TERMS OF USE

TERMS OF USE.

seca GmbH & Co. provides its websites accessible at www.seca.com and www.secashop.com, (individually or collectively, the “Website”) to you subject to the following Terms of Use.

BY USING THE WEBSITE IN ANY WAY OR BY AGREEING TO PROVIDE SUBMISSIONS TO SECA, YOU ARE AGREEING TO THE TERMS OF USE BELOW AS WELL AS THE PRIVACY POLICY, AS THEY MAY BE UPDATED AND AMENDED FROM TIME TO TIME. SHOULD YOU OBJECT TO ANY TERM OR CONDITION OF THE TERMS OF USE OR PRIVACY POLICY, YOU MAY NOT ACCESS OR USE THE WEBSITE AND YOU SHOULD NOT AGREE TO PROVIDE SUBMISSIONS TO SECA.

seca may modify this terms of use at any time without notice, effective upon its posting to the Website. Your continued use of the Website constitutes your acceptance to the updated Terms of Use. seca has the right, but is not obligated, to strictly enforce the Terms of Use through self-help, community moderation, active investigation, litigation and prosecution.

TRADEMARKS

seca trademarks displayed on this Website are trademarks or registered trademarks of seca and its affiliated companies in the United States and internationally. All use prohibited.

OWNERSHIP OF WEBSITE CONTENT

The Website is protected to the maximum extent permitted by copyright and intellectual property rights law and international treaties. All content displayed on or through the Website including but not limited to videos, photos, blogs, forums, product descriptions, data sheets, FAQs is owned exclusively by seca and/or its affiliated companies and/or suppliers and/or licensors and is protected by copyright or other laws, including as a collective work and/or compilation, pursuant to copyrights laws, and international conventions. Any reproduction, modification, display or creation of derivative works from or redistribution of the Website, any content on the Website or the collective work, and/or copying is prohibited including but not limited to reproduction to any other server or location for further reproduction or redistribution, unless you have the express prior written permission of seca. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Website.

You may not use the Website for any commercial purposes, including the promotion or advertisement of any goods, services or opportunities, and you may not use the Website to solicit other Website visitors or users to visit or become members of, subscribe to, or register with any commercial online service or other organization, and/or collect or store personal data or attempt to collect or store personal data about other users of the Website.

FEEDBACK

Any questions, comments, suggestions, or other information about seca products or services submitted to seca through this Website (“Feedback”) shall be deemed non-confidential and non-proprietary. seca shall be free to use, reproduce, disclose and distribute such Feedback in any manner without limitation. seca specifically prohibits you from sending us any information that you consider to be confidential or proprietary through this Website. Please note that if you do send us any such information or material, the information will be non-confidential and non-proprietary and we can fully exploit the information without any obligation or liabilities to you.

FEEDBACK AND USER CONTENT

You understand that all Feedback posted on, transmitted through, or linked from the Website, is the sole responsibility of the person from whom such Feedback originated. You understand that seca does not control, and is not responsible for Feedback made available through the Website and that by using the Website, you may be exposed to Feedback that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. seca expressly disclaims any liability for such Feedback.

You agree that you must evaluate, and bear all risks associated with, the use of any Feedback, that you may not rely on said Feedback, and that under no circumstances will seca be liable in any way for any Feedback or for any loss or damage of any kind incurred as a result of the use of any Feedback posted, emailed or otherwise made available. You acknowledge that seca does not pre-screen or approve Feedback, but that seca shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Feedback for any reason.

USER CONDUCT

You agree not to transmit to seca any information or post, email, or otherwise make any submission that: (i) is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another's privacy, or is harmful to minors in any way; (ii) is pornographic or depicts a human being engaged in actual sexual conduct; (iii) harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability; (iv) impersonates any person or entity, including, but not limited to, a seca employee, or falsely states or otherwise misrepresents your affiliation with a person or entity; (v) that includes personal or identifying information about another person without that person's explicit consent; (vi) is false, deceptive, misleading, or deceitful; (vii) infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or submissions that you do not have a right to make available under any law or under contractual or fiduciary relationships; (viii) that constitutes or contains "affiliate marketing," "link referral code," "junk mail," "spam," "chain letters," "pyramid schemes," or unsolicited commercial advertisement; (ix) constitutes or contains any form of advertising or solicitation if posted in areas of the website which is not designated for such purposes or emailed to seca users who have not indicated in writing that it is ok to contact them about other services, products or commercial interests; (x) advertises any illegal service; (xi) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (xii) disrupts the normal flow of dialogue with an excessive amount of submissions (flooding attack) to the Website, or that otherwise negatively affects other users' ability to use the Website; (xiii) that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of submissions transmitted through the Website.

Additionally, you agree not to: (i) contact anyone who has asked not to be contacted, or make unsolicited contact with anyone for any commercial purpose; (ii) "stalk" or otherwise harass anyone through the website; (iii) collect personal data about other users for commercial or unlawful purposes; (iv) use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the website; (v) post irrelevant content, repeatedly post the same or similar content or otherwise impose an unreasonable loads on our infrastructure; (vi) post any deceptive events; or (vii) attempt to gain unauthorized access to seca computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Website.

seca may refuse, delete, modify, edit or remove any submissions at any time for any reason and seca may terminate your access to the Website or your account at any time for violation of these terms of use or any other reason.

ESTABLISHING AN ACCOUNT

Users of all ages are welcome to browse the Website however, you may only establish an account if you are eighteen years of age or over. In order to purchase products/services from the Website and in order to access/use some features on the Website, you may be required to establish and use an account. In addition to your name and contact information, you may be required to submit a valid credit card number, billing address, and related billing information in connection with your account. When you register for an account you must (i) provide accurate and truthful information, and (ii) update such information from time to time as necessary to keep your registration information current and accurate. By establishing an account, you represent and warrant you have the right and are authorized to provide the information you provide when you register for the account. You are responsible for maintaining the confidentiality of your account information and password and for restricting access to such information and to your computer. All activities that occur under your account or password shall be your responsibility.

RETURN AND REFUND POLICY

All returns must be requested within thirty days of the shipping date. No returns are accepted without seca’s prior authorization. All authorized returns must be in the original packaging and in a new, re-sellable condition. If the original packaging is no longer available, replacement packaging is available from seca at a nominal cost. All authorized returns must be shipped to seca, freight prepaid. The Return Authorization number must be clearly marked on the shipping label on the outside of the carton. Once approved, all returns must be shipped to seca within thirty days after the Return Authorization is issued. Refunds are issued within fourteen days after seca receives the authorized return.

No claims, regardless of cause, will be accepted after thirty days of receipt of merchandise. Damages, shortages, and claims in transit must be submitted to the common carrier only. No returns are allowed of the seca medical Body Composition Analyzer line of products.

A five percent (5%) restocking charge applies to authorized returns when the order was placed incorrectly and a replacement device is purchased. A ten percent (10%) restocking charge applies to authorized returns when the order was placed incorrectly and no replacement device is purchased. A twenty percent (20%) restocking charge applies to authorized returns when the order was placed incorrectly, the carton was opened and unpacked, and no replacement device is purchased. The twenty percent (20%) restocking fee also applies to the return of all multifunction scales or wheelchair scales, regardless of the reason. The restocking charge, if any, is deducted from the refund.

Please contact seca Customer Service department to obtain a Return Authorization number (‘RA number’) from (800) 542-7322 Monday thru Friday 7:00 AM – 4:00 PST.

AVAILABILITY OF PRODUCTS, SERVICES, FEATURES AND CONTENT

All products, services, features and content available on or through the Website, including but not limited to prices and availability of such products and services, are subject to change and discontinuation at any time, in our sole discretion, without notice. The receipt of an e-mail order confirmation does not constitute acceptance of an order or a confirmation or an offer to sell. We reserve the right, without prior notification, to limit the order quantity of any item and/or refuse service to any customer for any reason not prohibited by law.

EXTERNAL SITES

The Website may contain links to other sites on the Internet that are owned and operated by third party vendors and other third parties (the “External Sites”). You acknowledge that seca is not responsible for the unavailability of, or the content located on or through, any External Site. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or the content located on such External Sites.

COPYRIGHT

This Website is protected under copyright law and all rights reserved except as expressly provided herein. Individual documents may contain different copyright notices and/or additional proprietary notices. If you believe that your work has been copied in a way that constitutes copyright infringement, please notify the seca agent for notice of claims of copyright infringement ("Copyright Agent"), at

You must provide our Agent with the following Notice:

Identify the material on the Website that you claim is infringing, with enough detail so that we may locate it on the Website;
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
A statement by you declaring under penalty of perjury that (1) the above information in your Notice is accurate, and (2) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner;
Your address, telephone number, and email address; and
Your physical or electronic signature.

If valid, seca will remove the infringing posting(s), subject to the procedures outlined in the Digital Millennium Copyright Act (DMCA)

DISCLAIMER OF WARRANTIES

YOU AGREE THAT USE OF THE WEBSITE IS ENTIRELY AT YOUR OWN RISK. THE WEBSITE IS PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, SECA DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE WEBSITE. TO THE FULLEST EXTENT PERMITTED BY LAW, THE WEBSITE DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE WEBSITE, OR ACCESSED THROUGH ANY LINKS ON THE WEBSITE. TO THE FULLEST EXTENT PERMITTED BY LAW, SECA DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE WEBSITE. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.

LIMITATION ON LIABILITY AND INDEMNITY OF SECA

UNDER NO CIRCUMSTANCES SHALL SECA BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF SECA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF THE WEBSITE OR THIS TERMS OF USE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE WEBSITE, FROM INABILITY TO USE THE WEBSITE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF SECA WEBSITE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE WEBSITE OR ANY LINKS ON THE WEBSITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE WEBSITE OR ANY LINKS ON THE WEBSITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitation may not apply to you.

You agree to indemnify and hold seca, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, vendors, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of any submissions, your third party event, website or organization, your use of the Website, your violation of the Terms of Use, your breach of any of the representations and warranties herein, or your violation of any rights of another.

COMPLIANCE WITH APPLICABLE LAWS; EXPORT CONTROL LAWS

User access to this Website is governed by all applicable federal, state and local laws. All seca products and publications are commercial in nature. seca does not make any representations regarding the legality of access to or use of this Website or the information contained therein from other countries. Access in countries where the information contained herein or the products sold through this website are illegal is prohibited. Users who access this Website do so at their own risk and are responsible for compliance with applicable export and local country laws. By using this Website, regardless of where you live in the world, you consent to have your personal data transferred to and processed and collected in compliance with the privacy policy.

seca products sold in the United States or Canada are specifically cleared for sale by the relevant government bodies, and no products sold in the United States or Canada can be delivered, resold, or exported without seca's prior written authorization. The prices for products on this Website are for delivery in the contiguous United States or Canada only.

ENTIRE AGREEMENT

Except as otherwise prohibited by law, any claim or dispute must be brought within one (1) year from the date the cause of action arises. If any provision of these Terms of Use are held to be unlawful, or for any reason, unenforceable, that provision will be deemed severable and will not affect the validity and enforceability of the remaining provisions. These Terms of Use and the Privacy Policy constitute the entire agreement between you and seca with respect to the subject matter of the Terms of Use and Privacy Policy.