Terms of Use

Terms Of Use

BY ACCESSING THE CANON BIOMEDICAL, INC. (“CBMI,” “US” or “WE”) WEB PAGES, INTERACTIVE FEATURES, AND FORMS LOCATED AT _________________(THE “SITE”), YOU AGREE TO BE BOUND BY THESE TERMS OF USE (“TERMS OF USE”), AS AMENDED, FROM TIME TO TIME. YOUR AGREEMENT WITH US INCLUDES THESE TERMS OF USE, OUR PRIVACY STATEMENT AND ANY SUPPLEMENTAL TERMS OR AGREEMENTS PROVIDED TO YOU WITH REGARD TO ANY OF THE PRODUCTS, SERVICES, SOFTWARE, MOBILE AND SOCIAL MEDIA PAGES OR WEBSITES (THE “AGREEMENTS”). IF YOU DO NOT AGREE WITH THESE AGREEMENTS, THEN PLEASE DO NOT USE THE SITE.

1. ELIGIBILITY

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

2. CHANGES TO THE AGREEMENTS

Occasionally we may, in our discretion, make changes to the Site and Agreements. Any material changes will be communicated to you 60 days prior to the changes are made effective. You may stop using the Site if you do not agree with those changes. Your acceptance of and/or continued use of the Site after such notification of changes to the Agreements will constitute your acceptance of such changes.

3. ELECTRONIC COMMUNICATIONS

Support By Email. When you use the Site, 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 Site. 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 CBMI by phone. You agree that if you provide CBMI with a mobile number, you will only provide CBMI with the mobile number you own, and you consent to receive calls from CBMI. 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 CBMI.

4. COPYRIGHT AND TRADEMARK NOTICE

  1. All rights, including but not limited to copyrights and trade secret rights, to the Site belong to CBMI. 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 CBMI. 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 web site or networked computer environment for any purpose is prohibited.
  2. CBMI trademarks, logos and service marks and those trademarks, logos and service marks licensed to CBMI by Canon Inc. (collectively, the “Trademarks”) displayed on the Site, including but not limited to, the CBMI logo, are registered and unregistered marks of CBMI and Canon Inc., as the case may be. All other trademarks, trade names, product names, service marks and all other non-CBMI marks are the property of their respective owners.
  3. Except as otherwise set forth below, nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark displayed on the Site without the written permission of CBMI or such third party that may own other trademarks displayed on the Site. 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, who can be reached as follows:
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    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 CBMI to locate the material.
    4. Information reasonably sufficient to permit CBMI 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.
    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.

     

    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 TO THE SITE

Any non-personal information, communications or material you submit to CBMI (“Submissions”) at the Site, by email, or by phone is non-confidential, and CBMI is free to use and reproduce such Submission(s) freely, and for any purpose. Specifically, CBMI 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 CBMI accepts your Submission and specifically agrees to keep it confidential or not to use it, nevertheless, CBMI does not waive any rights it may have to similar or related ideas previously known to CBMI or developed by its employees, or obtained from sources other than you.

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 CBMI’s use will not violate any third party's rights.

CBMI is under no obligation to use any Submission.

6. USE OF THE SITE

  1. Your use of the Site is also subject to any other agreements you may have with CBMI. In the case of any conflict between these Terms of Use and any agreement you have with CBMI, the terms of your agreement will prevail.
  2. In accessing and using the Site, 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 CBMI’s privacy statement.
    2. Attempt to gain unauthorized access to the Site, any related website, or other accounts, computer systems or networks connected to the Site, 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 Site, 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 Site, 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 Site 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 Site's infrastructure.
    8. Send CBMI any resume or apply for any job on behalf of another party.
    9. Use the Site 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 annoyance, inconvenience, embarrassment, anxiety or could cause harassment to any person or include any links to pornographic, indecent or sexually explicit material of any kind, as determined by CBMI’s sole discretion.

7. LINKS TO OTHER WEBSITES

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

Availability of Products and Services: The products and services displayed on the Site may not be available for purchase in your particular country or locality. The reference to such products and services on the Site 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 Site. We do not warrant that product descriptions or other Content available on the Site is accurate, complete, reliable, current or error-free.

INFORMATION REGARDING PRODUCTS AND SERVICES, INCLUDING THEIR AVAILABILITY, APPEARANCE, PRICE AND SPECIFICATIONS IS SUBJECT TO CHANGE WITHOUT NOTICE. SUCH INFORMATION DOES NOT CONSTITUTE A REPRESENTATION, WARRANTY OR OTHER COMMITMENT BY CBMI WITH RESPECT TO ANY PRODUCT OR SERVICE AND CBMI HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, AS TO THE ACCURACY, MERCHANTABILITY, AND SUITABILITY FOR ANY PARTICULAR PURPOSE OR COMPLETENESS THEREOF.

9. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY; THE SITE IS NOT A SOURCE OF MEDICAL ADVICE

  1. YOUR USE OF, AND RELIANCE ON, ANY ADVICE OR INFORMATION OBTAINED FROM OR THROUGH THE SITE IS AT YOUR OWN RISK. YOUR USE OF AND BROWSING ON THE SITE ARE AT YOUR OWN RISK. CBMI MAKES NO WARRANTIES OR REPRESENTATIONS AS TO THE ACCURACY OF THE INFORMATION CONTAINED ON THE SITE. THE SITE IS NEITHER INTENDED NOR RECOMMENDED AS A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE. YOU SHOULD NOT USE THE CONTENT OF THE SITE 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 SITE.

    CBMI DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS THAT THE SITE WILL OPERATE ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR ITS SERVER WILL BE FREE OF VIRUSES AND/OR OTHER HARMFUL COMPONENTS.

    NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM CBMI OR THROUGH THE SITE, FORM RESPONSES, EMAIL RESPONSES, OR RETURN PHONE CALLS, OR COLLECTIVE CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

    1. UNDER NO CIRCUMSTANCES WILL CBMI, ITS EMPLOYEES, AFFILIATES OR CONTRACTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER, including but not limited to:

    2. (i) loss of goodwill, profits, business interruption, data or other intangible losses
    3. (ii) your inability to use, unauthorized use of, performance or non-performance of the Site;
    4. (iii) unauthorized access to or tampering with your personal information or transmissions;
    5. (iv) the provision or failure to provide any service;
    6. (v) errors or inaccuracies contained in the Site or any materials or content obtained through the Site;
    7. (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 Site, including any site to which the Site provides hyperlinks; or
    8. (vii) damages otherwise arising out of your use of or access to the Site, or the content of any site or sites linked to or from the Site. These limitations of liability shall apply regardless of the form of action, whether based on contract, tort, negligence, strict liability or otherwise, even if CBMI has been advised of the possibility of damages.
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  2. YOU ARE RESPONSIBLE FOR TAKING APPROPRIATE PRECAUTIONS AGAINST DAMAGE TO YOUR OPERATIONS WHICH COULD BE CAUSED BY DEFECTS, INTERRUPTIONS, OR MALFUNCTIONS OF THE SITE AND ASSUME THE RISK OF SUCH OCCURRENCES. OTHER THAN AS WITH SPECIFIC PRODUCT WARRANTIES, CBMI MAKES NO EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS REGARDING THE SITE OR ANY PRODUCTS OR SERVICES OFFERED ON THE SITE. CBMI SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF ACCURACY OF FACTUAL INFORMATION ON THE SITE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO SATISFACTORY PERFORMANCE, QUALITY, ACCURACY AND EFFORT IS WITH YOU.

  3. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE SITE 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. CBMI MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT OR MATERIALS PROVIDED IN CONNECTION WITH THE SITE. CBMI 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 SITE.

  4. INFORMATION ON THE SITE REGARDING PRODUCTS AND SERVICES, INCLUDING THEIR APPEARANCE AND SPECIFICATION IS SUBJECT TO CHANGE WITHOUT NOTICE. SUCH INFORMATION SHALL NOT CONSTITUTE A REPRESENTATION, WARRANTY OR OTHER COMMITMENT BY CBMI WITH RESPECT TO ANY PRODUCT OR SERVICE AND CBMI HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, AS TO THE ACCURACY, SUITABILITY FOR ANY PURPOSE OR COMPLETENESS THEREOF.

  5. 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, CBMI’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. CHECK THE LAWS OF YOUR COUNTRY.

    1. Additionally, software from the Site may be further subject to United States Export laws, rules and regulations, as amended from time to time. No software from the Site may be downloaded or exported

    2. (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
    3. (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 CBMI, 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 these Terms of Use, or any warranty you provide herein, or otherwise arising in any way out of your use of the Site. You agree to cooperate fully with CBMI in asserting any available defenses in connection with a claim subject to indemnification by you under these Terms of Use.

11. TERMINATION

  1. CBMI may terminate access to the Site at any time without cause or upon your request.

  2. The provisions of these Terms of Use which by their nature extend beyond termination will survive termination.

12. MISCELLANEOUS PROVISIONS

  1. These Terms of Use and your access and use of the Site, 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 interprete the Terms of Use of the Site, 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 any term or condition of the Site or the waiver of any breach, will not prevent subsequent enforcement of such term nor be deemed a waiver of any subsequent breach of that or any other Terms of Use of the Site.

  3. You shall not have the right or power to assign any of Your rights or obligations set forth herein, without CBMI's prior written consent. Any such assignment without CBMI’s prior written consent will be null and void.

  4. The Terms of Use of the Site 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 these Terms of Use.

  6. If any provision of these Terms of Use or the application of any provision is held invalid, the remainder of these 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. These Terms of Use are the complete and exclusive statement of agreement between you and CBMI concerning the subject matter hereof and supersedes all prior agreements, verbal or written and any other communications between the parties relating to the subject matter hereof. No amendment to this agreement will be effective unless signed by an authorized representative of CBMI.

  • ©   Canon BioMedical, Inc. All Rights Reserved. Reproduction in whole or part without permission is prohibited.