SCOPE
These Legal Terms and Conditions apply to the entire omsvision.com
Web site and all portions of the site contained therein (excluding links to other
Web sites as provided below). These Legal Terms and Conditions shall apply to any
future portions of the omsvision.com Web site (excluding links to other
Web sites as provided below) unless otherwise stated.
USE OF THIS WEB SITE
Use of this Web site and access to the material it contains is subject to the following
Legal Terms and Conditions as well as to applicable laws. Your access to and browsing
of this Web site constitutes your full acceptance of these Legal Terms and Conditions.
We reserve the right, at our sole discretion, to update or revise these Legal Terms
and Conditions. Please check the Legal Terms and Conditions periodically for changes.
Your continued use of this site following the posting of any changes to the Legal
Terms and Conditions constitutes acceptance of those changes.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of this Web site, you will not use the Web site for any
purpose that is unlawful or prohibited by these terms, conditions, and notices.
You may not use the Web site in any manner that could damage, disable, overburden,
or impair any Henry Schein, Inc., Inc. server, or the network(s) connected to any
Henry Schein, Inc., Inc. server, or interfere with any other party's use and enjoyment
of the Web site. You may not attempt to gain unauthorized access to any computer
systems or networks connected to any Henry Schein, Inc., Inc. server or other systems,
through hacking, password mining or any other means. You may not obtain or attempt
to obtain any materials or information through any means not intentionally made
available through the Web site. Henry Schein, Inc., Inc. makes no representation
that the Web site is appropriate or available for use in locations outside the United
States, and accessing the Web site from territories where such content is illegal
is prohibited. Those who choose to access this Web site from locations outside the
United States do so at their own initiative and are responsible for compliance with
all applicable laws.
SECURITY
You are responsible for maintaining the confidentiality of your logon information,
and are fully responsible for all activities that occur under your password or user
name. You agree (a) to immediately notify Henry Schein, Inc., Inc. of any unauthorized
use of your password or user name or any other breach of security, and (b) to ensure
that you exit from your account at the end of each session.
LINKS TO OTHER WEB SITES
This Web site may contain links to other Web sites not owned or managed by Henry
Schein, Inc. or its affiliates. Henry Schein, Inc. provides such links solely for
the convenience of our visitors. Henry Schein, Inc. is not responsible for the accuracy,
legal or regulatory compliance, decency, or any other aspect of the content of such
sites, and such sites are not investigated, monitored, or checked for accuracy or
completeness by Henry Schein, Inc.. The inclusion of links to such sites does not
imply approval or endorsement of the site by Henry Schein, Inc. or any association
with its operators. We urge you to read the terms of use policies on linked Web
sites before utilizing their products or services as Henry Schein, Inc. is not responsible
for these areas.
PROPRIETARY RIGHTS
Copyrights. Henry Schein, Inc. is the owner or licensee
of all copyrights in and to the content on this Web site, including without limitation,
(i) all materials, documentation, text, data, graphics, graphs, charts, buttons,
photographs, videos, typefaces, music, sounds, HTML code, and interfaces contained
on this Web site; and (ii) the design, selection and arrangement of this Web site.
All rights reserved.
Unless otherwise specified, you are granted a personal, non-exclusive, non-transferable,
limited right to access, use, and display this Web site and the materials provided
hereon for the purpose of obtaining and reviewing your account information. Specifically,
you are granted permission to view or download a single copy of the material on
the Web site solely to access our services, place orders, and review your account
information. When content is downloaded to your computer, you do not obtain any
ownership interest in such content, any modifications of the content, or any use
of the content for any other purpose than that expressly permitted herein. Ownership
of all such content shall at all times remain with Henry Schein, Inc. or its licensors.
Henry Schein, Inc. and its licensors reserve all rights not expressly granted to
you. Use of the copyrightable material on this Web site for any purpose not expressly
authorized herein without the prior written permission of Henry Schein, Inc. or
its licensors is forbidden.
Trademarks. All trademarks, service marks, trade names,
logos, and other designations (collectively the "Marks") are the sole
property of Henry Schein, Inc., or other third parties that have granted Henry Schein,
Inc. the right and license to use such Marks. Nothing contained on this Web site
should be construed as granting any license or right to use any such Marks without
the written permission of Henry Schein, Inc. or such third party that may own the
Marks displayed.
Your Information. We reserve the right, and you authorize
us, to use and freely assign all information regarding the use of this Web site
by you and all information provided by you in any manner consistent with our Privacy
Statement. Click here to read our Privacy Statement, which is incorporated into
these Legal Terms and Conditions by reference.
TYPOGRAPHICAL OR OTHER ERRORS
While Henry Schein, Inc. takes reasonable care and skill to provide information
which is accurate and up to date when first included on the Web site, typographical
and other errors may nevertheless occur. Henry Schein, Inc. does not undertake to
update or correct such information and reserves the right to modify, delete and
rearrange any or all of the contents of this Web site at any time without notice
to you. While Henry Schein, Inc. makes reasonable efforts to prevent unauthorized
tampering with the Web site, Henry Schein, Inc. does not guarantee that its efforts
will always be successful. Therefore, as set below, Henry Schein, Inc. does not
warranty that the Web site materials will be error-free, and disclaims any liability
for such errors.
DISCLAIMER OF WARRANTIES
HENRY SCHEIN, INC. MAKES NO REPRESENTATION AS TO THE ACCURACY, TIMELINESS, OR COMPLETENESS
OF THE WEB SITE MATERIALS OR ANY SOFTWARE INSTALLED BY YOU IN CONNECTION WITH THE
USE OF THIS WEB SITE. HENRY SCHEIN, INC. PERIODICALLY AMENDS, CHANGES, ADDS, DELETES,
UPDATES OR ALTERS THE INFORMATION, INCLUDING, WITHOUT LIMITATION, THE LEGAL TERMS
AND CONDITIONS, AT THE WEB SITE WITHOUT NOTICE. FURTHER, HENRY SCHEIN, INC. ASSUMES
NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THE
WEB SITE OR ANY SOFTWARE INSTALLED BY YOU IN CONNECTION WITH THE USE OF THIS WEB
SITE. HENRY SCHEIN, INC. SPECIFICALLY DISCLAIMS ANY DUTY TO UPDATE THE INFORMATION
ON THE WEB SITE. YOU ARE RESPONSIBLE FOR VERIFYING ALL INFORMATION LOCATED ON THIS
SITE.
ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE
THROUGH THIS SITE (THE "CONTENT") ARE PROVIDED "AS IS" AND "AS
AVAILABLE" FOR YOUR USE. THE CONTENT IS PROVIDED "AS IS" AND WITHOUT
WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT,
AND TITLE.
Henry Schein, Inc. makes no representation that the Web site or its contents are
appropriate for use in every country of the world. Your use of this Web site is
at your own risk and you are responsible for compliance with applicable local laws,
keeping in mind that access to the Web site may not be legal by certain persons
or in certain jurisdictions.
Some states or nations may not allow the disclaimer of certain warranties, so the
above limitations may not apply to you in all cases.
LIMITATION OF LIABILITY
Use of the omsvision.com Web site or any software application installed
by you in connection with the use of this Web site, is at your sole risk. While
Henry Schein, Inc. makes reasonable efforts to ensure the safety and functionality
of our Web site and any software applications associated with its Web site, these
efforts may fail and errors may occur. IN NO EVENT SHALL HENRY SCHEIN, INC. OR ANY
OTHER PARTY INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THE CONTENT OF
THIS SITE OR ANY SOFTWARE APPLICATION ASSOCIATED WITH THIS WEB SITE BE LIABLE FOR
ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OF
ANY KIND, OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, COMPUTER VIRUS OR
SYSTEM FAILURE, OR LOSS OF DATA OR PROFITS, ARISING OUT OF OR IN CONNECTION WITH
THE USE OR PERFORMANCE OF THIS WEB SITE (OR THE CONTENT PROVIDED AT THIS WEB SITE
ON ANY WEB SITE RELATED TO ANY THIRD PARTY), OR ANY SOFTWARE APPLICATION INSTALLED
IN CONNECTION WITH THE USE OF THIS WEB SITE OR USERS' INABILITY TO USE THE CONTENT
CONTAINED IN THIS WEB SITE (OR ANY OTHER WEB SITE), ON ANY THEORY OF LIABILITY.
HENRY SCHEIN, INC. WILL NOT BE LIABLE OR RESPONSIBLE FOR ANY LOSS OR DAMAGE CAUSED
BY OR ARISING FROM YOUR RELIANCE ON THE CONTENT OF THIS SITE. THESE WAIVERS APPLY
EVEN IF HENRY SCHEIN, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL HENRY SCHEIN, INC.'S LIABILITY TO YOU FOR ANY DAMAGES, LOSSES,
OR CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO,
NEGLIGENCE OR OTHERWISE) EXCEED THE AMOUNT, IF ANY, PAID BY YOU TO HENRY SCHEIN,
INC. FOR ACCESSING THIS WEB SITE OR INSTALLING ANY SOFTWARE APPLICATION ASSOCIATED
WITH THIS WEB SITE. OUR MAXIMUM LIABILITY TO YOU IF YOU PURCHASE GOODS FROM US WILL
BE EQUAL TO THE PURCHASE PRICE YOU PAY FOR THE GOODS.
THE FOREGOING LIMITATIONS WILL APPLY EVEN IF ANY REMEDY PROVIDED UNDER THESE LEGAL
TERMS AND CONDITIONS FAILS OF ITS ESSENTIAL PURPOSE. Some states do not allow the
exclusion of liability for consequential damages, so the above limitations may not
apply to you in all cases.
FORWARD LOOKING STATEMENTS
THE CONTENT TOGETHER WITH ANY DOCUMENTS ISSUED BY HENRY SCHEIN, INC. OR ANY OF ITS
AFFILIATES, SERVICE PROVIDERS, OR BUSINESS PARTNERS AND AVAILABLE THROUGH HENRY
SCHEIN, INC.'S WEBSITES MAY CONTAIN FORWARD-LOOKING STATEMENTS WITHIN THE MEANING
OF THE U.S. PRIVATE SECURITIES LITIGATION REFORM ACT OF 1995. THOSE STATEMENTS MAY
APPEAR IN A NUMBER OF PLACES IN THE SITE AND CAN BE IDENTIFIED BY THE USE OF FORWARD-LOOKING
TERMINOLOGY SUCH AS "MAY," "COULD," "EXPECT," "ANTICIPATE,"
"INTEND," "BELIEVE," "PLAN," "ESTIMATE,"
"FORECAST," "PROJECT," "ANTICIPATE," OR OTHER COMPARABLE
TERMS OR THE NEGATIVE THEREOF. THE COMPANY PROVIDES THE FOLLOWING CAUTIONARY REMARKS
REGARDING IMPORTANT FACTORS WHICH, AMONG OTHERS, COULD CAUSE FUTURE RESULTS TO DIFFER
MATERIALLY FROM THE FORWARD-LOOKING STATEMENTS, EXPECTATIONS AND ASSUMPTIONS EXPRESSED
OR IMPLIED HEREIN. THE FORWARD-LOOKING STATEMENTS INCLUDED HEREIN ARE BASED ON THEN-CURRENT
EXPECTATIONS OF MANAGEMENT. ALL FORWARD-LOOKING STATEMENTS MADE BY US ARE SUBJECT
TO RISKS AND UNCERTAINTIES AND ARE NOT GUARANTIES OF FUTURE PERFORMANCE. FORWARD-LOOKING
STATEMENTS INVOLVE KNOWN AND UNKNOWN FACTORS, RISKS AND UNCERTAINTIES THAT MAY CAUSE
OUR ACTUAL RESULTS, PERFORMANCE AND ACHIEVEMENTS, OR INDUSTRY RESULTS, TO BE MATERIALLY
DIFFERENT FROM ANY FUTURE RESULTS, PERFORMANCE, OR ACHIEVEMENTS EXPRESSED OR IMPLIED
BY SUCH FORWARD-LOOKING STATEMENTS. THOSE FACTORS, RISKS AND UNCERTAINTIES INCLUDE,
BUT ARE NOT LIMITED TO, THE FACTORS DESCRIBED UNDER "RISK FACTORS" DISCUSSED
IN OUR PERIODIC FILINGS MADE WITH THE SECURITIES AND EXCHANGE COMMISSION.
THE COMPANY CAUTIONS THAT THESE FACTORS MAY NOT BE EXHAUSTIVE AND THAT
MANY OF THESE FACTORS ARE BEYOND THE COMPANY'S ABILITY TO CONTROL OR PREDICT. ACCORDINGLY,
FORWARD-LOOKING STATEMENTS SHOULD NOT BE RELIED UPON AS A PREDICTION OF ACTUAL RESULTS.
THE COMPANY UNDERTAKES NO DUTY AND HAS NO OBLIGATION TO UPDATE FORWARD-LOOKING STATEMENTS.
INDEMNIFICATION BY USER
You agree to defend, indemnify, and hold harmless Henry Schein, Inc. and its affiliates,
parents, subsidiaries, and their respective employees, agents, contractors, officers,
directors, successors and assigns from all liabilities, claims, damages and expenses,
including without limitation attorneys' fees and costs, that arise from your use,
misuse of this site or use of any software application associated with the use of
this Web site.
TERMINATION
Henry Schein, Inc. shall have the right immediately to terminate this agreement
with you and your use of the Web site if it determines in its sole discretion that
you have breached any of these Legal Terms and Conditions or otherwise been engaged
in conduct which Henry Schein, Inc. determines in its sole discretion to be unacceptable.
CHOICE OF LAW AND FORUM
These Legal Terms and Conditions shall be governed by and construed in accordance
with the laws of the state of New York, without regard to such state's rules regarding
conflicts of laws. By accessing this Web site, you agree that courts located in
the Eastern and Southern Districts of New York or in the counties within those federal
judicial districts shall have exclusive jurisdiction over all claims and actions
arising out of or relating to these Legal Terms and Conditions and/or your use of
this site, and you further agree and submit to the exercise of personal jurisdiction
of such courts and consent to extra-territorial service of process for the purpose
of litigating any such claim or action.
RECORDS
A printed version of these Legal Terms and Conditions and of any notice given in
electronic form will be admissible in judicial or administrative proceedings relating
to these Legal Terms and Conditions to the same extent and subject to the same conditions
as other business documents originally generated and maintained in printed form.
For purposes of any dispute, Henry Schein, Inc.'s records shall be conclusive in
all respects.
RSS USE
RSS (really simple syndication) service is a means by which Henry Schein, Inc. offers
feeds descriptions and links in XML ("RSS Content") to visitors to Henry
Schein, Inc. web site who use RSS aggregators and other applications. These
Terms of Use govern, among other things, your use of the RSS service.
Use of RSS Feeds
RSS is a free service offered by Henry Schein, Inc. for non-commercial
use. Any other uses, including without limitation the incorporation of advertising
into or the placement of advertising associated with or targeted towards the RSS
Content, are strictly prohibited. You must use the RSS feeds and audio or video
content as provided by Henry Schein, Inc., and you may not edit or modify the text,
content or links supplied by Henry Schein, Inc.. For web posting, reprint, transcript
or licensing requests for Henry Schein, Inc. material, please e-mail your request
to support@henryschein.com.
Links to Content.
The RSS service may be used only with those platforms from which a functional link
is made available that, when accessed, takes the viewer directly to the display
of the full RSS page. You may not display the RSS Content in a manner that does
not permit successful linking to, redirection to or delivery of the applicable Henry
Schein, Inc. web page without prior authorization. You may not insert any intermediate
page, splash page or other content between the RSS link and the applicable Henry
Schein, Inc. web site web page.
Ownership/Attribution.
Henry Schein, Inc. retains all ownership and other rights in the RSS Content, and
any and all Henry Schein, Inc. logos and trademarks used in connection with the
RSS Service. You must provide attribution to the appropriate Henry Schein, Inc.
website in connection with your use of the RSS feeds. If you provide this attribution
using a graphic, you must use the appropriate Henry Schein, Inc. logo that we have
incorporated into the RSS feed.
Right to Discontinue Feeds.
Henry Schein, Inc. reserves the right to discontinue providing any or all of the
RSS feeds at any time and to require you to cease displaying, distributing or otherwise
using any or all of the RSS feeds for any reason including, without limitation,
your violation of any provision of these Terms of Use. Henry Schein, Inc. assumes
no liability for any of your activities in connection with the RSS feeds or for
your use of the RSS feeds in connection with your website.
INTEGRATION AND SEVERABILITY
These Legal Terms and Conditions constitute the entire agreement between you and
Henry Schein, Inc. with respect to this Web site and supersede all prior or contemporaneous
communications and proposals (whether oral, written, or electronic) between you
and Henry Schein, Inc. with respect to this site. If any part of these Legal Terms
and Conditions is held invalid or unenforceable, that portion shall be construed
in a manner consistent with applicable law to reflect, as nearly as possible, the
original intentions of the parties, and the remaining portions shall remain in full
force and effect.
Last Updated: January 1, 2012