Important Legal Notice
This is a legal agreement (“Agreement”) between Stimdia Medical, Inc. (“Stimdia Medical”) and you. Please read the following terms carefully. By using this website, you agree to this Agreement whether or not you have read it. If you do not agree to this, you may not access or otherwise use this Website.
From time to time, Stimdia Medical may modify this Agreement. Accordingly, please continue to review this Agreement whenever accessing or using the Website. If at any time you do not wish to accept this Agreement, you may not use the Website. You may only use the Website in accordance with the terms outlined below.
1.Copyright & Intellectual Property
1.1 To the best of its information and belief, Stimdia Medical is licensed to use or owns the copyright in the data, table, graphic, editorial or other content (“Content”) of its Website pages and in the data appearing on its Websites.
1.2 Many materials submitted to Stimdia Medical remain the property of the original authors. While Stimdia Medical will try to place appropriate notices on the copyrighted materials of others submitted to this website, we neither warrant nor represent just because there is no notice that you are free to use the Content. Before you copy or further publish any part of the Content you acknowledge that it is your responsibility to obtain permission from the original author. Stimdia Medical neither warrants nor represents that any such license, if properly sought, will be granted by the original authors. If you are in doubt about whether material is copyrighted by others or how to contact the original author, please contact Stimdia Medical and we will do our best to help you solve any question.
1.3 You may use any clearly marked Stimdia Medical-owned material on this Website provided you do all of the following:
- a) act within the copyright laws of United States, or of the territory in which Stimdia Medical originally published the material;
- b) publish the material without any adjustment which would alter its meaning or bring Stimdia Medical, its personnel, representatives, agents, clients or the subject of the material or any other person or entity into disrepute;
- c) publish a credit to Stimdia Medical or to a specific and relevant Stimdia Medical publication or website, and to any individual named author, at the foot of the re-used material; and, if reproduced on a website, include a URL link to the original article or the point of entry to that Website page or to the publication’s Website page as agreed in advance in writing with the Website administrator.
1.4 Stimdia Medical may make available certain Content License Agreements for the commercial re-use, translation and/or re-publishing in printed or electronic form of design and content from its Website and pages. Only a holder of a current Content License agreement who satisfies all requirements of that License agreement may re-use, translate or re-publish in any form or medium design or content which originates on a Website or webpage owned or managed by Stimdia Medical for commercial purposes.
1.5 Stimdia Medical may at its sole discretion incorporate electronic “watermarking” into publ ished material. Web crawlers are employed to locate watermarked material and to provide legal proof of its re-use. If the simple conditions above are not met, Stimdia Medical reserves the right to pursue any infringement in the courts of the country where they suffer damage or you are likely to derive benefit.
1.6 All goodwill associated with your use of the Stimdia Medical trademarks shall inure solely to the benefit of Stimdia Medical. You shall not assert any claim or ownership to any trade names or marks or to the goodwill or reputation thereof, and no license to any of Stimdia Medical trademarks is granted by this Agreement. All other trademarks, brand names, products and company names cited on this Website are the trademarks and/or property of their respective owners.
1.7 Stimdia Medical may modify, discontinue, temporarily or permanently, the Website, including removal or addition of functionality or content or change and amend this Agreement at any time and without notice, including, without limitation, terms that Stimdia Medical may be required to “pass through” to User as a result of a separate agreement between Stimdia Medical and a third party.
1.8 If you are unsure of the legality of your re-use of material published on Websites owned or managed by Stimdia Medical you should contact the company.
- User Responsibilities
2.1 You may not transmit any unlawful, threatening, abusive, libellous, defamatory, obscene, pornographic, profane or otherwise objectionable material or information of any kind including but not limited to transmission constituting or encouraging conduct which would constitute a criminal offence, give rise to civil liability or otherwise violate any national or international law.
2.2 You may not transmit any information, software, e-mail or attachment which contains in full or in part any virus, worm, trojan horse or other harmful component.
2.3 You may not restrict or inhibit use of the Websites by any other individual or organization.
2.4 You may not post, publish, transmit, distribute or otherwise exploit any software, information or material obtained through the Website of Stimdia Medical and its associated companies other than as provided for in this Agreement.
2.5 All individual articles, reports and other elements making up the Website may be copyright works or protected by database rights. You agree to abide by all additional copyright and database right notices or restrictions contained on the Website.
2.6 You agree to notify Stimdia Medical in writing promptly upon becoming aware of any unauthorized access to or use of the Website by any party.
2.7 Other than the licenses granted to you under this agreement, you may not copy, reproduce, recompile, decompile, disassemble, reverse-engineer, distribute, publish, display, perform, modify, upload to create derivative works from, transmit, communicate or in any other way exploit any part of the Website and/or the Website’s material.
2.8 The Website and all the information contained therein may not be used to construct a database of any kind nor may the Website be stored in its entirety or in any part in databases for access by you or any third party or to distribute any database websites containing all or part of the Website.
2.9 You agree to indemnify, defend and hold harmless Stimdia Medical from and against any claims, actions, demands or other proceedings brought against Stimdia Medical by a third party to the extent that such claim, suit, action or other proceedings is based on or arises in connection with your use of the Website and any breach by you of this Agreement. This section survives termination of this Agreement for any such reason.
2.10 You accept that Stimdia Medical has the right to change the material, or information of any aspect of the Website at any time at its sole discretion. You further accept that such changes may result in your being unable to access the Website. Stimdia Medical may have to suspend the Website from time to time to carry out maintenance and to make upgrades.
3.2 Your hyperlinks: You may provide hyperlinks to the Website and pages owned and/or managed by Stimdia Medical and its associated companies without the prior written consent from Stimdia Medical. Such hyperlinks may only direct users to a specific page of the relevant website, and must display the relevant page in the same form as this Website, without amendment or framing.
4.1 THE MATERIAL AND INFORMATION PUBLISHED ON THIS WEBSITE, AND ON ALL OTHER WEBSITES OF STIMDIA MEDICAL IS PROVIDED ON AN ‘AS IS’ AND ‘AS AVAILABLE’ BASIS WITH ALL FAULTS. STIMDIA MEDICAL MAKES NO WARRANTY THAT THE SERVICE WILL MEET — USER’S REQUIREMENTS OR THAT — USE OF THE SERVICE WILL BE ERROR FREE, UNINTERRUPTED, OR SECURE. STIMDIA MEDICAL EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTY OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. — USER SHALL BE SOLELY RESPONSIBLE FOR ANY RESULTING DAMAGE TO — USER’S COMPUTER SYSTEMS OR LOSS OF DATA. — USER AGREES THAT STIMDIA MEDICAL, THEIR OFFICERS AND EMPLOYEES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST DATA OR LOST PROFITS WHETHER ARISING FROM OR RELATING TO TORT (INCLUDING NEGLIGENCE), CONTRACT OR OTHERWISE.
4.2 The data, views and opinions of authors expressed on the Websites do not state or reflect those of Stimdia Medical. All Website Content not authored by Stimdia Medical reflects solely the data, views and opinions of the authors thereof. Stimdia Medical assumes no responsibility to further investigate and therefore does not warrant the truth, accuracy, completeness or usefulness of any data, views or opinions in the Content. The sole responsibility for the truth, accuracy, completeness or usefulness of any views, data or opinions in the Content resides with the original authors and Stimdia Medical hereby expressly disclaims any responsibility for the publishing of data, views or opinions on the Websites by the original authors thereof.
4.3 Security mechanisms implemented for the Websites have inherent limitations. Therefore, any loss or harm caused to you through any Website will be borne exclusively by you, and you agree that Stimdia Medical shall have no liability for any such loss or harm. You agree to indemnify and hold Stimdia Medical, its officers and employees harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Websites or breach of this Agreement or violation of any rights of another.
4.4 Errors can occur and Stimdia Medical offers no assurance that they will be corrected. No liability will be accepted in respect of service interruptions, nor in the event of any viruses, worms, trojan horses and other harmful components being present in or transmitted by Stimdia Medical systems and networks.
4.5 Stimdia Medical does not accept any liability for any loss of data or software, revenue, business, profits, cost or expense, or any direct, indirect, incidental or consequential loss or damage arising out of or in connection with the use of, or the lack of availability of the Website or their content and/or in connection with any permission, right or license to use the material given under clause 1.3 or otherwise.
4.6 It is your responsibility to assess the value of the Content on the Websites in the light of your own business and personal circumstances. Website Content remains the opinion of its original authors and does not represent the views of Stimdia Medical, its directors, employees or agents. Stimdia Medical Website Content should not be construed or relied upon as legal, financial, or technical advice.
4.7 Stimdia Medical Websites contain information and data pertaining to genetic sequences and uses thereof. It is not the intent of Stimdia Medical to provide specific medical advice, but rather to provide information for research on such genetic sequences and uses thereof. As the information and data provided on the Websites is experimental in nature, it is not warranted for any particular purpose including therapeutic or diagnostic uses. Users shall seek specific medical advice from a licensed physician for answers to personal medical questions.
- Submission of Content
5.1 Any content authored by you shall remain your property. Unless otherwise agreed in advance, by submitting any Content to Stimdia Medical you agree that Stimdia Medical shall have a limited right to publish any content submitted by you on our Websites, including but not limited to, www.stimdia.com. If you intend to asset a copyright interest in any Content submitted by you, you agree to include or attach copyright notice at the time of submission of this Content.
5.2 You agree not to incorporate the Content of others in any Content submitted by you to Stimdia Medical unless you have the permission of the original author to submit their Content. You also agree to notify Stimdia Medical as soon as you are aware that any material submitted by you is the property of others and is being used without their permission.
5.3 By submitting any Content to Stimdia Medical, you represent and warrant that you have the right to do so and to grant any and all licenses needed to publish the Content. If this is not so, you agree to indemnify and hold harmless Stimdia Medical from and against any lawsuit caused by Content submitted by you, including reasonable attorney’s fees.
5.4 While Stimdia Medical tries to provide reasonably secure Websites and protect data by appropriate measures, no data transmission over the Internet can be guaranteed entirely secure. You therefore agree that Stimdia Medical is not responsible for the confidentiality of any Content submitted by you, even if this Content is submitted to the secure portion of the Website. You understand that submission of data by you may constitute publication for purposes of the patent laws in many jurisdictions, and that Stimdia Medical is not responsible for any damages, whether consequential or not, from loss of confidentiality in any Content submitted by you.
6.1 Stimdia Medical reserves the right to gather personal information when you register for our websites, publications or events whether now or in the future. During registration, and at other times, Stimdia Medical reserves the right to ask for your name, e-mail address, birth date, gender, address and post code and personal and professional interests and affiliations, (“User Information”). If such information is not provided or is found to be not accurate, Stimdia Medical reserves the right to restrict or refuse your access to the Website.
6.2 Stimdia Medical reserves the right to accept advertising on its Websites. Once registered you agree that Stimdia Medical can further monitor your use of Website and can use this information to provide further offers which may be of interest, whether from Stimdia Medical or other providers.
6.3 Stimdia Medical Websites, including www.stimdia.com, will be originally provided as free services. Stimdia Medical reserves the right at any time to charge for these services, either with or without notice. From time to time Stimdia Medical reserves the right to rent or sell User Information to other reputable organizations as permitted by law. If you do not wish to allow your User Information to be shared you may inform us or discontinue your use of the Websites.
6.4 No data transmission over the Internet can be guaranteed entirely secure. While we strive to protect your personal information, Stimdia Medical can neither ensure nor warrant the security of any information you transmit to us or from our online products or services, and you do so at your own risk. Once we receive your transmission, we try to ensure its security on our systems.
6.5 Stimdia Medical shall be able to disclose your account information in cases when we have reason to believe that disclosing this information is necessary to identify, contact or bring legal action against someone who may be violating the terms of this Agreement; or the copyrights of Stimdia Medical and others; or may be causing injury to or interference with (either intentionally or unintentionally) Stimdia Medical’s rights or property, those of other Stimdia Medical users, or anyone else that could be harmed by such activities.
- General Provisions
7.1 No waiver by Stimdia Medical of any breach of any obligation arising under this Agreement shall constitute a waiver of any other breach and no failure to exercise or partially exercise by Stimdia Medical of any remedy shall constitute a waiver of the right subsequently to exercise that or any other remedy.
7.2 If any provision of this agreement is held by a court of competent jurisdiction to be invalid unlawful or unenforceable for any reason then such part will be severed from the remainder of this agreement, which will continue to be valid and enforceable to the fullest extent permitted by law.
7.3 This Agreement represents the entire understanding between the parties and supercedes any previous communications, representations or understandings, whether oral, written, or relating to the subject matter of this Agreement. The terms of any other or electronic communications relating to the subject matter of this Agreement will not form part of this Agreement.
7.4 Changes and amendments to this Agreement shall be published on the Websites from time to time. Any changes and amendments shall become effective at the date of publication and further use of the Service shall constitute your acceptance of the modified Agreement. You agree that such changes and amendments will bind you despite lack of personal notice.
7.5 This Agreement shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to or application of choice of law rules or principles.
Stimdia Medical, Inc., P.O. Box 251, 5021 Vernon Avenue, Edina, MN 55436