You agree that Bioness may provide to you required notices, agreements and other information concerning the Site to you electronically. Bioness will post the notices on the homepage of the Site or on the relevant web page of the applicable service or may, in its discretion, email notices to the last email address you have provided us (if any). If you want to withdraw your consent to receive notices electronically, you must discontinue your use of the Site.
Bioness’ Intellectual Property Rights and Limited License
Notwithstanding anything herein to the contrary, you have no ownership rights in any of the Site’s software or code, and your license to such is governed by this section and limited to use of the Site as authorized hereunder. You may not decompile, disassemble, reverse engineer, or attempt to reconstruct, identify or discover any source code, underlying ideas, underlying user interface techniques or algorithms of the Materials by any means whatsoever; provided, however, that such restriction will be limited as required to comply with any applicable law. The Materials may include third party technology and content and any use thereof by you outside of the Site, or except as specifically authorized hereunder, may violate third party rights and you agree to defend, indemnify and hold Bioness harmless with respect thereto. You further agree that you will not, and will not attempt to, copy or distribute the Materials, in whole or in part, to any other party (including by “mirroring”) or otherwise violate the single computer, non-commercial, non-transferable, non-exclusive, limited license, revocable at Bioness’ discretion, granted hereunder unless specifically permitted by Bioness. You may not intercept, emulate or redirect the proprietary protocols used by Bioness in connection with the Site, regardless of method, including, without limitation, adding unauthorized components or using a packet sniffer.
While we are looking forward to receiving your materials when we specifically ask for them or invite you to submit them, it is our policy not to accept or consider content, information, ideas, suggestions or other materials other than those we have specifically requested and then subject to any specific terms, conditions and requirements that may apply thereto. This is to avoid any misunderstandings if your ideas are similar to those we have developed or are developing independently. Accordingly, you agree that any user content (including, without limitation, contents of emails sent to us) you do transmit to us electronically or otherwise (“User Content”) will be treated as non-confidential and we may use such any way we want with no obligation to you and you hereby irrevocably grant Bioness a worldwide, perpetual, royalty-free, fully-paid, non-exclusive, restriction free license (with the right to grant unlimited sublicenses through multiple tiers of sublicensees) to distribute, sell, rent, lease, reproduce, copy, record, modify, add to, combine with other materials, remove, adapt, publicly perform, publicly display, freely assign, create derivative works from and otherwise use and exploit any of same, or any part thereof, in any medium now known or hereinafter known, in any language(s), and by any means or manners now or hereafter developed. You also agree that Bioness may disclose any of same, or any part thereof, to any third party for any reason, including, without limitation, if disclosure is required or is reasonably necessary to comply with the law or any legal process, or any law enforcement request, to enforce Bioness’ rights, to analyze or respond to third party claims or generally protect Bioness and its users. Furthermore, Bioness is free to use any ideas, concepts, know-how or techniques contained in any User Content you submit to us for any purpose, at any time, and without any remuneration or obligation to you. Any modification of this submission policy and license must be in writing and signed by an authorized Bioness signatory. The rights granted by you hereunder may not be terminated, revoked or rescinded and are not subject to any reversion.
Copyright and Trademarks
The content of the Site includes copyrighted materials, trademarks and other proprietary information, which may include, without limitation, text, software, photos, video, audiovisual materials, graphics, music and sound. The entire contents of the Site are copyrighted under the United States copyright laws and/or similar laws of other jurisdictions. Without limitation, Bioness owns a copyright in the selection, coordination, arrangement and enhancement of such materials, as well as in the content original to Bioness. Third-party content providers own the copyright in content that is original to them. “Bioness”, “Bioness Inc.”, the “Bioness logo”, “StimRouter” logo, as well as other marks that may appear on the Site, are the service and trademarks of Bioness. All other trademarks, service marks and logos used on this Site, with or without attribution, are the trademarks, service marks or logos of their respective owners. Without Bioness’ written permission, you agree not to display or use, in any manner, any such marks and all goodwill associated with any use by you thereof will inure exclusively to Bioness or their respective owners. In addition, elements of the Site are protected by trade dress and other federal and state intellectual property laws and may not be copied, reproduced, downloaded or distributed in any way, in whole or in part, without the express permission of Bioness.
Links, Linking and Other Parties
This Site may contain links to pages on other sites, and those sites may offer products, services or other resources. Because Bioness has no control over such sites and resources, you acknowledge and agree that Bioness has no responsibility for the accuracy of information provided by or availability via other sites. Links to external sites do not constitute an endorsement by Bioness of the sponsors of such sites or the content, products, advertising or other materials presented on those sites. Bioness does not author, edit or monitor these pages or links. You further acknowledge and agree that Bioness is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on these other sites or resources.
From time to time, you may communicate with, receive communications from, be redirected to, interact with, or participate in or use the services or obtain goods and services of or from, third parties (e.g., advertisers and co-promotional partners or other Site users) as a result of your use of the Site. All such communication, interaction and participation is strictly and solely between you and such third party and we shall not be responsible or liable to you in any way in connection with these activities or transactions (including, without limitation, any representations, warranties, covenants, contracts or other terms or conditions that may exist between you and the third party or any goods or services you may purchase or obtain from any third party).
Bioness hereby grants you a non-exclusive, limited license, revocable at Bioness’ discretion, for you to link to the StimRouter website from any site you own or control that is not commercially competitive to Bioness and does not criticize or otherwise injure Bioness, so long as the site where the link resides, and all other locations to which such site links, comply with all applicable laws and do not in any way abuse, defame, stalk, threaten or violate the rights of privacy, publicity, intellectual property or other legal rights of others or, in any way, post, publish, distribute, disseminate or facilitate any inappropriate, infringing, defamatory, profane, indecent, obscene or illegal/unlawful information, topic, name or other material. Such a link is not an endorsement of such other site(s) by Bioness.
Representations and Warranties
Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE SITE IS AT YOUR SOLE RISK. ANY CONTENT OR INFORMATION CONTAINED WITHIN THE SITE IS PROVIDED “AS IS” WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, BIONESS DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING (BUT NOT LIMITED TO) THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE AND ANY SITE-RELATED MATERIALS.
IN ADDITION, BIONESS DOES NOT WARRANT THAT THE FUNCTIONS ON THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS IN OR ON THE SITE WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. UNDER NO CIRCUMSTANCES WILL BIONESS BE LIABLE IN ANY WAY FOR ANY MATERIAL, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY MATERIAL POSTED, EMAILED OR OTHERWISE TRANSMITTED VIA THE SITE. IF YOU FIND ANY MATERIAL ON THE SITE OBJECTIONABLE, DO NOT USE THE SITE.
Termination, Discontinuance and Interruptions
BIONESS MAINTAINS THE RIGHT TO DISCONTINUE OPERATION OF THE SITE, OR YOUR USE OF THE SITE, IN ANY CASE, IN WHOLE OR IN PART, AT ANY TIME, IN ITS DISCRETION, WITH NO OBLIGATION TO YOU, IN WHICH CASE YOUR ACCOUNT MAY BE TERMINATED, ANY POSTINGS OR OTHER CONTENT MAY BE DESTROYED.
Bioness reserves the right to interrupt the services with or without prior notice for any reason or no reason. You agree that Bioness will not be liable for any interruption of the service, delay or failure to perform, and Bioness has the right at any time for any reason or no reason to change and/or eliminate any aspect(s) of the Site as it sees fit in its sole discretion.
Limitation of Liability
You agree to be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of the Site, and you shall be responsible for all charges related thereto.
Privacy and Monitoring
Bioness may monitor and record your communications and activities on the Site and you consent thereto and agree that such will be deemed User Content to which all of Bioness’ rights hereunder apply.
A Special Note about Children, Children’s Privacy and Our Compliance with the Children’s Online Privacy Protection Act
In compliance with the Children’s Online Privacy Protection Act (COPPA), we are a general audience site and do not intend to collect any personally identifiable information (“PII”) from children under thirteen (13) years of age, unless we believe such collection to be permitted by law. If you are the parent or guardian of a child under thirteen (13) and believe that he or she has disclosed PII to us, please contact us at [email protected] Upon request, the parent or guardian of a child under thirteen (13) may review and request the deletion of such child’s PII, as well as refuse to permit the further collection or use of such PII.
Distribution Limitations and Territorial Restrictions
The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Bioness to any registration requirement within such jurisdiction or country. This Site is controlled and operated by Bioness from its offices within the State of California, U.S.A. and Bioness makes no representation that materials on the Site are appropriate or available for use in other locations. Those who choose to access this Site from other locations do so on their own initiative and risk and are responsible for compliance with local laws regarding online conduct and acceptable content, if and to the extent local laws are applicable. Use of or access to the Site shall not be construed as the purposeful availment of the benefits or privilege of doing business in any state other than the State of California by Bioness.
Software related to or made available by this Site may be subject to United States export controls. Thus, no software from this Site may be downloaded, exported or re-exported (a) into (or to a national or resident of) Cuba, North Korea, Iran, Syria or any other country to which the United States has embargoed goods; or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading any software related to this Site, you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country or on any such list. The parties specifically disclaim application of the Convention on Contracts for the International Sale of Goods.
Governing Law and Disputes
Statute of Limitations
Entire Agreement; Modification and Termination
Bioness reserves the exclusive right to modify, withdraw, suspend or discontinue, temporarily or permanently, at any time and from time to time any materials, information or content available on the Site, including but not limited to your User Content, communications and account, and any functionality or features in or on the Site, in each case, in whole or in part, including the cessation of all activities associated with the Site, with or without notice. You agree that Bioness shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site or any part thereof.