The laws of the United States of America, specifically the State of California govern these terms and conditions. These terms and conditions form part of the Agreement between the Client and ourselves. You're accessing of this Site and/or use of our Sites indicates your understanding, agreement to and acceptance, of the Disclaimer Notice and the full Terms of Use contained herein. Please read these Terms carefully before using the Sites. Your access to and use of the Sites is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who wish to access or use the Sites. If you disagree with any part of the Terms, then you do not have permission to access the Sites. Your statutory Consumer Rights are unaffected.
Registration and Personal Data
To access and use certain areas or features of the Site, you may need to provide certain information and/or answer certain questions. Each registration is for a single user only.
You agree to (a) provide accurate, current and complete information, (b) maintain and promptly update, as necessary, your information, (c) be responsible for the acts or omissions of any third party who has authority to access or use the Site on your behalf, and (d) immediately notify us if you discover or otherwise suspect any security breaches related to the Site. If you provide information that is untrue, inaccurate, not current or incomplete, we may suspend and/or terminate any current or future use of the Site.
By providing information and/or answering questions, you also consent to receive electronic communications from kadara® medical (e.g., via email). These communications may include notices and are part of your relationship with us. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing. You should maintain copies of electronic communications from us by printing a paper copy or saving an electronic copy. We may also send you promotional communications via email, including, but not limited to, newsletters, special offers, surveys and other news and information we think will be of interest to you. You may opt-out of receiving these promotional emails at any time by following the unsubscribe instructions provided therein.
Intellectual Property Rights
All information and materials on the Site, including without limitation the text, graphic, logos, and all other audible, visual or downloadable materials, as well as the selection, organization, coordination, compilation and overall look and feel of the Site, and the kadara® medical Products are the intellectual property of kadara® medical. Copyright © 2020 kadara® medical. All rights reserved. None of the content of the Site may be copied, downloaded, transmitted or otherwise be reproduced, disseminated or exploited in any form or manner without the express prior written permission of kadara® medical. The information and materials are protected by copyright and other intellectual property laws and all ownership rights remain with kadara® medical.
kadara® medical logo is a trademark of kadara® medical corporation. All rights not expressly granted herein are reserved. No interest or right to use any kadara® medical trademarks is acquired by accessing or using this Site or any content thereon or using or purchasing any kadara® medical Product. The Site may also contain trademarks owned by various third parties. Nothing contained on this Site or in these Terms serves to grant to you, by implication or otherwise, any license or right to use any trademarks or intellectual property rights without the prior written permission of kadara® medical, or such other third parties that may own the particular intellectual property. All rights not expressly granted herein are reserved.
Site Security
You may not tamper with the Site, commit unauthorized intrusion into any part of the Site or use the Site to intrude into any other site. Acts of interference, including but not limited to, password cracking, denial-of-service attacks (sending packets with illegal packet size, UDP flooding, ping-flooding, half-open TCP connection flooding, etc.) are prohibited. You are solely responsible for maintaining the confidentiality and security of your Site user log-in/password information and shall not allow any third party to use the same. You acknowledge and agree that the Site may be inaccessible or inoperable from time to time due to maintenance, upgrades, hardware or software malfunctions or failures, Internet or other telecommunications issues, system or network congestion, third party attacks or other issues and kadara® medical shall have no liability with respect thereto.
Links to Other Web Sites
We have not reviewed all of the websites linked to the Site and are not responsible for the content of any third-party pages, any other websites linked to the Site, or any products or services offered by third parties linked to the Site. Nothing in the Site, including, without limitation, any links to other websites, should be construed as an endorsement of any products, services or information of any other persons or companies by kadara® medical. Your choice to access a link to any other website is at your own risk, and you agree to comply with all terms and conditions relating to such websites. kadara® medical reserves the right not to link, or to remove the link, to a particular website at any time.
Any links to third-party websites are provided as a convenience to you and are neither owned nor operated by kadaramedical.com. We have no control over these linked websites and make no representations or warranties concerning these linked websites or third-party products or services. Your viewing and use of any third-party websites are at your sole discretion and risk.
Disclaimer
Your use of the Sites is at your sole risk. The Sites are provided on an “AS IS” and “AS AVAILABLE” basis. The Sites are provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
kadara® medical does not warrant that a) the Sites will function uninterrupted, secure or be available at any particular time or location; b) any errors or defects will be corrected; c) the Sites are free of viruses or other harmful components, or d) the results of using the Sites will meet your requirements.
Termination
We may terminate or suspend your access to the Sites immediately, without prior notice or liability, in our sole discretion, for any reason whatsoever, including but not limited to a breach of the Terms. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Indemnification
You agree to defend, indemnify and hold harmless kadara® medical and their employees, contractors, agents, officers, and directors, from and against any claims, damages, obligations, losses, liabilities, costs or debts, and expenses (including, but not limited to, attorneys' fees), resulting from or arising out of a) your use and access of the Sites, or b) a breach of these Terms.
Limitation of Liability
In no event shall kadara® medical, nor its directors, employees, partners, agents, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Sites; (ii) any conduct or content of any third party on the Sites; (iii) any content obtained from the Sites; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Exclusions
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
Waiver; Severability
If any term, clause or provision of these Terms is held invalid or unenforceable, then that term, clause or provision will be severable from these Terms and will not affect the validity or enforceability of any remaining part of that term, clause or provision, or any other term, clause or provision of these Terms.
Governing Law
These Terms and all matters regarding your use of the Sites shall be governed by and construed per the laws of the State of California, without regard to its conflict of law provisions.
Privacy Policy
For information about kadara® medical’s data protection practices and use and protection of your personal information, please read kadara® medical’s Privacy Policy.
Entire Agreement
kadara® medical Privacy Policy, as well as applicable Terms of Use to Sites (collectively, “Terms of Use"), are incorporated herein by reference. These Terms, together with any revisions, and constitute the entire agreement between you and kadara® medical relating to the Sites and your use of the Sites, and supersedes and replaces any prior agreements, whether written or verbal, regarding use of the Sites.
Miscellaneous
These Terms constitute the entire agreement between you and kadaramedical.com relating to your access to and use of the Site. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you without the prior written consent of kadara® medical. No waiver of any provision of these Terms will constitute a waiver of such provision in any prior, concurrent or subsequent circumstance, and kadara® medical failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity.
Changes
The Company reserves the right to change these conditions from time to time as it sees fit and your continued use of the site will signify your acceptance of any adjustment to these terms. You are therefore advised to re-read this statement regularly.
Contact Us
If you have any questions or concerns regarding these Terms of Use or the Sites, please contact us.