Last Revised: May 17th, 2013
CHANGES TO AGREEMENT AND ADDITIONAL RULES OF USAGE
Theravent, Inc. reserves the right, at any time and without prior notice, to modify, alter or update this Agreement. The date of the most recent revision will appear on this page. Continued access to the Site and use of the Services by you will constitute your acceptance of any changes or revisions to the Agreement.
Theravent, Inc. also reserves the right to post, from time to time, additional rules of usage that apply to specific parts of the Site, which may be posted in the relevant parts of the Site, and will be clearly identified. Your continued use of the Site constitutes your agreement to comply with these additional rules.
SUSPENSION OR TERMINATION OF YOUR USE
Your failure to follow the requirements of this Agreement may result in suspension or termination of your access to the Services, without notice, in addition to Theravent, Inc.’s other remedies. Theravent, Inc. further reserves the right to terminate, without notice, any user’s access to or use of the Site for any reason.
Theravent, Inc. reserves the right without notice, at any time and for any reason, to terminate the Site or any portion thereof or any products or Services offered through the Site.
OWNERSHIP OF THE SITE AND SITE INFORMATION
The Site is expressly owned and operated by Theravent, Inc. Unless otherwise noted, the design and content features on the Site, including information and other materials, illustrations, product layout and design, icons, navigational buttons, images, artwork, graphics, photography, text, data, audio sound, software and the like, as well as the selection, assembly and arrangement thereof (the “Site Information”), are owned by Theravent, Inc. or its affiliates or are licensed from third party service providers by Theravent, Inc. The Site, as a whole and in part, is protected by copyright, trademark, service mark, trade name, and other intellectual property and other proprietary rights, and all other applicable rights are reserved.
SITE INFORMATION IS PROVIDED “AS IS”
Site Information is provided “as is” with all faults. You use the Site Information, as authorized herein, at your own risk. Site Information may contain errors, omissions, or typographical errors or may be out of date. The Site may change, delete or update any Site Information at any time and without prior notice.
USE OF THE SERVICE BY YOU
You may view and use the Site Information only for your personal information and for shopping and ordering on the Site. Except as set forth in this Agreement, the Site does not grant to you any right to use, reproduce, copy, modify, transfer, display, publish, sell, license, create derivative works, publicly perform, or distribute by any means, method or process any Site Information. Your right to use of the Site and the Services is personal to you — you may not authorize others to use the Site and the Services, and you are responsible for all use of the Site and the Services by you and by those you allow to use, or provide access to, the Site and the Services. You agree to use the Site and the Services only for lawful purposes and you acknowledge that your failure to do so may subject you to civil and criminal liability.
NON-COMMERCIAL USE ONLY
The Site is for the personal use of individuals only and may not be used in connection with any commercial endeavors. Organizations, companies and/or businesses may not use the Services, the Site Information or the Site for any purpose without written consent of or agreement with Theravent, Inc. You agree not to make use of Site Information by publication, re-transmission, distribution, performance, caching, or otherwise, except as permitted by law or as expressly permitted in writing by this Agreement or Theravent, Inc. Illegal and/or unauthorized uses of the Site, including efforts to collect usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the Site, will be investigated and appropriate legal action will be taken, including without limitation, civil, criminal and injunctive redress.
ELIGIBILITY TO USE THE SITE AND THE SERVICES
The Site and the Services are not intended for users under the age of 18. To register for any Services offered on the Site, you must be 18 years of age or older. If you are a minor under the age of 18, you may only use the Site in conjunction with your parents or guardians. Theravent, Inc. does not knowingly collect personally identifiable information from users under the age of 13. Children under 13 should not use the Site. If a child under 13 submits information through any part of the Site, and Theravent, Inc. becomes aware that the person submitting the information is a child, we will attempt to delete this information as soon as possible.
In order to open an account with us, you will need to provide us with certain information, including your name, address, phone number and email address. If necessary, we will assist you in creating a user ID and a password. You are responsible for maintaining the security of your log-in information and password.
We collect information, including personal information, about you when you use our Site. For example, to open an account with us, you will need to provide us with certain information, including your name, address, phone number, and e-mail address. If necessary, we will assist you in creating a user ID and a password. You are responsible for maintaining the security of your log-in information and password. When you request to purchase items in our PCI level 1 certified shopping cart, we will process your transaction using SSL encryption and forward your request and basic account information to logistics service providers.
FREIGHT TERM, TITLE TRANSFER
Unless otherwise agreed products shall be shipped “F.O.B Origin” (Theravent, Inc.’s or its logistics partner’s warehouse), regardless of prepaid freight by Theravent, Inc. or express freight paid by the customer. Title to and risk of loss to products shall pass to Buyer upon shipment. Neither the time method nor place of payment, method of shipment, form of shipping document, nor place of acceptance of Buyer’s order shall alter the foregoing.
CONTENT SUPPLIED BY YOU
Theravent, Inc. may make certain Services available to registered users and facilitate such users’ ability to post content, including information, text, images, photographs, graphics, comments and reviews, discussion or bulletin board postings and other materials (“Content”) to the Site, subject to the restrictions set forth in this Agreement. If you post any Content to any portion of the Site, you agree not to post any unacceptable Content (“Unacceptable Content”). Unacceptable Content includes, but is not limited to, Content that:
- Concerns a use for which a product is not intended;
- Is lewd, profane, obscene, or indecent, including any Content that is violent or pornographic or that contains nudity, explicit violent or sexual material, or depictions of violent or sexual acts;
- Is harassing, threatening, abusive, inflammatory or otherwise objectionable, including Content used to harass, stalk or threaten a person;
- Is unlawful or that could facilitate the violation of any applicable law, regulation or governmental policy, or the rights of any third party;
- Offers or disseminates any fraudulent goods, services, schemes or promotions, including any “make money fast” schemes or pyramid schemes;
- Is libelous, defamatory, or knowingly false or misrepresents another person;
- Seeks to impersonate any person or entity, or falsely state or otherwise represent your affiliation with a person or entity;
- Promotes an illegal or unauthorized copy of another person’s copyrighted work, or infringes upon the intellectual property rights of any third party, including the copyrights, trademarks, trade names, trade secrets or patents of such third party, or is posted without the express permission of the owner(s) of such rights;
- Includes any material that is encrypted or that involves the transmission of “junk mail,” unsolicited mass mailing or spamming, or unauthorized advertising;
- Is harmful to Theravent, Inc. or any other party’s systems and networks, including any transmissions which may damage, interfere with, surreptitiously intercept, or expropriate any system, program, data or personal information;
- Violates any obligation of confidentiality or violates the privacy, publicity, moral or any other right of any third party; and
- Consists of any other Content that Theravent, Inc. in its sole discretion deems to be Unacceptable Content.
By posting Content or engaging in any other form of communication through the Site, you grant Theravent, Inc., and represent and warrant that you have the right to so grant, a royalty-free, perpetual, irrevocable, non-exclusive, transferable, unrestricted, worldwide license to use, reproduce, modify, adapt, perform, display, transmit, translate, publish, create derivative works of, sell, sublicense, distribute, incorporate into other works, and otherwise exploit such Content or communication, in whole or in part, alone or with other materials, and to sell, grant and authorize sublicenses of the foregoing, in any form, medium or technology now known or hereafter created or devised, throughout the world, for any purpose, including without limitation commercial, advertising and promotional activities, without compensation to you.
CONTENT POSTED BY USERS IS NOT ENDORSED BY THERAVENT, INC.
Theravent, Inc. does not necessarily endorse, support, sanction, encourage, verify, or agree with the Content posted by users on the Site. Any Content placed on the Site, including advice and opinions, are the views and responsibility of those who post the Content and do not necessarily represent the views of Theravent, Inc. or its third party service providers. Theravent, Inc. reserves the right, but undertakes no duty, to review, edit, move or delete any Content posted on the Site, in its sole discretion, without notice. You agree that Theravent, Inc. and its third party service providers are not responsible, and shall have no liability to you, with respect to any Content posted to the Site by others, including Unacceptable Content that violates this Agreement.
THIRD PARTY LINKS
Theravent, Inc. respects the intellectual property of others, and we ask our users to do the same. Theravent, Inc. may, at its discretion, terminate the access of users, subscribers, and account holders who infringe the copyright rights of others. If you believe that your work has been copied and is accessible on the Site in a way that constitutes copyright infringement, or that the Site contains links or other references to another online location that contains material or activity that infringes your copyright rights, you may notify Theravent, Inc. in writing by providing a notice containing the information set forth below to:
2033 Gateway Place, Suite 500, San Jose, California 95110 USA
Attention: Legal Department
The notice of copyright infringement must contain:
- A physical or electronic signature of a person authorized to act on behalf of the copyright owner.
- Identification of the copyrighted work(s).
- Identification of the material that is claimed to be infringing and that is to be removed, and information reasonably sufficient to to locate the material on the Site.
- Contact information for the person sending the notice, such as an address, telephone number, and email address.
- A statement that the person sending the notice 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.
- A statement that the information in the notice is accurate, and under penalty of perjury, that the person sending the notice is authorized to act on behalf of the copyright owner.
You agree to indemnify Theravent, Inc. and its affiliates, officers, directors, employees, agents, representatives, joint venturers, and third party service providers, and to defend and hold each of them harmless, from any and all claims and liabilities (including attorneys fees) which may arise from your Content submissions, from your use of the Services or Site Information obtained through the Site, or from your breach of this Agreement.
DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY
YOU ACKNOWLEDGE THAT YOU ARE USING THE SITE AND THE SERVICES AT YOUR OWN RISK. THE SITE, THE SITE INFORMATION AND THE SERVICES ARE PROVIDED “AS IS,” AND TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, THERAVENT INC., ITS AFFILIATES AND ITS THIRD PARTY SERVICE PROVIDERS HEREBY EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF ACCURACY, COMPLETENESS OR RELIABILITY, TITLE, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR ANY OTHER WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM. THERAVENT INC., ITS AFFILIATES, AND ITS THIRD PARTY SERVICE PROVIDERS DO NOT REPRESENT OR WARRANT THAT ACCESS TO THE SITE AND ITS SERVICES WILL BE UNINTERRUPTED OR THAT THERE WILL BE NO FAILURES, ERRORS OR OMISSIONS, OR LOSS OR SECURITY BREACH OF TRANSMITTED INFORMATION, OR THAT NO VIRUSES WILL BE TRANSMITTED THROUGH ACCESS TO OR USE OF THE SITE.
THERAVENT INC., ITS AFFILIATES AND ITS THIRD PARTY SERVICE PROVIDERS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTIES FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THIS AGREEMENT, THE PROVISION OF SERVICES HEREUNDER, THE SALE OR PURCHASE OF ANY MERCHANDISE ORDERED THROUGH THE SITE, YOUR ACCESS TO OR INABILITY TO ACCESS THE SITE, SITE INFORMATION, OR SERVICES, INCLUDING FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE SERVICES, YOUR USE OF OR RELIANCE ON THE SERVICES, THE SITE INFORMATION OR MATERIALS AVAILABLE THROUGH THIRD PARTY SITES LINKED TO THE SITE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.
YOU HEREBY AGREE TO RELEASE THERAVENT INC., ITS AFFILIATES AND THIRD-PARTY SERVICE PROVIDERS, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED (“CLAIMS”), ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THIS SITE AND ITS SERVICES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, IN PART: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.
When you visit the Site or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you be email 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.
JURISDICTION AND GOVERNING LAW
Theravent, Inc. makes no representation that the Site Information, the Services or products offered through the Site are appropriate, available or legal in any particular location. Those who choose to access the Site Information, the Services and products offered through the Site do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. You agree that this Agreement, for all purposes, shall be governed and construed in accordance with the laws of the State of California and any action based on or alleging a breach of this Agreement must be brought in a state or federal court located in northern California. In addition, both parties agree to submit to the exclusive personal jurisdiction and venue of such courts.
THE SITE IS FOR USE IN THE UNITED STATES
The Site is hosted in the United States and is intended for users located in the United States. If you are a non-U.S. user of the Site, by visiting the Site, using its Services and/or providing us with any Content, you agree to comply with all applicable laws governing the Site, its Services, online conduct and acceptable Content. You further agree to comply with all applicable laws regarding the transmission of data exported from the United States or the country in which you reside.
Theravent, Inc., Theravent, Provent and the Site names, logos and other identifying marks are the property of Theravent, Inc. All other trademarks are property of their respective companies. All trademarks and registered trademarks are protected by U.S. and international trademark laws.