|A. DEFINITIONS. When the words “we” or “our” or “us” (or similar words) are used herein, such words mean Verasonics. When the words “you” or “your” (or similar words) are used, such words mean any user. In the case of any user who signs up on behalf of a legal entity (corporation, limited liability company, partnership, limited partnership or other legal entity), the words “you” or “your” shall mean such legal entity and every user from that legal entity.
|B. AMENDMENT. We may amend our Terms at any time by posting the amended terms on our website. These Terms and Conditions were last updated on: 5 May 2016.
|C. DISCLAIMERS; LIMITATIONS ON LIABILITIES AND REMEDIES.
1. We provide the Service “as-is,” “with all faults,” and “as available.” You bear the risk of using our Service. To the maximum extent permitted by law, we provide no express warranties or guarantees as to our Service.
THESE LIMITATIONS APPLY TO ANYTHING RELATED TO:
• the Service,
• content on the Service or on third party Internet sites, third party programs or third party conduct,
• viruses or other disabling features that affect your access to or use of the Service, or
• incompatibility between the Service and other services, software, and hardware.
As previously stated, these provisions apply even if
• a remedy does not fully compensate you for any losses, or fails of its essential purpose, or • We knew or should have known about the possibility of the damages.
Please note that for any Products purchased or licensed from Verasonics, the terms and conditions relating to those Products are contained in written agreements required to be executed by Our customers or licensees.
3. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you. They also may not apply to you because your province or country or region may not allow the exclusion or limitation of incidental, consequential or other damages.
4. CLAIM MUST BE FILED WITHIN ONE YEAR. To the extent permitted by law, any claim related to Our Service must be brought within one year. The one-year period begins on the date when the claim first could be filed. It if is not filed, then that claim is permanently barred. This section applies to you and your successors, personal representative, estate, spouse and heirs.
|D. ADDITIONAL LIMITS ON SERVICE. We may establish limits on the Service. For example, we may limit
• the number of days the service will retain e-mail messages, Verasonics Forum postings and other content that we, you or other users may post or provide,
• the number and size of e-mail messages that you may send or receive through the Service,
|E. INTELLECTUAL PROPERTY RIGHTS; LICENSES OR PERMISSION.
1. The term “Intellectual Property Rights” means United States and foreign intellectual property rights and/or industrial property rights arising under statutes, laws, regulations, common law, treaties, conventions, or other source, whether or not vested or inchoate, whether registered or unregistered, including, without limitation, all (i) provisional patents, patents applications, patents, including without limitation any patent applications filed or patents acquired at any time with respect to source code or software; (ii) rights associated with works of authorship including copyrights, copyright applications, copyright registrations, moral rights, mask work rights, mask work applications, and mask work registrations; (iii) rights relating to the protection of trade secrets; (iv) trademark, trade dress, or service mark rights; (v) any right analogous to those set forth in this section and any other proprietary rights relating to intangible or industrial property; (vi) utility models, divisionals, continuations, continuations-in-part, renewals, reissues, and extensions of the foregoing (whether now existing, hereafter filed, issued, or acquired), for any Intellectual Property Rights; and (vii) any license or similar rights obtained from third parties with respect to any of the rights set forth in this section but only to the extent that any such license or other rights may be sub-licensed by the licensee thereto. The term “Invention” means inventions construed broadly and includes, but is not limited to, concepts, discoveries and ideas, whether patentable or not, including but not limited to computerized business methods, programs, methods, applications, designs, formulas, machines, methods, processes, product ideas or designs, and techniques, as well as improvements thereof or know-how related thereto.
2. We reserve all our own Intellectual Property Rights to the Service, including trademarks, service marks and trade dress and copyrights. You may not duplicate, copy, or reuse any portion of the Service (including any code) without advance express written permission from Verasonics. 3. This Service also contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright laws. 4. Copyright and all other proprietary rights in the content of the Service provided by Verasonics, its affiliates and/or business partners, the software to operate and publish the Service, the compilation of data on the Service, and the order, sequence and arrangement of this Service, all belong to Verasonics and /or its business partners or licensors. All rights in the content not expressly granted herein are reserved. 5. Verasonics® is a registered trademark and trade name of Verasonics. This registered trademark is an important asset of Verasonics, and proper use of this trademark is important to Verasonics. You may not unlawfully use the registered trademark or trade name of Verasonics. 6. The use and registration of the trade name and trademark Verasonics is exclusively reserved to us. You may not register nor use a company name, statutory name, trade name, domain name or other name, indication or description, of which the Verasonics name or any name similar thereto or any name which includes the Verasonics name.
|F. LINKS TO THIRD-PARTY WEB SITES.
|G. APPLICABLE LAW AND PLACE FOR RESOLVING DISPUTES.
|I. FORCE MAJEURE. Time periods for our performance under any of the Terms shall be extended for periods of time during which our performance is prevented due to circumstances beyond our control, including without limitation, fires, floods, earthquakes, lockouts, strikes, embargoes, governmental regulations, acts of God, acts of terrorism, war or other strife.
|J. ADDITIONAL GENERAL CONDITIONS. You understand that we use and may use a variety of third party vendors and hosting services to provide the necessary hardware, software, networking and related technology required to run the Service.
|M. EMAILS. If you or any person in your company emails Verasonics regarding any of our Products, we will collect email contact information and may from time to time contact your company or whomever emails us with information about Verasonics Products or with requests to participate in surveys about Verasonics Products. If you do not wish to be included in future communications about Verasonics Products or surveys, please notify us in your emails directed to Verasonics.
|N. NO RIGHTS OF THIRD PARTIES. No third party shall have any right to enforce any of the Terms regardless of whether such third party has been identified by name, as a member of a class or as answering a particular description.
11335 NE 122nd Way, Suite 100
Kirkland, WA 98034 USA.
|P. SHUT-DOWN OF SITE We have the sole right to shut down the Service or any part thereof for any reason at any time without notice or consent. We will have no responsibility or liability for failure to store or delete any content of any kind and/or User Content submitted to or posted on the Service.