TERMS & CONDITIONS
Terms and Conditions of Website
Posted: July 10, 2018
The website (including all pages of the website) located at https://www.kypha.net/ is owned and operated by (or on behalf of) Kypha Inc., a Missouri corporation (collectively referred to as “Kypha”, “our”, “we”, or “us”). These Terms and Conditions (“Terms and Conditions”) govern your (sometimes referred to as “you” or “your”) interaction with us, including your use of the http://cherryinteractive.com/, any of our content, and/or other products, subscriptions, or services that are offered or provided to you by us (collectively, the “Site”), and these Terms and Conditions are a binding contract between you and us.
The disclaimers, terms, and conditions on these Terms and Conditions are of general application and may be supplemented by additional policies, procedures, disclaimers, guidelines, rules, terms, or conditions of specific application disclosed by us, including through a registration process, a purchase, or other means. To the extent there is a conflict between these Terms and Conditions and any additional policies, procedures, disclaimers, guidelines, rules, terms, or conditions of specific application, the additional policies, procedures, disclaimers, guidelines, rules, terms, or conditions of specific application shall control.
We reserve the right, at our discretion, to change, modify, add, or remove portions of these Terms and Conditions at any time.
BY USING OR OTHERWISE ACCESSING THE SITE, POSTING OR DOWNLOADING CONTENT OR ANY OTHER INFORMATION TO OR FROM THE SITE, AND/OR MAKING A PURCHASE THROUGH THE SITE, YOU HEREBY AGREE TO, AND SHALL BE SUBJECT TO, THESE TERMS AND CONDITIONS. IF YOU DO NOT UNEQUIVOCALLY AGREE TO THESE TERMS AND CONDITIONS, YOU MAY NOT USE OR OTHERWISE ACCESS THE SITE, POST OR DOWNLOAD CONTENT OR ANY OTHER INFORMATION TO OR FROM THE SITE, OR MAKE ANY PURCHASE THROUGH THE SITE.
1. Intellectual property rights, brand names, and trade marks
This website is owned by Kypha. The content of the site belongs to Kypha unless indicated otherwise.
Copyright and all intellectual property rights in the content of this site are vested in Kypha and reserved, unless indicated otherwise.
The Kypha brand names and logos, including Comp act, are, unless otherwise stated, registered trademarks. No such content may be reproduced, republished, uploaded, posted, transmitted, or otherwise distributed without the express written permission of Kypha.
2. Liability
The content of this site does not constitute professional or medical advice.
In preparing this Site, every effort has been made to ensure that the content is up to date and accurate. However, unintentional errors can occur and therefore the information may neither be up to date nor accurate.
Additionally, this Site may contain information provided by third parties. Kypha makes no representation or warranty regarding the accuracy, truth, quality, suitability or reliability of such information. Kypha is not responsible for any errors, omissions, or inaccuracies contained in any information provided by such third parties.
Kypha accepts no liability for any loss arising as a result of any action taken or refrained from as a result of information contained on this Site or any other sites to which this site may be linked.
PLEASE ALSO NOTE THE FOLLOWING IMPORTANT LIMITATION OF LIABILITY:
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM (I) THE USE OR THE INABILITY TO USE THE SITE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS AND SERVICES RESULTING FROM THE INABILITY TO ACCESS OR UTILIZE ANY PRODUCTS, DATA, INFORMATION OR SERVICE PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (IV) ANY OTHER MATTER RELATING TO THE SITE. TO THE GREATEST EXTENT ALLOWED BY LAW, IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE EXCEED THE GREATER OF: (A) ANY AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SITE; OR (B) $500.00.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
3. Third-party sites
Kypha is not responsible for the content or privacy policies of third-party websites to which links are provided, and accepts no responsibility for them or for any loss or damage that may arise from your use of them.
Your linking to any third-party websites is entirely at your own risk, and you are advised to check the privacy policies on these sites before providing any personal information to them.
4. Governing law
Any action, proceeding, dispute, claim or controversy arising out of or relating to this Site or these Terms and Conditions shall be governed by the law of Missouri and be subject to the exclusive jurisdiction of the courts of the Missouri, and you hereby submit to the jurisdiction of said courts.
5. Changes to these Terms and Conditions
We reserve the right to, in our sole discretion, change, modify, add or remove portions of these Terms and Conditions at any time without prior notice. Any change(s) in these Terms and Conditions will be effective when notice of such change(s) is/are posted. In the event of a conflict between these Terms and Conditions and any changes, modifications or additions in policies, procedures, disclaimers, guidelines, rules, terms or conditions of specific application, the additional policies, procedures, disclaimers, guidelines, rules, terms or conditions of specific application shall control. You should review these Terms and Conditions frequently, as it may change from time to time without notice, and your continued use of the Site and any content on this Site after any change(s) to these Terms and Conditions is/are posted will be considered your binding acceptance of such change(s).
6. Severability
These Terms and Conditions are severable to the extent any term is deemed invalid, illegal, or unenforceable.