Web site terms of use

Last updated December 14,12, 2018

 About These Terms of Use

The web site www.nativebionics.com (the “Site”) is operated by Native Bionics Scandinavia AB ("Native Bionics"). Throughout the Site, the terms "we," "us" and "our" refer to Native Bionics. Native Bionics offers this Site, including all information, tools and services available from the Site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated in these terms and conditions.

By accessing and using the Site, you acknowledge that you have read, understood and agreed to the bound by the following terms and conditions (the “Web Site Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Web Site Terms apply to all users of the Site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. Please read these Web Site Terms carefully before accessing or using the Site. If you do not agree to all the terms and conditions herein, then you may not access the Site or use any of the services provided through the Site.

You can review the most current version of the Web Site Terms at any time on this page. We reserve the right to update, change or replace any part of these Web Site Terms by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

If you have any questions about these Web Site Terms or do not wish to accept them, please contact us at

policies@nativebionics.com

or

Native Bionics Scandinavia AB

Wenner-Gren Center, Floor 20

113 46 Stockholm

Sweden

Accuracy, Completeness and Timeliness of Information on This Site

The information contained on the Site is published in good faith and for general information purposes only. The information is provided by Native Bionics, and while we endeavor to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the Site or the information, products, services, or related graphics contained on the Site for any purpose. Any reliance you place on such information is therefore strictly at your own risk.

This Site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this Site at any time, but we have no obligation to update any information on the Site. You agree that it is your responsibility to monitor changes to the Site.

Online Store Terms

Our online store is hosted on Shopify Inc. who provide us with the online e-commerce platform that allows us to sell our products and services to you.

Any orders placed with us and purchases made via the Site are subject to our Online Store Terms [INSERT LINK TO ONLINE STORE TERMS]. By placing an order with us and/or making a purchase via the Site you agree to be bound by our Online Store Terms.

Your Use of the Site and Proprietary Rights

This Site is made available to you for your personal use. We may modify, withdraw or deny access to the Site at any time.

The entire content on this Site, including registered and unregistered trademarks, trade name, logos and services marks (collectively the “Trademarks”), is owned by Native Bionics or its licensors, and is subject to protection under applicable intellectual property laws, including without limitation to copyright protection. Nothing contained on the Site should be construed as granting any license or right to use any Trademark without the written permission of Native Bionics or its licensors. The content on this Site may not be copied other than for non-commercial individual reference. No content on this Site may be modified, transmitted, reproduced, published, licensed, transferred or sold except with the express prior written consent from Native Bionics or the relevant licensor.

User Comments, Feedback and Other Submissions

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, reviews or other materials, whether online, by email, by postal mail, or otherwise (collectively, “Comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any Comments that you forward to us. We are and shall be under no obligation (a) to maintain any Comments in confidence; (b) to pay compensation for any Comments; or (c) to respond to any Comments. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Web Site Terms. You agree that your Comments will not violate any right of any third-party, including copyright, trademark, privacy, or other personal or proprietary right. You further agree that your Comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Site or any related service. You may not use a false e‑mail or other address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any Comments. You are solely responsible for any Comments you make and their accuracy. We take no responsibility and assume no liability for any Comments posted by you or any third-party.

The Site may include user generated content from for example social media applications. We do not claim any ownership in rights to such content (images, photos and videos etc.) and further take no legal responsibility for it. In case you suspect a violation of copyright, or any other right, or otherwise is offended by such content, please contact us.

Prohibited Uses

In addition to other prohibitions as set forth in these Web Site Terms, you are prohibited from using the Site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Site or of any related service; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Site or any related servide. We reserve the right to terminate your use of the Site or any related service for violating any of the prohibited uses.

Privacy, Personal Data and Cookies

By using our Site, you acknowledge that we may collect and further process personal data as set out in our privacy policy [LINK TO PRIVACY POLICY].

Cookies are used on the Site as set out in in our cookie policy [LINK TO COOKIE POLICY].

Links to Other Web Sites and Third-Party Advertising

Through this Site you are able to link to other web sites which are not under the control of Native Bionics. We have no control over the nature, content and availability of those web sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them. Please review carefully the third party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the relevant third party.

Parts of the Site may contain third-party advertising and sponsorship. It is the responsibility of such advertisers and sponsors to ensure that their material complies with all relevant legislation, laws and codes. We will not be liable for any error or inaccuracy contained in any such material.

Other Third-Party Content

The Site may contain views, opinions, statements, and recommendations provided by third-party individuals and organizations. We will be liable or responsible for the such third-party content including the accuracy, integrity, quality or reliability of any communication, advice, opinion, statement, or other information displayed, uploaded, or distributed through the site or for any errors or violations of laws or regulations. You acknowledge that any reliance on any such communication, opinion, advice, statement, or information will be at your own risk.

Optional Tools

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the Site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through the Site (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Web Site Terms.

Indemnification

To the fullest extent permitted by applicable law, you agree to indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable attorney fees and costs) arising out of: (a) your breach of these Web Site Terms; (b) any Comments; (c) any activity in which you engage on or through the Site; and (d) your violation of any law or the rights of a third party.

Disclaimers and Limitation of Liability

All information provided on this Site is provided on an “as is” and “as available” basIS and without any warranties or representations of any kind, either express or implied, including without limitation any and all warranties of merchantability, non-infringement, fitness or suitability for a particular purpose or, or error-free operation. Native Bionics disclaims all liability, for any direct, indirect, special, incidental, exemplary or consequential damages, including damages or costs incurred as a result of loss of time, savings, profits or goodwill, arising out of or in connection with the access or use of this Site, regardless of whether we have been advised of the possibility of any of the foregoing, including without limitation reliance on any content, mistakes or omissions or delays of information to or from any user of the Site, interruptions, telecommunication outage or unauthorized or otherwise illegal access to or use of the Site.

BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS our liability shall be limited to the maximum extent permitted by law.

Force Majeure

Native Bionics shall be exempt from liability for damages and other penalties on the performance of our obligations under these Web Site Terms prevented, hindered or delayed by circumstances beyond our control, such as government intervention, new or amended legislation, war, fire, flood, labor disturbance, prohibitions, restrictions, sabotage, poor transport or weather conditions or lack of delivery from suppliers criminal activity that affects our activities.

Changes to These Web Site Terms

You can review the most current version of the Web Site Terms at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Web Site Terms by posting updates and changes to the Site. Every time you visit the Site, the Web Site Terms in force at that time will apply to your use of the Site.

It is your responsibility to check Site periodically for changes. Your continued use of or access to the Site following the posting of any changes to these constitutes acceptance of those changes.

Jurisdictional and Related Matters

This Site is the corporate site of Native Bionics Scandinavia AB, a company incorporated and located in Sweden. The Site may contain product or service specific information that may or may not be available in any particular country or region of the world, may be available under different trademarks in different countries, and may be cleared or approved by a government regulatory body for sale or use with different restrictions in different countries or regions. In no event shall the information on the Site be construed as a promotion or solicitation for any product or use of product that is not authorized under the laws and regulations of the country where you are located.

Other

The headings used in these Web Site Terms are included for convenience only and will not limit or otherwise affect these Web Site Terms.

Should any provision of these Web Site Terms be found invalid or unenforceable for any reason, then that provision shall be deemed severable from, and shall not affect the validity or enforceability of, the remaining provisions herein.

If you breach these Web Site Terms, and we ignore the breach or breaches, we will still be entitled to use our rights and remedies at a later date or in any other situation where you breach these Web Site Terms.

Entire Agreement

The failure of us to exercise or enforce any right or provision of these Web Site Terms shall not constitute a waiver of such right or provision. These Web Site Terms and any policies or operating rules posted by us on the Site constitute the entire agreement and understanding between you and us and govern your use of the Site, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Web Site Terms). Any ambiguities in the interpretation of these Web Site Terms shall not be construed against the drafting party.

Governing Law

To the maximum extent permitted by law, these Web Site Terms and your use of the Site shall be governed by the substantive laws of Sweden, without reference to its principles on conflicts of laws. To the maximum extent permitted by law, Swedish courts shall have exclusive jurisdiction of any dispute arising from these Web Site Terms and the use of the Site, subject to our right to initiate legal proceedings, including but not limited to prosecution, against a you at your place of residence.