TERMS OF USE
EFFECTIVE DATE: APRIL 10, 2015
Thank you for visiting zyga.com (this “Site”), which is owned and operated by Zyga Technology, Inc. (“Zyga”). Please read these Terms of Use carefully; they describe rules for visitors to this Site.
CALL 911 FOR AN EMERGENCY
This Web site does not provide medical advice. If you think you may have a medical emergency, call your doctor or 911 immediately.
YOUR CONSENT TO THESE TERMS OF USE.
Access to and use of this Site and the information, materials, products and services available through this Site are subject to all applicable laws and regulations and to these Terms of Use. By accessing this Site, you accept, without limitation or qualification, these Terms of Use, which form a legally binding agreement. If you do not agree, please exit this Site.
CHANGES TO THESE TERMS OF USE
We reserve the right to update or modify these Terms of Use at any time, without prior notice, by posting the revised version of these Terms of Use behind the link marked “Terms of Use” at the bottom of each page of this Site. Your continued use of this Site after we have posted the revised Terms of Use constitutes your agreement to be bound by the revised Terms of Use.
YOUR CONSENT TO OUR PRIVACY STATEMENT
By agreeing to these Terms of Use, you agree to the terms of our Privacy Statement, which is expressly incorporated herein. Before using this Site, please carefully review our Privacy Statement. All Personal Information provided to us as a result of your use of this Site will be handled in accordance with our Privacy Statement.
ABOUT THE INFORMATION ON THIS SITE
Much of the material on this Site relates to products and services offered by Zyga. The materials on this Site are for your general educational information only. Information you read on this Site cannot replace the relationship that you have with your health care professional. Zyga 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.Health information changes quickly. Therefore, it is always best to confirm information with your health care professional.
Unless a page on this Site explicitly states otherwise this Site contains information about products and therapies approved and cleared for use in the United States, and is intended for a United States audience. If you live outside the U.S., you may see information on this Site about products or therapies that are not approved or marketed in your country, or may be cleared for different uses or indications in your country.
OUR COPYRIGHTS AND TRADEMARKS
The materials on this Site belong to or are licensed to us. The materials are protected by United States and foreign copyright laws. You may e-mail, download, or print copies of the materials on this Site, but only for your personal, noncommercial use. When you e-mail, download, or print a copy of the materials on this Site, you must also include all copyright and other notices that are in the materials, including the copyright notice on the bottom of the page.
We also own the names we use for our products and services on this Site, and these names are protected by United States and foreign trademark laws. An ® following a name on our web site indicates that the trademark has been registered in the United States. A ™ following a name on our web site indicates that it is an unregistered trademark. All trademarks are the property of their respective owners.
There may be special rules for the use of materials provided on certain parts of this Site. These special rules will be posted near the materials.
If you use the materials or trademarks on this Site in a way that is not clearly allowed by these Terms of Use, you are violating your agreement with us and may be violating copyright, trademark, and other laws. In that case, we automatically revoke your permission to use this Site. Title to the materials remains with us or with the authors of the materials contained on this web site. All rights not expressly granted are reserved.
LINKS TO THIS SITE AND ZYGA MARKS
You are hereby granted a non-exclusive, limited, and revocable license to link to this Site. Zyga reserves the right to revoke this license generally, or your right to use specific links, at any time. If Zyga revokes this license, you agree to remove and disable any and all of your links to this Site immediately.
You agree not to present the link to this Site in such a way that it is associated with advertising or appears to be an endorsement of any organization, product, or service. You agree that the link will not appear on a website that a reasonable person may consider obscene, defamatory, harassing, grossly offensive, or malicious. Under no circumstances may you “frame” this Site or any of its content or copy portions of this Site to a server. You agree not to display or use the Zyga logo or trademark in any manner without our prior written permission.
LINKS TO OTHER WEBSITES
This Site may contain links to websites not operated by Zyga. We provide these links for your convenience, but we do not review, control, or monitor the materials on any other website. These sites may contain information about uses of Zyga products or therapies that have not been approved in the United States. We do not control or endorse this type of information. We are not responsible for the performance of those sites or for your business dealings with them. Your use of other websites is subject to the terms of use of those web sites, including the privacy policies of those sites.
YOUR FEEDBACK, COMMENTS, AND IDEAS
While we are pleased to receive feedback, comments and ideas from visitors to this Site, we want you to understand that any information that you submit through this Site will be considered non-personal, non-confidential, and non-proprietary (other than Personal Information, as that term is defined in our Privacy Statement). If you transmit any ideas, information, concepts, know-how or techniques or materials to us through this Site, you hereby grant Zyga an unrestricted, royalty-free, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute them in any medium, and agree that Zyga is free to use them for any purpose.
MINORS
This Site is not intended for children or minors under the age of thirteen years without the permission of a parent or guardian.
NO WARRANTIES
ALL CONTENT ON THIS SITE IS PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” BASIS. ZYGA HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. ZYGA MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, CURRENCY, OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH THIS SITE. ZYGA MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ARE RESPONSIBLE FOR TAKING ALL PRECAUTIONS NECESSARY TO ENSURE THAT ANY CONTENT YOU MAY OBTAIN FROM THIS WEB SITE IS FREE OF VIRUSES AND ANY OTHER POTENTIALLY DESTRUCTIVE COMPUTER CODE.
Some states do not allow limitations on implied warranties, so one or more of the above limitations may not apply to you.
LIMITATION OF LIABILITY
YOU AGREE THAT NEITHER ZYGA NOR ANY PERSON OR COMPANY ASSOCIATED WITH ZYGA SHALL BE LIABLE FOR ANY DAMAGE RESULTING FROM YOUR USE OR INABILITY TO USE THIS SITE OR THE MATERIALS ON THIS SITE. THIS PROTECTION COVERS CLAIMS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND ANY OTHER LEGAL THEORY. THIS PROTECTION COVERS ZYGA, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND SUPPLIERS. THIS PROTECTION COVERS ALL LOSSES INCLUDING, WITHOUT LIMITATION, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, AND PUNITIVE DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION. THE TOTAL LIABILITY OF ZYGA, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, IF ANY, FOR LOSSES OR DAMAGES SHALL BE LIMITED TO THE AMOUNT OF YOUR ACTUAL DAMAGES, NOT TO EXCEED U.S. $ 100.00. THE LIMIT OF LIABILITY MAY NOT BE EFFECTIVE IN SOME STATES. IN NO EVENT SHALL ZYGA, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SUPPLIERS BE LIABLE TO YOU FOR ANY LOSSES OR DAMAGES OTHER THAN THE AMOUNT DESCRIBED ABOVE. ALL OTHER DAMAGES, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE, RESULTING FROM ANY USE OF THE WEB SITE OR MATERIALS ARE EXCLUDED EVEN IF ZYGA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
MODIFICATION AND DISCONTINUATION
We reserve the right at any time and from time-to-time to modify, edit, delete, suspend or discontinue, temporarily or permanently this Site (or any portion thereof) and/or the information, materials, products and/or services available through this Site (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any such modification, editing, deletion, suspension or discontinuance of this Site.
OTHER RULES FOR THIS SITE
In addition to the rules in these Terms of Use and the Privacy Statement, you may be subject to additional “click-through terms” that may apply when you access particular services or materials on certain areas in this Site, such as when you follow a link from this Site. Please read our Privacy Statement to learn how we protect and use information that we gather through this Site. These Terms of Use (together with our Privacy Statement and any click-through terms on this Site) contain the entire understanding between you and us with respect to use of this Site and no representation, statement, or inducement oral or written, not contained herein shall bind any party to this agreement. You agree to use this Site in a manner consistent with any and all applicable laws, rules, and regulations. You agree not to upload or transmit through this Site any computer viruses, trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer. Any unauthorized modification, tampering or change of any information, or any interference with the availability of or access to this Site is strictly prohibited. We reserve all rights and remedies available to us.
Your obligations under this section and the sections called “Your Feedback”, “No Warranties” and “Limitation of Liability” will survive termination of these Terms of Use.
If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
If you violate these Terms of Use or the Privacy Statement in a way that causes harm to others, you agree to hold Zyga harmless against any liability for that harm.
By using this Site, you agree that the only proper jurisdiction and venue for any dispute with Zyga, or in any way relating to your use of this Site, is in the state and federal courts in the State of Minnesota, U.S.A. You further agree and consent to the exercise of personal jurisdiction in these courts in connection with any dispute involving Zyga or its affiliates, employees, officers, directors, agents, or suppliers.
These Terms of Use are governed by the internal substantive laws of the State of Minnesota, without respect to its conflict of laws principles, and the federal laws of the United States.
QUESTIONS, COMMENTS, AND NOTICES
Zyga may deliver notice to you by electronic mail, a general notice on this Site, or by written communication delivered by First Class U.S. Mail to your address on record with Zyga. You may deliver notice to Zyga by using the Contact Us feature.
