Legal Statement
Last updated on [February 3 2006].
PLEASE READ THESE TERMS AND CONDITIONS (“TERMS AND CONDITIONS”) CAREFULLY BEFORE USING THIS SITE AND OUR OTHER WEBSITES, TOOLS, APPLICATIONS AND MOBILE APPS (ALTOGETHER, THE “SITE”).
THE SITE IS INTENDED ONLY FOR RESIDENTS OF SINGAPORE AGE 21 AND OLDER.
By using this Site, you confirm that you are accessing the Site from and are a resident of Singapore age 21 or older. Your use of this Site and the information available on this Site are subject to the following Terms and Conditions:
Ownership – This Site, is owned, operated and maintained by Avent, Inc., a wholly owned subsidiary of Avanos Medical, Inc. [NYSE: AVNS] (“Avanos”) and has been created for your information, education, entertainment and communication. This Site and all perceptible components hereof, including, without limitation, text, images, videos, software code, designs, databases and audio, are subject to copyright owned by Avanos, database rights and related rights.
Restrictions on Use – This Site is available only for your personal, non-commercial use. You may not copy, reproduce, republish, post, extract, distribute, store, transmit or modify in any way all or any part of this Site. You must only use the Site as permitted by these Terms and Conditions. The content on this Site and any associated data are provided for viewing by human users only. We do not consent to the use of the content or data on the Site for the purposes of any automated or manual web scraping, crawling or text and data mining under any statutory or regulatory exemption. We will take legal action to enforce our rights in the event of any unauthorised use.
Trademark Notice – All names, logos and trademarks are the property of Avanos, and you may not use any of such materials for any purpose without the express written agreement of Avanos.
Disclosure and Use of Your Communications – Postings to this Site and electronic mail delivered to Avanos are not confidential and Avanos shall not be responsible for any use or disclosure thereof. All communications and other materials (including, without limitation, unsolicited ideas, suggestions or materials) you send to this Site or to Avanos by electronic mail are, and shall remain, the sole and exclusive property of Avanos and may be used by Avanos for any purpose whatsoever, commercial or otherwise, without compensation. To the fullest extent permitted by law, you hereby assign to Avanos all intellectual property rights in and to all such communications and materials. You also agree not to exercise any moral rights (including the right of authorship, the right to integrity, and the right to disclosure) against Avanos or any third party designated by Avanos.
Suspension of the Site – Avanos does not guarantee that the free of charge elements of the Site will always be available or be uninterrupted.
Avanos’s Responsibility to You – You agree that access to and use of this Site and its content is at your own risk. Avanos disclaims all warranties, express or implied, including warranties of merchantability or fitness for a particular purpose. Avanos does not exclude or limit its liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence and for fraud or fraudulent misrepresentation. TO THE EXTENT PERMISSIBLE BY LAW, AVANOS SHALL NOT BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION, DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR PUNITIVE DAMAGES, ARISING OUT OF ACCESS TO, USE OF OR INABILITY TO USE THE SITE, OR ANY ERRORS OR OMISSIONS IN ITS CONTENT AND DAMAGES TO, OR FOR ANY VIRUSES THAT INFECT YOUR EQUIPMENT. You agree not to use our Site for any commercial or business purposes, and AVANOS WILL HAVE NO LIABILITY TO YOU FOR ANY LOSS OF PROFIT, LOSS OF BUSINESS, BUSINESS INTERRUPTION OR LOSS OF BUSINESS OPPORTUNITY. IN ADDITION, AVANOS HAS NO DUTY TO UPDATE THIS SITE OR THE CONTENT HEREOF IN RESPECT OF THE FREE OF CHARGE ELEMENTS, AND AVANOS SHALL NOT BE RESPONSIBLE FOR ANY FAILURE TO UPDATE SUCH INFORMATION. FURTHER, AVANOS IS NEITHER RESPONSIBLE NOR LIABLE FOR YOUR USE OF OTHER WEBSITES THAT YOU MAY ACCESS VIA CERTAIN LINKS WITHIN THIS SITE, INCLUDING LINKS TO SOCIAL MEDIA PLATFORMS. Third party links and other “resources” referenced on this Site do not constitute an endorsement by or affiliation with Avanos.
Other – Avanos, in its sole discretion, reserves the right to (1) change these Terms and Conditions, (2) monitor and remove postings, and (3) discontinue Site availability at any time without notice. If any term, condition or provision is determined to be unlawful, invalid, void or for any reason unenforceable, the validity and enforceability of the remaining terms, conditions and provisions shall not in any way be affected or impaired thereby.
Jurisdiction – The products referred to in this Site are available in Singapore and may not be available in another country. This Site is controlled and operated by Avanos, and Avanos makes no representation that the information and materials in this Site, including, without limitation, the information and other materials promoting the products identified herein, are appropriate or available for use in other locations. These Terms and Conditions are governed by the laws of Singapore without regard to its conflicts of laws principles.
MANDATORY ARBITRATION AGREEMENT – ANY DISPUTE, CLAIM, OR CONTROVERSY RELATING IN ANY WAY TO THESE TERMS AND CONDITIONS, YOUR USE OF THIS SITE, OR ANY PRODUCT OR SERVICE YOU OBTAIN THROUGH THE SITE—IRRESPECTIVE OF WHEN THAT DISPUTE, CLAIM, OR CONTROVERSY AROSE— SHALL BE RESOLVED SOLELY BY FINAL AND BINDING ARBITRATION RATHER THAN IN COURT. The arbitration shall be administered in Singapore by the Singapore International Arbitration Center in accordance with its rules in effect at the time of arbitration using three (3) arbitrators and the English language.
Severability – If any part of the Terms and Conditions or any part of a provision, including any part of the “Mandatory Arbitration Agreement” section, is found illegal or unenforceable, the remainder will remain in full force and effect along with the remaining provisions of the Terms and Conditions and an enforceable term will be substituted reflecting our intent as closely as possible.
By using this Site, you consent to the foregoing Terms and Conditions. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT USE THIS SITE.
