WEBSITE TERMS OF USE

Effective as of January 6, 2017

PLEASE READ THESE WEBSITE TERMS OF USE (“TERMS”) CAREFULLY.  BY ACCESSING THE SITES YOU AGREE TO BE BOUND BY THESE TERMS OF USE, INCLUDING THE WARRANTY DISCLAIMERS, LIMITATIONS OF LIABILITY AND TERMINATION PROVISIONS.  THESE TERMS OF USE ARE SUBJECT TO CHANGE.  ANY CHANGES WILL BE INCORPORATED INTO THE TERMS OF USE POSTED TO THE SITES FROM TIME TO TIME, AND ANY ACCESS OF THE SITES BY YOU AFTER SUCH CHANGES ARE POSTED SHALL BE DEEMED YOUR AGREEMENT TO SUCH CHANGES.  IF YOU DO NOT AGREE WITH THESE TERMS OF USE, PLEASE DO NOT ACCESS THE SITES.

These Terms apply only to the use of certain websites which are owned and/or operated by or on behalf of Ameda, Inc. and/or its affiliates (“Ameda”) (each, a “Site,” and, collectively, the “Sites”), or available through our authorized third parties, or by any of the other means described herein.

These Terms do not apply to any site owned and/or operated by or on behalf of any third party even if we provide a link to such site on one of our Sites.  Please refer to the terms of use of any such third-party sites for information regarding the terms and conditions of your use of such sites. Your use of the Sites may be further governed by any other agreement entered into between you and Ameda.  In the event of any inconsistency between the terms of any other agreement between you and Ameda and these Terms, the terms of such agreement shall control.

When we refer to “Ameda,” “we,” “us” or “our,” we mean Ameda, Inc. or the specific division, subsidiary or affiliate that operates the Site, provides its content or processes information received through it, each as appropriate and applicable.

When we refer to “you” or “your,” we mean the person accessing the Site.  If the person accessing the Site acts on behalf of, or for the purposes of, another person, including a business or other organization, “you” or “your” also means that other person, including a business or other organization and its parents, subsidiaries and affiliates.

General

Ameda values your interest in our products and Services (defined below) and appreciates your visit to our Sites.  The Sites provide general information about Ameda and its products and Services.  Use of the Sites is limited to legitimate purposes.  Ameda may, from time to time, introduce new features to the Sites, or modify or delete existing features, in its sole discretion.  Ameda shall notify you of any of these changes to features to the extent Ameda is required by law to do so.  By using any new or modified features when they become available, you agree to be bound by these Terms concerning such features.

The Sites provides general information about Ameda and its products and services and are designed for information purposes only. You acknowledge that you are solely responsible for the use of them.  While Ameda will take reasonable care that the content on the Sites is accurate, complete and up-to-date, Ameda does not guarantee and makes no representation or warranty that the content and/or applications available or accessible via the Sites are accurate, complete or up-to-date or that access to them will be uninterrupted or error-free.  Before you rely on information found on the Sites, you must verify this information with the appropriate sources.

Ameda reserves the right to modify these Terms at any time without notice, but the most current version of the Terms of Use will always be available to you by clicking on the link at the bottom of each Site.  Therefore, you should frequently revisit the Sites to determine the present terms and conditions to which you are legally bound.  If you find the Terms of Use unacceptable at any time, you may discontinue your use of the Services.  By continuing to use the Services after the date of any change to these Terms, including accessing the Sites, you agree to be bound by the rules contained in the most recent version of these Terms.  You agree and understand that effective use of the Sites may require your browser to use software plug-ins and modules, including, without limitation, JavaScript, in order to correctly display content and utilize features on the Sites.  Ameda reserves the right to modify or terminate the Services and the Sites or to terminate your access to the Services and Sites, in whole or in part, at any time in its sole and absolute discretion.  These Terms constitute a contract between you and Ameda governed by the laws of the State of Illinois.

You acknowledge and agree that any information, comments, documents, images or general content you enter in or post on the Sites may be viewed by any other users with access to the Sites and therefore must be publicly available information and will not be considered confidential by you.  By providing any such information, comments, documents, images or general content to Ameda, you grant to Ameda an unrestricted, irrevocable, worldwide, royalty-free license to use, reproduce, display, publicly perform, transmit and distribute such information, comments, documents, images or general content on the Sites.  You further agree that Ameda is free to use any ideas, concepts or know-how that you, or individuals acting on your behalf, provide to Ameda.  You hereby agree that any comments, feedback or recommendations of you for the improvement or modification of the Sites or the products or Services advertised herein shall be the sole property of Ameda.

Ameda has the right in its sole discretion, and without prior notice and from time to time, to modify these Terms with respect to your access to or use of any Site.  Such modifications and additions shall be effective immediately upon posting the modified Terms to any Site, which posting shall be deemed notice to you.  If you disagree with the changes to these Terms, you should discontinue your use of the Sites.  Any access to or use of any Site after posting of modifications or additions to these Terms shall constitute and be deemed to be your agreement to such modified Terms.  Therefore, you should frequently revisit the Sites to determine the present terms and conditions to which you are legally bound.

The obligations and liabilities you incurred prior to the termination date shall survive the termination of these Terms for all purposes.  In the event of any such termination, the restrictions on your use of the material on the Sites shall survive such termination, and you agree to be bound by those terms.  YOU ACKNOWLEDGE AND AGREE THAT AMEDA SHALL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY MODIFICATION, SUSPENSION OR DISCONTINUANCE OF ANY SITE OR ANY PRODUCTS, SERVICES OR INFORMATION PROVIDED ON THE SITES OR ACCESSED BY YOU THROUGH THE SITES.

General Terms of Use

The Sites and any of the products or services provided by Ameda in connection with the Sites (the “Services”) are being provided to you expressly subject to these Terms, which govern your use of the Sites.  “Services” under these Terms include, without limitation, subscription services and products made available via such subscription services made available to you and other products and services offered to you directly by Ameda.

Access

Ameda makes the Sites available subject to the terms and conditions set forth herein and all applicable laws.  By accessing, browsing or otherwise using (collectively, “use” or “using”) the Sites, you acknowledge that you, the individual user of the Sites, have read, understood and agree to be legally bound by these Terms, and to comply with all applicable laws and regulations, without limitation or qualification.  By using the Sites, you further acknowledge that you have the authority and do hereby legally bind the business entity, if any, which you serve as an agent, independent contractor or employee thereof to the same Terms, without limitation or qualification.  These Terms shall take effect immediately on your first and continued use of the Sites.  If you do not agree to these Terms, you are not authorized to access, browse or otherwise use the Sites.

You warrant to Ameda that you will not attempt to gain unauthorized access to any Services offered by Ameda or computer systems or networks connected to any Ameda server through hacking, password mining or any other means.  You may not obtain or attempt to obtain any materials or information through any means not intentionally made available by Ameda.  When using the Sites you agree not to pretend to be someone else or spoof their identity.

Unauthorized Use

Any access or attempted access of other areas of Ameda’s computer systems, third-party systems and Services that Ameda utilizes or other information contained therein for any purpose is strictly prohibited.  You agree not to interfere in any way with others’ use of or access to any Sites.  Ameda reserves the right to report any activity that it reasonably suspects violates any law or regulation and to disclose any information to law enforcement officials or regulators or other appropriate third parties.

In the event that certain portions of the Sites are intended to be used only by authorized individuals in compliance with a separate agreement with Ameda, such individuals must use the username and password assigned to them and not those of any other person.  If you are not authorized for this purpose, or if you are using someone else’s login information, you are deemed an unauthorized user and you should not use the Sites.  If nonetheless you continue, then by using the Sites you undertake and agree that  (1) you will be personally liable for any and all expenses, costs or damages incurred by us in investigating or addressing your unauthorized use of the Sites (such obligations shall be in addition to whatever other rights and remedies may be available to us for unauthorized use); and (2) you will be personally bound to the terms of the other agreements with Ameda for the entire debts and other commitments of Customer, waiving any actual notice or knowledge of the terms of the other agreements with Ameda, all without any duties or obligations to you on the part of Ameda.

Access to any password-protected portion of the Sites is limited exclusively to the person to whom login information has been issued by Ameda.  You will keep your login and password confidential and not disclose the same to any third party.  You will notify Ameda immediately of any actual or suspected loss, theft or unauthorized use of your login or password.  You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell in any way any information, documents, graphics, or other materials (“Materials”) obtained from the Site, except that you may view the Materials in their present form and you may download on any single computer and print one copy of the Materials for your personal, noncommercial use, provided you keep intact all copyright and other proprietary notices.  The Materials are subject to change without notice.

Use of the Sites is limited to legitimate purposes.  You shall not use or introduce into the Sites any device, software or routine that could damage or interfere with the operation of the Sites. You shall not directly or indirectly take any action to interfere with the operation of the Sites or engage in any unlawful or infringing activity in connection with your use of the Sites, including by way of example and not limitation, using any scraper, robot, spider, or other automated mechanism to access the Sites or download material off of the Sites.

Ameda has the right to modify, suspend or discontinue, temporarily or permanently, the Sites, any products or Services provided by Ameda through the Sites or your right to access or use any portion of the Sites, in Ameda’s sole discretion, at any time and without prior notice, for any reason, including, without limitation, the following:  (1) attempts by you (or another party) to gain unauthorized access to any Site or assist others in attempting to do so, (2) your (or another party’s) disabling of any security features on any Site, (3) your violation of these Terms, (4) suspected or actual infringement of a third party’s intellectual property rights or (5) pursuant to requests by law enforcement or other government agencies.

You warrant to Ameda that you will not attempt to gain unauthorized access to any Services offered by Ameda or computer systems or networks connected to any Ameda server through hacking, password mining or any other means.  You may not obtain or attempt to obtain any materials or information through any means not intentionally made available by Ameda.  When using the Sites you agree not to pretend to be someone else or spoof their identity.

Ameda also reserves the right to report any activity that it reasonably suspects violates any law or regulation, and to disclose any information to law enforcement officials or regulators or other appropriate third parties.

Use of the Site

As a user of the Sites, you have a non-exclusive, non-transferable, limited, revocable license to use the Sites solely for your personal or internal business use, as applicable.  You may not use the Sites for any other purpose whatsoever.  Without limiting the previous sentence, you may not reproduce, modify, distribute, transmit, display, perform, reproduce, transfer, sell or publish any of the contents of the Sites without the prior written consent of Ameda, which may be withheld, conditioned or delayed in its sole discretion, except that you may print out a copy of the content solely for your personal or internal business use.  In doing so, you will not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name or service mark or any other proprietary notice or legend appearing on any of the content.  You are prohibited from including links from other websites to the Sites without the prior written consent of Ameda, which may be withheld, conditioned or delayed in its sole and absolute discretion.

The foregoing license is subject to these Terms and does not include the right to use any data mining, robots or similar data gathering or extraction methods. This license is revocable at any time without notice and with or without cause. You may not and you may not permit others to copy, distribute, perform or display publicly, prepare derivative works based on, broadcast, exploit or use any part of the content on the Sites except as expressly provided in these Terms without our prior written permission. Nothing in these Terms shall be construed as transferring any right, title or interest in the Sites or its content to you or anyone else, except the limited license to use the Site on the terms expressly set forth herein.

Third Party Content

Some of the information, articles and other materials available through the Sites may be provided to Ameda by third parties. Wherever practical, in our opinion, the source of these third-party materials is identified.  These third-party materials are provided for your interest and convenience only. Ameda does not endorse these materials or the vendors who supply them to us, nor does Ameda warrant or represent that these materials are current, accurate, complete or reliable.

Links to Third-Party Websites

The Sites may contain links to websites controlled or offered by third parties (non-affiliates of Ameda).  Ameda hereby disclaims liability for any other company’s website content, products, privacy policies or security.  In the event you choose to use the services available at a linked site, you agree to read and adhere to the policies and terms of use applicable to that site.  In addition, any advice, opinions or recommendations provided by the linked site providers are those of the providers and not of Ameda.  Your participation in any linked site, including payment for and the delivery of goods or services, is based solely on the agreement, if any, between you and the linked website provider.

Intellectual Property and Restrictions on Use of Information and Content

All information and content provided on the Sites, whether explicitly marked or not, is the property of Ameda, its subsidiaries, affiliated companies or joint partners, or others, and are subject to U.S. and international copyright and unfair competition laws.  The information and content provided includes, but is not limited to, the text, graphics, image, video, audio, animation and software, their related files and their arrangement on the Site.

All trademarks, service marks, logos, model and brand names, emblems and protectable trade dress elements (collectively, “Marks”), whether explicitly marked or not, used on the Sites are owned by Ameda, its subsidiaries, affiliated companies or joint partners, or used under license, and are subject to U.S.  (federal and state) and international trademark and unfair competition laws.

You may not copy, reproduce, download, upload, post, broadcast, transmit, distribute, publish, republish or otherwise use any information, content or Marks provided on the Sites in any form or by any means, or by any information storage or retrieval system for any commercial use without the express written permission of Ameda.  You are not permitted to create a hyperlink to any page or portion of any Site or frame any page or portion of any Site without the prior written permission of Ameda.  You may, however, copy, print or otherwise use the information, content or Marks provided on the Sites, provided that the use is for your personal, educational or internal business use only and further provided that you (1) maintain all copyright and other intellectual property notices together and intact with any information or content; (2) do not modify or otherwise alter any information or content; and (3) do not expressly or implicitly suggest an association with any Services, product, brands or affiliates through the use of any information or content.  Other use of any information, content or Marks, except as specifically permitted in these Terms or in a written instrument signed by Ameda, is strictly prohibited.

Nothing contained on any Site shall be construed as conferring, by implication, estoppel or otherwise, any license or right to any copyright, patent, trademark or other proprietary interest of Ameda or any third party.

Any use of the information, content or Marks provided on any Site that does not comport with these Terms shall be an unauthorized use and subject you to civil and criminal penalties as provided by U.S.  and international intellectual property laws and other applicable laws.

NOTICE OF IMMUNITY FROM LIABILITY FOR CONFIDENTIAL DISCLOSURE OF A TRADE SECRET TO THE GOVERNMENT OR IN A COURT FILING:  Notwithstanding anything herein to the contrary, under the Federal Defend Trade Secrets Act of 2016, an individual may not be held criminally or civilly liable under any Federal or state trade secret law for the disclosure of a trade secret that (A) is made (i) in confidence to a Federal, State, or local government official, either directly or indirectly, or to an attorney; and (ii) solely for the purpose of reporting or investigating a suspected violation of law; or (B) is made in a complaint or other document filed in a lawsuit or other proceeding, if such filing is made under seal.  An individual who files a lawsuit for retaliation by an employer for reporting a suspected violation of law may disclose the trade secret to the attorney of the individual and use the trade secret information in the court proceeding if the individual files any document containing the trade secret under seal and does not disclose the trade secret except pursuant to court order.  Nothing herein is intended, or should be construed, to affect the immunities created by the Defend Trade Secrets Act of 2016.

International Use

Ameda makes no representation that materials, products or Services on any Site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited.  Those who choose to access any Site from other locations do so on their own initiative and are responsible for compliance with local laws.

User Contributions to the Sites

There may be opportunities for you and/or other users to contribute information, data, blog posts, photos, videos, questions, comments, suggestions, ideas or materials to the Sites (collectively, “User Content”) that may be subject to additional terms and conditions which are incorporated herein by reference. Please be aware that by submitting User Content to the Sites, you grant Ameda a non-exclusive, royalty-free, perpetual, transferable, irrevocable and fully sub-licensable right to (a) use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such User Content throughout the world in any media, now known or hereafter devised, and (b) use the name that you submit in connection with such User Content.  Ameda is not liable or responsible for any User Content provided by you or other third parties to the Site.  You acknowledge that Ameda may choose to provide attribution of your User Content at our discretion, and that such User Content may be shared with other Site users.  You further grant Ameda the right to pursue at law any person or entity that violates your or Ameda’s rights in the User Content by a breach of these Terms.  You acknowledge and agree that User Content is non-confidential and non-proprietary.  You expressly waive any and all “moral rights” (including rights of attribution or integrity) that may subsist in your User Content and agree that you have no objection to the publication, use, modification, deletion or exploitation of your User Content by Ameda or any of our partners or licensees.  We take no responsibility and assume no liability for any User Content posted or submitted by you.  If you do not agree to these Terms, please do not provide us with any User Content.

You are fully responsible for all your User Content.  You are prohibited from posting or transmitting to or from the Sites  (i) any unlawful, threatening, libelous, defamatory, obscene, pornographic or other material or content that would violate rights of publicity and/or privacy or that would violate any law; (ii) any solicitation of funds, advertising or marketing of any of your goods or services or similar commercial material or content that is not associated with Ameda making the Services available to you; and (iii) any material or content that infringes, misappropriates or violates any copyright, trademark or patent right, or other proprietary right, of any third party.  You shall be solely liable for any damages resulting from any violation of the foregoing restrictions, or any other harm resulting from your posting of User Content to the Sites.  You acknowledge that Ameda may exercise its rights (e.g., use, publish, delete) to any User Content you submit without notice to you.  You agree that you will indemnify Ameda against any damages, losses, liabilities, judgments, costs or expenses (including reasonable attorneys’ fees and costs) arising out of a claim by a third party relating to any User Content you have posted.

Ameda does not endorse User Content in any way, nor does it vouch for the accuracy or usefulness of such User Content, and Ameda expressly disclaims any liability associated with such User Content posted by third parties. Reference to any products, services, hyperlink text to the third parties or other information by trade name, trademark and supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by Ameda.

Google® Translate

The Google® Translate application (https://translate.google.com) may be available on the Sites to allow you to translate written content.  Google® Translate uses automated processes to translate text which you acknowledge may result in inaccuracies.  You therefore acknowledge and agree that your use of Google® Translate is entirely at your own risk and is provided “as is” by Ameda.  Ameda does not warrant or make any promises, assurances or guarantees as to the accuracy or completeness of the translations provided by Google® Translate.

Photo Submission Guidelines

All photos submitted are subject to the terms applicable to User Content and the guidelines set forth below, and which may be updated from time to time by Ameda.  Ameda claims no ownership, affiliation with or endorsement of any photos that are submitted by users through our Sites.

Any photos you submit must be in accordance with the following guidelines:

  • All photos must be relevant to Ameda or the products or Services made available by Ameda.
  • Do not submit any photos or materials that are illegal, obscene, pornographic, profane, vulgar, offensive or insulting or that invade the privacy or violate any personal right of any person or entity.
  • Do not submit photos or information about children or any third parties without their consent (or their parent’s or guardian’s consent in the case of a child under 18 years of age).
  • Children under 13 may not submit photos or other materials.
  • Submit only your own photos – do not submit photos from any other source, either personal or commercial. Do not submit photos that infringe the copyright, trademark or other property right of any third party.
  • Do not submit photos that include logos, trademarks, trade names, branding, promotional material or any other content intended for commercial purposes.
  • Do not submit photos that contain viruses or other harmful code that is either intended to or may result in damage to the computers and systems of Ameda and/or those using it.

You will be held liable for any illegal or prohibited User Content you provide to any Site, including, among other things, infringing, defamatory or offensive materials.  If you discover this kind of material on any of our Sites, please notify us immediately notice@Ameda.com. We will investigate your claim promptly and may then take the actions deemed appropriate.

Links and Search Results

For the avoidance of doubt, the Sites may automatically produce search results that reference or link to third-party sites throughout the World Wide Web.  Ameda has no control over those sites or the content within them.  Ameda cannot guarantee, represent or warrant that the content contained in any of those sites is accurate, legal and/or inoffensive.  Ameda does not endorse the content of any third-party site, nor do we warrant that such sites  will not contain viruses or otherwise impact your computer or other access device.  By using the Sites to search for or link to another site, you agree and understand that you may not make any claim against Ameda for any damages or losses whatsoever resulting from your use of the Site to obtain search results or to link to another site.  Our inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators.   If you have a problem with a link from this Site, please notify us at notice@Ameda.com and we will investigate your claim promptly and take any actions we deem appropriate in our sole discretion.

RSS Content 

RSS (really simple syndication) service is a means by which Ameda provides feeds of story headlines in XML format (“RSS Content”) to visitors to the Site who use RSS aggregators.  These Terms govern your use of the RSS Content.  RSS Content is provided by Ameda at no charge for non-commercial use.  Any other uses, including without limitation the incorporation of advertising into or the placement of advertising associated with or targeted towards the RSS Content, are strictly prohibited.  You must use the RSS Content only as provided by Ameda and you may not edit or modify the text, content or links supplied by Ameda.  The RSS Content may be used only with those platforms from which a functional link is made available that, when accessed, takes the viewer directly to the display of the full article on Ameda Sites.  You may not display the RSS Content in a manner that does not permit successful linking to, redirection to or delivery of the applicable web page.  You may not insert any intermediate page, splash page or other content between the RSS link and the applicable web page.

As between you and Ameda, Ameda retains all ownership and other rights in the RSS Content, and any and all Ameda logos and trademarks used in connection with the RSS Content.  You must provide attribution to the appropriate Ameda Site in connection with your use of the RSS Content.  If you provide the attribution using a graphic, you must use the appropriate Ameda Site’s logo that we have incorporated into the RSS Content.  Ameda reserves the right to discontinue providing any or all of the RSS Content at any time, and to require you to cease displaying, distributing or otherwise using any or all of the RSS Content for any reason including, without limitation, your violation of any provision of these Terms.  Ameda assumes no liability for any of your activities in connection with the RSS Content or for your use of the RSS Content, even if permitted hereunder.

Commercial Users

For the avoidance of doubt, the Sites may not be used by our visitors for any commercial purposes other than to inquire about the products or services of Ameda.  You must obtain our express prior written consent to make commercial offers of any kind on the Sites, whether by advertising, solicitations, links or any other form of communication.  Without limiting the foregoing, you may not resell or link to other sites for the purpose of selling Ameda products or Services of any kind without our express written permission.  We will investigate and take appropriate legal action against anyone who violates this provision, including, without limitation, removing the offending communication from the Sites and barring such violators from use of the Sites.  We reserve the right to block access to or cancel any order for any user known or reasonably believed to be in violation of this provision.

Violation of the Terms

You understand and agree that in Ameda’s sole discretion, and without prior notice, we may terminate your access to the Sites, cancel any transactions or exercise any other remedy available and remove any unauthorized Content if we believe that the Content you provided has violated or is inconsistent with these Terms or violated the rights of Ameda, another user, or the law or constitutes a breach of any other agreement with Ameda.  You agree that monetary damages may not provide a sufficient remedy to Ameda for violations of these Terms and you consent to injunctive or other equitable relief for such violations.  Ameda may release user information about you if required by law or subpoena, or if release of the information is necessary or appropriate to address an unlawful or harmful activity.  Ameda is not required to provide any refund to you if you are terminated as a user because you have violated these Terms.

Ameda is not responsible for the products, services, actions or failures to act of any third party referenced on any Site.  Without limiting the foregoing, you may report the misconduct of users and/or third-party advertisers, service and/or product providers referenced on or included in any Site to us at notice@Ameda.com.  We may investigate the claim and take appropriate action, in our sole discretion.

Adoption of Additional Terms

These Terms expressly include any and all additional terms and conditions that are set forth on any of the Sites, including but not limited to any such terms and conditions that are specified in posted agreements and frequently asked questions listings therein.  To the extent any of these Terms are in conflict with any terms and conditions set forth in any particular Site, the terms and conditions set forth on the Sites shall control with respect to the particular Sites to which the terms and conditions are posted.

Indemnification

You agree to defend, indemnify, save and hold harmless Ameda, its affiliates, agents and licensees and its and their respective directors, members, shareholders, officers, employees and agents from and against all liabilities, judgments, fines, claims, damages, settlements, costs and expenses, including reasonable attorneys’ fees and disbursements, as incurred, arising out of your use of the Sites, including any violation or alleged violation of these Terms, and any losses or claims arising out of your use of any products or Services you may have obtained on any of our Sites.  You will cooperate with us in the defense of any claim.  We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

Disclaimers

YOU USE THE SITES AND THE PRODUCTS AND SERVICES OFFERED ON THE SITES AT YOUR OWN RISK.  ALL INFORMATION AND CONTENT AND ALL PRODUCTS AND SERVICES OFFERED THROUGH THE SITES, INCLUDING CONTENT PROVIDED BY THIRD-PARTY PROVIDERS, ADVERTISERS AND SPONSORS ON ANY SITE, ARE PROVIDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OR REPRESENTATION OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURCHASE, FREEDOM FROM VIRUSES OR HARMFUL CODE, TITLE OR NON-INFRINGEMENT.  ALL INFORMATION, CONTENT, PRODUCTS AND SERVICES OFFERED THROUGH ANY HYPERLINKED SITE IS PROVIDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OR REPRESENTATION OF ANY KIND, AND IS USED AT YOUR OWN RISK.  CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE.

IN NO EVENT WILL AMEDA OR ITS SUBSIDIARIES, AFFILIATED COMPANIES OR SUPPLIERS BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THE SITES OR ANY OF THE PRODUCTS OR SERVICES OFFERED THROUGH THE SITES, OR ANY OTHER HYPERLINKED SITE, INCLUDING, WITHOUT LIMITATION, ANY LOST REVENUES, LOST PROFITS, LOSS OF PROSPECTIVE ECONOMIC ADVANTAGE, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR SYSTEM OR OTHERWISE ARISING OUT OF THE USE OR MISUSE OF OR INABILITY TO USE ANY SITE OR THE INFORMATION, CONTENT, DOCUMENTS OR SOFTWARE THEREOF, EVEN IF AMEDA OR ITS SUBSIDIARIES, AFFILIATED COMPANIES OR SUPPLIERS ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR FOR ANY CLAIM BY A THIRD PARTY.  YOUR SOLE AND EXCLUSIVE REMEDY AGAINST AMEDA IS TO DISCONTINUE USE OF THE SITES AND ANY HYPERLINKED SITES AND TO DISCONTINUE THE USE OF PRODUCTS AND SERVICES OFFERED ON THE SITES AND ANY HYPERLINKED SITES.  CERTAIN STATE LAWS DO NOT ALLOW EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT OTHER RIGHTS, WHICH VARY FROM STATE TO STATE.

THE SITES, SERVICES, MATERIALS AND USER CONTENT (“SITE CONTENT”) ARE FOR INFORMATIONAL PURPOSES ONLY AND DO NOT CREATE A PROFESSIONAL RELATIONSHIP BETWEEN YOU AND AMEDA.  THE SITE CONTENT IS NOT AN AID OR SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, DECISIONS, OR TREATMENT FOR ANY DISEASE OR OTHER CONDITION, OR TO CURE, MITIGATE, TREAT, OR PREVENT ANY DISEASE. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING OR ANYTHING IN THE SITE CONTENT. AMEDA DOES NOT RECOMMEND OR ENDORSE ANY SPECIFIC TESTS, PHYSICIANS, PRODUCTS, PROCEDURES, OPINIONS, OR OTHER INFORMATION THAT MAY BE MENTIONED ON THE SITE CONTENT. IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL YOUR DOCTOR OR 911 IMMEDIATELY. YOU RELY ON THE SITE CONTENT SOLELY AT YOUR OWN RISK.

Without limiting the above disclaimers, Ameda, its affiliates, agents and licensees and its and their respective directors, members, shareholders, officers, employees and agents  (1) make no warranties or representations whatsoever concerning the Sites or any other Internet site, the access to or the availability or use of the Sites or any other Internet site, the information and content from whatever source posted on or referred to in the Sites or any other Internet site or the accuracy, completeness or timeliness of such information or content; (2) do not warrant or represent that your access to or use of the Sites or any other Internet site will be uninterrupted or free of errors or omissions, that defects will be corrected or that the Sites or any other Internet site is, or the information or content from whatever source available for use or downloading are, free of computer viruses, worms, Trojan horses or other harmful components; (3) do not represent or warrant that any Services or products listed on or accessed through the Sites will be available for purchase or not withdrawn at any time and makes no representation or warranty of any kind whatsoever concerning such products or Services; and (4) do not represent or warrant the accuracy, functionality or specifications or any other aspect of items from whatever source posted or accessed through the Sites.

The Sites may use hyperlinks as a convenience to you so that certain reference material, Ameda-related subjects and other pertinent material is easily accessible.  Linked and referenced sites may not be operated, controlled or maintained by Ameda.  Hyperlinks and references to other sites, including any Ameda-affiliated entity, do not constitute sponsorship, endorsement or approval by Ameda of the information, content, policies or practices of such linked or referenced sites.  Ameda, its subsidiaries, affiliated companies and partners do not accept any responsibilities for any information or content, availability, policies, practices or any use of such sites.  You access, browse and use such sites at your own risk.

The above limitations of liability reflects the allocation of risk between the parties and will survive and apply even if any limited remedy specified in these Terms is found to have failed of its essential purpose.  The limitations of liability provided in these Terms inure to the benefit of Ameda, the Ameda Affiliates and/or their respective suppliers. TO THE EXTENT CERTAIN JURISDICTIONS RESTRICT ANY OF THE ABOVE LIMITATIONS OF LIABILITY, SUCH LIMITATIONS SHALL NOT APPLY TO THE EXTENT OF SUCH RESTRICTIONS.

If, notwithstanding the limitations of liability above, Ameda or any of its affiliates are found liable for any loss or damage which arises out of or in any way connected with any products or Services or operation of the Sites, then the liability of Ameda and its affiliates will in no event exceed, in the aggregate, the lesser of (a) the service fees you paid to Ameda in connection with such transaction(s) on the Sites, or (b) One Hundred Dollars (US$100.00) (or the equivalent in local currency).

Ameda has no obligation to update any information or content on any Site.  Accordingly, Ameda and its subsidiaries, affiliated companies and partners assume no responsibility regarding the accuracy of the information or content provided on any Site.  Any use of the information or content provided on the Sites is done at your own risk.

The Sites and any information contained in the Sites do not constitute an offer to sell, or the solicitation of an offer to buy, any securities and must not be relied upon in connection with any investment decision.

Privacy Policy

These Terms include the terms and conditions of Ameda’s Privacy Policy, which are part of and incorporated into these Terms.  Accordingly, by using the Sites, you affirmatively acknowledge that you have read, understood and agree to be legally bound by the terms and conditions of Ameda’s Privacy Policy 

No Recommendations or Advice Provided

Although information and content may be available through the Sites, you should not construe such information and content as expressing the opinions of or endorsement by Ameda or its employees.  You alone bear the responsibility of evaluating any information or content available on the Sites.  In exchange for using such information or content, you hereby agree to release Ameda from any claim and to not hold Ameda liable for any possible claim for damages arising from any decision you may make based on information or content available on the Site.

Taxes

In states where Ameda has no physical presence, Ameda is not required to collect and remit sales tax for products and services purchased through the Site.  However, many states require that their residents file a sales or use tax return for products or services purchased online.  You should consult your state and local tax laws to determine compliance with tax laws and regulations in your geographic area.  In some states, Ameda collects and remits sales tax.  For purchases where sales tax is applicable, the tax calculated will be reflected on the checkout page before you are asked to confirm the purchase.  Ameda uses commercial reasonable efforts to calculate and remit the correct amount of tax required on each taxable purchase, but Ameda does not guarantee the accuracy of the amount of the tax Ameda represents to you as the tax owed.  Minor errors may occur owing to the inability to accurately track multiple taxing districts, state and local “tax holidays,” the timing of rate changes or the application of certain taxes to categories of items advertised on this Site.  As a result of any error, Ameda may over collect or under collect the tax.  In consideration of Ameda allowing you access to and use of the Site, and in collecting and remitting taxes required on your purchases, you hereby waive your right to claim that the tax collected on any purchase is incorrect in any respect and agree to hold harmless Ameda, its officers, directors, employees, agents and representatives (and those of its affiliates), for any harm or other damages you may incur as a result of Ameda’s error in calculating the taxes on your purchases.

Software Available/Mobile Apps On The Sites

Any software that we make available to access from the Sites (“Software”) or through mobile application stores, including the Ameda mobile application (the “Mobile App”) is the copyrighted work of Ameda and/or our respective suppliers.  Your use of such Software is governed by the terms of the subscription agreement, if any, which accompanies, or is included with, the Software (“Subscription Agreement”).  You may not install or use any Software that is accompanied by or includes a Subscription Agreement unless you first agree to the Subscription Agreement terms.  For any Software made available for download on the Sites not accompanied by a Subscription Agreement, we hereby grant to you, the user, a limited, personal, non-exclusive, nontransferable license to use the Software and/or the Mobile App for viewing and otherwise using the Sites and/or accessing the content and information available within the Mobile App in accordance with these Terms and for no other purpose.

Please note that all Software, including, without limitation, all HTML code and Active X controls contained on the Sites, is owned by Ameda, Ameda affiliates, and/or our respective suppliers, and is protected by copyright laws and international treaty provisions.  Any reproduction or redistribution of the Software is expressly prohibited, and may result in severe civil and criminal penalties.  Violators will be prosecuted to the maximum extent possible.  Without limiting the foregoing, copying or reproduction of the Software to any other server or location for further reproduction or redistribution is expressly prohibited.  The Software is warranted, if at all, only according to the terms of the applicable license agreement.

Your mobile device must be connected to the Internet for the Mobile App to function correctly.  You are responsible for making all arrangements necessary for your mobile device to have internet connectivity and are responsible for all fees your service provider may charge you arising out of the Mobile App transmitting and receiving data (including but not limited to data roaming charges).  As further described in our Privacy Policy, the Mobile App will automatically transfer only the amount of data needed to operate the Mobile App as part of its normal operation, including how you use the Mobile App, which Content you access, and technical errors or problems which the Mobile App may encounter while being used.  By using the Mobile App, you expressly acknowledge, agree and consent to the automatic collection of this information.

Bank And Credit Card Fees

Some banks and credit card companies impose fees for international transactions.  If you are making a purchase from outside of the United States on a US credit card, your bank may convert the payment amount to your local currency and charge you a conversion fee.  This means the amount listed on your credit or bank card statement may be in your local currency and therefore a different figure than the figure shown on the order summary page for a purchase on this Site.  In addition, a foreign transaction fee may be assessed if the bank that issued your credit card is located outside of the United States.  The currency exchange rate and foreign transaction fee is determined solely by your bank on the day that they process the transaction.  If you have any questions about these fees or the exchange rate applied to your booking, please contact your bank.

Copyright And Trademark Notices

All information and content provided on the Sites are © 2017 Ameda, Inc. All rights reserved.  The following names and logos are either registered trademarks or trademarks of Ameda, Inc. in the United States and/or other countries.

Registered

Ameda®
Ameda Platinum®
HygieniKit®
Purely Yours®
ComfortGel®
Ameda. Mom Inspired. Hospital Trusted.®

Trademarks

AmedaParentCare™
Ameda CustomerCare™
Airlock Protection™
Ameda Intimates™
BellyBalls™
ComfortLan™
ComfortPads™
Cool‘N Carry™
CustomControl™
CustomFit™
CustomFit Flanges™
CustomFit Flange System™
DuoShell™
Elite™
Eco™
FlexiShield™
Hospital Trusted Since 1942™
Lactaline™
MyMilk™
NoShow Premium™
Proven Airlock Protection™
Purely Yours Ultra™
Purely Yours Express™
Purely Yours CarryAll™
Purely Yours Una™
Store‘N Pour™
VacuSense™

If you are aware of an infringement of any of our trademarks or brands, please let us know by e-mailing us at trademarkinfringement@Ameda.com.  We address only messages concerning infringement at this e-mail address.

Other logos and product and company names mentioned herein may be the trademarks of their respective owners.  Ameda is not responsible for content on websites operated by parties other than Ameda.

Digital Millennium Copyright Act (“DMCA”)

Ameda respects the intellectual property of others, and we ask our users and visitors to do the same.  In accordance with the DMCA and other applicable law, Ameda has adopted a policy of terminating, in appropriate circumstances and at Ameda’s sole discretion, subscribers or account holders who are deemed to be repeat infringers.  Ameda may also at its sole discretion limit access to the Site and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.  If you believe that an account holder or subscriber is a repeat infringer, please provide information sufficient for us to verify that the account holder or subscriber is a repeat infringer when filing your notice.

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to the Site’s designated agent (see below).  ALL INQUIRIES NOT RELEVANT TO OR NOT COMPLYING WITH THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE.  Ameda will process and investigate notices (each, a “Notice”) of alleged infringement and will take appropriate actions under the DMCA and other applicable intellectual property laws.  Upon receipt of notices complying with the DMCA, Ameda will act to remove or disable access to any material found to be infringing or found to be the subject of infringing activity and will act to remove or disable access to any reference or link to material or activity that is found to be infringing.

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Ameda the following information in your Notice (to be effective, the notification must include ALL of the following):

  1. a physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive copyright that is allegedly infringed;
  2. a description of the copyrighted work that you claim has been infringed;
  3. a description of where the material that you claim is infringing is located on the Site;
  4. your address, telephone number, and email address and all other information reasonably sufficient to permit Ameda to contact you;
  5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
  6. a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Notices of claimed copyright infringement should be directed to Ameda’s designated agent.

By mail:

Ameda, Inc.
485 Half Day Road
Buffalo Grove, IL 60089
USA
Attn: Vicki Twomey

THE PRECEDING INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING AMEDA THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED.  ALL OTHER INQUIRIES, SUCH AS PRODUCT OR SERVICE RELATED QUESTIONS AND REQUESTS, OR QUESTIONS ON OUR PRIVACY PRACTICES, WILL NOT RECEIVE A RESPONSE THROUGH THIS PROCESS.

Communications Decency Act Notice

Pursuant to 47 U.S.C.  Section 230(d) (as amended from time to time), please be notified that parental control protections (such as computer hardware, software or filtering services) are commercially available to you that may assist you in limiting access to material that is harmful to minors.  Information identifying current providers of such protections is available on the following two websites:

GetNetWise (http://kids.getnetwise.org/)

On Guard Online (http://onguardonline.gov/)

Please be advised that Ameda does not endorse either of the above websites or any of the products or services available at such websites.

Notice for California Residents

Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice:  If you have a question or complaint regarding the Site, please contact us by writing to:

Ameda, Inc.
485 Half Day Road
Buffalo Grove, IL 60089
USA
Attn: Vicki Twomey
Telephone:  847-964-2637
Email:  Vicki.Twomey@Ameda.com

California residents may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at:

1625 North Market Blvd.
Sacramento, CA 95834
(916) 445-1254 or (800) 952-5210.

Miscellaneous

You warrant to Ameda that you will not attempt to gain unauthorized access to any Services offered by Ameda or computer systems or networks connected to any Ameda server through hacking, password mining or any other means.  You may not obtain or attempt to obtain any materials or information through any means not intentionally made available by Ameda.  When using the Sites you agree not to pretend to be someone else or spoof their identity.

Ameda controls its Sites (excluding linked sites) from its offices in Buffalo Grove, Illinois, United States of America, and makes no representation that any content contained in the Sites is appropriate or available for use in other locations.  Accessing the Sites in locations where the use of such content is illegal is prohibited.  By accessing the Sites you agree that the statutes and laws of the State of Illinois, notwithstanding any principles of conflicts of law, will apply to all matters relating to use of the Sites and that if you use the Sites from any other location you are responsible for compliance with applicable local laws.  Any claim relating to the Sites shall be litigated in the state and federal courts having jurisdiction in the State of Illinois and you hereby consent to the jurisdiction and venue of those courts.  Our failure at any time to require performance of any provision of these Terms or to exercise any right provided for herein shall not be deemed a waiver of such provision or such right. All waivers must be in writing. Unless the written waiver contains an express statement to the contrary, no waiver by any of us of any breach of any provision of these Terms or of any right provided for herein shall be construed as a waiver of any continuing or succeeding breach of such provision, a waiver of the provision itself, or a waiver of any right under these Terms. If any part of these Terms is deemed unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.  Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Sites or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.  The section titles herein are for convenience only and have no legal or contractual effect.

By using the Sites, you agree that Ameda, in its sole discretion, may require you to submit any disputes arising from the use of the Sites, or these Terms concerning or, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance or termination, to final and binding arbitration under the International Rules of Arbitration of the American Arbitration Association, by one or more arbitrators appointed in accordance with the said Rules.  Notwithstanding these rules, however, such proceeding shall be governed by the laws of the state as set forth in the previous section.  Any award in an arbitration initiated under this clause shall be limited to monetary damages (as further limited herein) and shall include no injunction or direction to any party other than the direction to pay a monetary amount.  Further, the arbitrator(s) shall have no authority to award punitive, consequential or other damages not measured by the prevailing party’s actual damages in any arbitration initiated under this section, except as may be required by statute.

By using the Sites, you further agree that you will not use the Sites or any materials available thereon for any unlawful activity, or use it in any way that would violate any of these Terms.

When applicable, you further agree, as a condition of using the Sites, to ensure that all of your agents, employees and independent contractors adhere to these Terms.

These Terms, as supplemented or amended by any applicable Privacy Notices, click-through agreement and Subscription Agreement, contain the entire understanding and agreement between you and us with respect to the Sites and supersede all previous communications, negotiations and agreements, whether oral, written, or electronic between you and us with respect thereto.

© 2017 Ameda, Inc.  All rights reserved.