Terms and Conditions

These Terms of Use ("Terms of Use") are between you and ThermaLens™ and its corporate affiliates (collectively "the Company"), for the use of the ThermaLens™ website and other related sites owned and operated by the Company (collectively referred to as "the "ThermaLens™ Sites"). 

The terms and conditions set forth in these Terms of Use, as well as our Privacy Policy, constitute the entire agreement between the Company, by and on behalf of its subsidiaries and affiliates, and users and members of the ThermaLens™ Sites. By using the ThermaLens™ Sites, you signify that you have read, understand and agree to be bound by these Terms of Use. We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms of Use at any time without further notice. 

If we do this, we will post the changes to these Terms of Use on this page and will indicate at the top of this page the Terms of Use's effective date. Your continued use of ThermaLens™ Sites after any such changes constitutes your acceptance of the new Terms of Use. If you do not agree to abide by these or any future Terms of Use, please do not use or access ThermaLens™ Sites. It is your responsibility to regularly review these Terms of Use.

You agree to use the ThermaLens™ Sites only for purposes that are permitted by these terms and any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the United States or other relevant countries). 

Subject to your performance of all of the provisions of these Terms of Use, the Company hereby grants you a limited, terminable, non-transferable, personal, non-exclusive license to access and use the ThermaLens™ Sites and the Services solely as provided herein. 

You may download material displayed on the ThermaLens™ Sites for non-commercial, personal use only, provided you also retain all copyright and other proprietary notices contained on the materials. You may not, however, distribute, modify, broadcast, publicly perform, transmit, reuse, re-post, or use the content of the ThermaLens™ Sites for public or commercial purposes, including the text, images, audio, and video without the Company's prior written permission. 

Notwithstanding anything to the contrary herein, all rights not specifically granted in the license set forth above shall be reserved and remain always with the Company. Your right to use the ThermaLens™ Sites is not transferable. You acquire no rights or licenses in or to the ThermaLens™ Sites and materials contained therein other than the limited right to access and utilize the ThermaLens™ Sites in accordance with these Terms of Use.

User Representations and Warranties

By using the ThermaLens™ Sites, you represent, warrant and covenant that you: (i) have the power and authority to enter into and be bound by the Terms of Use; (ii) shall not use any rights granted hereunder for any unlawful purpose; (iii) shall use the ThermaLens™ Sites only as set forth in these Terms of Use; and (iv) are thirteen years of age or older. If you are under the age of 13, you are not allowed to use the ThermaLens™ Sites.

You agree not to access (or attempt to access) any of the services available on the ThermaLens™ Sites (the "Services") by any means other than through the interface that we provide, unless you have been specifically allowed to do so in a separate agreement with us. You specifically agree not to access (or attempt to access) any of the Services through any automated means (including, without limitation, use of scripts or web crawlers) and shall ensure that you comply with the instructions set out in any robots.txt file present on the Services.

Intellectual Property

You acknowledge that the ThermaLens™ Sites have been developed, compiled, prepared, revised, selected and arranged by the Company and others through the expenditure of substantial time, effort, and money and constitutes valuable intellectual property and trade secrets of the Company and others. It is our policy to enforce our intellectual property rights to the fullest extent permitted under law.

 The trademarks, logos, and service marks ("Marks") displayed on the ThermaLens™ Sites are the property of the Company or third parties and cannot be used without the written permission of the Company or the third party that owns the Marks. The Site is also protected as a collective work or compilation under U.S. copyright and other foreign and domestic laws and treaties. 

Users are prohibited from using (except as expressly set forth herein), transferring, disposing of, modifying, copying, distributing, transmitting, broadcasting, publicly performing, displaying, publishing, selling, licensing, or creating derivative works of any content on the ThermaLens™ Sites for commercial or public purposes. 

Nothing Nothing in these Terms of Use grants you a license under any copyright, trademark, patent or other intellectual property right of the Company or any third party, except for the right to use the ThermaLens™ Sites as expressly permitted in these Terms of Use.

User Submissions:

The ThermaLens™ Sites may provide you with the opportunity to submit, post, display, transmit, perform, publish, distribute or broadcast content and materials to the Company or the ThermaLens™ Sites, including, without limitation, photographs, writings, music, video, audio recordings, computer graphics, pictures, data, questions, comments, suggestions or personally identifiable information (collectively, "User Submissions").

You may not submit any User Submissions that are illegal, threatening, obscene, racist, offensive, or harmful. You must have the rights to all User Submissions you submit and the right to grant the license set forth in these Terms of Use.

By submitting User Submissions to the ThermaLens™ Sites, you grant the Company a royalty-free, perpetual, irrevocable, sublicensable, fully paid-up, non-exclusive, transferrable, worldwide right and license to use, reproduce, create derivative works from, publish, edit, translate, distribute, perform, display, transmit, offer for sale and sell the User Submissions, for any purpose whatsoever, in any medium now known or hereafter devised.

Links to Third Party Sites:

The ThermaLens™ Sites may contain links to third-party websites. These links are provided solely as a convenience to you and not as an endorsement by the Company of the contents of such third-party websites. The Company is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third-party websites. If you decide to access linked third-party websites, you do so at your own risk.

Disclaimer of Warranties:

THE THERMALENS™ SITES, AND ANY CONTENT, TOOLS, PRODUCTS OR SERVICES DISPLAYED, ACCESSED OR OBTAINED ON OR THROUGH THE THERMALENS™ SITES ARE PROVIDED "AS IS," "AS AVAILABLE," AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE COMPANY, ITS LICENSORS AND THEIR AFFILIATES, SUPPLIERS, AND AGENTS DO NOT WARRANT AND EXPRESSLY DISCLAIM THAT: 

(i) YOUR USE OF THE THERMALENS™ SITES AND ACCESS TO AND USE OF ALL OF THE TOOLS, FEATURES, SERVICES, PRODUCTS, AND CONTENT THEREIN WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, 

(ii) THAT ANY INFORMATION OBTAINED THEREIN IS ACCURATE, RELIABLE OR COMPLETE, 

(iii) THAT DEFECTS WILL BE CORRECTED, 

OR (iv) THAT ANY SOFTWARE, SERVICES, WEBSITES OR SERVER(S) ON WHICH THE SERVICES ARE HOSTED ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THE THERMALENS™ SITES AND ANY INFORMATION OR MATERIALS PROVIDED ON OR THROUGH THE THERMALENS™ SITES IS ENTIRELY AT YOUR OWN RISK.

Limitation of Liability:

NEITHER THE COMPANY NOR ITS LICENSORS OR SUPPLIERS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE, THE THERMALENS™ SITES OR THE CONTENT, MATERIALS AND FUNCTIONS RELATED THERETO, LOST BUSINESS OR LOST SALES, EVEN IF SUCH PROTECTED ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Governing Law and Jurisdiction:

These Terms of Use shall be governed by and construed in accordance with the laws of the state in which the Company is incorporated, without regard to its principles of conflicts of law. You agree to the exclusive jurisdiction of the courts located within the state in which the Company is incorporated, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.

Contact Information:

For any questions, concerns, or complaints, please contact us at client-care@oxygen4lifeinc.com