PLEASE READ THESE TERMS OF USE CAREFULLY.
These Terms of Use describe rules for visitors to this THD website (“Website”). This Website is owned and operated by THD S.p.A. “THD” is the name we use to refer to our whole business, including THD S.p.A. and any of the companies that it controls, including subsidiaries and affiliates. When we use the words “we”, “our”, or “us”, we mean THD S.p.A. THD S.p.A. also operates other websites. These Terms of Use do not apply to our other websites. You should review the terms of use posted on these THD websites when you visit them.
ACCEPTANCE OF THE TERMS OF USE.
By using this Website, it means you agree to abide by the most recent version of the Terms of Use and our Privacy Statement. These Terms of Use were last updated on April 26, 2019.
These terms of use are entered into by and between You and THD S.p.A. The following terms and conditions, together with any documents they expressly incorporate by reference, govern your access to and use of this Website, including any content, functionality, and services offered on or through this Website, whether as a guest or a registered user.
Please read the Terms of Use carefully before you start to use the Website. By using the Website or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Website.
CHANGES TO THE TERMS OF USE.
We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter.
Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
CALL 911 FOR AN EMERGENCY.
THIS WEBSITE DOES NOT PROVIDE MEDICAL ADVICE. IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL YOUR DOCTOR OR 911 IMMEDIATELY.
ABOUT THE INFORMATION ON THIS WEBSITE.
Much of the information on this Website relates to products and services offered by THD. The materials on this Website are for your general educational information only. Information you read on this Website cannot replace the relationship that you have with your healthcare professional. THD does not practice medicine or provide medical services or advice and the information on this Website should not be considered medical advice. You should always talk to your healthcare professional for diagnosis and treatment of medical conditions.
This Website contains information about products and therapies approved and cleared for use in the United States and is intended for a United States audience. If you live outside the United States, you may see information on this Website about products or therapies that are not approved or marketed in your country.
INFORMATION ABOUT YOU AND YOUR VISITS TO THE WEBSITE
All information we collect on this Website is subject to our Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
LINKS TO THIS WEBSITE AND USE OF THD MARKS.
You agree not to present the link to this Website in such a way that it is associated with advertising or appears to be an endorsement of any organization, product, or service. You agree that the link will not appear on a Website that a reasonable person may consider obscene, defamatory, harassing, grossly offensive, or malicious. Under no circumstances may you "frame" this Website or any of its content or copy portions of this Website to a server. You agree not to display or use the THD logo or trademark in any manner without our prior written permission.
The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by THD, 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.
These Terms of Use permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows:
- You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
- If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
- If we provide social media features with certain content, you may take such actions as are enabled by such features.
You must not:
- Modify copies of any materials from this site.
- Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
- Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.
You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.
If you wish to make any use of material on the Website other than that set out in this section, please address your request to: info@thdamerica.com.
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.
LINKS TO OTHER WEBSITES.
This Website may contain links to websites not operated by THD. We provide these links for your convenience, but we do not review, control, or monitor the materials on any other websites. These websites may contain information about uses of THD products or therapies that have not been approved in the United States or by THD as a company. We have no control over the contents of those 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.
PROHIBITED USES
You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:
- In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
- For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
- To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation.
- To impersonate or attempt to impersonate THD, a THD employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).
- To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm THD or users of the Website, or expose them to liability.
Additionally, you agree not to:
- Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Website, including their ability to engage in real time activities through the Website.
- Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
- Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.
- Use any device, software, or routine that interferes with the proper working of the Website.
- Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
- Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise attempt to interfere with the proper working of the Website.
YOUR FEEDBACK, COMMENTS AND IDEAS.
While we are pleased to receive feedback, comments and ideas from visitors to this Website, we want you to understand that any information that you submit through this Website will be considered non-confidential and non-proprietary (other than personal information, as that term is defined in our Privacy Policy). If you transmit any ideas, information, concepts, know-how or techniques or materials to us through this Website, you hereby grant THD an unrestricted, royalty-free, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute them in any medium, and agree that THD is free to use them for any purpose. You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Website.
NO WARRANTIES
ALL CONTENT ON THIS WEBSITE IS PROVIDED TO YOU ON AN "AS IS," "AS AVAILABLE" BASIS. THD HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THD MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, CURRENCY, OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH THIS WEBSITE.
THD MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ARE RESPONSIBLE FOR TAKING ALL PRECAUTIONS NECESSARY TO ENSURE THAT ANY CONTENT YOU MAY OBTAIN FROM THIS WEBSITE IS FREE OF VIRUSES AND ANY OTHER POTENTIALLY DESTRUCTIVE COMPUTER CODE. YOUR USE OF THIS WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK.
THIS LIMITATION ON WARRANTIES APPLIES TO THE EXTENT ALLOWED BY APPLICABLE LAW.
LIMITATION OF LIABILITY
AS ALLOWED BY LAW, NEITHER THD NOR ANY PERSON OR COMPANY ASSOCIATED WITH THD SHALL BE LIABLE FOR ANY DAMAGE RESULTING FROM YOUR USE OR INABILITY TO USE THIS WEBSITE OR THE MATERIALS ON THIS WEBSITE. THIS LIMITATION OF LIABILITY COVERS CLAIMS BASED ON WARRANTY, CONTRACT, TORT, STRICT LIABILITY, AND ANY OTHER LEGAL THEORY NOT EXPLICITLY STATED HEREIN. THIS PROTECTION COVERS THD, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND SUPPLIERS. THIS PROTECTION COVERS ALL LOSSES INCLUDING, WITHOUT LIMITATION, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, AND PUNITIVE DAMAGES, PERSONAL INJURY, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION.
THIS LIMITATION OF LIABILITY APPLIES TO THE EXTENT ALLOWED BY APPLICABLE LAW.
INDEMNIFICATION
You agree to defend, indemnify, and hold harmless THD, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, any use of the Website's content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Website.
OTHER RULES ABOUT THIS WEBSITE.
In addition to the rules in these Terms of Use and the Privacy Policy, you may be subject to additional terms that apply when you access particular services or materials on certain areas in this Website, such as when you purchase enhanced services, or by following a link from this Website. Please read our Privacy Policy to learn how we protect and use information that we gather through this Website.
Your obligations under this section and the sections called "Your Feedback, Comments and Ideas", "No Warranties" and "Limitation of Liability" will survive termination of these Terms of Use.
If any provision of these Terms of Use 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 these Terms of Use, which shall remain in full force and effect. No waiver of any of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
If you violate these Terms of Use or the Privacy Policy in a way that causes harm to others, you agree to hold THD harmless against any liability for that harm.
By using this Website, you agree that the only proper jurisdiction and venue for any dispute with THD, or in any way relating to your use of this Website, is in the state and federal courts in the State of Iowa, United States. You further agree and consent to the exercise of personal jurisdiction in these courts in connection with any dispute involving THD or its affiliates, employees, officers, directors, agents, or suppliers.
These Terms of Use are governed by the laws of the State of Iowa, with respect to its conflict of laws principles, and the federal laws of the United States.
QUESTIONS, COMMENTS, AND NOTICES.
THD may deliver notice to you by electronic mail, a general notice on this Website, or by written communication delivered by First Class U.S. Mail to your address on record with THD, if applicable. Deliver notice to THD by using the Contact Us feature.