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PARTIES TO THE TERMS OF USE AGREEMENT
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parties to this agreement, herein referred to as “Website.”
USE OF INFORMATION FROM THIS WEBSITE
Unless you have entered into an express written contract with this website to the contrary, visitors,
viewers, subscribers, members, affiliates, or customers have no right to use this information in a
commercial or public setting; they have no right to broadcast it, copy it, save it, print it, sell it,
or publish any portions of the content of this website. By viewing the contents of this website you
agree this condition of viewing and you acknowledge that any unauthorized use is unlawful and may
subject you to civil or criminal penalties. Again, Visitor has no rights whatsoever to use the content
of, or portions thereof, including its databases, invisible pages, linked pages, underlying code, or
other intellectual property the site may contain, for any reason for any use whatsoever. Nothing.
Visitor agrees to liquidated damages in the amount of U.S.$100,000 in addition to costs and actual
damages for breach of this provision. Visitor warrants that he or she understands that accepting this
provision is a condition of viewing and that viewing constitutes acceptance.
OWNERSHIP OF WEBSITE OR RIGHT TO USE, SELL, PUBLISH CONTENTS OF THIS WEBSITE
The website and its contents are owned or licensed by the website. Material contained on the website
must be presumed to be proprietary and copyrighted. Visitors have no rights whatsoever in the site
content. Use of website content for any reason is unlawful unless it is done with express contract or
permission of the website.
HYPERLINKING TO SITE, CO-BRANDING, “FRAMING” AND REFERENCING SITE PROHIBITED
Unless expressly authorized by website, no one may hyperlink this site, or portions thereof, (including,
but not limited to, logotypes, trademarks, branding or copyrighted material) to theirs for any reason.
Further, you are not allowed to reference the url (website address) of this website in any commercial or
non-commercial media without express permission, nor are you allowed to ‘frame’ the site. You
specifically agree to cooperate with the Website to remove or de-activate any such activities and be
liable for all damages. You hereby agree to liquidated damages of US $100,000.00 plus costs and actual
damages for violating this provision.
DISCLAIMER FOR CONTENTS OF SITE
The website disclaims any responsibility for the accuracy of the content of this website. Visitors
assume the all risk of viewing, reading, using, or relying upon this information. Unless you have
otherwise formed an express contract to the contrary with the website, you have no right to rely on any
information contained herein as accurate. The website makes no such warranty.
DISCLAIMER FOR HARM CAUSED TO YOUR COMPUTER OR SOFTWARE FROM INTERACTING WITH THIS WEBSITE OR ITS
CONTENTS. VISITOR ASSUMES ALL RISK OF VIRUSES, WORMS, OR OTHER CORRUPTING FACTORS.
The website assumes no responsibility for damage to computers or software of the visitor or any person
the visitor subsequently communicates with from corrupting code or data that is inadvertently passed to
the visitor’s computer. Again, visitor views and interacts with this site, or banners or pop-ups or
advertising displayed thereon, at his own risk.
DISCLAIMER FOR HARM CAUSED BY DOWNLOADS
Visitor downloads information from this site at his own risk. Website makes no warranty that downloads
are free of corrupting computer codes, including, but not limited to, viruses and worms.
LIMITATION OF LIABILITY
By viewing, using, or interacting in any manner with this site, including banners, advertising, or
pop-ups, downloads, and as a condition of the website to allow his lawful viewing, Visitor forever
waives all right to claims of damage of any and all description based on any causal factor resulting in
any possible harm, no matter how heinous or extensive, whether physical or emotional, foreseeable or
unforeseeable, whether personal or business in nature.
INDEMNIFICATION
Visitor agrees that in the event he causes damage, which the Website is required to pay for, the
Visitor, as a condition of viewing, promises to reimburse the Website for all.
SUBMISSIONS
Visitor agrees as a condition of viewing, that any communication between Visitor and Website is deemed a
submission. All submissions, including portions thereof, graphics contained thereon, or any of the
content of the submission, shall become the exclusive property of the Website and may be used, without
further permission, for commercial use without additional consideration of any kind. Visitor agrees to
only communicate that information to the Website, which it wishes to forever allow the Website to use in
any manner as it sees fit. “Submissions” is also a provision of the Privacy Policy.
NOTICE
No additional notice of any kind for any reason is due Visitor and Visitor expressly warrants an
understanding that the right to notice is waived as a condition for permission to view or interact with
the website.
DISPUTES
As part of the consideration that the Website requires for viewing, using or interacting with this
website, Visitor agrees to use binding arbitration for any claim, dispute, or controversy (“CLAIM”) of
any kind (whether in contract, tort or otherwise) arising out of or relating to this purchase, this
product, including solicitation issues, privacy issues, and terms of use issues.
Arbitration shall be conducted pursuant to the rules of the American Arbitration Association which are
in effect on the date a dispute is submitted to the American Arbitration Association. Information about
the American Arbitration Association, its rules, and its forms are available from the American
Arbitration Association, 335 Madison Avenue, Floor 10, New York, New York, 10017-4605. Hearing will take
place in the city or county of the Seller.
In no case shall the viewer, visitor, member, subscriber or customer have the right to go to court or
have a jury trial. Viewer, visitor, member, subscriber or customer will not have the right to engage in
pre-trial discovery except as provided in the rules; you will not have the right to participate as a
representative or member of any class of claimants pertaining to any claim subject to arbitration; the
arbitrator’s decision will be final and binding with limited rights of appeal.
The prevailing party shall be reimbursed by the other party for any and all costs associated with the
dispute arbitration, including attorney fees, collection fees, investigation fees, travel
expenses.
JURISDICTION AND VENUE
If any matter concerning this purchase shall be brought before a court of law, pre- or post-arbitration,
Viewer, visitor, member, subscriber or customer agrees to that the sole and proper jurisdiction to be
the state and city declared in the contact information of the web owner unless otherwise here specified.
In the event that litigation is in a federal court, the proper court shall be the closest federal court
to the Seller’s address.
APPLICABLE LAW
Viewer, visitor, member, subscriber or customer agrees that the applicable law to be applied shall, in
all cases, be that of the state of the Seller.
CONTACT INFORMATION
The Seller of this product is:
Mailing address:
West London Diagnostic & Ealing Physiotherapy Ltd
66-68 South Ealing Road
London W5 4QB
United Kingdom
Contact Email: info@apexultrasound.uk, All Rights Reserved.