Terms and Conditions
I. Terms & Conditions
(Effective January 15, 2014)
You should read the following Terms and Conditions before using any Secant Medical® website ("this website"). Your use of this website is governed by the following Terms & Conditions. If you do not agree with all these Terms and Conditions, please exit the website now. Secant Medical® may change the Terms and Conditions at any time without notice to you. Please review the Terms and Conditions each time you visit the website. By using this website you agree to comply with, and be bound by, these Terms and Conditions.
II. License Grant
Secant Medical® grants you a limited, nonexclusive, nontransferable license to access and use the website and its contents for informational and personal purposes. You are not permitted to use the website for any purposes or in any manner other then as intended. You agree to use the website and its contents only for proper, lawful purposes and not for any illegal, unethical, fraudulent, deceptive or other unauthorized purposes. You agree not to use any device, software, or routine to interfere with the proper working of the website. You agree not to attempt to collect information about others, including email or personal data.
III. Website Disclaimer
The information contained in this website ("Information") has been prepared for general information and it is not intended that the Information be relied on by recipients. Secant Medical® does not give any warranty as to the accuracy, reliability, or completeness of the Information and accepts no responsibility for updating or correcting any part of the Information. Secant Medical® and its directors, officers, employees and consultants do not accept any liability (whether arising in contract, or tort, or negligence or otherwise) for any error, omission or misrepresentation in relation to the Information or for any loss, damage, cost or expense (whether direct, indirect, consequential or otherwise) incurred by any person whatsoever arising out of or referable to the Information on this website or accessed through this website.
SECANT MEDICAL® MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THIS WEBSITE WILL BE UNINTERRUPTED, RELIABLE, SUITABLE, ERROR-FREE, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR OTHERWISE. YOU ARE RESPONSIBLE FOR TAKING ALL PRECAUTIONS NECESSARY TO ENSURE THAT ANY CONTENT YOU MAY OBTAIN FROM THIS WEBSITE IS FREE OF VIRUSES AND ANY OTHER POTENTIALLY DESTRUCTIVE COMPUTER CODE.
IV. Security & Information
While Secant Medical® strives to protect your information and to prevent unauthorized access to any Information on this website, no data transmission over the Internet can be guaranteed as totally secure. Secant Medical® cannot ensure the security of any information transmitted to or from the website or the security of Information contained on the website. Secant Medical® and its directors, officers, employees and consultants do not accept any liability for any loss, damage, cost or expense incurred by any person whatsoever arising out of or referable to any unauthorized access to any Information on this website or information transmitted to or from this website.
Secant Medical® is the sole owner of all information collected on this website. You acknowledge and consent that any Information provided to Secant Medical® in connection with the use of this website may be used by Secant Medical® for its own purposes, including but not limited to marketing purposes, planning, product development and research purposes. Secant Medical® may release this Information to third parties as reasonably required. This includes, but is not limited to, where Secant Medical® is required to release Information under any applicable law or in connection with Secant Medical’s own purposes.
Secant Medical® may use the information you provide to fulfill online requests and respond to customer service inquiries or in other ways as required by law. Requested information on voluntary forms is used to provide the services that you request, such as event registration, special events and promotions, appointment requests, and to provide feedback. Only authorized personnel have access to your information, including those who need the information provided to perform a specific task.
Secant Medical’s website may use “cookies” to determine the number of times a page on the website has been accessed. Cookies are small computer files that a website can transfer to your computer. Examples of information may collect include how often someone visits the website and their activities while on the website. Secant Medical® uses this information in the aggregate to understand how website visitors as a group use different resources. These reports do not contain any personally identifiable information. Most Internet browsers automatically accept cookies, but you can set your browser to refuse them or to alert you when they are being sent.
Secant Medical® occasionally will engage reputable third-party vendors to help manage the website, provide content and information and enable Secant Medical® to interact better with website visitors.
VI. Copyright and trademarks
Copyright in all information and other materials on this website (including information and its arrangement) is owned by Secant Medical®. All rights are reserved. Except as permitted under applicable laws, no part of this website may be reproduced, adapted, distributed, displayed, transmitted or otherwise exploited for any commercial purpose without the express written consent of Secant Medical®. In particular you may not use a part of this website on any other website, or link any other website to this website, without the express written consent of Secant Medical®. Nothing contained on this website should be construed as granting any license or right of use of any trademark displayed on the website without the express written consent of Secant Medical®.
VII. Your Feedback, Comments and Ideas.
While Secant Medical® is pleased to receive feedback, comments and ideas from visitors to this website, Secant Medical® hereby informs you that any information that you submit through this website will be considered non-personal, non-confidential and non-proprietary. If you transmit any ideas, information, concepts, know-how or techniques or materials to Secant Medical® through this website, you hereby grant Secant Medical® an unrestricted, royalty-free, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute them in any medium, and agree that Secant Medical® is free to use them for any purpose. You agree that Secant Medical® shall not be under any obligation whatsoever to return any unsolicited submissions from you. You agree that Secant Medical® shall be entitled to the unrestricted use of the unsolicited submissions for any purpose whatsoever, commercial or otherwise, without compensation to you or any other provider of the unsolicited submissions.
VIII. Third Party Links
This website contains links to other websites. Secant Medical® does not accept any liability for the availability of, or any content or material contained in or obtained through such websites or for the privacy practices of such websites. When you link to another website, you are subject to the terms and conditions of that website.
IX. Limitation of Liability
THE WEBSITE IS PROVIDED "AS IS" AND SECANT MEDICAL® MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND NON-INTERFERENCE. UNDER NO CIRCUMSTANCES SHALL SECANT MEDICAL® BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF DATA OR LOST PROFITS, OR ANY CLAIM MADE BY A THIRD PARTY OR MADE BY YOU FOR A THIRD PARTY, ARISING OUT OF YOUR USE OR INABILITY TO USE THE WEBSITE OR THE CONTENT CONTAINED THEREIN, EVEN IF SECANT MEDICAL® KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF ANY SUCH DAMAGES. THIS LIMITATION OF LIABILITY APPLIES WHETHER DAMAGES ARE SOUGHT AS A TORT CLAIM (INCLUDING NEGLIGENCE AND STRICT PRODUCT LIABILITY), A CONTRACT CLAIM, OR ANY OTHER CLAIM AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SOME STATES OR COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH STATES OR COUNTRIES, SOME EXCLUSIONS OR LIMITATIONS CONTAINED HEREIN MAY NOT APPLY TO YOU.
Secant Medical® reserves the right to seek all remedies available at law and in equity for violations of these Terms and Conditions, including but not limited to the right to block access from a particular internet address to the website and its features.
Secant Medical’s failure to exercise or enforce any right or provisions of these Terms and Conditions shall not constitute a waiver of such right or provisions.
If any provision of these Terms and Conditions 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 these Terms and Conditions, which shall remain in full force and effect. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition. The provisions of these Terms and Conditions shall be binding on and inure to the benefit of both your successors and assignees and Secant Medical’s successors and assignees.
If you violate these Terms and Conditions in a way that causes harm to others, you agree to hold Secant Medical® harmless against any liability for that harm.
By using this website, you agree that the only proper jurisdiction and venue for any dispute with Secant Medical®, or in any way relating to your use of this website, is in the state and federal courts in the State of Minnesota, U.S.A. You further agree and consent to the exercise of personal jurisdiction in these courts in connection with any dispute involving Secant Medical® or its affiliates, employees, officers, directors, agents or suppliers.
These Terms and Conditions are governed by the internal substantive laws of the State of Minnesota, without respect to its conflict of laws principles, and the federal laws of the United States.
These Terms and Conditions constitute the entire agreement between you and Secant Medical® related to your use of the website and its content.