Terms

Terms & Conditions:

  • Payment will be invoiced annually, non payment will result in software access termination.
  • Setup fee is nonrefundable
  • 12 Hours of Annual Tech Support per company is FREE.
  • 12 to 24 hours is only $15 a month extra, Invoiced for the remainder of the calendar year, when you reach that level of support.
  • 24 to 48 hours is only $10 a month extra, Invoiced for the remainder of the calendar year, when you reach that level of support.
  • To continue and receive your Integrated Credit Card Processing Discount, you must use our Integrated Credit Card Vendor for 95% of all credit and debit card collections – minimum credit card processing amount is required.
  • To continue and receive your mail, print, and e-bill add-on Discount, you must use our Vendor for 70% of statements.
  • Software access will be terminated and discount invoiced for failure to meet Terms & Conditions.
  • Payment will be invoiced annually, non payment will result in software access termination.
  • A $50 reactivation fee will be assessed for restoring software access for non compliance or payment.

Fagerman Technologies Inc.

These Terms and Conditions of Use are applicable to all websites managed and maintained by Fagerman Technologies Inc. (LiDAR USA & MedLook USA) in Somerville, Alabama, consisting of Fagerman Technologies Inc. and its subsidiaries, branches or affiliated companies. This web site, including any portion of this web site accessible through the homepage, (collectively, the “Site”) is published and maintained by Fagerman Technologies Inc. and its subsidiaries, affiliates and/or related entities. This document is a legal contract, and by accessing, browsing, or using the LiDAR USA or MedLook USA Website you agree to be bound, without limitation or qualification, to the (“Terms of Use”) set forth below.

Fagerman Technologies Inc. reserves the right to modify, change, alter or otherwise edit these Terms of Use at any time by updating this posting. By continuing to use the Site after FAGERMAN TECHNOLOGIES INC. publishes changes, you agree to be bound by such changes. FAGERMAN TECHNOLOGIES INC. recommends that you periodically visit this page to review the then current Terms of Use. If you do not agree to these Terms of Use, or to any modification thereof, you are not authorized to use the Site.

USE OF THE SITE

This Site is only for informational purposes. As long as you comply with these Terms of Use, FAGERMAN TECHNOLOGIES INC. grants you a non-exclusive, non-transferable, non-sub licensable, limited right to enter, display and use the Site. By using the site or downloading materials from the site, you agree to abide by the terms and conditions set forth in this notice. You agree that your use of the Site will comply with applicable laws. In addition, you agree not to take any steps in connection with your use of the Site that could adversely affect FAGERMAN TECHNOLOGIES INC., other companies or brands represented on the site, including engaging in or attempting to engage in the following conduct:

  • Interrupting the operation of this Site in any manner whatsoever, including by imposing an unreasonable load on the Site’s infrastructure;
  • Deleting or revising any material or other information of any other user, FAGERMAN TECHNOLOGIES INC. , or any third party;
  • Harvesting or otherwise collecting information about others, including e-mail addresses, without their consent;
  • Deciphering, decompiling, disassembling, or reverse-engineering any of the software comprising or in any way making up a part of the Site;
  • Posting advertisements or solicitations of business other than those explicitly approved by FAGERMAN TECHNOLOGIES INC.;
  • Defeating, investigating, or providing information concerning methods of defeating Site security mechanisms, including by allowing another person to access the Site using credentials issued to you, or by falsifying, deleting, or concealing Internet Protocol header, email sender, or other identifying information;
  • Engaging in any other conduct that restricts or inhibits any other person from using or enjoying the Site, or which, in FAGERMAN TECHNOLOGIES INC.’s judgment, exposes FAGERMAN TECHNOLOGIES INC. or any of its users, customers, or suppliers to any liability or detriment of any type; or
  • Taking any other action that could endanger or cause damage to FAGERMAN TECHNOLOGIES INC., other users of the Site, or other third parties.

FAGERMAN TECHNOLOGIES INC. may take any action that it deems appropriate if it determines, in its exclusive discretion that you have engaged in any of these practices or otherwise violated these Terms of Use. Such action may include termination of your license to access the Site or initiation of civil or criminal legal proceedings. Under these circumstances, FAGERMAN TECHNOLOGIES INC. may also investigate your use of the Site and provide information about your use to law enforcement.

If you enter portions of the site that launch those which are known as “microsites” or “subsites” or access any of these subsites, you hereby agree to the terms and conditions applicable for those sites that are managed and maintained by FAGERMAN TECHNOLOGIES INC. and would be considered as a supplemental agreement from the original FAGERMAN TECHNOLOGIES INC. site terms and conditions. Both Terms of Use and the Reseller Supplemental Terms will govern your use of the subsite. In the event of any inconsistency between these Terms of Use and the Reseller Supplemental Terms, the Reseller Supplemental Terms of use will control, except that nothing in the Reseller Supplemental Terms of use may limit (a) FAGERMAN TECHNOLOGIES INC.’s disclaimer of warranties, (b) your agreement to indemnify FAGERMAN TECHNOLOGIES INC., or (c) the licenses you grant to FAGERMAN TECHNOLOGIES INC. in your Communications or other intellectual property.

All materials on “FAGERMAN TECHNOLOGIES INC. Website” are protected by copyright laws, related agreements and other laws (collectively “Copyright Laws “) of each country throughout the world. Except for cases permitted in writing by these “Terms” or “FAGERMAN TECHNOLOGIES INC. Website”, you are prohibited from using any material (including duplication, modification, uploading, presentation, transmission, distribution, licensing, sales and publication) by the “Copyright Laws” except for non-commercial and personal purposes. If you want to use any materials on “FAGERMAN TECHNOLOGIES INC. Website”, you need to obtain “FAGERMAN TECHNOLOGIES INC.’s” prior written permission

These rights regarding individual company names, trademarks, logo marks, product names and service marks used, quoted and/or referenced on “FAGERMAN TECHNOLOGIES INC. Website” belong to “FAGERMAN TECHNOLOGIES INC.” or owners of individual rights. You are prohibited from using them, except in cases permitted by trademark laws and other laws.

“FAGERMAN TECHNOLOGIES INC.” assumes no responsibility regarding the accuracy, currency or usefulness of the information (collectively ” Contents “) provided by “FAGERMAN TECHNOLOGIES INC. Website.” “FAGERMAN TECHNOLOGIES INC.” does not take any responsibility for direct or indirect damage due to malfunction of software and hardware of your personal computer, peripheral equipment and network environment caused by your access to “FAGERMAN TECHNOLOGIES INC. website”, except when required by law.

OUR INTELLECTUAL PROPERTY RIGHTS

Copyright:
All materials on the Site, including but not limited to images, software, audio, text and video clips (the “Content”), are protected by copyright under U.S. copyright law, international conventions and other copyright laws. All Content is owned or licensed by FAGERMAN TECHNOLOGIES INC. or by its third-party licensors. You may view and download the Content for your own personal, non-commercial use, provided that you retain all copyright and other proprietary notices contained in the Content or on any copies of the Content. Any unauthorized use of the Content may violate, without limitation, copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. You may not change the Content in any way or reproduce, publicly display, distribute or otherwise use the Content for any public or commercial purpose. Any reproduction of the Content on any other web site or networked computer environment for any purpose is prohibited.

Trademarks:
FAGERMAN TECHNOLOGIES INC. trademarks, logos, and service marks and those trademarks, logos, and service marks licensed to FAGERMAN TECHNOLOGIES INC. (collectively, the “Trademarks”) displayed on the Site, including but not limited to the FAGERMAN TECHNOLOGIES INC. logo, are registered and unregistered marks of FAGERMAN TECHNOLOGIES INC. or FAGERMAN TECHNOLOGIES INC. Inc. All other trademarks, trade names, product names, service marks and all other non-FAGERMAN TECHNOLOGIES INC. marks are the property of their respective owners. Nothing contained on this Site should be construed as granting, by implication, estoppels, or otherwise, any license or right to use any Trademark displayed on the Site without the written permission of FAGERMAN TECHNOLOGIES INC. or such third party that may own other trademarks displayed on the Site. The absence of a product name, service or trademark, or logo anywhere in the text of this Site does not constitute a waiver of any trademark or other intellectual property rights concerning that name or logo.

USERNAMES AND PASSWORDS

Certain areas of this Site may offer the opportunity to create an account. You will be asked to create a username and password in connection with such an account. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to immediately notify FAGERMAN TECHNOLOGIES INC. of any unauthorized use of your password or account or any other breach of security that you become aware of. FAGERMAN TECHNOLOGIES INC. cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.

If FAGERMAN TECHNOLOGIES INC. requests that you provide information about yourself in connection with your creation of an account, you agree that the information that you provide will be entirely truthful and accurate. If the information that you provide to FAGERMAN TECHNOLOGIES INC. changes, you agree to promptly provide FAGERMAN TECHNOLOGIES INC. with updated information.

USE OF SOFTWARE

Any software that is available on this Site (“Software”) is the copyrighted work of FAGERMAN TECHNOLOGIES INC. and/or its licensors. Copying or reproducing the Software to any other server or location for further reproduction or redistribution is strictly prohibited, unless such reproduction or redistribution is permitted by a license agreement accompanying such Software. You may not create derivative works of the Software, or attempt to decompile or reverse-engineer the Software unless otherwise permitted by law. Use of the Software is subject to the license terms of any license agreement that may accompany or is provided with the Software. You may not download any Software until you have read and accepted the terms of the accompanying software license.

WITHOUT LIMITING THE FOREGOING, THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE SEPARATE LICENSE AGREEMENT ACCOMPANYING THE SOFTWARE. EXCEPT AS WARRANTED IN SUCH LICENSE AGREEMENT, FAGERMAN TECHNOLOGIES INC. , ITS PARENT, SUBSIDIARY, AND AFFILIATE COMPANIES, AND ITS LICENSORS DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY LAW.

U.S. Government Restricted Rights: The Software available on the Site and accompanying documentation that is downloaded from this Server for or on behalf of the United States of America, its agencies and/or instrumentalities are provided with Restricted Rights. You agree to meet all requirements necessary to ensure that the Federal Government will honor such rights. Disclosure, use or reproduction of the Software and accompanying documentation are subject to restrictions set forth at [Federal Acquisition Regulation 52.227-14, when applicable, or in the Department of Defense Federal Acquisitions Regulations Supplement 252.227-7013.]

Export Controls: Software from this Site is further subject to United States Export Controls. No software from this Site may be downloaded or exported (i) into (or to a national or resident of) any country to which the United States has embargoed goods; or (ii) to anyone on the United States Treasury Department’s list of Specially Designated Nationals or using the Commerce Department’s Table of Deny Orders. By downloading any Software, you represent and warrant that you are not located in, or under the control of, or a national or resident of any such country or on any such list.

User Communications:
Other than Personally Identifiable Information, which is defined and covered in the Fagerman Technologies Inc Privacy Statement, any material, information or other communication you send or post to this Site (“Communications”) will be considered non-confidential and non-proprietary. FAGERMAN TECHNOLOGIES INC. will have no obligations with respect to the Communications.

By posting, uploading, adding, communicating, storing, or otherwise transmitting Communications on, to, or through the Site, you understand and agree that you are giving FAGERMAN TECHNOLOGIES INC. a royalty free, irrevocable, perpetual, non-exclusive and fully sub licensable license to edit, alter, broadcast, post, publish, copy, disclose, distribute, perform, create derivative works from, incorporate and otherwise use the Communications and images, sounds, text, and other things embodied therein for any and all purposes, including commercial, promotional, or marketing purposes throughout the world in any form, medium, or technology now known or later developed. However, you agree that FAGERMAN TECHNOLOGIES INC. has no obligation to use any idea or material contained in a Communication and you have no right to compel such use.

You agree that none of your Communications will include material that:

  • is unlawful, threatening, libelous, defamatory, indecent, obscene, pornographic, or that may violate any law;
  • could interfere with anyone else’s use of the Site;
  • encourages or incites anyone to break the law;
  • violates the rights of any party, including copyrights and other property right and rights of privacy, or that includes personal or sensitive information regarding yourself or another person;
  • contains a virus or any other harmful or potentially harmful component; or
  • contains any false or misleading statements of fact or descriptions of the origin of the material or the communication.

Although you are solely responsible for the content you provide, FAGERMAN TECHNOLOGIES INC. may, but is not required to, monitor Communications. If FAGERMAN TECHNOLOGIES INC. becomes aware of Communications that violate these Terms of Use or that it believes to be obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable, FAGERMAN TECHNOLOGIES INC. may act to restrict access to or availability of this material, without notice to you and in its sole discretion, or may take other action as described elsewhere in these Terms of Use.

If you notice that any other user’s submissions appear to violate these Terms of Use, or if any other user ever makes you feel harassed or unsafe, please contact FAGERMAN TECHNOLOGIES INC. by e-mailing support@medlookusa.com or support@lidarusa.com respectively.

Internet transmissions are never completely private or secure. You understand that any Communications that you send to this Site may be read or intercepted by others. By sending Communications to FAGERMAN TECHNOLOGIES INC., you release FAGERMAN TECHNOLOGIES INC. of any duty or obligation it might otherwise have to review or act in response to the Communication, and of any duty or obligation that it might otherwise have to you in connection with any action it chooses to take in response to your Communication.

CONTESTS, SWEEPSTAKES AND OTHER PROMOTIONS

This Site may contain coupons, contests, sweepstakes or other promotions (“Promotions”) that offer prizes or require you to send in material or information about yourself. Each Promotion has its own rules, which you must read and agree to before you may enter. Please also see FAGERMAN TECHNOLOGIES INC.’s Privacy Statement for further information concerning coupons, contests, sweepstakes and other promotions administered by FAGERMAN TECHNOLOGIES INC..

AVAILABILITY OF PRODUCTS AND SERVICES

The products and services displayed on this Site are intended for sale in the United States only and may not be available for purchase in your particular country or locality. The reference to such products and services in the Site does not imply or warrant that these products or services will be available at any time in your particular location.

SITE INFORMATION REGARDING FAGERMAN TECHNOLOGIES INC. PRODUCTS AND SERVICES, INCLUDING THEIR AVAILABILITY, APPEARANCE, PRICE AND SPECIFICATIONS IS SUBJECT TO CHANGE WITHOUT NOTICE. SUCH INFORMATION DOES NOT CONSTITUTE A REPRESENTATION, WARRANTY OR OTHER COMMITMENT BY FAGERMAN TECHNOLOGIES INC. WITH RESPECT TO ANY PRODUCT OR SERVICE AND FAGERMAN TECHNOLOGIES INC. HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, AS TO THE ACCURACY. MERCHANTABILITY, SUITABILITY FOR ANY PARTICULAR PURPOSE OR COMPLETENESS THEREOF.

DISCLAIMER

YOUR USE OF THE SITE IS SOLELY AT YOUR OWN RISK. THIS SITE (INCLUDING ALL CONTENT AND FUNCTIONS MADE AVAILABLE ON OR ACCESSED THROUGH THIS SITE) IS PROVIDED “AS IS.” TO THE FULLEST EXTENT PERMISSIBLE BY LAW, FAGERMAN TECHNOLOGIES INC. MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER (1) FOR THE ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF ANY CONTENT PUBLISHED ON OR AVAILABLE THROUGH THE SITE, (2) THAT THE SERVER THAT MAKES THIS SITE AVAILABLE IS FREE OF VIRUSES OR OTHER COMPONENTS THAT MAY INFECT, HARM OR CAUSE DAMAGE TO YOUR COMPUTER EQUIPMENT OR ANY OTHER PROPERTY WHEN YOU ACCESS, BROWSE, DOWNLOAD FROM OR OTHERWISE USE THE SITE, (3) THAT FAGERMAN TECHNOLOGIES INC. WILL CONTINUE TO PROVIDE THE SITE OR, IF IT DOES CONTINUE TO PROVIDE THE SITE, THAT THE SITE WILL CONTINUE TO PROVIDE THE SERVICES IT CURRENTLY PROVIDES OR THAT THE SITE WILL FUNCTION THE WAY THAT IT CURRENTLY DOES; OR (4) THAT ANY OF YOUR COMMUNICATIONS WILL BE RETAINED OR STORED ON THE SITE FOR ANY PARTICULAR AMOUNT OF TIME.

OTHER USERS OF THE SITE MAY SUBMIT COMMUNICATIONS IN A WAY THAT IS PUBLICLY ACCESSIBLE, AND FAGERMAN TECHNOLOGIES INC. CANNOT PREDICT THE COMMUNICATIONS THAT USERS POST. FAGERMAN TECHNOLOGIES INC. THEREFORE DOES NOT WARRANT OR REPRESENT THAT THE CONTENT ON THE SITE WILL BE APPROPRIATE FOR ANY PARTICULAR AUDIENCE OR THAT YOU WILL NOT BE HARMED BY VIEWING THE CONTENT ON THE SITE. BECAUSE ACCESSING THE SITE IS INHERENTLY RISKY, YOU ASSUME ALL RISKS ASSOCIATED WITH YOUR DECISION TO ACCESS IT.

UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO FAGERMAN TECHNOLOGIES INC. ‘S NEGLIGENCE OR GROSS NEGLIGENCE, WILL FAGERMAN TECHNOLOGIES INC., OR ANY OTHER PARTY INVOLVED IN CREATING, HOSTING OR DELIVERING THE SITE, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR OTHER DAMAGES WHATSOEVER ARISING OUT OF YOUR ACCESS TO, OR USE OF, THE SITE, EVEN IF FAGERMAN TECHNOLOGIES INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. PLEASE NOTE THAT SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR CONDITIONS, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THE EXCLUSION OF IMPLIED WARRANTIES.

FAGERMAN TECHNOLOGIES INC. DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, TO THE GREATEST EXTENT PERMITTED BY LAW. FAGERMAN TECHNOLOGIES INC. ALSO ASSUMES NO RESPONSIBILITY, AND WILL NOT BE LIABLE FOR, ANY DAMAGE TO OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY, OR FOR ANY LOSS OR CORRUPTION OF DATA ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE SITE, OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THE SITE. NOTWITHSTANDING THE LIMITATION OF LIABILITY CONTAINED HEREIN, IN NO EVENT SHALL FAGERMAN TECHNOLOGIES INC. ‘S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SITE.

INDEMNIFICATION

You agree to indemnify, defend and hold FAGERMAN TECHNOLOGIES INC. and all of its agents, directors, employees, information providers, licensors and licensees, officers and parent, (collectively “Indemnified Parties”) harmless from and against any and all liability and costs (including, without limitation attorneys’ fees and costs), incurred by the Indemnified Parties in connection with your use of the Site or any claim in connection with or resulting from any breach by you of these Terms of Use. You agree to cooperate fully in FAGERMAN TECHNOLOGIES INC.’s defense of any such claim. You agree that FAGERMAN TECHNOLOGIES INC. shall be entitled to select its own counsel, at your expense, to defend it in connection with any claim subject to indemnification by you. You agree that FAGERMAN TECHNOLOGIES INC., and not you, will have control over the defense of any such claim. You further agree that you will not in any event settle any matter involving FAGERMAN TECHNOLOGIES INC., whether or not the settlement binds or is on behalf of FAGERMAN TECHNOLOGIES INC., without the written consent of FAGERMAN TECHNOLOGIES INC..

TERMINATION

FAGERMAN TECHNOLOGIES INC. may terminate this agreement and/or suspend or terminate your access to the Site or Software for any reason at any time without notice to you. If you wish to discontinue your access to the Site and cancel any account that you have been issued, please refer to the supplemental terms of that particular subsite or service.

Otherwise applicable sections of the Terms of Use shall survive any termination of your account or this agreement. In particular, because the licenses you grant to us in your Communications are perpetual, these licenses survive any termination of this agreement.

APPLICABLE LAWS

This Site is administered by FAGERMAN TECHNOLOGIES INC. from its offices in Somerville, Alabama, United States of America.

LiDAR USA is intended for use by any in the world, subject to the United States Export Controls. No software from this Site or service performed by LiDAR USA may be downloaded or exported (i) into (or to a national or resident of) any country to which the United States has embargoed goods; or (ii) to anyone on the United States Treasury Department’s list of Specially Designated Nationals or using the Commerce Department’s Table of Deny Orders. By downloading any Software, you represent and warrant that you are not located in, or under the control of, or a national or resident of any such country or on any such list. These Terms of Use are governed and interpreted under the laws of the State of Alabama. You agree that any claim or dispute against FAGERMAN TECHNOLOGIES INC. arising out of or relating to the use of this Site must be resolved by a court located in Alabama unless otherwise agreed upon by all parties.

MedLook USA is intended only for use by residents of the United States of America. These Terms of Use are governed and interpreted under the laws of the State of Alabama. You agree that any claim or dispute against FAGERMAN TECHNOLOGIES INC. arising out of or relating to the use of this Site must be resolved by a court located in Alabama unless otherwise agreed upon by all parties.

GENERAL PROVISIONS

These Terms of Use and the FAGERMAN TECHNOLOGIES INC. Privacy Statement, which is available from our website is part of this agreement and are incorporated herein by reference, se. You acknowledge that any other agreements between you and FAGERMAN TECHNOLOGIES INC. with respect to the Site are superseded and of no force or effect. If any provision of these Terms of Use shall be determined to be unlawful, void or for any reason unenforceable by a court or other legal authority of competent jurisdiction, then that provision will be severed from these Terms of Use and will be deemed replaced by an equivalent enforceable provision that, as nearly as possible, reflects the intent of the parties. The severance of any individual provision of these Terms of Use will not affect the validity and enforceability of any remaining provisions.

BY CONTINUING TO USE THE SITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE.

 

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