Terms and Conditions – XCMR

Terms and Conditions

January 5, 2022
XCMR PROVIDES THIS SITE AND RELATED SERVICES TO YOU SUBJECT TO YOUR COMPLIANCE WITH THE TERMS AND CONDITIONS SET FORTH BELOW. PLEASE READ THE FOLLOWING INFORMATION CAREFULLY. YOUR CONTINUED USE OF THIS SITE WILL INDICATE YOUR AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, PROMPTLY EXIT THIS SITE.

1. Copyright Notice
The contents of all material within this Web site ("Site"), including all text and images, are, unless indicated otherwise the sole and exclusive property of XCMR Inc. or its affiliates (collectively, "XCMR") or are used under license. Except for the limited right to access and use the Site as permitted under these Terms and Conditions, all rights are specifically reserved. Copyright, however, is not claimed as to (i) any part of an original work prepared by a U.S. federal or state government officer or employee as part of his or her official duties or (ii) any hyperlinked website or its contents, which may be subject to its own terms and conditions, including third-party copyright protections. No portion of the material within this site may be copied, displayed, distributed, downloaded, performed, published, reproduced, transferred, or used in any form, except with the express written permission and the express attribution of XCMR. If you breach any of these Terms and Conditions, your authorization to use this Site automatically terminates and you must immediately destroy any downloaded or printed materials.

2. Trademark Notice
XCMR and the stylized XCMR logo are registered trademarks of XCMR Inc. Near-Field Infection Protection, NIP, Symmetrical Flow Decontamination, SFD and associated logos are also trademarks and service marks of XCMR. All other trademarks, service marks and logos used in this Site are the trademarks, service marks, or logos of their respective owners.

3. WARRANTY DISCLAIMER
 THIS SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN THIS SITE OR ANY HYPERLINKED WEB SITE, IS PROVIDED "AS IS" AND "AS AVAILABLE," WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY OF INFORMATION, QUIET ENJOYMENT, AND TITLE/NONINFRINGEMENT, WHICH ARE HEREBY SPECIFICALLY DISCLAIMED.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE AND ANY HYPERLINKED WEB SITE. YOU ASSUME TOTAL RESPONSIBILITY (1) FOR THE ACCURACY, COMPLETENESS, OR RELIABILITY OF ANY CONTENT OR INFORMATION CONTAINED WITHIN THIS SITE OR ANY HYPERLINKED WEB SITE ON WHICH YOU CHOOSE TO RELY AND (2) FOR VERIFYING ANY SUCH CONTENT OR INFORMATION BEFORE RELYING ON IT.
XCMR AND ITS AFFILIATES, VENDORS, LICENSORS, AND OTHER THIRD PARTIES MENTIONED ON THE SITE ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, SITE-RELATED SERVICES AND PRODUCTS, CONTENT OR INFORMATION CONTAINED WITHIN THE SITE, AND/OR ANY HYPERLINKED WEB SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, SITE-RELATED SERVICES, AND/OR HYPERLINKED WEB SITES IS TO STOP USING THE SITE AND/OR THOSE SERVICES. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

4. Accuracy and Integrity of Information
Although XCMR attempts to present accurate, complete, and reliable information on this Site, XCMR makes no guarantees whatsoever as to the accuracy, completeness, or reliability of any such information. You should be aware that this Site could include inaccuracies, errors, or omissions, and that unauthorized additions, deletions and alterations could be made to this Site by third parties. In the event that an inaccuracy, error, or omission arises, please inform XCMR so that the inaccuracy, error, or omission can be corrected. Information contained on this Site may be changed or updated without notice.

5. Interactive Areas and Communications
XCMR may, but is not obligated to, monitor or review any areas of the Site where visitors may transmit or post information (collectively "Communications") if so provided, including, but not limited to, bulletin boards and other discussion areas, and the content of any such Communications. XCMR, however, will have no liability related to the content of any such Communications, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. XCMR retains the right to remove, in its sole discretion, Communications that include any material deemed abusive, defamatory, obscene, or otherwise inappropriate. Please be aware that all such Communications will NOT be confidential.

6. Prohibited Uses of Site
You represent and warrant to XCMR that you will neither use this Site for any purpose nor engage in any activity in using this Site that is unlawful or that violates the terms and conditions of this Agreement.

7. Confidential and Proprietary Information
XCMR does not want to receive confidential or proprietary information from you through this Site. Please note that any information or material sent to XCMR will be deemed NOT to be confidential. By sending XCMR any information or material, you grant to XCMR an unrestricted, irrevocable, world-wide, royalty-free license to copy, display, distribute, download, perform, publish, reproduce, transfer, or use in any form such information or material, and you also agree that XCMR is free to use, for any purpose, any ideas, concepts, know-how, or techniques that you send to us.

8. Links to Third Party Web Sites
XCMR may provide in this Site links to Web sites maintained or sponsored by third parties. XCMR makes no representations or warranties whatsoever about any third party Web site that you may access through this Site. When you access a third party Web site, please understand that the third party Web site is independent from XCMR, and that XCMR has no control over the content, products, or services on the third party Web site. In addition, a hyperlink to a third party Web site does not mean that XCMR endorses or accepts any responsibility for the content, information, products, or services on the third party Web site or for the use of any of the foregoing. You are advised to take precautions to ensure that whatever you select for your use is free of items, such as viruses, worms, trojan horses, and other items of a destructive nature. If you decide to access any of the third party sites linked to this Site, you do this entirely at your own risk.

9. Choice of Law and Venue
This Agreement is entered into in the Commonwealth of Pennsylvania, U.S.A., and shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, U.S.A., exclusive of its choice of law rules. XCMR and you hereby submit to the exclusive jurisdiction of the U.S. Federal and State courts sitting in the Counties of Philadelphia or Montgomery, in the Commonwealth of Pennsylvania, U.S.A., and waive any jurisdictional, venue, or inconvenient forum objections to such courts. In any action to enforce this Agreement, the prevailing party will be entitled to reasonable professional fees and expenses. If any provision of this Agreement is held by a court or other tribunal of competent jurisdiction to be invalid or unenforceable, such provision shall be limited or eliminated to the minimum extent necessary so that this Agreement and the other provisions in this Agreement shall remain otherwise in full force and effect.

10. Entire Agreement
These terms and conditions constitute the entire agreement between XCMR and you pertaining to the subject matter hereof, and they supersede any and all prior written or oral agreements between XCMR and you pertaining to such subject matter. In its sole discretion, XCMR may from time-to-time revise these Terms and Conditions by updating this posting. You should, therefore, periodically visit this page to review the current Terms and Conditions, so you are aware of any such revisions to which you are bound. Certain provisions of these Terms and Conditions may be superseded by expressly designated legal notices or terms located on other pages within this Site.