SEE THE TRAINER® MIDWEST, INC. - WEBSITE TERMS OF USE
ACCEPTANCE OF TERMS
Please read the Terms of Use carefully before accessing or using
this Site. By accessing or using this Site in any way, including
using any Services, downloading or viewing Materials or merely
browsing the Site (capitalized terms defined below), you agree to
and are bound by the terms and conditions set forth in this document
and in any changes thereto that See The Trainer Midwest, Inc., a
Nebraska corporation (.STT.) may publish from time to time
(collectively, the "Terms of Use"). If you do not agree to all of
the terms and conditions contained in the Terms of Use, do not
access or use this Site.
STT may change the Terms of Use and other guidelines and rules
posted on the Site from time to time at its sole discretion. Your
continued access or use of the Site, or any Materials or Services,
constitutes your acceptance of the changes. Your access and use of
the Site, Materials and Services will be subject to the most current
version of the Terms of Use, rules and guidelines posted on the Site
at the time of such use. Please regularly check the "Terms of Use"
link at http://www.seethetrainer.com to view the then-current terms.
If you breach any of the Terms of Use, your authorization to access
or use this Site, Services and Materials automatically terminates,
and any Materials downloaded or printed from the Site in violation
of the Terms of Use must be immediately destroyed.
THE SITE
STT makes this Website (the "Site") and the Materials and Services,
available for your access and use subject to the Terms of Use.
"Materials" means all product information, data, documents, sizing
guides, communications, common injury information, downloads, files,
text, images, photographs, graphics, videos, webcasts, publications,
content, tools and resources made available via the Site by STT.
"Services" means all services and resources offered or enabled via
the Site by STT, including prescription services and other
information services and communications.
MATERIALS, CONTENT AND SPECIFICATIONS
All Materials and Services described or depicted on this Site are
subject to change at any time without notice. Certain weights,
measures, sizing guides and similar descriptions are approximate and
are provided for convenience purposes only. STT makes all reasonable
efforts to accurately display the attributes of all Materials and
Services, including the applicable colors; however, the actual color
depicted will depend on each user.s computer system and STT cannot
guarantee that all colors will be accurately displayed. The
inclusion of any Materials or Services on this Site at a particular
time does not imply or warrant that such Materials or Services will
be available at any time. You acknowledge that additional
information regarding STT.s Materials and Services may be obtained
by contacting STT via the Site or other methods of communication.
ACCURACY OF INFORMATION
STT attempts to ensure that information on this Site is complete,
accurate and current. Despite these efforts, the information on this
Site may occasionally be inaccurate, incomplete or out of date. STT
makes no representation as to the completeness or accuracy of any
information on this Site. For example, products included on this
Site may be unavailable or may have different attributes than those
listed. Further, you hereby expressly acknowledge that all
information contained on this Site relating to common injuries and
treatments is for informational purposes only and is not meant to be
a substitute for the advice provided by your own physician or other
medical professionals, or any information contained on or in any
product packaging or labels. To the extent information provided on
this Site is inconsistent with information provided by these or
other reliable sources, such other sources shall control.
INTELLECTUAL PROPERTY; TRADEMARK INFORMATION
The Materials and Services, as well as their selection and
arrangement, are protected by copyrights, trademarks, patents, trade
secrets and all other applicable intellectual property and
proprietary rights (collectively, "Intellectual Property Rights"),
and any unauthorized use of the Materials or Services may violate
such laws and the Terms of Use. Except as expressly provided herein,
STT does not grant any express or implied rights to use the
Materials and Services. You agree not to copy, republish, frame,
download, transmit, modify, adapt, create derivative works based on,
rent, lease, loan, sell, assign, distribute, display, perform,
license, sublicense or reverse engineer the Site, Materials or
Services, any portions of the Site, Materials or Services or the
selection and arrangement of the Site, Materials or Services, except
as expressly authorized herein. In addition, you agree not to use
any data mining, robots or similar data gathering and extraction
methods in connection with the Site, Services or Materials.
The trademarks, service marks, logos, URLs and domain names,
("Marks") displayed on this Site are the property of STT or other
third parties. You are not permitted to use the Marks without the
prior written consent of STT or such third party that may own the
Marks.
USE OF SITE AND SERVICES
You shall pay all costs and charges, including phone charges and
telecommunications equipment costs, that you incur in order to
access or use the Site, Services and Materials. You agree to use the
Site in an appropriate manner as related to the particular Materials
or Services being accessed or used by you. As some examples of
improper activities when accessing or using the Site, Services or
Materials, you agree that you shall not:
Collect, harvest, mine or engage in any other activity to obtain
e-mail addresses, phone numbers, personal information or any other
information about others.
- Access or attempt to access any Material that you are not
authorized to access or any Material through any means not
intentionally made available through the Site or Services.
- Use the Site, Services or any Materials in any manner that
infringes any Intellectual Property Rights or other rights of any
party.
- Disrupt or interfere with the security of, or otherwise cause
harm to, the Site, or any Services, Materials, systems resources,
servers or networks connected to or accessible through the Site or
any affiliated or linked sites.
- Transmit unsolicited or bulk communications to any STT
affiliated e-mail address.
- Disrupt, interfere or inhibit any other user from using and
enjoying the Site or other affiliated or linked sites, Materials or
Services.
- Breach any guidelines or other codes of conduct applicable to a
particular Service or Materials.
- Access or use the Site in any manner that could damage, disable,
overburden or impair any STT server or the network(s) connected to
any STT server.
- Violate any applicable laws or regulations related to the access
to or use of the Site, Services or any Materials or engage in any
activity prohibited by the Terms of Use.
- Violate the rights of STT or any third party (including rights
of privacy and publicity) or abuse, defame, harass, stalk or
threaten another.
- Use any STT domain name as a pseudonymous return e-mail
address.
STT, in its sole discretion, may (but has no obligation to) monitor
or review the Materials and Services at any time. STT may at any
time without notice and in its sole discretion terminate a Service,
access to or use of any Materials or an area of the Site where
Materials are posted, as STT deems necessary to comply with
applicable law, regulation, legal process or governmental request.
USE OF STT MATERIALS
Except as indicated to the contrary elsewhere on this Site, you may
view, download, and print the STT Materials available on this Site
subject to the following conditions:
- You will not quote or display STT Materials, or any portions
thereof, out of context.
- STT reserves the right to revoke the authorization to view,
download and print the STT Materials available via this Site at any
time, and any such use shall be discontinued immediately upon notice
from STT.
- Use of the STT Materials for any other purpose is expressly
prohibited and may result in severe civil and criminal penalties.
Violators will be prosecuted to the maximum extent possible.
The rights specified above to view, download and print the STT
Materials available on this Site are not applicable to the design,
layout or look and feel of this Site. Such elements of the Site are
protected by law, including trade dress, trademark, unfair
competition and other laws, and may not be copied or imitated in
whole or in part. No Mark, graphic, sound or image from the Site may
be copied or retransmitted unless expressly permitted by STT. In
addition, various sections of the Site may showcase the work of
creative professionals. Such Materials belong to their creators, may
be protected by Intellectual Property Rights and are for display
purposes only. Accordingly, you may not download or print these
works unless there is a notice associated with the work expressly
permitting such uses.
RESTRICTION AND TERMINATION OF USE
STT may block, restrict, disable, suspend or terminate your access
to all or part of the Site, Services and Materials at any time in
STT.s sole discretion, without prior notice or liability to you.
LINKING TO THIS SITE
Creating or maintaining any link from another website to any page on
this Site without STT.s prior written permission is prohibited.
Running or displaying this Site or any Materials displayed on this
Site in frames or through similar means on another website without
STT.s prior written permission is prohibited. Any permitted links
to this Site must comply with all applicable laws, rules and
regulations.
LINKS TO THIRD PARTY SITES
The Site, Services or Materials may include links that will take you
to other sites outside of the Site ("Linked Sites"). The Linked
Sites are provided by STT to you as a convenience and the inclusion
of the links do not imply any endorsement by STT of any Linked Site.
STT has no control of the Linked Sites and you therefore acknowledge
and agree that STT is not responsible for the contents of any Linked
Site, any link contained in a Linked Site or any changes or updates
to a Linked Site. You further acknowledge and agree that STT is not
responsible for any form of transmission (e.g. webcasting) received
from any Linked Site.
WARRANTIES AND DISCLAIMERS
THE SITE, SERVICES AND MATERIALS ARE PROVIDED BY STT UNDER THESE
TERMS OF USE "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR
IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE,
INCLUDING, BUT NOT LIMITED TO, SATISFACTORY QUALITY AND THE IMPLIED
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
WITHOUT LIMITING THE FOREGOING, STT MAKES NO WARRANTY THAT (i) THE
SITE, SERVICES OR MATERIALS WILL MEET YOUR REQUIREMENTS; (ii) YOUR
DESIRED RESULTS WILL BE OBTAINED FROM YOUR USE OF THE SERVICES OR
MATERIALS DESCRIBED ON THE SITE; (iv) THE QUALITY OF THE SITE OR ANY
SERVICES OR MATERIALS ACCESSIBLE BY YOU WILL MEET YOUR EXPECTATIONS;
AND (v) ANY ERRORS OR DEFECTS IN THE SITE, SERVICES OR MATERIALS
WILL BE CORRECTED.
[YOU ACKNOWLEDGE AND AGREE THAT: (i) STT DOES NOT CONTROL, ENDORSE,
OR ACCEPT RESPONSIBILITY FOR ANY MATERIALS OR SERVICES OFFERED BY
THIRD PARTIES, INCLUDING THIRD-PARTY VENDORS AND THIRD PARTIES
ACCESSIBLE THROUGH LINKED SITES; (ii) STT MAKES NO REPRESENTATIONS
OR WARRANTIES WHATSOEVER ABOUT ANY SUCH THIRD PARTIES, THEIR
MATERIALS OR SERVICES; (iii) ANY DEALINGS YOU MAY HAVE WITH SUCH
THIRD PARTIES ARE AT YOUR OWN RISK; AND (iv) STT SHALL NOT BE LIABLE
OR RESPONSIBLE FOR ANY MATERIALS OR SERVICES OFFERED BY THIRD
PARTIES.]
ALL INFORMATION CONTAINED ON THIS SITE, INCLUDING, BUT NOT LIMITED
TO, INFORMATION RELATING TO COMMON INJURIES AND TREATMENTS, IS FOR
INFORMATIONAL PURPOSES ONLY. IT IS PRESENTED IN SUMMARY AND/OR
AGGREGATE FORM AND IS NOT MEANT TO BE A SUBSTITUTE FOR THE ADVICE
PROVIDED BY YOUR OWN PHYSICIAN OR OTHER MEDICAL PROFESSIONALS OR ANY
INFORMATION CONTAINED ON OR IN ANY PRODUCT PACKAGING OR LABELS. YOU
SHOULD NOT USE THE INFORMATION RELATING TO COMMON INJURIES AND
TREATMENTS CONTAINED ON THIS SITE FOR DIAGNOSING A HEALTH PROBLEM.
YOU SHOULD CAREFULLY READ ALL INFORMATION PROVIDED BY THE
MANUFACTURERS OF THE MATERIALS ON OR IN THE PRODUCT PACKAGING AND
LABELS. YOU SHOULD CONSULT YOUR PHYSICIAN BEFORE USE OF ANY
MATERIALS PURCHASED FROM STT.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED
WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST,
SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. TO THE EXTENT
PERMISSIBLE, ANY IMPLIED WARRANTIES ARE LIMITED TO NINETY (90) DAYS.
LIMITATION OF LIABILITY
IN NO EVENT SHALL STT, OR ITS OFFICERS, DIRECTORS, PARTNERS,
EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY
SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR
LOSSES OF ANY KIND, OR ANY DAMAGES OR LOSSES WHATSOEVER, WHETHER OR
NOT FORESEEABLE, OR IF STT HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES OR LOSSES, AND ON ANY THEORY OF LIABILITY, INCLUDING
BREACH OF CONTRACT OR WARRANTY, NEGLIGENCE OR OTHER TORTIOUS ACTION,
OR ANY OTHER CLAIM ARISING OUT OF OR IN CONNECTION WITH: (1) THE
ACCESS OR USE OF OR THE INABILITY TO ACCESS OR USE THE SITE,
SERVICES, OR MATERIALS; (2) ANY SERVICES AVAILABLE THAT ARE DELAYED
OR INTERRUPTED; (3) THE STATEMENTS OR ACTIONS OF ANY THIRD PARTY ON
OR VIA THE SITE, SERVICES OR MATERIALS; (4) ANY DEALINGS WITH THIRD
PARTIES; (5) ANY WEB SITE REFERENCED OR LINKED TO FROM THIS SITE; OR
(6) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE ANY
LINKED SITE. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION
OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. ACCORDINGLY,
THE LIMITATIONS AND EXCLUSIONS SET FORTH ABOVE MAY NOT APPLY TO YOU.
ADVERTISEMENTS AND PROMOTIONS
STT may run advertisements and promotions from third parties via the
Site, Services or Materials in any manner or mode and to any extent.
Your communications, activities, relationships and business dealings
with any third parties advertising or promoting via the Site,
Services or Materials, including payment and delivery of related
goods or services, and any other terms, conditions, warranties or
representations associated with such dealings, shall be solely
matters between you and such third parties. You acknowledge and
agree that STT is not responsible or liable for any loss or damage
of any kind incurred as the result of any such dealings or as the
result of the presence of such non-STT advertisers on the Site or in
connection with the Services or Materials.
INDEMNITY AND LIABILITY
You agree to indemnify and hold STT and its officers, directors,
partners, employees, or agents harmless from any claim or demand,
including reasonable attorneys' fees, made by any third party due to
or arising out of: (a) your access to or use of the Site, Services
or Materials (including any use by your employees, contractors or
agents, whether or not actually or expressly authorized by you, in
connection with the Site or any Services or Materials); (b) your
connection to the Site, Services or Materials; (c) your violation of
the Terms of Use; (d) your infringement of any third party.s
Intellectual Property Rights when using any the Site; (e) your
violation of any rights of any third party; (f) your access to or
use of Linked Sites and your connections thereto; or (g) any
dealings between you and any third parties advertising or promoting
via the Site, Services or Materials.
GOVERNING LAW AND JURISDICTION
This Site (excluding linked sites) is controlled by STT from its
offices within the State of Nebraska, United States of America. By
accessing this Site, you agree that all matters relating to your
access to, or use of, this Site shall be governed by the statutes
and laws of the State of Nebraska, without regard to the conflicts
of laws principles thereof. You also agree and hereby submit to the
exclusive personal jurisdiction and venue of an appropriate state or
federal court in Nebraska with respect to such matters.
GENERAL
The Terms of Use and other rules, guidelines and disclaimers posted
via the Site or in connection with the Materials and Services,
constitute the entire agreement between STT and you with respect to
your access to or use of the Site, Materials and Services
superseding any prior agreements between you and STT on such subject
matter (including any prior versions of the Terms of Use). If for
any reason a court of competent jurisdiction finds any provision of
the Terms of Use, or portion thereof, to be unenforceable, that
provision shall be enforced to the maximum extent permissible so as
to effect the intent of the parties as reflected by that provision,
and the remainder of the Terms of Use shall continue in full force
and effect. Any failure by STT to enforce or exercise any provision
of the Terms of Use or related right shall not constitute a waiver
of that right or provision. The section titles used in the Terms of
Use are purely for convenience and carry with them no legal or
contractual effect.