Terms Of Use

Last updated: May 9, 2018
The www.armonicatech.com website is owned and operated by Armoncia Technologies, Inc., a Delaware corporation (together with its successors and assigns, “Armonica”, “we”, “us” or “our”). The Site, together with any of our related sites, mobile applications or software tools, are collectively referred to herein as the “Services”. PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE SERVICES. By using the Services in any manner, you (the “user”, “you” or “your”) agree to these Terms of Use (as they may be amended from time to time, the “Terms”), including any additional terms and conditions and policies referenced herein or available by hyperlink. If you do not agree to the Terms, please do not use the Services. We reserve the right, at our discretion, to change, modify, add or remove portions of the Terms or any such additional terms and conditions or policies at any time, and we will post the Terms (or such additional terms and conditions or policies) as so modified on the Site. Please check these Terms and any such additional terms and conditions or policies referenced herein periodically for changes. Your continued use of the Services following the posting of changes to the Terms or any such additional terms and conditions or policies referenced herein will mean you accept those changes.

HOW THE SITE WORKS

Currently, we maintain the Services primarily for the purpose of providing information about Armonica to researchers, scientists and others who may be interested in learning more about the products and services we offer or intend to offer. Portions of the Services may also contain features allowing you to contact us to obtain additional information or for other purposes.

PROPRIETARY RIGHTS

The Services, including but not limited to all text, graphics, logos, icons, images, data, graphs, audio, videos, computer programs and other material and information contained on, or utilized in the provision of, the Services, are the property of Armonica or its content suppliers, as applicable, and are protected by copyrights, trademarks, trade secrets, patents or other proprietary rights. You may download, store, print, and copy selected portions of content of Site subject to the express condition that you may only use such portions of the Site for your personal, noncommercial use or for preparatory use in connection with entering into a potential business relationship Armonica. Except as expressly authorized by Armonica in writing or as expressly set forth above, you may not use, copy, distribute, modify or create derivative works from, disclose, display, transmit, or post or any portion of the Services for any purpose, create internet “links” to the Site or any other Services or “frame” or “mirror” the Site or other Services on any other server or wireless or Internet-based device. All rights not expressly granted herein are reserved to Armonica and/or its licensors.

FEEDBACK

We welcome your comments and feedback regarding the Services. Any comments, feedback, ideas, suggestions, data or other information submitted by you to us through the Services or any related communication channel is referred to herein as “Feedback”. By submitting Feedback to us, you acknowledge and agree that: (i) such Feedback does not contain information that is confidential or proprietary to you; (ii) we are not under any obligation of confidentiality to you, express or implied, with respect to such Feedback; (iii) we may use or disclose (or choose not to use or disclose) such Feedback for any purpose; (iv) we may have something similar to the Feedback already under consideration or in development; and (v) such Feedback is hereby assigned to us. Please do not send us any information or materials through the Services that you do not wish to assign to us.

CHILDREN

The Services are not intended for use by children. If you are under 13, you may not submit or post any information or material on or through the Services or otherwise provide such information to Armonica, including but not limited to personally identifiable information.

TERMINATION

We may terminate a user’s ability to use the Services in our sole and absolute discretion and for any reason. We may terminate your use of the Services for reasons that include, but are not limited to, the following: (1) violation of these Terms; (2) abuse of resources on which the Services rely or attempt to gain unauthorized entry to the Services; or (3) as required by law, regulation, court or governing agency order. Our termination of any user’s access to the Services may be effected without notice and, on such termination, we may immediately bar any further access to the Services. We shall not be liable to any user or other third party for any termination of that user’s access to the Services. In the event of termination, we reserve the right to delete, or not delete, a user’s Content at our sole discretion.

LINKS

The Services may provide links to other websites maintained by third parties. Armonica exercises no control whatsoever over such other websites and is not responsible or liable for the availability, content, advertising, products, services or other materials on such websites. Your access and use of such linked websites, including information, material, products and services therein, is solely at your own risk.

REGULATORY APPROVAL

Except as otherwise expressly indicated by us in writing: (i) the technologies and products shown, described or discussed on the Service are for informational purposes only and have not been approved for human use by any regulatory agency, including the United States Food and Drug Administration and (ii) no portion of the Services is intended to constitute a representation or claim as to the efficacy, safety or benefits of our products or services for any human, clinical or medical use. No information contained on the Services is intended to be used for the purpose of medical diagnosis or treatment

RESPONSIBILITY FOR USE; WARRANTY DISCLAIMER; LIMITATIONS OF LIABILITY

Each user shall indemnify, defend and hold Armonica, its affiliates, and its and their respective, directors, officers, employees, members, partners, stockholders and agents harmless from any and all claims, demands, damages, costs, and liabilities including reasonable attorneys’ fees, made by any third party due to or arising out of that user’s acts or omissions, including claims arising out of that user’s use of the Services; his or her submission, posting or transmission of any information on or through the Services or his or her violation of the Terms.

Armonica does not guarantee continuous, uninterrupted access to the Services, and operation of the Services may be interfered with by numerous factors outside of our control. When you access the Services through a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply, and Armonica shall have no liability whatsoever for such charges, rates or other fees.

EACH USER’S USE OF THE SERVICES ARE AT HIS OR HER SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND ARMONICA ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY CONTENT OR COMMUNICATIONS. ARMONICA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. ARMONICA SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES RESULTING FROM ANY USER’S USE OR INABILITY TO USE THE SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

THESE LIMITATIONS SHALL ALSO APPLY WITH RESPECT TO DAMAGES RESULTING FROM ANY TRANSACTIONS OR POTENTIAL TRANSACTIONS, GOODS OR SERVICES PROMISED OR EXCHANGED, OR OTHER CONTENT, INTERACTIONS, REPRESENTATIONS, COMMUNICATIONS OR RELATIONS THROUGH, RELATED TO OR AS A RESULT OF THE SERVICES OR CONTENT ACCESSED THROUGH THE SERVICES (INCLUDING, WITHOUT LIMITATION, ANY LINKS ON THE SERVICES AND LINKS IN CONTENT ACCESSED THROUGH THE SERVICES).

THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.

TRADEMARK INFORMATION

“Armonica” is a trademark of Armonica Technologies, Inc. Your use of the “Armonica” mark or any of our other marks, names and logos as displayed on the Services without our prior written consent is strictly prohibited.

PRIVACY

Armonica agrees to treat your private personally identifiable information in accordance with the terms of our then current privacy policy, which is incorporated herein for all purposes, and which is available for review at Privacy Policy.

GENERAL INFORMATION

The Terms constitute the entire agreement between each user and Armonica and govern each user’s use of the Services, superseding any prior agreements. The Terms and the relationship between each user and Armonica shall be governed by the laws of the State of New Mexico without regard to its conflict of law provisions, and each party shall submit to the personal and exclusive jurisdiction of the courts located within Bernalillo County, New Mexico. The Services are controlled and operated by Armonica from its offices within the State of New Mexico, United States of America. Armonica makes no representation that materials in the Services are appropriate or available for use in other locations. Those who choose to access this Services from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. Nothing herein shall be deemed to create an agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship of any kind between Armonica and any user.

SURVIVAL

The provisions above listed under the headings “PROPRIETARY RIGHTS”, “FEEDBACK”, “TERMINATION”, “LINKS”, “RESPONSIBILITY FOR USE”, “WARRANTY DISCLAIMER”, “LIMITATIONS OF LIABILITY”, “PRIVACY” and “GENERAL INFORMATION” shall survive any termination or expiration of these Terms with respect to any user.

HISTORICAL MODIFICATIONS

The current version of these Terms became effective on the date first set forth above. We may have updated these Terms from time to time. If you would like to review prior versions of these Terms, please contact us through the “Contact Us” page on the Site.