Welcome to the J-Pac, LLC (referred to as “J-Pac Medical”, “we”, “us”, or “our” herein) Website (the “Site”). By accessing this Site, you agree to be bound by the terms and conditions below (the “Terms”). If you do not agree to all of the Terms, please do not use the Site. We may from time to time modify or revise the Terms by updating this Web page. Your use of our Site following any such change constitutes your agreement to follow and be bound by the Terms as changed. If any change is unacceptable to you, your only recourse is to terminate your use of the Site.
1. OWNERSHIP RIGHTS:
This web site is owned and operated by J-Pac Medical. (All Materials herein are protected under United States and international copyright laws and are the property of J-Pac Medical or its third party licensors. All rights reserved.) As used in these Terms, “Materials” includes, but is not limited to, software, images, text, audio and all other information, displayed, contained within, or accessible on the Site. No Materials may be copied, reproduced, modified, displayed, republished, uploaded, posted, transmitted, sold or distributed. No right, title or interest in any downloaded Materials is transferred to you as a result of any such downloading or copying. J-Pac Medical retains all right, title and interest in and to all products, processes and all intellectual property rights related thereto. Nothing shall be deemed to grant you any ownership or other rights therein. You agree not to assist others in any unauthorized reproduction, modification, display or distribution of the Materials. Unless expressly agreed to by J-Pac Medical in writing, you may not create derivative works based on the Site or Materials contained therein, in whole or in part. The use of any Materials on any other Website or networked computer environment is prohibited.
All logos, page headers, images and graphics displayed on this Site are service marks, trademarks, and/or trade dress (collectively, “Marks”) of J-Pac Medical or its third party licensors. Except as expressly permitted herein, using, copying, transmitting, displaying, modifying or distributing any Marks in any form or by any means without the express written permission of J-Pac Medical is prohibited and may violate the copyright, trademark, privacy or other laws of the United States and/or other countries.
3. USER COMMENTS:
We appreciate your comments, remarks, feedback, suggestions, ideas and other submissions you disclose or transmit to us (collectively, “Comments”). You grant J-Pac Medical and its affiliates a perpetual, irrevocable, worldwide, royalty-free right and license to use, reproduce, modify, adapt, publish, translate, create derivative works of, distribute, publicly perform and publicly display (in whole or in part) your Comments, your name and any related copyrights, moral rights or other intellectual property rights.
4. LINKS TO OTHER SITES:
This Site may contain links to other web sites (“Linked Sites”) as a convenience to you. J-Pac Medical does not operate or control any information, products or services on the Linked Sites, and neither endorses or approves any products, services or information offered at Linked Sites. You acknowledge and agree that your access or use of any Linked Site is at your own risk.
You agree to defend, indemnify and hold J-Pac Medical, its affiliates and their officers, directors, agents and employees harmless from and against any and all claims, losses, damages, liabilities, costs and expenses, including attorneys’ fees, arising from or related to your (a) User Comments, (b) use of the Site, or (c) violation of any of these Terms.
7. WARRANTY DISCLAIMER:
THE SITE AND ALL ELEMENTS THEREOF ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. J-PAC MEDICAL EXPRESSLY DISCLAIMS ALL SUCH REPRESENTATIONS AND WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. J-PAC MEDICAL DOES NOT WARRANT (A) THAT THIS SITE OR ITS CONTENTS WILL BE COMPLETE, UNINTERRUPTED, SECURE OR ERROR FREE, (B) THAT THE SITE WILL MEET YOUR REQUIREMENTS, (C) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE OR (D) THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ALL INFORMATION ACCESSED ON OR THROUGH THIS SITE IS SUBJECT TO CHANGE WITHOUT NOTICE.
8. LIMITATION OF LIABILITY:
IN NO EVENT SHALL J-PAC MEDICAL, ITS LICENSORS, OR ANYONE ELSE WHO HELPED CREATE, PRODUCE OR DELIVER THIS SITE, BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL OR INCIDENTAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR LOST DATA) ARISING OUT OF OR RELATED TO THE USE OF OR INABILITY TO USE THIS SITE, WHETHER IN AN ACTION UNDER CONTRACT, TORT OR ANY OTHER LEGAL THEORY, EVEN IF J-PAC MEDICAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. J-PAC MEDICAL’S TOTAL LIABILITY FOR ALL CLAIMS ARISING FROM OR RELATING TO THESE TERMS OR USE OF THIS SITE SHALL NOT EXCEED ONE HUNDRED DOLLARS (US$100). SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
9. JURISDICTION AND APPLICABLE LAWS:
This site is administered by J-Pac Medical from its home offices in Somersworth, New Hampshire, U.S.A. Unless otherwise specified, the Materials are presented chiefly for the purpose of promoting J-Pac Medical and its products within the United States. J-Pac Medical makes no representation or warranty that its products are appropriate or available for use in territories outside of the United States. Regulations vary considerably internationally. You agree to be responsible for determining the legality of the use, possession and/or sale of the products within your target jurisdiction(s). You agree to comply with all laws, rules and regulations applicable to your use, possession and/or sale of the products through this Site, including, but not limited to, all United States export control laws, rules and regulations. Without limiting the generality of the foregoing, no products may be exported into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Syria, or any other country to which the United States has embargoed goods; or anyone on the United States Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. J-Pac Medical does not authorize the transfer, by any means, of any products to any jurisdiction prohibited by the United States export laws. You may not use, export or re-export the products in violation of any applicable laws or regulations, including without limitation United States export laws and regulations. If you choose to access this Site from outside the United States, you do so on your own initiative and are solely responsible for any liability arising therefrom. These Terms will be governed by and construed in accordance with the laws of the State of New Hampshire, without giving effect to any principles of conflicts of laws. You and J-Pac Medical each agree to submit to the personal and exclusive jurisdiction of the courts located within Strafford County, New Hampshire, U.S.A.
You agree that J-Pac Medical, in its sole discretion, may suspend or terminate its operation of the Site or your use of the Site (or any portions thereof), and may remove and discard any User Comments or Materials within the Site, for any reason. In the event you fail to comply with the Terms, your right to use the Site will automatically terminate. Upon any termination of the Site, or your use of the Site, you agree to immediately and completely destroy all copies of any Materials downloaded from the Site. You agree that J-Pac Medical shall not be liable to you or any third-party for any termination of the Site, your access to the Site or any removal of any User Comments from the Site.
These Terms constitute the entire agreement between you and J-Pac Medical and supercede and replace any prior agreements, whether written or oral, between you and J-Pac Medical related to the subject matter herein. The failure of J-Pac Medical to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and all other provisions of the Terms shall remain in full force and effect. You agree that regardless of any statute or law to the contrary, you must file any claim or cause of action arising out of or related to use of the Site or otherwise arising out of or related to these Terms within one (1) year after such claim or cause of action arose. The section titles in these Terms are for convenience only and have no legal or contractual effect.
This Site and the contents of this Site, including but not limited to, text, photographs, graphics, illustrations, video, sound, software and other material (all such contents collectively referred to as “Content”) are protected under United States and international copyright laws and are the property of J-Pac Medical or its third party licensors. Except as expressly permitted herein, copying, distributing, transmitting, displaying, modifying, or otherwise using any Content in any form or by any means without the express written permission of J-Pac Medical is prohibited and may violate the copyright laws of the United States and/or other countries. You may view, copy, print, and distribute this Web site subject to the following conditions: (a) the site may be used for informational purposes only; (b) the site may only be used for non-commercial, non-profit purposes and (c) any copy of this Web site, or portion thereof, must include the following copyright notice: Copyright 2013, J-Pac Medical, U.S.A.
All rights reserved.