Cerasis® Terms of Service
Welcome to the Cerasis® website. Cerasis, Inc. ("Cerasis," "us" or "we") is the owner and operator of the Cerasis® website and brand. The following terms and conditions (together with any documents referred to in them) (collectively, these "Terms of Use") apply to your use of our website, any other links through social media platforms such as Facebook or Twitter, as well as the use of our mobile application, Cerasis® mobile TMS, and any content, functionality, and services offered, including Cerasis® Rater®, at http://cerasis.com/ (the "Site").
We may revise and update these Terms of Use from time to time in our sole discretion, and will post any updates to the Terms of Use on the Site. Your continued use of the Site following the posting of revised Terms of Use means that you accept and agree to the changes.
Access
To communicate with us through the Site, you may be asked to provide certain information. You represent and warrant that all information provided by you is accurate and complete. Our Privacy Policy (located here) describes the personal information we collect, use, manage, disclose, and share. You may also communicate with us through comments or other interactive content on the site. These Terms of Use dictate your conduct when interacting on the Site.
With your use of certain services and our mobile application, you may be asked to set up an account with us and you are responsible for keeping your account log in information private. Included in your account information will be your first and last name, email address and password. You may deactivate your account at any time by contacting us or you must follow the steps on the Site. The deactivation of your account may affect our ability to provide services to you. You may not allow any other person or entity to use your name, password or any aspect of your account with us. By creating an account with Cerasis®, you are certifying that you have the full legal authority to register with your name, email address and password. We are not liable for any damages, injury, losses or harm caused by or related to the theft, appropriation, or your misuse or disclosure of your account information to any other individual or entity.
We reserve the right to withdraw or amend the Site and any service or material we provide on the Site, in our sole discretion, without notice. We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Site, or the entire Site. You are responsible for ensuring that all persons who access the Site through your internet connection are aware of these Terms of Use, and that they comply with them.
Other Links from the Site and Social Media Widgets
The Site may contain other links to websites and resources provided by third parties. These links are provided for your convenience only. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. We do not control, monitor, maintain, or access the personal information you may provide to that other site when purchasing our products. That site may contain privacy policies and terms of use that are different from our policies, and you should review those policies before providing personal information.
The Site may also contain certain social media icons or widgets. Although you can view the material we have linked to, you may have to create an individual account or register to use these third party social media sites to use interactive features. Any interaction on social media websites is governed by the terms of use and privacy policy of the particular platform.
Prohibited Uses
You may use the Site only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Site in any way that violates any applicable federal, state, local, and international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
Cerasis® Trademarks
The Cerasis® name and all related names, logos, product and service names, designs, and slogans are trademarks of Cerasis or its licensors. You must not use such marks without our prior written permission. All other names, brands, and marks are used for identification purposes only and are the trademarks of their respective owners.
Copyright Infringement
If you believe that any content on the Site violates your copyright, please provide us with the following information as required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, (“DMCA”) 17 U.S.C. § 512: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (b) a description of the copyrighted work that you claim has been infringed; (c) a description of where the material that you claim is infringing is located on the Site; (d) your name, physical address, telephone number, and email address; (e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, his/her/its agent, or the law; and (f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Notices with respect to the Site should be sent to:
Cerasis, Inc.
PO Box 21248
Eagan, MN 55121
800-734-5351
Email: concerns@cerasis.com
Reliance on Information Posted
The information presented on or through the Site is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. We may update the Site from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Site may be out of date at any given time, and we are under no obligation to update such material. Any reliance you place on information presented on or through the Site is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site, or by anyone who may be informed of any of its contents.
Limitation on Liability
IN NO EVENT WILL WE, OUR AFFILIATES, DISTRIBUTORS, LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
IN NO EVENT WILL OUR AGGREGATE LIABILITY, OR THAT OF OUR OFFICERS, GOVERNORS, EMPLOYEES, AND AGENTS, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE OR FROM THE USE OF SITE CONTENT EXCEED ONE HUNDRED DOLLARS ($100). THIS LIMITATION IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND US. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR CERTAIN WARRANTIES OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE DISCLAIMERS AND LIMITATIONS MAY NOT APPLY TO YOU.
Governing Law, Venue and Jurisdiction
The existence of the Site is not intended and should not be construed to mean that we are conducting business in all states of the United States of America, or that we consent to submit to the personal jurisdiction of the state or federal courts in any state in the United States, except the State of Minnesota. These Terms of Use shall be treated as though they were executed and performed in Minnesota, and shall be governed by and construed in accordance with the laws of the State of Minnesota and the laws of the United States without regard to conflict of law principles. You agree that any claim or dispute you may have arising out of or related to the Site including, without limitation, your use of the Site, your information provided to the Site, and/or these Terms of Use, the Privacy Policy, and any legal notices on this Site must be instituted within one (1) year after the claim arose (if multiple claims, from the date the first claim arose) or be forever waived and barred. You agree that you will bring any claims in, and submit to the exclusive jurisdiction of, the state and federal courts located in the County of Hennepin, in the State of Minnesota.
Entire Agreement
The Terms of Use and our Privacy Policy, together with any amendments and any additional agreements you may enter into with us in connection with the Site, constitute the sole and entire agreement between you and us with respect to the Site and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the Site.