Terms and Conditions

TERMS OF USE

Welcome to the Active Patch Technologies website. Active Patch Technologies provides this website to you subject to the following conditions. By visiting the Active Patch Technologies website (the “Site”), you accept these conditions. Please read them carefully. In addition, when you use any current or future Active Patch Technologies service or business, you also will be subject to the guidelines, terms and agreements (“Terms”) applicable to such service or business. If these conditions are inconsistent with such Terms, the Terms will control.

PRIVACY

Please review our Privacy Policy, which also governs your visit to this Site, to understand our practices.

ELECTRONIC COMMUNICATIONS

When you visit the Site or send e-mails to us, 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 this 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.

COPYRIGHT

All content included on this Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Active Patch Technologies or its content suppliers and protected by United States and international copyright Active Patch Technologies. The compilation of all content on this Site is the exclusive property of Active Patch Technologies and protected by U.S. and international copyright. Active Patch Technologies. All software used on this Site is the property of Active Patch Technologies or its software suppliers and protected by United States and international copyright Active Patch Technologies.

TRADEMARKS

Our graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks or trade dress of Active Patch Technologies in the U.S. and/or other countries. Active Patch Technologies’s trademarks and trade dress may not be used in connection with any product or service that is not Active Patch Technologies’s, in any manner that is likely to cause confusion among customers, intentionally or without intent, or in any manner that disparages or discredits Active Patch Technologies. All other trademarks not owned by Active Patch Technologies that appear on this Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Active Patch Technologies.

PATENTS

One or more patents owned by Amazon.com, Inc. or its affiliates may apply to this Site and to the features and services accessible via this Site. Portions of this Site may operate under license of one or more patents. Click here to see a non-exhaustive list of applicable Amazon patents and applicable licensed patents.

LICENSE AND SITE ACCESS

Active Patch Technologies grants you a limited license to access and make personal use of this Site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Active Patch Technologies. This license does not include any resale or commercial use of this Site or its contents; any derivative use of this Site or its contents; any downloading or copying of account information; or any use of data mining, robots, or similar data gathering and extraction tools. Unless otherwise specified by Active Patch Technologies in a separate license, your right to use any software, data, documentation or other materials that you access or download through the Site (including from Developer Connection) is subject to these Terms of Use or the Active Patch Technologies Customer Agreement if you have an Active Patch Technologies account. This Site or any portion of this Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Active Patch Technologies. 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 Active Patch Technologies without express written consent. You may not use any meta tags or any other “hidden text” utilizing Active Patch Technologies’s name or trademarks without the express written consent of Active Patch Technologies. Any unauthorized use terminates the permission or license granted by Active Patch Technologies. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the Site, so long as the link does not portray Active Patch Technologies, or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Active Patch Technologies logo or other proprietary graphic or trademark as part of the link without express written permission.

YOUR ACCOUNT

If you use this Site, you are responsible for maintaining the confidentiality of your Active Patch Technologies account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Active Patch Technologies reserves the right to refuse service, terminate accounts, remove or edit content in its sole discretion.

REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT

Visitors may post reviews, comments and other content; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Active Patch Technologies reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content. If you do post content or submit material, and unless we indicate otherwise, you grant Active Patch Technologies a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Active Patch Technologies and sub-licensees the right to use the name that you submit in connection with such content, if they choose. You and third parties may be permitted to upload certain software, applications, libraries, data, sample code and other code to community areas of the Site, including Developer Connection (“Third Party Software”). You acknowledge that (a) Active Patch Technologies has not tested or screened Third Party Software, (b) you use any Third Party Software is at your sole risk, and (c) Third Party Software may be subject to separate license terms as determined by the person posting such content. You represent and warrant that you own or otherwise control all of the rights to the content, including any Third Party Software, that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Active Patch Technologies for all claims resulting from content you supply. Active Patch Technologies has the right but not the obligation to monitor and edit or remove any activity or content. Active Patch Technologies takes no responsibility and assumes no liability for any content posted by you or any third party.

COPYRIGHT COMPLAINTS

Active Patch Technologies respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please follow our Notice and Procedure for Making Claims of Copyright Infringement.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

This site and all information, content, materials, products (including any software) and services included on or otherwise made available to you through this site are provided by active patch technologies on an “as is” and “as available” basis, unless otherwise specified in writing. All topical patches are not clinically tested or known to have any efficacy beyond that of a placebo topical patch. Active Patch Technologies makes no representations or warranties of any kind, express or implied, as to the operation of this site or the information, content, materials, products (including any software) or services Included on or otherwise made available to you through this site, unless otherwise specified in writing. You expressly agree that your use of this site is at your sole risk. To the full extent permissible by applicable law, active patch technologies disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Active Patch Technologies does not warrant that this site; information, content, materials, products (including any software) or services included on or otherwise made available to you through this site; its servers; or e-mail sent from Active Patch Technologies are free of viruses or other harmful components. Active Patch Technologies will not be liable for any damages of any kind arising from the use of this site or from any information, content, materials, products (including software) or services included on or otherwise made available to you through this site, including, but not limited to direct, indirect, incidental, punitive, and consequential damages, unless otherwise specified in writing. Certain state active patch technologies do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these active patch technologies apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights. All topical patches are not clinically tested or known to have any efficacy beyond that of a placebo topical patch.

APPLICABLE LAW

By visiting this Site, you agree that the Active Patch Technologies of the state of Nevada, without regard to principles of conflict of Active Patch Technologies, will govern these Terms of Use and any dispute of any sort that might arise between you and Active Patch Technologies.

DISPUTES

Any dispute relating in any way to your visit to the Site or to services provided by Active Patch Technologies or through the Site in which the aggregate total claim for relief sought on behalf of one or more parties exceeds $7,500 shall be adjudicated in any state or federal court in Las Vegas, Nevada, and you consent to exclusive jurisdiction and venue in such courts.

SITE POLICIES, MODIFICATION, AND SEVERABILITY

Please review our other policies on this Site. These policies also govern your visit to the Site. We reserve the right to make changes to our Site, policies, and these Terms 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.


Active Patch Technologies
Unit 225-1425 Marine Drive
West Vancouver, B.C.
V7T 1B8
Unit 250 - 1621 Alton Parkway
Irvine, CA

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