solutions.asterand.com

TERMS AND CONDITIONS OF USE

Sales Agreement 

Return Policy

Privacy Policy

Asterand reserves the right to change these Terms and Conditions of Use periodically without notice to you.  You acknowledge and agree that it is your sole responsibility to review this site and these Terms and Conditions of Use and to be aware of any changes. If you continue to use this site after changes have been made to these Terms and Conditions of Use, you agree that this indicates your agreement to be bound by the modified Terms and Conditions of Use. 

2. Features of the Site

Asterand makes several features available on www.asterand.com.  Asterand may periodically change the features on this website, with or without notice to you.  You acknowledge that we will not be liable to you or any other third party should we exercise this right. 

You agree that the features available on www.asterand.com are provided “AS IS” and that Asterand will not guarantee the timeliness, merchantability or fitness of the features for a particular purpose, nor will Asterand be liable for any deletion, mis-delivery or failure to store user communications or other settings. 

3. Privacy  

4. Conduct On Website 

This website and your use of this website are subject to all applicable laws and regulations.  You are solely responsible for your communications through www.asterand.com. By using or accessing this website, you agree to all of the following prohibitions regarding conduct.

Asterand also strictly prohibits you from uploading, sharing, posting or otherwise distributing or facilitating distribution of any content, including messages, software, images, audio, data or any other information, content or features that harasses or intimidates any individual or group of individuals on the basis of their membership in a class of people protected by law, including on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability. 

Asterand also strictly prohibits your use of this website to engage in unauthorized or unsolicited advertising, junk or bulk e-mail communications, chain letters, lotteries or gambling or any other related form of solicitation.

In addition, you may not use this website to breach security of any other account or attempt to gain unauthorized access to another’s network or server.  Asterand strictly prohibits the use of this website to transmit software viruses, computer code, files or programs intended to disrupt, damage or diminish functionality of this website, its features, software, hardware, or other equipment or to damage or obtain unauthorized access to any data or other information of any third party or Asterand. 

5. Third Party Website Access

You may be able to access third party websites via www.asterand.com.  In addition, www.asterand.com may contain information, documents, software, materials or services provided by parties other than Asterand.  You acknowledge that we are not responsible for the accuracy, copyright or trademark compliance, legality, decency, or any other aspect of the content of such third party websites, nor are we responsible for errors or omissions in any references to other parties and their products or services. 

6. Health Information

www.asterand.com may contain medical, clinical or research information about various diseases.  This content is used to describe our services only, and is not medical advice.  You agree that Asterand shall not be liable for any reliance by you or any third party upon the medical, clinical or research information provided by www.asterand.com.

7. Intellectual Property of Asterand

www.asterand.com may contain text, visual aids, photographs, graphic representations, audio content and other information.  You agree that all of the content of www.asterand.com is protected by Asterand as its proprietary information and may be subject to copyright, trademark, service mark, patent, trade secret or other laws, and is the sole property of Asterand.  You may not copy, reproduce, modify, republish, upload, post, transmit, or distribute any content of www.asterand.com in any form or by any means without the prior written permission of Asterand.  Unauthorized use of the content of www.asterand.com may subject you to criminal or civil liability. Notwithstanding the foregoing, you may produce limited copies of the contents of this website for personal, non-commercial reference, provided all notices regarding the proprietary nature of the content is retained.

8. Information Provided by Website Users 

9. Disclaimer of Warranties.

Materials, services and features of www.asterand.com are provided by Asterand without any warranty, either express or implied, including without limitation, the following:

1.  Asterand makes no warranty of non-infringement

2.  Asterand makes no warranty of fitness for a particular purpose

3.  Asterand makes no warranty of merchantability

4.  Asterand makes no warranty of continuous, secure or error free service

5.  Asterand makes no warranty of timely, accurate or reliable services or features

6.  Asterand makes no warranty regarding the reliability or accuracy of any opinion, advice or statements made by 

     any third party

 

All purchases of products or services through www.asterand.com are subject to our Sales Agreement and Return Policy ( http://solutions.asterand.com/Articles.asp?ID=27) which are hereby incorporated by reference into these Terms and Conditions of Use.

11. Limitation of Liability

To the extent permitted by law, in no event shall Asterand or its affiliates be liable to you or any third party for any special, punitive, incidental, indirect, special or consequential damages of any kind, including without limitation, those resulting from loss of use, lost profits, lost information, lost time or revenue, regardless of whether Asterand had been previously advised of the possibility of such damages, regardless of whether such claim for damages arises out of contract, tort, criminal or any other theory of liability, arising out of or in any way related to the use of www.asterand.comor of any website which may be accessed via www.asterand.com, including any claims arising out of purchases of products or services via www.asterand.com.

12. Indemnification

You agree to indemnify, defend and hold harmless Asterand and its affiliates from and against all losses, expenses, damages, costs, and reasonable attorneys’ fees resulting from any violation of these Terms and Conditions of Use.

13. Worldwide Access to Website

Asterand makes no representations or warranties that the content of www.asterand.com is appropriate or legal in locations outside of the United States.  You are personally responsible and liable for compliance with the laws of the location in which you reside.  This website and its contents are only intended to comply with the laws and regulations of the United States.  Laws governing websites can vary among countries.

These Terms and Conditions of Use, and your compliance with them, will be governed by and construed in accordance with the laws of the State of Michigan, United States of America, without any reference to the conflict of laws principles thereof. Any legal action or proceeding related to this website shall be brought exclusively in a federal or state court of competent jurisdiction in the State of Michigan.

15. Severability

In the event that one or more of the provisions contained in this Agreement is, for any reason, held to be unenforceable, invalid or illegal, such determination shall not affect the other provisions of the Agreement.  The Agreement should therefore be interpreted as though the questionable provision had never been contained in these Terms and Conditions of Use.

You may not assign any of your rights or obligations under this Agreement, in whole or in part, without Asterand’s prior written consent, and any such attempted assignment shall be void and unenforceable. 

17. Injunctive Relief

A breach of any of the promises contained in this Agreement may result in irreparable and continuing harm to a Party for which there may be no adequate remedy at law.  Each Party is therefore entitled to seek injunctive relief as well as other and further relief as may be appropriate. 

18. Waiver

No waiver by Asterand of any breach of this Agreement shall be a waiver of any preceding or succeeding breach.  No waiver by Asterand of any right under this Agreement shall be a waiver of any other right.  Asterand shall not be required to give advance notice to enforce strict adherence to all terms of this Agreement.

19. Force Majeure

No liability shall result from delay in performance or non-performance by Asterand caused by Act of God, fire, flood, government action, strike, rarity of Materials or Data or other circumstances beyond the reasonable control of Asterand.