Last Update: January 31, 2019
1. THIS IS AN AGREEMENT BETWEEN YOU AND POWDER DOCTOR
This is an agreement ("Agreement") between you and Powder Doctor. This Agreement governs your use of any web pages or website operated by Powder Doctor (each, a "Powder Doctor website," and collectively, the "Powder Doctor websites" or "Powder Doctor web pages"). Powder Doctor offers the Powder Doctor website to you conditioned on your acceptance on this Agreement without modification. Your use of the Powder Doctor websites constitutes your acceptance of this agreement.
2. POWDER DOCTOR MAY MODIFY THIS AGREEMENT
Powder Doctor reserves the right to change the terms, conditions, and notices under which it offers the Powder Doctor website, including any changes to charges associated with product and/or service purchase. You are responsible for regularly reviewing these terms, conditions and notices, and any additional terms posted on any Powder Doctor Web Pages. Your continued use of the Powder Doctor website after the effective date of such changes constitutes your acceptance of and agreement to such changes.
3. ADDITIONAL TERMS
If any terms contained in this Agreement conflict with any terms contained within the Powder Doctor website, then the terms in this Agreement supersede.
4. NO UNLAWFUL OR HARMFUL USE OF THE POWDER DOCTOR WEBSITE
You will not use the Powder Doctor website or any of the Powder Doctor Web Pages for personal gain purposes. You will not use the Powder Doctor website in any way that is unlawful, or harms Powder Doctor, its affiliates, resellers, distributors, service providers and/or suppliers, or any customer of Powder Doctor; as determined in Powder Doctor’s sole discretion. Powder Doctor may inform you about certain specific harmful uses in a code of conduct or other notices available through the Powder Doctor website, but has no obligation to do so. You may not use the Powder Doctor website in any way that breaches any code of conduct, policy or other notice applicable to the Powder Doctor website. Without limiting the generality of this section, you may not use the Powder Doctor website in any manner that could damage, disable, overburden, or impair any Powder Doctor Web Pages (or the network(s) connected to any Powder Doctor Web Pages) or interfere with any other party's use of the Powder Doctor website.
5. MATERIALS YOU PROVIDE
For materials you provide to Powder Doctor related to the Powder Doctor website and/or projects being completed by Powder Doctor, you grant Powder Doctor permission to (1) use, copy, transmit, reproduce, edit, modify, translate and reformat your information, each in connection with the Powder Doctor website and any social media accounts operated by Powder Doctor and (2) maintain these rights, to the maximum extent permitted by applicable law. Powder Doctor will not pay you for your information. Powder Doctor may remove your information from the Powder Doctor web database at any time. For any information you provide Powder Doctor, you state with the acceptance of this Agreement that you have all rights necessary to make the grants and permission to provide such information. To the maximum extent permitted by applicable law, Powder Doctor may disclose any information in the event it has a good faith reason to believe that a crime has been committed in association with credit card purchases, fraud investigations, and any police action requiring personal data retrieval from Powder Doctor. Your Agreement with these terms ensures your compliance with protecting the rights, property, and interests of Powder Doctor and any customer of Powder Doctor.
6. INFORMATION AVAILABLE FROM THE POWDER DOCTOR WEBSITE
Powder Doctor and its suppliers do not warrant or guarantee the accuracy or timeliness of any information available from the Powder Doctor website, even if such information appears in any e-mail from Powder Doctor or on the Powder Doctor website pages. Powder Doctor and its suppliers do not authorize the use of information available from the Powder Doctor website including personal data from customers for any purpose other than identification of customers, and prohibit to the maximum extent allowable the resale, redistribution, and use of this information for commercial purposes. Nothing contained in the Powder Doctor website is intended to constitute professional advice.
7. POWDER DOCTOR MAKES NO WARRANTY
Powder Doctor provides the Powder Doctor website "as is," "with all faults," and "as available," and the entire risk as to satisfactory quality, performance, accuracy, and effort is with you. To the maximum extent permitted by applicable law, Powder Doctor makes no representations, warranties or conditions, express or implied. Powder Doctor disclaims any and all warranties or conditions, express, statutory and implied, including without limitation (1) warranties or conditions of merchantability, accuracy, title, no encumbrances, no liens and non-infringement, (2) warranties or conditions arising through course of dealing or usage of trade, and (3) warranties or conditions that access to or use of the Powder Doctor website will be uninterrupted or error-free. There are no warranties that extend beyond the face of this agreement.
8. LIABILITY LIMITATION
In no event will any Powder Doctor company be liable for any damages, including without limitation any indirect, consequential, special, incidental, or punitive damages arising out of, based on, or resulting from this agreement or your use of the Powder Doctor website, even if Powder Doctor has been advised of the possibility of such damages. Limitations and exclusions apply without regard to whether the damages arise from (1) breach of contract, (2) breach of warranty, (3) negligence, or (4) any other cause of action, to the extent such exclusion and limitations are not prohibited by applicable law. If you are dissatisfied with the Powder Doctor website, you do not agree with any part of this agreement, or you have any other dispute or claim with or against Powder Doctor with respect to this Agreement or the Powder Doctor website, then your sole and exclusive remedy is to discontinue using the Powder Doctor website.
9. CHANGES TO THE POWDER DOCTOR WEBSITES; ADDITIONAL LIABILITY LIMITATION
POWDER DOCTOR MAY CHANGE THE POWDER DOCTOR WEBSITE OR DELETE FEATURES IN ANY WAY, AT ANY TIME AND FOR ANY REASON. As you use the Powder Doctor website, you should expect to receive, access or use information, materials, graphics, software, data and content (collectively, "Content") originated by Powder Doctor and persons other than Powder Doctor (any such person is referred to as a "Third Party"). You acknowledge and agree that Powder Doctor is not responsible or liable for (1) any content, including without limitation, any infringing, inaccurate, obscene, threatening, or illegal content, or (2) any third party conduct, transmissions or data. In addition, you acknowledge and agree that Powder Doctor is not responsible or liable for (1) any viruses or other disabling features that affect your access to or use of the Powder Doctor website, (2) any incompatibility between the Powder Doctor website and other websites, services, software and hardware, (3) any delays or failures you may experience in initiating, conducting or completing any transmissions or transactions in connection with the Powder Doctor website in an accurate or timely manner, or (4) any damages or costs of any type arising out of or in any way connected with your use of any services available from third parties though links contained on the Powder Doctor website. The limitations, exclusions and disclaimers in sections 7, 8 and 9 of this agreement apply to the maximum extent permitted by applicable law, and are not intended to deprive you of any mandatory protections provided to you under applicable law.
10. TERMINATION; ACCESS RESTRICTION
Powder Doctor may terminate this Agreement, or terminate or suspend your access to the Powder Doctor website at any time, with or without cause, with or without notice. Upon such termination or suspension, your right to use the Powder Doctor website will immediately cease. Upon such termination or suspension, any information you have stored on the Powder Doctor website may not be retrieved later.
11. INTERPRETING THE AGREEMENT
If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of this Agreement will continue in effect. Powder Doctor may assign this Agreement, in whole or in part, at any time with or without notice to you. You may not assign this Agreement, or assign, transfer or sublicense your rights, if any, in the Powder Doctor website. Except as expressly stated herein, this Agreement constitutes the entire agreement between you and Powder Doctor with respect to the Powder Doctor website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Powder Doctor with respect to the Powder Doctor website. The section titles in the Agreement are solely used for the convenience of the parties and have no legal or contractual significance.
12. COPYRIGHT AND TRADEMARK NOTICES; OTHER ACKNOWLEDGEMENTS
All contents of the Powder Doctor website are Copyright 2018-2019 Powder Doctor and/or its suppliers, 3250 W 72nd Avenue, Westminster, Colorado 80030 U.S.A. All rights reserved. Powder Doctor, and/or other Powder Doctor products and services referenced herein may also be either trademarks or registered trademarks of Powder Doctor or MedInfo Inc. in the United States and/or other countries. The names of actual companies and products mentioned herein may be the trademarks of their respective owners. Any rights not expressly granted herein are reserved.
13. ACCOUNT INFORMATION
Each time you enter your account login information, you are permitting Powder Doctor and its agents to process your request and use information submitted by you to accomplish the foregoing. You will choose a password when registering, please keep it secure. Powder Doctor is not responsible for lost or stolen usernames or passwords and the use of such information, without Powder Doctor notification, is the sole responsibility of the original user.