INTELLECTUAL PROPERTY AND USE OF CONTENT
Limited, Non-Exclusive, Non-Transferable, Revocable License: Applied Medical grants
you the right to display and, subject to any expressly stated restrictions or limitations
relating to specific material as may be posted on Applied Medical's Web site
or otherwise known to you, download portions of the material from the various locations
on this Web site solely for your personal, non-commercial use. This limited license
granted to you is non-exclusive and non-transferable. You agree that this Legal
Notice (and this limited license) may be updated or changed from time to time for
any reason, and you agree to be bound by any such revisions.
Copyrights: This Web site and all of the content included thereon, including but
not limited to any information, data, text, graphics, logos, button icons, images,
pictures, audio clips, and software (the "Content"), is the property of
Applied Medical, our strategic partners or suppliers, or content providers and is
protected by United States copyright laws. The content of www.appliedmedical.com
is a collective work protected by United States copyright laws. Except
as granted in the limited license above, any other use of this Content, including
modification, transmission, presentation, distribution, or republication, is prohibited
without the prior written consent of Applied Medical.
Trademarks: All trademarks, trade names, brand names, and service marks of Applied
Medical, whether registered or unregistered, are the property of Applied Medical
and are protected by United States trademark laws. Except as granted in the limited
license above, any use of these assets is prohibited without the prior, written
consent of Applied Medical. All other trademarks, product names, and company names
or logos cited herein are the property of their respective owners. Applied Medical
trademarks can be found on the Trademarks
page of this website.
Patents: All patents issued to and patent applications filed by Applied Medical
are the property of Applied Medical and are protected by United States and foreign
patent laws. Any use of these patented or patentable assets is prohibited without
the prior written consent of Applied Medical.
Injunctive Relief: You agree that in the event of a breach of this Section 1, Applied
Medical shall not have an adequate remedy at law, including monetary damages, and
that Applied Medical shall consequently be entitled to seek a temporary restraining
order, injunction, or other form of equitable relief against the continuance of
such breach, in addition to any and all remedies to which Applied Medical shall
Termination of License: If you violate any of the terms of this Legal Notice, your
permission to use the Content of this Web site automatically will terminate, and
you immediately must destroy any copies you have made of any portion of the Content.
In addition, the limited license granted herein by Applied Medical may be terminated
at any time and for any reason or for no reason, without cause or notice. Applied
Medical reserves the right to revoke the limited license if you fail to comply with
appropriate quality control measures, which Applied Medical may promulgate and communicate
to you from time to time.
ALL SERVICES, INFORMATION, PRODUCTS, AND MATERIALS OBTAINED THROUGH WWW.APPLIEDMEDICAL.COM,
INCLUDING ALL TEXT, FILES, GRAPHICS, LINKS, AND "COOKIES," ARE PROVIDED
ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE DISCLAIM ALL WARRANTIES
AND CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED
TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE,
AND NON-INFRINGEMENT, WITH REGARD TO THE PRODUCTS, SERVICES, AND INFORMATION CONTAINED
ON OR MADE AVAILABLE THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO, THE AVAILABILITY
OF THE PRODUCTS OR SERVICES.
We make no representations or endorsements of any third-party products or services
on this Web site. Applied Medical's own products are subject to the written
warranty, if any, accompanying those products. We make no representations, warranties,
or recommendations with respect to any treatment or action with respect to any devices
or procedures by any person following the information offered or provided within
or through this Web site.
YOU SPECIFICALLY ACKNOWLEDGE THAT APPLIED MEDICAL IS NOT LIABLE FOR THE DEFAMATORY,
OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK
OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
IN NO EVENT IS APPLIED MEDICAL LIABLE FOR ANY DAMAGES CAUSED BY YOUR OR ANY THIRD
PARTY'S ACTS OR OMISSIONS. APPLIED MEDICAL IS NOT RESPONSIBLE FOR ANY CONTENT
DISTRIBUTED BY YOU THROUGH THIS WEB SITE OR ASSOCIATED SERVICES.
No advice or information, whether oral or written, obtained by you through the Web
site shall create any warranty not expressly stated in this legal notice.
Some jurisdictions do not allow the exclusion of certain warranties. Accordingly,
not all of the above limitations may apply to you.
Disclaimer Of Medical Liability
APPLIED MEDICAL DOES NOT PROVIDE MEDICAL ADVICE. The contents of Applied Medical's
Web site are for general informational purposes only. The content is not intended
to be a substitute for professional medical advice, diagnosis, or treatment. Reliance
on any information provided on this Web site is solely at your own risk. Individual
medical needs are very different; you should not assume that the information on
this Web site concerning certain courses of treatment or outcomes will apply to
you. Rather, you should evaluate your medical condition and make treatment decisions
based upon consultation with your physician.
The contents of Applied Medical's Web site may be of interest to medical professions
or other health care providers. Such contents are for general informational purposes
only and not intended to provide medical advice. Medical professionals and health
care providers should exercise their own judgement in determining whether a particular
product or procedure is appropriate for their practice or their patients.
Applied Medical's Web site contains information about products that may not
be available in all countries. Even if available, the governmental approval or market
clearance received for a particular product in one country may be for a different
use or indication, or subject to different restrictions, than in another country.
Every country has specific laws, regulations, and medical practices that govern
the communication of information about medical products over the Internet. Nothing
in this Legal Notice should be construed as a solicitation for, or promotion of,
any product or the use of any product that is not authorized by the laws and regulations
of the country where you reside.
Limitations Of Liability
IN NO EVENT SHALL APPLIED MEDICAL OR ANY OF ITS AGENTS, THIRD-PARTY CONTENT PROVIDERS,
AND SUPPLIERS BE LIABLE FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT, CONSEQUENTIAL,
OR CONTRIBUTORY DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION, DAMAGES FOR PERSONAL
INJURY, WRONGFUL DEATH, LOSS OF USE, LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION,
OR LOSS OF DATA), WHETHER IN AN ACTION IN WARRANTY, CONTRACT, OR TORT, ARISING OUT
OF OR IN ANY WAY CONNECTED WITH (i) THE USE OR PERFORMANCE OF THIS WEB SITE OR ANY
PRODUCTS PURCHASED THEREON; (ii) THE DELAY OR INABILITY TO USE THIS WEB SITE; (iii)
THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SERVICES,
AND RELATED GRAPHICS CONTAINED ON OR MADE AVAILABLE THROUGH THIS WEB SITE; (iv)
THE FAILURE TO PROVIDE THE PRODUCTS OR SERVICES; AND/OR (v) DAMAGES CAUSED BY THE
ACTS OR OMISSIONS OF YOU OR ANY THIRD PARTY.
Some states do not allow the exclusion or limitation of incidental or consequential
damages, so not all of the above limitations may apply to you.
You agree to defend, indemnify, and hold Applied Medical, its officers, directors,
employees, agents, licensors, suppliers, and affiliates harmless from and against
any claims, actions, or demands, liabilities, and settlements, including without
limitation reasonable legal and accounting fees, resulting from, or alleged to result
from, your violation of this Legal Notice or relating to or arising from your use
of this Web site, and any content, products, or services obtained on or through
this Web site.
LINKS TO OTHER WEB SITES & TO APPLIED MEDICAL'S WEB SITE
Applied Medical's Web site may contain links to Web sites operated by third
parties. We do not, either expressly or by implication, endorse the Content on such
Web sites or any association it may have with third parties. The links, if any,
are provided for your convenience only. We have no control over such Web sites,
and we do not review the Content on those Web sites; therefore, we are not responsible
or liable for any content, advertising, products, or other materials on or available
from such Web sites. You further acknowledge and agree that we are not responsible
or liable, either directly or indirectly, for any damage or loss caused or alleged
to be caused by or in connection with use of or reliance on any such content, goods,
or services available on or through any such Web site or resource.
Applied Medical encourages you to link to our Web site, for noncommercial purposes
only and only for the convenience of visitors to your own Web site, provided you
notify us. We may provide you with the HTML linking code needed to create a link
to our site. Although we would like you to link to our site, you only have our permission
to link to our home page at www.appliedmedical.com. Notices of such linkage should
be addressed to firstname.lastname@example.org. Deep linking into the various areas of
our Web site or framing of any of our Web site pages without our prior written permission
will be a violation of this Legal Notice. Linking to Applied Medical's Web site
is subject to the provisions of Section 1 of these Terms of Service regarding intellectual
property and use of Content. You may not make any statement suggesting or implying
in connection with any link to our site that Applied Medical has in any way endorsed,
approved, or sponsored your own Web site or any content thereon. In addition, the
use of robot, spider, other automatic device, or manual process to monitor or copy
our Web pages or the content contained thereon or for any other unauthorized purpose
without our prior express written permission is also in violation of this Legal
GENERAL LEGAL PROVISIONS
International Laws/Users: Applied Medical is based in Rancho Santa Margarita,
California, in the United States of America. Applied Medical makes no claims that
the Content is appropriate or may be downloaded outside of the United States. Access
to the Content may not be legal by certain persons or in certain countries. If you
access Applied Medical's Web site from outside the United States, you do so
at your own risk and are responsible for compliance with the laws of your jurisdiction.
Choice of Law and Forum: You expressly agree that exclusive jurisdiction
for any dispute with Applied Medical, or in any way relating to your use of Applied
Medical's Web site, resides in the courts of the State of California, and you
further agree and expressly consent to the exercise of personal jurisdiction in
the courts of the State of California in connection with any such dispute including
any claim involving Applied Medical or its affiliates, subsidiaries, employees,
contractors, officers, directors, telecommunication providers, and content providers.
This Legal Notice is governed by the internal substantive laws of the State of California,
without respect to its conflict of laws principles.
Entire Agreement: Except as expressly provided in a particular "legal
notice" on Applied Medical's Web site, this Legal Notice constitutes the
entire agreement between you and Applied Medical with respect to the use of Applied
Medical's Web site and Content. You also may be subject to additional terms
and conditions that may apply when you use affiliate services, third-party content,
or third-party software.
Thank you for your cooperation. We hope you find Applied Medical's Web site
helpful and convenient to use. Questions or comments regarding this Web site should
be directed by e-mail to email@example.com or by telephone to (800) 713-8000
or by U.S. mail to Applied Medical Resources Corporation, 22872 Avenida Empresa,
Rancho Santa Margarita, California 92688.