Terms &
Conditions
These Terms and
Conditions of Use (these “Terms of Use”) apply to the
websites located at www.carpaltone.com
and
www.carpeltone.com
and all associated sites
linked to Northstar Solutions, its subsidiaries and affiliates
(collectively, the “Website”). The Website is the property of
Northstar Solutions, GP, its subsidiaries and affiliates
(“Carpal Tone” or “we”) and its licensors.
BY USING THE WEBSITE, YOU
AGREE TO THESE TERMS OF USE. IF YOU DO NOT AGREE, DO NOT
USE THE WEBSITE.
Use of
this Website. We grant you a personal,
non-exclusive, non-transferable, limited privilege to
enter and use the Website, subject to these Terms of
Use. The design of this Web site and all text,
graphics, information, content, and other material
displayed on or that can be downloaded from this Website
are protected by copyright, trademark and other laws and
may not be used except as permitted in these Terms and
Conditions or with prior written permission of the owner
of such material. The contents of this Website are
© 2009, Northstar Solutions, GP. You may not modify
the information or materials displayed on or that can be
downloaded from this Website in any way or reproduce or
publicly display, perform, or distribute or otherwise use
any such information or materials for any public or
commercial purpose. Any unauthorized use of any such
information or materials may violate copyright laws,
trademark laws, laws of privacy and publicity, and other
laws and regulations.
Trademarks.
Certain trademarks,
trade names, service marks and logos used or displayed on
this website, including Northstar Solutions, Carpal Tone,
Micro-Massage, Iso, The All Natural Wrist Health
Solution, are registered and unregistered trademarks,
trade names and service marks of Northstar Solutions.
Nothing contained on this Website grants or should be
construed as granting any license or right to use any
trademarks, trade names, service marks or logos displayed
on this Website without the written permission of
Northstar Solutions.
Health-Related
Information. The results that you experience
from using our products, if any, may vary depending upon
many factors, including how and how often you use the
products and your initial health and fitness
level. Accordingly, we do not guarantee any results
from purchasing or using our products. Of course,
if you are not satisfied, most of our products may be
returned for up to 30 days after purchase. You
should consult with your physician before beginning this
or any other exercise/diet regimen. You should read
carefully all product instructions prior to
use.
Products
and Specifications. Although we try to ensure that the
information on the Website is accurate, sometimes
information on the Website may contain typographical
errors or other inaccuracies, or may be incomplete or
out-of-date. All features, content, specifications,
products and prices of products described or listed on
our Website, are subject to correction or change at any
time without notice. Of course, if you are not
completely satisfied, you may return most of our products
for any reason within 30 days of the purchase date.
Videos, Video Clips, Video cassettes and DVDs are offered
only for your private, non-commercial home use and may
not be duplicated.
Shipping
Limitations. All purchases from this Website
are made pursuant to a shipment contract and risk of loss
and title for items purchased from this Website pass to
you when we deliver the products to the carrier. You are
responsible for filing any claims with carriers for
damaged and/or lost shipments.
Orders
. While it is our practice
to confirm orders by email, our email order confirmation
does not constitute our acceptance of an order. We
reserve the right to limit the order quantity on any
product or service and/or to refuse service to any
customer without prior notice. We may require
verification of information prior to the acceptance
and/or shipment of any order.
Third
Party Links. This Website may contain links to
websites that we do not own, control or operate. We
provide these links solely as a convenience to you. If
you follow these links, you will leave this Website. We
are not responsible for any content, materials or other
information located on or accessible from any other
website. We do not endorse, guarantee, or make any
representations or warranties regarding any other
websites, or any content, materials or other information
located or accessible from any other websites. If you
decide to access any other websites linked to or from
this website, you do so entirely at your own
risk.
DISCLAIMERS.
YOUR USE OF THIS SITE
IS AT YOUR RISK. THE INFORMATION, MATERIALS, PRODUCTS AND
SERVICES PROVIDED ON OR THROUGH THIS WEBSITE ARE PROVIDED
"AS IS" WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL
PROPERTY. NORTHSTAR SOLUTIONS DOES NOT WARRANT
THE ACCURACY OR COMPLETENESS OF THE INFORMATION,
MATERIALS OR SERVICES PROVIDED ON OR THROUGH THIS
WEBSITE. THE INFORMATION, MATERIALS AND SERVICES PROVIDED
ON OR THROUGH THIS WEBSITE MAY BE OUT OF DATE, AND
NORTHSTAR SOLUTIONS MAKES NO COMMITMENT NOR ASSUMES ANY
DUTY TO UPDATE SUCH INFORMATION, MATERIALS OR SERVICES.
THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT
APPLY TO THE EXTENT PROHIBITED BY LAW. PRODUCTS AND
SERVICES PURCHASED ON OR THROUGH THIS WEBSITE ARE SUBJECT
ONLY TO ANY APPLICABLE WARRANTIES OF NORTHSTAR SOLUTIONS
OR THEIR RESPECTIVE MANUFACTURERS, DISTRIBUTORS AND
SUPPLIERS, IF ANY.
Limitations
of Liability. Northstar Solutions assumes no
responsibility, nor will Northstar Solutions be liable,
for any damages to, or any viruses that may infect, your
computer, telecommunication equipment, or other property
caused by or arising from your access to, use of, or
browsing this website, or your downloading of any
information or materials from this Website. IN NO EVENT
WILL NORTHSTAR SOLUTIONS, OR ANY OF ITS OFFICERS,
DIRECTORS, EMPLOYEES, SHAREHOLDERS, MEMBERS, AFFILIATES,
AGENTS, SUCCESSORS OR ASSIGNS, NOR ANY PARTY INVOLVED IN
THE CREATION, PRODUCTION OR TRANSMISSION OF THIS WEBSITE,
BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DIRECT, INDIRECT,
SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES
(INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST
PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT
OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF
THIS WEBSITE, ANY WEBSITES LINKED TO THIS WEBSITE, OR THE
MATERIALS, INFORMATION OR SERVICES CONTAINED ON ANY OR
ALL SUCH WEBSITES, WHETHER BASED ON WARRANTY, CONTRACT,
TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING
LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT
PROHIBITED BY LAW. IN THE EVENT OF ANY PROBLEM WITH
THIS WEBSITE OR ANY CONTENT, YOU AGREE THAT YOUR SOLE
REMEDY IS TO CEASE USING THIS WEBSITE. IN THE EVENT OF
ANY PROBLEM WITH THE PRODUCTS OR SERVICES THAT YOU HAVE
PURCHASED ON OR THROUGH THIS WEBSITE, YOU AGREE THAT YOUR
SOLE REMEDY, IF ANY, IS TO SEEK A RETURN AND REFUND FOR
SUCH PRODUCT OR SERVICES IN ACCORDANCE WITH THE PRODUCT
WARRANTY AND RETURNS AND REFUNDS POLICIES POSTED ON THIS
WEBSITE.
Indemnity.
You agree to
indemnify and hold Northstar Solutions, and our
affiliates, licensors, subsidiaries, officers, directors,
members, agents, employees, successors and assigns,
harmless from any claim, loss or demand, including
reasonable attorneys’ fees, made by any third party due
to or arising out of your use of our Website, your
connection to our Website, your violation of these Terms
and Conditions, or your violation of any rights of
another party. This indemnity survives termination of
these Terms and Conditions.
Domestic
Use; Export Restriction. We control the Website from our
offices within the United States of America. We make no
representation that the Website or its content
(including, without limitation, any products or services
available on or through the Website) are appropriate or
available for use in other locations. Users who access
the Website from outside the United States of America do
so on their own initiative and must bear all
responsibility for compliance with local laws, if
applicable. Further, the United States export control
laws prohibit the export of certain technical data and
software to certain territories. No content from the
Website may be downloaded in violation of United States
law.
Unsolicited
Ideas. Neither Northstar Solutions
nor its employees accepts or considers unsolicited ideas,
including ideas for new or improved products, product
enhancements, processes, materials or other ideas. This
policy is intended to avoid misunderstandings or disputes
that could arise if Northstar Solutions’s products or
marketing efforts appear similar to unsolicited ideas
submitted to us. If you submit your ideas to us
anyway, then you agree that your ideas will automatically
become the property of Northstar Solutions, without
compensation to you and Northstar Solutions can use the
ideas for any purpose and in any way and may even give or
sell the idea to someone else. These terms apply
even if you include other terms or conditions along with
your ideas.
Changes
and Updates. We reserve the right, at our sole
discretion, to change, modify, add or remove portions of
these Terms of Use, at any time. It is your
responsibility to check these Terms of Use periodically
for changes. Your continued use of the Website following
the posting of changes means that you accept and agree to
the changes.
Governing
Law; Dispute
Resolution. You
agree that all matters relating to your access to or use
of the Website, including all disputes, will be governed
by the laws of the United States and by the laws of the
State of California without regard to its conflicts of
laws provisions. You agree to the personal jurisdiction
by and venue in the state and federal courts
in California, and waive any objection to such
jurisdiction or venue. Any claim under these Terms of Use
must be brought within one (1) year after the cause of
action arises, or such claim or cause of action is
barred. No recovery may be sought or received for damages
other than out-of-pocket expenses, except that the
prevailing party will be entitled to costs and attorneys’
fees. In the event of any controversy or dispute between
Northstar Solutions and you arising out of or in
connection with your use of the Website, the parties
shall attempt, promptly and in good faith, to resolve any
such dispute. If we are unable to resolve any such
dispute within a reasonable time (not to exceed thirty
(30) days), then either party may submit such controversy
or dispute to mediation. If the dispute cannot be
resolved through mediation, then the parties shall be
free to pursue any right or remedy available to them
under applicable law.
Additional
Assistance. If you do not understand any of
the foregoing Terms and Conditions or if you have any
questions or comments, we invite you to contact
us.
These Terms and
Conditions were last updated on November 1,
2008.
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