Website Terms of Use

The Kodak Alaris website (the “Site”) is operated by either Kodak Alaris Limited if you reside in Europe, Middle East and Africa (“EAMER”) or Kodak Alaris Inc. if you reside elsewhere. If you reside in EAMER, these Terms of Use are entered into between you (“User”) and Kodak Alaris Limited of Hemel One, Boundary Way, Hemel Hempstead, HP2 7YU, or if you reside elsewhere, these Terms of Use are entered into between You and Kodak Alaris Inc of 2400 Mount Read Blvd, Rochester, NY 14615, (in either case "Alaris").

b. Correction of Errors and Inaccuracies. The Site, in particular the Content may contain typographical errors or other errors or inaccuracies and may not be complete or current. Alaris therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update the Content at any time without prior notice. Alaris does not, however, guarantee that any errors, inaccuracies or omissions will be corrected.

c. Severability. If any part of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable, it will not impact any other provision of this Agreement, all of which will remain in full force and effect.

d. Claims of Copyright Infringement. Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to Service Provider's Designated Agent. See our Notice and Procedure for Making Claims of Copyright Infringement.

e. Notices. Any notices to be sent to Alaris in connection with these Terms should be sent to Legal@kodakalaris.com

f. Choice of Law/ Choice of Forum. If User is resident of the U.S. or Canada, User agrees that these Terms of Use are governed in all respects by the laws of the State of New York, USA without regard to its choice of law provisions and that all disputes, claims and legal proceedings directly or indirectly arising out of or relating to the Terms of Use shall be resolved individually, without resort to any form of class action, and exclusively in the state or federal courts located in New York City, New York, USA. If User resides outside of the U.S. or Canada, all disputes, claims and legal proceedings directly or indirectly arising out of the Terms of Use shall be subject to English law, without regard to any conflicts of law principles that would result in the application of the law of any other jurisdiction and shall be exclusively settled by the courts of England and Wales.  

VERSION: December 2016
 

1. Use of Site

   PLEASE READ THE TERMS OF USE CAREFULLY BEFORE USING OR ACCESSING THE SITE. By accessing or using the Site, User acknowledges that they have read, understand and agree to be bound by these Terms of Use, and the applicable law. These Terms of Use contain Users rights, obligations and restrictions when using the Site. If User does not agree to these Terms of Use, please do not use or access the Site.  Alaris reserves the right to modify these Terms of Use at any time without prior notice. Use of the Site following any such modification constitutes User’s agreement to follow and be bound by these Terms of Use as modified.

   Additional terms and conditions applicable to specific areas of this Site or to particular content, services or transactions are also posted in relevant sections of the Site and, together with these Terms of Use, govern the use of those areas, content, services or transactions.

   User may use the Site, and the information, writings, images and/or other works that can be seen, heard or otherwise experienced on the Site (singly or collectively, the "Content") solely for non-commercial, personal purposes and/or to learn about Alaris's products and services. No right, title or interest in any Content is transferred to User, whether as a result of downloading such Content or otherwise.

2. Restrictions on use

   User agrees to use the Site only for lawful purposes. User agrees not to take any action that might compromise the security of the Site, render the Site inaccessible to others or otherwise cause damage to the Site or the Content or interfere with the rights of third parties. User agrees not to change or delete any ownership notices from any materials downloaded, printed or otherwise obtained via the Site; not to modify, copy, translate, broadcast, perform, display, distribute, frame, reproduce, republish, download, display, post, transmit or sell any Content available through the Site. User may not mirror or frame the home page or any other pages of this Site on any other web site or web page and are prohibited from using any of the marks or logos appearing throughout the Site without permission from the trademark owner, except as permitted by applicable law.

3. Intellectual Property

   Find out how the Content from the Site is protected under copyright laws. All intellectual property in and to the Site is owned by Alaris, its affiliates and its licensors, or other copyright owners who have authorized their use on the Site, which includes (without limitation) materials protected by copyright, trademark, or patent laws. All trademarks, service marks and trade names (e.g., the Kodak Alaris name) are used under license from Eastman Kodak Company. All content on the Site is a collective work under the United States and/or the United Kingdom and other copyright laws and is the proprietary property of Alaris. Nothing in these Terms of Use shall be interpreted as granting any license of intellectual property rights to User.

4. Links to Third-Party Web Sites

   Links on the Site to third party web sites or information are provided solely as a convenience. By using these links, User will leave the Site. Such links do not constitute or imply an endorsement, sponsorship, or recommendation by Alaris of the third party, the third-party web site, or the information contained therein. Alaris is not responsible for the availability, content or policies of any such web sites and access such third party websites is solely at Users own risk.

5. Privacy and Cookies

   Our privacy statement is incorporated into these Terms of Use by this reference, further describes the collection and use of information on the Site and the use of cookies. To read more about how Alaris deals with User information and the use of cookies by Alaris, please have a look at Alaris' privacy statement, available at here.

6. Disclaimer of Warranties

   Users attention is particularly drawn to this section.

   The Site, including the Content found on the Site is provided "as is" and without warranties of any kind.

   To the fullest extent permitted by law, Alaris disclaims all warranties, express or implied, statutory or otherwise, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, as to the operation of the Site, use of the Site and the Content.

   Alaris does not represent or warrant that the Sites will be uninterrupted or error-free, that any defects will be corrected, or that the Site or the server that makes the Site available is free of viruses or anything else harmful.

   Alaris does not warrant or make any representations as to the security of the Site. User acknowledge any information sent may be intercepted by unauthorised third parties and Alaris cannot guarantee and does not promise any specific results from use of the Site. Alaris further cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection by software viruses or other harmful computer code, files or programs.

7. Limitation of Liability

   Users attention is particularly drawn to this section.

   IN NO EVENT WILL ALARIS NOR ITS AFFILIATES, SUPPLIERS AND/OR LICENSORS BE LIABLE TO USER OR ANY THIRD PARTY FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER INDIRECT DAMAGES, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF STATUTORY DUTY OR OTHERWISE ARISING UNDER OR IN CONNECTION WITH: (I) THE USE OF OR INABILITY TO USE THE SITE, OR THE CONTENT, (II) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE SITE; (III) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SITE, AND/OR THE CONTENT, (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OF USER’S TRANSMISSIONS OR DATA, OR (V) ANY OTHER MATTER RELATING TO THE SITE, OR THE CONTENT, EVEN IF ALARIS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

   IF USER IS DISSATISFIED WITH THE SITE, THE CONTENT, OR WITH THE TERMS OF USE, USER’S SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

   ALARIS WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A VIRUS, DISTRIBUTED DENIAL-OF-SERVICE ATTACK OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT USER’S COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO USER’S USE OF THE SITE OR TO USER’S DOWNLOADING OF ANY CONTENT OR ON ANY WEBSITE LINKED TO IT. THAT SAID, IF ALARIS IS FOUND TO BE LIABLE TO USER FOR ANY DAMAGE OR LOSS WHICH IS IN ANY WAY CONNECTED WITH USER’S (INABILITY TO) ACCESS AND/OR USE THE SITE, ALARIS’ AGGREGATE LIABILITY FOR ANY ONE OR MORE CLAIMS ARE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW BUT IN NO EVENT SHALL EXCEED US$100.00 OR  £50.00 AS THE CASE MAY BE. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY.

   NOTWITHSTANDING THE ABOVE, NOTHING IN THESE TERMS OF USE EXCLUDES OR LIMITS 'ALARIS’ LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM NEGLIGENCE, OR FRAUD OR FRAUDULENT MISREPRESENTATION, OR ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW.

8. Indemnification

   User understand and agrees that User is personally responsible for Users behavior on the Site. User agrees to indemnify, defend and hold harmless Alaris, its parent companies, subsidiaries, affiliated companies, joint ventures, business partners, licensors, employees, agents, and any third-party information providers from and against all claims, losses, liabilities, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys' fees, resulting from or arising out of use, misuse of the Site, the Content, violation by User of these Terms of Use, any law or the rights of any third party.

9. Unsolicited Idea Submission Policy  

   Any unsolicited ideas sent to Alaris or anyone at Alaris, then regardless of the posting, email, letter, or other transmission, (1) the idea will automatically become the property of Alaris, without any compensation to User; (2) Alaris will have no obligation to return your idea to User or respond in any way; (3) Alaris will have no obligation to keep the idea confidential; and (4) Alaris may use the idea for any purpose whatsoever, including giving the idea to others.

10. General Provisions

    a. Entire Agreement/No Waiver. These Terms of Use constitute the entire agreement of the parties with respect to the subject matter hereof. No waiver by Alaris of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.

11. © 2016 Kodak Alaris Inc.