You understand and agree that the Site is public and is provided to you on an AS IS and AS AVAILABLE basis by 180 Medical, Inc. 180 Medical, Inc. reserves the right to modify, suspend or discontinue the Site with or without notice at any time and without any liability to you.
(1) User Conduct. 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 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.
(2) Termination. You agree that 180 Medical, in its sole discretion, may terminate your access to or use of the Site, at any time and for any reason, including without limitation if 180 Medical believes that you have violated or acted inconsistently with the letter or spirit of this Agreement through the use of the Site. Upon any such termination, your right to use the Site will immediately cease. You agree that any termination of your access to or use of the Site may be effected without prior notice and that 180 Medical may immediately delete all information and files associated with it, and/or bar any further access to such information or files. You agree that neither 180 Medical nor any affiliated entity will be liable to you or any third party for any termination of your access to the Site or to any such information or files, or will be required to make such information or files available to you after any such termination.
(4) Corporate Identification and 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 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 the use of the 180 Medical logos 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.
(5) Proprietary Rights to Content. 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. 180 Medical grants you permission to view this Site and to print individual pages from this Site for your own personal, non-commercial 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.
(6) Copyright Claims. To make a complaint about a copyright violation on the Site, click here.
(7) Forums and Blogs. We do not endorse or guarantee the accuracy of any posting, regardless of whether the posting comes from a user, a guest poster, or from a member of our staff. 180 Medical does not control the messages, information or other content that you or others may provide through the Site. You may use the Site for lawful purposes only.
By using the Site, you agree not to submit, post or transmit through the Site any material or otherwise engage in any conduct that:
· Violates or infringes the rights of others including, without limitation, patent, trademark, trade secret, copyright, publicity, privacy or other proprietary rights;
· Allows you to gain unauthorized access to the Site, or any account, computer system, or network connected to the Site, by means such as hacking, password mining or other illicit means;
· Is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortuous, or contains explicit or graphic descriptions or accounts of, sexual acts;
· Victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
· Collects for marketing purposes any email addresses or other personal information that has been posted by other users of the Site;
· Impersonates any person, business or entity, including 180 Medical and its employees and agents or falsely state or otherwise misrepresent your affiliation with any person, business or entity, including 180 Medical;
· Contains an advertisement or solicitation or encourages others to make a donation;
· Contains viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permit the unauthorized use of a computer or computer network;
· Encourages conduct that would constitute a criminal offense or that gives rise to civil liability or that otherwise encourages others to commit illegal activities or cause injury or property damage to any other person;
· Results in the posting or transmission of any message anonymously or under a false name;
· Permits any person to access, using your account, any features of the Site that may require registration; or
· Results in a single message being posted to more than five areas of the Site, or results in any message being posted to any area of the Site if that message is, in our view, off-topic or in violation of this Agreement.
We require you not to use the Site to violate anyone’s copyright, trademark or other intellectual property rights. By posting or submitting any material to the Site, you are warranting and representing that you own or have the right to post or make such submission of the material, or are making your submission or posting with the express consent of the owner, and that no other party has any right, claim, or interest in the material that you have submitted or posted. You also warrant that all moral rights in any material that you submit to us or post have been waived.
(8) 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. 180 Medical does not control outside sites and is not responsible for their content. 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.
(9) 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.
180 Medical also may make employment information available through this Site. 180 Medical is an equal opportunity employer. 180 Medical provides equal employment opportunity to qualified persons without regard to race, color, religion, sex, national origin, age, veteran status or disability. 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.
(10) Limitation of Liability and Disclaimer of Warranties. 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 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.
180 MEDICAL MAKES 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. 180 MEDICAL SPECIFICALLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND -NON-INFRINGEMENT. 180 MEDICAL SHALL NOT 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 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.
(11) Indemnification. You agree, at your expense, to indemnify, defend and hold harmless 180 Medical, its officers, directors, employees, agents, affiliates, distributors and licensees from and against any judgment, losses, deficiencies, damages, liabilities, costs and expenses (including reasonable attorneys’ fees and expenses) incurred in connection with or arising from any claim, demand, suit, action or proceeding arising out of your breach of this Agreement or in connection with your use of this Site or any product or service related thereto.
(12) Governing Law. 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.
(13) Waiver/Severability. 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.
(14) Arbitration. 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.
(16) General Terms. 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.
You agree that 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.
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 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 180 Medical with respect to such use.
(17) Entire Agreement. 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 180 Medical with respect to this Site. No modification of this Agreement shall be effective unless it is authored by 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 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.
(17) Contact Use. If you have any questions about this Agreement, please call us at 1-877-688-2729, or log on to www.180medical.com/Contact-Us. Although 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), 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.
Last Updated: August 30, 2010
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