Terms of Use
Your access to and use of the Osprey Medical web site at www.ospreymed.com (the “Site”), which is owned and operated by Osprey Medical, Inc. (“we,” “us,” “our,” or “Osprey Medical”), is limited and conditioned upon acceptance of and agreement to these Terms of Use. Your access and use of the Site indicates your legally binding acknowledgement and agreement that you have read and agree to these Terms of Use. If you do not agree, do not use this Site. We also reserve the right to terminate your access and use of the Site for conduct that violates these Terms of Use; Osprey Medical’s other rights; or that is otherwise illegal, harmful or inappropriate.
This is a contract that becomes effective upon initial access of the Site, and continues for the duration of your use of the Site. Osprey Medical reserves the right to amend these Terms of Use at any time by posting the amended Terms on the Site, which will be effective and binding as of posting. Osprey Medical may also add, delete or modify the Site at any time. These Terms of Use may not be modified or terminated by you, other than by discontinuance of all use of the Site.
General
Osprey Medical grants you a limited, non-exclusive, nontransferable license to access, use and display single copies of pages contained on the Site for noncommercial use and on the machine you are presently using. Your exercise of this limited license is subject to and conditioned on honoring the then-current Terms of Use of this Agreement, and this license will automatically terminate if you breach any term of these Terms of Use.
You are granted a non-exclusive, non-transferable, revocable license to access and use the Site. As a condition of your use of the Site, you warrant that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
OWNER RESERVES THE RIGHT TO REFUSE USE OF OR REVOKE ITS LICENSE TO THE SITE TO ANYONE, FOR ANY REASON.
System Integrity
You agree that you will not use any device, software or routine, including but not limited to any viruses, trojan horses, worms, time bombs or cancelbots, intended to damage or interfere with the proper working of the Site or to surreptitiously intercept or expropriate any system, data or personal information from the Site. You may not take any action that imposes an unreasonable or disproportionately large load on our infrastructure, including but not limited to “spam” or other such unsolicited mass e-mailing techniques.
Health/Medical Disclaimer
This Site and any related links or downloads regarding Osprey Medical information is intended only to provide you with information regarding our products and services and does not constitute medical advice. Nothing contained on this Site should be considered to be medical advice. You are advised to review any information from the Site with a licensed physician to better understand our products and offerings.
Submissions
Any communication or material other than your personal information submitted to this Site by electronic mail is the exclusive property of Osprey Medical and is considered to be non-confidential and non-proprietary. Such communication may include without limitation questions, comments, suggestions and ideas, and Osprey Medical shall be free to use them for any purposes whatsoever without restriction or compensation.
Intellectual Property Notices
Unless otherwise specified, all content included as part of this Site, including the text, site design, logos, graphics, icons, and images, as well as the selection, assembly and arrangement thereof (“Content”), are the sole property of Osprey Medical or by one of its affiliates, or by third parties who have licensed their materials to Osprey Medical, and are protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends, or other restrictions contained in any such content, and will not make any changes thereto.
You may download, store, print, and copy selected portions of the Content of this website, provided you:
• Only use the Content you download for your personal, noncommercial use or to further your business dealings with Osprey Medical;
• Do not publish or post any part of the Content on any other Internet site without obtaining the prior written consent of Osprey Medical;
• Do not publish or broadcast any part of the Content in or on any other media without obtaining the prior written consent of Osprey Medical; and
• Do not modify or alter the Content in any way or delete or modify any copyright or trademark notices or notices of confidentiality.
No right, title or interest in the downloaded Content is transferred to you when you download Content from the Site. Osprey Medical reserves all intellectual property rights in any Content you download from the Site.
Except as expressly stated above, you may not copy, download, print, publish, display, perform, distribute, transmit, transfer, translate, modify, add to, update, compile, abridge or in any other way transform or adapt all or any part of the Content without first obtaining written permission from Osprey Medical.
All of the trademarks, service marks, and logos displayed on this website (the “Trademark(s)”) are registered and unregistered trademarks of Osprey Medical, one of its affiliates, or third parties who have licensed their Trademarks to Osprey Medical or one of its affiliates. Except as expressly stated in these terms and conditions, you may not reproduce, display, or otherwise use any Trademark without first obtaining Osprey Medical Medical’s written permission.
If you think that any of the Content on this website infringes a copyright, trademark, patent, or other right of another party, please contact Osprey Medical.
Links to Other Websites
From time to time, the Site may include courtesy links to other web sites, which are provided for your convenience only. Unless otherwise indicated, Osprey Medical does not review, recommend or endorse any specific sites, or any products, services or information they may contain, and does not warrant their accuracy or quality. Opinions expressed on any web site are those of that web site’s authors, and not Osprey Medical.
Electronic Communications
Visiting the Site or sending emails to Osprey Medical constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications that Osprey Medical provides to you electronically, via email, and on the Site, satisfy any legal requirement that such communications be in writing. To opt out of receiving marketing emails from Osprey Medical, follow the “unsubscribe” link on the email to change your user preferences. There may be certain system-generated and legal notices that you cannot opt out of.
Indemnification
You agree to indemnify, defend, and hold harmless Osprey Medical, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Site, your violation of these Terms, your violation of any rights of a third party or your violation of any applicable laws, rules, or regulations. We reserve the right, at our own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with us in asserting any available defenses.
No Warranty and Limitation of Liability
THIS SITE IS INTENDED FOR INFORMATIONAL PURPOSES ONLY. THE CONTENT, MATERIALS, AND ANY OTHER INFORMATION ON THIS SITE IS NOT INTENDED TO CONSTITUTE LEGAL, HEALTH OR PROFESSIONAL ADVICE, OTHER THAN AS DESCRIBED IN THE DOCUMENTS AND SPECIFIC CONTENT ACCESSED ON THE SITE.
OSPREY MEDICAL AND/OR ITS AFFILIATES OR SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. YOUR USE, ACCESS, OR BROWSING OF THIS SITE IS PERFORMED AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE INFORMATION, CONTENT, AND MATERIALS FROM, IN OR THROUGH THE SITE ARE PROVIDED “AS-IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS.” ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING, WITHOUT LIMITATION, TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE).
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL OSPREY MEDICAL AND/OR ITS AFFILIATES OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE OR THE APPLICATION, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF OSPREY MEDICAL OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
Governing Law, Venue and Jurisdiction
These Terms shall be treated as though they were executed and performed in Delaware, and shall be governed by the laws of the State of Delaware and the laws of the United States without regard to conflict of law principles. Any claim or dispute related to the Site or under these Terms of Use, the Privacy Policy, and any legal notices on this Site, must be instituted within one (1) year after the claim arose (if multiple claims, from the date the first claim arose), or be forever waived and barred. You agree that you will bring any claims in, and submit to the exclusive jurisdiction of, the state and federal courts located in the County of Hennepin, in the State of Minnesota.
Questions
You can direct any questions regarding these Terms of Use of use to:
Osprey Medical, Inc.
5600 Rowland Rd. Suite 250
Minnetonka, MN 55343
E-mail: info@ospreymed.com
GP:4839-0323-3360 v2
