Terms of Use

INITIAL NOTICE

Thank you for visiting our website. This site is owned and operated by New Potato Technologies, Inc. (DBA Myotone, “Myotone”). Please read carefully the following legal agreement before using this website. By using this website, you signify your assent to these terms of use. If you do not agree to these terms of use, please disconnect from this site and do not use this website for your purchase. Myotone reserves the right to change this Agreement at any time by revising the terms and conditions herein. User is responsible for regularly reviewing these terms and conditions. Continued use of this website following any such changes shall constitute the User’s acceptance of such changes.

PERMITTED USE

You (“you” or the “User”) have a nonexclusive, nontransferable, limited and revocable right to use the website solely for your personal educational, informational and entertainment use, subject to the terms and restrictions herein contained. User will not use the website for any other purpose, including any commercial purpose, without the Company’s express prior written consent. User agrees to cooperate with Myotone in causing any unauthorized use to immediately cease.

LIST OF RESTRICTIONS

Neither the website nor any element thereof, including, without limitation, text, graphics, images or other materials, may be copied, repurposed, uploaded, posted, transmitted or redistributed. However, you may download one copy of such materials to your individual computer solely for your personal, noncommercial use only, provided that all copyright and other proprietary notices appearing on such materials are strictly preserved without any alteration, modification or obfuscation. You may not modify or prepare derivative works based upon the website, or any element thereof, and you may not redistribute, sell, decompile, reverse engineer, disassemble or otherwise attempt to access the source code to any software downloaded from the website. It is a condition of your use of this website that you do not restrict or inhibit any other user from using this website.

RESERVATION OF RIGHTS

All rights, titles and interests in and to this website are owned by Myotone. All trademarks, service marks and trade names are also proprietary to Myotone. None of the items mentioned herein may be used without the express written consent of Myotone. All rights are reserved by Myotone.

LIABILITY LIMITATION

UNDER NO CIRCUMSTANCES AND REGARDLESS OF LEGAL THEORY, WHETHER IN TORT, CONTRACT OR OTHERWISE, WILL Myotone OR ANY OF ITS RELATED OR AFFILIATED COMPANIES BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, RELIANCE, PUNITIVE OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED, AND REGARDLESS OF CHARACTER, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES RELATING TO LOST DATA, COMPUTER FAILURE OR MALFUNCTIONING, OR OTHERWISE. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT Myotone IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF USER. THE FOREGOING SHALL BE ENFORCEABLE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. YOU AGREE TO THIS ALLOCATION OF RISK IN RELATION TO YOUR USE OF THE WEBSITE. IF YOU DISAGREE WITH ANY OF THE TERMS AND CONDITIONS OF THIS WEBSITE USAGE AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS SITE.

LINKS TO THIRD PARTIES’ WEBSITES

You have the right to access and correct your personal information at any time. To review, update or make changes to your personal information, please Contact Myotone may have provided links and pointers to Internet sites maintained by third parties (“third party sites”) and may from time to time provide third party materials on this site. Neither Myotone nor its related, affiliated companies operate or control in any respect any information, products or services on these third party sites. The third party materials in this site and the third party sites are provided “as is” and without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, Myotone disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness. Myotone does not warrant or make any representations regarding the use or the results of the use of the third party materials in the third party sites in terms of their correctness, accuracy, timeliness, reliability or otherwise.

JURISDICTION

Except as described otherwise, all materials in the Myotone site are made available only to provide information about Myotone. Myotone controls and operates this site from its headquarters in Wilmington, North Carolina, United States of America and makes no representation that these materials are appropriate or available for use in other locations. If you use this site from other locations, you are responsible for compliance with applicable local laws.

THIRD PARTY WEBSITES

This Agreement shall be deemed to include all other notices, policies, disclaimers and other terms contained in this website; provided, however, that in the event of a conflict between such other terms and the terms of this Agreement, the terms of this Agreement shall control.

This Agreement shall be deemed to have been made in the State of North Carolina, USA. and shall be interpreted, and the rights and liabilities of the parties hereto determined in accordance with the laws of the State of North Carolina, USA, without regard to conflicts of law principles. The parties consent to the exclusive jurisdiction of the state and federal courts for the County of New Hanover, North Carolina, USA for the determination of any claim or controversy between the parties and arising out of or relating to this Agreement. Both parties hereby consent to the jurisdiction of the North Carolina courts and waive any objections as to personal jurisdiction or as to the laying of venue in such courts due to inconvenient forum or any other basis.

User acknowledges that no joint venture, partnership, employment or agency relationship exists between the User and Myotone as a result of this Agreement or use of this website. User agrees not to hold himself or herself out as a representative, agent or employee of Myotone and Myotone shall not be liable for any representation, act or omission of the User.

Myotone’s performance of this Agreement is subject to existing laws and legal process and nothing contained in this Agreement is in derogation of Myotone’s right to comply with law enforcement requests or requirements relating to the User’s use of this website or information provided to or gathered by Myotone with respect to such use.

If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law, including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect.

This Agreement constitutes the entire agreement between the User and Myotone with respect to this website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the User and Myotone with respect to this website. A printed version of this Agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

INDEMNIFICATION

As a condition of use of this website, the User agrees to indemnify Myotone, its parent, subsidiaries and affiliates, and the shareholders, officers, directors, employees and agents of any of them against and from and against any and all claims, demands, judgments, costs, liabilities, expenses (including attorneys’ fees) and damages arising out of legal claims resulting from User’s use of this website, including, without limitation, any claims alleging facts that if true would constitute a breach by User of these terms and conditions.

COPY OF TERMS OF USE

A copy of these Terms of Use may be printed by using your browser’s Print function.