TERMS OF USE AGREEMENT

These Terms of Use govern any use of the website, located at www.nsm-seating.com, and any mobile applications (“Applications”) that National Seating & Mobility, Inc., and its subsidiaries, (Hudson Home Health Care, Inc. d/b/a National Seating & Mobility, NE and Dependable Medical Equipment, Inc.), collectively “NSM” operates.  By using NSM’s Applications, you agree to the Terms of this Agreement just as if you had signed the Agreement. If you do not agree to be bound by the Terms of this Agreement, you may not access the Applications or use any of the services provided through the Applications.


Use of Material, Information and Resources

The content of the Applications, whether the content is NSM’s or is licensed to a third-party, are protected by copyright.  NSM authorizes you to view and download material on these Applications solely for your own use.  You may not sell or modify the material or otherwise use it for any public or commercial purposes.

NSM Applications are only available for the personal use of residents of the United States who agree to be bound by these Terms of Use.  Access to these Applications may be prohibited or restricted in countries outside the United States.  Therefore, users should only access these Applications from within the United States.  Access from outside the United States shall be made at the user’s sole risk and any international user is responsible for complying with the laws and regulations of any international territory.

You will not use any Application in violation of any laws.


Minors

These Applications are not intended to attract children under the age of 13.  If you have agreed to allow your minor child or a child for whom you are the legal guardian to access NSM’s Applications, you agree that you shall be solely responsible for:

  • the online conduct of such minor;
  • monitoring such minors’ access to use of the Applications; and
  • the consequences of any use of the Applications by such minor.

Pursuant to the terms of the Children’s Online Privacy Protection Act, NSM provides notice that parental control protections (computer hardware, software or filtering services, etc.) are commercially available that may assist you in limiting access to material that is harmful to minors.  Information identifying current providers of such protections is available at the America Links Up website, http://getnetwise.org/americalinksup/parentstips/browsers.html.


Personal Information

NSM’s Privacy Policy is incorporated by reference into the terms of this Agreement and governs the collection and use of all information gathered on or through the Applications.


Linking to Other Sites

NSM may provide links to other websites.  Any advertisements, links with other websites, co-hosts or references to third-parties are not endorsements of such third-parties’ products or services and are not intended to result in any referrals or compensation to you or NSM.  While NSM does its best to ensure your privacy, NSM cannot be responsible for the privacy practices of other sites.  NSM cannot guarantee the quality or accuracy of information presented on non-NSM websites.  You are encouraged to review the privacy practices of any website you visit.


Account Security

If you open an account to access NSM Applications, you are responsible for maintaining the security and confidentiality of your username and password. You agree not to access anyone else’s NSM account without the express consent of the account holder. NSM is not liable for any damages resulting from your failure to keep your account information secure and confidential.


Ownership and Copyright

All information found on NSM’s Applications is the property of NSM or its licensors or other third-parties.  Such content is protected under United States and other countries copyright, trademark and other applicable laws.  Any unauthorized use of this information may be subject to civil and criminal penalties.  The ownership of all content is retained by the owner.

NSM respects the intellectual property of others and expects users of NSM’s services to do the same.  If you believe that your copyrighted work has been copied in any way that constitutes copyright infringement and is accessible on NSM’s Applications, you must provide the following information when providing notice of the claimed infringement to NSM:

  • A physical or electronic signature of a person authorized to act on behalf of the copyright owner and identification of the copyrighted work that is infringed;
  • Information reasonably sufficient to permit NSM to contact you, such as an address, telephone number and/or electronic mail address;
  • A written statement that the information in the notice is accurate, and under penalty of perjury, the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

All notices should be directed to the Legal Department of NSM at 5959 Shallowford Road, #443, Chattanooga, TN 37421-2245.  This information should not be interpreted as legal advice.  Additional details on the Digital Millennium Copyright Act can be found at 17 U.S.C. 512(c)(3).


Monitoring

You acknowledge that NSM reserves the right to monitor any and all activities or transmissions conducted on the Applications, at its sole discretion, without any notice to the user.  NSM may review, censor or prohibit any transmissions which NSM deems inappropriate or as violating any Terms and conditions of this Agreement.


Disclaimer of Warranties

All Applications and content are provided to the user on an “as is” basis with any and all imperfections.  The user acknowledges that some of the content provided through the NSM Applications originates from sources, which are outside the control of NSM.  NSM expressly disclaims any and all warranties, whether express, oral, implied, statutory or otherwise, including any implied warranties of fitness for a particular purpose or application, merchantability, non-infringement or adequacy to produce a particular result.

NSM takes all appropriate and necessary precautions as it relates to privacy and security, but NSM does not warrant that its Applications are secure or error free, that there will be no interference with use of the Applications, that the Applications will fulfill any particular purpose, or that the applications are free of viruses or other harmful components.

Some states do not allow certain limitations on implied warranties, including without limitation, the duration of effective warranties and/or their disclaimers, so the above limitation may not apply to some users.  This warranty gives specific legal rights, but the user may have other legal rights that vary from state to state.


Limitation of Liability

In no event shall NSM be liable for any direct, indirect, special punitive, incidental, exemplary, or consequential damages whatsoever, resulting from the use of any NSM Applications or content including, but not limited to, any loss of use, loss of data, loss of profits, business interruption, litigation, or any other pecuniary loss whether based on breach of contract, tort (including negligence), product liability or otherwise, arising out of or in any way connected with the use or performance of any NSM Applications, the delay or inability to use the Applications, or with the information, services, products materials or other resources contained on or accessible through the Applications, even if advised of the possibility of such damages.  The user acknowledges and agrees that the limitations set forth above are fundamental elements of this Agreement and the Applications would not be provided to the user absent such limitations.


Indemnification

The user agrees to indemnify, defend, and hold harmless NSM and its officers, directors, predecessors, successors, employees, agents, representatives or contractors for all claims, damages, lawsuits, judgments, and expenses (including reasonable attorney’s fees) resulting from any claim brought against any person arising from or relating to the user’s negligent or wrongful access or use of the NSM Applications, or posting any content on the NSM Applications.


Modifications

NSM reserves the right to suspend or terminate your use of the NSM Applications at any time for any reason.  NSM further reserves the right to change, suspend, or discontinue any aspect of the Applications and any products or services available on or through the Applications at any time without notice.

NSM reserves the right, in its sole discretion, to revise, change, amend or modify these Terms of Use at any time.  Your continued use of the Applications shall constitute acceptance of any such changes.


Severability

If any provision of these Terms is held to be unlawful, void or unenforceable for any reason, that provision will be deemed severable and will not affect the validity and enforceability of the remaining provisions.


Governing Law

To the fullest extent permitted by law, these Terms and any claim or dispute arising out of or related to these Terms will be governed by and construed in accordance with the laws of the State of Tennessee without regard to its choice of laws or principles.  You agree that any legal action or proceeding between you and NSM will be commenced within one year after the claim or cause of action arises.


Entire Agreement

These Terms constitute the entire Agreement between you and NSM relating to the use of NSM’s Applications and shall supersede any other agreement between you and NSM with respect to the subject matter of these Terms.