Jurisdiction. The Medella Websites are based in the United States (“U.S.”) and are deemed passive websites that do not give rise to personal jurisdiction over the Medella Websites, either specific or general, in jurisdictions other than the State of Washington. Medella makes no representations that the Medella Websites are appropriate or available for use in locations other than the U.S. Those who access or use Medella from other jurisdictions are responsible for compliance with such jurisdictions’ laws and regulations. If there is a dispute between you and Medella relating to the terms of this Agreement, the party substantially prevailing will be entitled to recover all costs and expenses of any subsequent proceedings (including trial, appellate and arbitration proceedings), including the attorneys’ fees incurred therein. You consent to the jurisdiction and venue of the courts sitting in Seattle, Washington.
Choice of Law. This Agreement is governed by the laws of the U.S. and the State of Washington, without respect to its conflict of laws principles.
Transferability. This Agreement will be binding on and inure to the benefit of you and Medella and both parties’ respective successors, assigns, heirs and personal representatives. You will not assign or transfer any right or obligation under this Agreement without the prior written consent of Medella and any attempted assignment without Medella prior written consent will be null and void. Medella may transfer any rights or obligations under this Agreement without your prior written consent.
Completeness and Severability. This Agreement and any other legal notices published by Medella on the Medella Websites constitutes the entire agreement between you and Medella concerning your use of the Medella Websites. If any provision of this Agreement is deemed invalid by a Court of competent jurisdiction, the invalidity of such provision will not affect the validity of the remaining provisions of this Agreement, which remain in full force and effect.
Waivers. No term or provision of this Agreement will be considered waived by Medella, and no breach excused by Medella, unless such waiver or consent is in writing and signed by Medella. The waiver by Medella of, or consent by Medella to, a breach, of any provision of this Agreement by you will not operate or be construed as a waiver of, consent to, or excuse of any other or subsequent breach by you.
Terms, User and Application Modification. Medella reserves the right, at its sole discretion, to modify or replace any and all of the terms of this Agreement, or change, suspend or discontinue the Medella Websites or any aspect or portion thereof, at any time by posting a notice on the Medella Websites or sending you a notice through the Medella Websites or by e-mail. Medella may also impose temporary limits on certain features on the Medella Websites or restrict access to portions or all of the Medella Websites without notice. Your unauthorized access to restricted sections of the Medella Websites is a violation of this Agreement. Medella will not be liable to you for any changes or modifications to this Agreement, except as expressly stated in writing between you and Medella. Medella suggests that you check the terms of this Agreement periodically for changes. Your use of the Medella Websites following Medella’ changes to the terms of this Agreement constitutes your acceptance of such changes.
IF YOU DO NOT AGREE WITH ANY OF THE TERMS OF THIS AGREEMENT, YOU MUST IMMEDIATELY TERMINATE YOUR USE OF THE MEDELLA WEBSITES.