Quadris Medical
Terms of Use
Last Updated: August 26, 2008
Please read these Terms of Use carefully. They contain important
information about your rights and obligations.
www.quadrismedical.com (the “Website”) is brought to you
by Quadris Medical (“we” or “us”). By visiting and/or using
the Website, you fully and unconditionally agree to these
Terms of Use. If you do not agree to these Terms of Use, please
do not visit or use the Website. We may revise these Terms
of Use at any time by updating this page. By using the Website,
you agree to be bound by any such changes.
Your Conduct
Any information that you submit to us or that we collect through
the Website is subject to our Privacy Policy, the terms of
which are incorporated into these Terms of Use.
If you use any chat room or other community on the Website,
you must be at least thirteen (13) years old. If you are a
convicted sexual predator, you may not use any such Website
feature.
We recommend that minors over age 13 (that is, between ages
13 and 18) obtain their parent’s or guardian’s permission
before sending information about themselves to anyone online.
Click here for tips on staying safe online.
By using the Website, you agree not to upload, post, email
or otherwise send or transmit any material that: (1) contains
viruses or any other computer code, files or programs designed
to interrupt, destroy or limit the functionality of any computer
software or hardware or telecommunications equipment associated
with the Website; (2) is abusive, illegal, libelous, defamatory,
obscene, threatening, invasive of privacy or publicity rights
or otherwise objectionable or which may give rise to liability
or violate any law; (3) is in violation of a copyright, trademark
or other intellectual property or other right of any person;
or (4) requests personally identifiable information. You also
agree not to: (1) impersonate any other person while using
the Website; (2) use the Website for any unlawful purpose;
or (3) upload commercial content to the Website or use the
Website to solicit others without our express prior written
permission. If you use any chat room or other community on
the Website, you will treat other users with respect.
If you choose to upload video and/or photographs to the Website,
by uploading such video or photographs you agree that they:
(1) do not contain any copyrighted materials or trademarks
that you do not own; and (2) do not depict any individual
or feature the voice of any individual other than you unless
you have obtained permission from each person depicted or
featured in the video. Any elements or persons that appear
in the video and/or photograph, including without limitation,
images, music, audio, speech, or other audiovisual materials
used must be entirely original, created and performed by the
entrant, or be in the public domain. We may, but have no obligation
to, remove video or photographs that use any elements that
are not original or in the public domain.
We do not and cannot review all communications and materials
posted to the Website, and we are not responsible for the
content of such communications and materials. You acknowledge
that, by providing you with the ability to view and distribute
user-generated content on the Website, we are acting only
as a passive conduit for such distribution, and we are not
undertaking any obligation or liability relating to any such
content. All such content is offered AS IS, and you view and
use it at your own risk. However, we reserve the right to
block or remove communications or materials that we determine
to be: (a) abusive, defamatory or obscene; (b) fraudulent,
deceptive or misleading; (c) in violation of a copyright,
trademark or other intellectual property or other right of
any person; (d) in violation of these Terms of Use; or (e)
offensive or otherwise unacceptable to us in our sole discretion.
If you become aware of misuse of the Website by any person,
please contact us at info@quadrismedical.com.
Use of Information Submitted
You agree that we are free to use any comments, information
or ideas contained in any communication you may send to us,
without notice, compensation or acknowledgement to you, for
any purpose whatsoever, including but not limited to developing,
manufacturing and marketing products and services and creating,
modifying or improving the Website or other products or services.
Termination
We reserve the right in our sole discretion to terminate or
restrict your use of the Website, without notice, for any
or no reason, and without liability to you or any third party.
Copyright
The entire content of the Website, including but not limited
to text, graphics and code, is the property of Quadris Medical.
Copyright 2008, Quadris Medical. ALL RIGHTS RESERVED. We grant
you permission to electronically copy and print hard copy
portions of the Website solely for your own personal, non-commercial
use, provided that you do not change or delete any proprietary
notices from downloaded or printed materials. Any other use,
including but not limited to the reproduction, distribution,
display or transmission of the Website content is strictly
prohibited, unless authorized by us in writing.
Trademarks
All trademarks, service marks and trade names of Quadris Medical
used on the Website are trademarks or registered trademarks
of Quadris Medical in the U.S. and/or other countries. They
may not be used without our prior express written permission.
All other trademarks that appear on the Website are the property
of their respective owners, who may or may not be affiliated
with, connected to or endorsed by us.
Warranty Disclaimer & Liability Limit
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE
PRESENT THE WEBSITE “AS IS” AND WITHOUT ANY WARRANTY OF ANY
KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY. WE SPECIFICALLY
DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. We
assume no liability or responsibility for any errors or omissions
on the Website; any failures, delays or interruptions in the
Website’s accessibility; any losses or damages arising from
the use of the Website; or any conduct by other users of the
Website. We reserve the right to deliver the Website in our
sole and absolute discretion. Some jurisdictions do not allow
the disclaimer of implied warranties, so the foregoing may
not apply to you. IN NO EVENT SHALL Quadris Medical, ITS AFFILIATES,
SUBSIDIARIES, SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES
OR AGENTS BE LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR ANY
SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES ARISING
OUT OF OR IN CONNECTION WITH THE WEBSITE OR THESE TERMS OF
USE, ON ANY THEORY OF LIABILITY, AND WHETHER OR NOT ADVISED
OF THE POSSIBILITY OF DAMAGE. Some states do not allow the
exclusion of certain damages, so the above may not apply to
you. If any authority holds any portion of this section to
be unenforceable, then liability will be limited to the fullest
possible extent permitted by law.
Indemnification
You agree to indemnify, defend and hold Quadris Medical, its
shareholders, officers, directors, employees and agents harmless
from and against any third-party claim or cause of action,
including reasonable attorneys’ fees and court costs, arising,
directly or indirectly, in whole or in part, out of your use
of the Website or your violation of these Terms of Use, any
law or the rights of any third party.
Electronic Notices
By using the Website, you agree to receive electronic communications
from us. You agree that any notice, agreement, disclosure
or other communication that we send you electronically will
satisfy any legal communication requirements, including that
such communications be in writing.
Third-Party Links
The Website may link to sites operated by third parties. However,
we have no control over these linked sites, all of which have
their own terms of use and data collection practices. These
linked sites are only for your convenience, and you access
them at your own risk.
Disputes
Your use of the Website shall be governed by the laws of Minnesota,
without regard to choice of law provisions. Except where prohibited,
you agree that any and all disputes, claims and causes of
action directly or indirectly arising out of or relating to
the Website shall be resolved individually, without resort
to any form of class action, and exclusively in the state
or federal courts located in Nicollet County, Minnesota. Any
cause of action or claim you may have with respect to the
Website must be commenced within one (1) year after the claim
or cause of action arises, or it shall be forever barred.
General
If any provision of these Terms of Use is held to be invalid
or unenforceable, such provision shall be struck, and the
remaining provisions shall be enforced. Headings are for reference
purposes only and in no way define, limit, construe or describe
the extent or scope of such provision. Our failure to enforce
any provision of these Terms of Use shall not constitute a
waiver of that or any other provision. These Terms of Use
set forth the entire understanding and agreement between you
and Quadris Medical with respect to the subject matter hereof.
Contact Us
If you have any questions about these Terms of Use, please
contact us at: info@quadrismedical.com.
Quadris Medical
2030 Lookout Drive
North Mankato MN 56003
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