Last updated: [August 22], 2010
Welcome to Prosthetic Ink a GTOPI Company LLC. These Terms of Service (the “Terms”) are a binding legal agreement between you and Prosthetic Ink a GTOPI Company LLC (“Prosthetic Ink” or “we”), regarding your use of the website www.ProstheticINK.com (the “Website”). Please read these Terms carefully. If you do not agree to any provision of this Agreement, do not access the Website.
The Website provides information about Prosthetic INK and the services we offer. The Website does not provide medical advice. The content on the Website is for informational purposes only and is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Prosthetic Ink does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Website.
You must be at least 18 years old to use the Website and the Website is not intended for those under 18. By using the Website, you represent and warrant that you are 18 years of age or older.
Updates to this Agreement
Prosthetic Ink may occasionally update this Agreement.
When we do, we will revise the “last updated” date on the Agreement, and you may view the most current version at [www.gtopi.com]. It is your responsibility to review the most recent version of the Agreement frequently and remain informed about any changes to it. By continuing to use the Website, you consent to any updates to this Agreement.
The Website is for your personal and non-commercial use only.
You will not do any of the following:
reproduce, modify, translate, enhance, decompile, disassemble, reverse engineer or create derivative works of the Website; rent, lease or sublicense access to the Website; circumvent or disable any security or technological features or measures of the Website; access, monitor, or copy any content or information on the Website using any robot, spider, scraper, or other automated means or any manual process for any purpose without our express written permission; or “frame”, “mirror,” or otherwise incorporate any part of the Website into any other website without our prior written authorization.
Any of the above prohibited uses will result in the automatic and permanent termination of your right to use the Website.
Trademarks Prosthetic Ink, the Prosthetic Ink logo, Prosthetic Ink a GTOPI Company LLC, and any other product or Website name or slogan contained on the Website are trademarks of Prosthetic Ink and its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of the applicable trademark holder. All other trademarks, registered trademarks, product names and company names or logos mentioned on the Website are the property of their respective owners. Reference to any products, Website, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise, does not constitute or imply endorsement, sponsorship, or recommendation thereof by us, or vice versa.
Ownership We, our affiliates, and our suppliers and licensors own all right, title, and interest, including all intellectual property rights, in and to the Website. Except for those rights expressly granted in these Terms, no other rights are granted, either express or implied, to you.
The Website may contain links to webpages and content of third parties (“Third-Party Content”) as a service to those interested in this information. We do not monitor, endorse, or adopt, or have any control over, any Third-Party Content. We undertake no responsibility to update or review any Third Party Content and can make no guarantee as to its accuracy or completeness.
Feedback If you provide feedback to us regarding the Website (“Feedback”), you authorize us to use that Feedback without restriction and without payment to you. Accordingly, you hereby grant us a perpetual and irrevocable license to use the Feedback for any purpose.
If you provide us with any personally identifiable information via email or other means, we may use it to provide services and information that you request; to enhance, improve, operate, and maintain the Website and our other systems; to maintain a record of our dealings with you; and for other administrative purposes. We may also use personal information to contact you regarding products, services, events, programs, and offers that we believe you may find of interest. We allow you to opt-out from receiving marketing communications by clicking the unsubscribe link available in any marketing communication.
Indemnification You will defend, indemnify and hold harmless Prosthetic Ink, its subsidiaries, affiliates, partners and third-party advertisers and their respective directors, officers, agents, employees, licensors, and suppliers from and against any costs, damages, expenses, and liabilities (including, but not limited to, reasonable attorneys’ fees) arising out of or related to your use of the Website, your violation of these Terms, or your violation of any rights of a third party.
Disclaimer of Warranties
YOUR — USE OF THE WEBSITE, INCLUDING, WITHOUT LIMITATION, YOUR — USE OF ANY CONTENT ACCESSIBLE THROUGH THE WEBSITE AND YOUR INTERACTIONS AND DEALINGS WITH ANY WEBSITE — USERS, IS AT YOUR SOLE RISK. THE WEBSITE, AND ALL CONTENT AVAILABLE ON AND THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. PROSTHETIC INK AND ITS SUPPLIERS AND LICENSORS 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, TITLE, AND NON-INFRINGEMENT. GTOPI DOES NOT WARRANT UNINTERRUPTED — USE OR OPERATION OF THE WEBSITE OR YOUR ACCESS TO ANY CONTENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE WEBSITE WILL CREATE ANY WARRANTY REGARDING GTOPI THAT IS NOT EXPRESSLY STATED IN THESE TERMS. SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
Limitation of Liability
NEITHER PROSTHETIC INK NOR ITS SUPPLIERS OR LICENSORS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, PERSONAL INJURY, WRONGFUL DEATH, DAMAGES FOR LOSS OF PROFITS, GOODWILL, — USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF PROSTHETIC INK OR ANY SUPPLIER OR LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES), ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR — USE OF, OR YOUR INABILITY TO ACCESS OR — USE, THE WEBSITE OR ANY CONTENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
THE MAXIMUM TOTAL LIABILITY OF PROSTHETIC INK AND ITS SUPPLIERS AND LICENSORS TO YOU FOR ALL CLAIMS UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS $100. EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THESE TERMS BETWEEN THE PARTIES. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
Term and Termination
Prosthetic Ink may terminate this Agreement and your access to the Website at any time, for any reason.
Prosthetic Ink may modify, discontinue, and restrict the Website without notice. Prosthetic Ink and its licensors will not be liable to you or to any third party for any modification, discontinuance, restriction, termination, or any other disruption of the Website.
General Legal Notices
Prosthetic Ink failure to act in a particular circumstance does not waive its ability to act with respect to that circumstance or similar circumstances.
Each of the provisions in this Agreement is severable and independent of all other provisions of this Agreement.
This Agreement is governed by the laws of the State of Washington, excluding conflicts of law principles, and any claim against Prosthetic Ink must be commenced within one year after the claim arose. You irrevocably consent to the exclusive personal and subject matter jurisdiction of the federal, state and local courts located in Seattle, Washington.
Questions & Contact Information If you have any questions or concerns about the Website, or these Terms, you may contact us through our website by [clicking here] or write us at:
Attn: Dan Horkey
2981 Lowren Loop
Port Orchard, WA 98366-4085