Terms of Use

 

 

Terms of Use

Last Updated: June 15, 2018

 

Canon BioMedical, Inc.’s Terms of Use ("Terms of Use") consist of these terms, the Canon BioMedical Privacy Statement and any supplemental terms or agreements ("Other Agreements") provided to you for any of the products, services, solutions, software, websites, interactive features, forms, mobile and social media pages, other goods and services offered, owned, or operated by Canon BioMedical, Inc., interaction with our employees, agents or contractors, or subsites (collectively, the "Services. This is a legally binding contract in electronic form between you ("you," "your," and "yourself") and Canon BioMedical, Inc. ("Canon BioMedical," "we," "us," and "our") and its parents, successors, subsidiaries, affiliates and related entities.

BY USING THE SERVICES OR REGISTERING WITH ONE OF OUR SUBSITES, YOU ARE AGREEING TO BE BOUND, WITHOUT LIMITATION OR QUALIFICATION, TO THE TERMS OF USE AND ANY OTHER AGREEMENTS AND MAY USE OUR SERVICES AS LONG AS YOU COMPLY WITH THE TERMS OF USE. THE TERMS OF USE APPLY WHETHER YOU ARE ACCESSING THE SERVICES VIA A PERSONAL COMPUTER, A MOBILE DEVICE, OR ANY OTHER TECHNOLOGY OR DEVICE NOW KNOWN OR HEREAFTER DEVELOPED (EACH A "DEVICE").

THE SERVICES ARE INTENDED FOR USE BY INDIVIDUALS RESIDING IN, LOCATED IN OR PURCHASING PRODUCTS OR SERVICES IN THE UNITED STATES. IF YOU DO NOT AGREE WITH THE TERMS OF USE, THEN PLEASE DO NOT USE THE SERVICES.


1. ELIGIBILITY.


In order to use the Services, you need to (A) be 18 or older; and (B) have the power to enter a binding contract with us and not be barred from doing so under any applicable laws in your country of residence. You also warrant that any account information that you submit to Canon BioMedical is true, accurate and complete, and you agree to keep it that way at all times.


2. CHANGES TO THE TERMS OF USE.


Occasionally we may, in our discretion, make changes to the Terms of Use. Any material changes to the Terms of Use will be communicated to you prior to the date the changes become effective. You may stop using the Services if you do not agree with those changes. Your acceptance of and/or continued use of the Services after such notification of changes will constitute your acceptance of such changes.


3. ELECTRONIC COMMUNICATIONS.


Support By Email. When you use the Services, submit forms or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail, or by posting notices on the Services. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Support by Phone. You may connect with Canon BioMedical by phone. You agree that if you provide Canon BioMedical with a mobile number, you will only provide Canon BioMedical with the mobile number you own or are authorized to use, and you consent to receive calls from Canon BioMedical. You understand and agree that you may receive these calls and any voice messages through the use of automated technology, and understand that you are not required to provide consent as a condition of purchasing any goods or services from Canon BioMedical.


4. COPYRIGHT AND TRADEMARK NOTICE


  1. All rights, including but not limited to copyrights and trade secret rights, to the Services belong to Canon BioMedical. All materials on the Site, including but not limited to, images, software, audio and text (the "Content"), are protected by copyright under U.S. copyright law, international conventions and other copyright laws. All Content is owned or licensed by Canon BioMedical or by its third-party licensors. You cannot use the Content, except as specified herein. Any unauthorized use of the Content may violate, without limitation, copyright laws, trademark laws, the laws of privacy and publicity and communications regulations and statutes. Except as specifically set forth herein, any use of the Content on any other website or networked computer environment for any purpose is prohibited.
  2. Canon BioMedical trademarks, logos and service marks and those trademarks, logos and service marks licensed to Canon BioMedical by Canon Inc. (collectively, the "Trademarks") displayed on the Services, including but not limited to, the Canon BioMedical logo, are registered and unregistered marks of Canon BioMedical and Canon Inc., as the case may be. All other trademarks, trade names, product names, service marks and all other non-Canon BioMedical marks are the property of their respective owners.
  3. Except as otherwise set forth below, nothing contained on the Services should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark displayed on the Services without the written permission of Canon BioMedical or such third party that may own other trademarks displayed on the Site.
  4. If you believe that your work has been copied in a way that constitutes copyright infringement, you should send written notification thereof (the “Notification”) to our Web Support Group, which can be reached as follows:

     

    By mail:

    Canon BioMedical, Inc.
    Attn: Web Support Group
    One Canon Park
    Melville, New York 11747

    By Email: ContactUs@canon-biomedical.com

    Pursuant to 17 U.S.C. § 512(c), to be effective, the Notification must include the following:

    1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
    2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
    3. 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 Canon BioMedical to locate the material;
    4. Information reasonably sufficient to permit Canon BioMedical to contact the complaining party, such as an address, telephone number and, if available, an email address;
    5. 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
    6. 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.


    7. This process only relates to reporting a claim of copyright infringement. Messages related to other matters will not receive a response through this process.


    5. SUBMISSIONS.


    1. Any non-personal information, communications or material you submit to Canon BioMedical (“Submissions”) via the Services, by email, or by phone is non-confidential, and Canon BioMedical is free to use and reproduce such Submission(s) freely, and for any purpose. Specifically, Canon BioMedical is free to use any ideas or concepts contained in any such Submissions for any purpose whatsoever, including, but not limited to, developing, manufacturing, advertising and marketing products without compensation to the person submitting such Submission. If Canon BioMedical accepts your Submission and specifically agrees to keep it confidential or not to use it, nevertheless, Canon BioMedical does not waive any rights it may have to similar or related ideas previously known to Canon BioMedical or developed by its employees, or obtained from sources other than you.
    2. You further acknowledge and warrant that the Submission(s) only contain your own material and content or material and content that you have undeniable rights to use, and that Canon BioMedical’s use will not violate any third party's rights.
    3. Canon BioMedical is under no obligation to use any Submission.

    6. USE OF THE SERVICES.


    1. Your use of the Services is also subject to any Other Agreements between you and Canon BioMedical. In the case of any conflict between the Terms of Use and any agreement you have with Canon BioMedical, the terms of your agreement with Canon BioMedical will prevail.
    2. In accessing and using the Services, you agree that you will not:
      1. Transmit, post, distribute, store or destroy material, including without limitation, Content or Trademarks, in violation of any applicable law or regulation, including but not limited to, laws or regulations governing the collection, processing or transfer of personal information, or in breach of Canon BioMedical’s Privacy Statement;
      2. Attempt to gain unauthorized access to the Services, any related website, or other accounts, computer systems or networks connected to the Services, through hacking, password mining or any other means;
      3. Obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services, including by collecting information about others such as email addresses;
      4. Infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;
      5. Interfere with or damage the Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
      6. Use the Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, personal contact information or credit, debit, calling card or account numbers;
      7. Take any action that imposes an unreasonable or disproportionately large load on the Services’ infrastructure;
      8. Send Canon BioMedical any resume or apply for any job on behalf of another party; or
      9. Use the Services for any unlawful purpose or any illegal activity, or post or submit any content, resume or job posting that is defamatory, libelous, implicitly or explicitly offensive, vulgar, obscene, threatening, abusive, hateful, racist, discriminatory, of a menacing character or likely to cause or that could cause annoyance, inconvenience, embarrassment, anxiety or harassment to any person or include any links to pornographic, indecent or sexually explicit material of any kind, as determined by Canon BioMedical, in its sole discretion.

      7. LINKS TO OTHER WEBSITES.


      1. As a courtesy, the Services may contain links to other Canon websites and microsites to which you may have access ("Canon BioMedical Sites"). The Canon BioMedical Sites maintain their own unique terms and conditions and the Terms of Use for the Services shall in no way modify, alter or supersede the terms and conditions of the Canon BioMedical Sites, and you will be bound by such terms and conditions if you access the Canon BioMedical Sites.
      2. The Services may also contain links to other Internet sites, which may not be maintained or controlled by Canon BioMedical. Canon BioMedical provides such links for your convenience only, and is not responsible for the content of any site linked to or from the Services. Links from the Services to any other site does not mean that Canon BioMedical approves, or endorses or recommends that site.
      3. Canon BioMedical disclaims all warranties, express or implied, as to the accuracy, legality, reliability or validity of any content on any Canon BioMedical Sites or other sites.

      8. SALE OF PRODUCTS AND SERVICES.


      Terms of Sale: You acknowledge and agree that your rights and responsibilities regarding purchases made of the products and services offered by Canon BioMedical will be governed by such other terms and conditions as provided in the applicable terms of sale.

      Request for Sales Quotation: If you would like to request a sales quotation for products and services offered by Canon BioMedical in the United States, please contact ContactUs@canon-biomedical.com.

      Pricing: We cannot confirm the price or availability of an item until you order. We try to be as accurate as possible, however, despite our efforts, certain items displayed on the Services may not be available for sale, an offer for the sale of an item may have been misstated or expired, or an item may be mispriced.

      Availability of Products and Services: The Services refer to products and/or services that are generally available for purchase in the United States but may not be available in your particular country or locality. The reference to such products and services on the Services does not imply or warrant that these products or services will be available at any time in your particular location, or at the price or terms displayed on the Services. We do not warrant that product descriptions or other Content available on the Services is accurate, complete, reliable, current or error-free.


      9. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY; THE SERVICES ARE NOT A SOURCE OF MEDICAL ADVICE.


      1. YOUR USE OF, AND RELIANCE ON, ANY ADVICE OR INFORMATION OBTAINED FROM OR THROUGH THE SERVICES IS AT YOUR OWN RISK. YOUR USE OF AND BROWSING IN THE SERVICES ARE AT YOUR OWN RISK. CANON BIOMEDICAL MAKES NO WARRANTIES OR REPRESENTATIONS AS TO THE ACCURACY OF THE INFORMATION CONTAINED ON THE SERVICES. THE SERVICES ARE NEITHER INTENDED NOR RECOMMENDED AS A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE. YOU SHOULD NOT USE THE CONTENT OF THE SERVICES FOR DIAGNOSING A HEALTH PROBLEM OR DISEASE. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROFESSIONAL REGARDING ANY MEDICAL CONDITION OR TREATMENT. NEVER DISREGARD MEDICAL ADVICE OR DELAY IN SEEKING IT AS A RESULT OF INFORMATION PRESENTED ON THE SERVICES. CANON BIOMEDICAL DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS THAT THE SERVICES WILL OPERATE ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR ANY SERVER WILL BE FREE OF VIRUSES AND/OR OTHER HARMFUL COMPONENTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM CANON BIOMEDICAL OR THROUGH THE SERVICES, FORM RESPONSES, EMAIL RESPONSES, OR RETURN PHONE CALLS, OR COLLECTIVE CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
      2. UNDER NO CIRCUMSTANCES WILL CANON BIOMEDICAL, ITS EMPLOYEES, AFFILIATES OR CONTRACTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER, including but not limited to: (i) loss of goodwill, profits, business interruption, data or other intangible losses; (ii) your inability to use, unauthorized use of, performance or non-performance of the Services; (iii) unauthorized access to or tampering with your personal information or transmissions; (iv) the provision or failure to provide any service; (v) errors or inaccuracies contained in the Services or any materials or content obtained through the Services; (vi) any property damage including damage to your device or computer system caused by viruses or other harmful components during or on account of access to or use of the Services, including any site to which the Services provides hyperlinks; or (viii) damages otherwise arising out of your use of or access to the Services, or the content of any site or sites linked to or from the Services. These limitations of liability shall apply regardless of the form of action, whether based on contract, tort, negligence, strict liability or otherwise, even if Canon BioMedical has been advised of the possibility of damages.
      3. YOU ARE RESPONSIBLE FOR TAKING APPROPRIATE PRECAUTIONS AGAINST DAMAGE TO YOUR OPERATIONS WHICH COULD BE CAUSED BY DEFECTS, INTERRUPTIONS, OR MALFUNCTIONS OF THE SERVICES AND ASSUME THE RISK OF SUCH OCCURRENCES. OTHER THAN AS WITH SPECIFIC PRODUCT WARRANTIES, CANON BIOMEDICAL MAKES NO EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS REGARDING THE SERVICES OR ANY PRODUCTS OR SERVICES OFFERED ON THE SERVICES. CANON BIOMEDICAL SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF ACCURACY OF FACTUAL INFORMATION ON THE SERVICES, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO SATISFACTORY PERFORMANCE, QUALITY, ACCURACY AND EFFORT IS WITH YOU.
      4. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE SERVICES IS PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, INFORMATIONAL CONTENT, OR NON-INFRINGEMENT. CANON BIOMEDICAL MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICES OR THE INFORMATION, CONTENT OR MATERIALS PROVIDED IN CONNECTION WITH THE SERVICES. CANON BIOMEDICAL ASSUMES NO LIABILITY AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR USE OF THE SERVICES.
      5. INFORMATION ON THE SERVICES REGARDING PRODUCTS AND SERVICES, INCLUDING THEIR AVAILABILITY, APPEARANCE, PRICE AND SPECIFICATIONS IS SUBJECT TO CHANGE WITHOUT NOTICE. SUCH INFORMATION SHALL NOT CONSTITUTE A REPRESENTATION, WARRANTY OR OTHER COMMITMENT BY CANON BIOMEDICAL WITH RESPECT TO ANY PRODUCT OR SERVICE AND CANON BIOMEDICAL HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, AS TO THE ACCURACY, MERCHANTABILITY AND SUITABILITY FOR ANY PARTICULAR PURPOSE OR COMPLETENESS THEREOF.
      6. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER, EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES, LIABILITIES AND DAMAGES, SO SOME OF THE ABOVE DISCLAIMERS, EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, CANON BIOMEDICAL’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. CHECK THE LAWS OF YOUR COUNTRY.
      7. Additionally, software from the Services may be further subject to United States export laws, rules and regulations, as amended from time to time. No software from the Services may be downloaded or exported (i) into (or to a national or resident of) Iraq, Libya, North Korea, Iran, Syria, Sudan or any other country to which the United States has embargoed goods; or (ii) to anyone on the United States Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

      10. INDEMNITY.


      You agree to release, defend, indemnify and hold harmless Canon BioMedical, its parents and affiliates, from and against all claims, actions, demands, liabilities, costs and expenses, including, without limitation, reasonable attorneys’ fees, resulting from your breach of any provision of the Terms of Use, or any warranty you provide herein, or otherwise arising in any way out of your use of the Services. You agree to cooperate fully with Canon BioMedical in asserting any available defenses in connection with a claim subject to indemnification by you under the Terms of Use.


      11. TERMINATION.


      1. Canon BioMedical may terminate access to the Services at any time without cause or upon your request.
      2. The provisions of the Terms of Use which by their nature extend beyond termination will survive termination.

      12. MISCELLANEOUS PROVISIONS.


      1. The Terms of Use and your access and use of the Services, will be governed by and construed in accordance with the laws of the State of New York, irrespective of its choice of law principles, and the parties agree that it is executed and delivered in that state. In the event any legal action becomes necessary to enforce or interpret the Terms of Use of the Services, you submit to the personal jurisdiction of the federal and state courts having jurisdiction for the State of New York.
      2. Failure to require the performance of the Terms of Use or any term or condition of the Services or the waiver of any breach will not prevent subsequent enforcement of the Terms of Use or such term or condition nor be deemed a waiver of any subsequent breach of the Terms of Use or that or any other term or condition of the Services.
      3. You shall not have the right or power to assign any of Your rights or obligations set forth herein, without Canon BioMedical's prior written consent. Any such assignment without Canon BioMedical’s prior written consent will be null and void.
      4. The Terms of Use will be binding upon the parties, their affiliates, agents, successors and assigns.
      5. Section headings are inserted for convenience only and are not a part of the Terms of Use.
      6. If any provision of the Terms of Use or the application of any provision is held invalid, the remainder of the Terms of Use and the application of the provision other than to the extent it is held invalid, will not be invalidated or affected.
      7. The Terms of Use are the complete and exclusive statement of agreement between you and Canon BioMedical concerning the subject matter hereof and supersede all prior agreements, verbal or written and any other communications between the parties relating to the subject matter hereof. No amendment to the Terms of Use will be effective unless signed by an authorized representative of Canon BioMedical.
  • ©   Canon BioMedical, Inc. All Rights Reserved. Reproduction in whole or part without permission is prohibited.