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This page states the Terms and Conditions under which you may use this
Web Site. Please read this page carefully. If you do not accept the
Terms and Conditions stated here, do not use the Web Site. The
Clinical Device Discussion Forum ("Company") may revise these Terms
and Conditions at any time by updating this posting. You should visit
this page periodically to review the Terms and Conditions, because
they are binding on you.
Section 1. Use of Material.
The Company authorizes you to view and download a single copy of the
material on this Web site ("Web Site") solely for your personal,
noncommercial use. Special rules may apply to the use of certain
software and other items provided on the Web Site. Any such special
rules are listed as "Legal Notices" on this Web Site and are
incorporated into this Agreement by reference.
The contents of this Web Site, such as text, graphics, images and
other material ("Material"), are protected by copyright under both
United States and foreign laws. Unauthorized use of the Material may
violate copyright, trademark, and other laws. You must retain all
copyright and other proprietary notices contained in the original
Material on any copy you make of the Material. You may not sell or
modify the Material or reproduce, display, publicly perform,
distribute, or otherwise use the Material in any way for any public or
commercial purpose. The use of the Material on any other Web site or
in a networked computer environment for any purpose is prohibited.
If you violate any of these Terms, your permission to use the Material
automatically terminates and you must immediately destroy any copies
you have made of the Material.
Section 2. Company's Liability.
The Material may contain inaccuracies or typographical errors. Company
makes no representations about the accuracy, reliability,
completeness, or timeliness of the Material or about the results to be
obtained from using the Web Site and the Material. The use the Web
Site and the Material is at your own risk. Changes are periodically
made to the Web Site and may be made at any time.
COMPANY DOES NOT WARRANT THAT THE WEB SITE WILL OPERATE ERROR-FREE OR
THAT THIS WEB SITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES AND
OTHER HARMFUL GOODS. IF YOUR USE OF THE WEB SITE OR THE MATERIAL
RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA,
COMPANY IS NOT RESPONSIBLE FOR THOSE COSTS.
THE WEB SITE AND MATERIAL ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY
WARRANTIES OF ANY KIND. THE COMPANY AND ITS SUPPLIERS, TO THE FULLEST
EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, INCLUDING THE
WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES RIGHTS,
AND THE WARRANTY OF FITNESS FOR PARTICULAR PURPOSE. COMPANY AND ITS
SUPPLIERS MAKE NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY,
COMPLETENESS, OR TIMELINESS OF THE MATERIAL, SERVICES, SOFTWARE TEXT,
GRAPHICS, AND LINKS.
Section 3. Disclaimer of Consequential Damages.
IN NO EVENT SHALL COMPANY, ITS SUPPLIERS, OR ANY THIRD PARTIES
MENTIONED AT THIS SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER
(INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES,
LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS
INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE WEB SITE
AND THE MATERIAL, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY
OTHER LEGAL THEORY, AND WHETHER OR NOT COMPANY IS ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.
Section 4. User Submissions.
Generally, any communication which you post to the Web Site is
considered to be non-confidential. If particular Web pages permit the
submission of communications which will be treated by Company as
confidential, that fact will be stated in "Legal Notices" on those
pages. By posting communications to the Web Site, you automatically
grant Company a royalty-free, perpetual, irrevocable nonexclusive
license to use, reproduce, modify, publish, edit, translate,
distribute, perform, and display the communication alone or as part of
other works in any form, media, or technology whether now known or
hereafter developed, and to sublicense such rights through multiple
tiers of sublicensees.
As a User, you are responsible for your own communications and are
responsible for the consequences of their posting. You must not do the
following things: Post material that is copyrighted, unless you are
the copyright owner or have the permission of the copyright owner to
post it; post material that reveals trade secrets, unless you own them
or have the permission of the owner; post material that infringes on
any other intellectual property rights of others or on the privacy or
publicity rights of others; post material that is obscene, defamatory,
threatening, harassing, abusive, hateful, or embarrassing to another
User or any other person or entity; post a sexually-explicit image;
post advertisements or solicitations of business; post chain letters
or pyramid schemes; or impersonate another person.
The Company does not represent or guarantee the truthfulness,
accuracy, or reliability of any of communications posted by other
Users or endorse any opinions expressed by Users. You acknowledge that
any reliance on material posted by other Users will be at your own
risk.
Company does not screen communications in advance and is not
responsible for screening or monitoring material posted by Users. If
notified by a User of communications which allegedly do not conform to
this Agreement, Company may investigate the allegation and determine
in good faith and its sole discretion whether to remove or request the
removal of the communication. Company has no liability or
responsibility to Users for performance or nonperformance of such
activities. Company reserves the right to expel Users and prevent
their further access to the Web Site for violating this Agreement or
the law and the right to remove communications which are abusive,
illegal, or disruptive.
Section 5. Links to Other Sites.
The Web Site contains links to third party Web sites. These links are
provided solely as a convenience to you and not as an endorsement by
Company of the contents on such third-party Web sites. Company is not
responsible for the content of linked third-party sites and does not
make any representations regarding the content or accuracy of
materials on such third party Web sites. If you decide to access
linked third-party Web sites, you do so at your own risk.
Section 6. Software Licenses.
All software that is made available for downloading from the Web Site
("Software") is protected by copyright and may be protected by other
rights. The use of such software is governed by the terms of the
software license agreement or designated "Legal Notice" accompanying
such software ("License Agreement"). The downloading and use of such
software is conditioned on your agreement to be bound by the terms of
the License Agreement.
Section 7. Limitation of Liability.
Unless otherwise expressly provided in a Software License or Legal
Notice, the aggregate liability for Company to you for all claims
arising from the use of the Materials (including Software) is limited
to $100.
Section 8. Indemnity.
You agree to defend, indemnify, and hold harmless the Company, its
officers, directors, employees and agents, from and against any
claims, actions or demands, including without limitation reasonable
legal and accounting fees, alleging or resulting from your use of the
Material (including Software) or your breach of the terms of this
Agreement. The Company shall provide notice to you promptly of any
such claim, suit, or proceeding and shall assist you, at your expense,
in defending any such claim, suit or proceeding.
Section 9. Export Control.
The United States controls the export of products and information. You
agree to comply with such restrictions and not to export or re-export
the Materials (including Software) to countries or persons prohibited
under the export control laws. By downloading the Materials (including
Software), you are agreeing that you are not in a country where such
export is prohibited or are a person or entity to which such export is
prohibited. You are responsible for compliance with the laws of your
local jurisdiction regarding the import, export, or re-export of the
Product.
Section 10. User Information.
The Company may use the information it obtains relating to you,
including your IP address, name, mailing address, email address and
use of the Web Site, for its internal business and marketing purposes
and may disclose the information to third parties for such purposes.
Section 11. General.
This Web Site is based in Chicago, Illinois, USA. The Company makes no
claims the Materials are appropriate or may be downloaded outside of
the United States. Access to the Materials (including Software) may
not be legal by certain persons or in certain countries. If you access
the Web Site from outside of the United States, you do so at your own
risk and are responsible for compliance with the laws of your
jurisdiction. This Agreement is governed by the internal substantive
laws of the State of Illinois, without respect to its conflict of laws
principles. If any provision of this Agreement 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
this Agreement, which shall remain in full force and effect. No waiver
of any term of this Agreement shall be deemed a further or continuing
waiver of such term or any other term. Except as expressly provided in
a particular "Legal Notice" or Software License or material on
particular Web pages, this Agreement constitutes the entire Agreement
between you and the Company with respect to the use of Web Site. Any
changes to this Agreement must be made in writing, signed by an
authorized representative of the Company.
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