Content and Use of the Web Site.
This Web Site contains material, including but not limited to software, text, graphics and images (collectively referred to as the “Content”). We may own the Content or portions of the Content may be made available to us through arrangements that we have with third-parties. The Content is protected by national and foreign intellectual property laws. Unauthorized use of the Content may result in violation of copyright, trademark, and other laws. You have no rights in or to the Content, and you will not use, copy or display the Content except as permitted under this Agreement. No other use is permitted without our prior written consent. You must retain all copyright and other proprietary notices contained in the original Content on any copy you make of the Content. You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose. The use or posting of any of the Content on any other web site or in a networked computer environment for any purpose is expressly prohibited. If you violate any part of this Agreement, your right to access and/or use the Content and Web Site shall automatically terminate and you shall immediately destroy any copies you have made of the Content.
The trademarks, service marks, and logos of Therachon used and displayed on this Web Site are registered and unregistered trademarks or service marks of Therachon (the “Therachon Trademarks”). Other company names, products, and service names located on the Web Site may be trademarks or service marks owned by third-parties (the “Third-Party Trademarks”, and, collectively with the Therachon Trademarks, the Trademarks”). Nothing on this Web Site or in this Agreement should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademarks displayed on this Web Site without the prior written consent of Therachon specific for each such use. The Trademarks may not be used to disparage Therachon or the applicable third-party, Therachon’s or third-party’s products or services, or in any manner (using commercially reasonable judgment) that may damage any goodwill in the Trademarks. Use of any Trademarks as part of a link to or from any web site is prohibited without Therachon’s prior written consent. All goodwill generated from the use of any Therachon Trademarks shall inure to Therachon’s benefit.
You herewith unconditionally and irrevocably agree not to: (a) take any action that imposes an unreasonable load on the Web Site’s infrastructure, (b) use any device, software or routine to interfere or attempt to interfere with the proper working of the Web Site or any activity being conducted on the Web Site, (c) attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or making up the Web Site, (4) delete or alter any material posted on the Web Site by Therachon or any other person or entity, or (5) frame or link to any of the materials or information available on the Web Site.
The Web Site contains links to third-party web sites (“External Sites”). These links are provided solely as a convenience to you and not as an endorsement by us of the content on such External Sites. The content of such External Sites is developed and provided by others. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or any content located on such External Sites.We are not responsible for the content of any linked External Sites, disclaim all liability with regard to your access to such External Sites and do not make any representations regarding the content or accuracy of any materials on such External Sites. You should take precautions when downloading files from all web sites to protect your computer from viruses and other destructive programs. If you decide to access any External Sites, you do so at your own risk.
Certain elements of the Web Site are protected by trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part, by any means, including but not limited to, the use of framing or mirrors, except as otherwise expressly permitted by Section 2 of the Agreement. None of the Content for this Web Site may be retransmitted without the express written consent from Therachon for each and every instance.
Therachon may make improvements and/or changes to this Web Site at any time. Although we attempt to periodically update information on this Web Site, the information, materials and services provided on or through this Web Site may occasionally be inaccurate, incomplete or out of date. Therachon does not have a duty to update information contained in this Web Site, and Therachon will not be liable for any failure to update such information. We make no representation as to the completeness, accuracy or currentness of any information on this Web Site, and we undertake no obligation to update or revise the information contained on this Web Site, whether as a result of new information, future events or circumstances or otherwise. It is your responsibility to verify any information contained in this Web Site before relying upon it.
Limitation of Liability and Disclaimer of Warranties.
THERACHON, ITS AFFILIATES, THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS (COLLECTIVELY, THE “THERACHON PARTIES“) MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE CONTENT, INCLUDING BUT NOT LIMITED TO ITS ACCURACY, RELIABILITY, COMPLETENESS, TIMELINESS OR RELIABILITY. THE THERACHON PARTIES SHALL NOT BE SUBJECT TO LIABILITY FOR THE TRUTH, ACCURACY OR COMPLETENESS OF THE CONTENT OR ANY OTHER INFORMATION CONVEYED TO THE USER OR FOR ERRORS, MISTAKES OR OMISSIONS THEREIN OR FOR ANY DELAYS OR INTERRUPTIONS OF THE DATA OR INFORMATION STREAM FROM WHATEVER CAUSE. YOU HEREWITH UNCONDITIONALLY AND IRREVOCABLY AGREE THAT YOU USE THE WEB SITE AND THE CONTENT AT YOUR OWN RISK.
THE THERACHON PARTIES DO NOT WARRANT THAT THE WEB SITE WILL OPERATE ERROR-FREE OR THAT THE WEB SITE, ITS SERVER, OR THE CONTENT ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. IF YOUR USE OF THE WEB SITE OR THE CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, NO THERACHON PARTY SHALL BE RESPONSIBLE FOR THOSE COSTS.
THE WEB SITE AND CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. THE THERACHON PARTIES DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE.EXCEPT FOR DIRECT DAMAGES WHICH OCCURRED DUE TO UNLAWFUL INTENT OR GROSS NEGLIGENCE OF A THERACHON PARTY, IN NO EVENT SHALL ANY THERACHON PARTY BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE WEB SITE AND THE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF SUCH THERACHON PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL THERACHON BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) CAUSED BY ANY AFFILIATE.
You herewith unconditionally and irrevocably agree to defend, indemnify, and hold harmless Therachon from and against any claims, actions or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from your breach of this Agreement or your access to, use or misuse of the Content or Web Site. Therachon shall provide notice to you of any such claim, suit, or proceeding. Therachon reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section. In such case, you herewith unconditionally and irrevocably agree to cooperate with any reasonable requests assisting Therachon’s defense of such matter.
Termination of the Agreement.
Therachon reserves the right, in its sole discretion, to restrict, suspend, or terminate this Agreement and your access to all or any part of the Web Site or the Content at any time and for any reason without prior notice or liability. Therachon reserves the right to change, suspend, or discontinue all or any part of the Web Site or the Content at any time without prior notice or liability.
Sections 2 (Content and Use of the Web Site), 4 (Limitation of Liability and Disclaimer of Warranties), 5 (Indemnification), 6 (Termination of the Agreement), and 7 (Miscellaneous) shall survive the termination of this Agreement.
This Agreement shall in all respects be governed by the substantive laws of Switzerland, including all matters of construction and validity without giving effect to its conflict of laws provisions. The ordinary courts at the domicile of Therachon, Switzerland, shall have exclusive jurisdiction with regard to any claim and/or dispute arising out of this Agreement. If any provision of this Agreement 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 this Agreement, which shall remain in full force and effect.