1. Description of Website and Acceptance of Terms.
3. Privacy and Data Protection.
4. Accessing and Using the Website.
4.2. Content. All "Content," including but not limited to all video, sound recordings, software, digital downloads, artwork, graphics, text, editorials and news, blog posts, Feedback (as defined in Section 6.6), interfaces, trademarks, logos, images, photographs, and any other element of the Website, including the layout, look and feel, organization, and coordination of such Content on the Website is the property of or is licensed to Tekscan, and is protected by U.S. and international trademark, trade dress, copyright, patent and other intellectual property rights laws. Without the prior written consent of Tekscan, you shall not transmit, distribute, translate, publicly display, publish, record, retransmit, rent, sell, digitize, endorse, reproduce, alter to make new works, perform, or compile any Content in any commercial way.
5. Orders and Billing.
5.1. Payment Methods. Tekscan accepts payments through the Website by credit card. All pricing is in U.S. Dollars, and Tekscan accepts payment in U.S. Dollars only. In the event of failed payment processing with respect to any purchase through the Website, you agree to allow Tekscan to continue to attempt to complete payment processing on your Account. If processing payment is unsuccessful, Tekscan reserves the right to cancel your order and suspend your Account.
5.2. Duties and Taxes. Your total price shall include the listed price, including any applicable sales tax, goods and services or value added tax. Such state and local sales tax shall be determined based on your shipping address and the sales tax rate in effect at the time you purchase the product. We shall charge tax only in states and other territories where goods and services sold over the Internet are taxable. In certain territories outside the United States of America, a customs duty may be due, payment of which you agree shall be your responsibility. You acknowledge that certain payment methods may have foreign transaction and/or currency fees, and that such fees shall be your sole responsibility.
5.3. Accuracy of Information. Tekscan cannot and does not guarantee the accuracy or completeness of the Website or the information available thereon. You understand that any information on the Website may contain errors, including but not limited to pricing, typographical errors, technical inaccuracies, and other errors, which Tekscan reserves the right to correct without liability. Tekscan does not guarantee that any particular product will be available or as described, and it reserves the right to make substitutions or omissions at its discretion. Products and services are the responsibility of the manufacturer and service provider, respectively, and subject to the warranties offered by such manufacturer or service provider. In the event that any product or service available for purchase on the Website is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, Tekscan shall have the right to refuse or cancel any orders placed for such incorrectly listed products. Tekscan shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, Tekscan shall immediately issue a credit to your credit card account in the amount of the charge.
5.4. Risk of Loss. All products purchased from Tekscan shall be shipped by a third-party carrier. As a result, title and risk of loss or damage for such merchandise shall pass to you upon our delivery to the carrier. All missing or damaged shipments or items must be reported within thirty (30) days of shipping to qualify for a replacement or refund based on product availability. If the product is available, a replacement shall be shipped and a refund shall not be issued or considered. You may report damaged items to Tekscan Customer Support, and your report must include a photograph of such damaged item. Damaged items shall be reviewed by Tekscan Customer Support and a replacement shall be issued only for damaged products. Blemishes or damages to packaging shall not be considered as part of a damaged item. All refunds shall be provided at the discretion of Tekscan Customer Support.
6. Your Account.
6.1. Registration. Tekscan may make certain services available to you that enable or may require you to register an account (an "Account"). Registering an Account requires you to provide Tekscan with information about yourself. When you register an Account, you shall provide true, accurate and complete information. You are responsible for updating and maintaining the accuracy of the information you provide to us relating to your Account. By registering for an Account, you confirm that you are 18 years or older. Tekscan reserves the right, in its sole discretion, to suspend or terminate your Account at any time for any reason.
6.2. Account Credentials. You agree to maintain control over your Account and to neither share the credentials of your Account nor access the Website with the credentials of another person’s Account. For the sake of clarity, an Account is owned by the person or entity whose payment information is on file with Tekscan. You are responsible for maintaining the confidentiality of any password you create for your Account. If you determine, or have reason to believe, that an unauthorized party has gained access to your password, you shall immediately notify Tekscan. Use of the password, whether or not authorized by you, shall be your sole responsibility and risk.
6.4. Electronic Communications. You agree that we may send you information relating to your Account (e.g., payment authorizations, invoices, changes in password or payment method, confirmation messages or other notices) in electronic form, for example via e-mail to the e-mail address you provide during registration.
7. Third-Party Content and Applications.
7.1. Links. In an attempt to provide increased value to our visitors, Tekscan may link to websites operated by third parties. Such websites are not necessarily under Tekscan's control, and Tekscan is not responsible for the content of any linked website or any link contained in a nonaffiliated linked website. Tekscan has selected the links on the Website for your convenience only. The selection or omission of links is not intended to endorse any particular companies or products. If you decide to access any of the third-party websites linked to the Website, you do so entirely at your own risk. Any links to any portion of the Website shall be the responsibility of the linking party, and Tekscan shall not be responsible for notification of any change in name or location of any information on the Website.
8. Medical Information.
8.1. No Medical Advice. TEKSCAN DOES NOT PROVIDE NOR ENDORSE MEDICAL ADVICE OR RECOMMENDATIONS. You should not rely on any information on the website as a substitute for professional medical advice, diagnosis, or treatment. You should not assume that the information on this website concerning certain courses of diagnosis or treatment will apply or be successful. The contents of this website are for general informational purposes only. The medical information on our website is provided without any representations or warranties, express or implied. Without limiting the foregoing, we do not represent or warrant that such medical information will be constantly available or available at all or will be true, accurate, complete, current or non-misleading.
8.2. If you are a Medical Professional. The contents of this website may be of interest to medical professionals or other health care providers. Such persons should exercise their own judgment in determining whether a particular product, treatment, therapy option, procedure, program or service is appropriate or legal for their practice or their patients. Persons proposing to evaluate or use our products for a medical purpose must rely on their own medical judgment and legal advice as to the suitability of our products for such a purpose.
9. Intellectual Property.
9.2. Copyright. The Website is protected by federal and worldwide copyright laws and treaty provisions and other intellectual property laws. Except as set forth in the limited license in Section 4.1 herein, or as required under applicable law, you shall not use, copy, distribute, republish, prepare derivative works based on, reproduce, duplicate, sell, resell, access, reverse engineer, modify or otherwise exploit, in whole or in part, either the Content or any other portion or feature of the Website, for any purpose without our prior written consent. In addition, you shall not frame or utilize framing techniques to enclose the Content or any portion thereof without our prior written consent.
10. Disclaimer of Warranties.
THE WEBSITE, INCLUDING THE CONTENT AND ANY DOWNLOADABLE PRODUCTS OR PHYSICAL MERCHANDISE PROVIDED THEREWITH, IS PROVIDED AS IS, AS AVAILABLE. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, TEKSCAN, ITS PARENTS, SUBSIDIARIES, AFFILIATES AND THEIR RESPECTIVE SHAREHOLDERS, TRUSTEES, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS (TOGETHER, THE "TEKSCAN PARTIES") DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING. THE TEKSCAN PARTIES DO NOT REPRESENT OR WARRANT THAT THE WEBSITE OR ANY CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE, WILL BE AVAILABLE FOR USE, WILL BE FREE OF DEFECTS, VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT ANY DEFECTS WILL BE CORRECTED. YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR OBTAINING AND MAINTAINING THE COMPUTER HARDWARE, DEVICES, INTERNET CONNECTION AND/OR DATA PLAN NECESSARY TO ACCESS AND USE THE WEBSITE, AND ALL COSTS AND EXPENSES RELATED THERETO.
11. Limitation of Liability.
11.1. YOUR USE OF AND ACCESS TO THE WEBSITE AND ANY CONTENT IS AT YOUR OWN RISK. IN NO EVENT SHALL THE TEKSCAN PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE ACCESS TO OR USE OF THE WEBSITE, ANY DELAY IN OR INABILITY TO USE THE WEBSITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ADVERTISED IN OR OBTAINED THROUGH THE WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EVEN IF THE TEKSCAN PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. THIS WAIVER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF ANY RECORD.
11.3. YOU ACKNOWLEDGE THAT, ABSENT YOUR AGREEMENT TO THIS LIMITATION OF LIABILITY, TEKSCAN WOULD NOT ALLOW YOU TO ACCESS OR USE THE WEBSITE.
11.4. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS SHALL NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS UNDER APPLICABLE LAW. VOID WHERE PROHIBITED BY LAW.
12.2. Tekscan reserves the right, at its own expense, but without the obligation to do so, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you shall cooperate with Tekscan's defense of such claim.
13. Governing Law.