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Effective date: Oct. 26, 2011
Latest Revision: Oct. 26, 2011
1. Ownership; Use.
All text, graphics, images and other materials appearing on the Website (“Content”) are either owned by us, or provided through an arrangement with third parties. Asante and any such third parties retain all proprietary rights to the Content, and the Content is protected by United States and international copyright laws. You may view, download and print the Content for your personal, non-commercial home use, provided you retain all copyright and other proprietary notices contained in the original Content on any copy. The Content may not be used in any manner not expressly authorized by Asante under this Agreement.
In no event may you sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose. Deep linking, framing, and the use or posting of the Content on any other website or in a network computer environment for any purpose are expressly prohibited. In connection with your use of the Website, you may not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. Trademarks, service marks, and logos, including but not limited to AsanteTM, SnapTM and Asante Solutions, Inc. (the “Marks”) used and displayed on the Websites are our registered and/or unregistered Marks, and nothing on the Websites or in this Agreement should be construed as granting any license or right to use any Marks without our prior express written permission specifically for each use. Other product and company names mentioned herein may be trademarks of their respective owners.
The Website may contain links to external websites. These links are provided solely for your convenience and do not constitute any endorsement of the external sites. We are not responsible for the availability or content of any external sites. If you decide to access linked external sites, you do so at your own risk. You should direct any concerns regarding any external link to its website administrator or web-master. We reserve the right to approve or reject any links to external websites.
4. Disclaimer of Warranties.
Use of the Website is at your sole risk. Except for any warranties that may be expressly provided by any third party vendor, the Website, its Content, and all items offered for sale are provided on an “AS IS” and “AS AVAILABLE” basis without warranties of any kind. ASANTE SOLUTIONS, INC. DOES NOT MAKE, AND HEREBY DISCLAIMS, ANY REPRESENTATION, AGREEMENT OR WARRANTY WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT OF THIRD PARTIES´ RIGHTS OR ANY WARRANTY THAT THE WEBSITE OR CONTENT WILL (i) MEET YOUR REQUIREMENTS; (ii) BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (iii) PROVIDE RESULTS THAT WILL BE EFFECTIVE, ACCURATE, OR RELIABLE; (iv) BE FREE FROM ANY ERRORS OR ANY DEFECTS, OR THAT SUCH ERRORS OR DEFECTS WILL BE CORRECTED.
You agree to release, indemnify and hold Asante and its affiliates and their officers, employees, directors and agent harmless from any from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Website, your violation of this Agreement, or your violation of any rights of another.
6. Limitations on Liability.
IN NO EVENT SHALL ASANTE BE RESPONSIBLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE WEBSITE; (II) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE; OR (III) ANY OTHER MATTER RELATING TO THE WEBSITE. IN NO EVENT SHALL ASANTE’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID ASANTE IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).
Some jurisdictions do not allow the exclusion of implied warranties or limitation of incidental or consequential damages, so not all of this Section 5 may apply to you. ASANTE SOLUTION'S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEBSITE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE WEBSITE.
7. Termination of this Agreement.
We reserve the right, in our sole discretion, to suspend or terminate this Agreement and your access to all or any part of the Website or the Content, at any time and for any reason without prior notice or liability. We reserve the right to change, suspend, or discontinue all or any part of the Website or the Content at any time without prior notice or liability.
If this Agreement is terminated, Sections 1, 4-8 shall survive the termination of this Agreement.
This Agreement constitutes the entire agreement between you and us, and supersedes all prior agreements or communications. If any provision of this Agreement is found to be invalid by any court, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement. No waiver shall be effective against us unless we make it in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. This Agreement shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and Asante agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within Santa Clara County, California. The failure of Asante to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.