You understand, acknowledge, and agree to the following:
- You agree not to disrupt or intercept RF Surgical electronic information posted on this Website or any of our servers. You agree not to attempt to circumvent any security features of this Website and to abide by all applicable federal, state and local laws, as well as international laws, rules and regulations.
- Unless specified in written agreement otherwise, no confidential relationship exists between you and RF Surgical Systems, Inc.
You acknowledge and agree with the following statements:
- This Website and all its materials are owned and operated by RF Surgical Systems, which is headquartered at 5927 Landau Ct, Carlsbad, CA 92008.
- This Website provides information on our products and services. RF Surgical will make a reasonable effort to provide any update(s) to these materials. But RF Surgical Systems does not warrant or assure the accuracy, currency or completeness of the information at any given time that you access the Website. RF Surgical shall not be liable for any damages or injury that may result from your access or reliance of the materials on this Website.
- Your use of this Website is at your own risk. All materials on this Website is being provided “AS IS”. Neither RF Surgical Systems nor any of its agencies, involved in the development or delivery of this Website, will be liable for any direct or indirect damage or injury which may result from your access or reliance on the materials of this Website. RF Surgical Systems assumes no responsibility and shall not be liable for any damage to your computer equipment or property, due to but not limited to viruses, which may infect your computer equipment or property as a result of your access, use of, browsing in this Website, or downloads of any materials, data, text, images, video or audio from the Website.
- RF Surgical Systems may provide links or references to other sites. These links are provided merely as a convenience to the users of this Website. But RF Surgical Systems has no responsibility for the content of such other sites and shall not be liable for damage or injury which may result from your access or reliance on the information of such other sites.
Intellectual Property Information
RF Surgical Systems and the RF Surgical Systems Logo are trademarks of RF Surgical Systems, Inc. In addition, all trademarks, products, product names, designs, logos, taglines and service marks (collectively referred to as the “Trademarks”) displayed on this Website, whether marked or unmarked, are registered and unregistered Trademarks of RF Surgical Systems, Inc. and are protected in the United States and internationally.
The materials of this Website, including text, images, layout design, and computer code, are protected by Copyright and Trademark Laws of the United States and other countries. You may download content only for your personal use for non-commercial purposes, provided that you retain all copyright and proprietary statements contained on this content. You may not modify any material or make any changes.
No statements on this Website should be construed or perceived as granting, even my implication or assumption, any license or right to use any of the Trademarks displayed or provided on this Website. Your use of any of the Trademarks is strictly prohibited. You are advised that RF Surgical Systems will aggressively enforce its intellectually property rights to the fullest extent of the law for any violation of our Trademarks.
You may not distribute, modify, replicate, transmit, or use the content of this Website for public or commercial purposes without prior written permission from RF Surgical Systems, Inc.
Because different countries around the world have different laws and regulatory requirements, some medical devices and treatments are available in some countries and not in others. This Website contains references or cross references to RF Surgical Systems products, programs and services that may not be available or announced in your country. These references do not imply that RF Surgical Systems intends to announce such products, programs or services in your country. Consult your local sales representative or contact RF Surgical Systems directly if you have questions about which products, programs and services may be available to you in your area.
DISCLAIMER OF WARRANTIES
This website is provided on an “as is,” “as available” basis, without warranties of any kind. To the fullest extent possible pursuant to applicable law, rf surgical systems and its affiliates disclaim all warranties, expressed, implied or statutory, including, but not limited to, warranties of merchantability, fitness for a particular purpose, and non-infringement of third-party rights and implied warranties arising from course of dealing or course of performance. Without limiting the foregoing, rf surgical systems does not represent or warrant that this website will be available at any particular time or location or that its operation will be uninterrupted or error free. Rf surgical systems does not represent or warrant that the content of this site is free of viruses, worms or other code that may manifest contaminating or destructive properties. If your use of the website or the materials results in the need for servicing or replacing equipment or data, rf surgical systems is not responsible for those costs. Users are responsible for protecting themselves by installing, updating and running anti-virus programs. Information published on this website may be incomplete or outdated and may contain inaccuracies or typographical errors. Rf surgical systems does not warrant or make any representations regarding the use, validity, accuracy, currency, reliability or completeness of, or the results of the use of, or otherwise respecting this website or any information, materials, services, software, text, graphics and links contained on or accessed through this website. Because some jurisdictions do not permit the exclusion of certain warranties, these exclusions may not apply to you. Rf surgical systems makes no claims that the materials are appropriate or may be downloaded outside of the united states. Access to the materials may not be legal by certain persons or in certain countries. If you access the website from outside of the united states, you do so at your own risk and are responsible for compliance within the laws of your jurisdiction.
LIMITATION OF LIABILITY
Your use of this website is at your sole risk. Under no circumstances shall rf surgical systems, its affiliates or any of their respective directors, officers, employees, or agents be liable for any direct or indirect losses or damages arising out of or in connection with your use of or inability to use this website or your reliance on any information provided on this website. This is a comprehensive limitation of liability that applies to all losses and damages of any kind whatsoever, whether direct or indirect, general, special, incidental, consequential, exemplary or otherwise, including without limitation to, loss of data, revenue or profits. This limitation of liability applies whether the alleged liability is based on contract, negligence, tort, strict liability or any other basis and even if an authorized representative of rf surgical systems or its affiliates has been advised of or should have known of the possibility of such damages. If any part of this limitation of liability is found to be invalid or unenforceable for any reason, then the aggregate liability of rf surgical systems and/or its affiliates under such circumstances for liabilities that otherwise would have been limited shall not exceed one hundred ($100.00) dollars.
You agree to defend, indemnify, and hold harmless rf surgical systems, its officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation, reasonable legal and accounting fees, resulting from your use of the website or your breach of the terms of these terms and conditions. Rf surgical systems shall provide notice to you promptly of any such claim, suit or proceeding of which it receives notice and shall assist you, at your expense, in defending any such claim, suit or proceeding.
If we offer member only access to one or more sections of this Website, you agree that we may terminate or suspend your use of the Website without prior notice and acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Website. You also agree that we will not be liable to you or any third party for any termination of your access to the Website.
GOVERNING LAW AND JURISDICTION
Any claim relating to these Terms and Conditions and/or the use of this Website shall be governed by the laws of the State of California. By using this Website, you consent to personal jurisdiction in the federal and state courts of California for any action arising out of or relating to this Website, these Terms and Conditions or your use of this Website. The federal and state courts of California shall have exclusive jurisdiction over all such actions.
SEVERABILITY AND NO WAIVER
If any provision of these Terms and Conditions is held invalid or unenforceable by any court of competent jurisdiction, the other provisions of these Terms and Conditions shall remain in full force and effect. Any provision of these Terms and Conditions held invalid or unenforceable only in part or degree will remain in full force and effect to the extent not held invalid or unenforceable. No waiver of any term hereof shall be deemed a further or continuing waiver of such term or any other term.
All rights reserved.