Last Updated: October 11, 2021
These terms require the use of arbitration (Section 13) on an individual basis to resolve disputes, rather than jury trials or class actions, and also limit the remedies available to you in the event of a dispute.
- Access to and Use of this Website. The information provided on this website is for general information purposes, and is subject to this Agreement. We may revise or modify this Agreement at any time, impose new conditions for use of this website or modify, suspend, discontinue (in whole or in part), or restrict access to some parts of this website. Such changes, revisions or modifications shall be effective immediately upon notice to you, which may be given by any means, including, posting on this website. If you use this website after such notice, you shall be deemed to have accepted the changes, revisions or modifications. You agree that we will not be liable to you or to any third party for any modification, suspension, or discontinuation of this website or any part thereof. Unless otherwise indicated, any future release, update, or other addition to functionality of this website shall be subject to this Agreement. You acknowledge and agree that we will have no obligation to provide you with any support or maintenance in connection with this website.
- Information on the website. Product or research information on this website is intended for general informational purposes only. This website does not provide instruction on the efficacy or appropriate use of any product or service of ShouTi Inc. or its subsidiaries or affiliates (referred to together as “ShouTi”) or its licensors. The information presented on this website should not be interpreted or construed in any way as providing medical advice or as a replacement or substitute for medical advice provided by your doctor or healthcare provider. It is important for you to discuss your treatment options, and any questions that you may have, with your doctor or healthcare provider. You should not use this website to diagnose or treat a health problem or disease. ShouTi expressly disclaims any liability resulting from a user’s reliance on information on the website.
- Intellectual Property. The copyrights and all other intellectual property rights in this website belongs to ShouTi. The contents of this website may not be copied other than for noncommercial purposes with all copyright, trademark, or other proprietary notices retained, and may not be recopied, reproduced or otherwise redistributed. You may not otherwise copy, display, download, distribute, modify, reproduce, republish or retransmit any information, text, documents or other postings contained in this website or any portion thereof in any electronic medium or in hard copy, or create any derivative work based on such images, text, documents, or other postings, without the express written consent of ShouTi. You may not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the website except to the extent the foregoing restrictions are expressly prohibited by applicable law, and you may not use any manual or automated software, devices or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools or the like) to “scrape” or download data from any web pages contained in the website (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the website for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials). All product names, whether or not appearing in large print or with a trademark symbol, are trademarks of ShouTi or its licensors or joint venture partners, unless otherwise noted. Nothing in this website shall be construed as conferring by implication, estoppel or otherwise any license or right under any patent, copyright, trademark or other intellectual property right of ShouTi, its agents, licensors, partners, or any third party. ShoutTi and its suppliers reserve all rights not granted in this Agreement.
- Acceptable Use Policy. You agree not to: (i) use this website to harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent; (ii) interfere with, disrupt, or create an undue burden on servers or networks connected to this website, or violate the regulations, policies or procedures of such networks; (iii) attempt to gain unauthorized access to this website (or to other computer systems or networks connected to or used together with this website), whether through password mining or any other means; (iv) harass or interfere with any other user’s use and enjoyment of this website; or (v) use software or automated agents or scripts to produce multiple accounts on this website, or to generate automated searches, requests, or queries to (or to strip, scrape, or mine data from) this website (provided, however, that we conditionally grant to the operators of public search engines revocable permission to use spiders to copy materials from this website for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials, subject to the parameters set forth in our robots.txt file). We reserve the right (but have no obligation) to investigate and/or take appropriate action against you in our sole discretion if you violate the Acceptable Use Policy or any other provision of this Agreement or otherwise create liability for us or any other person. Such action may include reporting you to law enforcement authorities.
- Feedback. If you provide us with any feedback or suggestions regarding this website (“Feedback”), you hereby assign to us all rights in such Feedback and agree that we shall have the right to use and fully exploit such Feedback and related information in any manner we deem appropriate. We will treat any Feedback you provide to us as non-confidential and non-proprietary. You agree that you will not submit to us any information or ideas that you consider to be confidential or proprietary.
- Linking to the Website. Unless otherwise set forth in a written agreement between you and ShouTi, you must adhere to ShouTi’s linking policy as follows: (i) any link to a ShouTi website must be a text only link clearly marked “ShouTi website;” (ii) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with ShouTi’s names and trademarks; (iii) the link must “point” to the root domain name of this website and only to the home page and not to other pages within this website; (iv) the appearance, position and other attributes of the link may not create the false appearance that your organization or entity is sponsored by, affiliated with, endorsed by or associated with ShouTi; (v) when selected by a user, the link must display this website on full-screen and not within a “frame” on the linking website; and (vi) ShouTi reserves the right to revoke its consent to the link at any time and in its sole discretion.
- Indemnification. You agree to indemnify and hold ShouTi (and its officers, employees, and agents) harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (a) your use of this website, (b) your violation of this Agreement; or (c) your violation of applicable laws or regulations. ShouTi reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of ShouTi. ShouTi will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
- Third-Party Links, Applications & Ads. This website may contain links to third-party websites and services, applications and/or display advertisements for third parties (collectively, “Third-Party Links, Applications & Ads”). Such Third-Party Links, Applications & Ads are not under the control of ShouTi, and ShouTi is not responsible for any Third-Party Links, Applications & Ads. ShouTi provides access to these Third-Party Links, Applications & Ads only as a convenience to you, and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Links, Applications & Ads. You use all Third-Party Links, Applications & Ads at your own risk, and should apply a suitable level of caution and discretion in doing so. When you click on any of the Third-Party Links, Applications & Ads, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such Third-Party Links, Applications & Ads.
- Release. You hereby release and forever discharge ShouTi (and our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, this website (including any interactions with, or act or omission of, other users or any Third-Party Links, Applications & Ads). If you are a California resident, you hereby waive California Civil Code 1542 in connection with the foregoing, which states, “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
- Investment Disclaimer. All content on this website is for informational purposes only and no content is intended to be relied upon for trading or investment purposes. ShouTi will not be responsible for any trading or investment decisions made based on such content. Neither this website nor the information contained herein constitutes or is intended to constitute an invitation or offer to invest or deal in the securities of ShouTi.
- Disclaimer of Warranties. While ShouTi uses reasonable care to include accurate and up-to-date information, or other postings on this website, please note that ShouTi cannot guarantee that any information posted on this website is accurate or up-to-date and shall not be liable for any losses or damage that you may incur as a result of relying on such information. By using this website, you accept the information provided herein “AS IS.” ShouTi MAKES NO EXPRESS OR IMPLIED WARRANTY OR CONDITION REGARDING THE ACCURACY, CONTENT, COMPLETENESS, RELIABILITY, OPERABILITY, OR LEGALITY OF INFORMATION CONTAINED WITHIN THE WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THIS WEBSITE, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF FIRST USE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
- Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL ShouTi OR ITS AGENTS, PARTNERS OR LICENSORS BE LIABLE TO YOUR OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST DATA, COSTS OF PROCUREMENT OF SUBSTITTE PRODCTS, OR ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING FROM OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE WEBSITE, OR IN CONNECTION WITH THE USE OF INFORMATION OR MATERIALS CONTAINED ON THE WEBSITE, WHETHER IN AN ACTION OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, OR OTHER TORTIOUS ACTION, EVEN IF ShouTi HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION ALSO INCLUDES A DISCLAIMER OF ANY DAMAGES TO YOUR COMPUTER EQUIPMENT OR DUE TO ANY VIRUSES THAT MAY INFECT YOUR HARDWARE OR SOFTWARE. ACCESS TO, AND USE OF, THIS WEBSITE IS AT YOUR OWN DISCRETION AND RISK.TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO A MAXIMUM OF FIFTY US DOLLARS (U.S. $50). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. YOU AGREE THAT OUR SUPPLIERS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THIS AGREEMENT.SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
- TERM AND TERMINATION. Subject to this Section, this Agreement will remain in full force and effect while you use this website. We may suspend or terminate your rights to use this website at any time for any reason at our sole discretion, including for any use of the website in violation of this Agreement. Upon termination of your rights under this Agreement, your right to access and use this website will terminate immediately. ShouTi will not have any liability whatsoever to you for any termination of your rights under this Agreement. Even after your rights under this Agreement are terminated, the following provisions of this Agreement will remain in effect: Sections 3, 4, 5, 7, 8, 9, 10, 11 12, 13, 14.
- Dispute Resolution. PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS.
- Any and all controversies, disputes, demands, counts, claims, or causes of action (including the interpretation and scope of this clause, and the arbitrability of the controversy, dispute, demand, count, claim, or cause of action) between you and ShouTi and our employees, agents, successors, or assigns, regarding or relating to this website or this Agreement shall exclusively be settled through binding and confidential arbitration.
- Arbitration shall be subject to the Federal Arbitration Act and not any state arbitration law. The arbitration shall be conducted before one commercial arbitrator with substantial experience in resolving commercial contract disputes from the American Arbitration Association (“AAA”) or JAMS. As modified by this Agreement, and unless otherwise agreed upon by the parties in writing, the arbitration will be governed by the AAA’s or JAMS’s rules for commercial arbitration and, if the arbitrator deems them applicable, the procedures for consumer-related disputes.
- You are thus GIVING UP YOUR RIGHT TO GO TO COURT to assert or defend your rights EXCEPT for matters that may be taken to small claims court. Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury. You are entitled to a FAIR HEARING, BUT the arbitration procedures are SIMPLER AND MORE LIMITED THAN RULES APPLICABLE IN COURT. Arbitrator decisions are as enforceable as any court order and are subject to VERY LIMITED REVIEW BY A COURT.
- You and we must abide by the following rules: (1) ANY CLAIMS BROUGHT BY YOU OR US MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING; (2) THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, AND MAY NOT AWARD CLASS-WIDE RELIEF, (3) in the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to costs of litigation, we will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to the cost of litigation, (4) we also reserve the right in our sole and exclusive discretion to assume responsibility for all of the costs of the arbitration; (5) the arbitrator shall honor claims of privilege and privacy recognized at law; (6) the arbitrator’s award shall be final and may be enforced in any court of competent jurisdiction; (7) the arbitrator may award any individual relief or individual remedies that are permitted by applicable law; and (8) each side pays its own attorneys’ fees and expenses unless there is a statutory provision that requires the prevailing party to be paid its fees’ and litigation expenses, and then in such instance, the fees and costs awarded shall be determined by the applicable law.
- Notwithstanding the foregoing, either you or we may bring an individual action in small claims court. Further, claims of infringement or misappropriation of the other party’s patent, copyright, trademark, or trade secret shall not be subject to this arbitration agreement. Such claims shall be exclusively brought in the state or federal courts located in San Francisco, California. Additionally, notwithstanding this agreement to arbitrate, either party may seek emergency equitable relief before the state or federal courts located in San Francisco, California in order to maintain the status quo pending arbitration, and hereby agree to submit to the exclusive personal jurisdiction of the courts located within San Francisco, California for such purpose. A request for interim measures shall not be deemed a waiver of the right to arbitrate.
- With the exception of subparts (1) and (2) in Section 13(d) above (prohibiting arbitration on a class or collective basis), if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Agreement, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, either subparts (1) and (2) in Section 13(d) (prohibiting arbitration on a class or collective basis) is found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void, and neither you nor we shall be entitled to arbitration. If for any reason a claim proceeds in court rather than in arbitration, the dispute shall be exclusively brought in state or federal court in San Francisco, California.
- Notwithstanding any provision in this Agreement to the contrary, if we seek to terminate the Dispute Resolution section as included in this Agreement, any such termination shall not be effective until 30 days after the version of this Agreement not containing the agreement to arbitrate is posted to this website, and shall not be effective as to any claim of which you provided us with written notice prior to the date of termination.
- For more information on AAA, its Rules and Procedures, and how to file an arbitration claim, you may call AAA at 800-778-7879 or visit the AAA website at http://www.adr.org. For more information on JAMS, it’s Rules and Procedures, and how to file an arbitration claim, you may call JAMS at 800-352-5267 or visit the JAMS website at http://www.jamsadr.com.
- Any and all controversies, disputes, demands, counts, claims, or causes of action between you and ShouTi and our employees, agents, successors, or assigns, regarding or relating to this Agreement or this website shall exclusively be governed by the internal laws of the State of California, without regard to its choice of law rules and without regard to conflicts of laws principles except that the arbitration provision shall be governed by the Federal Arbitration Act. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement.
- Export.This website may be subject to U.S. export control laws and may be subject to export or import regulations in other countries. You agree not to export, reexport, or transfer, directly or indirectly, any U.S. technical data acquired from ShouTi, or any products utilizing such data, in violation of the United States export laws or regulations.
- Disclosures.ShouTi Inc. is located at the address in Section 14(d). If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Product of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
- Entire Terms. This Agreement constitutes the entire agreement between you and us regarding the use of this website. Our failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation.” If any provision of this Agreement is, for any reason, held to be invalid or unenforceable, the other provisions of this Agreement will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Your relationship to ShouTi is that of an independent contractor, and neither party is an agent or partner of the other. This Agreement, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without ShouTi’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. ShouTi may freely assign this Agreement. The terms and conditions set forth in this Agreement shall be binding upon assignees.
- Contact Information:
- Electronic Communications. The communications between you and ShouTi use electronic means, whether you use the website or send us emails, or whether ShouTi posts notices on the website or communicates with you via email. For contractual purposes, you (a) consent to receive communications from ShouTi in an electronic form; and (b) agree that all conditions, agreements, notices, disclosures, and other communications that ShouTi provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.