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Legal

ATTENTION: PLEASE READ THESE WEB SITE TERMS OF USE AND LEGAL RESTRICTIONS ("TERMS") CAREFULLY BEFORE USING THIS WEB SITE. USING THIS WEB SITE INDICATES THAT YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS, DO NOT USE THIS WEB SITE.

Use of Site

Vertos Medical, Inc. ("Vertos Medical") authorizes you to view and download the information and other materials at or through this Web site ("Site") only for your personal, non-commercial use, provided that you retain all copyright and other proprietary notices contained in the original materials on any copies of the materials. The entire content of the Site, including any images or text, is copyrighted and may not be distributed, reproduced, publicly displayed, downloaded, modified, reused, reposted, or otherwise used except as provided herein without the express prior written permission of Vertos Medical. For purposes of these Terms, any use of these materials on any other Web site or networked computer environment for any purpose is prohibited. All product names, regardless of whether or not they appear in large print or with the a trademark symbol, are trademarks of Vertos Medical, its affiliates, related companies, or its licensors or joint venture partners unless otherwise noted.

The use or misuse of these trademarks or any other trademarks or copyrights, or other materials, except as permitted herein, is expressly prohibited and may be in violation of copyright law, trademark law, communications regulations and statutes, and other laws, statutes and/or regulations. If you breach any of these Terms, your authorization to use this Site automatically terminates and you must immediately destroy any downloaded or printed materials. If you are asked to register you must provide complete and accurate identification, contact, and other information required as part of the registration process. Vertos Medical also reserves the right to refuse or terminate your authorization to access and use any products or services at or through the Site and to delete any one or more of your related accounts at any time in its sole discretion, including, without limitation, any time if you breach or threaten to breach any of these Terms.

You, not Vertos Medical, shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all your data, and Vertos Medical shall not be responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any of this data. You shall not knowingly send or store spam, unlawful, infringing, obscene, or libelous material, or viruses, worms, Trojan horses and other harmful code.

Vertos Medical cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.

Use of Software

Your use, installation or downloading of software from this Site ("Software") indicates your acceptance of and is subject to the license terms in the Software License Agreement that accompanies or is provided with the Software. If no such Software License Agreement accompanies or is provided with the Software, then you agree that you accept a limited, non-exclusive, non-transferable license to use the Software solely for your own internal business purposes in relation to your use of this Site and that your use of the Software is subject to the terms and conditions of these Terms, including, without limitation, the following provisions: (1) you shall not translate, disassemble, decompile, reverse engineer, prepare derivative works of or otherwise alter or modify the Software or make any copies of any documentation or Software (except one copy for back-up or archival purposes only); (2) you shall not sell, assign, sublicense, transfer, disclose, or permit access to the Software or related documentation to any other person or entity; and (3) THE LICENSOR DISCLAIMS (AND YOU ACCEPT THE SOFTWARE WITHOUT) ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SOFTWARE.

Use of Information and Materials

The information, materials, products and services contained in or available through the Site are subject to change. Additionally, not all products and services are available in all geographic areas. Your eligibility for particular products and services is subject to final determination and acceptance by the entity providing such products or services and the provision of such products or services is not an obligation of or guaranteed by Vertos Medical unless Vertos Medical is identified as the entity providing such products or services. The Site has been designed to provide general information about Vertos Medical and health and wellness related information. These pages are not intended to provide investment or medical advice, nor do they provide instruction on the appropriate use of products produced, supplied or under development by Vertos Medical, its affiliates, related companies, or its licensors, joint venture partners or other companies. Vertos Medical shall not be held responsible for any action taken that is based on the information presented on the Site, and all users of the Site agree that all access and use of the Site, and any and all content presented on the Site, is at the users own risk.

Links To Other Web Sites

Links to third party Web sites on this Site are provided solely as a convenience to you. If you use these links, you will leave this Site. Vertos Medical has not reviewed all of these third party sites and does not control and is not responsible for any of these sites or their content. Thus, Vertos Medical does not endorse or make any representations about them, or any information, software or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of the third party sites linked to this Site, you do this entirely at your own risk.

Intellectual Property Ownership

You acknowledge that Vertos Medical (and its licensors, where applicable) own all right, title and interest in and to the Site and all information, materials, products and services provided at or through the site, including without limitation all Intellectual Property Rights in and to the Site and all information, materials, products and services available at or through the site, and any suggestions, ideas, enhancements, requests, feedback and recommendations or other information provided by you or any other party relating to the Site or information, materials, products or services available at or through the Site. "Intellectual Property Rights" means any and all rights existing from time to time under patent law, copyright law, trade secret law, trademark law, unfair competition law, and any and all other proprietary rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide.

Information Practices

Protecting users' privacy is very important to Vertos Medical. As a condition to using the Site, you agree to the terms of the Vertos Medical's Privacy Policy located at www.vertosmed.com/privacy/, which may be updated from time to time, as expressed in the most recent version that exists at the time of your use. Information collected by Vertos Medical may be stored and processed in the United States or any other country in which Vertos Medical or its agents maintain facilities. By using the Service you consent to any such transfer of information outside of your country. Additionally, by using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.

Disclaimer

NEITHER VERTOS MEDICAL NOR ANY PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THIS SITE SHALL BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES ARISING OUT OF USERS ACCESS, USE, OR INABILITY TO USE THE VERTOS MEDICAL WEB SITE OR ANY WEB SITES LINKED TO THIS SITE, OR ANY ERRORS OR OMISSIONS IN THE CONTENT OF ANY OR ALL SUCH SITES WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE CONTENT PROVIDED AT THIS SITE, INCLUDING, WITHOUT LIMITATION, SOFTWARE, IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. Vertos Medical further does not warrant the accuracy and completeness of the content at this Site. Vertos Medical may make changes to this Site and to the information, materials, products and services at or available through this Site at any time without notice. The information, materials, products and services at or available through this Site may be out of date and Vertos Medical makes no commitment to update them. Information published at this Site may refer to products, programs or services that are not available in your country. Consult your local Vertos Medical business contact for information regarding the products, programs and services that may be available to you. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.

Applicable Laws

This Site is administered by Vertos Medical from its offices in Aliso Viejo, CA and this Site and these Terms (including without limitation the validity, construction and performance of duties related to the Terms) will be governed by and construed in accordance with the laws of the United States of America and more particularly the laws of the State of California without giving effect to any principles of conflicts of laws. Vertos Medical makes no representation that information, materials, products or services at or available through this Site are appropriate or available for use outside the United States, and access to them from territories where their contents are illegal is prohibited. You may not use or export or re-export the information, materials, products or services at or available through this Site or any copy or adaptation in violation of any applicable laws or regulations including without limitation U.S. export laws and regulations. If you choose to access this Site from outside the United States, you do so on your own initiative and are responsible for compliance with applicable local laws. Vertos Medical makes no representations that information, materials, products or services at or available through this Site or made available through this Site are appropriate or available for use in other locations, and access to this Site and any information, materials, products or services available at or through this Site from locations where such information, materials, products or services are illegal is prohibited. You agree that any cause of action or claim that you may have relating to this Site must be made or instituted within one year of when the cause of action or claim accrued.

Linking to the Site

Anyone linking to any Vertos Medical's Web site must comply with the Guidelines for Linking to Vertos Medical's Web Site, which detailed below and form a part of these Terms for all purposes, and all applicable state, federal, local and international laws. We regard the use of our registered and unregistered trademarks and service marks in metatags and/or hidden text as trademark infringement, and treat the use of these terms in page text, metatags, and/or hidden text for purposes of gaining higher rankings from search engines as unfair competition.

General

Vertos Medical may revise these Terms at any time by updating this posting. You should visit this page from time to time to review the then-current Terms because they are binding on you. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages at this Site. If for any reason a court of competent jurisdiction finds any provision or portion of these Terms to be unenforceable, the remainder of these Terms will continue in full force and effect. These Terms constitute the entire agreement between the parties with respect to the subject matter hereof and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of these Terms will be effective only if in writing and signed by Vertos Medical.

Feedback

If you have comments on the Site or any information, materials, products or services made available at or through the Site, or ideas on how to improve the Site or such information, materials, products or services, please visit www.vertosmed.com/contact/. Please note that by doing so, you also grant Vertos Medical and third parties permission to use and incorporate your ideas or comments into the Site or such information, materials, products or services (or third party software or content) without further compensation or approval.

Guidelines for Linking to Vertos Medical's Web Site

ATTENTION: LINKING TO VERTOS MEDICAL'S WEB SITE INDICATES THAT YOU ACCEPT VERTOS MEDICAL'S WEB SITE TERMS OF USE AND LEGAL RESTRICTIONS (TERMS) AND THAT YOU WILL ABIDE BY THE GUIDELINES BELOW. IF YOU DO NOT ACCEPT THESE TERMS AND AGREE TO ABIDE BY THESE GUIDELINES, DO NOT LINK TO THIS WEB SITE.

If you link to Vertos Medical's web site, you agree that you at all times may link to, but not replicate, Vertos Medical content. In addition you:

  • Shall not frame or otherwise create a browser or border environment around Vertos Medical content
  • Shall not imply that Vertos Medical is endorsing you or your products
  • Shall not misrepresent your or your sites relationship with Vertos Medical
  • Shall not present false, misleading or inaccurate information Vertos Medical or Vertos Medical's products or services on your site or otherwise
  • Shall not use the Vertos Medical logo without express prior written permission from Vertos Medical
  • Shall not include content on your site that is or could be construed as illegal, distasteful, offensive or controversial, and shall include on your site only content that is appropriate for all age groups
  • Shall not link to an internal or subsidiary page of Vertos Medical's web site that is located one or several levels down from the home page or bring up or present content of this site on another site without Vertos Medical's prior written permission