Terms & Conditions
Last updated: September 23, 2021
These terms and conditions (“Terms”) are a legally binding agreement between SmartBreast Corporation (“Company”, “we”, “us”, or “our”), and you, a user of our informative website available at: www.eveclearscan.com (“you” and “Website”, respectively). When you access and use our website and Services (as defined below), these Terms will govern and apply. It is important and recommended that you take the time to read these Terms.
By accessing or using the Website or Services you acknowledge that you have read and understood these Terms. You agree to be bound and to fully comply with the Terms, you further agree to comply with all applicable laws and regulations regarding your use of the Services and you acknowledge that these Terms constitute a binding and enforceable legal electronic contract between you and us.
You further represent and warrant that: (i) you are eligible to enter into these Terms, or, where applicable, you have all proper authorization to enter into these Terms; (iii) You are not defined as a “child”, or other similar term, in your jurisdiction and specifically you are not under the age of 18.
THE WEBSITE AND SERVICE
WE EXPRESSLY DISCLAIM ALL LIABILITY IN RESPECT OF ACTIONS TAKEN OR NOT TAKEN BASED ON ANY CONTENT AVAILABLE ON THIS WEBSITE, WHICH ARE AT YOUR SOLE RESPONSIBILITY AND RISK.
REPRESENTATION, WARRANTIES & RESTRICTION OF USE
You hereby represent and warrant the following: (i) you will comply with all applicable federal, state and local laws, regulations, administrative guidelines, orders and ordinances, and the terms and conditions of every applicable third party; (ii) you shall not, nor agree to, authorize or encourage any third party to: (1) use the Services in non-compliant, unlawful, illegal, fraudulent or inappropriate manner; (2) circumvent, disable or otherwise interfere with security-related features of the Website and Service or prevent others from using the Services; (3) modify, create a derivative work of, reverse engineer, disassemble the Service; (4) remove, deface, obscure, or alter the Website and Services or any Content therein including any copyright notices, trademarks, or other proprietary rights provided as part of the Service; (5) use the Website and Services for benchmarking purposes; (6) use the Services to promote, conduct, or contribute to fraudulent, illegal or otherwise inappropriate activities, including without limitation, deceptive impersonation; (7) assert any proprietary rights in or to the Content nor remove, obscure or alter any notices of proprietary rights or disclaimers appearing in or on the Website and Content; (8) sublicense, resell, rent, lease, assign, transfer any right, share or otherwise commercially exploit or make the Services or the Content; (9) use, access or attempt to access the Services with any automated means (including robots, scrapers, etc.); (10) use Company’s name, logo or trademarks without Company’s prior written consent; (11) otherwise use the Website, Services or the Content in any unlawful manner, in a breach of third parties’ rights or our rights, including intellectual property rights and privacy rights, or in breach of these Terms;
The Company owns the Service and Content, including but not limited to, any trade names, trademarks etc. Except as explicitly provided herein, no license, right, title or interest to the Service and/or Content shall be licensed to you, and we and/or our partners reserve any and all rights, title and ownership of the Service, Content and Website. You shall not use Company’s copyrights, trademarks, trade names, or other Intellectual Property in any way except to the limited extent as may be expressly agreed in these Terms.
DISCLAIMER OF WARRANTIES
SmartBreast Corporation is not a medical organization and this Website is not designed to provide diagnosis or medical advice. The content and the medical information are provided for general information, education, and as an overview of intended use of our product and should not be regarded as medical advice, a diagnosis or substitute for professional advice. Except as provided herein, the Website and Services are provided on an "as is" and "as available" basis without warranties of any kind, express or implied, including, without limitation, representations, warranties and conditions of merchantability, fitness for a particular purpose, title, non-infringement, and those arising by statute or from a course of dealing or usage of trade, marketability, suitability, incompleteness, applicability or relevance of the Content. You agree that Company will not be held responsible for any decision made or action taken or not taken in reliance on the Content nor do we assume any responsibility for any loss, injury or damages incurred as a result or in connection with such actions. We make no representation or warranties that the Services and Content are or will be available for use in any particular location or at specific time. Except as expressly stated herein, the Company does not make any representations, warranties or conditions of any kind, express or implied, as to the security of any information you may provide or activities you engage in during the course of your use of the Services. Your use of the Services is at your own risk and responsibility. Applicable law may not allow the exclusion of certain warranties, so to that extent certain exclusions set forth herein may not apply.
LIMITATION OF LIABILITIES
YOU ACKNOWLEDGE AND AGREE THAT TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY (INCLUDING, WITHOUT LIMITATION, ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, COLLECTIVELY: “COMPANY GROUP”), AS WELL AS ITS VENDORS, DISTRIBUTORS, THIRD PARTY LICENSORS, SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES OR DAMAGES FOR LOST PROFITS, INTERRUPTION, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, DEVICE FAILURE, OR MALFUNCTION, OR DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE WEBSITE OR SERVICES EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, WE WILL NOT BE LIABLE OR RESPONSIBLE FOR ANY FAILURE TO PERFORM, OR DELAY IN PERFORMANCE OF, ANY OF OUR OBLIGATIONS HEREIN THAT IS CAUSED BY AN EVENT OUTSIDE OUR CONTROL (WHICH MEANS ANY ACT OR EVENT BEYOND OUR REASONABLE CONTROL). IN NO EVENT SHALL THE COMPANY’S GROUP AGGREGATE LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATED TO THESE TERMS AND THE SERVICES EXCEED $500 (US DOLLARS).
You agree to defend, indemnify and hold harmless the Company and its affiliates, and respective officers, directors, employees and agents from any third party claims, damages, liabilities and expenses (including reasonable attorney’s fees) arising from (i) your use of the Services that does not comply with these Terms including negligence and wrongful act; (ii) abusing or infringing third party rights through the Services; and (iii) your breach of any applicable law, regulation and policies. This indemnification obligation will survive the termination or expiration of these Terms and the termination of your use of the Services.
These Terms shall be governed by and construed in accordance with the laws of the State of California, USA. You hereby agree to resolve any dispute you have exclusively with the competent court in California, USA. Any cause of action you might have relating to the service is limited in time to one (1) year from the arising incident, and will be permanently barred afterwards.
These Terms constitute the entire understanding between the parties with respect to the use of the Services. If any provision of these Terms is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable and such decision shall not affect the enforceability of such provision under other circumstances, or of the remaining provisions hereof under all circumstances. Failure of the Company to enforce any rights or to take action against you in the event of any breach hereunder shall not be deemed as a waiver of such rights or of subsequent actions in the event of future breaches. You may not assign these Terms and any right granted herein, without the prior written consent of the Company. The Company may assign its rights and obligations set forth herein at any time, at its sole discretion. Your relationship with the Company is that of an independent contractor, and nothing in these Terms is intended to, or should be construed to create a partnership, agency, joint venture or employment relationship.
We reserve the right to periodically amend or revise the Terms at our sole discretion; such changes will be effective immediately upon the display of the revised Terms. The last revision date will be reflected in the "Last Updated" above. Your continued use of the Services following such amendments constitutes your acknowledgement and consent of such amendments to the Terms and your agreement to be bound by them. In the event of a material changes, we will make best efforts to provide written notification by applicable means of communication.
If you have any questions about these Terms, please contact us at: [email protected].