Terms and Conditions of Use

Welcome to the web site operated by Critical Health Systems, Inc. d/b/a Instream ("Instream"). This Instream web site (the "Instream Web Site" or the "Web Site") provides general information about Instream free of charge.

All uses of the Instream Web Site are subject to the following terms and conditions of use (these "Terms of Use").

Please read these Terms of Use carefully before accessing or using any part of this Web Site. By accessing or using this Web Site, you agree that you have read, understand and agree to be bound by these Terms of Use, as amended from time to time, as well as the Instream Privacy Policy, which is hereby incorporated into these Terms of Use. If you do not wish to agree to these Terms of Use, do not access or use any part of this Web Site.

Instream may revise and update these Terms of Use at any time by posting the amended terms to this Web Site. Your continued use of the Instream Web Site means that you accept and agree to the revised Terms of Use. If you disagree with the Terms of Use (as amended from time to time) or are dissatisfied with this Web Site, your sole and exclusive remedy is to discontinue using this Web Site.

COPYRIGHT RESTRICTIONS/USE OF CONTENT
The entire contents of this Web Site (including all information, software, text, displays, images and audio) and the design, selection and arrangement thereof, are proprietary to Instream or its licensors and are protected by United States and international laws regarding copyrights, trademarks, trade secrets and other proprietary rights. You are authorized only to use the content on the Instream Web Site for personal use. You may not copy, modify, create derivative works of, publicly display or perform, republish, store, transmit or distribute any of the material on this site without the prior written consent of Instream, except to: (a) store copies of such materials temporarily in RAM, (b) store files that are automatically cached by your web browser for display enhancement purposes, and (c) print a reasonable number of pages of the Instream Web Site; provided in each case that you do not alter or remove any copyright or other proprietary notices included in such materials. Neither the title nor any intellectual property rights to any information or material on this Web Site are transferred to you, but remain with Instream or the applicable owner of such content. Except as expressly authorized by Instream in writing, you may not reproduce, sell or exploit for any commercial purposes (a) any part of this Web Site, (b) access to this Web Site, or use of this Web Site or of any services or materials available through this Web Site.

TRADEMARKS
The terms "Instream" and "Critical Health Systems" are trademarks and the Instream and Critical Health Systems logo and all related product and service names, designs and slogans are Instream trademarks. You may not use such marks without Instream's prior written permission. All other names, brands and marks are used for identification purposes only and may be trademarks or registered trademarks of their respective owners.

MEDICAL ADVICE IS NOT PROVIDED ON THIS WEB SITE
The information and content contained on the Instream Web Site is for informational purposes only and is never intended to be a substitute for or relied on for professional medical advice, diagnosis or treatment.

If you think you may be experiencing a medical emergency, immediately call your doctor or 911. You should always seek the advice of your physician or other qualified health provider concerning your health or any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking such advice because of information or opinions on the Instream Web Site.

Instream does not recommend or endorse any specific tests, products, equipment, procedures, opinions, or other information that may be mentioned on the Web Site, and Instream does not make any representations regarding their quality reliability or accuracy. Reliance on any information provided by Instream, Instream employees and medical staff, or other visitors or contributors to the Web Site is solely at your own risk.

LIABILITY OF INSTREAM AND ITS LICENSORS
Instream does not assume any liability for the materials, information and opinions provided on, or available through, the Instream Web Site (the "Site Content"). Reliance on the Site Content is solely at your own risk. Instream disclaims any liability for injury or damages resulting from the use of any Site Content.

THE INSTREAM WEB SITE, THE SITE CONTENT AND THE PRODUCTS AND SERVICES PROVIDED ON OR AVAILABLE THROUGH THIS WEB SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH ALL FAULTS. NEITHER INSTREAM NOR ANY PERSON ASSOCIATED WITH INSTREAM MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE QUALITY, ACCURACY OR AVAILABILITY OF THE INSTREAM WEB SITE. SPECIFICALLY, BUT WITHOUT LIMITING THE FOREGOING, NEITHER INSTREAM NOR ANYONE ASSOCIATED WITH INSTREAM WARRANTS OR REPRESENTS THAT THE INSTREAM WEB SITE, THE SITE CONTENT OR THE SERVICES PROVIDED ON OR THROUGH THIS WEB SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; THAT THE INSTREAM WEB SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT THE INSTREAM WEB SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. INSTREAM DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. IN NO EVENT WILL INSTREAM OR ITS LICENSORS OR CONTRACTORS BE LIABLE FOR ANY DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE INSTREAM WEB SITE, THE SITE CONTENT, ANY SERVICES PROVIDED ON OR THROUGH THIS WEB SITE OR ANY LINKED SITE, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, LOST PROFITS OR DAMAGES RESULTING FROM DELAY, INTERRUPTION IN SERVICE, VIRUSES, DELETION OF FILES OR ELECTRONIC COMMUNICATIONS, OR ERRORS, OMISSIONS OR OTHER INACCURACIES IN THE INSTREAM WEB SITE OR THE SITE CONTENT, WHETHER OR NOT THERE IS NEGLIGENCE BY INSTREAM AND WHETHER OR NOT INSTREAM HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.

INDEMNIFICATION
You agree to indemnify and hold harmless Instream and its officers, directors, employees, agents, affiliates, third-party information providers, licensors and others involved in the Instream Web Site or the delivery of products, services or information from the Instream Web Site, from and against any and all liabilities, expenses, damages and costs, including reasonable attorney's fees, arising from any violation by you of this Agreement or your use of the Instream Web Site or any products, services or information obtained from this Web Site.

PRIVACY; PROTECTION OF PERSONAL INFORMATION
Instream's use of your personal information and your responsibilities in connection with protecting your privacy are described in our privacy policy and is incorporated by reference into these Terms of Use.

COMMENTS AND SUBMISSIONS
Instream welcomes your comments. All comments, suggestions or other information sent by you to this Web Site for internal use by Instream or its advertisers or business partners or in response to solicitations on this Web Site, will become Instream's property, and you agree that all intellectual property rights therein are transferred to Instream. You understand that any postings to publicly available portions of the Instream Web Site are non-confidential for all purposes.

LINKS TO OTHER SITES
The Instream Web Site may contain links to other web sites on the Internet. Instream is not responsible for and does not endorse the content, products or services of any third-party web sites, including, without limitation, sites framed within the Instream Web Site or third-party advertisements, and does not make any representations regarding their quality, content or accuracy. Your use of third-party web sites is at your own risk and subject to the terms and conditions of use for such web sites.

If you choose to correspond, participate in a promotion or engage in transactions with any merchant linked to through this Web Site, you acknowledge and agree that Instream is not a party to, and will not be responsible for, your interaction with such merchant, including its treatment of your information and the terms and conditions applicable to any transaction between you and the merchant. The terms of your interaction with any merchant are solely between you and such merchant. You agree that Instream will have no responsibility or liability for any loss or damage of any kind that you may suffer as the result of any such interaction or the presence of links to such merchants on this Web Site.

COMPLIANCE
The owner of this Web Site is based in the State of North Carolina, USA. Instream makes no representation that materials in this Web Site are appropriate or available for use in other locations. If you access this Web Site from other locations, you are responsible for complying with local laws.

CONTACT
If you become aware of any content that may infringe the copyright of a third party or that you believe to be in violation of these Terms of Use, Please contact us at:

Instream
3100 Spring Forest Road
Suite 130
Raleigh, NC 27616

MISCELLANEOUS
These Terms of Use shall be governed in all respects by and construed in accordance with the laws of the State of North Carolina, USA, without regard to its conflicts of law principles. These Terms of Use, as they may be amended from time to time, completely and exclusively state the agreement between you and Instream with respect to the Instream Web Site, and no other terms that may have been communicated to you orally or in any other manner shall have any force or effect. Any cause of action you may have with respect to the Instream Web Site must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. Exclusive jurisdiction over any cause of action arising out of these Terms of Use or your use of the Instream Web Site shall be in the state or federal courts located in Raleigh, North Carolina. You agree to submit to the jurisdiction of such courts.

If any part of these Terms of Use is unenforceable, the unenforceable part shall be construed to reflect, as nearly as possible, the original intentions of the parties. The other provisions of these Terms of Use shall remain in full force and effect.

Instream's failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not constitute a waiver of the provision. Neither a course of dealing or conduct between you and Instream nor any trade practices shall be deemed to modify these Terms of Use.

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