Effective Date: December 7, 2016
This Website is offered and available to users who are at least 18 years of age and reside in the United States or any of its territories or possessions. By using this Website, you represent and warrant that you meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.
B. Disclaimer of Warranties and Limitation on Liability
The Website and materials are presented on an “as is” and “as available” basis. We make no express or implied warranty regarding the accuracy, content, completeness, reliability, operability, or legality of information contained within this Website, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights.
In no event, will Theia, or its agents, affiliates, officers, directors, partners, or licensors be liable for any direct, special, indirect, incidental or consequential damages or any damages or any kind, under any legal theory, including an action of contract, breach of warranty, negligence, or other tortious action, in connection with your use or inability to use the Website and the materials.
D. Accessing the Website
1. Our Provision of Access
a. We reserve the right to withdraw or amend the Website, and any service or material we provide on the Website, in our sole and absolute discretion, without notice.
b. We will not be liable if, for any reason, all or any part of the Website is unavailable or inaccessible, at any time, or for any period.
c. We may restrict access to parts of the Website, the entire Website, or to certain users.
2. Your obligations with respect to your access to, and use of, the Website:
E. Intellectual Property Rights
The Website and its entire contents, features and functionality (including all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by Theia, its licensors or other providers of such material, and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
F. Permitted Uses
G. Prohibited Uses
You agree not to use this Website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You also agree not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this Website.
The Theia name, the terms, logo and all related names, logos, product and service names, designs and slogans are trademarks of Theia or its affiliates or licensors. You must not use such marks without the prior written permission of Theia. All other names, logos, product and service names, designs and slogans that may appear on the Website are the trademarks of their respective owners.
I. Do Not Rely on General Information Posted
The information we present on or through the Website is made available solely for general information purposes. We are not providing you with any medical advice. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on the Website materials by you, or by anyone who may be informed of any of its contents.
J. Website Content
We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.
K. Information About You and Your Visits to the Website
L. Links from the Website
If the Website contains links to other sites and resources provided by third parties, we are providing you these links for your convenience only. We have no control over the contents of third party sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
M. Geographic Restrictions
We are based in the state of New Jersey in the United States. We provide this Website for use only by persons located in the United States, and we make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
O. Governing Law and Venue
These Terms shall be governed by and construed in accordance with the laws of (i) the state of New Jersey, without regard to its conflicts of law rules, and (ii) the United States of America. You agree that any dispute arising from or relating to the subject matter of these Terms shall be subject to the exclusive jurisdiction and venue of the state and federal courts of the state of New Jersey, and you hereby submit to such jurisdiction.
P. Waiver and Severability
Q. Entire Agreement
R. Your Comments and Concerns
We welcome all feedback, comments and communications relating to the Website, which should be directed to email@example.com.