Terms and Conditions of Use
Medela, Inc. maintains this site and the services provided or related to the site, including but not limited to, the Medela smartphone Application (collectively, “Site”) for your personal entertainment, information, education and communication. Please feel free to browse the Site. Unless otherwise indicated, the contents of this Site are the property of Medela, Inc. and are protected, without limitation, pursuant to U.S. and foreign trademark, copyright and other intellectual property laws. You may download material displayed on the Site for non-commercial, personal use only, provided you also retain all trademark, copyright and other proprietary notices contained in the materials. You may not, however, distribute, modify, transmit, reuse, report, or use the contents of the Site for public or commercial purposes, including the text, images, audio, and video without Medela, Inc.’s written permission. For purposes of these Terms and Conditions of Use, the use of any such material on any other web site or computer environment is prohibited without the express written consent of Medela, Inc.
Medela, Inc. may revise and update these Terms and Conditions of Use at any time without notice by posting the amended terms to this Site. Your continued use of the Site means that you accept and agree to the revised Terms and Conditions of Use. If you disagree with the Terms and Conditions of Use (as amended from time to time) or are dissatisfied with this Site, your sole and exclusive remedy is to discontinue using this Site. THE MOST CURRENT VERSION OF THIS AGREEMENT, WHICH SUPERSEDES ALL PREVIOUS VERSIONS, CAN BE REVIEWED BY CLICKING ON THE “Legal Statement” HYPERLINK LOCATED AT THE BOTTOM OF EVERY PAGE ON THE SITE AND IN A PROMINENT LOCATION IN THE APPLICATION.
Your access and use of the Site is also subject to the following additional terms and conditions and all applicable laws. You acknowledge that any other agreements between you and Medela, Inc. relating to this subject matter are superseded and have no force or effect.
USE OF THE SITE
The product information and specifications that are provided on the Site are for your information only. Always verify the model and product information when requesting information or purchasing products. Some products listed may no longer be available. Some information provided may not be current, or may have changed since the last time you viewed or downloaded it. WE DO NOT REPRESENT OR WARRANT THE ACCURACY OR RELIABILITY OF ANY OF THE INFORMATION PROVIDED, AND ALL INFORMATION IS PROVIDED SUBJECT TO THE DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH BELOW.
This Site may contain forums, chat areas, message boards, news groups, communities and/or other message or communication facilities designed to allow you to communicate with the Internet community or with a group (collectively, “Communications Services”). You agree to use the Communication Services only to post, send and receive messages and content that are proper and related to the particular Communication Service.
You agree to use the Site only for lawful purposes:
(a) Specifically you agree not to do any of the following: (1) upload to or transmit on the Site any defamatory, indecent, obscene, harassing, violent or otherwise objectionable material, or any material that is, or may be, protected by copyright, without permission from the copyright owner; (2) use the Site to violate the legal rights (including the rights of publicity and privacy) of others or to violate the laws of any jurisdiction; (3) intercept or attempt to intercept electronic mail or other communications or comments not intended for you; (4) misrepresent an affiliation with any person or organization; (5) upload to or transmit on the Site any advertisements or solicitations of business; (6) restrict or inhibit use of the Site by others, including disrupting the normal flow of dialogue, causing a screen to scroll faster than other users are able to type, or otherwise acting in a way which affects the ability of other people to engage in real time activities via this Site; (7) upload or otherwise transmit files that contain a virus or corrupted data; (8) collect information about others (including email addresses) without their consent; (9) download a file or software or include in a message any software, files or links that you know, or have reason to believe, cannot be distributed legally over the Site or that you have a contractual obligation to keep confidential (notwithstanding its availability on the Site); (10) post “spam,” transmit chain letters or engage in other similar activities; (11) advocate illegal activity or discuss an intent to commit an illegal act; (12) seek to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; (13) disobey any policy or regulations including any code of conduct or other guidelines, established from time to time regarding use of this Site or any networks connected to this Site; (14) falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is permissibly uploaded; (15) upload or transmit material to the Site that does not pertain directly to the Site; (16) upload or transmit material to the Site that contains links to other sites that contain content that falls within the descriptions set forth in this Section; or (17) engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by Medela, Inc., may harm Medela, Inc. or users of the Site or expose them to liability.
(b) Any content and/or opinions uploaded, expressed or submitted to a message board, comment area, blog, chatroom or any other publicly available section of the Site (including password-protected areas), and all articles and responses to questions, other than the content provided by Medela, Inc., are solely the opinions and responsibility of the person or entity submitting them and do not necessarily reflect the opinions of Medela, Inc.. You understand and acknowledge that you are responsible for whatever content you submit, and you, not Medela, Inc., have full responsibility for such content, including its legality, reliability and appropriateness. By uploading or otherwise transmitting material to any area of the Site, you warrant that the material is your own or is in the public domain or otherwise free of proprietary or other restrictions and that you have the right to post it to the Site. You understand that any postings, or content submitted for posting, to publicly available portions of the Site are non confidential for all purposes. You understand that certain features of the Site may require the activation of Global Positioning System (“GPS”) technology for full functionality.
(c) To access this Site or certain of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Site that all the information you provide on this Site will be correct, current, and complete.
(d) Medela, Inc. reserves the right, but does not assume any responsibility, to (1) remove any material posted on the Site which Medela, Inc., in its sole discretion, deems inconsistent with the foregoing commitments, including any material Medela, Inc. has been notified, or has reason to believe, constitutes a copyright infringement; and (2) terminate any user’s access to all or part of the Site. However, Medela, Inc. can neither review all material before it is posted on the Site nor ensure prompt removal of objectionable material after it has been posted. Accordingly, Medela, Inc. assumes no liability for any action or inaction regarding transmissions, communications or content provided by third parties. Medela, Inc. reserves the right to take any action it deems necessary to protect the personal safety of users of this Site and the public; however, Medela, Inc. has no liability or responsibility to anyone for performance or nonperformance of the activities described in this paragraph.
(d) Your failure to comply with the provisions of (a) (b) or (c) above may result in the termination of your access to the Site and may expose you to civil and/or criminal liability.
NO MEDICAL ADVICE
The contents of the Site, such as text, graphics, images, and other material contained on the Site are for informational purposes only. Any advice or information provided on this Site does not create a professional relationship. This Site is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on the Site.
If you think you may have a medical emergency, call your doctor or 911 immediately. Reliance on any information provided by on this Site by Medela, Medela employees, others appearing on the Site at the invitation of Medela, or other visitors to the Site is solely at your own risk.
Copyrights and Trademarks / USE OF CONTENT
You should assume that everything you see or read on the Site is copyrighted and/or subject to trademark protection, unless otherwise noted and may not be used except as provided in these Terms and Conditions of Use without the written permission of Medela, Inc.
The entire contents of this Site (including all information, software, text, displays, images and audio) and the design, selection and arrangement thereof, are proprietary to Medela, Inc. or its affiliates or licensors and are protected by United States and international laws regarding copyrights, trademarks, trade secrets and other proprietary rights. You are authorized only to use the content on the Site for personal use or legitimate business purposes related to your role as a current or prospective customer, supplier, or distributor of Medela, Inc. You may not copy, modify, create derivative works of, publicly display or perform, republish, store, transmit or distribute any of the material on this Site without the prior written consent of Medela, Inc., except to: (a) store copies of such materials temporarily in RAM, (b) store files that are automatically cached by your web browser for display enhancement purposes, and (c) print a reasonable number of pages of the Site; provided in each case that you do not alter or remove any copyright or other proprietary notices included in such materials. Neither the title nor any intellectual property rights to any information or material in the Site are transferred to you, but remain with Medela, Inc. or the applicable owner of such content. Except as expressly authorized by Medela, Inc. in writing, you may not reproduce, sell or exploit for any commercial purposes, including without limitation for the purpose of providing educational services intended for childbirth educators, lactation consultants, account representatives or retailers: (a) any part of the Site, (b) access to the Site or (c) use of the Site or of any services or materials available through the Site.
You may not (and may not authorize any party to) (i) co-brand this Site, or (ii) frame this Site, or (iii) link to this Site, without the express prior written permission of an authorized representative of Medela, Inc. For purposes of these Terms and Conditions of Use, “co-branding” means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute this Site or content accessible within this Site. You agree to cooperate with Medela, Inc. in causing any unauthorized co-branding, framing or linking immediately to cease. You may not obtain or attempt to obtain any materials, content, or information through any means not intentionally made available or provided for through the Site.
Without limiting the generality of the foregoing, all images on the Site are the property of Medela, Inc. The Medela Image Gallery is a complete directory of stock images for the advertising needs of Medela, Inc.’s customers. To ensure consistency and maintain the integrity of Medela, Inc.’s brand, under no circumstances may you alter the contents of the Medela Image Gallery or use all or any portion of such contents in an unfavorable way without the prior written consent of Medela, Inc.
ACCESS AND INTERFERENCE
You agree that you will not (a) use any robot, spider or other automatic device, process or means to access the Site, (b) use any manual process to monitor or copy any of the material on the Site or for any unauthorized purpose without the prior written consent of Medela, Inc., (c) use any device, software or routine that interferes with the proper working of the Site, (d) attempt to interfere with the proper working of the Site, or (e) take any action that could disable, overburden, damage or impair the Site or impose an unreasonable or disproportionately large load on Medela, Inc.’s infrastructure.
All purchases of products or services from the Site are governed by the Terms of Sale, which are hereby incorporated into these Terms and Conditions of Use.
DEALINGS WITH OTHER MERCHANTS
If you choose to correspond, participate in a promotion or engage in transactions with any merchant found on or through the Site, you acknowledge and agree that Medela, Inc. is not a party to, and will not be responsible for, your interaction with such merchant, including its treatment of your information and the terms and conditions applicable to any transaction between you and the merchant. The terms of your interaction with any merchant are solely between you and such merchant. You agree that Medela, Inc. will have no responsibility or liability for any loss or damage of any kind that you may suffer as the result of any such interaction or the presence of such merchants on the Site.
DISCLAIMER / exclusion of warranties
While Medela, Inc. uses reasonable efforts to include accurate and up-to-date information on the Site, Medela, Inc. makes no warranties or representations as to its accuracy. Medela, Inc. assumes no liability or responsibility for any errors or omissions in the content on the Site.
Medela, Inc. does not assume any liability for the materials, information and opinions provided on, or available through, the Site (the “Site Content”). Reliance on the Site Content is solely at your own risk. Medela, Inc. disclaims any liability for injury or damages resulting from the use of any Site Content.
THE SITE, THE SITE CONTENT AND THE PRODUCTS AND SERVICES PROVIDED ON OR AVAILABLE THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. NEITHER MEDELA, INC. NOR ANY PARTY OR PERSON ASSOCIATED WITH MEDELA, INC. MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE QUALITY, ACCURACY, OR AVAILABILITY OF THE SITE. SPECIFICALLY, BUT WITHOUT LIMITING THE FOREGOING, NEITHER MEDELA, INC. NOR ANYONE ASSOCIATED WITH MEDELA, INC. WARRANTS OR REPRESENTS THAT THE SITE, THE SITE CONTENT OR THE SERVICES PROVIDED ON OR THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. MEDELA, INC. DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT.
You understand that Medela, Inc. cannot and does not guarantee or warrant that files available for downloading from the Internet will be free of viruses, worms, Trojan horses or other code that may manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to this Site for any reconstruction of any lost data. Medela, Inc. does not assume any responsibility or risk for your use of the Internet.
Medela, Inc. also assumes no responsibility, and shall not be liable for any damage to, including without limitation for viruses that may infect, your computer equipment, phone, or other property on account of your access to, use of, or browsing in the Site or your downloading of any materials, including, but not limited to, data, text, images, video or audio from the Site.
The Site Content is not necessarily complete and up-to-date and should not be used to replace any written reports, statements, or notices provided by Medela, Inc.
All of the information in this Site, whether historical in nature or forward-looking, speaks only as of the date the information is posted on this Site, and Medela, Inc. does not undertake any obligation to update such information after it is posted or to remove such information from this Site if it is not, or is no longer accurate or complete.
Medela, Inc. reserves the right to modify or discontinue at any time any part or all of the Site with or without notice. It is understood and agreed that Medela, Inc. shall not be liable for any modification or discontinuance of the Site.
limitation of liability
IN NO EVENT WILL MEDELA, INC. OR ITS LICENSORS OR CONTRACTORS BE LIABLE FOR ANY DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE SITE, THE SITE CONTENT, ANY SERVICES PROVIDED ON OR THROUGH THE SITE OR ANY LINKED SITE, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE OR ENHANCED DAMAGES ARISING OUT OF YOUR ACCESS TO OUR USE OF THE SITE, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOST PROFITS, LOST SALES OR DAMAGES RESULTING FROM DELAY, INTERRUPTION IN SERVICE, VIRUSES, DELETION OF FILES OR ELECTRONIC COMMUNICATIONS, OR ERRORS, OMISSIONS OR OTHER INACCURACIES IN THE SITE OR THE SITE CONTENT OR SERVICES, WHETHER OR NOT THERE IS NEGLIGENCE BY MEDELA, INC. AND WHETHER OR NOT MEDELA, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.
IN NO EVENT WILL THE COLLECTIVE LIABILITY OF MEDELA, INC. AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE LESSER OF $100 OR THE AMOUNT YOU HAVE PAID TO MEDELA, INC. FOR THE APPLICABLE CONTENT OR SERVICE OUT OF WHICH LIABILITY AROSE.
State Law Prohibitions
THE LAWS OF SOME STATES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS AND/OR LIMITATIONS MAY NOT APPLY, AND YOU MAY HAVE ADDITIONAL RIGHTS, WHICH MAY VARY FROM STATE TO STATE.
Communications to Medela
Any communication or material you transmit or post to the Site by electronic mail or otherwise, including but not limited to any data, questions, comments, suggestions, and the like, will be treated as non-confidential and non-proprietary. Any such communication or material may be used by Medela, Inc. or its affiliates for any purposes, including but not limited to reproduction, disclosure, transmission, publication, broadcast, and posting. Furthermore, Medela, Inc. is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Site for any purpose whatsoever, including but not limited to developing, manufacturing, and marketing products using such information.
You agree to indemnify and hold Medela, Inc. and its affiliates, officers, agents, employees, directors, third party information providers, licensors, contractors and others involved in the Site or the delivery of products, services or information through the Site (the “Indemnified Parties”) harmless from any and all claims or demands made by any third party arising out of or relating to any breach of these Terms and Conditions of Use by you, including without limitation relating to any communications you submit, transmit, post or otherwise provide to the Site or any use of Site Content other than as expressly authorized in these Terms and Conditions of Use. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys' fees of the Indemnified Parties in connection therewith. You will also so indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information accessed from the Site.
Medela, Inc.’s name, the terms Medela®, Pump In Style®, Lactina® and Symphony®, Medela, Inc.’s logo and all related trademarks, logos, service marks, product and service names, designs and slogans (collectively, the “Trademarks”) displayed on the Site, are registered and unregistered trademarks of Medela, Inc. and/or its affiliates. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site without the written permission of Medela, Inc. Your use of the Trademarks, or any other content on the Site, except as provided in these Terms and Conditions of Use, is strictly prohibited. You are also advised that Medela, Inc. will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.
All other name, brands and marks are used for identification purposes only and may be the trademarks or registered trademarks of their respective owners. Medela, Inc. and any party that provided trademarks, service marks, logos, and copyrighted works to Medela, Inc. retain all rights with respect to any of their respective trademarks, service marks, logos, and copyrighted works appearing in this Site.
Any passwords used for the Site are for individual use only. You will be responsible for the security of your password (if any). Medela, Inc. will be entitled, but not obligated, to monitor your password and, at its discretion, require you to change it. If you use a password that Medela, Inc. considers insecure, Medela, Inc. will be entitled, but not obligated, to require the password to be changed and/or terminate your account.
You are prohibited from using any services or facilities provided in connection with this Site to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited. If you become involved in any violation of system security, Medela, Inc. reserves the right to release your details to system administrators at other sites in order to assist them in resolving security incidents. Medela, Inc. reserves the right to investigate suspected violations of these Terms and Conditions of Use.
Medela, Inc. reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing Medela, Inc. to disclose the identity of anyone posting any email messages, or publishing or otherwise making available any materials that are believed to violate these Terms and Conditions of Use. BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS MEDELA, INC. FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY MEDELA, INC. DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER MEDELA, INC. OR LAW ENFORCEMENT AUTHORITIES.
THIRD PARTY Links
The Site may be linked to other sites which are not maintained by, or related to, Medela, Inc. Links to such sites are provided as a service to users and are not sponsored by or affiliated with this Site or Medela, Inc. Medela, Inc. has not reviewed any or all of such sites and is not responsible for the content of those sites. Medela, Inc. is not responsible for webcasting or any other form of transmission received from any linked site. Medela, Inc. is not responsible for and does not endorse the content, products, services or practices of any third party web sites, including, without limitation, any sites framed within this Site or third party advertisements, and does not make any representations regarding their quality, content or accuracy. Your use of third party web sites is at your own risk and subject to the terms and conditions of use for such web sites.
The owner of the Site is based in the State of Illinois, USA. Medela, Inc. makes no representation that materials in the Site are appropriate or available for use in other locations. If you access the Site from other locations, you are responsible for complying with local laws.
Please contact Medela, Inc. at Customer.Service@Medela.com or 1-800-435-8316 if you become aware of any content that may infringe the copyright of a third party or that you believe to be in violation of these Terms and Conditions of Use.
These Terms and Conditions of Use shall be governed in all respects and interpreted in accordance with the laws of the State of Illinois, without regard to its conflicts of law principles, and exclusive jurisdiction over any cause of action arising out of these Terms and Conditions or Use or your use of the Site shall be in the state and federal courts located in or near Cook County, Illinois. You agree to submit to the jurisdiction of such courts.
The headings listed in these Terms and Conditions of Use are provided for convenience only and will not affect their construction or interpretation.
These Terms and Conditions of Use, as they may be amended from time to time, completely and exclusively state the entire agreement between you and Medela, Inc. with respect to the Site, and no other terms that may have been communicated to you orally or in any other manner shall have any force or effect. Any cause of action you may have with respect to the Site must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. If any part of these Terms and Conditions of Use is unenforceable, the unenforceable part shall be construed to reflect, as nearly as possible, the original intentions of the parties. The other provisions of these Terms and Conditions of Use shall remain in full force and effect. Medela, Inc.’s failure to insist upon or enforce strict performance of any provision of these Terms and Conditions of Use shall not constitute a waiver of that provision. Neither a course of dealing or conduct between you and Medela, Inc. nor any trade practices shall be deemed to modify these Terms and Conditions of Use. You agree that no joint venture, partnership, employment or agency relationship exists between you and Medela, Inc. as a result of these Terms and Conditions of Use or use of the Site. A printed version of these Terms and Conditions of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms and Conditions of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Medela, Inc. may at any time revise these Terms and Conditions by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the then current Terms and Condition of Use to which you are bound. Such revised Terms and Conditions of Use will apply to the use of the Site after they are posted. Medela, Inc. may, in its sole discretion, terminate or suspend your access to all or part of the Site with or without notice for any reason, or for no reason, including, without limitation, breach of these Terms and Conditions of Use and Agreement.
These Terms and Conditions of Use were last updated on January 12, 2012.