IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS SET FORTH HEREIN PLEASE DO NOT USE THE SERVICES.
As IPulse Medical Ltd. (the “Company” or “we“), we recognize that privacy is important. This policy applies to all of the software, services, information, tools, features and functionality available on the Services offered by the Company or its subsidiaries or affiliated companies (collectively, the “Services”) and covers how PII that the Company collects and receives, including in respect of any use of the Services, is treated. If you have any questions about this policy, please feel free to contact us at: firstname.lastname@example.org
Information We Collect and How We Use It
Unless stated otherwise, the Company will not share, sell, auction off or give away your PII to any third-party or other organization without first obtaining your prior written consent.
In order to provide our Services, we may collect the following types of information:
Information you provide. For some features of the Services we ask you for personal information, including: name, email address, age, and other personal information.
Third Parties. We sometimes supplement the information that you provide with information that is received from third parties. If you access the Services through any social network or third party services (“App Platforms“), or interact with any App Platforms or other social media plug-in in the Services (such as a Facebook “Like” button) we may receive information from your respective social media or App Platforms account, including your name, photo, email address, friends list and any information defined as public pursuant to the policies of such App Platforms.
Personal information.We process your PII only for specific and limited purposes, including the provision of the Services. We ask only for PII that is adequate, relevant and not excessive for those purposes. Some of these purposes may include to inform you of new services and features we will be providing, to send you requested information and additional materials in respect of the Services, for promotional purposes and market research, and internally to help us improve our Services and to help resolve any problems.
User information. When you use our Services, we may automatically receive and record information from your device, documents and browser, including monitored information, your IP address, cookie information, your regional and language settings and software and hardware attributes. Our systems may automatically record and store technical information regarding the method and nature of your use of the Services, including without limitation which pages or widgets of the Services our visitors use, and any actions they make in the Services. We use your IP address to help with server problem diagnosis and to administer the Services. An IP address is a numeric code that identifies your device on a network, or in this case, the Internet. Your IP address is also used to gather broad demographic information. We may also perform IP lookups to determine which domain you are coming from (i.e: aol.com, yourcompany.com) to more accurately gauge our users’ demographics.
Financial Information. When you purchase our services, you will be asked to provide credit card and/or billing information. We will use the credit card and/or billing information provided in connection with a user\’s purchase to process your order and for no other purpose.
Traffic data collected through the Services. In addition to the information we collect as described above, we may use technology to collect information about the use of the Services. For example, our systems may automatically record and store browser information, search history, exit point, use time, platform type, operating system information, number of clicks and cookies. This technology does not identify you personally, it simply enables us to compile statistics about our visitors and their use of the Services. The Services contain hyperlinks to other pages, widgets and features on the Services. We may use technology to track how often these links are used and which pages, widgets and features of the Services our visitors choose to view. Again this technology does not identify you personally it simply enables us to compile statistics about the use of these hyperlinks.
Cookies and Web Beacons. In order to collect and analyze the anonymous data described herein we may at some time use temporary cookies that remain on your device for a limited period of time. Cookies by themselves cannot be used to discover the identity of the user. A cookie is a small piece of information which is sent to and stored on your device. Cookies do not damage your device. Some browsers and devices enable you to set your preferences so that you will be notified when you receive a cookie. This enables you to decide if you want to accept it or not. At some time, we may also use web beacons via the Services to collect information. Web beacons or “gifs”, are electronic images that may be used in our Services or in our emails.
Links to other sites and applications may be provided by the Company as a convenience to our users. The Company is not responsible for the privacy practices of other sites and applications. This privacy statement applies solely to PII collected by us.
User communications. When you send email or other communication to the Company, we may retain those communications in order to process your inquiries, respond to your requests and improve our Services. We may, at some time, also send you newsletters and promotional communications subject to joining a mailing list, at any time you may opt-out of such service by submitting a request at a link that will be provided.
If you are a child under the age of 18, you must obtain parental consent prior to using our Services. The Company will not knowingly contact or engage with children under the age of 18 without said parental consent. If you have reason to believe that a child has provided us with their PII, please contact us at the address given above and we will endeavor to delete that PII from our databases.
The Company uses the PII that you provide or that we collect to operate, maintain, enhance, and provide the Services.
Analysis The Company uses all of the PII that we collect to understand the usage trends and preferences of our users, to improve the way the Services work and look, and to create new features and functionality.
Choices for personal information:
The Company only shares PII with other companies or individuals in the following limited circumstances:
As required for the provision of the Services, including without limitation sharing information with App Platforms.
As required by the user through the sharing information function in the Service and/ or through App Platforms. It is hereby clarified that the Company is not responsible for the privacy practices of other third parties when you share the PII with other third parties. This privacy statement applies solely to PII shared by us and not when you share the PII with other third parties.
We have your consent.
We require opt-in consent for the sharing of any sensitive PII.
We provide PII to our affiliates or other trusted businesses or persons for the purpose of processing PII on our behalf in Israel and/or abroad. We require that these parties agree to process such PII based on our instructions and in compliance with this notice and any other appropriate confidentiality and security measures.
We have a good faith belief that access, use, preservation or disclosure of such PII is reasonably necessary to (a) satisfy any applicable law, regulation, legal process or enforceable governmental request, (b) enforce applicable agreements and/or their terms, including investigation of potential violations thereof, (c) detect, prevent, or otherwise address fraud, security or technical issues, or (d) protect against imminent harm to the rights, property or safety of the Company, its users or the public as required or permitted by law.
If we become involved in a merger, acquisition, or any form of sale of some or all of our assets, we will provide notice before PII is transferred.
If we obtain assurances from our agents that they will safeguard PII through measures consistent with this policy. Where we have knowledge that an agent is using or disclosing PII in a manner contrary to this policy, we take commercially reasonable steps to prevent or stop the unauthorized use or disclosure.
We may freely collect, use and analyze de-identified anonymous data based on information provided by our users in connection with the Services, for any purpose including, inter alia, for research, studies, commercial and/or scientific publications, and/or presentation at scientific or medical meetings.
We follow generally accepted industry standards to protect against unauthorized access to or unauthorized alteration, disclosure or destruction of PII. However, no method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, while we strive to use commercially acceptable means to protect your PII, we cannot guarantee its absolute security.
We strive to maintain the reliability, accuracy, completeness and currency of PII that we collect and to protect the privacy and security of our users. We keep your PII only for as long as reasonably necessary for the purposes for which it was collected or to comply with any applicable legal or ethical reporting or document retention requirements.
We limit access to PII about you to employees, contractors and agents who we believe reasonably need to come into contact with that PII. These individuals are bound by confidentiality obligations and may be subject to discipline, including termination and criminal prosecution, if they fail to meet these obligations.
We have physical, electronic, and procedural security measures and safeguards to reasonably protect PII. Our servers and our databases are protected by industry standard security technology, such as industry standard firewalls and password protection.
Although we cannot guarantee against any loss, misuse, unauthorized disclosure, alteration or destruction of data, we try to prevent such unfortunate occurrences.
The Company regularly reviews its compliance with this policy. Please feel free to direct any questions or concerns regarding this policy or our treatment of PII by contacting us as provided above. When we receive formal written complaints it is the Company’s policy to contact the complaining user regarding his or her concerns. We will cooperate with the appropriate regulatory authorities, including local data protection authorities, to resolve any complaints regarding the transfer of PII that cannot be resolved between the Company and an individual.
Data integrity, accessing and updating personal information
The Company processes PII only for the purposes for which it was collected and in accordance with this Policy or any applicable service agreements. We review our data collection, storage and processing practices to ensure that we only collect, store and process the PII needed to provide or improve our Services. We take reasonable steps to ensure that the PII we process is accurate, complete, and current, but we depend on our users to update or correct their PII whenever necessary. Nothing in this policy is interpreted as an obligation to store information, and we may, at our own discretion, delete or avoid from recording and storing any and all information.
Upon receipt of your written request and enough information to permit us to identify your PII, we will disclose to you the PII we hold about you. Upon your request, we will also correct, amend or delete any PII that is inaccurate and notify any third party who received this PII from us of the necessary changes.
We do not charge for complying with a correction request, however, for all other requests, we may charge a small fee to cover its costs. Requests to delete PII are subject to any applicable legal and ethical reporting or document retention obligations imposed on the Company.
We ask individual users to identify themselves and the PII requested to be accessed, corrected or removed before processing such requests, and we may decline to process requests that are unreasonably repetitive or systematic, require disproportionate technical effort, jeopardize the privacy of others, or would be extremely impractical, or for which access is not otherwise required.
The Company may update this policy. We will notify you about significant changes in the way we treat PII by sending a notice to the primary email address specified in your account or by placing a prominent notice on the Services. We encourage you to periodically review this policy for the latest information about our privacy practices.
Consent To Processing
By providing any PII to us pursuant to this policy, all users worldwide, including, without limitation, users in the United States, Israel, East Asia, and member states of the European Union, fully understand and unambiguously consent to this policy and to the collection and processing of such PII abroad. The server on which the Services are hosted and/or through which the Services are processed may be outside the country from which you access the Services and may be outside your country of residence. Some of the uses and disclosures mentioned in this policy may involve the transfer of your PII to various countries around the world that may have different levels of privacy protection than your country. By submitting your PII through the Services, you consent, acknowledge, and agree that we may collect, use, transfer, and disclose your PII as described in this policy. If you do not consent to the terms of this policy, please do not use the Services.
If you have any questions about this policy or concerns about the way we process your PII, please contact us at email@example.com. If you wish to delete all information regarding your use of the Services, please contact us at firstname.lastname@example.org.
Your California Privacy Rights and Do Not Track Notices
California Civil Code Section 1798.83 permits customers of Company who are California residents to request certain information regarding its disclosure of PII to third parties for their direct marketing purposes. To make such a request, please send an email to email@example.com. Please note that we are only required to respond to one request per customer each year. You are also advised that Company does not respond to “Do Not Track” signals.
The Livia kit includes everything you need to stop period pains right in their tracks.
It’s a compact little device with a tremendous relief. The monthly magic wand.
Once you try Livia, you’ll see why so many women are so excited about it!
In the Livia kit you’ll find:
(1) Livia Device
(1) Livia Classic Cover (in color of your choice)
(1) Livia USB Charging cable
(1) Livia Travel Case
(1) Livia Flower Pads
(3) Months Supply of Gel Pads
IMPORTANT: BY USING THE SERVICES (AS DEFINED BELOW) YOU INDICATE YOUR ACCEPTANCE OF THE FOLLOWING TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THE TERMS AND CONDITIONS SET FORTH HEREIN, THEN PLEASE DO NOT USE THE SERVICES.
Acceptance of Terms
About the Information on This Site
This Site is funded and operated by the Company. The information on this Site is for your general information only. Information you read on this Site cannot replace the relationship that you have with your health care professional. The Company does not practice medicine or provide medical services or advice and the information on this Site should not be considered medical advice. You should always talk to your health care professional for diagnosis and treatment.
Please note that you may see information on this Site about products or therapies that are not available, authorized or approved in your country.
Title & Ownership
Without limiting the foregoing, the Services and Site are not available where they are illegal to use, and the Company reserves the right to refuse and/or cancel services to anyone at its own discretion.
Because of the global nature of the Internet, you agree to comply with all local rules regarding online conduct, including all laws, rules, codes and regulations of the country in which you reside and the country from which you access this Site.
IF YOU DO NOT QUALIFY OR COMPLY, DO NOT USE THIS SITE.
The Company may offer Products for sale on the Site. Unless stated otherwise on the Site, all prices are in the stated currency in the webpage and other than shipment which is included in such prices, the prices of the Products are excluding any taxes (including VAT, as and if applicable), costs for storage, transportation and insurance, which are payable by you over and above the listed price. All prices may change from time to time without prior notice at the Company's sole discretion. The applicable price in respect of a specific purchase is the price presented on the Site (and/or on PayPal) upon completion of the purchase. If the prices are changed before the purchase is completed, you will be charged the new prices. The inventory of all Products offered on the Site is limited and it is possible that at the time of purchase the requested item will not be available. The Company reserves the right to change and/or remove the list of items offered for purchase or close the Site store at any time and at its sole discretion and nothing herein shall be deemed as an obligation to offer any items for sale.
The “Products” means the items detailed in the appropriate section of the sales/order form and is a core term of the contract between us that any and all ancillary items are additional to such contract unless otherwise specified within the sales invoice/order form.
In order to make a purchase through the Site the user may be requested to select a password and to type in basic details such as his name, address, electronic mail address, telephone number and credit card number. In order for the order to be handled quickly and hassle free, one must ensure to remit correct details otherwise We will not be able to guarantee that the order be processed (“Placing the Order”). Your attention is drawn to the fact that knowingly remitting false details may be considered a criminal offense. Civil and criminal legal measures may be taken against those submitting false details, including but not limited to a claim in torts for damages the Company sustains due to obstructions relating to the operation of the website. Likewise, the information that is remitted by the user through the Site will serve, inter alia to send electronic mail concerning special offers or updates to the website , only after receiving the user’s permission to do so. The Company reserves the right to limit the number of items in each order.
After Placing the Order, you will receive an email from us acknowledging that we have received your order for the Products. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy Products. All orders are subject to acceptance by us (which approval will be subject, inter alia, to receipt by the Company of an approval from the credit card companies that the charge has been approved in accordance with the work procedures in effect between them and the Company), and we will confirm such acceptance to you by sending you an email that confirms that the Products have been dispatched by the delivery service provider (the “Dispatch Confirmation”). The contract between you and us will only be formed when we send you the Dispatch Confirmation. The contract will relate only to those Products whose dispatch we have confirmed in the Dispatch Confirmation. We will not be obliged to accept your registration as a user in the Site, accept your order nor to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Dispatch Confirmation.
We reserve the right to cancel your order for any reason whatsoever and without any explanation.
If we do cancel your contract, we will notify you by email and will refund the price paid as soon as possible but in any event within 30 days of your order. We will not be obliged to offer any additional compensation for disappointment suffered, or any other claim or demand.
Delivery and Shipping
Shipment is limited only to destinations stated on the website.
After a purchase is processed and the full payment is received by the Company, the Company will send you a receipt by email, as required by law, (by submitting an order on the Site you agree to receive the receipt by email) and engage the services of a third party carrier (at the sole discretion of the Company) to send the purchased item to the address provided by you to the Site store or PayPal. Orders on the Site are limited to the distribution regions of the third party carrier. These services may not be available in certain countries. If you submit an order from one of these countries and your payment is transferred to the Company, we will refund these payments to you and your order will be canceled and you shall not have any other claim or demand in respect of the distribution limitation and or with the cancellation of the order. Your payment will be deemed received only after it will be transferred to the Company’s bank or PayPal account, as the case may be. The Company will not be liable or responsible for any difficulties or failures in transferring the payment, and if such failures or difficulties occur please contact PayPal or your credit card company directly. It is hereby clarified that the Products will be sent only after receiving full payment of the purchase by the Company. In addition, you agree to pay all costs of collection, including costs of litigation and attorneys' fees. Payments due hereunder shall not be subject to any set-off for claims by you. Company reserves the right to declare all payments immediately due and payable hereunder for any breach of these Terms and Conditions including, without limitation, failure to comply with credit terms.
Company may limit, at its own discretion, the quantities ordered per user and only execute partial deliveries. In such cases the relative amount shall be paid back to user. The user agrees to accept such partial deliveries.
If the shipping address you provided was correct and in spite of this the carrier failed to complete the shipment, you may request that the Company re-execute the shipment (this is applicable only for orders of up to three (3) items). If the third party carrier will fail to ship and/or the shipment will be delayed as a result of your unavailability at the time of shipment and/or inaccuracies in the details provided by you to the Company or the third party carrier, the Company may charge you with additional shipment and service costs. All items purchased from the Company are made pursuant to a shipment contract. Delivery shall be complete EXW (2010) Company premises. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier. Notwithstanding anything to the contrary, the Company will not be liable or responsible for any damage, loss or delay due to a default or failure in shipment. You hereby acknowledge that in respect of any such shipment related claim you may contact the third party carrier subject to its terms and conditions.
The Company will make reasonable efforts to have a third party carrier deliver all orders within 7-21 business days from the day you received the shipping confirmation.
Shipping costs for uncollected packages will not be paid by us. We will charge you for the cost of return shipping and administrative costs.
With respect to each item for which import fees have been calculated, you authorize the Company to designate a carrier (“Carrier”) to act as your agent with the relevant customs and tax authorities in the destination country, to clear your merchandise, process and remit your actual import fees for such Products. “Import Fees Deposit” represents an estimate of the import fees that will be levied on the Products in your order for shipment to countries outside of Israel. By submitting your order, you agree to allow the Company to collect the Import Fees Deposit for the applicable Products in your order. This deposit will be used, on your behalf, to reimburse the Carriers for the import fees that they have paid on your behalf to the appropriate authorities of the destination country. You further agree that the Carriers may disclose to the Company the amount of actual import fees levied on the Products you have purchased from the Company. In the event that the Import Fees Deposit exceeds the actual import fees, the Company will refund the difference to you. In the case of gifts or other purchases made on behalf of another recipient, you also agree to grant the foregoing authorizations on behalf of the recipient designated in your order. To obtain details regarding the actual import fees, or to obtain documentation or receipts in connection with customs clearance, you may contact the Carrier specified in your shipment confirmation e-mail.
Use of Products
Usage Responsibility. Consultation with a Doctor
The Products shall be used exclusively and responsibly by the user, in accordance with the accompanying leaflet manual, with Company excluding responsibility for use.
If this Site or Service was not available for any period or any time, we shall not be liable. We give no warranties as to the accessibility performance availability, or of the Site or the Service. Temporary suspension of access to this Site or Service may occur without notice at our discretion including without limitation in the case of repair, maintenance, system failure or for reasons beyond our control. The Company reserves the right to suspend the operation of the Service, its Site or any part thereof.
You agree that neither the Company nor its third party providers will be liable to you in any way for the termination, suspension, interruption, delay of any of the services and products on the Site.
Trademarks and Servicemarks
My Livia, Livia, www.mylivia.com the logo, and other graphics, logos, page headers, button icons, scripts, and service names are trademarks, certification marks, service marks, or other trade dress of the Company or its affiliates, including their trademarks, certification marks, service marks, and trade dress have inherent meaning and substantial value because of their restricted use. They may not be used in connection with any product or service that is not the Company’s or its affiliates’, in any manner without Company’s permission. All other trademarks not owned by Company or its affiliates that appear on the Site are the property of their respective owners, who are not affiliated with, connected to, or sponsored by the Company or its affiliates and may not be used other than as permitted by their respective owners.
Removal of Infringing Content
If you believe that any Content of the Site (the "Content"), including without limitation content defined as your Content, any third party logos, trademarks, brands or other intellectual property infringes upon your intellectual property rights, please send us a detailed notice to firstname.lastname@example.org, including the details set forth below, we will make reasonable commercial efforts to remove such Content, locate the infringer and notify him of your complaint. For efficient removal your notice should consist of the following: a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Site are covered by a single notification, a representative list of such works at that Site; identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the Company to locate the material; providing URLs in the body of an email is the best way to help us locate content quickly; information reasonably sufficient to permit the Company to contact the complaining party, such as address, telephone number, and, if available, electronic mail address at which the complaining party may be contacted; a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law and a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Links to Other Web Sites
Warranty and Disclaimers
Company warrants to you that a Product supplied to you hereunder shall be free from material defects in material and workmanship, subject to normal use and service, for a period of 24 months from the date of delivery of the Products to you (the "Warranty Period"). In addition, this warranty does not apply to any software related to the Products, which is provided "AS IS", without warranty of any kind or to any other replaceable components of the Product, other than its electric hardware. Subject to the foregoing, your exclusive remedy and Company's sole liability for any failure of a Product to conform to the above warranty ("Defect" and “Defective”, as applicable) will be for Company to repair or replace, at its option, any such Defective Product, free of charge, provided: (i) you promptly notify Company, in writing, upon discovery of any Defect, in which case Company will issue a Return Material Authorization ("RMA") number to you; (ii) you return to the Company such Defective Products to a receiving point designated by the Company with transportation charges prepaid by you, within thirty (30) days of the issue date of an authorized RMA number, with the RMA number prominently displayed on the container for such Product (and any Product returned without a valid RMA number will be sent back to you at your expense and risk of loss or damage); (iii) the Defective Product is received by you within the Warranty Period; and (iv) Company's evaluation of the Product discloses to its satisfaction, that the Product is in fact Defective and that such Defect is not due to: (1) any misuse, abuse, neglect, or any negligence of any person other than the Company; (2) any repair or alteration of the Product by anyone other than an authorized representative of the Company; (3) improper design, maintenance, installation or service, operation or use contrary to furnished instructions; (4) improper transportation, storage or testing of, or improper environment for, the Product; (5) unusual physical or electrical stress or accident; (6) any Force Majeure Event (defined herein below); or (7) any combination of the Product with a product not authorized by Company.
THE FOREGOING WARRANTY IS THE SOLE WARRANTY MADE OR DEEMED MADE BY OR ON BEHALF OF THE COMPANY. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, COMPANY EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, WHETHER STATUTORY, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ANY WARRANTIES THAT MAY ARISE BY REASON OF USAGE OF TRADE, CUSTOM, COURSE OF DEALING OR COURSE OF PERFORMANCE OR OTHERWISE WHICH WOULD EXTEND BEYOND THE WARRANTY CONTAINED HEREIN. CIVAN DOES NOT WARRANT THAT THE OPERATION OF THE PRODUCTS WILL BE UNINTERRUPTED OR ERROR-FREE. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT COMPANY IS NOT AND WILL NOT BE LIABLE FOR ANY ACTUAL OR ALLEGED INFRINGEMENT OR MISAPPROPRIATION OF ANY PATENT RIGHT, COPYRIGHT, TRADE SECRET RIGHT OR OTHER PROPRIETARY RIGHT OF ANY THIRD PERSON BY ANY USE OR SALE OF ANY PRODUCT.
You hereby accept and agree that it is beyond our control, and no duty to take any action regarding: which users gain access to the Site or use the Services; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release us from all liability for you having acquired or not acquired Content through the Site or the Services.
It should be noted that the Site or Services may contain, or direct you to sites containing, information that some people may find offensive or inappropriate. We make no representations concerning any content contained in or accessed through the Site or Services, and we will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site or the Services.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
YOU UNDERSTAND AND AGREE THAT YOU USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN INFORMATION, MATERIALS, OR DATA THROUGH THE SITE OR ANY REFERENCE SITES AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM) OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH MATERIAL OR DATA.
Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY AND ITS REPRESENTATIVES ARE NOT AND WILL NOT BE LIABLE, UNDER ANY LEGAL THEORY, WHETHER CONTRACT, TORT OR OTHERWISE, FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, REVENUE, INCOME, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR TO PUNITIVE DAMAGES THAT RESULT FROM OR RELATE IN ANY MANNER WHATSOEVER, TO YOUR USE OF THE SERVICES AND/OR THE COMPANY'S INELECTUAL POPERTY, OR RELIANCE ON ANY OF SERVICES AND/OR THE COMPANY'S INELECTUAL POPERTY, OR TO ANY ERRORS, INACCURACIES, OMISSIONS, DEFECTS, SECURITY BREACHES, OR ANY OTHER FAILURE TO PERFORM BY THE COMPANY. TO YOUR USE OF THE SERVICES AND/OR THE COMPANY'S INELECTUAL POPERTY, OR RELIANCE ON ANY OF SERVICES AND/OR THE COMPANY'S INELECTUAL POPERTY, OR TO ANY ERRORS, INACCURACIES, OMISSIONS, DEFECTS, SECURITY BREACHES, OR ANY OTHER FAILURE TO PERFORM BY THE COMPANY.
IN NO EVENT SHALL THE AGGREGATE LIABILITY HEREUNDER OF THE COMPANY OR ITS AFFILIATES, FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE BASIS OF THE FORM OF THE ACTION, EXCEED THE TOTAL PRICE ACTUALLY RECEIVED BY THE COMPANY FROM YOU FOR THE PRODUCTS THAT CAUSED THE DAMAGES, BUT IN ANY EVENT FOR NO MORE THAN A TOTAL PRICE PAYABLE FOR 10 SINGLE UNITS OF THE PRODUCT (EVEN IF MORE THAN 10 SINGLE UNITS OF THE PRODUCT HAVE BEEN PURCHASED BY YOU)
THE COMPANY AND/OR ITS AFFILIATES SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE WHICH MAY BE INCURRED AS A RESULT OF ANY DELAY OR FAILURE TO PERFORM ANY OF COMPANY'S OBLIGATIONS HEREUNDER DUE TO ANY CAUSE BEYOND ITS REASONABLE CONTROL, INCLUDING WITHOUT LIMITATION, ACCIDENTS, ACTS OF GOD, UNANTICIPATED NATURAL PHENOMENON, LABOR DISPUTES, VENDOR FAILURE, STRIKES OR INDUSTRIAL DISTURBANCES, ANY ACT OF ANY GOVERNMENT OR AGENCY THEREOF, OR ANY JUDICIAL ACTION, WAR, PUBLIC DISTURBANCE OR RIOTS, DELAYS IN TRANSPORTATION, WEATHER, UTILITY OR COMMUNICATION FAILURE ("FORCE MAJEURE EVENT").
In the event of any such excused delay or failure of performance, the date of delivery shall, at Company's request, be deferred for a period equal to the time lost by reason of the delay. Company shall notify you of any such event or circumstance within a reasonable time after it learns of same.
YOU RECOGNIZE AND AGREE THAT THE WARRANTY DISCLAIMERS AND LIABILITY AND REMEDY LIMITATIONS IN THESE TERMS ARE MATERIAL BARGAINED FOR BASIS OF THESE TERMS AND THAT THEY HAVE BEEN TAKEN INTO ACCOUNT AND REFLECTED IN DETERMINING THE DECISION BY YOU TO ENTER INTO THESE TERMS.
You agree to indemnify, defend and hold harmless the Company, its officers, directors, employees, stockholders, Representatives and suppliers, from and against any and all claims, liabilities, damages, losses or expenses, including but not limited to attorney’s fees and costs, arising out of or in any way connected with your access to or use of this Site and/or the Services.
Last updated March 2017