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RADTEC MEDICAL DEVICES

TERMS AND CONDITIONS OF USE

 IMPORTANT – PLEASE READ CAREFULLY: BY USING THIS WEBSITE, YOU ACCEPT AND AGREE TO BE BOUND BY THE TERMS AND PROVISION OF THIS RADTEC MEDICAL DEVICES TERMS AND CONDITIONS OF USE (“TOU” OR “TERMS OF USE”). THIS TOU IS A LEGAL AGREEMENT BETWEEN YOU (“YOU” OR “YOUR“) AND RADTEC MEDICAL DEVICES, INC. (“RADTEC,” WE,” “US,” OR “OUR“) AND GOVERNS YOUR USE OF THE RADTEC WEBSITE (“SITE”).  RADTEC AND YOU MAY BE REFERRED TO INDIVIDUALLY AS A “PARTY” OR COLLECTIVELY AS “PARTIES.”

In addition, when using this Site’s particular services, You shall be subject to any posted guidelines or rules applicable to such services, which may be posted and modified from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS.

ANY PARTICIPATION IN THE SITE WILL CONSTITUTE ACCEPTANCE OF THIS TOU. IF YOU DO NOT AGREE TO ABIDE BY THE ABOVE, PLEASE DO NOT USE THE SITE.

  1. Restrictions on Use

All pages within this Site and any material made available for download (collectively the “Site”) are the property RadTec Medical Devices, Inc.  (“RadTec”) and/or its affiliates. The Site is protected by federal and international copyright and trademark laws. No portion of the materials on these pages may be reprinted, republished, modified, or distributed in any form without the express written permission of RadTec. The Site is for Your own personal use or the internal use of Your business. You shall keep intact any proprietary notices, including copyright notices, contained on any downloaded materials and shall comply with any applicable end user license agreements.

Any rights not expressly granted by this Terms of Use or any applicable end user license agreements are reserved by RadTec.

  1. Trademarks

RadTecMedicalDevices.com is a service mark of RadTec or its affiliates. All rights reserved. These and other RadTecMedicalDevices.com graphics, logs and service marks and trademarks of RadTec and its affiliates may not be used without prior written consent of RadTec. All other trademarks, product names, and company names and logos appearing on the Site are the property of their respective owners.

  1. Warranty Disclaimer

THE SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICE, IS PROVIDED “AS IS,” WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE, SITE-RELATED SERVICES, AND HYPERLINKED WEBSITES.

RADTEC ITS AFFILIATES AND ITS SPONSORS ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, SITE-RELATED SERVICES, CONTENT OR INFORMATION CONTAINED WITHIN THE SITE, AND/OR ANY HYPERLINKED WEBSITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, SITE-RELATED SERVICES, AND/OR HYPERLINKED WEBSITES IS TO STOP USING THE SITE AND/OR THOSE SERVICES.

Although RadTec attempts to ensure the integrity and accurateness of the Site, it makes no guarantees whatsoever as to the correctness or accuracy of the Site. It is possible that the Site could include inaccuracies or errors, and that unauthorized additions, deletions and alterations could be made to the Site by third Parties. In the event that an inaccuracy arises, please inform RadTec so that it can be corrected. Information contained on the Site may be changed or updated without notice.

  1. Confidential and Proprietary Information

RadTec does not want to receive confidential or proprietary information from You through the Site. Please note that any information or material sent to RadTec through the Site will be deemed NOT to be confidential. By sending RadTec any information or material, You grant RadTec an unrestricted, irrevocable, world-wide, royalty free license to use, reproduce, display, perform, modify, transmit, and distribute those materials or information, and You also agree that RadTec is free to use any ideas, concepts, know-how, or techniques that You send us for any purpose.

  1. Links or Pointers to Other Sites

RadTec  makes no representations whatsoever about any other website that You may access though the Site. When You access a non-RadTec Website, please understand that it is independent from the Site and from RadTec and that RadTec has no control over the content on that Website. In addition, a hyperlink to a non-RadTec Website does not mean that RadTec endorses or accepts any responsibility for the content, or the use, of the linked Website. It is up to You to take precautions to ensure that whatever You select for Your use or download is free of such items as viruses, worms, trojan horses, and other items of a destructive nature.

  1. Choice of Law and Venue

This Terms of Use is entered into in the State of California and shall be governed by and construed in accordance with the laws of the State of California, exclusive of its choice of law rules. Each Party to this Terms of Use submits to the exclusive jurisdiction of the state and federal courts sitting in the County of San Mateo in the State of California, and waives any jurisdictional, venue, or inconvenient forum objections to such courts.

  1. Severability

The provisions of these Terms of Use are intended to be severable. If for any reason any provision of these Terms of Use shall be held invalid or unenforceable in whole or in part in any jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction.

  1. Entire Agreement

This Terms of Use constitutes the entire agreement between RadTec and You pertaining to this Terms of Use. In its sole discretion, RadTec may modify this Terms of Use by posting the revised version of these Terms of Use on the Site and You agree that each visit by You to the Site is a new transaction governed by the terms of use linked on the Site at that time.

  1. No Unlawful or Prohibited Purpose

As a condition of Your use of the Site, You warrant to RadTec that You will not use the Site for any purpose that is unlawful or prohibited by this Terms of Use.

  1. Termination of Usage

RadTec may terminate Your access, or suspend Your access to all or part of Site, without notice, for any conduct that Radtec, in its sole discretion, believes is in violation of any applicable law or is harmful to the interests of another user, a third party service provider, or RadTec.

 

  1. Indemnification

You agree to defend, indemnify, and hold us and our Affiliates harmless from all liabilities, claims, and expenses, including attorney’s fees, that arise from Your use or misuse of the Site. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, in which event You will cooperate with us in asserting any available defenses.