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Medion USA, Inc. (Medion) WEB SITE TERMS OF USE THESE TERMS OF USE GOVERN YOUR USE OF THE MEDION USA, INC. (Medion) WEB-SITE, PLEASE READ THEM CAREFULLY BEFORE CONTINUING TO USE THIS SITE. Medion USA, Inc. ("Medion" "we," "us") makes this web site and all related services (collectively, the "Site") available subject to the terms and conditions set forth herein (the "Terms"). The Terms govern the relationship between Medion and you, the Site visitor (together with any person or entity on behalf of which you are acting referred to as "you"), with respect to the Site. Any purchases, downloads or similar activities through the Site may be subject to additional and/or different terms and conditions as set forth in the applicable agreements. As a visitor to the Site, it is important that you read carefully and understand the terms and conditions of these Terms. Upon our request, you agree to sign a non-electronic version of these Terms. Medion is posting these Terms on the Site, thereby giving you an opportunity to review and familiarize yourself with the Terms. By continuing to use or entering or re-entering the Site, you agree to be bound by and adhere to the Terms. If you do not so agree you may not continue to use or enter or re-enter the Site. We reserve the right at any time and in our sole discretion to:
Any changes we make will be effective immediately upon our making such changes available on the Site or otherwise providing notice thereof. You agree that your entering, re-entering, or continuing to use the Site thereafter constitutes your acceptance of such changes. Be sure to return to this page periodically to ensure familiarity with the most current version of the Terms. 1. Materials The information and materials provided through the Site, including any data, text, graphics, images, audio and video clips, logos, icons, software and links (collectively, the "Materials"), are intended to educate and inform you about Medion's products and services. Unless otherwise expressly specified on the Site or in other applicable agreements, you may use the Site solely for your own personal benefit and not for any commercial purposes. Except for printing text, graphics and images displayed on the Site or as otherwise expressly permitted in other applicable agreements, you may not download, copy, distribute, display, transmit or otherwise make available to third parties, modify, or otherwise use any Materials. 2. Accurate Information Medion may require or invite you to provide us with your name, e-mail address, address and other information ("User Information"). You agree, represent and warrant that all User Information provided by you is accurate, current, and complete. We may offer the opportunity to select a username and password. We may refuse any username and/or password in our sole discretion and we may close user accounts in accordance with our standard practices. You will be responsible for the confidentiality and use of your username and password. If you have reason to believe that your user account with us is no longer secure, you must promptly notify us and change your password through the means provided by us from time to time. YOU ARE SOLELY AND ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR USERNAME AND PASSWORD AND FOR ANY AND ALL ACTIVITIES (INCLUDING PURCHASES, AS APPLICABLE) THAT ARE CONDUCTED THROUGH USE THEREOF. 3. Code of Conduct In connection with your use of the Site you agree not to:
You agree to comply with all applicable laws, rules and regulations in connection with your use of the Site and Materials. 4. Products and Services Descriptions or images of, or references to, products or services on the Site do not imply Medion's endorsement of such products or services. We reserve the right, without prior notification, to change such descriptions or references, and to modify or discontinue any product or service without notice. 5. Information Provided by Medion Materials and other data and information available through the Site may not be up-to-date, accurate or complete. Please contact Medion at webmaster@medionusa.com with questions regarding any Materials or other data or information. Certain Materials may have been contributed to the Site by various third party providers. The inclusion of such Materials does not indicate any approval or endorsement of such Materials or such third parties, and Medion expressly disclaims any liability with respect to the foregoing. 6. Links The Site may contain links to other Internet web sites, including affiliated web sites which may or may not be owned or operated by Medion. Medion has not reviewed all of the web sites that are linked to the Site, and Medion may not have any control over such sites. Unless otherwise explicitly stated, Medion is not responsible for the content of such web sites, any updates or changes to such sites, or the privacy or other practices of such sites, and the fact that Medion offers such links does not indicate any approval or endorsement of the operator of, or any materials, data or information contained available through, any linked site. Medion is providing these links to you only as a convenience. Accordingly, we strongly encourage you to become familiar with the terms of use and practices of any linked site. Further, it is your responsibility to take precautions to ensure that whatever links you select or Materials or other data or information you use (whether from the Site or other sites) is free of such items as viruses, worms, trojan horses, defects, date bombs, time bombs and other items of a destructive nature. 7. Ownership and Restrictions on Use The Site is owned and operated by Medion in conjunction with others pursuant to contractual arrangements, and the Materials (and any intellectual property and other rights relating thereto) are and will remain the sole and exclusive property of Medion and its licensors and suppliers. The Materials and the selection, compilation, collection, arrangement and assembly thereof are protected by applicable copyright, trademark and other laws. The trademarks, logos, and service marks displayed on the Site (collectively the "Trademarks") are the registered and unregistered trademarks of Medion, its licensor's, suppliers or other third parties. Nothing contained on the Site grants, or shall be construed to grant, whether by implication, estoppel or otherwise, any license or right to use any Trademark without the express written permission of its respective owner. Access By Children. You must be at least 13 years of age to use the Site. If you are not at least 13 years old, you must not access or use the Site. 8. Jurisdictional Issues The Site is solely directed to individuals residing in the United States. We make no representation that Materials available on or through the Site are appropriate or available for use in other locations. You represent and warrant that any information you provide regarding your location or place of residency (including, without limitation, by choosing a location from any menu or otherwise on a web-site of Medion or any of its affiliated companies) is true. If you are not a resident of the United States please visit the appropriate local website of our affiliated companies, which you can access through www.medion.com. 9. Disclaimers THE SITE, THE MATERIALS, AND, UNLESS EXPRESSLY AGREED OTHERWISE IN A SEPARATE AGREEMENT, ANY PRODUCT OR SERVICE OBTAINED THROUGH THE SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, MEDION AND ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. Applicable law may not allow the exclusion of implied warranties, so the above exclusions may not fully apply to you. MEDION AND ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS AND AGENTS DO NOT WARRANT THAT YOUR USE OF THE SITE WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE, THE SERVER(S) ON WHICH THE SITE IS HOSTED ARE FREE OF VIRUSES OR OTHER HARMFUL ITEMS. YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL TELEPHONE, COMPUTER HARDWARE AND OTHER EQUIPMENT NEEDED TO ACCESS AND USE THE SITE, AND ALL CHARGES RELATED THERETO. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND YOUR RELIANCE THEREON. YOUR USE OF THE SITE AND ANY MATERIALS PROVIDED THROUGH THE SITE ARE ENTIRELY AT YOUR OWN RISK. 10. Limitation of Liability TO THE FULLEST EXTENT SUCH DISCLAIMER AND LIMITATION OF LIABILITY IS PERMISSIBLE PURSUANT TO APPLICABLE LAW, IN NO EVENT SHALL MEDION OR ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS AND AGENTS, OR ANY DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS OR OTHER REPRESENTATIVES OF ANY OF THE FOREGOING, BE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF DATA OR LOST PROFITS), UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE AND/OR MATERIALS CONTAINED ON THE SITE, ANY LINKED SITE OR ANY PRODUCT OR SERVICE PURCHASED THROUGH THE SITE OR MEDION'S OR YOUR ACTIVITIES IN CONNECTION WITH THE FOREGOING. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE, MATERIALS, OR ANY LINKED SITE IS TO STOP USING THE SITE, MATERIALS, OR LINKED SITE, AS APPLICABLE. IN NO EVENT SHALL MEDION'S TOTAL LIABILITY ARISING IN CONNECTION WITH THESE TERMS, THE SUBJECT MATTER HEREOF OR ANY ACTIVITIES IN CONNECTION HEREWITH EXCEED THE AMOUNT PAID BY YOU FOR USE OF THE SITE, IF ANY. 11. Indemnification You agree to indemnify, defend and hold Medion, our affiliates, licensors, suppliers, advertisers and sponsors, and our and their directors, officers, employees, consultants, agents and other representatives, harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys' fees) and other expenses that arise directly or indirectly out of or from (a) your breach of these Terms, and (b) your activities in connection with the Site. 12. Questions If you have any questions, comments or complaints regarding this Agreement or the Site, feel free to contact us at the address and/or email address provided on the Site. 13. Notice for California Users Under California Civil Code Section 1789.3, California Site users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210. 14. Governing Law, Venue and Other Provisions These Terms are governed by and shall be construed in accordance with the laws of the State of California, United States of America, without regards to its principles of conflicts of law. You hereby submit, and agree to submit, to the exclusive jurisdiction of any State or Federal court in or for the County of San Mateo, California, United States of America, and waive any jurisdictional, venue or inconvenient forum objections to such courts, with respect to any dispute relating to these Terms, the subject matter hereof, or any activities of Medion or you in connection herewith. If any provision of this Agreement is found to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained in this Agreement is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof. Please also read Medion's Privacy Policy displayed on the Site. |
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