Terms and Conditions

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE. YOUR — USE OF THIS WEBSITE CONFIRMS YOUR UNCONDITIONAL ACCEPTANCE OF THE FOLLOWING TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, DO NOT — USE THIS WEBSITE.

 

Revisions to these Terms and Conditions. These Terms and Conditions may be revised at any time by updating this posting. You should visit this page from time to time to review the then current Terms and Conditions because they are binding on you. Certain provisions of these Terms and Conditions may be superseded by legal notices or terms located on particular pages of this Website. YOUR CONTINUED — USE OF THIS WEBSITE AFTER CHANGES ARE MADE SHALL BE CONSIDERED YOUR ACCEPTANCE TO THE REVISIONS.

 

Products, Content and Specifications. All features, content, specifications, products, and services described or depicted on this Website, including but not limited to www.precisionmedicaldevices.com (“Website”), are subject to change at any time without notice.  Precision Medical Devices, Inc. (“PMD”) and any affiliates, subsidiaries or contractors which may, from time to time, operate certain portions of this Website pursuant to agreements with PMD (collectively, “we”, “our”, “ours” or “us”), make all reasonable efforts to accurately display the attributes of our products. The inclusion of any products or services on this Website at a particular time does not imply or warrant that these products or services will be available for purchase at any time.  The products displayed on this Website are not approved for sale in the U.S. and are limited by federal law to investigational use only in the United States. PMD’s products are only subject to a separate written warranty, if any, accompanying the products.  PMD makes no representations, warranties, or recommendations with respect to the appropriateness of any medical devices or medical procedures about which information or content is provided on this Website.  PMD does not provide medical advice. The contents of this Website are for general informational purposes only.  Reliance on any information provided in this Website is solely at your own risk.  Patients should not assume that the information on this Website will apply to them.  Rather, patients should evaluate their medical condition and make treatment decisions based upon consultation with their physician. Medical professionals and healthcare providers should exercise their own judgment in determining whether a particular product or procedure is appropriate for their practice or patients.

 

Accuracy of Information. We attempt to ensure that information on this Website is complete, accurate, and current. Despite our efforts, the information on this Website may occasionally be inaccurate, incomplete, or out of date. We make no representation as to the completeness, accuracy, or currentness of any information on this Website. For example, products included on this Website may be unavailable.

 

Except as expressly provided herein, PMD does not grant any express or implied right or license to you under any patents, design patents, trademarks, copyrights, or trade secret information.

 

Trademarks. All of the trademarks, service marks and logos displayed on this Website are registered and unregistered trademarks of ours or third parties who have licensed their trademarks to us. In addition, all content, including but not limited to text, software, music, sound, photographs, video, graphics or other material contained on this Website or in commercially produced information presented to you through the Website by us or our third party licensors (“Content”) is protected by copyright, patents or other proprietary agreements and laws and you are only permitted to use Content as expressly authorized by us or our licensors. Nothing contained herein transfers any right, title, or interest in the Website or the Content to you. You may download, view, copy and print Content, subject to the following: (a) the Content may be used solely for personal, informational, or internal business purposes; (b) any and all copyright, trademark and other proprietary rights notices must appear on all copies, including the copyright notice at the bottom of the page; (c) the Content may not be modified or altered in any way; and (d) no graphics may be used separate from accompanying text. Except as provided above, you may not use, download, upload, copy, print, display, perform, reproduce, publish, license, post, transmit, frame, mirror on another Website service, use any meta tags, inline any graphics or distribute any Content or information from the Website in whole or in part without the express permission of PMD. Requests for such permission should be made to peters@pmdemail.com. Any rights not expressly granted herein are reserved. Please be advised that PMD enforces its intellectual property rights to the fullest extent of the law. Certain product, service, or company designations for companies other than PMD may be mentioned in the Website for identification purposes only. Such designations are often claimed as trademarks or service marks. In all instances where PMD is aware of a claim, the designation appears in initial capital or all capital letters. However, you should contact the appropriate companies for more complete information regarding such designations and their registration status.

 

The contents of this Website are ©2016 Precision Medical Devices, Inc. All rights reserved.

 

Third Party Links. From time to time, this Website may contain links to websites that are not owned, operated or controlled by PMD.  PMD does not make any representation whatsoever regarding the content of any other website, which you may access from the Website. When you access a non-PMD website, please understand that it is independent from PMD and that PMD does not have any control over the content on that website. A link to a non- PMD website does not mean that PMD endorses or accepts any responsibility for the content or use of such website.  All such links are provided solely as a convenience to you. If you use these links, you will leave this Website. We are not responsible for any content, materials or other information located on or accessible from any other website. We do not endorse, guarantee, or make any representations or warranties regarding any other websites, or any content, materials or other information located or accessible from any other websites, or the results that you may obtain from using any other websites. If you decide to access any other websites linked to or from this Website, you do so entirely at your own risk. Please also review the terms and conditions of any other website that you access from the Website, as they may be different from these Terms and Conditions.

 

Linking to this Website. Creating or maintaining any link from another website to any page on this Website without PMD’s prior written permission is prohibited. Running or displaying this Website or any information or material displayed on this Website in frames or through similar means on another website without PMD’s prior written permission is prohibited. Any permitted links to this Website must comply will all applicable laws, rules, and regulations.

 

User Information. Other than personally identifiable information, which is subject to this Website’s Privacy Policy (below), any material, information, suggestions, ideas, concepts, know-how, techniques, questions, comments or other communication that you transmit through this Website in any manner (“User Communications”) is and will be considered non-confidential and non-proprietary. We and our designees may use any or all User Communications for any purpose whatsoever, including, without limitation, reproduction, transmission, disclosure, publication, broadcast, development, manufacturing, or marketing in any manner whatsoever for any or all commercial or non-commercial purposes. We will have no obligation to use, return, review, or respond to any User Communications. We will have no liability related to the content of any such User Communications, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise.

 

Privacy Policy.  We may collect personal identification information from you in a variety of ways, including, but not limited to, when you visit our Website, fill out a form, and in connection with other activities, services, features or resources we may make available on our Website from time to time. You may visit our Website anonymously. We will collect personal identification information from you only if you voluntarily submit such information to us. You can always refuse to supply personally identification information, except that it may prevent you from engaging in certain Website related activities.

 

Forward Looking Statements.  This Website may, from time to time, contain certain forward-looking information about PMD that is intended to be covered by the safe harbor for ‘forward-looking statements’ provided by the Private Securities Litigation Reform Ad of 1995. Forward-looking statements are statements that are not historical fads. Words such as “guidance,” “expect,” “will,” “may,” “anticipate,” “plan,” “estimate,” “project,” “intend,” “should,” “can,” “likely,” “could,” and similar expressions are intended to identify forward-looking statements. These statements include statements about PMD’s plans, strategies and prospects. Forward-looking statements are not guarantees of performance. These statements are based upon the current beliefs and expectations of our management and are subject to risks and uncertainties that could cause actual results to differ materially from those expressed in, or implied or projected by, the forward-looking information and statements. Although PMD believes that the expectations reflected in the forward-looking statements are reasonable, PMD cannot assure you that the expectations will prove to be correct. You should not place undue reliance on these forward-looking statements, which speak only as of the date they were placed on this Website. Except to the extent required by applicable law or regulation, we undertake no obligation to update or publish revised forward-looking statements to reflect events or circumstances after such date or to reflect the occurrence of unanticipated events.

 

DISCLAIMER OF WARRANTIES. YOUR — USE OF THIS WEBSITE IS AT YOUR RISK. THE INFORMATION AND MATERIALS, PROVIDED ON OR THROUGH THIS WEBSITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. WE DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION OR MATERIALS PROVIDED ON OR THROUGH THIS WEBSITE.

 

THE INFORMATION AND MATERIALS PROVIDED ON OR THROUGH THIS WEBSITE MAY BE OUT OF DATE, MAY CONTAIN INACCURACIES OR TYPOGRAPHICAL ERRORS, AND WE DO NOT MAKE ANY COMMITMENT OR ASSUME ANY DUTY TO UPDATE SUCH INFORMATION OR MATERIAL.  WE DO NOT WARRANT THE ACCURACY, COMPLETENESS, OR — USEFULNESS OF SUCH INFORMATION AND MATERIAL OR THE RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THE WEBSITE.  THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.

 

LIMITATIONS OF LIABILITY. We do not assume any responsibility, and we will not be liable, for any damages to, or any viruses that may infect, your computer, telecommunication equipment, or other property caused by or arising from your access to, use of, or browsing this Website, or your downloading of any information or materials from this Website. IN NO EVENT WILL WE, OR ANY OF OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS OR ASSIGNS, OR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THIS WEBSITE, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL ECONOMIC DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE — USE OR INABILITY TO — USE THIS WEBSITE, ANY WEBSITE LINKED TO THIS WEBSITE, OR THE INFORMATION OR MATERIALS CONTAINED ON ANY OR ALL SUCH WEBSITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY DOES NOT APPLY TO PERSONAL INJURY CLAIMS OR CLAIMS FOR CONSUMER FRAUD.

 

IN THE EVENT OF ANY PROBLEM WITH YOUR — USE OF THE WEBSITE, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THIS WEBSITE.

 

Termination. We reserve the right to change, suspend, or discontinue all or any aspect of this Website at any time without notice.

 

This Policy was last revised on, and effective as of, 1/16/2018.