Website Terms of Use

Acceptance of the Terms of Use

These Terms of Use are entered into by and between you and ARKRAY USA, INC. (“ARKRAY USA,” “Company,” “we,” “us,” or “our”) and govern your access to and use of https://relionbgm.com/, including our content, functionality, products, or services offered on or through https://relionbgm.com/ (the “Site”). Please read the following Terms of Use before using the Site. By using the Site, you acknowledge that you have read and agreed to these Terms of Use. If you do not agree to these Terms of Use, you may not access or use the Site.

This Site is offered and available to users who are 18 years of age or older and reside in the United States or any of its territories or possessions. By accessing or using this Site, you represent and warrant that you meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Site.

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when posted and apply to all access to and use of the Site thereafter.

Your continued use of the Site following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page so you are aware of any changes, as they are binding on you.

Intellectual Property Rights

The Site and its entire contents, features, and functionality (including, but not limited to, all information, software, text, displays, and images and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Site for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Site, except as follows:

• Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
• You may store files that are automatically cached by your web browser for display enhancement purposes.
• You may print or download one copy of a reasonable number of pages of the Site for your own personal, non-commercial use and not for further reproduction, publication, or distribution.

You must not:

• Modify copies of any materials from this Site.
• Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this Site.
• Access or use for any commercial purposes any part of the Site or any services or materials available through the Site.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Site in breach of the Terms of Use, your right to use the Site will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Site or any content on the Site is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Site not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

Trademarks

The trademarks ARKRAY, ReliOn, ReliOnBGM, and all related designs, and slogans are trademarks owned by or licensed to the Company, its affiliates, or licensors. You shall not use such trademarks without the prior written permission of the Company. All other trademarks and business names, on this Site, including, without limitation, Walmart, are the trademarks and business names of their respective owners.

Any unauthorized use or reproduction of any the trademarks on this Site without written permission in any manner is prohibited.

Prohibited Uses

You may use the Site only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Site:

• In any way that violates any applicable law or regulation.
• To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
• To impersonate or attempt to impersonate the Company, a Company employee, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).
• To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm the Company or anyone else, or expose them to liability.
• In any manner that could disable, overburden, damage, or impair the Site or interfere with any other party’s use of the Site.
• In addition, you agree not to:
• Use any robot, spider, or other automatic device, process, or means to access the Site for any purpose, including monitoring or copying any of the material on the Site.
• Use any manual process to monitor or copy any of the material on the Site, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.
• Use any device, software, process, or routine that interferes with the proper working of the Site.
• Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site.
• Attack the Site via a denial-of-service attack or a distributed denial-of-service attack.

Reliance on Information Posted

The information presented on or through the Site is made available solely for general information purposes. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site, or by anyone who may be informed of any of its contents.

Please be aware that the Company is not engaged in the practice of medicine and does not provide medical services, advice, diagnosis, or treatment recommendations. Any medical or other professional questions should be directed to a qualified professional who can advise you with respect to your circumstances. You acknowledge and agree that you and your own healthcare professionals are solely responsible for and will have complete authority, responsibility, and control over your medical and health services. The Site is not a substitute for professional medical advice, diagnosis, or treatment.

This Site may include content or features provided by third parties. All statements and/or opinions expressed in these materials or features, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party for any materials or features provided by any third parties.

If the Site contains links to other sites and/or resources provided by third parties, these links and resources are provided for your convenience only. This includes but is not limited to links and content contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites, features, or content linked to this Site, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Information About You and Your Visits to the Website

All information that we collect on this Site is subject to our Privacy Policy [https://vault.pactsafe.io/s/9cb41266-3a4d-4766-b8d8-f3857374b779/legal.html]. By using the Site, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Disclaimer

Content on this Site is provided on an “as is” and “as available” basis and ARKRAY USA makes no representation or warranty, either express or implied of any kind, including but not limited as to accuracy, completeness, security, quality, reliability, usability, or availability. Any of the material on the Site may be out of date at any given time, and we are under no obligation to update such material. In no event shall ARKRAY USA, our affiliates or third parties be liable for any damages arising out of the use or inability to use this Site. Please note that content, file name, etc. on this Site, as well as these Terms of Use may be changed without prior notice.

You understand that we cannot and do not guarantee or warrant that the Site or files available for downloading from the internet or the Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. THE SITE DOES NOT OFFER MEDICAL OR OTHER PROFESSIONAL ADVICE.

TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE SITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. YOU FURTHER UNDERSTAND AND AGREE THAT YOUR ACCESS TO AND USE OF THE SITE IS PREDICATED UPON YOUR WAIVER OF ANY RIGHT TO PARTICIPATE IN A CLASS ACTION SUIT FOR ANY LOSSES OR DAMAGES OR OTHER RELIEF RESULTING FROM OR RELATING TO YOUR ACCESS TO OR USE OF THE SITE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your access to or use of the Site, including, but not limited to, any access to or use of the Site’s content, services, and products, or your use of any information obtained from the Site.

Non-Confidential Information

All information sent to us shall be deemed to be non-confidential. ARKRAY USA shall be free to use any information sent to us (such as ideas, proposals, feedback, suggestions, comments, etc.) for any purpose whatsoever, including, but not limited to, developing services and/or products, manufacturing, marketing, etc. In such cases, ARKRAY USA shall not be liable to pay compensation, etc. to the sender of such information. Please do not send us information if you expect to be paid or want to continue to own or claim rights in that information. By submitting information to us, you grant Company and its designees a worldwide, perpetual, irrevocable, non-exclusive, fully-paid up, and royalty free license to use, sell, reproduce, prepare derivative works, combine with other works, alter, translate, distribute copies, display, perform, publish, license, or sub-license that information, and Company shall be entitled to the unrestricted use and dissemination of such information for any purpose, commercial or otherwise, without acknowledgment or compensation to you. By submitting information, you hereby release Company and its agents and employees from any claims that such use violates any of your rights.

Applicable Law ⁄ Court of Jurisdiction

All matters relating to the Site, these Terms of Use, the Privacy Policy, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Minnesota without giving effect to any choice or conflict of law provision or rule.

Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use, the Privacy Policy, or the Site shall be instituted exclusively in the federal courts of the United States or the courts of the State of Minnesota, in each case located in the City of Minneapolis and County of Hennepin, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Waiver and Severability

No waiver by the Company of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Contact Us

This website is operated by ARKRAY USA, INC.

All feedback, comments, requests for technical support, and other communications relating to the Site can be submitted via the form at https://relionbgm.com/contact-us/.