Please read these terms and conditions carefully before using our Website.
Interpretation and Definitions
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
Definitions: For the purpose of these Terms and Conditions
- “Affiliate” means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
- “Company” (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Cirtec Medical Corp.
- “Device” means any device that can access the Website such as a computer, a cellphone or a digital tablet.
- “Feedback” means feedback, innovations or suggestions sent by You regarding the attributes, performance or features of our Website.
- “Products” refer to the products or items offered for sale on the Website.
- “Orders” mean a request by You to purchase Products from Us.
- “Terms and Conditions” (also referred as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Website.
- “Website” (also referred to as “Service”) refers to the main Cirtec website, accessible from https://cirtecmed.com/
- “You” means the individual accessing or using the Website, or the company, or other legal entity on behalf of which such individual is accessing or using the Website, as applicable.
Acknowledgement
These are the Terms and Conditions governing the use of this Website and the agreement that operates between You and the Company. Your access to and use of the Website is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Website. By accessing or using the Website, You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Website.
Your access to and use of the Website is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Website, and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using the Website.
Much of the information on this website relates to products and services offered by Cirtec. The materials on this website are for Your general educational information only.
Privacy and Security
Cirtec understands the importance of privacy to our customers and visitors to our Website, and we are committed to safeguarding Your privacy online. Our use of personally identifiable information is governed by our Privacy Policy.
You recognize and agree that when submitting Your personally identifiable information to Cirtec, while Cirtec has safeguards in place to prevent unauthorized access or interception, there is no absolute guarantee of security. In the unlikely event of an interception or unauthorized access despite our efforts, Cirtec shall not be responsible for such interceptions or unauthorized access, or any direct, indirect, special, incidental, or consequential damages (including lost profits) suffered by a customer or user, even if Cirtec has previously been advised of the possibility of such damages. Cirtec does not warrant, either expressly or impliedly, that the information provided by any customer shall be free from interception or unauthorized access.
Intellectual Property
The Website and its materials, original content, features, and functionality are and will remain the exclusive property of the Company and its licensors.
The Website and its contents are protected by copyright, trademark, and/or other laws of both the United States and foreign countries. You are only permitted to use Content as expressly authorized by Company, its Affiliates or its licensors, and nothing contained herein transfers any right, title, or interest in the Website or its contents to you. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company. You agree not to display or use the Cirtec logo, any of our Affiliate’s logos, or any trademark in any manner without our prior written permission.
You may email, download, or print copies of the materials on this website, but only for Your personal, noncommercial use, and only if the information is not modified in any way. When You email, download, or print a copy of the materials on this website, You must also include all copyright and other notices that are in the materials.
If you use the materials or trademarks on this website in a way that is not clearly allowed by these terms of use, You are violating Your agreement with us and may be violating copyright, trademark, and other laws. In that case, we automatically revoke Your permission to use this website. Title to the materials remains with us or with the authors of the materials contained on this website. All rights not expressly granted are reserved.
Links to this Website
You agree not to present the link to this website in such a way that it is associated with advertising or appears to be an endorsement of any organization, product, or service. You agree that the link will not appear on a website that a reasonable person may consider obscene, defamatory, harassing, grossly offensive, or malicious. Under no circumstances may You “frame“ this website or any of its content or copy portions of this website to a server.
Feedback
You assign all rights, title and interest in any Feedback You provide the Company. If for any reason such assignment is ineffective, You agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction.
Links to Other Websites
Our Website may contain links to third-party web sites or services that are not owned or controlled by the Company.
The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.
Limitation of Liability
Notwithstanding any damages that You might incur, the entire liability of Cirtec, any of its Affiliates, and any of its suppliers under any provision of these Terms and Your exclusive remedy for all of the foregoing shall be limited to 100 USD.
To the maximum extent permitted by applicable law, in no event shall the Company, its Affiliates, or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Website, third-party software and/or third-party hardware used with the Website, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.
"AS IS" and "AS AVAILABLE" Disclaimer
The Website is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Website, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Website will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free, or that any errors or defects can or will be corrected, that the Website, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components. Additionally, without limiting the foregoing, neither the Company, our Affiliates, nor any of the company's providers makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Website, or the information, content, and materials or products included thereon; or (ii) as to the accuracy, reliability, or currency of any information or content provided through the Website.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
This Website may contain forward-looking statements that reflect Cirtec’s current expectation regarding future events and business development. The forward-looking statements involve risks and uncertainties. Actual developments or results could differ materially from those projected and depend on a number of factors including, but not limited to, the success of current research programs, results of pending or future clinical trials, ongoing commercialization of its products, regulatory approvals of pharmaceuticals, validity and enforcement of its patents, the stability of its commercial relationships, and the general economic conditions. Cirtec intends to update this site on a regular basis but assumes no obligation to update any of the content.
Your Use of the Website
Except as expressly stated and agreed upon in advance by Cirtec, no confidential relationship shall be established in the event that any user of this Website should make any oral, written or electronic communication to Cirtec (such as feedback, questions, comments, suggestions, ideas, etc.). If Cirtec receives information pursuant to the use of this Website that contains personal identifying information (e.g., name, address, phone number), Cirtec shall obtain, use and maintain it in a manner consistent with our Privacy Policy. Otherwise, such communication and any information submitted therewith shall be considered non-confidential, and Cirtec shall be free to reproduce, publish or otherwise use such information for any purposes whatsoever including, without limitation, the research, development, manufacture, use or sale of products incorporating such information. The sender of any information to Cirtec is fully responsible for its content, including its truthfulness and accuracy and its non-infringement of any other person's proprietary or privacy rights.
Governing Law
The laws of the State of Minnesota, United States, excluding its conflicts of law rules, shall govern this Terms and Your use of the Website. Your use of the Website may also be subject to other local, state, national, or international laws. By using this website, You agree that the only proper jurisdiction and venue for any dispute with Cirtec, or in any way relating to Your use of this website, is in the state and federal courts located in Hennepin County, Minnesota, United States.
Disputes Resolution
If You have any concern or dispute about the Website, You agree to first try to resolve the dispute informally by contacting the Company.
For European Union (EU) Users
If You are a European Union consumer, You will benefit from any mandatory provisions of the law of the country in which You are resident in.
United States Legal Compliance
You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, and (ii) You are not listed on any United States government list of prohibited or restricted parties.
Miscellaneous
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Terms shall not effect a party's ability to exercise such right or require such performance at any time thereafter, nor shall the waiver of a breach constitute a waiver of any subsequent breach.
Your obligations under this section and the sections called “Feedback”, “"AS IS" and "AS AVAILABLE””, and “Limitation of liability“ will survive termination of these terms of use.
If You violate these terms of use or the privacy notice in a way that causes harm to others, You agree to hold Cirtec harmless against any liability for that harm.
Changes to These Terms and Conditions
We reserve the right, at our sole discretion, to modify or replace these Terms at any time.
By continuing to access or use Our Website after those revisions become effective, you agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the Website.
Contact Us
If You have any questions about these Terms and Conditions, You can contact us by sending us an email at info@cirtecmed.com.