Disclaimer

HemoSonics, LLC Disclaimer

Please read the following terms and conditions relating to your use of the HemoSonics website carefully before using our website.

1. General

1.1 HemoSonics, LLC (“HemoSonics”, “Company”, “we”, “us, “our”), a Virginia, USA, limited liability company manages and controls this website hemosonics.com (the “Website”). The address of the Company’s principal executive office is 400 Preston Avenue, Suite 250, Charlottesville, Virginia 22903 USA.

1.2 If you have any complaints or questions concerning the Website, please contact us by email at support@hemosonics.com or by telephone at 984-219-2655.

1.3 These terms and conditions of use (the “Terms”) together with the Privacy Policy and the Cookie Policy which is incorporated by reference herein, govern your use of the Website. By using the Website, you are deemed to understand and accept these Terms. We recommend that you print a copy of these Terms for the future. If you do not accept these Terms in full you must stop using the Website immediately.

2. Changes to the Terms

Your access to the Website shall be subject to your compliance with the Terms, which we reserve the right to amend or update at any time. The date of our most recent changes to the Terms will appear at the bottom of the last page of this document. Every time you wish to use our Website, please check these Terms to ensure that you understand the terms that apply at that time.

3. Website Disclaimer

3.1 While we have attempted to ensure the accuracy of the information which can be accessed via the Website at the time of publication, Nevertheless, the Website or its contents may contain inaccuracies or typographical errors. The Website and its contents are provided on an “as is” and “as available” basis only. We do not guarantee or assure the accuracy, timeliness, completeness or fitness for any purpose of the information provided on the Website, nor that use of the Website will be uninterrupted or error-free.

3.2 The Website has been designed to provide general information concerning us. The communicated information is provided for information only and is not intended to, nor does it, constitute professional advice upon which a specific decision should be made or a recommendation to purchase any product or service, and it is not binding on us in any manner whatsoever. You should not rely upon the content of the Website as a substitute for professional advice and you should independently check the information contained on the Website and seek your own independent advice. We therefore exclude any and all liability and responsibility arising from any reliance placed on the information and content of the Website by any visitor, or by anyone who may be informed of its contents.

3.3 We may make changes to the information contained on the Website at any time without notice, but make no commitment to update that information.

3.4 We do not guarantee that our Website, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our Website for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.

3.5 You are responsible for ensuring that all persons who access our Website through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

4. Your Access to the Website

4.1 Access to the Website is expected to be possible twenty-four (24) hours a day, seven (7) days a week, except in an event which is beyond our control, and subject to possible breakdowns and maintenance work required for the proper functioning of the Website.

4.2 We hereby grant you a limited revocable, non-exclusive and non-transferable license to access and use the Website for its intended purposes, subject to your compliance with these Terms. This license does not include the right to collect or use information contained on the Website for purposes prohibited by the Terms to create derivative works based on the content of the Website; or download or copy the Website. If you use the Website in a manner that exceeds the scope of this license or you breach the Terms, we may revoke the license granted to you.

5. Your Use of the Website

5.1 You agree to use the Website for lawful and fair purposes only and you represent and guarantee us that you will not use the Website in any way or for any purpose that is unlawful, fraudulent or prohibited by these Terms. In particular, but without limitation, you agree that you will not:

5.1.1 use the Website in any way that breaches any applicable local, national or international law or regulation;

5.1.2 upload, transmit or post any computer virus or harmful file, program or other computer code designed to adversely affect the operation of any software or hardware;

5.1.3 send, upload, post or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk email”, “spam” or any duplicative messages;

5.1.4 use the Website in any manner which could damage, disrupt, disable, overburden, or impair the Website; or

5.1.5 interfere with any other party’s use or enjoyment of the Website;

5.2 To the extent permitted by law, you indemnify and hold us and any of our officers, employees or agents harmless from and against all and any expenses, losses, liabilities, damages, costs or expenses incurred or suffered and any claims or legal proceedings which are brought or threatened, in each case arising from your use of, or conduct on, the Website and/or any breach of the Terms.

6. Intellectual Property Rights

6.1 Except as is otherwise indicated on the Website, we and/or our licensors own the copyright in the content of the Website (including but not limited to data, information, illustrations, logos, brands and trademarks, etc.) and all related intellectual property rights, including but not limited to all database rights, unregistered and registered trademarks and logos.

6.2 Nothing in the Website is intended to grant, by implication or otherwise, any license or right under any patent, trademark or other intellectual property owned by us, our licensors or any third party.

6.3 Subject to Section 7, any copying, reproduction or dissemination of all or part of the content of the Website, by any process whatsoever, is illegal.

You are responsible for taking all appropriate measures to protect your own data and/or software from contamination by any virus circulating on the internet.

7. Use of Documents and Software

You may not copy, reproduce, publish, upload, post, transmit or distribute in any manner whatsoever any of the documents contained on the Website (the “Documents”), except under the following conditions:

You may download one (1) copy of the Documents onto a computer for your personal use for non-commercial purposes, provided that you keep intact all copyright notices and statements and all indications of other proprietary rights. Any changes to the Documents or their use for any other purpose shall constitute an infringement of our copyright and other proprietary rights. You are prohibited from using the Documents on another website or in a networked computing environment.

You may download one (1) copy of the software contained on the Website (the “Software”). We grant you a non-exclusive, revocable right of use of the Software (including the files, images integrated therein, and accompanying data). We do not grant you any proprietary rights over the Software and the elements which accompany it. You possess the medium on which the Software is recorded, but we retain full ownership of it and all intellectual property rights in the Software for all purposes whatsoever. To the extent permitted by law, you are prohibited from redistributing, selling, decompiling, dismantling, disassembling or reducing the Software in any manner whatsoever in a usable form.

8. You may Download one (1) copy of the Software Contained on the Website

8.1 We use reasonable efforts to check and test material at all stages of production and to protect the Website from computer viruses, worms, Trojan Horses and other destructive features (the “Destructive Features”). It is always wise for you to run an anti-virus program on all material downloaded from the internet, including from the Website. We do not warrant that the Website is free from Destructive Features and we do not accept any liability for any loss, disruption or damage to your data, your computer system or otherwise which may occur from the transmission of any Destructive Feature via the Website or the services made available through it.

8.2 You are responsible for ensuring that your computer system meets all relevant technical specifications necessary to use the Website or any services made available through it and that it is compatible with the Website.

9. Limitation of Liability

9.1 We promise that we will provide the Website and any services to you with reasonable skill and care, but we do not guarantee that the Website or the services provided through it will be fault free or meet your requirements.

9.2 We exclude all other express or implied terms, conditions, warranties, or representations whatsoever with regard to any goods or any other information or service, including but not limited to implied warranties of satisfactory quality, fitness for purpose, non-infringement, compatibility, security and accuracy, provided through the Website other than those which cannot be excluded by law. We will not be liable for any loss or damage whatsoever or however arising out of or in connection with your use of the Website. For the avoidance of doubt, the above limitations of liability do not apply in the case of death or personal injury caused by our negligence, or where we have acted fraudulently, to the extent required by law.

9.3 We accept no liability for any indirect or consequential loss or damage, however caused, even if foreseeable (save that these limitations on our liability do not affect your non-excludable statutory rights as a consumer, if relevant), including any damages arising from loss of use, data or profits, whether in contract, tort or otherwise.

9.4 Except in respect of any payment obligation, neither us nor you will be liable for any failure to perform any obligation owed to the other due to reasons beyond our reasonable control, such as, for example, industrial disputes, acts of God, terrorism and technical difficulties.

10. Links to Third Party Websites

10.1 When you access an external website linked to the Website by way of a hypertext link (the “Linked Sites”), you accept that it is independent from the Website. We are neither responsible for, nor do we necessarily endorse the content of Linked Sites. We do not accept responsibility for any losses or penalties incurred as a result of your use of any Linked Sites, or reliance on the content of any Linked Sites.

10.2 We mainly provide these links to Linked Sites to you only as a convenience and the inclusion of any such link in the Website does not imply any endorsement by us. You hereby acknowledge and agree that you visit Linked Sites entirely at your own risk.

11. Our Use of Your Information

We will use the personal information you provide when using the Website in accordance with our Privacy Policy, which is available on our Website. If you do not agree to our Privacy Policy, you should not use the Website.

12. Termination and Access Restriction

12.1 We reserve the right, in our sole discretion, to terminate your access to the Website or any portion of the Website at any time without notice.

12.2 In the event that you breach the Terms, your limited license to use the Website shall expire immediately, without you having any right or claim. You will be solely liable for any loss suffered by us or any third party as a result of your breach of the Terms.

13. Entire Agreement

Except for in the case of fraud, these Terms constitute the entire understanding and agreement between you and us regarding your use of the Website.

14. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the State of Virginia, United States of America.

The courts of the State of Virginia shall have exclusive jurisdiction over any claims, disputes or matters arising under or in connection with the Terms.

15. Severability

In the event that any of the provisions of these Terms should be held to be illegal, invalid or otherwise unenforceable under the laws of the country in which these Terms are intended to be effective, then to the extent that they are so illegal, invalid or unenforceable, they shall in that state or country be treated as severed and deleted from these Terms and the remaining Terms shall survive and remain in full force and effect and continue to be binding and enforceable in that state or country.

16. Miscellaneous Information

Publisher of the Site:
HEMOSONICS, LLC
A Virginia limited liability company
With its principal executive office located at 400 Preston Avenue, Suite 250, Charlottesville, Virginia 22903 USA

Tel: (919) 504-1030
E-mail address: contact@hemosonics.com
Editorial manager: editorial-manager@hemosonics.com
Hosting: WP Engine – 504 Lavaca Street, Suite 1000 – Austin, TX 78701
Last update September 2018

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