TERMS & CONDITIONS
DISCLAIMER OF WARRANTIES
anadyne.com (“website”) is provided “as is”. ANADYNE disclaims all warranties and conditions with respect to this website and its content, implied or statutory, including but not limited to, the implied warranties and/or conditions of merchantability, of satisfactory quality, of fitness for a particular purpose, of accuracy, of quiet enjoyment, and non-human infringement of third party rights. ANADYNE does not warrant against interference with your use of, access to, or enjoyment of the website. ANADYNE does not warrant that the website will meet your requirements, will be uninterrupted, error-free, or that any defects will be corrected. No information, written or oral, provided by ANADYNE or one of its authorized agents shall create a warranty.
NOT MEDICAL ADVICE
The information and materials available through the Website is for informational and educational purposes only and is not a substitute for the professional judgment of health care professionals in diagnosing and treating patients. Website is not intended to provide medical advice, provide medical or diagnostic services, or replace the advice of a medical professional. Your reliance upon information and materials obtained by you, at or through the website, is solely at your own risk.
You agree that you will not transfer any of your rights or obligations under this agreement without the prior written consent of ANADYNE. ANADYNE reserves the right to assign its rights and obligations under this Agreement in connection with a merger, acquisition, sale of assets, or by operation of law or otherwise without notice to you.
“ANADYNE” and all other trademarks, service marks, slogans, tag lines, graphics and logos used in connection with Website are trademarks or registered trademarks of ANADYNE. Your use of the Website does not grant any right or license to reproduce or otherwise use any content developed by ANADYNE outside normal permitted use.
ANADYNE strives to display and describe its products and services on the Website accurately so that their design and use may be previewed, and is constantly improving its information, products and services. ANADYNE cannot and does not warrant or guarantee the accuracy or completeness of the information, including prices, product images, specifications, fitness for use, and/or reliability of any of its products or services. Products and services are the responsibility of the manufacturer or provider of those services and are covered by the warranties offered by such manufacturers or providers. If a product offered by ANADYNE is not as described, your sole remedy is to return it for a refund of the purchase price. Receiving an order acknowledgement via e-mail does not guarantee the acceptance of an order. ANADYNE reserves the right to limit the quantity of items ordered and/or refuse to sell to any customer. The risk of loss for such items pass to you upon ANADYNE’s delivery to the carrier.
You agree that you will not use this Website for any unlawful purpose or in any manner prohibited by this Agreement’s terms nor in any manner which could damage, disable, or impair the Website or any third parties use of this Website. You agree that when using this Website you will not: (1) violate any applicable laws or regulations; (2) publish, post, upload, or disseminate any inappropriate, threatening, abusive, indecent, or objectionable materials, or any materials which encourage conduct that would constitute a criminal offense, give rise to civil liability or violate any law, or contain any advertising or any solicitation with respect to products or services; (3) harass, abuse, threaten or otherwise violate any legal rights of others; (4) attack, ridicule, or denounce, a person’s character, or impute immoral or dishonorable attributes to members on the basis of race or ethnicity, gender, age, religion, national origin, disability, or sexual orientation; (5) upload viruses, corrupted files or any other software or information that may damage the operation of another’s computer or network; (6) reproduce, re-transmit or re-present in any form, in whole or in part, any content, programming code, images or graphics; or (7) use this website for your own commercial purposes (including advertising) without express written permission of ANADYNE.
The Agreement will be governed by and construed in accordance with the laws of the State of Oregon without regard to its conflicts of law provisions.
You agree that any claim, cause of action, or dispute arising out of or relating to this Agreement or the use of this Website is exclusively within a state or federal court located in Multnomah County, Oregon, United States. You hereby agree any claims will be brought exclusively in the federal or state courts located in Multnomah County, Oregon and the parties hereby irrevocably consent to the personal jurisdiction and venue of the courts located in Multnomah County, Oregon, United States for the purpose of litigating any and all such claims.
ANADYNE reserves the right to change, modify, or alter the Agreement at any time and at its sole discretion. The most recent version of this Agreement may be found at http://anadyne.com/contact-us/terms-conditions/. Amendments or modifications are effective upon publication. Continued use of this Website following publication constitutes your acceptance of the revised Agreement.
You agree to defend ANADYNE, against any and all claims, demands and/or actions and indemnify and hold ANADYNE harmless from and against any and all losses, damages, costs and expenses (including reasonable attorneys’ fees), resulting from any breach or violation of this Agreement or use of this Website.
This Agreement constitutes the entire agreement, and supersedes all prior negotiations, understandings or agreements (oral or written). If any provision of this Agreement, or portion thereof, is found unenforceable by a court of competent jurisdiction, the remainder of this Agreement shall continue in full force and effect.
LIMITATIONS OF LIABILITY
To the extent allowed by law, in no event shall ANADYNE be liable for personal injury, or any incidental, special, indirect, punitive, or consequential damages whatsoever, including, without limitation, damages for loss of profits, loss of data, business interruption or any other commercial damages or losses, arising out of or related to your use or inability to use this website, however caused, regardless of the theory of liability, even if ANADYNE has been advised of the possibility of such damages. Notwithstanding any damages that you might incur for any reason whatsoever (including, without limitation, all damages referenced above and all direct or general damages), the entire liability of ANADYNE, and your exclusive remedy, shall be limited to the amount actually paid by you for ANADYNE products or services.
ANADYNE reserves the right in its sole discretion to terminate access to Website at any time without notice for any reason whatsoever. Provisions of this Agreement which by their nature are intended to survive termination or expiration of this Agreement will survive any termination of this Agreement, including but not limited to the representations and warranties contained herein.
Captions and paragraph headings are for convenience only and shall not be used in construing this Agreement.
You agree that you have read and understood this Agreement and had an opportunity to review it with legal counsel. This Agreement has the same force and effect as a signed agreement and you agree to fully comply with these terms and conditions.