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Terms of Use

Last Updated

July 12, 2019.

Acceptance of Terms

The following terms and conditions govern all use of the website conformalmedical.com (the Site), all of the materials, documents, text, images, graphics, animation, videos, software and other information and content included in or available at the Site (Content) and the services available at the Site (taken together with the Site and the Content, the Service). The Service is owned and operated by Conformal Medical, Inc. (Conformal Medical). The Service is offered subject to acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies and procedures that may be published from time to time on this Site by Conformal Medical (collectively, the Terms of Use).

IF YOU DO NOT AGREE TO ALL OF THESE TERMS OF USE, THEN DO NOT ACCESS OR USE THE SERVICE. BY VIEWING OR USING ALL OR ANY PART OF THE SERVICE, DOWNLOADING ANY CONTENT OR BY REGISTERING TO RECEIVE INFORMATION FROM US, YOU AGREE TO BE BOUND BY ALL OF THESE TERMS OF USE.

DISCLAIMER

The Content appearing on the Site is presented exclusively for informational purposes. You understand and agree that Conformal Medical does not use this Site to provide medical advice, financial advice, or legal advice. You will not rely on any statements made on this Site as though it were professional advice. The Site may provide selected information concerning diseases and their treatment. Such information is not intended or provided as medical advice. Such information is not a substitute for the advice of a trained health care professional. If you have or suspect having any health problems or conditions, you should consult your general practitioner or other qualified health provider.

Changes

Conformal Medical reserves the right, at its sole discretion, to modify or replace any of these Terms of Use at any time. Upon any change in these Terms of Use, we will post the amended terms on the Site and/or provide notice in another manner. It is your responsibility to check the Terms of Use periodically for changes. Your continued use of the Service following the posting of any changes to the Terms of Use constitutes acceptance of those changes.

Information and Subscriptions

 At your election, you may request additional information about Conformal Medical or subscribe to various information services concerning Conformal Medical’s products, services and business. When you do so, the registration process may require you to provide certain information such as your name, company name, address, telephone number, email address and certain additional information about your preferences, such as, for example, your preferred contact method and product markets of interest to you. Conformal Medical may terminate your access to all or any part of the information services concerning Conformal Medical at any time, with or without cause, with or without notice, effective immediately.


Privacy

Our current Privacy Policy is available at Privacy Policy, which is hereby incorporated by this reference. Your acceptance of these Terms of Use constitutes your acceptance and agreement to be bound by the Privacy Policy.

Rules and Conduct

The Service is provided for your personal and informational use only. As a condition of use, you promise not to use the Service for any purpose that is unlawful or prohibited by these Terms of Use, or any other purpose not reasonably intended by Conformal Medical. You agree to abide by all applicable local, state, national and international laws and regulations; and you agree not to provide Conformal Medical with any confidential or proprietary information that you desire or are required to keep secret. You, not Conformal Medical, remain solely responsible for all Content that you upload, email, transmit, or otherwise disseminate using, or in connection with the Service. You understand and agree that we shall have the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms of Use, and we may immediately terminate your access to the Service if you are found to be in violation of any such restriction.

Conformal Medical has no obligation to monitor the Service or any use thereof. However, Conformal Medical reserves the right at all times and without notice to monitor, review, retain or disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental (including law enforcement) request.

Use of Site Information

The Site may contain forward-looking statements and information relating to Conformal Medical that are based on our beliefs as well as assumptions made and information currently available. The words “anticipate,” “believe,” “estimate,” “expect,” “intend,” “will,” and similar expressions, as they relate to Conformal Medical, are intended to identify forward-looking statements. Actual results could differ materially from any projections in such forward-looking statements. Conformal Medical does not intend to update these forward-looking statements.

Third Party Sites

The Service may permit you to link to other websites on the Internet, and other websites may contain links to the Site. These other websites are not under Conformal Medical’s control, and you acknowledge that Conformal Medical is not responsible for the accuracy, legality, appropriateness or any other aspect of the content or function of such websites. The inclusion of any such link does not imply endorsement by Conformal Medical or any association with its operators

Proprietary Rights

You agree that the Site, Content and all other aspects of the Service are protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. Except as expressly authorized by Conformal Medical in writing, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from the Service. However, you may print or download one copy of the Content for your personal or internal business purposes; provided, that you retain all copyright and other proprietary notices contained therein.

No Warranties

THE SITE, CONTENT AND OTHER ASPECTS OF THE SERVICE ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. CONFORMAL MEDICAL, AND ITS AFFILIATES, LICENSORS, SUPPLIERS AND CUSTOMERS DO NOT WARRANT THAT: (A) THE SERVICE WILL BE TIMELY, ACCURATE, COMPLETE, RELIABLE OR CORRECT; (B) THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (C) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (D) THE SERVICE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (E) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICE IS SOLELY AT YOUR OWN RISK.

Limitation of Liability

IN NO EVENT SHALL CONFORMAL MEDICAL (OR ITS AFFILIATES, LICENSORS, SUPPLIERS OR CUSTOMERS) BE LIABLE CONCERNING THE SUBJECT MATTER OF THESE TERMS OF USE, REGARDLESS OF THE FORM OF ANY CLAIM OR ACTION (WHETHER IN CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE), FOR ANY (A) MATTER BEYOND ITS REASONABLE CONTROL, (B) LOSS OR INACCURACY OF DATA, LOSS OR INTERRUPTION OF USE, OR COST OF PROCURING SUBSTITUTE TECHNOLOGY, GOODS OR SERVICES, OR (C) DIRECT OR INDIRECT, PUNITIVE, INCIDENTAL, RELIANCE, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSS OF BUSINESS, REVENUES, PROFITS OR GOODWILL, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS ARE INDEPENDENT FROM ALL OTHER PROVISIONS OF THESE TERMS OF USE AND SHALL APPLY NOTWITHSTANDING THE FAILURE OF ANY REMEDY PROVIDED HEREIN.

Indemnification

You agree to defend, indemnify and hold harmless Conformal Medical, its affiliates, licensors, suppliers and customers, and their officers, directors, employees and representatives, from all liabilities, claims, and expenses, including attorneys’ fees, that arise from your use or misuse of the Service. Conformal Medical reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with Conformal Medical in asserting any available defenses.

Dispute Resolution

A printed version of the Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms of Use (including the Privacy Policy) to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You and Conformal Medical agree that any claim or cause of action arising out of or related to the Service must be commenced within 1 year after the claim or cause of action arose. Otherwise, such claim or cause of action is permanently barred.

The Terms of Use shall be governed by and construed in accordance with the laws of the State of New Hampshire, USA, excluding its conflicts of law rules. In the event of any conflict between US and foreign laws, regulations and rules, US laws, regulations and rules shall govern.

Except that either party may seek an injunction or other equitable relief from any court of competent jurisdiction, all disputes between the parties arising out of or in relation to or in connection with the Terms of Use shall be settled by binding arbitration in accordance with the JAMS streamlined arbitration rules and procedures then in force, by one neutral arbitrator appointed in accordance with the rules. The arbitration shall take place in Nashua, NH, USA. The proceedings shall be in English, all evidence shall be in English (or translated into English) and the governing law shall be as set forth herein. The arbitrator’s decision shall be in writing and shall comply with all terms and conditions in the applicable version of the Terms of Use. The decision and award rendered shall be final and binding on both parties. The parties acknowledge and agree that the Terms of Use and any award rendered pursuant hereto shall be governed by the UN Convention on the Recognition and Enforcement of Foreign Arbitral Awards. Judgment on the award may be entered in any court of competent jurisdiction.

ANY ARBITRATION UNDER THESE TERMS OF USE WILL TAKE PLACE ONLY ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED. YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THESE TERMS OF USE, YOU AND CONFORMAL MEDICAL ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY AND TO PARTICIPATE IN A CLASS ACTION.

Use of the Service is not authorized in any jurisdiction that does not give effect to all provisions of the Terms of Use, including without limitation, this section.

International Use

Conformal Medical makes no representation that the Service is appropriate or available for use in locations outside the United States, and accessing the Service is prohibited from territories where doing so would be illegal. If you access the Service from other locations, you do so at your own initiative and are responsible for compliance with local laws. If you have reason to believe that accessing the Service is prohibited in your territory, please do not use the Service.

Miscellaneous

If any provision of the Terms of Use is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms of Use will otherwise remain in full force and effect and enforceable. Conformal Medical may assign, transfer or delegate any of its rights and obligations hereunder without consent. All waivers and modifications must be in a writing signed by Conformal Medical, except as otherwise provided herein. No agency, partnership, joint venture, or employment relationship is created as a result of these Terms of Use, and neither party has any authority of any kind to bind the other in any respect. All notices under these Terms of Use will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service.

Copyright and Trademark Notices

Unless otherwise indicated, these Terms of Use and all Content provided by Conformal Medical are copyright © 2018-2019 Conformal Medical, Inc. All rights reserved. Conformal Medical and the Conformal Medical logos are marks of Conformal Medical, Inc. The names of companies and products mentioned at the Site may be the trademarks of their respective owners.

Contact

If you have any questions regarding our Terms of Use or your dealings at this Site, please contact:

Conformal Medical, Inc.
Attn:   Terms of Use
15 Trafalgar Square
Nashua, NH 03063

Email: info@conformalmedical.com