TERMS AND CONDITIONS
Welcome to NeedleDoctor.com (the “Site”). Please read these Terms & Conditions (“Terms”) fully and carefully before using this Site and the services, features, content, applications, or products offered by Needle Doctor, Inc., (“we”, “us”, “our” or “Needle Doctor”) (together with the Site, the “Services”). These Terms set forth the legally binding terms and conditions for your use of the Site and the Services. By accessing our using the Site, you agree to be bound by these Terms.
Scope of These Terms
Acceptance of Terms
- By using this Site and its Services in any manner, including but not limited to visiting or browsing the Site, you agree to these Terms and all other operating rules, policies and procedures that may be published from time to time on the Site by us, each of which is incorporated by reference and each of which may be updated from time to time without notice to you.
- These Terms apply to all users of the Services, including, without limitation, registered and unregistered users.
Disclaimer of Content
This Site and its components are offered for informational purposes only and should not be considered error-free or as a comprehensive source of all information on a particular topic. Needle Doctor makes no warranties or representations as to the accuracy of the content on this Site, and assumes no responsibility for any consequences relating directly or indirectly to any action or inaction you take based upon the information and material of this Site. Your use of this Site is subject to the additional disclaimers and caveats that may appear throughout these Terms and the Site. You assume the entire risk of loss in using this Site and materials contained in the Site. We are not responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available through the Site or its Services.
FEATURES AND SPECIFICATION OF PRODUCTS OR SERVICES DESCRIBED OR DEPICTED ON THE SITE ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE.
In order to register for an account (“Account”), you must provide certain information about yourself as prompted by the registration form. By using the Services, you represent that you qualify to use the Services. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; and (b) you will maintain the accuracy of such information.
You are prohibited from selling, trading, or otherwise transferring an Account to anyone else. You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. You agree to immediately notify Needle Doctor of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security relating to your account. Needle Doctor is not liable or responsible for any loss or damage arising from your failure to comply with the above requirements. However, if we suffer any damages due to the unauthorized use of your Account, you may be liable.
We may, from time to time, offer coupon codes (a “Coupon Code”). You may only use a Coupon Code once, and only one Coupon Code may be used per order. If for any reason we suspect a fraudulent use of a Coupon Code, we reserve the right, in our sole discretion, to cancel your purchase. Coupon Codes sent to individuals are valid for the intended recipient only. Coupon Codes are generally available for only one use. Coupon Codes are not valid for order placed prior to receipt of, or without reference to, the Coupon Code and cannot be redeemed for cash or combined with other offers or credits. Coupon Codes are not valid for resale and have no cash value. The unauthorized reproduction, resale, modification, or trade of Coupon Codes is prohibited. Coupon Codes are void where prohibited, taxed, or restricted. Needle Doctor reserves the right to change or limit Coupon Codes in its sole discretion. Needle Doctor has no liability for any problems or inability to use the Coupon Code.
Links to Other Sites
This Site may contain third-party owned content (e.g., articles, data feeds, abstracts, etc.) and may include hypertext links to third-party owned web sites. We provide such third party content and links as a courtesy to our users. We have no control over any third-party owned web sites or content referenced, accessed by or available on this Site and, therefore, we do not endorse, sponsor, recommend or otherwise accept any responsibility for such third party web sites or content or for the availability of such web sites. IN PARTICULAR, WE DO NOT ACCEPT ANY LIABILITY ARISING OUT OF ANY ALLEGATION THAT ANY THIRD PARTY-OWNED CONTENT (WHETHER PUBLISHED ON THIS, OR ANY OTHER, WEB SITE) INFRINGES THE INTELLECTUAL PROPERTY RIGHTS OF ANY PERSON OR ANY LIABILITY ARISING OUT OF ANY INFORMATION OR OPINION CONTAINED ON SUCH THIRD PARTY WEB SITE OR CONTENT. If you link to third party sites from Needle Doctor, we encourage you to consult the policy statements of each site you visit.
Copyright, trademark, patent, and other applicable laws protect the services and materials appearing on the Site. No use of these materials may be made without the express written permission of Needle Doctor. Any unauthorized use of the words or images on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity and civil and criminal statutes.
None of the names, trademarks, service marks and logos of Needle Doctor appearing on this Site may be used in any advertising or publicity, or otherwise to indicate Needle Doctor’s sponsorship of or affiliation with any product or service without the express written permission of the operators of Needle Doctor. Nothing contained on the Site should be construed, by implication, estoppel, waiver or otherwise, any license or right of use to any trademark displayed on the Site without the written permission of the owners and operators of Needle Doctor or the third party owner of the trademark, if any. This site may contain other proprietary notices and copyright information, the terms of which must be observed and followed.
Modifying and Terminating our Services
We are constantly changing and improving our Services. We may add or remove functionalities or features, and we may suspend or stop a Service altogether.
You can stop using our Services at any time, although we’ll be sorry to see you go. Needle Doctor may also stop providing Services to you, or add or create new limits to our Services at any time.
We may terminate your access to all or any part of the Services at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your membership or Account. If you wish to terminate your Account, you may do so by following the instructions on the Application or through the Services. Any fees paid hereunder are non-refundable. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
You agree to indemnify, defend, and hold harmless Needle Doctor and their respective affiliates, suppliers, employees, officers, directors, agents, services and representatives of each from any liability, loss, claim, suit, damage and expense (including reasonable attorneys’ fees and expenses) related to your violation of these terms and conditions.
Our Warranties and Disclaimers
We have no special relationship with or fiduciary duty to you. You acknowledge that we have no duty to take any action regarding:
- Which users gain access to the Services;
- What Content you access via the Services; or
- How you may interpret or use the Content.
You release us from all liability for you having acquired or not acquired Content through the Services. We make no representations concerning any Content contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, or legality of material or Content contained in or accessed through the Services.
THE SERVICES AND CONTENT ARE PROVIDED “AS IS”, “AS AVAILABLE” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. WE, AND OUR DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (I) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (III) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (IV) THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK.
LIMITATION OF LIABILITY
IN NO EVENT SHALL WE, NOR OUR DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICES (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, COMPENSATORY OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (III) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) OF (A) fees paid to us for the particular Services paid by you to us.
Business Uses of our Services
If you are using our Services on behalf of a business, that business accepts these terms. It will hold harmless and indemnify Needle Doctor and its affiliates, officers, agents, and employees from any claim, suit or action arising from or related to the use of the Services or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees.
About these Terms
We may modify these terms or any additional terms that apply to a Service to, for example, reflect changes to the law or changes to our Services. You should look at the terms regularly. Changes addressing new functions for a Service or changes made for legal reasons will be effective immediately. If you do not agree to the modified terms for a Service, you should discontinue your use of that Service.
If there is a conflict between these terms and the additional terms, the additional terms will control for that conflict.
These terms control the relationship between Needle Doctor and you. They do not create any third party beneficiary rights.
If you do not comply with these terms, and we don’t take action right away, this doesn’t mean that we are giving up any rights that we may have (such as taking action in the future).
Governing Law and Jurisdiction
These Terms, whether interpreted in a court of law or in arbitration, shall be governed by the law of the State of Minnesota, including its conflicts of law rules, and the United States of America. You agree that any dispute arising from or relating to the subject matter of these Terms shall be governed by the exclusive jurisdiction and venue of the state and Federals Courts with Hennepin County, Minnesota, USA.