Legal Notice CHECKPOINT SURGICAL Website
Introduction
Welcome to the CheckpointSurgical.com web site. Checkpoint Surgical, Inc., created and maintains this web site to provide information to and communicate better with physicians, patients, investors, and others who may be interested in learning more about Checkpoint Surgical and the products it offers. PLEASE READ AND REVIEW THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEB SITE.
Your Acceptance of These Terms and Conditions
Please take a few minutes to carefully review these terms and conditions. By using this web site, you agree to these terms and conditions. If you do not agree, please exit and disregard the information contained herein. BY ACCESSING AND USING THIS WEB SITE YOU AGREE TO FOLLOW AND BE BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO FOLLOW AND BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS, USE OR DOWNLOAD MATERIALS FROM THIS WEB SITE.
Disclaimer: These Terms and Conditions May Change:
Checkpoint Surgical reserves the right to update or modify these terms and conditions at any time without prior notice. Your use of this web site following any such change constitutes your agreement to follow and be bound by the terms and conditions as changed. For this reason, we encourage you to review these terms and conditions every time you use this web site. These terms and conditions were last revised on October 8, 2009.
Copyright And Restriction On Use Of Material (Noncommercial Use):
Everything you see and hear on this site (the “Content”), including, for example, all of the text, directories, photographs, illustrations, graphics, audio clips, video clips, and audio-video clips, is copyrighted under United States law and applicable international copyright laws and treaty provisions. The copyrights in the Content are owned by Checkpoint Surgical, Inc., or by one of its affiliates, or by third parties who have licensed their materials to Checkpoint Surgical. The entire Content of this site is copyrighted as a collective work under United States law and applicable international copyright laws and treaties. Checkpoint Surgical owns the copyright in the selection, coordination, arrangement and enhancement of the Content.
You may download, store, print, and copy selected portions of the Content of this site, provided you:
1. Only use the Content you download for your personal, noncommercial use or to further your business dealings with Checkpoint Surgical
2. Do not publish or post any part of the Content on any other Internet site without obtaining the prior written consent of Checkpoint Surgical
3. Do not publish or broadcast any part of the Content in or on any other media without obtaining the prior written consent of Checkpoint Surgical
4. 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 this site. Checkpoint Surgical reserves all intellectual property rights in any Content you download from this 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 of this site without first obtaining written permission from Checkpoint Surgical.
Trademark Notice:
All of the trademarks, service marks and logos displayed on this web site (the “Trademark(s)”) are registered and unregistered trademarks of Checkpoint Surgical, one of its affiliates, or third parties who have licensed their Trademarks to Checkpoint Surgical 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 written permission from Checkpoint Surgical.
Submissions (Information To Checkpoint Surgical):
Checkpoint Surgical welcomes your comments and feedback regarding this web site. All information and materials, including comments, ideas, questions, designs, and the like, submitted to Checkpoint Surgical through this web site will be considered NON-CONFIDENTIAL and NON-PROPRIETARY. For this reason, we ask that you not send us any information or materials that you do not wish to assign to us, including any confidential information or any original creative materials such as product ideas, computer code, or original artwork.
By submitting information or materials to Checkpoint Surgical through this web site, you assign to Checkpoint Surgical, free of charge, all worldwide rights, title and interest in all copyrights and other intellectual property rights in the information or materials you submit. Checkpoint Surgical will be entitled to use any information or materials you submit through this web site for any purpose whatsoever, without restriction and without compensating you in any way.
Links to Other Web Sites:
This site may contain hyperlinks to web sites that are not operated by Checkpoint Surgical. These hyperlinks are provided for your reference and convenience only, and do not imply any endorsement of the material on these third-party web sites or any association with their operators. Checkpoint Surgical does not control these web sites and is not responsible for their content. These third-party web sites (and the web sites to which they link) may contain information about uses of products that have not been approved or cleared by the Food and Drug Administration. Checkpoint Surgical does not endorse any “off-label” uses. These third-party web sites (and the web sites to which they link) may contain information that is inaccurate, incomplete, or outdated. You access and use these web sites (and the web sites to which they link) solely at your own risk.
Not a Substitute for Medical Advice:
The information provided on this site is not intended nor recommended as a substitute for professional medical advice. Do not use the information on this site as a substitute for professional medical advice. Always seek the advice of your physician or other qualified health provider regarding any medical condition or treatment. Nothing contained on this site is intended to be for medical diagnosis or treatment. We do not offer personalized medical diagnosis or patient-specific treatment advice.
Website Privacy Policy:
Any personally identifiable information in electronic communications to this Internet site is governed by this site’s Privacy Policy.
DISCLAIMER OF WARRANTIES:
THIS WEB SITE IS PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT POSSIBLE PURSUANT TO APPLICABLE LAW, CHECKPOINT SURGICAL AND ITS AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, CHECKPOINT SURGICAL DOES NOT REPRESENT OR WARRANT THAT THIS WEB SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION OR THAT ITS OPERATION WILL BE UNINTERRUPTED OR ERROR FREE. CHECKPOINT SURGICAL DOES NOT REPRESENT OR WARRANT THAT THE CONTENT OF THIS SITE IS FREE OF VIRUSES, WORMS OR OTHER CODE THAT MAY MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES. USERS ARE RESPONSIBLE FOR PROTECTING THEMSELVES BY INSTALLING, UPDATING AND RUNNING ANTI-VIRUS PROGRAMS. INFORMATION PUBLISHED ON THIS WEB SITE MAY BE INCOMPLETE OR OUTDATED AND MAY CONTAIN INACCURACIES OR TYPOGRAPHICAL ERRORS. CHECKPOINT SURGICAL DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, VALIDITY, ACCURACY, CURRENCY OR RELIABILITY OF, OR THE RESULTS OF THE USE OF, OR OTHERWISE RESPECTING THIS WEB SITE OR ANY INFORMATION PUBLISHED ON THIS WEB SITE. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY:
YOUR USE OF THIS WEB SITE IS AT YOUR SOLE RISK. UNDER NO CIRCUMSTANCES, SHALL CHECKPOINT SURGICAL, ITS AFFILIATES OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS, BE LIABLE FOR ANY DIRECT OR INDIRECT LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THIS WEB SITE OR YOUR RELIANCE ON ANY INFORMATION PROVIDED ON THIS WEB SITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND WHATSOEVER, WHETHER DIRECT OR INDIRECT, GENERAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, LOSS OF DATA, REVENUE OR PROFITS. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER BASIS AND EVEN IF AN AUTHORIZED REPRESENTATIVE OF CHECKPOINT SURGICAL OR ITS AFFILIATES HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU.
Indemnification:
You agree to defend, indemnify and hold Checkpoint Surgical, Inc., harmless from any and all liabilities, costs, and expenses, including reasonable attorney fees, related to any violation by you of the terms and conditions of this Agreement.
Governing Law and Jurisdiction:
This web site is controlled and operated by Checkpoint Surgical from its offices within the United States. Any claim relating to, and the use of, this web site are governed by the laws of the State of Ohio, United States of America. By using this web site, you consent to personal jurisdiction in the federal and state courts of Ohio, for any action arising out of or relating to this web site or your use of this web site. The federal and state courts of Ohio, shall have exclusive jurisdiction over all such actions. If any part of this Agreement, its terms or conditions, is deemed to be unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.
Entire Agreement:
This Agreement constitutes the entire agreement between you and Checkpoint Surgical with respect to your access to and/or use of this web site.
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