MYOSTIM TERMS OF USE
WELCOME TO THE MYOSTIM INC. (“MYOSTIM”) WEBSITE, www.myostimpacer.com (“WEBSITE”). THE FOLLOWING TERMS OF USE APPLY TO ALL PAGES OF THIS WEBSITE. PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE. All visitors to this and other MyoStim associated web sites agree to read and abide by the complete terms of use. THESE TERMS OF USE WERE LAST UPDATED IN SEPTEMBER 2011.
Medical Information. The information and reference materials contained in the Website are intended solely for the general information of the reader. These materials are not designed or presented for treatment purposes, but rather for discussion with your own physician. The information presented is not intended to diagnose health problems or to take the place of professional medical care. The information contained herein is not intended to dictate what constitutes reasonable, appropriate or best care for any given health issue, nor is it intended to be used as a substitute for the independent judgment of a physician for any given health issue. MyoStim does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on this or any affiliated websites. Reliance on any information provided by MyoStim, MyoStim employees or visitors to this Website is solely at your own risk. The website contains health and/or medical related materials. If you find these materials offensive, you may not want to use our website.
No medical advice. The information provided on the Website is not to be considered medical advice and is not intended to replace consultation with a qualified medical professional. Always seek the advice of your physician or other qualified health provider with any questions you have regarding a medical condition. Do not disregard professional medical advice or delay in seeking treatment or advice because of something you have read on the Website. If you think you may have a medical emergency, call your physician and/or emergency services immediately.
GENERAL. MyoStim is based in San Diego, California, in the United States of America. MyoStim makes no claims that materials on the Website are appropriate for any particular audience and/or may be downloaded in any particular jurisdiction. Access to the Website and/or content therein may not be legal by certain persons or in certain nations or jurisdictions. If you access the Website, you do so at your own risk and you are responsible for compliance with the laws of your jurisdiction. By using the Website, you signify your assent to these Terms of Use as well as the MyoStim Privacy Policy. If you do not agree to each provision of these Terms of Use and the Privacy Policy, do not use the Website! MyoStim may revise and update the Terms of Use and/or Privacy Policy at any time. Your continued use of the MyoStim website will mean you accept such changes.
USE OF CONTENT. MyoStim authorizes you to view or download a single copy of the material on the Website solely for your personal, noncommercial use if you include the following copyright notice: “©2011 MyoStim. All rights reserved” and other copyright, trademark and proprietary rights notices that are contained throughout. Special rules for the use of certain software and other items accessible on the Website may be included elsewhere and are incorporated into these Terms of Use by reference. The Website content is protected by copyright under United States and other national and international laws. Title to the Website content remains with MyoStim or its licensors. Any use of Website content not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws. Content and features are subject to change or termination without notice at the editorial discretion of MyoStim. All rights not expressly granted herein are reserved to MyoStim and its licensors. If you violate any of these Terms of Use, your permission to use the Website automatically terminates and you must immediately destroy any copies you have made of any portion of the Website content.
MYOSTIM, ITS LICENSORS, AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. Without limiting the foregoing, MyoStim, its licensors, and its suppliers make no representations and disclaim all warranties about the following:
1. The accuracy, reliability, completeness, correctness, or timeliness of the content, software, text, graphics, links, or communications provided on or through the use of the Website.
2. The satisfaction of any government regulations requiring disclosure of information on prescription medical products or the approval or compliance of any software tools with regard to content contained on the Website.
In no event shall MyoStim, its licensors, its suppliers, or any third parties mentioned on the Website be liable for any damages (including, without limitation, direct, indirect, incidental, special and/or consequential damages, product liability, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use of or inability to use the Website, content herein and/or any other websites linked to the Website, whether based on warranty, contract, tort, or any other legal theory, and whether or not MyoStim is advised of the possibility of such damages. MyoStim will not be liable for any damages that result directly or indirectly from mistake, omission, interruption, deletion of files, virus, error, defect, or any failure of performance, communications failure, theft, destruction and/or unauthorized access. In nations or jurisdictions which do not allow some or all of the above limitations of liability, liability shall be limited to the greatest extent allowed by law.
INDEMNITY. By your use of the Website, you agree to defend, indemnify, and hold MyoStim, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms of Use.
JURISDICTION AND SEVERABILITY. Exclusive jurisdiction for any dispute with MyoStim, or in any way relating to your use of the MyoStim website, resides in the courts of the State of California and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of California in connection with any such dispute including any claim involving MyoStim or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers. These Terms of Use are governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any of these Terms of Use shall be deemed a further or continuing waiver of such term or any other part of these Terms of Use.
Link Disclaimer. Links are provided only as an informational resource. Please note that many of the links provided are not on our servers and are not maintained by us or affiliated with any services provided by us. These links are provided simply as a service, and it should not be implied that we recommend, endorse or approve of any of the content at the linked site(s), nor are we responsible for their availability, accuracy or content.
TRADEMARKS. MyoStim®, the MyoStim® design logo are trademarks of MyoStim registered with the United States Patent and Trademark Office. Additional trademark registrations may be pending or subsequently sought in various jurisdictions, and all rights related to each of these trademarks and design logos are reserved.
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