Water Solution

TERMS OF USE / USER AGREEMENT

Introduction

These Terms of Use / User Agreement (“User Agreement”) are nearly identical to the User Agreement that you should have already read and accepted as part of properly logging on to this Website, using the User Name and Password provided by your employer.

If you have not previously accepted these Terms of Use / User Agreement in the process of properly logging on, you must leave this Website immediately. Although you have no right to access or use this Website, your unauthorized access or use constitutes acceptance of Sections 6, 7, 8, and 9 of these Terms of Use / User Agreement. Mar Cor may have legal claims against you for your unauthorized use of this Website.

This User Agreement applies to Water Solution Webpages portion of Mar Cor’s website. The Webpages have a home-page of www.dialysiswatersolution.com (the “Website”). The Website includes the “Water Training.” “You” refers to you, the person accessing the Website and taking Water Training.

1. Limited Use and Password. No Cheating. This Website may only be used by individuals who have been given a “User Name” and “Password” by their employer or by Mar Cor. You agree that you have properly received a User Name and Password, and have been instructed by your employer to take part in the Water Training. You agree that you will not share your User Name or Password with anyone. You also agree that you will take the Water Test(s) yourself, and will not allow anyone else to take the Water Test(s) for you. You agree that you will not cheat on the Water Test(s), and you will not ask any other person for any answers to the Water Test(s) or permit anyone to answer any questions on your behalf. You are responsible for maintaining the confidentiality of your User Name and Password, and you are responsible for any actions taken through the use of your User Name and Password.

2. No Copying of Water Training and Confidentiality. You agree that you will not copy all or any part of the Website, including but not limited to all or any part of the Water Training (however, you may make a single copy of this User Agreement for your records). You agree that you will treat all the information on the Website as confidential, and will not describe or discuss the contents of the Website with any other person.

3. Ownership and Use of Information and Materials. The information and materials on this Website belong to Mar Cor or other businesses we have contracted with. Mar Cor grant you a limited, revocable, non-transferable license to use the Website solely for the purpose of taking the Water Training as instructed by your employer. You may not share the information or materials from this Website with any third party.

You may only access those portions of the Website Mar Cor authorizes you to access. You may not attempt to circumvent or defeat any Mar Cor’s Website security measures or otherwise access information or materials Mar Cor does not intend to make available to you.

The information and materials on this Website are protected by United States and foreign copyright and trademark laws. If you use the information or materials in a way that is not clearly allowed by this User Agreement, you are violating your contract with Mar Cor and may be violating copyright, trademark, and other laws. In that case, Mar Cor automatically revokes your permission to access this Website and to use the information and materials, and you must immediately destroy any copies you have made. Title to the information and materials remains with Mar Cor or its third party licensors. All rights not expressly granted are reserved.

4. Your Test Answers and Water Test Score. You understand and agree that Mar Cor will grade your Test(s). Once your Water Test has been graded or scored, Mar Cor may retain a copy of your Test answers and Test score. Also, Mar Cor will transmit a copy of your Test answers and/or test score to your employer.

5. Mar Cor Not Responsible for Consequences of Water Training. You understand and agree that Mar Cor is not your employer. It is up to your employer whether they wish to make any employment-related or other decision based upon or related to your Water Solution Training answers or score. If you have any dispute regarding or related to any employment-related issue, you agree that you will address this issue with your employer, and not with Mar Cor, and that Mar Cor has no responsibility or liability for employment-related decisions or actions by your employer.

6. DISCLAIMERS AND LIMITATION OF LIABILITY.

ALL INFORMATION AND MATERIALS ON THE WEBSITE ARE PROVIDED TO YOU ON AN “AS IS” “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. MAR COR MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, CURRENCY, RELIABILITY, OR ACCESSIBILITY OF ANY INFORMATION OR MATERIALS ON THIS WEBSITE, INCLUDING THE WATER SOLUTION TRAINING. USE OF THE WEBSITE IS AT YOUR SOLE RISK

MAR COR MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE WEBSITE WILL BE SECURE, UNINTERRUPTED OR ERROR-FREE. YOU ARE RESPONSIBLE FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY CONTENT YOU MAY VIEW FROM THE WEBSITE IS FREE OF VIRUSES OR SIMILAR DESTRUCTIVE PROGRAMS. YOU AGREE THAT MAR COR SHALL NOT BE LIABLE FOR ANY CLAIM OR DAMAGES RELATED TO ANY LOSS, DESTRUCTION, OR ALTERATION OF DATA ON YOUR COMPUTER.

MAR COR SPECIFICALLY DISCLAIMS ANY LIABILITY, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR ACCESS TO OR USE OF THE WEBSITE, EVEN IF MAR COR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING DISCLAIMER INCLUDES BUT IS NOT LIMITED TO RELIANCE BY YOU, YOUR EMPLOYER, OR ANY THIRD PARTY ON ANY INFORMATION OR MATERIALS OBTAINED THROUGH THE USE OF THE WEBSITE (INCLUDING YOUR TEST ANSWERS AND TEST SCORE), OR ANY DAMAGE OR HARM RESULTING FROM ANY MISTAKES OR OMISSIONS IN, OR DELAYS IN TRANSMISSION OF, INFORMATION OR MATERIALS TO OR FROM THE WEBSITE, INTERRUPTIONS IN TELECOMMUNICATIONS CONNECTIONS TO THE SITE, OR VIRUSES, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF OR UNAUTHORIZED ACCESS TO THE WEBSITE OR RELATED INFORMATION OR PROGRAMS.

IF YOU BELIEVE THERE HAS BEEN AN ERROR IN THE GRADING OR PROCESSING OF YOUR WATER TEST SCORE, YOU AGREE THAT YOUR SOLE REMEDY IS TO BRING SUCH ISSUE TO THE ATTENTION OF YOUR EMPLOYER.
SOME JURISDICTIONS DO NOT ALLOW SOME OR ALL OF THE FOREGOING EXCLUSION OF CERTAIN WARRANTIES, AND THEREFORE SOME OF THE FOREGOING EXCLUSIONS MAY NOT APPLY TO YOU.

THIS SECTION 6 SURVIVES EXPIRATION OR TERMINATION OF THIS AGREEMENT.

7. Indemnity. You agree to indemnify, defend and hold Mar Cor, its directors, officers, shareholders, employees, representatives and assigns (collectively, “Affiliates”) harmless from and against any and all costs, liabilities, losses, and expenses (including, but not limited to, reasonable attorneys' fees) resulting from any claim, suit, action, or proceeding brought against Mar Cor or its Affiliates alleging or arising from or related to your use of the Website or any breach of this User Agreement by you. This paragraph survives expiration or termination of this User Agreement.

8. Choice of Law/ Disputes. You hereby agree that the only proper jurisdiction and venue for any dispute with Mar Cor, or in any way relating to your use of this Website, is in the state and federal courts in the State of Pennsylvania, U.S.A. You further agree and consent to the exercise of personal jurisdiction in these courts in connection with any dispute involving Mar Cor or its Affiliates. Any claims relating to the information, materials, services or products available on this Website will be governed by the laws of the State of Pennsylvania, excluding the application of its conflicts of law rules. You agree that any cause of action arising out of or relating to this User Agreement or your use of the Website will be commenced by you within one (1) year after such cause of action arose. Actions not commenced by you within one (1) year are permanently barred. This paragraph survives expiration or termination of this User Agreement.

9. Miscellaneous. If any provision of this User Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. You may not sell, assign, or otherwise transfer your password or any other rights you may have under this Agreement. Mar Cor may assign or transfer its rights, including rights to any data such as Test Scores or Test Answers, under this User Agreement. Mar Cor and you are independent contractors, and neither party has the power or authority to bind the other. Mar Cor's failure to act with respect to any failure by you or others to comply with this Agreement does not waive Mar Cor's right to act with respect to subsequent or similar failures. This User Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof. This paragraph survives expiration or termination of this User Agreement.