features or portions of the Website, and to remove and discard any content or materials you have submitted to the Website, at any time and for any reason, including for any violation by you of these Terms and Conditions of Use.  In the event that we suspend or terminate your access to or use of the Website, you will continue to be bound by the Terms and Conditions of Use that were in effect as of the date of your suspension or termination.

Linking Policies

The Website may contain links to other websites or to third party sellers of products and services. Such links are provided for your convenience only, and you access them at your own risk. Lindsay & Hobson, LLC is not responsible for, and does not endorse, the content of any such sites, nor the products and services sold on them, nor do we take responsibility for the accuracy of any such sites.  When you visit a linked site you should read the terms of use and privacy policy that govern that particular linked site.

Indemnification

You agree to indemnify, defend and hold harmless Lindsay & Hobson, LLC from and against any claims, liabilities, losses, damages, costs and expenses, including reasonable attorneys’ fees, arising from or relating to your use of the Website, your submissions to the Website, or any violation of these Terms and Conditions of Use, or applicable law, by you or by someone accessing the Website via your account. Lindsay & Hobson, LLC reserves the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you agree to cooperate with us in defending such claims. This indemnification, defense and hold harmless obligation will survive these Terms and Condition of Use and the termination of your use of the Website.

Jurisdictional Issues

We control and operate the Website from our principal place of business in Tennessee within the United States of America, and unless otherwise specified, the materials displayed on the Website are presented solely for the purpose of providing general medical information of use to persons in the United States, its territories, possessions, and protectorates.  We do not represent that any content on the Website is appropriate or available for use in other locations.  If you choose to access the Website from other locations, you are responsible for compliance with local laws, if and to the extent that local laws are applicable.

Applicable Law; No Waiver; Severability

These Terms and Conditions of Use, and the relationship between you and us, will be governed by the laws of the United States and the State of Tennessee, without giving effect to any principles of conflicts of law.  Our failure to exercise or enforce any right or provision of these Terms and Conditions of Use will not constitute a waiver of such right or provision. If any provision of these Terms and Conditions of Use is found by a court of competent jurisdiction to be invalid, you and we nevertheless agree that the court should endeavor to give effect to intentions reflected in such provision, and the other provisions of these Terms and Conditions of Use will remain in full force and effect.

Limitations of Liability

IF YOU ARE DISSATISFIED WITH THE WEBSITE, OR ANY MATERIALS, PRODUCTS, OR SERVICES ON THE WEBSITE, OR WITH ANY OF THE WEBSITE’S TERMS AND CONDITIONS OF USE AND YOU HAVE NEVER PAID ANY AMOUNT OF MONEY TO LINDSAY & HOBSON, LLC, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE.

IF YOU ARE DISSATISFIED WITH THE WEBSITE, OR ANY MATERIALS, PRODUCTS, OR SERVICES ON THE WEBSITE, OR WITH ANY OF THE WEBSITE’S TERMS AND CONDITIONS OF USE AND YOU HAVE PAID MONEY TO LINDSAY & HOBSON, LLC FOR SERVICE, YOU AGREE THAT NO MATTER WHAT THE CIRCUMSTANCES ARE AS TO YOUR DISSATISFACTION, THE LIABILITY OF LINDSAY & HOBSON, LLC IN THE EVENT OF A DISPUTE OF ANY KIND BETWEEN YOU AND LINDSAY & HOBSON, LLC ARISING OUT OF OR RELATED IN ANY WAY TO YOUR USE OF THE WEBSITE OR ANY OF ITS FEATURES WILL NOT EXCEED THE AMOUNT OF MONEY YOU HAVE ACTUALLY PAID TO LINDSAY & HOBSON, LLC.