NOTICE TO ALL USERS: CAREFULLY READ THE FOLLOWING LEGAL AGREEMENT BEFORE USING THIS WEBSITE. BY USING THIS WEBSITE, YOU SIGNIFY YOUR ASSENT TO THESE TERMS AND CONDITIONS OF USE (“WEBSITE TERMS OF USE”) AND YOUR CONSENT TO THE INFORMATION HANDLING PRACTICES DESCRIBED IN CHUMMIE’s PRIVACY POLICY. IF YOU DO NOT AGREE TO THESE WEBSITE TERMS OF USE AND/OR THE PRIVACY POLICY, PLEASE NAVIGATE AWAY FROM AND DO NOT USE THIS WEBSITE.

 

1. Ownership Rights

This “Chummie Bedwetting Alarm Website,” located at chummie.com (and any subdomains thereof) and information provided by Chummie (“Chummie Bedwetting Alarm”) at this website, is owned and operated by Theos Medical Systems. The Chummie Bedwetting Alarm Website is protected by United States copyright law and international treaty provisions. You acknowledge that no title to the intellectual property in the Chummie Bedwetting Alarm Website is transferred to you. No material from the Chummie Bedwetting Alarm Website may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way by you, except that you may download one copy of the materials on any single computer for your personal, non-commercial use only, provided that you keep intact all copyright and other proprietary notices appearing on such materials. You may not modify, or create derivative works based upon, the Chummie Bedwetting Alarm Website or any materials contained therein, in whole or in part. All rights not expressly licensed hereunder are reserved by Chummie.

 

2. Trademarks

You agree that Chummie, Better Technology for Faster Treatment, InteliFlex, Comfy-Armband, AccuSense, SlimFit, Strong Hold, chummie.com, IntelliFlex, the Chummie design marks, and the Chummie logo(s) are trademarks, service marks or registered trademarks or registered service marks of Theos Medical Systems and are protected by U.S. and international trademark law. You agree not to display or use in any manner Chummie Marks or any confusingly similar mark without the prior express written permission of Theos Medical Systems. The names and logos of other companies and non Chummie products mentioned in materials appearing on the Chummie Bedwetting Alarm Website are the trademarks or registered trademarks of their respective owners.

3. Warranty Disclaimer

The Chummie Bedwetting Alarm Website and all elements thereof are provided on an “AS IS” basis without warranty of any kind, express or implied. THEOS MEDICAL SYSTEMS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, OR ARISING FROM CUSTOM OR TRADE, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THEOS MEDICAL SYSTEMSDOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE CHUMMIE BEDWETTING ALARM WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE CHUMMIE BEDWETTING ALARM WEBSITE OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEOS MEDICAL SYSTEMS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE CORRECTNESS, ACCURACY, OR RELIABILITY OF THE CHUMMIE BEDWETTING ALARM WEBSITE OR ANY INFORMATION OR MATERIALS CONTAINED THEREIN. SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU, IN WHICH CASE, THE FOREGOING SHALL BE ENFORCEABLE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

 

4. Limitation of Liability

UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE OR STRICT LIABILITY), CONTRACT, OR OTHERWISE), SHALL THEOS MEDICAL SYSTEMS OR ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST DATA, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER INTANGIBLE DAMAGES OR LOSSES, EVEN IF THEOS MEDICAL SYSTEMS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR. THEOS MEDICAL SYSTEMS AGGREGATE LIABILITY ARISING OUT OF THESE TERMS OR YOUR USE OF THE CHUMMIE BEDWETTING ALARM WEBSITE SHALL NOT EXCEED ONE HUNDRED DOLLARS ($50). SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU, IN WHICH CASE, THE FOREGOING SHALL BE ENFORCEABLE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

 

5. Termination

All rights to use the Chummie Bedwetting Alarm Website will terminate automatically if you fail to comply with any of the limitations or other requirements described in these Website Terms of Use. Upon termination, you must destroy all copies of any materials obtained from the Chummie Bedwetting Alarm Website.

 

6. Jurisdiction

Unless otherwise specified, the materials in the Chummie Bedwetting Alarm Website are presented solely for the purpose of promoting Chummie and its products. The Chummie Bedwetting Alarm Website is controlled by Theos Medical Systems from its offices within the State of California, USA. Theos Medical Systems makes no representation that materials in the Chummie Bedwetting Alarm Website are appropriate or available for use in other locations outside the United States. Neither the Chummie Bedwetting Alarm Website nor any underlying information or technology may be downloaded or otherwise exported or re-exported: (i) into (or to a national or resident of) Cuba, Iran, Libya, North Korea, Sudan, Syria or any other country to which the United States has embargoed goods; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nations or the U.S. Commerce Department’s Table of Denial Orders. By using any element of the Chummie Bedwetting Alarm Website, you are agreeing to the foregoing and you are certifying that you are not located in, under the control of, or a national or resident of, any such country or on any such list. In addition, you are responsible for complying with any and all local laws in your jurisdiction which may impact your right to use the Chummie Bedwetting Alarm Website.

 

7. Miscellaneous

These Website Terms of Use are governed by the laws of the State of California, without reference to conflict of laws principles. These Website Terms of Use, together with the Chummie Privacy Policy, set forth the entire understanding and agreement between you and Theos Medical Systems with respect to the subject matter hereof and supersede any other communications with respect to the Chummie Bedwetting Alarm Website. Theos Medical Systems may assign its rights and duties under these Website Terms of Use to any party at any time without notice to you. Theos Medical Systems may update these Website Terms of Use periodically by posting the amended Website Terms of Use on the Chummie Bedwetting Alarm Website. You can view the most current version of the Website Terms of Use at any time by clicking on the link labeled “Terms of Use”. If you continue to use the Chummie Bedwetting Alarm Website after any amended Website Terms of Use have been posted, by that continued use, you signify your acceptance of the Website Terms of Use, as modified. No provision hereof shall be deemed waived by Theos Medical Systems unless such waiver shall be in writing and signed by a duly authorized representative of Theos Medical Systems . If any provision of these Website Terms of Use is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions of these Website Terms of Use shall continue in full force and effect. You and Theos Medical Systems each confirm that it is your wish that this Agreement has been written in the English language only.

 

8. Copyright Notice
Copyright © 2016 Theos Medical Systems, Inc. All rights reserved.

 

9. Date of Last Revision

July 1, 2016

 

10. Theos Medical Customer Contact

If you would like to contact Theos Medical Systems for any reason, please call 1-877-834-4107 or write to: Information Technology, Chummie Bedwetting Alarm, 2954 Scott Blvd, Santa Clara, CA 95054.