Effective Date: October, 2018
Last Updated: October, 2018
Similasan Corporation USA
Similasan Corporation and its affiliates ("Similasan") are happy to make this Website and the materials on this Website (collectively, the "Website") available for your informational purposes only. Please read these Terms of Use ("Terms") before using this Website. By using this Website, you agree to all of these Terms. Please note that we reserve the right to change or replace these Terms, in whole or in part, at any time without notice by updating this posting.
CERTAIN ACKNOWLEDGEMENTS
You acknowledge and agree with each of the following:
Similasan is not engaged in rendering medical or similar professional services or advice. The information on this Website is not intended to, and does not, replace medical advice offered by a healthcare provider. If you require medical advice, please consult a professional healthcare provider. You agree not to rely on any information on the Website to make health-related decisions.
Similasan may terminate, change, suspend or discontinue any aspect of this Website, including the availability of any features or Content (as defined below) at any time.
Similasan may impose limits on certain features and services or restrict your access to parts or all of this Website without notice or liability. Similasan may terminate your use of this Website at any time at its sole discretion.
Similasan does not warrant that the functions or informational materials contained in or accessed through this Website are free of computer viruses or other harmful components.
You agree that Similasan 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 Similasan determines that you have violated these Terms of Use or other agreements or guidelines associated with your use of the Website. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to Similasan, for which monetary damages would be inadequate, and you consent to Similasan obtaining any injunctive or equitable relief that Similasan deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Similasan may have at law or in equity.
You agree to indemnify and hold Similasan, its existing and future 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 Similasan by any third party due to or arising out of or in connection with your use of the Website.
USER CONDUCT
You agree at all times when using this Website:
• to use this Website solely for your personal, informational, non-commercial, and non-political purpose;
• not to create or use a false identity on this Website;
• not to attempt or actually use another’s account or information;
• not to attempt to obtain unauthorized access to this Website or portions of this Website that are restricted from general access;
• not to disrupt or interfere with any other user’s enjoyment of this Website or linked websites;
• not to introduce viruses, corrupted data or other harmful, disruptive or destructive files;
• not to disrupt or interfere with the security of this Website and any services, system resources, servers or networks connected to or accessible through this Website or linked websites;
• not to violate any law, contract, intellectual property or other third-party right or commit a tort; and
• not to transmit through or on this Website spam, chain letters, junk mail or any other type of unsolicited mass email to people or entities who have not agreed to be part of such mailings.
PROPRIETARY RIGHTS
You acknowledge and agree that all text, graphics, drawings, video, audio, product or service listings, design, configurations, files, software and other Content provided on this Website and the selection and arrangement of the same (collectively "Content") is protected by U.S. and international intellectual property laws, including without limitation copyright. You further acknowledge and agree that Similasan and licensors are and remain the owners of the Content and all intellectual property rights embodied therein. Similasan makes the Content available to you solely for your personal, informational and non-commercial use. You may not copy, modify, distribute, publicly perform or display, frame, republish, post, transmit or sell the Content or any portion thereof in any form or by any means, without Similasan's prior written consent. You may not extract, collect or harvest, through electronic means or otherwise, any data or data fields from this Website.
All trademarks, service marks, product names, company names and logos on this Website (the "Marks") are the property of Similasan or its affiliates or licensors. You may not copy or use any of the Marks, or any marks likely to cause confusion, without the prior written consent of Similasan.
Nothing contained in this Website will be construed as conferring any right or license to any party. All rights not expressly granted herein are reserved to Similasan; there are no implied licenses granted under these Terms.
LINKS AND THIRD PARTY CONTENT
This Website might include links to third party Websites. Similasan makes these links available as a convenience to you but their inclusion on the Website does not constitute an endorsement, sponsorship or recommendation by Similasan of the linked Websites or any Content, services or products available on or through such Websites or the companies associated with such Websites.
Similasan does not review or control the Content of third party Websites, including without limitation the privacy policies governing such sites. Similasan expressly disclaims any responsibility for the Content of any third party Website linked to this Website. If you link to any third party Website, you do so strictly at your own risk. Similasan urges you to read the privacy policies at each of the Websites you visit.
NOTICE ON TESTIMONIALS
In accordance with the Federal Trade Commission ("FTC") guidelines concerning use of endorsements and testimonials in advertising, you should be aware of the following:
Testimonials posted on our Website are given verbatim, provided that we might have corrected grammatical or typing errors and might have shortened the testimonial if it were lengthy or repetitive
DISCLAIMERS AND LIMITATION OF LIABILITY
Similasan and licensors make available this Website on an "as is" and "as available" basis for your personal, informational and non-commercial purposes only. Similasan makes no representation or warranty that this Website or its Content will meet your requirements, or that this Website or its Content will be uninterrupted, timely, secure or error free. Similasan does not make any warranty as to the results that may be obtained from use of, or the accuracy, completeness or reliability of, this Website or the Content. You expressly agree that use of this Website is at your sole risk.
To the fullest extent permissible under applicable law, Similasan and licensors disclaim all warranties of any kind, whether express, implied or statutory, including without limitation any implied warranty of merchantability, fitness for a particular purpose and title and non-infringement.
Under no circumstances will Similasan, it's officers, directors, employees, agents, licensors or suppliers be liable to any party for any direct, indirect, incidental, special, exemplary or consequential damages, whether based on contract, tort, negligence, strict liability or otherwise, in connection with any use of or the inability to use this Website or the Content or any Content or services accessible through this Website, or any Website linked to this Website, including without limitation damages for loss of profits, use, data or other intangibles, even if Similasan has been advised of the possibility of such damages. If, notwithstanding the other provisions of these Terms of Use, Similasan is found to be liable to you for any damage or loss which arises out of or is any way connected with your use of this Website, Similasan’s liability shall in no event exceed $1,000.
The above disclaimers and limitation of liability apply to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, security breach, 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, and shall apply to the fullest extent permitted by the law of the applicable jurisdiction.
You acknowledge that Similasan does not control information, products or services offered by third parties through this Website. Similasan and its affiliates assume no responsibility for and make no representation or warranty as to the accuracy, currency, completeness, reliability or usefulness of any advice, opinion, statement or other Content or of any products or services distributed or made available by any third party. Some states and jurisdictions do not allow the limitation or exclusion of certain warranties or conditions; thus, the above limitations might not apply to you. If you are dissatisfied with any portion of this Website or with any of these Terms, then the sole and exclusive remedy for you is to discontinue using this Website.
Notices and Procedure for Making Claims of Copyright Infringement
If you believe that anything on the Website infringes upon any copyright which you own or control, you may file a notification of such infringement with our Designated Agent as set forth below.
Name of Agent Designated: Director of Marketing of Similasan
Address Where Notification Should be Sent: Similasan USA 1805 Shea Center Drive, suite 270 Highlands Ranch CO 80129
Telephone Number: 303-539-4060
Please see 17 U.S.C. § 512(c)(3) for the requirements of a proper notification. You should note that if you knowingly misrepresent in your notification that the material or activity is infringing, you will be liable for any damages, including costs and attorneys’ fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.
DISPUTE RESOLUTION
You agree that all matters relating to your access to or use of the Website, including all disputes, will be governed by the laws of the United States and by the laws of the State of Colorado without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in Denver, Colorado, and waive any objection to such jurisdiction or venue. Any claim under these Terms of Use must be brought within one year after the cause of action arises, or such claim or cause of action is barred. The prevailing party will be entitled to costs and attorneys’ fees.
MISCELLANEOUS
These Terms constitute the entire agreement between you and Similasan with respect to your use of this Website. These Terms apply exclusively to your access to and use of this Website and do not alter the terms or conditions of any other agreement that you might have with Similasan. Please note that if you visit the Website of any other Similasan affiliate, then you will be subject to the Website terms of use of such Website, which may differ from these Terms.
Similasan’s failure to insist on or enforce strict performance of these Terms of Use shall not be construed as Similasan’s waiver of any provision or any right it has to enforce these Terms of Use, nor shall any course of conduct between Similasan and you or any other party be deemed to modify any provision of these Terms of Use.
If any provision of these Terms is held invalid or unenforceable by any court of competent jurisdiction, then (i) the provision of the Terms held invalid or unenforceable only in part or degree will remain in full force and effect to the extent not held invalid or unenforceable and (ii) the other provisions of these Terms will remain in full force and effect. The parties further agree to replace such invalid or unenforceable provision, or portion thereof, with a valid and unenforceable provision that will achieve, to the extent possible, the economic, business and other purposes of such invalid or unenforceable provision.
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