TERMS AND CONDITIONS OF USE
PLEASE READ ALL THESE PROVISIONS (“TERMS”) CAREFULLY BEFORE USING THE BIOSENSORS.COM WEBSITE (“WEBSITE”). ACCESS TO THE WEBSITE IS SUBJECT TO THESE TERMS, WHICH MAY BE UPDATED BY US FROM TIME TO TIME WITHOUT NOTICE. ANY USE OF THIS WEBSITE WILL BE SUBJECT TO YOUR ACCEPTANCE OF THESE TERMS AS THEY MAY BE AMENDED FROM TIME TO TIME, WHICH YOU MAY DO BY CLICKING ON THE BOX ON THE ENTRY PAGE. YOU SHOULD REFER TO THESE TERMS REGULARLY BECAUSE THEY ARE BINDING ON YOU. IF YOU DO NOT ACCEPT THESE TERMS, YOU WILL NOT BE PERMITTED TO USE THIS WEBSITE OR DOWNLOAD ANY MATERIAL FROM THIS WEBSITE. THIS WEBSITE IS PROVIDED ONLY FOR YOUR PERSONAL INFORMATION AND NONCOMMERCIAL USE. NOT ALL PRODUCTS ARE AVAILABLE OR APPROVED IN ALL AREAS.
A. USE OF MATERIAL
You are authorized only to view and use the material on this Website solely for your personal, noncommercial use. The contents of this Website, such as text, graphics, photographs, images, documents and other materials (collectively, “Material”), are protected by copyright worldwide under both United States and foreign laws. The Material is the sole property of Biosensors International Group Ltd. (“Biosensors”), except for information provided by third-party providers under contract to Biosensors, its subsidiaries or affiliates. Unauthorized use of any of the Material may violate copyright, trademark and other laws. You may not sell or modify the Material or reproduce, display, publicly perform, distribute or otherwise use the Material in any way for any public or commercial purpose. If you use the Material on this Website for your personal, noncommercial use, you must retain and reproduce the copyright notices included in the Material.
Unless otherwise specified, all product names appearing in this Website are trademarks owned by or licensed to Biosensors, its subsidiaries or affiliates. No use of any Biosensors trademark, trade name or trade dress in this Website may be made without the prior written authorization of Biosensors, except to identify the product or services of the company. Except as specifically permitted above, no license or right, express or implied, is granted to any person under any patent, trademark or other proprietary right of Biosensors or its subsidiaries or affiliates.
B. DISCLAIMERS BY BIOSENSORS AND LIMITATION OF LIABILITY
(1) It is Biosensors’ intent to describe on this Website the most current developments relating to our products and other information about our company. However, Biosensors does not warrant the accuracy, effectiveness, reliability, completeness, timeliness or suitability of any information contained in this Website. Each person assumes full responsibility and all risks arising from the use of this Website. Biosensors reserves the right to make additions, deletions or modifications to the Material on this Website at any time without any prior notification.
(2) This Website may contain hyperlinks to third-party websites. These links are provided solely as a convenience to you and not as an endorsement by Biosensors of the contents of such third-party websites. Biosensors is not responsible for the content of linked third-party websites and makes no warranties of any kind regarding the content, accuracy, effectiveness, timeliness or suitability of any information or content obtained from third parties, including by way of hyperlinks to or from third-party websites. If you decide to access linked third-party websites, you do so at your own risk.
(3) Unless otherwise noted, product names, descriptions and labeling are of non-U.S. origin. Most of the products listed are available only through local healthcare professionals. No director, officer, employee, agent, or representative of Biosensors, its subsidiaries or affiliates is engaged in rendering medical advice, diagnosis, treatment or other medical services that in any way creates a physician-patient relationship through this Website. Always seek the advice of your physician regarding any medical condition or treatment.
(4) Biosensors does not assume any liability for the Material, information and opinions provided on, posted to or otherwise available through this Website. Reliance on such Material, information or opinions is solely at your own risk. Biosensors disclaims any liability for injury or damages resulting from the use of this Website, or the content contained hereon.
(5) BIOSENSORS DOES NOT WARRANT THAT THIS WEBSITE WILL OPERATE ERROR-FREE OR THAT THE WEBSITE AND ITS SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL CONTENT. IF YOUR USE OF THIS WEBSITE, THE MATERIAL OR THE RELATED SOFTWARE RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, BIOSENSORS IS NOT RESPONSIBLE FOR THOSE COSTS.
(6) BIOSENSORS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND OR NATURE WITH RESPECT TO THE MATERIAL POSTED ON THIS WEBSITE, ALL OF WHICH IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. BIOSENSORS DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, CREATED BY LAW, CONTRACT OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NONINFRINGEMENT. IN NO EVENT SHALL BIOSENSORS, ITS SUBSIDIARIES, AFFILIATES, VENDORS OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS (COLLECTIVELY, “BIOSENSORS PARTIES”) BE LIABLE FOR ANY DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR INABILITY TO USE, THIS WEBSITE, THE SITE CONTENT, ANY SERVICES PROVIDED ON OR THROUGH THIS WEBSITE OR ANY LINKED SITE, INCLUDING ANY SPECIAL, DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION PERSONAL INJURY, LOST PROFITS OR DAMAGES RESULTING FROM DELAY, INTERRUPTION IN SERVICE, VIRUSES, DELETION OF FILES OR ELECTRONIC COMMUNICATIONS, OR ERRORS, OMISSIONS OR OTHER INACCURACIES IN THIS WEBSITE OR THE SITE CONTENT, WHETHER OR NOT THERE IS NEGLIGENCE BY THE BIOSENSORS PARTIES AND WHETHER OR NOT ANY OF THE BIOSENSORS PARTIES HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.
SOME COUNTRIES AND/OR JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY, SO SOME OR ALL OF THE FOREGOING PROVISIONS MAY NOT APPLY TO YOU.
C. ADDITIONAL CONDITIONS TO YOUR ACCESS OR USE OF THIS WEBSITE
(1) You agree not to disrupt or intercept Biosensors’ electronic information posted on this Website or on any of our servers. You also agree not to attempt to circumvent any security features of our Website and to abide by all applicable local, state, federal and international laws, rules and regulations.
(3) The sender of any information to Biosensors is fully responsible for its content, including its truthfulness and accuracy and its non-infringement of any other person's proprietary or privacy rights. You agree to defend, indemnify and hold harmless the Biosensors Parties from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from information you have submitted, your use of any Material or your breach of these Terms. Biosensors shall provide notice to you of any such claim, suit or proceeding asserting any such claims and shall cooperate with you, at your expense, in defending any such claim, suit or proceeding.
D. PRIVACY AND SECURITY
You recognize and agree that, when submitting your personally identifiable information to the Website, while Biosensors has safeguards in place to prevent unauthorized access or interception, there is no absolute guarantee of security. IN THE EVENT OF AN INTERCEPTION OR UNAUTHORIZED ACCESS DESPITE OUR EFFORTS, BIOSENSORS SHALL NOT BE RESPONSIBLE FOR SUCH INTERCEPTIONS OR UNAUTHORIZED ACCESS, OR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS) SUFFERED BY A WEBSITE USER, EVEN IF BIOSENSORS HAS PREVIOUSLY BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BIOSENSORS DOES NOT WARRANT, EITHER EXPRESSLY OR IMPLIEDLY, THAT THE INFORMATION PROVIDED BY ANY WEBSITE USER SHALL BE FREE FROM INTERCEPTION OR UNAUTHORIZED ACCESS, AND DOES NOT PROVIDE ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
E. FORWARD-LOOKING STATEMENTS
This Website may contain forward-looking statements that reflect Biosensors’ current expectation regarding future events and business development. The forward-looking statements involve risks and uncertainties. Actual developments or results could differ materially from those projected and depend upon a number of factors, including without limitation the success of current research programs, results of pending or future clinical trials, ongoing commercialization of its products, regulatory approvals of pharmaceuticals and/or medical devices, validity and enforcement of its patents, the stability of its commercial relationships, and the general economic conditions. Although it may do so, Biosensors assumes no obligation to update any of the information contained on this Website. Nothing on the Website should be considered a solicitation to buy or sell securities of any kind, in any jurisdiction. Always consult with a qualified investment adviser before investing.
F. DISPUTE RESOLUTION; TIME BAR
The construction and validity of these Terms shall be governed by the substantive and procedural laws of Switzerland, without regard to any conflict of laws rules. You and Biosensors agree to submit to the personal and exclusive jurisdiction of the canton courts located in Morges, Canton of Vaud, Switzerland, save that nothing in these Terms shall limit the right of one Party to take proceedings against the other Party in any other court or courts of competent jurisdiction for the purpose of protecting the former Party’s intellectual property rights (including, without limitation, patents, trademarks, service marks, copyrights and trade secrets). You agree that, regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to these Terms or any use of the Website or Material must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Biosensors makes no representations that this Website or any of the Material is appropriate or available for use within your jurisdiction. You use the Website at your own risk and are responsible for compliance with the laws of your jurisdiction. The failure of Biosensors to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, you nevertheless agree that the court should endeavor to give effect to Biosensors' intentions as reflected in the provision, and the other provisions of these Terms shall remain in full force and effect. You agree that these Terms describe the entire agreement between us with respect to its subject matter. We may revise these Terms at any time by updating this posting. You should visit this site periodically to review these Terms because they are binding on you.
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