Copyrights
This Site and the materials within it are © 180 Medical. Viewing this Site creates a copy of 180
Medical materials in your computer's random access memory
and/or in your hard drive and/or in your proxy server.
Use License
The 180 Medical (or "180 Medical") and grant
you permission to view this Site and to print individual
pages from this Site for your own personal, noncommercial
use, provided that you agree to and accept without modification
the notices, terms and conditions set forth in this
agreement. You may not modify, copy (except as set forth
in the preceding sentence), distribute, transmit, display,
perform, reproduce, publish, license, create derivative
works from, transfer or sell any information, material,
software, products or services from this Site.
Your use of this Site constitutes your agreement and
acceptance without modification of the notices, terms
and conditions set forth herein. In addition, as a condition
of your use of this Site, you represent and warrant
to 180 Medical that you will not use this Site for any
purpose that is unlawful, immoral or prohibited by these
terms, conditions and notices. If you do not agree and
accept without modification the notices, terms and conditions
set forth herein, do not use this Site. Other than this
agreement and agreements between you and The 180 Medical
relating to the sale of products or services to you
through this Site, 180 Medical will not enter into any
agreement with you or obligation to you through this
Site and no attempt to create such an agreement or obligation
will be effective.
Trademarks
The trademarks, service marks and logos (the "Trademarks")
used and displayed on this Site are registered and unregistered
Trademarks of 180 Medical and others. Nothing on this
Site should be construed as granting, by implication,
estoppel or otherwise, any license or right to use any
Trademark displayed on the Site, without the prior written
permission of the Trademark owner. 180 Medical aggressively
enforces its intellectual property rights to the fullest
extent of the law. The name of The 180 Medical, The
180 Medical logo or the other 180 Medical formatives
may not be used in any way, including in advertising
or publicity pertaining to distribution of materials
on this Site, without prior, written permission from
180 Medical. 180 Medical prohibits use of The 180 Medical
logo as part of a link to or from any site unless establishment
of such a link is approved in advance by 180 Medical
in writing. Fair use of 180 Medical Trademarks requires
proper acknowledgment. Other product and company names
mentioned in this Site may be the Trademarks of their
respective owners.
Links to Third Party Sites
This Site may contain links to Sites owned or operated
by parties other than 180 Medical. Such links are provided
for your reference only. The 180 Medical does not control
outside Sites and is not responsible for their content.
The 180 Medical's inclusion of links to an outside Site
does not imply any endorsement of the material on the
Site or, unless expressly disclosed otherwise, any sponsorship,
affiliation or association with its owner, operator
or sponsor, nor does 180 Medical's inclusion of the
links imply that 180 Medical is authorized to use any
trade name, trademark, logo, legal or official seal
or copyrighted symbol that may be reflected in the linked
Site.
Cautionary Statement Pursuant to the Private Securities
Litigation Reform Act of 1995
Statements of 180 Medical's expectations, sales growth,
earnings performance and similar financial and operating
measures found in the press releases, and other materials
found on this site constitute "forward-looking
statements" as defined in the Private Securities
Litigation Reform Act of 1995. Words or phrases such
as “should result,” “are expected
to,” “we anticipate,” “we estimate”
or “we project,” as well as other similar
expressions are intended to assist readers in identifying
these “forward-looking statements.” Such
statements are based on the currently available operating,
financial and competitive information as of the date
of such statements and are subject to various risks
and uncertainties that could cause actual results to
differ materially from the company's historical experience
and its stated expectations. These risks and uncertainties
include, but are not limited to, fluctuations in and
the overall condition of the U.S. economy, stability
of costs and availability of sourcing channels, conditions
affecting new store development, the company's ability
to attract, train and retain highly-qualified associates,
unanticipated weather conditions, the impact of competition
and regulatory and litigation matters. Undue reliance
should not be placed on such forward-looking statements,
as such statements speak only as of the date on which
they are made. Additional information regarding these
and other risks is contained in the company's periodic
filings with the Securities and Exchange Commission.
The 180 Medical also may make employment information
available through this Site. The 180 Medical is an equal
opportunity employer. The 180 Medical provides equal
employment opportunity to qualified persons without
regard to race, color, religion, sex, national origin,
age, veteran status or disability. The 180 Medical's
policy relates to all phases of employment including
recruitment, placement, promotion, training, demotion,
transfer, layoff, recall and termination, rates of pay,
employee benefits and participation in all company-sponsored
employee activities.
THE INFORMATION AND MATERIALS IN THIS SITE ARE PROVIDED
FOR YOUR REVIEW IN ACCORDANCE WITH THE NOTICES, TERMS
AND CONDITIONS SET FORTH HEREIN. THESE MATERIALS DO
NOT NECESSARILY REFLECT THE OPINIONS OF THE 180 MEDICAL
OR ANY OF ITS AFFILIATES OR AGENTS. THESE MATERIALS
ARE NOT GUARANTEED OR REPRESENTED TO BE COMPLETE, CORRECT
OR UP-TO-DATE. YOU MAY NOT ACT OR RELY ON ANY INFORMATION
OR MATERIALS IN THIS SITE AND YOU PARTICULARLY SHOULD
NOT MAKE ANY INVESTMENT DECISIONS BASED ON ANY INFORMATION
OR MATERIALS IN THIS SITE. YOU MUST INDEPENDENTLY VERIFY
THE ACCURACY OF ALL SUCH INFORMATION AND MATERIALS BEFORE
ACTING OR RELYING THEREON OR MAKING ANY INVESTMENT DECISIONS
IN CONNECTION THEREWITH. THESE MATERIALS MAY BE CHANGED
FROM TIME TO TIME WITHOUT NOTICE.
NO WARRANTIES; EXCLUSION OF LIABILITY
THE 180 MEDICAL AND MAKE NO REPRESENTATION ABOUT THE
SUITABILITY OF THE MATERIALS ON THIS SITE FOR ANY PURPOSE.
ALL SUCH MATERIALS ARE PROVIDED "AS IS" WITHOUT
WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. THE 180 MEDICAL
SPECIFICALLY DISCLAIM ALL WARRANTIES AND CONDITIONS
OF ANY KIND, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
TITLE AND -NON-INFRINGEMENT. THE 180 MEDICAL SHALL HAVE
ANY LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS
IN THE CONTENT OF THIS SITE, FOR YOUR ACTION OR INACTION
IN CONNECTION WITH THIS SITE OR FOR ANY DAMAGE TO YOUR
COMPUTER OR DATA OR ANY OTHER DAMAGE YOU MAY INCUR IN
CONNECTION WITH THIS SITE. YOUR USE OF THIS SITE IS
AT YOUR OWN RISK. IN NO EVENT SHALL EITHER THE 180 MEDICAL,
ITS AFFILIATES OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT,
PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES
ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE
OF THIS SITE, THE MATERIALS IN THIS SITE, THE DELAY
OR INABILITY TO USE THIS SITE OR OTHERWISE ARISING IN
CONNECTION WITH THIS SITE, WHETHER BASED ON CONTRACT,
TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED
OF THE POSSIBILITY OF ANY SUCH DAMAGES.
SOME STATES AND/OR JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL
DAMAGES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
Contacting Us
If you have any questions about this agreement, please
call us at 1-877-688-2729, or log on to www.180medical.com/contactus.
Although The 180 Medical will in most circumstances
be able to receive your e-mail or other information
provided through this Site (including, without limitation,
service requests and other submissions), The 180 Medical
does not guarantee that it will receive all such e-mail
or other information timely and accurately and shall
not be legally obligated to read, act on or respond
to any such e-mail or other information. Be aware that
Internet e-mail typically is not secure.
General
This Site resides on a server in New Jersey, USA.
You agree that this agreement and your use of this Site
are governed by the laws of the State of New Jersey,
USA. You hereby consent to the exclusive jurisdiction
and venue of the courts, tribunals, agencies and other
dispute resolution organizations in New Jersey, USA
in all disputes (a) arising out of, relating to, or
concerning this Site and/or this agreement, (b) in which
this Site and/or this agreement is an issue or a material
fact, or (c) in which this Site and/or this agreement
is referenced in a paper filed in a court, tribunal,
agency or other dispute resolution organization. Use
of this Site is unauthorized in any jurisdiction that
does not give full effect to all provisions of this
agreement, including without limitation this paragraph
and the warranty disclaimers and liability exclusions
above. The 180 Medical has endeavored to comply with
all legal requirements known to it in creating and maintaining
this Site, but makes no representation that materials
on this Site are appropriate or available for use in
any particular jurisdiction. Use of this Site is unauthorized
in any jurisdiction where all or any portion of this
Site may violate any legal requirements and you agree
not to access this Site in any such jurisdiction. You
are responsible for compliance with applicable laws.
Any use in contravention of this provision or any provision
of this agreement is at your own risk and, if any part
of this agreement is invalid or unenforceable under
applicable law, the invalid or unenforceable provision
will be deemed superseded by a valid, enforceable provision
that most closely matches the intent of the original
provision and the remainder of the agreement shall govern
such use.
With the prior agreement of 180 Medical, any claim,
dispute or controversy arising out of, relating to or
concerning this Site and/or this agreement shall be
decided by binding arbitration in accordance with the
Rules of the American Arbitration Association and any
such arbitration proceedings shall be brought and held
in New Jersey, USA. The decisions of the arbitrators
shall be binding and conclusive upon all parties involved
and judgment upon any award of the arbitrators may be
entered by any court having competent jurisdiction.
This provision shall be specifically enforceable in
any court of competent jurisdiction.
You agree that The 180 Medical may at any time and
without notice change the terms, conditions and notices
under which this Site is offered.
You agree that no joint venture, partnership, employment
or agency relationship exists between you and 180 Medical
as a result of this agreement or your use of this Site.
The 180 Medical's performance of this agreement is subject
to existing laws and legal process and nothing contained
in this agreement is in derogation of The 180 Medical's
right to comply with law enforcement requests or requirements
relating to your use of this Site or information provided
to or gathered by The 180 Medical with respect to such
use.
This agreement, the privacy and security statement,
and terms of sale constitute the entire agreement between
you and 180 Medical with respect to this site. This
agreement supersedes all prior or contemporaneous communications
and proposals, whether electronic, oral or written,
between you and The 180 Medical with respect to this
Site. No modification of this agreement shall be effective
unless it is authored by The 180 Medical, Inc. or its
affiliates, or unless it is physically signed in blue
ink by a 180 Medical officer. Any alleged waiver of
any breach of this agreement shall not be deemed to
be a waiver of any future breach. A printed version
of this agreement and/or of any notice given by The
180 Medical in electronic form shall be admissible in
judicial or administrative proceedings based upon or
relating to this agreement or your use of this Site
to the same extent and subject to the same conditions
as other business documents and records originally generated
and maintained by 180 Medical in printed form.
Copyright © 2004 - 2006 180 Medical. All Rights Reserved.
August 21, 2006
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