Ultra Wound Care LLC Terms of Access
Welcome to the DermaHug website (www.dermahug.net) and mobile application owned and operated by Ultra Wound Care (“we” or “us”). The website and mobile application, together with the content, services, and functionality offered on or through the website and mobile application, are collectively referred to as the “Ultra Wound Care Property” in these Terms of Access. The Ultra Wound Care offers a line of wound care products to support providers and patients with their wound care needs. The purchase of products and services available through the DermaHug is subject to additional terms and conditions. You should review those terms and policies before making a purchase. These Terms of Access (including all documents, policies, conditions and notices) referenced in these Terms of Access) are collectively referred to as the “Agreement.” In this Agreement, the words “include” and “including” will not be construed as terms of limitation. The Agreement is a legally binding contract between you and Ultra Wound Care. By accessing the Ultra Wound Care Property in any way, including, without limitation, browsing the Ultra Wound Care Property, using any information contained on or in the Ultra Wound Care Property, creating a User Account (defined below), and/or submitting information to Ultra Wound Care, you agree to and are bound by this Agreement, including, but not limited to, conducting transactions electronically, disclaimers of warranties, damage and remedy exclusions and limitations, and a choice of Tennessee Law. Our collection and use of personal information in connection with your access to and use of the Ultra Wound Care Property, whether or not you are a registered user, is described in our Privacy Policy.
1. Updates to the Agreement
From time to time, Ultra Wound Care may update the Agreement. If we materially update any portion of the Agreement, we will notify you by posting a revised Agreement through the mobile app or a notice on our website before the date the update becomes effective. We will also post the updated Agreement in its original location marked with the new date. Changes will not be retroactive. If you object to any changes, you should not access or use the Ultra Wound Care Property. Your continued access or use of the Ultra Wound Care Property after we publish our changes to the Agreement means that you are consenting to the updated terms.
By accessing or linking to the Ultra Wound Care Property, you assume the risk that the information on the Ultra Wound Care Property may be incomplete, inaccurate, or out of date, or may not meet your needs and requirements. Ultra Wound Care may add, change, discontinue, remove or suspend any of the information, features and other content included in the Ultra Wound Care Property at any time, without notice and without liability. Due to the open nature of the Ultra Wound Care Property, and the potential for errors in the storage and transmission of digital information, Ultra Wound Care does not warrant the accuracy of information contained on or obtained from the Ultra Wound Care Property.
2. Ultra Wound Care Property
A. Your Right to Use Ultra Wound Care Property
Ultra Wound Care grants you a limited, non-exclusive, non-transferable, non-assignable, non-sublicensable, fully revocable license to access and make use of the Ultra Wound Care Property solely for legitimate non-commercial, business purposes, and as permitted by the features and functionalities of the Ultra Wound Care Property, subject to this Agreement. Any access or attempt to access other areas of Ultra Wound Care Property or any Ultra Wound Care systems or other information contained on Ultra Wound Care Property or Ultra Wound Care systems for any other purposes is strictly prohibited. You will not (i) remove or modify any copyright, trademark or other proprietary rights notice that appears on any portion of the Ultra Wound Care Property, or on any materials printed or copied from the Ultra Wound Care Property; or (ii) dilute, tarnish or otherwise harm our brand in any way, including through unauthorized use of Ultra Wound Care Property, registering and/or using Ultra Wound Care or derivative terms in domain names, trade names, trademarks or other source identifiers, or registering and/or using domains names, trade names, trademarks or other source identifiers that closely imitate or are confusingly similar to Ultra Wound Care domains, trademarks, taglines, promotional campaigns or Ultra Wound Care Content.
B. Eligibility
Any use or access to the Ultra Wound Care Property by anyone under eighteen (18) years of age is strictly prohibited and in violation of this Agreement.
C. User Accounts
In order to use certain features on the Ultra Wound Care Property you may need to register and create an account on the Ultra Wound Care Property (your “User Account”). You should not use another user’s User Account without permission. When creating your User Account, you must provide accurate and complete information, and you must keep this information up to date. You are solely responsible for the activity that occurs on your User Account, and you must keep your User Account password secure. You must notify Ultra Wound Care immediately of any breach of security or unauthorized use of your User Account. Ultra Wound Care will not be liable for any losses caused by any unauthorized use of your User Account. By providing Ultra Wound Care your email address you consent to our using the email address to send you service-related notices relating to the Ultra Wound Care Property, including any notices required by law or regarding updates to the Agreement, in lieu of communication by postal mail. If you do not want to receive such email messages, you may opt out or change your preferences by using the email preferences link included on all Ultra Wound Care emails.
D. Availability of Ultra Wound Care Property
Due to the nature of the Internet, we cannot guarantee the continuous and uninterrupted availability of any portion of the Ultra Wound Care Property and are not responsible for outages or disruptions of the Internet and telecommunications infrastructure which are beyond our control. We may temporarily restrict the availability of the Ultra Wound Care Property or certain areas or features thereof with or without notice. We may from time-to-time change, discontinue, enhance and modify the Ultra Wound Care Property and introduce new features or functionality from time to time. You agree that you do not have any rights in the Ultra Wound Care Property and that Ultra Wound Care will have no liability to you if the Ultra Wound Care Property is discontinued or your ability to access the Ultra Wound Care Property or any content you may have posted on the Ultra Wound Care Property is terminated.
E. Hypertext Links
The Ultra Wound Care Property may be linked to other sites that are not maintained by Ultra Wound Care. Ultra Wound Care is not responsible for the content of or privacy or other policies governing those sites. The inclusion of any link to such sites does not imply endorsement, sponsorship, or recommendation by Ultra Wound Care of the linked sites. Ultra Wound Care disclaims any and all liability for links: (i) from another site to the Ultra Wound Care Property, and (ii) to another site from the Ultra Wound Care Property.
F. Chat functionality
Ultra Wound Care may make available certain messaging features through the Ultra Wound Care Property that allow you to message and share content with a customer service representative in real time (the “Messaging Service“). In addition to any other requirements in the Agreement, when using the Messaging Service, you must ensure that any messages, images or other content that you upload to the Messaging Service do not contain the following items (i) threaten or abuse any customer service representative through the Messaging Service, or abuse or invade another person’s privacy, or cause annoyance, inconvenience or needless anxiety, or do anything through the Messaging Service that is likely to harass, upset, embarrass, alarm or annoy any other person; (ii) advocate, promote or engage in any illegal or unlawful conduct, including any criminal activity, fraud or money laundering, or conduct that causes damage or injury to any person or property; (iii) promote or advertise any goods or services or send any unsolicited marketing communications through the Messaging Service. Failure to comply with the above paragraph may result in us immediately suspending or terminating your access to the Messaging Service and/or the Ultra Wound Care Property.
G. Accessibility
Ultra Wound Care LLC is committed to accessibility for all guests. We believe everyone should be able to easily shop online at www.dermahug.com. We welcome feedback from guest experiences. If you have any questions about our accessibility features, please contact us at: 866-623-7476 or info@dermahug.net.
H. Promotions
Any sweepstakes, contests, raffles, surveys, games or similar promotions (collectively, “Promotions”) made available through the Ultra Wound Care Property may be governed by rules or terms that are separate from the Agreement. If you participate in any Promotions, please review the applicable rules or terms as well as our Privacy Policy. If the rules or terms for a promotion conflict with the Agreement, the promotion rules will govern.
3. Use of and Responsibility for Content
A. Ultra Wound Care Content
Content on the Ultra Wound Care Property that is provided by Ultra Wound Care or its licensors, including software, graphics, photographs, images, screen shots, text, digitally downloadable files, trademarks, logos, product, service and program names, slogans, and the compilation of the foregoing (“Ultra Wound Care Content”) is the property of Ultra Wound Care or its licensors, and is protected in the U.S. and internationally under trademark, copyright, and other intellectual property laws. Except as explicitly provided herein, nothing in the Agreement shall be deemed to create a license in or under any such intellectual property rights, and you agree not to sell, license download, screenshot, rent, modify, distribute, copy, reproduce, transmit, display to third parties, publicly perform, publish, adapt, edit or create derivative works from any Ultra Wound Care Content.
B. Uploading Images, Reviews and other Content
From time to time on certain areas of the Ultra Wound Care Property you may be able to submit or transmit to, though, or in connection with the Ultra Wound Care Property any information (including personal information), text, links, graphics, photos, images, audio, videos, and all other forms of data or communication (“User Content”). By submitting or otherwise transmitting any User Content on or through the Ultra Wound Care Property, you hereby grant to Ultra Wound Care a limited, non-exclusive, sub-licensable, worldwide, fully-paid, royalty free license to use, modify, publicly perform, publicly display, reproduce, and distribute such User Content in any and all media now known or hereinafter developed without the requirement to make payment to you or to any third party or the need to seek any third-party permission. This license includes the right to host, index, cache, distribute, and tag any User Content, as well as the right to sublicense User Content to third parties (including other users), for use with marketing or on other media or platforms known or hereinafter developed.
C. Third-Party Technology, Websites and Applications
The Ultra Wound Care Property may include third-party technology, services, software, applications, and links to third-party websites (“Technology”). Ultra Wound Care is not responsible for the practices or policies of such third parties, nor the content of any third-party website or application, and does not make any representation regarding third-party product or Technology, or content or accuracy of any material on such websites or applications. If you decide to use any such third-party website or application, you do so at your own risk.
4. ACCEPTABLE USE OF THE ULTRA WOUND CARE PROPERTY
Your permission to use the Ultra Wound Care Property is contingent on your compliance with all applicable laws, in addition to the following rules:
A. Harm to Others.
You will not engage in any activity that, in our sole judgment, restricts or inhibits any other person from using or enjoying any aspect of the Ultra Wound Care Property or exposes or may expose any users or visitors to the Ultra Wound Care Property to any harm or liability of any sort, whether by posting User Content or otherwise, including by (i) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity, or disguising the origin of any posting that you submit; (ii) threatening, stalking, harming, or harassing others, or promoting bigotry or discrimination; (iii) discriminating against or harassing anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation; (iv) engaging in any unlawful, tortious, threatening, defamatory, libelous, obscene, violent, harmful, abusive or disruptive behavior; or (v) violating, infringing or invading anyone else’s rights, including posting any User Content that contains personal information about any individual, violates the privacy/publicity of any other individual or entity, or anything that you are under a contractual obligation to keep private or confidential.
B. Unauthorized Use of Ultra Wound Care Content
You will not download, display, or use any Ultra Wound Care Content: (i) for use in any publications, in public performances, or on websites or applications other than the Ultra Wound Care Property; (ii) for any unpermitted commercial purpose; (iii) in connection with products or services that are not those of Ultra Wound Care ; or (iv) in any other manner that is likely to cause confusion, that disparages or discredits Ultra Wound Care and/or its licensors, or that dilutes the strength of Ultra Wound Care ’s or its licensor’s intellectual property, or that otherwise violates, infringes or misappropriates Ultra Wound Care ’s or its licensors’ intellectual property rights or proprietary rights or constitutes any other misuse of Ultra Wound Care Content. Use of the Ultra Wound Care Content for any purpose not expressly permitted by the Agreement is strictly prohibited.
C. Harm to Our Systems, Property and Security
When using the Ultra Wound Care Property, you will not: (i) use any electronic communication feature of the Ultra Wound Care Property for any purpose that is unlawful, tortious, abusive, intrusive on another’s privacy, harassing, libelous, defamatory, embarrassing, obscene, threatening, or hateful; (ii) retrieve, index, scrape, data mine or otherwise gather any Ultra Wound Care Content, Ultra Wound Care Property, or other data, content, or materials (including through use of any robot, spider, screen scraping, web harvesting, data extraction, or similar software or technologies. (iii) reproduce or circumvent the navigational structure or presentation of Ultra Wound Care Content or Ultra Wound Care Property; (iv) upload, post, reproduce, or distribute any information, software, content or other material protected by copyright or any other intellectual property right (as well as rights of publicity and privacy) without first obtaining the permission of the owner of such rights; (v) collect or store personal information about other users; (vi) use the Ultra Wound Care Property for any commercial transactions that are unrelated to the purposes for which the Ultra Wound Care Property was provided; (vii) upload, post, email, or otherwise transmit any advertising or promotional materials, spam or any other form of solicitation or unauthorized communication, either directly through the Ultra Wound Care Property (including through its interactive features) or to users through communication channels outside of the Ultra Wound Care Property, or otherwise contact another user through the Ultra Wound Care Property or unsolicited outside of the
5. Ownership
A. Intellectual Property Rights
Subject to the licenses granted in this Agreement, you retain ownership of any copyright and other rights you have in User Content, except that you irrevocably waive, and cause to be waived, against Ultra Wound Care, our affiliates and other users, any claims and assertions of moral rights or attribution with respect to User Content. As between you and Ultra Wound Care , we (or our licensors) own the Ultra Wound Care Property, and the copyrights, trademarks, service marks, trade names, trade secrets, and other intellectual and proprietary rights throughout the world associated with Ultra Wound Care and the Ultra Wound Care Property, which are protected by copyright, trade dress, patent, trademark, and trade secret laws and all other applicable intellectual and proprietary rights and laws. Except as expressly provided in the Agreement, we do not grant you any express or implied rights in the Ultra Wound Care Property.
B. Trademarks
Trademarks, trade names, product names and logos (the “Trademarks”) contained in or used by the Ultra Wound Care Property or third-party Technology are the trademarks or registered trademarks of their respective owners, and the use of such Trademarks shall insure to the benefit of the trademark owner.
C. Feedback
We welcome and encourage Feedback. By submitting Feedback to us, you grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide, assignable, sublicensable, transferable license to use, modify, prepare derivative works of, publish, distribute, and sublicense the Feedback, and you irrevocably waive, and cause to be waived, against us or our users any claims and assertions of any moral rights contained in such Feedback. “Feedback” includes concepts, ideas, feedback, materials, proposals, suggestions and the like relating to Ultra Wound Care, the Ultra Wound Care Property or Ultra Wound Care ’s initiatives.
6. Termination
Ultra Wound Care may terminate or suspend your User Account and delete all User Content associated with your User Account at any time, and without notice, if Ultra Wound Care deems that you have violated this Agreement, the law, or for any other reason. In such an event, you may not register a new User Account or access and use the Ultra Wound Care Property through a User Account of another user.
7. Indemnification
You agree to indemnify, defend and hold Ultra Wound Care , its parents, affiliates, subsidiaries, officers, employees, and subcontractors, and each of their officers, employees and agents, harmless from any claims, damages and expenses, including reasonable attorneys’ fees and costs, related to your violation of the Terms or which arises from the use of User Content you submitted, posted, or otherwise provided to Ultra Wound Care or the Ultra Wound Care Property.
8. REPRESENTATIONS AND LIMITATIONS OF LIABILITY
PLEASE READ THIS SECTION CAREFULLY, AS THIS SECTION LIMITS ULTRA WOUND CARE’S LIABILITY TO YOU FOR ISSUES THAT MAY ARISE IN CONNECTION WITH YOUR USE OF THE ULTRA WOUND CARE PROPERTY, THE ULTRA WOUND CARE CONTENT, USER CONTENT, OR ANY OTHER ULTRA WOUND CARE PROPERTY FEATURE OR FUNCTION. IF YOU DO NOT UNDERSTAND THE TERMS IN THIS SECTION OR ELSEWHERE IN THIS AGREEMENT, PLEASE CONSULT A LAWYER FOR CLARIFICATION BEFORE ACCESSING OR USING THE ULTRA WOUND CARE PROPERTY. EACH OF THE SUBSECTIONS BELOW ONLY APPLIES UP TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. NOTHING HEREIN IS INTENDED TO LIMIT ANY RIGHTS YOU MAY HAVE WHICH MAY NOT BE LAWFULLY LIMITED.
ULTRA WOUND CARE MAKES NO REPRESENTATIONS ABOUT THE RELIABILITY OF THE FEATURES OR FUNCTIONS OF THE ULTRA WOUND CARE PROPERTY, THE ULTRA WOUND CARE CONTENT, USER CONTENT, OR ANY OTHER ULTRA WOUND CARE PROPERTY FEATURE OR FUNCTION, AND DISCLAIMS ALL LIABILITY IN THE EVENT OF ANY SERVICE FAILURE. YOU ACKNOWLEDGE THAT ANY RELIANCE ON SUCH MATERIAL OR SYSTEMS WILL BE AT YOUR OWN RISK. ULTRA WOUND CARE MAKES NO REPRESENTATIONS REGARDING THE AMOUNT OF TIME THAT ANY CONTENT OR USER CONTENT WILL BE PRESERVED. ULTRA WOUND CARE DOES NOT ENDORSE, VERIFY, EVALUATE OR GUARANTEE ANY INFORMATION PROVIDED BY USERS AND NOTHING SHALL BE CONSIDERED AS AN ENDORSEMENT, VERIFICATION OR GUARANTEE OF ANY USER CONTENT. YOU ACKNOWLEDGE AND AGREE THAT ANY USE OR RELIANCE ON ANY USER CONTENT WILL BE AT YOUR OWN RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY SUCH USE OR RELIANCE. YOU SHALL NOT CREATE OR DISTRIBUTE INFORMATION, INCLUDING BUT NOT LIMITED TO ADVERTISEMENTS, PRESS RELEASES OR OTHER MARKETING MATERIALS, OR INCLUDE LINKS TO ANY SITES WHICH CONTAIN OR SUGGEST AN ENDORSEMENT BY ULTRA WOUND CARE WITHOUT THE PRIOR REVIEW AND WRITTEN APPROVAL OF ULTRA WOUND CARE . YOU ARE RESPONSIBLE FOR ENSURING THAT ALL PRODUCTS YOU FIND THROUGH THE VISUAL SEARCH FUNCTIONALITY MEET YOUR REQUIREMENTS, AND WE WILL NOT BE RESPONSIBLE TO YOU FOR ANY LOSSES YOU OR SOMEONE ELSE WHO MIGHT SUFFER AS A RESULT OF YOUR USE OF THE VISUAL SEARCH FUNCTIONALITY, INCLUDING IF YOU BUY ANY PRODUCTS FOUND THROUGH THE VISUAL SEARCH FUNCTIONALITY THAT ARE MISMATCHED, MISDESCRIBED OR UNSUITABLE FOR YOUR NEEDS.
THE ULTRA WOUND CARE PROPERTY IS PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS. NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THOSE OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE, ACCURACY OR FITNESS FOR A PARTICULAR PURPOSE, ARE MADE WITH RESPECT TO THE ULTRA WOUND CARE PROPERTY OR ANY INFORMATION OR TECHNOLOGY THEREIN. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL ULTRA WOUND CARE OR ITS LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE ULTRA WOUND CARE PROPERTY, NOR SHALL ULTRA WOUND CARE OR ITS LICENSORS BE RESPONSIBLE FOR ANY DAMAGES WHATSOEVER THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE WHETHER OR NOT CAUSED BY EVENTS BEYOND ULTRA WOUND CARE ’S OR ITS LICENSORS’ REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO THE ULTRA WOUND CARE PROPERTY’S RECORDS, PROGRAMS, OR SERVICES. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO A NEGLIGENT ACT, WILL GRAINGNER, ITS AFFILIATES, AGENTS, OR LICENSORS BE LIABLE FOR ANY DAMAGE OF ANY KIND THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THE SITE, WHETHER OR NOT A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; AS A RESULT, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND OTHER RIGHTS MAY BE AVAILABLE.
9. Cross Reference Information
Product cross-reference comparisons or product alternatives that are presented do not imply that all products compared are available or perfectly comparable. CROSS-REFERENCED PRODUCTS ARE NOT REPRESENTED OR WARRANTED AS FUNCTIONAL OR PERFORMANCE EQUIVALENTS. Review all cross-referenced product specifications or product alternative specifications prior to purchase and use to determine suitability of the product for your intended use.
10. Privacy and Security
On certain areas of the Ultra Wound Care Property, you may be given the ability to provide Ultra Wound Care with business or personal information. Any business or personal information you have provided, may provide, or that may be collected by us in connection with your use of the Ultra Wound Care Property will be collected, maintained and used in accordance with this Agreement, our privacy policy located here (“Privacy Policy“), any additional terms applicable to an individual product, service or promotion. Please read the Ultra Wound Care Privacy Policy for more information about Ultra Wound Care ’s information collection and use practices, which policy applies to information collected on the Ultra Wound Care Property and your use of the Ultra Wound Care Property is subject to that policy.
11. Additional Terms for Mobile Applications – General
We may make available software to access the Ultra Wound Care Property via a mobile device (“Mobile Applications”). To use any Mobile Applications, you must have a mobile device that is compatible with the Mobile Applications. Ultra Wound Care does not warrant that the Mobile Applications will be compatible with your mobile device. You may use mobile data in connection with the Mobile Applications and may incur additional charges from your wireless provider for these services. You agree that you are solely responsible for any such charges.
Ultra Wound Care hereby grants you a non-exclusive, non-transferable, revocable license to use a compiled code copy of the Mobile Applications for one User Account on one mobile device owned or leased solely by you, for your personal use. You may not: (i) modify, disassemble, decompile or reverse engineer the Mobile Applications, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Mobile Applications to any third party or use the Mobile Applications to provide time sharing or similar services for any third party; (iii) make any copies of the Mobile Applications; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Mobile Applications, features that prevent or restrict use or copying of any content accessible through the Mobile Applications, or features that enforce limitations on use of the Mobile Applications; or (v) delete the copyright and other proprietary rights notices on the Mobile Applications.
You acknowledge that we may from time-to-time issue upgraded versions of the Mobile Applications, and may automatically electronically upgrade the version of the Mobile Applications that you are using on your mobile device. You consent to such automatic upgrading on your mobile device and agree that the terms and conditions of this Agreement will apply to all such upgrades. Any third-party code that may be incorporated in the Mobile Applications is covered by the applicable open source or third-party license EULA, if any, authorizing use of such code. The foregoing license grant is not a sale of Mobile Applications or any copy thereof, and Ultra Wound Care or its third-party partners or suppliers retain all right, title, and interest in the Mobile Applications (and any copy thereof). Any attempt by you to transfer any of the rights, duties, or obligations hereunder, except as expressly provided for in this Agreement, is void. Ultra Wound Care reserves all rights not expressly granted under this Agreement. and the Ultra Wound Care Property.
12. Mobile Applications from Apple App Store.
The following applies to any Mobile Applications you acquire from the Apple App Store (“Apple-Sourced Software”): You acknowledge and agree that this Agreement is solely between you and Ultra Wound Care , not Apple, Inc. (“Apple”) and that Apple has no responsibility for the Apple-Sourced Software or content thereof. Your use of the Apple-Sourced Software must comply with the App Store Terms of Service. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Apple-Sourced Software. In the event of any failure of the Apple-Sourced Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Apple-Sourced Software to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple-Sourced Software, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by this Agreement and any law applicable to Ultra Wound Care as provider of the software.
13. Information and Complaints
If you have a question or complaint regarding the Ultra Wound Care Property, please send an e-mail to info@dermahug.net. You may also contact Ultra Wound Care by phone or mail at the contact information provided on the Ultra Wound Care Property. Please note that e-mail communications will not necessarily be secure; accordingly you should not include credit card information or other sensitive information, including sensitive personal information or health information, in your e-mail correspondence with Ultra Wound Care. California residents may reach 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, or by telephone at (916) 445-1254 or (800) 952-5210.
14. Miscellaneous
The Agreement will be governed by and construed in accordance with the laws of New York without regard to conflicts of laws principles. By using the Ultra Wound Care Property, you hereby agree that all disputes regarding the Agreement will be subject to the courts located in Westchester County, New York. Accessing materials on the Ultra Wound Care Property by certain persons in certain countries may not be lawful, and Ultra Wound Care makes no representation that materials on the Ultra Wound Care Property are appropriate or available for use in locations outside the United States. If you choose to access the Ultra Wound Care Property from outside the United States, you do so at your own risk and initiative, and are responsible for compliance with any applicable local laws.
If any provision of the Agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from the Agreement and shall not affect the validity and enforceability of any remaining provisions of this Agreement.
