These Terms and Conditions of Use (the “Terms of Use”) apply to the TransMed7 web site located at www. TransMed7.com, and all associated sites linked to www.transmed7.com by TransMed7, its subsidiaries and affiliates, including TransMed7 sites around the world (collectively, the “Site”). The Site is the property of TransMed7 LLC. (“TransMed7”) and its licensors. BY USING THIS SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE DO NOT USE THE SITE. TransMed7 reserves the right, at its sole discretion and without prior notice, to: 1) change, modify, add or remove portions of these Terms of Use, at any time 2) monitor and remove postings and 3) discontinue site availability. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, TransMed7 grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site. This Agreement constitutes the entire agreement between you and TransMed7 relating to the subject matter herein. If any term, condition, or provision of this agreement is determined to be unlawful, invalid, void, or for any reason, unenforceable, the validity and enforceability of the remaining terms, conditions, and provisions shall not in any way be affected or impaired thereby.
Content
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to TransMed7, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
All website Content is Copyright 2010-2016, TransMed, LLC. All rights reserved.
Except as expressly provided in these Terms of Use, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, Web site or other medium for publication or distribution or for any commercial enterprise, without TransMed7 express prior written consent. You may not use or export or re-export any Content or any copy or adaptation of such Content in violation of any applicable laws or regulations, including without limitation United States export laws and regulations.
The trademarks, service marks, trade names, trade dress, and products (“items”) in this website are protected in the United States and internationally. No use of any of these items may be made without the prior written authorization of TransMed7 except to identify the products of the company. Identification should be in the proper format according to local statutes and rules. TransMed7 actively enforces its intellectual property rights to the fullest extent of the law.
You may use information on TransMed7 products and services (such as white papers, data sheets and similar materials) purposely made available by TransMed7 for downloading from the Site, provided that you (1) not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) not make any additional representations or warranties relating to such documents.
Intended Audience
This site, and the content thereof (the “Site”) is intended for users in the United States only. TransMed7 makes no representation that the Site is appropriate for use at locations outside the US. The Site is designed to comply with US laws and regulations and access to the Site may not be legal for certain persons in some countries or in some countries in general. This Site is not intended as a product solicitation or promotion of products in those countries where such activities are prohibited. The Site may refer to products or services which are not available in your country. For specific information on what products are available for sale in a particular country, please contact us.
Additionally, this site, and the content thereof, is not intended as a solicitation for investment in TransMed7 or any of its subsidiary companies and TransMed7 as a privately-held company does not publically advertise any opportunities related to investment, whether past, present or future.
Applicable Law
This Agreement is governed by and construed in accordance with the laws of the State of California. You agree to be subject to the jurisdiction of the courts of the State of California regarding the enforceability of this Agreement.
Disclaimer and Limit on Damage
TRANSMED7 DOES NOT REPRESENT, WARRANT OR PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. TRANSMED7 CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. TRANSMED7 DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TRANSMED7 DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY TRANSMED7 SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST TRANSMED7 FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.
TransMed7 shall not be liable for damages of any kind, including without limitation special or consequential damages, arising out of your access to, or inability to access, this Site or your use of, or reliance upon, this Site or the content contained herein. In no event will TransMed7 or any party involved in creating, producing, or delivering information to the Site be liable to any party for any indirect, special, or other consequential damages, including without limitation, any lost profits, business interruption, loss of programs, or other data on your information handling system or otherwise, even if TransMed7 or its authorized representatives have been advised of the possibility of such damages for any claim attributable to use of this website including due to errors, omissions, or other inaccuracies in the website or software, or other material downloaded through or hyperlinked from the Site. Because some states do not allow the exclusion of implied warranties or limitation of liability for consequential or incidental damages, the above may not apply to you. In such states, TransMed7‘s liability is limited to the greatest extent permitted by law. In addition, TransMed7 has no duty to update this Site or the content hereof, and TransMed7 shall not be liable for any failure to update such information.
Links in the website may let you leave the TransMed7 website. TransMed7 is neither responsible nor liable for your use of other websites which you may access via certain links within this site. TransMed7 has no control over these linked sites, is not responsible for the availability or maintenance of these sites, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available through such other sites. All such information is provided by the linked party, business, or organization. No warranties, whether express, implied, or otherwise may be attributed to TransMed7 based upon the presence of any externally directed hyperlink on this website. These links and other ”resources” referenced on this site are provided merely as a public service to users of the World Wide Web and inclusion in our site does not constitute an endorsement by or affiliation with TransMed7. You also understand that TransMed7 cannot and does not represent or warrant that any software or other material available from the website or other linked sites will be free of infection, viruses, or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the website for the reconstruction of any lost data. You assume total responsibility and risk for your access and use of the website, including your responsibility to evaluate the accuracy, completeness, and usefulness of all material provided through the website.
Limits on Accuracy
The website was developed as a service by TransMed7 to provide information about its products and services. Information is believed to be accurate at the time it is created. However, like any printed material, information may become outdated over time. Information on the website may contain technical inaccuracies or typographical errors. Information may be changed or updated without notice. There may also be improvements or changes in the products and services described in the website at any time without notice. It is important that you rely on the advice of an appropriate professional. Nothing contained in any presentation is to be construed as medical, legal, investment, financial, or other advice. This information is not intended to be a substitute for such advice. TransMed7 does not endorse any specific surgical techniques or methods of treatment. It is up to the individual health care professional to use their best medical judgment when determining appropriate patient care or surgical techniques. Individuals are advised to consult their health care professionals for full information about the potential adverse reactions from use of the medical technologies discussed in this site. TransMed7 will use reasonable efforts to include accurate and up-to-date information on the website, but TransMed7 makes no warranties or representations as to its accuracy. All users agree that all access to and use of the website is at their own risk.
Forward Looking Statements
From time to time, TransMed7 or its representatives may have made or may make forward-looking statements, orally or in writing. Such forward-looking statements may be included in, but, not limited to, press releases, oral statements made by or with the approval of an authorized executive officer, or in this website or in filings made by TransMed7 with the Securities and Exchange Commission. The words or phrases ”trend,” ”expect,” ”grow,” ”will,” ”could,” ”likely result,” ”planned,” ”continued,” ”anticipated,” ”estimated,” ”projected,” ”scheduled,” ”could have,” ”intended,” ”believes,” ”continuing,” ”considers,” ”may be,” ”assessed,” ”contingency,” or similar expressions are intended to identify ”forward-looking statements” within the meaning of the Private Securities Litigation Reform Act of 1995. TransMed7 wishes to ensure that such statements are accompanied by meaningful cautionary statements, so as to maximize to the fullest extent possible the protections of the safe harbor established in said Act. Accordingly, such statements are qualified in their entirety by reference to and are accompanied by the following discussion of certain important factors that could cause actual results to differ materially from such forward-looking statements. Investors should also be aware of factors that could have an impact on TransMed7 business or financial position or performance. Moreover, TransMed7 operates in a changing and very competitive business environment. New risks may emerge from time to time, and it is not possible for management to predict all risk factors, nor can it necessarily identify or assess the impact of all such factors on TransMed7 or the extent to which any factor or combination of factors may cause actual results to differ materially from those contained in any forward-looking statements. Accordingly, forward-looking statements should not be relied upon as a prediction of actual results.
Indemnity
You agree to indemnify, defend, and hold harmless TransMed7, its officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the website from and against all losses, expenses, damages and costs, including reasonable attorney’s fees, resulting from any information you provide or from any violation of this Agreement by you.
Violation of Terms of Use
TransMed7 may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) TransMed7 rights or property, or the rights or property of visitors to or users of the Site, including TransMed7 customers. TransMed7 reserves the right at all times to disclose any information that TransMed7 deems necessary to comply with any applicable law, regulation, legal process or governmental request. TransMed7 also may disclose your information when TransMed7 determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.
You acknowledge and agree that TransMed7 may preserve any transmittal or communication by you with TransMed7 through the Site or any service offered on or through the Site, and may also disclose such data if required to do so by law or TransMed7 determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms of Use, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of TransMed7, its employees, users of or visitors to the Site, and the public.
Policy Statement
TransMed7 will establish a Home Page on the Internet to ensure that the broadest possible customer base can receive important information and late breaking news about the company and its products. We will use the latest creative and innovative means current technology avails us to present this information in an interesting and exciting format. At the same time, we are making a commitment to adhere to current regulatory guidelines for promotional activities and will ensure that information posted on the TransMed7 Home Page will meet current accepted regulatory practices and standards. TransMed7 will continue to observe existing regulations and follow its established internal procedures for development, review, and clearance of external communications..
Copyright Notice
TransMed7 is copyrighted by TransMed7, LLC. Other trademarks, logos, and slogans registered or used by TransMed7 and/or its subsidiaries in the United States and other countries are protected by applicable country laws.