1. ACCEPTANCE OF TERMS
2. WEBSITE CONTENT
(a) You agree that USATherm owns all right, title and interest in the Website and all content on the Website. You may not copy, modify, create a derivative work from, decompile, reverse engineer, reverse assemble or otherwise attempt to discover any source code or content for the Website. You agree not to access the Website by any means other than through the interface provided by USATherm and as otherwise expressly authorized under these Terms.
(b) The USATherm™ and ThermPix™ trademarks and names, logos and/or symbols and related names are trademarks and Website Marks of USATherm (the “USATherm Marks”). You agree not to display or otherwise use any USATherm Marks without USATherm’s prior written consent.
3. USER CONDUCT
In connection with your use of the Website, you agree that you will not:
(a) interfere with or disrupt the Website or servers or networks connected to the Website;
(b) reproduce, duplicate, copy, sell, trade, resell or exploit any portion of the Website;
(c) use spiders, crawlers, robots or any other means to access the Website or substantially download, reproduce or archive any portion of the Website; or
(d) intentionally or unintentionally violate any applicable local, state, national or international law or regulation.
4. MODIFICATIONS TO WEBSITE
USATherm reserves the right at any time to modify or discontinue, temporarily or permanently, the Website.
5. DISCLAIMER OF WARRANTIES
TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. USATHERM AND ITS PARENTS, SUBSIDIARIES, PARTNERS, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS (COLLECTIVELY, THE “USATHERM PARTIES”) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT, NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE USATHERM PARTIES DO NOT WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, THAT THE WEBSITE OR THE SERVERS THAT MAKE THE WEBSITE AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY CONTENT OFFERED AS PART OF THE WEBSITE, IS ACCURATE, RELIABLE, CURRENT OR COMPLETE.
6. LIMITATION OF LIABILITY.
YOU UNDERSTAND AND AGREE THAT THE USATHERM PARTIES WILL NOT BE LIABLE TO YOU 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 USATHERM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM YOUR USE OF OR INABILITY TO USE THE WEBSITE.
Unless otherwise prohibited by law, you agree to indemnify and hold USATherm and its parents, subsidiaries, affiliates, officers, employees, agents and partners harmless from any claim or demand, including reasonable attorneys’ fees, due to or arising out of your use of the Website and any violation by you of these Terms.
8. CHOICE OF LAW AND FORUM
The laws of the State of Florida apply to these Terms and to your relationship with USATherm, without regard to conflict of law principles. You agree to submit to the personal and exclusive jurisdiction of the courts located within the County of Miami-Dade in the State of Florida with respect to any claims arising from these Terms or your use of the Website.
9. WAIVER AND SEVERABILITY
The failure of USATherm to exercise or enforce any of these Terms will not constitute a waiver of any of them. If any of these Terms are held to be invalid or unenforceable under applicable law, then those Terms will be construed, limited, modified or, if necessary, severed to the extent necessary to eliminate their unenforceability.