Terms and Conditions

Terms and Conditions of Website Use
These Terms and Conditions of Website Use (“Terms of Use”) apply to the Arcos website burnnav.net. By using the website, you agree to these Terms of Use; if you do not agree, do not use the website.

Content
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including, but not limited to, the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the website is owned by or licensed to Arcos, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
Except as expressly provided in these Terms of Use, no part of the website and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without Arcos’ express prior written consent.

Demo
You may use the Burn Navigator Demonstration (“Burn Nav Demo”) to evaluate the software with respect to a purchase decision.
You may not use Burn Nav Demo for patient care.
If you or your organization is an Arcos customer, you may use Burn Nav Demo for your own, or your organization’s own, in-service, training or familiarization purposes. All other purposes are forbidden.
You may download a copy of the data you entered into Burn Nav Demo only to evaluate the software with respect to a purchase decision. You may share a copy of the data you enter with others in your organization.

Privacy
Arcos’ Privacy Policy applies to use of this website. The Privacy Policy terms are made a part of these Terms of Use by this reference. To view the Privacy Policy, click on the link in the website footer.

Your Obligations for Accounts and Passwords
Certain features or services on the website may require you to register as a user and open an account (including providing an email address and password). You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for activity that occurs under your account.
The Burn Navigator Web product is designed to allow multiple people to care for a patient. To facilitate continuity of care at shift changes, you may allow another care provider of your hospital or user group to continue using the Burn Navigator Web software on your account without logging out and requiring the other user to log in. The tradeoff to this convenience means that the Burn Navigator Web software does not and cannot perform an audit trail of data entered by users. Except for this scenario, you should not allow other users to use your account.
You agree to notify Arcos immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by Arcos or any other user of or visitor to the website due to someone else using your password or account as a result of your failing to keep your account information secure and confidential.
Except for the scenario identified above, you may not use anyone else’s account at any time. Arcos cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.

Disclaimers
ARCOS DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. ARCOS CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. ARCOS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ARCOS DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY ARCOS SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST ARCOS FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.
The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.
Arcos reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the website, or any portion of the website, for any reason; (2) to modify or change the website, or any portion of the website, and any applicable policies or terms; and (3) to interrupt the operation of the website, or any portion of the website, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

Limitation of Liability
Except where prohibited by law, in no event will Arcos be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if Arcos has been advised of the possibility of such damages.
If, notwithstanding the other provisions of these Terms of Use, Arcos is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the website or any Content, Arcos’ liability shall in no event exceed the greater of (1) the total of any subscription, license or similar fees with respect to any service or feature of or on the website paid in the twelve months prior to the date of the initial claim made against Arcos, or (2) US$100.00. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.

Prohibited Use
You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the website or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the website or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the website.
You may not attempt to gain unauthorized access to any portion or feature of the website, or any other systems or networks connected to the website or to any Arcos server, or to any of the services offered on or through the website, by hacking, password “mining” or any other illegitimate means.
You may not probe, scan or test the vulnerability of the website or any network connected to the website, nor breach the security or authentication measures on the website or any network connected to the website. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the website, or any other customer of Arcos, including any Arcos account not owned by you, to its source, or exploit the website or any service or information made available or offered by or through the website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the website.
You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the website or with any other person’s use of the website.
You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
You may not use the website or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Arcos or others.

Links to Third Party websites
Our website may contain links to other independent third-party websites (“Third Party Websites”). These links and Third Party Websites are provided solely as a convenience to our visitors. Such Third Party Websites are not under Arcos’ control and Arcos is not responsible for and does not endorse the content of such Third Party Websites, including any information or materials contained on those websites.

Indemnity
You agree to indemnify and hold Arcos, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against Arcos by any third party due to or arising out of or in connection with your use of the website.

Violation of Terms of Use
You agree that Arcos may, in its sole discretion and without prior notice, terminate your access to the website and/or block your future access to the website if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the website.

Miscellaneous
You may not use or export or re-export any Content or any copy or adaptation of such Content, or any product or service offered on the website, in violation of any applicable laws or regulations, including without limitation United States export laws and regulations.
If your organization has a separate agreement whose terms conflict with this Terms of Use, then where such conflict exist, the separate agreement’s terms will rule.
If any of the provisions of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that the Terms of Use shall remain in full force and effect.
Arcos may make changes to any products or services on the website at any time, without notice.
Arcos may modify these Terms of Use, and the agreement they create, from time to time without notice.

If you have any concerns or comments, please contact us.

Updated March 2017