TERMS OF SERVICE
Welcome to the Trace Medical, LLC (“Trace Medical,” “we,” “us,” or “our”) website, www.TraceMedical.com, which we refer to in these terms and conditions as the “Website” (which term also includes the content and functionality of the Website, and any programs, tools, internet-based services, components, and updates to the Website).
The Website is designed for use by our customers or potential cusstomers throughout the United States. We want to ensure that the website is acceptable for anyone in this community of users. This requires us to implement a few rules, which are described in these Terms & Conditions (these “Terms”).
When we refer to “you” and “your” in these Terms, we are referring to you as our customer or potential customer and as a visitor to and user of the website. When we refer to a “customer” in these terms, we are referring to the businesses that have a customer relationship with Trace Medical (such as through our supply of products to your business) or a potential relationship with Trace Medical.
1. ACCEPTANCE OF TERMS
YOU SHOULD CAREFULLY READ THESE TERMS. By accessing, browsing, and/or using the website, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you don’t agree to these terms, you should not access or use the Website.
2. A NOTE ABOUT YOUR STATUS AS OUR CUSTOMER
We use e-mail as a vital and primary communication channel with our customers. By using the Website, you grant us permission to communicate with you by e-mail for any purposes related to your use of the Website, including for any disclosures, system messages and other purposes. We will use our best efforts to honor any request to opt out of marketing messages, but under no circumstances will we have any liability for sending you any e-mail.
You agree that any notice, agreement, disclosure or other communication that we send you by e-mail will satisfy any legal communication requirements, including that such communication be in writing.
4. LINKS TO OTHER WEBSITES
YOU AGREE THAT YOUR USE OF ANY THIRD PARTY SITE IS AT YOUR SOLE RISK AND WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESSED, IMPLIED OR OTHERWISE. UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR DAMAGES ARISING FROM ANY TRANSACTION BETWEEN YOU AND ANY THIRD PARTY SITE OR FOR ANY INFORMATION APPEARING ON THIRD PARTY SITES.
5. INTELLECTUAL PROPERTY
The Website is owned by us, and you agree that, as between you and us, we own or otherwise have all proprietary rights to all content included on the Website. We also own or otherwise have all proprietary rights to the copyrights, trademarks, service marks, trade names and other intellectual and proprietary rights throughout the world associated with the content and the Website, which are protected by applicable intellectual and proprietary rights and laws.
You may not reproduce, publish, distribute, display, modify, create derivative work from, or exploit in any way, in whole or in part, any content on the Website without our prior express written consent.
References on the Website to any third-party products or services by trade name, trademark, manufacturer, supplier, vendor, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation by or thereof, or any affiliation therewith, by us, unless otherwise indicated.
You agree to indemnify and hold us, and our directors, officers, affiliates, volunteers, agents, employees, licensors and partners harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of any content you submit, post to, or transmit through the Website, your use of the Website, your violation of these Terms or your violation of any rights of any third party.
YOU ACKNOWLEDGE, AGREE AND UNDERSTAND THAT:
WE ATTEMPT TO DISPLAY THE INFORMATION YOU VIEW ON THE WEBSITE AS ACCURATELY AS POSSIBLE. HOWEVER, WE DO NOT GUARANTEE THE ACCURACY OF SUCH MATERIALS AND INFORMATION, AND ARE NOT RESPONSIBLE FOR ANY CLAIMS ARISING OR RESULTING FROM YOUR RELIANCE THEREON.
EXCEPT FOR ANY WARRANTY INCLUDED WITH PRODUCTS INCLUDED IN OUR STANDARD TERMS OF SALE, THE WEBSITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “WHERE AVAILABLE” BASIS AND WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE DO NOT REPRESENT OR WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE, INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE THROUGH THE WEBSITE, THE SERVERS THAT MAKE THE WEBSITE AVAILABLE, OR EMAIL OR OTHER CORRESPONDENCE SENT THROUGH THE WEBSITE, ARE OR WILL BE FREE OF VIRUSES OR ANYTHING ELSE HARMFUL. WE DO NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE THROUGH THE PORAL IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, RELIABILITY OR OTHERWISE. CERTAIN STATE LAWS MAY NOT ALLOW LIMITATIONS OR EXCLUSIONS ON WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
8. LIMITATIONS ON LIABILITY
EXCEPT AS EXPRESSLY SET FORTH IN OUR STANDARD TERMS OF SALE FOR PRODUCTS, WE WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY CAUSED BY YOUR USE OF THE WEBSITE, INCLUDING ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OF TRANSMISSION, COMPUTER VIRUS, OR LINE FAILURE. WE WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY, INCLUDING INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS AND DAMAGES THAT RESULT FROM INCONVENIENCE, DELAY, OR LOSS OF USE) THAT RESULT FROM THE USE OF, THE INABILITY TO USE, OR RELIANCE UPON, THE WEBSITE OR ANY PRODUCTS OR SERVICES OBTAINED ON OR THROUGH THE WEBSITE, EVEN IF THERE IS NEGLIGENCE BY US OR BY OUR AUTHORIZED REPRESENTATIVE, OR WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR ANY OF THE ABOVE. THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU TO THE EXTENT THAT APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR SUCH DAMAGES.
9. PRIVACY NOTICE
10. GOVERNING LAW, CHOICE OF FORUM, JURY AND CLASS ACTION WAIVER
Please read the following section carefully, because it limits the manner in which you can seek relief from us.
The laws of Michigan (without giving effect to its conflicts of law principles) govern all matters arising out of or relating to these terms, including, without limitation, their validity, interpretation, construction, performance, and enforcement. All legal proceedings arising out of or in connection with these terms shall be brought solely in Michigan. YOU AND WE HEREBY WAIVE TO THE FULLEST EXTENT PERMITTED BY LAW ANY RIGHT TO TRIAL BY JURY IN ANY ACTION, SUIT OR RELATED PROCEEDING BROUGHT TO ENFORCE, DEFEND OR INTERPRET ANY RIGHTS OR REMEDIES ARISING UNDER, RELATING TO OR IN CONNECTION WITH THESE TERMS. FURTHER, YOU AGREE THAT YOU MAY ONLY RESOLVE DISPUTES IN YOUR INDIVIDUAL CAPACITY, AND MAY NOT BRING A CLAIM AS A PLAINTIFF OR AS CLASS MEMBER IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. CLASS ARBITRATIONS, CLASS ACTIONS, PRIVATE ATTORNEY GENERAL ACTIONS, AND CONSOLIDATION WITH OTHER ACTIONS ARE NOT ALLOWED.
11. INJUNCTIVE RELIEF
In the event you breach or threaten breach of these terms, you acknowledge and agree that we will be greatly and irreparably damaged and the damage will be difficult to quantify. Therefore, we may apply to any court of competent jurisdiction accepting jurisdiction under this specific provision, who, regardless of the Governing Law provision above, will apply the laws of its own jurisdiction in determining whether we will be granted an injunctive or other equitable relief to stop your breach or your threat of breach, without impairing, invalidating, negating or voiding our rights to relief in either law or equity.
12. CHANGES TO THE WEBSITE AND/OR THESE TERMS
The Website has been developed as a convenience to our customers. We may make changes to the Website at any time, and may at any time, without notice or liability to you, restrict or limit your access to the Website.
These Terms are subject to change from time to time in our discretion. Any modifications will be effective when posted to the Website, and you are expected to check the Website from time to time for updates. Using the Website after any posted modifications to these Terms indicates acceptance of the modified terms.