Effective Date: July 7, 2020
Before you access this website (the "Site") or any of its content or features, please read these Notices and Terms of Use ("Notices and Terms"), along with our Privacy Policy (hereby incorporated by reference into these Notices and Terms) fully and carefully. By accessing or using any portion of the Site, you acknowledge that you have read and understood these Notices and Terms, and agree that these Notices and Terms will constitute the entire, exclusive agreement between you and Axelgaard Manufacturing Co., Ltd. ("AMC," "we," "us," or "our") with respect to:
These Notices and Terms, together with any disclaimers, terms, or conditions you encounter on the Site (which are incorporated into these Notices and Terms), may be amended at any time by AMC from time to time without specific notice to you. The latest version of these Notices and Terms will always be posted on the Site, and when we amend or update these Notices and Terms (as we may do from time to time), we will update the date listed above.
THESE NOTICES AND TERMS CONTAIN A MANDATORY ARBITRATION PROVISION. BY AGREEING TO THE NOTICES AND TERMS, YOU AGREE THAT ANY DISPUTES BETWEEN YOU AND AMC WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT, CLASS-WIDE ARBITRATION, OR ANY OTHER REPRESENTATIVE PROCEEDING OF ANY KIND.
1.1. No Medical Advice, Opinion, or Services. The Site and the Content, including without limitation Content regarding medical issues and developments, is provided for general informational purposes only, and is not intended to, and does not, constitute medical advice, medical opinion, or medical services under any circumstances. Further, AMC does not guarantee that any Content is accurate, comprehensive, or up-to-date, and expressly disclaims any warranties with respect to such Content.
1.2. No Confidentiality. You acknowledge and agree that, unless you and AMC have a valid mutual non-disclosure agreement in place, any email, voicemail, telephone call, or other communication from you to AMC or any of its employees, whatever the nature of such communication, shall not be treated as confidential. If you do not have a valid mutual non-disclosure agreement in place with AMC, you should not communicate or transmit to us any information of a sensitive, confidential, or proprietary nature, as AMC makes no guarantees or representations regarding the security, use, disclosure, or return of any information or communication received from you, absent an independent, explicit agreement between you and AMC. In any case, given the inherent insecurity of email communication and the Internet, AMC cannot guarantee, and assumes no responsibility for, the integrity or confidentiality of any unencrypted email you send to AMC.
2. PRIVACY. You acknowledge that any information submitted by you or collected by AMC in connection with your access or use of the Site shall be treated in accordance with our Privacy Policy, and consent to the collection, transfer, manipulation, storage, disclosure and other uses of your information as described therein. This Section, the Privacy Policy, and these Notices and Terms generally do not apply to – and AMC is not responsible for – the practices of any third party websites, services, and applications that you may be able to access through the Site. You may direct any questions or concerns regarding the privacy policy set out in this Section by contacting us via our contact form .
3. PROHIBITED USES. As a condition of accessing and using the Site, you agree not to use the Site or any Content for any purpose that is prohibited by these Notices and Terms, and further agree not to use the Site in any manner that (a) violates any applicable law, rule, or regulation, whether domestic or foreign; (b) infringes the intellectual property rights of AMC (including in its marks and any Content) or any third party; (c) constitutes the unauthorized transmission of unsolicited commercial electronic mail; (d) involves the transmission of defamatory materials; (e) violates, attempts to violate, or knowingly facilitates the violation of the security (including access control or authentication systems) of the Site or the integrity of any Content; (f) involves software viruses or any other malicious computer codes, files, or programs; (g) impersonates any person or entity, including any AMC employee or representative; (h) constitutes fraud; (i) interferes or attempts to interfere with the proper working of the Site; (j) bypasses, circumvents or attempts to bypass or circumvent any measures used by AMC to prevent or restrict access to the Site (or computer systems or networks connected to the Site); (k) harvests or scrapes any information from the Site; or (l) otherwise violates the Notices and Terms or Privacy Policy. You are responsible for all of your activity in connection with the Services.
PERMITTED USES; LIMITED LICENSES.
4.1. Copyright in Site and Content. The Site and Content are protected by United States and international copyright laws. All rights are reserved. Subject to the terms of these Notices and Terms, AMC grants you a limited, nonexclusive, personal license to access, view, download and print the Content solely for noncommercial and informational purposes. You may not modify the Content in any way and you may not remove or obscure any copyright or permission notices provided on or in connection with the Content. AMC reserves the right in its sole discretion to edit or delete any Content or other information appearing on the Site.
4.2 Marks and Domain Name. AMC does not grant to you any rights in its marks. Although you may link to any publicly available page on the Site, you agree to immediately remove any such link upon AMC’s written request.
5. DISCLAIMER WARRANTIES. THE SITE AND CONTENT IS PROVIDED TO YOU "AS IS." YOUR ACCESS TO AND USE OF THE SITE AND CONTENT IS AT YOUR OWN RISK. TO THE EXTENT PERMITTED BY THE LAW, AMC DISCLAIMS ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY OF INFORMATION, TIMELINESS OF INFORMATION, SYSTEM INTEGRATION, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, QUIET ENJOYMENT, AND UNINTERRUPTED OR ERROR FREE OPERATION. THE SITE AND CONTENT MAY CONTAIN BUGS, ERRORS, OR OTHER LIMITATIONS. TO THE EXTENT PERMITTED BY LAW, AMC DISCLAIMS LIABILITY FOR ANY LOST PROFITS OR INCOME, LOST BUSINESS, OR LOST DATA, OR FOR ANY CONSEQUENTIAL, INDIRECT, EXEMPLARY, PUNITIVE, SPECIAL, OR INCIDENTAL DAMAGES ARISING FROM OR RELATING TO THE SITE AND ANY CONTENT.
6. LIMITATION OF LIABILITY. IN NO EVENT SHALL AMC OR ITS AFFILIATED PARTIES, AGENTS, DIRECTORS, EMPLOYEES, VENDORS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES, OR COSTS IN AN AMOUNT EXCEEDING $100.00, WHICH AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST AMC AND THE AFOREMENTIONED PERSONS AND ENTITIES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSIONS OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, AND THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
7. THIRD PARTY SITES. To the extent that AMC links to, or otherwise presents, third party websites and information on the Site, such links or presentations do not constitute an endorsement by AMC of any such third party information or such third parties. AMC does not monitor or verify, is not responsible for, and assumes no liability with respect to any third-party content.
8. ARITRATION. You agree that any legal controversy or legal claim arising out, relating to, or connected with these Notices and Terms, the Site, or any Content, other than claims brought by AMC to collect or recover damages for, or obtain an injunction relating to, intellectual property ownership or infringement, will be resolved by binding, individual arbitration pursuant to the commercial arbitration rules of Judicial Arbitration and Mediation Services (“JAMS”). Any such controversy or claim shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in San Diego County, California, and in accordance with the "Governing Law" Section below. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU EXPRESSLY WAIVE ANY RIGHTS YOU MAY OTHERWISE HAVE HAD TO A TRIAL BY JURY, OR TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM AGAINST AMC, INCLUDING ANY CLASS ARBITRATION, CONSOLIDATION OF INDIVIDUAL ARBITRATIONS, OR ANY PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND. This arbitration provision will be governed by the Federal Arbitration Act and not by any state law concerning arbitration. Judgment on any award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with these Notices and Terms. Notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of these Notices and Terms, the Site, or any Content must be filed within one (1) year after such claim of action arose or be forever banned.
9. MISCELLANEOUS. You agree that any dispute arising out of or in connection with the Site, the Content, or these Notices and Terms will be governed by the laws of the State of California without reference to conflict of laws principles that would require the application of the laws of any other jurisdiction. In the event that you gain access to information not intended to be accessed by you, you agree that you will immediately notify AMC and lawfully destroy all copies of such information in your possession. You may contact AMC with questions or concerns about the Site by contacting us via our contact form.
These Notices and Terms are the entire agreement between you and us with respect to the Site and Content, and supersede any prior or contemporaneous communications and proposals between you and us with respect to the Site. If any provision of these Notices and Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Notices and Terms will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. AMC shall not be liable for any failure to perform our obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation. These Notices and Terms are not assignable, transferable or sublicensable by you except with AMC’s prior written consent. AMC may assign, transfer or delegate any of its rights and obligations hereunder without your consent. The section and paragraph headings in these Notices and Terms are for convenience only and shall not affect their interpretation.
