Terms Of Use
(DISCLAIMER: These materials have been prepared by PRS Medical Technologies, Inc. (“PRS Medical”) for informational purposes only. PRS Medical's Terms of Use contains information regarding use of this site, and our privacy and other policies. Any information you may submit in your use of this site is subject to these terms and conditions. Material contained on this website is provided for informational purposes only.)
PLEASE READ THESE TERMS OF USE CAREFULLY. The PRS Medical web site may be used only for information purposes and, in certain circumstances, to place secured orders according to the applicable PRS Medical Terms of Sale. By using a PRS Medical web site or uploading materials to a PRS Medical web site, you agree to abide by the terms and conditions of use set forth in the Terms of Use and PRS Medical’s Privacy Statement (“Privacy Statement”). If you do not agree to abide by the Terms of Use and the Privacy Statement, do not use a PRS Medical web site in any manner.
By accessing a PRS Medical web site, you agree to the following terms and conditions. If you do not agree to the following terms and conditions, you are not allowed to use any PRS Medical web sites. The Terms of Use and Privacy Statement apply to all PRS Medical web sites. PRS Medical may amend the Terms of Use at any time. By using a PRS Medical web site, you represent and warranty that you accept the Terms of Use.
The Terms of Use apply to your access to and use of any PRS Medical web site and do not alter the terms or conditions of any other agreement you may have with PRS Medical or its parents, subsidiaries or affiliates regarding topics other than the use of any PRS Medical web site.
Please read our Privacy Statement to understand the privacy rules about your use of PRS Medical web sites. Except as written in any other user agreements, disclaimers, policies, terms of use, statements, or other notices on a PRS Medical web site, the Terms of Use and our Privacy Statement are complete agreements between you and PRS Medical with respect to your use of PRS Medical web sites. You may be subject to additional terms and conditions that may apply when you access services or materials on certain PRS Medical web sites or by following links that take you away from a PRS Medical web site.
The information in PRS Medical web sites (i) are for general guidance on matters of interest only and shall not be assimilated to or substituted for legal or medical advice and (ii) do not constitute an offer of or solicitation for the purchase of products or services.
Although accessible by others, the product information on a public PRS Medical web site is intended for use by residents of the United States only unless otherwise designated. A reference to a PRS Medical product or service on a PRS Medical web site does not imply that such product or service is or will be available in your State, region, or country where it may be subject to different regulations and conditions of use. Such reference does not imply any intention on our part to sell this product or service in your State, region, or country and you should always rely on product information especially created for your locale. PRS Medical’s web site contains information about products and services that may be available under different trademarks in different States, regions, or countries and may be approved or cleared by a regulatory body for sale or use with different indications and restrictions.
PRS Medical’s web sites may contain from time to time information related to various health, medical and fitness conditions and their treatments. Such information is not meant to be a substitute for the advice provided by a physician or other medical professional. You should not use the information contained herein for diagnosing a health or fitness problem or disease. You should always consult a medical professional to determine what courses of treatment, if any, may be appropriate for you.
Copyrights and Trademarks. The contents of PRS Medical’s web sites are protected by copyright and trademark laws. Any rights not expressly granted herein are reserved. Reproduction, transfer, distribution or storage of part or all of the contents in any form without PRS Medical ‘s prior written consent is prohibited except in accordance with the following terms. PRS Medical consents to you browsing our web sites on your computer and printing or downloading content only for your personal use for non-commercial purposes provided that such uses are not damaging or derogatory to PRS Medical; but no modification or further reproduction of the content is permitted. The content may otherwise not be copied or used in any way without PRS Medical’s prior written consent.
Products and company names mentioned in PRS Medical’s web sites may be trademarks or trade names of their respective owners. Your access to PRS Medical’s web sites should not be construed as granting, explicitly or implicitly, any license or right to use any marks appearing on PRS Medical’s web sites without the prior written consent of an authorized PRS Medical representative or the third-party owner thereof, except to identify the products or services of the company.
If you believe that your intellectual property has been improperly used on a PRS Medical web site please contact PRS Medical at the address provided below.
User Representations. In using any PRS Medical web site, you agree not to (a) disrupt or interfere with the security of, or otherwise abuse, the PRS Medical web site, or any services, system resources, accounts, servers or networks connected to or accessible through the PRS Medical web site or affiliated or linked web sites; (b) disrupt or interfere with any other user's enjoyment of the PRS Medical web site or affiliated or linked web sites; (c) upload, post, or otherwise transmit through or on any PRS Medical web site any viruses or other harmful or destructive files; (d) use or attempt to use another's account, service or system without authorization from PRS Medical, or create or use a false identity on a PRS Medical web site; (e) transmit through or on a PRS Medical web site spam, chain letters, junk mail or any other type of unsolicited mass email to people or entities who have not agreed to be part of such mailings; (f) attempt to obtain unauthorized access to the PRS Medical web site or portions of the PRS Medical web site which are restricted from general access; and, (g) use a PRS Medical web site to seek, provide or obtain specific medical advice, medical opinion or diagnosis as applied to a patient’s particular condition or situation.
In addition, you agree that you are solely responsible for actions and communications undertaken or transmitted on or through the PRS Medical web site, and that you will comply with all applicable local, state, national and international laws and regulations that relate to your use of or activities on a PRS Medical web site.
Web Site Updates. While all content available through a PRS Medical web site are believed to be accurate, you should independently evaluate the accuracy of the information and the usefulness for your particular needs of any content, product or service available through any PRS Medical web site. Specifications for products and services are subject to change without notice and PRS Medical reserves the right to make changes without notice to processing, materials or configuration. PRS Medical does not guarantee that products or services that are listed online will be available at the time of your order.
PRS Medical may terminate, change, suspend or discontinue any aspect of a PRS Medical web site, including the availability of any features, at any time. PRS Medical may remove, modify or otherwise change any content, including that of third-parties, on or from a PRS Medical web site. PRS Medical may impose limits on certain features and services or restrict your access to parts or all of a PRS Medical web site without notice or liability. PRS Medical may terminate the authorization and rights provided herein and your use of any PRS Medical web site at any time in its sole discretion and upon such termination, you shall immediately destroy all materials that you have downloaded from any PRS Medical web site.
Links to Other Web sites. For your easy accessibility, PRS Medical may include links to web sites on the internet that are owned or operated by third-parties to which this Terms of Use does not apply. PRS Medical is not responsible for the content of such other web sites. PRS Medical does not assume any responsibility for material created or published by such third-party web sites. In addition, a summary and/or link to a non-PRS Medical web site does not imply that PRS Medical endorses the web site or the products or services, or warrants the accuracy of any content referenced in such third-party web site. PRS Medical shall not be liable for any damages or injury arising from users' access to or inability to access such web sites.
Links to a PRS Medical Web Site. All links to a PRS Medical web site must be approved in writing by PRS Medical, except that PRS Medical consents to links in which: (a) the link is a text-only link containing only the title of the home page of PRS Medical’s web site, (b) the link "points" only to the home page of PRS Medical’s web site and not to deeper pages, (c) the link, when activated by a user, displays this home page of PRS Medical’s web site in full-screen and not within a "frame" on the linked web site, and (d) the appearance, position, and other aspects of the link do not (i) create the false appearance that an entity or its activities or products are associated with or sponsored by PRS Medical or its affiliates, or (ii) damage or dilute the goodwill associated with the name and trademarks of PRS Medical or its affiliates. In any event, PRS Medical reserves the right to withdraw this consent to link without notice, at any time, for any reason, and you further undertake to delete any link for which PRS Medical’s consent has been withdrawn.
Your Content and Ideas. By submitting material to the PRS website, for example, by e-mail or via the internet, you agree that: (a) the material will not contain any item that is unlawful or otherwise unfit for publication; (b) you will use reasonable efforts to scan and remove any viruses or other contaminating or destructive features before submitting any material; (c) you own the material or have the unlimited right to provide it to us and PRS Medical may publish the material free of charge and/or incorporate it or any concepts described in it in our products without accountability or liability; (d) you agree not to take action against us in relation to material that you submit and you agree to indemnify us if any third-party takes action against us in relation to the material you submit; (e) does not violate the terms of this Terms of Use, PRS Medical’s Privacy Statement, or any other registered user agreement (if applicable); and (f) and that you shall be responsible for the content and information contained therein, including all required consents, its truthfulness and accuracy.
PRS Medical does not and cannot review the content posted by users on our web site and is not responsible for such content. PRS Medical may at any time at its discretion remove any content posted by users.
Securities Disclaimer. PRS Medical’s web sites may contain "forward-looking statements" as defined in the Private Securities Litigation Reform Act of 1995. These statements, at the time they are made, are based on then-current expectations of future events. PRS Medical assumes no obligation to update any forward-looking statements as a result of new information or future events or developments.
Any personally identifiable information transmitted to a PRS Medical web site is governed by PRS Medical’s Privacy Statement, which is incorporated by reference as if fully set forth in these Terms of Use. PRS Medical shall be free to use or copy all other information in any such communications, including any ideas, inventions, concepts, techniques or know-how disclosed therein, for any purposes. Such purposes may include disclosure to third-parties and/or developing, manufacturing and/or marketing goods or services.
Warranty. The use of any PRS Medical web site and the content therein is permitted for private use. The content in every PRS Medical web site is provided as a convenience to you. PRS Medical will use reasonable efforts to include up-to-date and accurate information in its web site but makes no representations, warranties or assurances as to the accuracy or completeness of the information contained on any PRS Medical web site.
To the fullest extent permissible pursuant to applicable law, PRS Medical and its affiliates disclaim all warranties of any kind, express or implied, including without limitation any warranty of merchantability, fitness for a particular purpose or non-infringement. Any use of a PRS Medical web site, including all content or data distributed by, downloaded or accessed from or through a PRS Medical web site is at the user’s sole risk. You understand and agree that you will be solely responsible for any damage to your business, your computer system or loss of data that results from the download of such content or data.
PRS Medical does not make any warranty that its web sites or its content will meet your requirements, or that a PRS Medical web site or its content will be uninterrupted, timely, secure, or error free or that defects, if any, will be corrected. PRS Medical does not make any warranty as to the results that may be obtained from use of a PRS Medical web site or its content or as to the accuracy, completeness or reliability of any information obtained through use of any PRS Medical web site.
PRS Medical assumes no responsibility for any damages suffered by a user, including, but not limited to, loss of data from delays, nondeliveries of content or email, errors, system down time, misdeliveries of content or email, network or system outages, file corruption, or service interruptions caused by the negligence of PRS Medical, its affiliates, its licensors, or a user's own errors and/or omissions.
Except as otherwise provided under applicable laws and regulations regarding the security of personal data, PRS Medical disclaims any warranty or representation that confidentiality of information transmitted through a PRS Medical web site will be maintained.
No advice or information, whether oral or written, obtained by you from PRS Medical or third-parties through any PRS Medical web site shall create any warranty.
Limitation of Liability. TO THE EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, SHALL PRS MEDICAL OR ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM OR IN CONNECTION WITH THE USE OF OR THE INABILITY TO USE A PRS MEDICAL WEB SITE OR ANY CONTENT CONTAINED ON A PRS MEDICAL WEB SITE, OR, EXCEPT AS OTHERWISE PROVIDED UNDER APPLICABLE LAWS AND REGULATIONS REGARDING THE SECURITY OF PERSONAL DATA, RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR OTHER INFORMATION THAT IS SENT OR RECEIVED OR NOT SENT OR NOT RECEIVED, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES. THE PARTIES ACKNOWLEDGE THAT THIS IS A REASONABLE ALLOCATION OF RISK, EVEN IF PRS MEDICAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIABILITY OF PRS MEDICAL SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
Applicable Law. These Terms of Use shall be governed by the laws of the State of Michigan and claims shall be determined in the state and federal courts of the State of California, U.S.A. Should any provision in these Terms of Use be found invalid or unenforceable for any reason, then that provision shall be deemed severable from, and shall not affect the validity or enforceability of, the remaining provisions.
Contact PRS Medical. If you have any questions about these Terms of Use, please write to:
PRS Medical Corporation
39420 Liberty St., Suite 145
Fremont, CA 94538
U.S.A.
If the Terms of Use change, the revised Terms of Use will be posted on all PRS Medical web sites. Please check back periodically, and especially before you provide any personally identifiable information. This Terms of Use was last updated on November 17, 2013.
