Terms of Use

TERMS OF USE (Last updated March 24, 2018)

This website, located at uniform resource locator www.celios.com (the "Site"), is provided by Celios Corporation (“Celios,” "we," "our," or "us") to the person accessing the Site ("you," or "your").  If you accept or agree to these Terms of Use on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity.

  1. You Agree to These Terms by Using the Site
    Your access to, and use of, the Site is subject to the following Terms of Use and all applicable laws and regulations. By accessing and using the Site, you accept, without limitation or qualification, these Terms of Use. Celios may, at any time and without notice, modify these Terms of Use by revising them on the Site.  Your continued use of the Site constitutes your acceptance of any such revisions.  You should therefore periodically visit this page to review the current Terms of Use.  You may not modify these Terms of Use except in a writing signed by Celios.  If you do not agree and accept, without limitation or qualification, these Terms of Use, you must exit the site immediately.

Additionally, certain features of the Site, such as the Site’s online store, which is used for selling and purchasing Celios products, may require you to agree to additional terms and conditions, most notably the Terms of Purchase and Terms of Sale. 

  1. Permitted Use of the Site; Modifications
    The information and materials on the Site are provided for general informational purposes. You may use the site solely for the purpose of learning about and/or using Celios services or products. You may not use, reproduce or distribute the text, graphics, downloads, tools or any other content on the Site for any other purpose.

Celios reserves the right, at its sole discretion, to modify, discontinue or terminate the Site or any services provided through the Site, or to modify these Terms of Use, at any time and without prior notice. If we modify these Terms of Use, we will post the modification on the Site or provide you with notice of the modification. We will also update the “Last Updated Date”. By continuing to access or use the Site or using any of the services after we have posted a modification on the Site or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms of Use. If the modified Terms of Use are not acceptable to you, your only recourse is to cease using the Site and any services.

  1. User Submitted Content
    The Site may, from time to time offer interactive features that allow users to submit content to the Site. Celios does not and cannot review all such content, and is not responsible for such content.

You acknowledge that by providing the ability to view and distribute your user-generated content on the Site, Celios is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability related thereto. However, Celios reserves the right to block or remove communications or materials that it determines to be unacceptable to Celios in its sole discretion.

Harassment in any manner or form on the Site, including via e-mail, chat, or by use of obscene or abusive language, or posting any obscene or abusive images or text, is strictly forbidden. Impersonation of others, including a Celios employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law.

  1. Notice; Electronic Communications
    When you visit the site or send e-mails to Celios, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
  2. Privacy
    Celios’ Privacy Policy is incorporated and made part of these Terms of Use. You hereby agree to such Privacy Policy. Any personal data (for example, your name, address, telephone number or e-mail address) that you transmit to the Site by electronic mail or otherwise will be used by Celios in accordance with the Privacy Policy. Any other communication or material you transmit to the Site, such as questions, comments, suggestions or the like, will be treated as non-confidential and non-proprietary.
  3. Typographical Errors
    In the event that a service or product is mistakenly listed at an incorrect price or with incorrect specifications, Celios reserves the right to refuse or cancel any orders placed for product or service listed incorrectly, whether or not the order has been confirmed and whether or not you have been charged for such product or service. If your credit card has already been charged for the purchase and your order is cancelled, Celios shall issue you a credit (to your credit card account or otherwise) in the amount of the incorrect price.

    7. Disclaimer - Warranty
    ThE site, its content, materials, SERVICES and products on thE site are provided "as is." To the fullest extent permissible pursuant to applicable law, Celios HEREBY disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement.

Celios does not represent or warrant that the functions contained in the Site will be uninterrupted or error-free, that the defects will be corrected, or that the Site or the server that makes the Site available are free of viruses or other harmful components. Celios does not make any warranties or representations regarding the use of the materials in the Site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.

  1. Indemnification
    You agree to indemnify, defend, and hold harmless Celios, its officers, directors, employees, agents, licensors and suppliers from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these Terms of Use or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
  2. Limitations of Liability
    YOUR USE OF THE SITE IS AT YOUR OWN RISK. NEITHER Celios, NOR ANY OF ITS SUBSIDIARIES, AFFILIATES, OFFICERS OR DIRECTORS, NOR ANY OF ITS AGENTS OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE OR ITS CONTENT, ARE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
  3. Third-Party Links
    In an attempt to provide increased value to our visitors, Celios may link to sites operated by third parties. However, even if the third party is affiliated with Celios, Celios has no control over these linked sites, all of which may have separate privacy and data collection practices, independent of Celios. These linked sites are only for your convenience and therefore you access them at your own risk. Without limiting the foregoing, Celios specifically disclaims any responsibility if such sites: infringe any third party's intellectual property rights; are inaccurate, incomplete or misleading; are not merchantable or fit for a particular purpose; do not provide adequate security; contain viruses or other items of a destructive nature; or are libelous or defamatory.

Celios does not endorse the content, or any products or services available, on such sites.  Nonetheless, Celios seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).

  1. Trademarks
    The following trademarks are our property: Celios™. These marks may not be used without our consent on any product or service, except our own.
  2. Copyright
    Copyright © 2020, Celios Corporation. ALL RIGHTS RESERVED.

All content included on the Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Celios or its content suppliers and protected by United States and international copyright laws. The compilation of all content on the Site is the exclusive property of Celios and protected by United States and international copyright laws. All software used on the Site is the property of Celios or its software suppliers and protected by United States and international copyright laws.  You agree not to change or delete any proprietary notices from materials printed or downloaded from the site.

  1. Copyright Complaints
    Celios respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us at customercare@celios.com.
  2. Export Control
    Software and other materials downloaded or otherwise made available from the Site may be subject to United States Export Control. The United States Export Control laws prohibit the export of certain technical data and software to certain territories. No software from the Site may be downloaded or exported: into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Sudan, Syria, or any other country to which the United States has embargoed goods; or anyone on the United States Treasury Department's list of Specially Designated Nationals or the United States Commerce Department's Table of Deny Orders.

Celios does not authorize the downloading or exportation of any software or technical data from the Site to any jurisdiction prohibited by the United States Export Control Laws.

    1. Law and Jurisdiction
      These Terms of Use and your use of the Site are governed by the laws of the Commonwealth of Massachusetts, without regard to its choice of law provisions. The courts of general jurisdiction located within Boston, Massachusetts, will have exclusive jurisdiction over any and all disputes arising out of, relating to or concerning these Terms of Use and/or the Site or in which these Terms of Use and/or the Site are a material fact.
    2. Assignment
      You may not assign or transfer these Terms of Use, by operation of law or otherwise, without Celios’ prior written consent. Any attempt by you to assign or transfer these Terms of Use, without such consent, will be null and of no effect. Celios may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
    3. Entire Agreement
      These Terms of Use constitute the entire and exclusive understanding and agreement between Celios and you regarding the Site and related services and these Terms of Use supersede and replace any and all prior oral or written understandings or agreements between Celios and you regarding the Site and related services.
    4. Questions and Feedback
      We welcome your questions, comments, and concerns about the Site. Please send us any and all feedback pertaining to the Site to customercare@celios.com.

 

Medical Disclaimer

WE DO NOT PROVIDE ANY PROFESSIONAL MEDICAL, DIAGNOSIS OR TREATMENT ADVICE. YOU ACKNOWLEDGE THAT SOME OF THE CONTENT THAT IS PROVIDED ON THE SITE MAY BE PROVIDED BY INDIVIDUALS IN THE MEDICAL PROFESSION, HOWEVER, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE PROVISION OF SUCH INFORMATION DOES NOT CREATE A PHYSICIAN (OR OTHER MEDICAL PROFESSIONAL) – PATIENT RELATIONSHIP, AND DOES NOT CONSTITUTE AN OPINION, MEDICAL ADVICE OR DIAGNOSIS OR TREATMENT OF ANY PARTICULAR CONDITION. THE SERVICES PROVIDE EDUCATIONAL CONTENT AND INFORMATION AND ARE NOT A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, AND ARE NOT INTENDED TO RENDER A MEDICAL OPINION AND/OR DIAGNOSIS. 

 












 

TERMS OF SALE (Last updated March 24, 2020)

This website, located at uniform resource locator www.celios.com (the "Site"), is provided by Celios Corporation (“Celios,” "we," "our," or "us") to the person accessing the Site ("you," or "your").  By purchasing any products or services on Celios’ website (the “Site”), you, the customer, (“Customer”) accepts, without limitation or qualification, these Terms of Sale governing such purchase. 

Users of the Site must be at least 18 years of age.  Customer represents and confirms, through access and use of this Site, that Customer is at least 18 years of age or older and is fully able and competent to enter into the (i) terms, (ii) conditions, (iii) warranties, and (iv) representations set forth in these Terms of Sale.  Customers under the age of 18, are not permitted to access or use this Site.

If these Terms of Sale are construed to be an offer, this offer expressly limits acceptance by Celios to the terms of this offer and notice of objection to any different or additional terms is hereby given. If these Terms of Sale are construed to be an acceptance of an offer, this acceptance is expressly conditioned upon Celios’ assent to any different or additional terms contained in these Terms of Sale. These Terms of Sale shall constitute the complete agreement with respect to any purchases of products.  If you do not agree and accept, without limitation or qualification, these Terms of Sale, you may not purchase from Celios’ website. 

  1. ACCOUNTS; AMENDMENTS
  1. Accounts. Upon registration of the Customer’s user account, the Customer affirms its acceptance to these Terms of Sale and confirms that it has read and accepted these Terms of Sale. These Terms of Sale will apply to each order that the Customer places through the Site.
  2. Amendments. Celios may, at any time and without notice, modify these Terms of Sale by revising them on the website. Any purchases made after the date of any such modification shall be controlled by the modified version.  Customer should therefore periodically visit this page to review the current Terms of Sale.  Customer may not modify these Terms of Sale except in a writing signed by Celios. 

 

  1. WARRANTY; RETURNS

Warranties for the products are set forth at [insert link].  Celios’ return policies are located at [insert link].

 

THE WARRANTIES DESCRIBED IN THIS AGREEMENT AND ANY PRODUCT DOCUMENTATION COMPRISE Celios’ SOLE AND ENTIRE WARRANTY OBLIGATION AND LIABILITY TO CUSTOMER, ITS CUSTOMERS AND ASSIGNS IN CONNECTION WITH THE PRODUCTS SOLD AND SUPPLIED HEREUNDER. ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXCLUDED.

 

III. LIABILITY

The sole and exclusive remedy of Customer against Celios shall be either the replacement, or issuing of credit, at Celios’ option, without additional charge to Customer for any products that Celios agrees are defective.

 

THE CUSTOMER AGREES THAT NO OTHER REMEDY (INCLUDING, WITHOUT LIMITATION, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES FOR LOST PROFITS, LOST SALES, INJURY TO PERSON OR PROPERTY OR ANY OTHER INCIDENTAL OR CONSEQUENTIAL LOSS) SHALL BE AVAILABLE TO IT WHETHER ARISING UNDER CONTRACT, WARRANTY, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER THEORY OF LIABILITY, AND CUSTOMER FURTHER AGREES TO INDEMNIFY AND TO HOLD Celios HARMLESS FROM ANY LIABILITY OR OBLIGATIONS INCURRED BY OR ASSESSED AGAINST Celios TO OR BY ANY PERSONS INJURED DIRECTLY OR INDIRECTLY IN CONNECTION WITH ANY OF THE PRODUCTS SOLD OR SUPPLIED BY Celios.

 

Celios’ MAXIMUM AGGREGATE LIABILITY TO CUSTOMER FOR ANY SALE OF PRODUCTS SHALL BE LIMITED TO THE DOLLAR AMOUNT OF THE PRODUCT SOLD PURSUANT TO THE TRANSACTION TO WHICH THE LIABILITY RELATES.

 

  1. ORDERS; PAYMENT & DELIVERY

 

  1. Orders and Confirmations. An order placed through the Site is binding on the Customer. Celios reserves the right to decline any order. The Customer is aware that the Site system will submit online queries to Celios order management system and that information provided to the Customer in reply is valid only at the actual time the query is submitted. Consequently, the information may change in the meantime between the query and the delivery of the product. Furthermore, the Customer’s user account may have been subject to restrictions with respect to credit limits and/or quantity of purchases. Any order in excess of such limits will automatically be rejected by Celios. The Site system will not automatically send an order confirmation. If the Customer requires an electronic order confirmation, the Customer may contact Celios Customer service separately.
  2. Delivery Times. Celios aims to meet the delivery times provided to the Customer after an order has been placed. However, Celios reserves the right to adjust the delivery time for the entire or parts of any order. If a Customer wishes not to complete a purchase because of such an adjusted delivery time, then the Customer is entitled to cancel the order with respect to the delayed part. Cancellations must be notified without undue delay. The right to cancel is the only and exclusive remedy available to the Customer because of delays.
  3. Payment Options. Celios accepts payment from qualified Customer through the Site by the following credit cards: Visa, MasterCard and American Express. Celios may also accept open account invoicing to qualified Customers upon credit approval.  Please refer to Celios’ Channel Policy for further information on terms and condition of payment.
  4. Force Majeure. The conditions of a delivery are contingent upon any causes beyond Celios’ control including but not limited to Celios’ inability to acquire the necessary materials, acts of God, war, civil commotion, riots, embargoes, domestic or foreign governmental regulations or orders, forces of elements, epidemics, strikes, labor disputes, machinery breakdowns or shortages of or inability to obtain shipping space or transportation.
  5. Disclaimers. Celios’ OBLIGATIONS HEREUNDER ARE SUBJECT TO CANCELLATION AND/OR RESCISSION BY Celios AT OUR OPTION. RISK OF LOSS, INJURY OR DESTRUCTION OF THE PRODUCTS SHALL PASS TO CUSTOMER UPON DELIVERY TO CARRIER.
  6. Taxes. Sales taxes, use taxes, or similar taxes will be added where imposed. All sales are made in accordance with our standard written policies. Prices and product status are subject to change without notice.

 

  1. GENERAL PROVISIONS

 

  1. Entire Agreement. This writing evidences the entire agreement between the parties and supersedes all prior written or oral representations or agreements. This Agreement may not be altered, modified, or waived orally, by course of performance, course of dealing or usage of trade.
  2. Severability. A holding that any term or condition hereof is void and unenforceable shall not render void or unenforceable any other term or condition.

Governing Law. All questions, disputes or actions arising in connection with this Agreement shall be construed, resolved and governed in accordance with the laws of the Commonwealth of Massachusetts without regard to its conflict of law provisions and excluding the United Nations Convention on the International Sale of Goods.

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