1. Health Care Disclaimer
The content, products and services offered herein are intended to provide education about certain health care and medical issues. Nothing in the content, products or services should be considered, or used as a substitute for, medical advice, diagnosis or treatment. This Website and its services do not constitute the practice of any medical or other professional health care advice, diagnosis or treatment and does not create an express or implied physician-patient relationship. You should always talk to your health care provider for diagnosis and treatment, including your specific medical needs. The products or services referenced on this Website are not a representation or warranty that any particular service or product is safe, appropriate or effective for you.
Users of the Website should not rely on information contained therein for diagnosing, treating, curing, preventing, managing or otherwise addressing health problems. Users should seek the advice of a physician or other qualified health care provider with any questions regarding personal health or medical conditions.
3. Inaccuracies on the Website
While we use reasonable efforts to include accurate and up to date information on our Website, errors, inaccuracies, and omissions sometimes occur. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice.
The information contained on this Website, including, but not limited to clinical references, images, tools and other related items, are not intended to be used as a complete reference. While we have tried to confirm the accuracy of the information presented, Intact Vascular and its affiliates make no warranty, expressed or implied, with respect to the currency, completeness, usefulness, or accuracy of the contents of the Website. Intact Vascular has no liability for any errors or omissions in the information provided. Applying this information in a particular situation remains the responsibility of you and your physician. Intact Vascular does not endorse and assumes no responsibility for the accuracy of the content from sources other than Intact Vascular, or for practices or standards of sources other than Intact Vascular.
4. Permitted Use
Our Website is protected by intellectual property laws, including but not limited to U.S. copyright laws. You expressly acknowledge and agree that the content accessible within our Website is the property of Intact Vascular and its content providers, and Intact Vascular and its content providers retain all right, title, and interest in the content.
Subject to the terms of this Agreement, you are granted a limited, personal, non-exclusive, non-sub-licensable, non-assignable, non-transferable, and revocable license to use our Website and related materials solely for your own personal non-commercial use. Except as expressly provided, all rights are reserved. Among other things, except to the extent required for the limited purpose of reviewing material on our Website, electronic reproduction, adaptation, distribution, performance, or display of our Website or any portion of our Website is prohibited. Use of any of our trademark in any way, including but not limited to use as meta-tags on any other website, is strictly prohibited. You may not display our Website or portions thereof in things (e.g., framing, scraping, etc.) without our express written permission. You agree to cooperate with us to cause all unauthorized co-branding, framing, scraping, or linking to immediately cease.
5. Third Party Links and Materials on the Websites
Our Website may be linked to other sites on the Internet that are not under the control of or maintained by Intact Vascular. Such links do not constitute an affiliation with or endorsement by Intact Vascular of any such sites. You acknowledge that Intact Vascular is providing these links to you solely as a convenience to you, and you agree that Intact Vascular is not responsible for the content or links displayed on such sites to which you may be linked. Intact Vascular does not endorse or make any representations about these websites, or any content found thereon. If you access any of the third-party websites linked on our Website, you do so at your own risk.
Our Website may contain materials submitted by third parties. Any such materials are provided solely as a convenience to you. If you use any of the third-party materials, you do so at your own risk. In no event shall Intact Vascular be liable for any loss, claim, damages, or costs that may arise in connection with your use of these materials.
6. Privacy and Security
If you choose to submit your personal information to Intact Vascular, you acknowledge that you are doing so voluntary and there is no absolute guarantee of security.
In the event of an interception or unauthorized access despite our efforts, Intact Vascular shall not be responsible for such interceptions or unauthorized access. You are responsible for the security of your own account.
7. Disclaimer of Warranties
You expressly agree that access to and use of OUR WEBSITE is at your sole risk. OUR WEBSITE IS provided on an “as is” and an “as available” basis. Intact Vascular does not make, and hereby disclaims, any representations or warranties, express, implied, or statutory, regarding OUR WEBSITE, including (without limitation) implied warranties of merchantability, fitness for a particular purpose, title, non-infringement of THIRD-PARTY rights, and any warranties arising by course of dealing or custom of trade. Intact Vascular makes no representation or warranty that any material, content, products, or services displayed on or offered THROUGH OUR Website is accurate, complete, appropriate, reliable, or timely. Intact Vascular also makes no representations or warranties that your access to and use of OUR WEBSITE will be uninterrupted or error-free, free of viruses, malicious code, or other harmful components, or otherwise will be secure. Some jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above exclusions may not apply to you.
8. Limitation of Liability
To the maximum extent permitted by applicable law and notwithstanding any other provision of this Agreement, in no event shall Intact Vascular or any of its affiliates or suppliers (including any of its or their partners, officers, employees, agents, contractors, successors, or assignees) be liable to you (including any of your partners, officers, employees, agents, contractors, successors, or assignees) for any indirect, special, incidental, exemplary, punitive, or consequential damages, whether arising in contract, equity, negligence, intended conduct, tort, or otherwise (including breach of warranty, negligence, and strict liability in tort), including, without limitation, ANY ERRORS OR OMISSIONS IN THE CONTENT OF THIS webSITE, FOR YOUR ACTION OR INACTION IN CONNECTION WITH THIS webSITE, FOR ANY DAMAGE TO YOUR COMPUTER OR DATA, any damages associated with the loss of your personal information OR ANY OTHER DAMAGE or economic loss YOU MAY INCUR ensuing from or in connectiON with (a) the website; OR (B) YOUR SUBMISSION OF PERSONAL OR OTHER INFORMATION THROUGH THE WEBSITE, even if Intact Vascular or any of its affiliates or suppliers has been advised of the possibility of such damages. These limitations shall apply notwithstanding the failure of the essential purpose of any limited remedy.
Despite the foregoing limitation of liability for damages, if a court or other tribunal of competent jurisdiction decides to award monetary damages to you for any claim or cause of action arising from the same, the amount of monetary damages for such claim or cause of action shall be LIMITED TO A MAXIMUM AMOUNT OF $100.
At any time and at Intact Vascular’s sole discretion, we may add, delete, or modify the Agreement or our Website. Should you deem any such addition, deletion, or modification to the Agreement unacceptable, you shall stop accessing, and/or using our Website. All changes to the Agreement shall be effective immediately.
Dispute Resolution, Applicable Law and Venue
Any dispute related to this Agreement will be governed by the laws of Pennsylvania, without regard to the choice or conflicts of law provisions of any jurisdiction. You and Intact Vascular agree and consent that any controversy, claim or dispute arising out of or relating to the performance, construction, interpretation or enforcement of this Agreement, including disputes as to the scope of this clause, shall be resolved through good faith negotiations between the parties. If such efforts prove unsuccessful, all such controversies, claims or disputes shall be submitted to mandatory, final, confidential, binding arbitration pursuant to the Federal Arbitration Act, 9 U.S.C., § et seq. Arbitration shall be conducted in accordance with the Commercial Arbitration Rules of the American Arbitration Association. The arbitration award shall be final and binding and it may be confirmed and enforced in any court of competent jurisdiction. Each party shall pay for all attorney fees it incurred in connection with the arbitration and shall share equally in the costs of the arbitration. In arbitration, there is no judge or jury and there is less discovery and less appellate review than in court. YOU AND INTACT VASCULAR WAIVE THE RIGHT TO PROSECUTE OR PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, OR OTHER REPRESENTATIVE ACTION. YOU AND INTACT VASCULAR MAY SEEK RELIEF ONLY ON BEHALF OF THEMSELVES AND ONLY TO THE EXTENT NECESSARY TO REMEDY THEIR INDIVIDUAL CLAIMS. THIS CLASS ACTION WAIVER IS A MATERIAL AND ESSENTIAL PART OF AND CANNOT BE SEVERED FROM THIS ARBITRATION PROVISION.
Our failure or delay to insist upon or enforce strict performance of any provision of this agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this agreement. We may assign our rights and duties under this agreement to any party at any time without notice to you.
This is the entire agreement regarding all the matters relating to this Website.
If any part of the 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.
No action arising out of this Agreement or your access to or use of our Website, regardless of form or the basis of the claim, may be brought by you more than one (1) year after the cause of action has arisen (or if multiple causes, from the date the first such cause arose) and you hereby waive any longer statute of limitations that may be permitted by law.
If you have any questions about this agreement, please call us at 1-484-253-1048, email us at email@example.com, or write us at:
Intact Vascular, Inc.
1285 Drummers Lane, Suite 200
Attn: Data Manager
Wayne, PA 19087
Although Intact Vascular will in most circumstances be able to receive your e-mail or other information provided through this Website, Intact Vascular does not guarantee that it will receive all such e-mail or other information timely and accurately and shall not be legally obligated to read, act on or respond to any such e-mail or other information. Be aware that Internet e-mail typically is not secure.
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