CYMEDICA WEBSITE TERMS & CONDITIONS
Effective Date: January 25, 2016
Your use of this website, CyMedicaOrtho.com, (“Site”) which is owned and operated by CyMedica Orthopedics, Inc. (“CyMedica”, “we”, “us” or “our”), is subject to these Terms and Conditions (“Terms”). By using or accessing the Site, you confirm that you agree to these Terms. If you do not agree, please do not use the Site. As our business grows and we add new functionality to the Site, we may revise these Terms periodically. If we do, we will post the changes here. Your continued use of the Site after any changes are posted constitutes your acceptance of the new Terms.
Always Seek Medical Counsel Before Treatment
It is recommended that you seek the advice of your physician, surgeon, or other appropriate healthcare professional with any questions you may have regarding the cure, treatment, mitigation, or prevention of any disease or other medical condition. CyMedica devices are for use under physician supervision, and may only be obtained by prescription or doctor’s orders. This Site does not provide medical advice, and in the event you have questions about your health, please consult your physician.
CyMedica grants you a limited license to download and print, free of charge, for non-commercial or personal purposes only, any of the content that may appear on the Site, (“Content”) including the User Manual that accompanies the QB1 NMES and TENS system: provided, however, that (a) the Content as it appears on the Site shall be used with no changes to the original Content, including, but not limited to, the presentment of selections of Content; and (b) you include or retain the following attribution on any materials you may distribute: CyMedica Orthopedics, Inc. All rights reserved. For example, you may print one or more copies of the User Manual to share them with your physician or family member.
No Unlawful or Prohibited Use
As a condition of your use of the Site, you represent and warrant to CyMedica that you will not use the Site for any purpose that is unlawful, misleading, malicious, or discriminatory, or prohibited by these terms, conditions, or notices. You will not collect users’ information, or otherwise access the Site, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our permission. You may not use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site.
You acknowledge and agree that CyMedica owns all legal right, title, and interest in and to the Site, including any intellectual property rights which subsist in the Site (whether those rights happen to be registered or not, and wherever in the world those rights may exist). CyMedica Orthopedics, Inc., CyMedica, and other CyMedica logos and product and service names are trademarks of CyMedica and these marks together with any other CyMedica trade names, service marks, logos, domain names, and other distinctive brand features are the “CyMedica Brand Features.” Except as described herein, or unless you have agreed otherwise in writing with CyMedica, nothing in these Terms gives you a right to use any CyMedica Brand Features without our explicit authorization. You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) that may be affixed to or contained within the Site. You agree that you shall not, and shall not permit anyone else under your reasonable authority to, copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code or other basis of CyMedica’s technology.
Disclaimer of Warranties
YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. CYMEDICA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, CYMEDICA MAKES NO WARRANTY THAT (I) THE SITE WILL BE EFFECTIVE, WILL FUNCTION WITHOUT DISRUPTIONS, DELAYS OR ERRORS, WILL BE RELIABLE OR ACCURATE, OR WILL MEET YOUR REQUIREMENTS, (II) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR ACCESSIBLE AT TIMES OR LOCATIONS OF YOUR CHOOSING, (III) THE RESULTS OR INFORMATION THAT MAY BE OBTAINED FROM THE USE OF THE SITEP WILL BE ACCURATE, RELIABLE TIMELY, OR COMPLETE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, ADVICE, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS WILL BE CORRECTED. EXCEPT AS EXPRESSLY SET FORTH HEREIN, CYMEDICA MAKES NO WARRANTIES ABOUT THE SOFTWARE AND FUNCTIONS MADE ACCESSIBLE THROUGH THE SITE OR ANY OTHER SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION.
ALWAYS USE CAUTION WHEN GIVING OUT ANY PERSONALLY IDENTIFYING INFORMATION ABOUT YOURSELF OR YOUR CHILDREN.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT CYMEDICA WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF CYMEDICA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR INABILITY TO USE THE SITE; (II) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (III) ANY OTHER MATTER RELATING TO THE SITE. IN NO EVENT WILL CYMEDICA’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED ONE HUNDRED DOLLARS ($100).
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SITE.
You agree to indemnify, defend and hold harmless CyMedica, its licensors, suppliers, and their respective directors, officers, employees, agents, affiliates, successors and assigns, from and against any and all claims, damages, losses, costs (including reasonable attorneys’ fees) and other expenses that arise from your breach of these Terms. You agree to cooperate as reasonably required in the defense of any such claim. CyMedica reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification under this section and, in any event, you agree not to settle any such matter without the prior written consent of CyMedica.
Changes to the Terms
CyMedica may make changes to the Terms from time to time. When these changes are made, CyMedica will make a new copy of the Terms available here. You understand and agree that if you use the Site after the date on which the Terms have changed, CyMedica will treat your use as acceptance of the updated Terms.
General Legal Terms
Any legal action or proceeding between CyMedica and you arising out of or related to this Agreement, including your use and access to the Site will be governed exclusively by the laws of the State of Arizona. It is understood that any dispute, claim, or controversy arising under or in connection with this Agreement, including but not limited to, claims as to whether any services associated with the operation of this Site rendered by CyMedica or persons employed or engaged by CyMedica were unnecessary or unauthorized or were improperly, negligently, or incompetently rendered, shall be finally and exclusively resolved by binding arbitration under the American Arbitration Association’s (“AAA”) Commercial Arbitration Rules and Mediation Procedures and Consumer-Related Disputes Supplementary Procedures, and not by a lawsuit or resort to court process, except as Arizona law provides for judicial review of arbitration proceedings. Both parties to this Agreement, by entering into it, are giving up their constitutional right to have such dispute decided in a court of law before a jury, and instead are accepting the use of arbitration. The parties further agree that the arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability or formation of this agreement to arbitrate. Any such controversy or claim shall be arbitrated on an individual basis. The arbitration shall be held in Maricopa County, Arizona, U.S.A.
You understand and agree that this agreement to arbitrate binds you and anyone else who may have a claim arising out of or related to this Agreement, including your use of and access to the Site and any Content contained therein. You also understand and agree that this agreement to arbitrate relates to claims against CyMedica or persons employed or engaged by CyMedica. You may cancel this agreement to arbitrate by giving written notice to CyMedica within 30 days of the date of your acceptance. Should you choose to withdraw from the arbitration provision, all other provisions of this Agreement shall remain in full force and effect.