CONDITIONS OF USE

Last updated: August 1, 2020

Welcome to KwivikMedical.com. Kwivik Therapeutics Inc and/or its affiliates ("Kwivik" or “we” or “us”) provide website features and other products and services to you when you visit or shop at KwivikMedical.com, use Kwivik products or services, use Kwivik applications or use software provided by Kwivik in connection with any of the foregoing (collectively, "Kwivik Services"). By using the Kwivik Services, you agree, on behalf of yourself and all members of your household and others who use any Service under your account, to the following conditions.

Please read these conditions carefully.

We offer a range of Kwivik Services, and sometimes additional terms may apply. When you use a Kwivik Service you also will be subject to the guidelines, terms and agreements applicable to that Kwivik Service ("Service Terms"). If these Conditions of Use are inconsistent with the Service Terms, those Service Terms will control.

PRIVACY

Please review our Privacy Policy, which also governs your use of Kwivik Services, to understand our practices.

ELECTRONIC COMMUNICATIONS

When you use Kwivik Services, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site or through the other Kwivik Services, such as our Message Center, and you can retain copies of these communications for your records. 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.

COPYRIGHT

All content included in or made available through any Kwivik Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of Kwivik or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through any Kwivik Service is the exclusive property of Kwivik and protected by U.S. and international copyright laws.

TRADEMARKS

Kwivik owns a list of trademarks. In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through any Kwivik Service are trademarks or trade dress of Kwivik in the U.S. and other countries. Kwivik's trademarks and trade dress may not be used in connection with any product or service that is not Kwivik's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Kwivik. All other trademarks not owned by Kwivik that appear in any Kwivik Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Kwivik.

PATENTS

One or more patents owned by Kwivik apply to the Kwivik Services and Kwivik’s proprietary products. Portions of the Kwivik Services may operate under license of one or more patents. Click here to see a non-exhaustive list of applicable Kwivik patents and applicable licensed patents.

LICENSE AND ACCESS

Subject to your compliance with these Conditions of Use and any Service Terms, and your payment of any applicable fees, Kwivik or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Kwivik Services. This license does not include any resale or commercial use of any Kwivik Service, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any Kwivik Service or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by Kwivik or its licensors, suppliers, publishers, rightsholders, or other content providers. No Kwivik Service, nor any part of any Kwivik Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Kwivik. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Kwivik without express written consent. You may not use any meta tags or any other "hidden text" utilizing Kwivik's name or trademarks without the express written consent of Kwivik. You may not misuse the Kwivik Services. You may use the Kwivik Services only as permitted by law. The licenses granted by Kwivik terminate if you do not comply with these Conditions of Use or any Service Terms.

APPLICABLE LAW

By using any Kwivik Service, you agree that applicable federal law, and the laws of the state of Texas, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Kwivik.

 

 

SITE POLICIES, MODIFICATION, AND SEVERABILITY

Please review our other policies, such as our pricing policy, posted on this site. These policies also govern your use of Kwivik Services. We reserve the right to make changes to our site, policies, Service Terms, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

 

HOW TO SERVE A SUBPOENA OR OTHER LEGAL PROCESS

Kwivik accepts service of subpoenas or other legal process only through Kwivik’s national registered agent, Business Filings Incorporated. Subpoenas or other legal process may be served by sending them to Business Filings Incorporated at the following address:

 

Business Filings Incorporated

108 West 13th Street

Wilmington , Delaware , 19801

United States

Phone: 866 809 1134

Fax: 302- 655-3694

Email: agent@bizfilings.com

 

Please note also that providing detailed and accurate information at the outset will facilitate efficient processing of your request. That information will include, for example, e-mail and/or credit card number used to make purchases for retail purchase information; the name, e-mail, IP address and complete time stamps.