Disclaimers & Privacy Statement
All product names, logos and slogans are trademarks of Eximis Surgical, LLC. ("Eximis Surgical" or the company). All of the content on the Eximis Surgical website, including all images and text, is copyrighted. No portion of the information contained in this website may be copied, reproduced, distributed, republished, or downloaded without the express written permission of Eximis Surgical.
THIS AGREEMENT AND YOUR USE OF THE SITE SHALL BE GOVERNED BY THE LAWS OF THE STATE OF COLORADO, WITHOUT REGARD TO PRINCIPLES OF CONFLICT OF LAWS.
USE OF THE SITE
You may only use this Site for its intended purpose and solely in accordance with this Agreement. In addition, you may not restrict or inhibit any other person from using or enjoying the Site. The Site may contain links to other Internet sites and third-party resources. Eximis Surgical not responsible for either the availability of these outside resources or their content. Eximis Surgical may, but is not obligated to, monitor your use of the Site. As part of your use of the Site, you may provide registration information to Eximis Surgical. You warrant that all such registration information is accurate and truthful, and you agree to update such information as necessary. You may also be asked to choose or be assigned a user name and password. You are responsible for maintaining the confidentiality of such information.
The content of this Site is protected by law, including without limitation United States patent, copyright law, trademark law, and applicable international treaties. You are granted permission to display, reproduce, distribute, and download the materials on this Site solely for your own personal, non-commercial use, provided that none of the content is modified and all of Eximis Surgical's legal legends are retained. You may not "mirror" any content contained within this Site without the express prior written consent of Eximis Surgical. Except as stated herein, none of the content may be reproduced, distributed, published, displayed, downloaded, or transmitted in any form by any means without the prior written permission of Eximis Surgical or the appropriate copyright owner. Eximis Surgical does not grant you any licenses, express or implied, to the intellectual property of Eximis Surgical or its licensors except as expressly stated in this Agreement.
TRANSMISSION OF CONTENT
This Site is controlled and operated by Eximis Surgical from within the United States. Eximis Surgical makes no representations that materials contained within the Site are appropriate or available for use in other locations, and access to the Site from locations where such activity is illegal is prohibited. Those who choose to use the Site from other locations do so on their own initiative and are solely responsible for compliance with all applicable laws.
U.S. GOVERNMENT RESTRICTED RIGHTS
The content of this Site is provided with "RESTRICTED RIGHTS." Use, duplication, or disclosure by the United States Government is subject to restrictions as set forth in applicable laws and regulations.
LIMITATION OF LIABILITY
THE SITE IS PROVIDED "AS IS" AND EXIMIS SURGICAL 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 EXIMIS SURGICAL 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 SITE OR THE CONTENT CONTAINED THEREIN, EVEN IF EXIMIS SURGICAL 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.
This Agreement may be modified by Eximis Surgical at any time by updating and posting a new version on the Site. By using the Site, you agree to be bound by the terms and conditions of the version of this Agreement that is in force during such use.
TERM AND TERMINATION
This Agreement is effective as of the date of your first access or use of the Site, and shall remain in effect for the duration of your access or use. This Agreement shall automatically terminate upon your breach of the Agreement.
The state or federal courts sitting in Boulder County, Colorado shall have exclusive jurisdiction and venue over any dispute arising out of this agreement and sale, and you hereby consent to the jurisdiction of such courts. This Agreement may not be modified, supplemented, qualified, or interpreted by any trade usage or prior course of dealing not made a part of the Agreement by its express terms. The invalidity or unenforceability of any provision of this Agreement shall not affect the validity of this Agreement as a whole and any such provision should be enforced by authorities, and reconstructed if need be, to apply to the maximum extent allowable under applicable law. The failure by either party to enforce at any time any of the provisions of this Agreement, to exercise any election or option provided herein, or to require at any time the performance of the other of any of the provisions herein will not in any way be construed as a waiver of such provisions. Reasonable attorneys' fees and costs will be awarded to the prevailing party in the event of litigation involving the enforcement or interpretation of this Agreement. The section headings used herein are for convenience only and shall not be given any legal import.
What information may Eximis Surgical collect?
"Personal Information" means any information that may be used to identify an individual, including, but not limited to, first and last name, home or other physical address, an email address, phone number, or other contact information, whether at work or at home.
In a few areas on our Site and online customer support tools, we may ask you to provide Personal Information that will enable us to enhance your use of the Site or for purposes such as facilitating correspondence with you, registering your entitlement to access certain special features of the Site, or to complete transactions. It is always your choice whether or not to provide that Personal Information. If you choose not to provide requested Personal Information, you may not be able to use certain features of the Site.
We may also automatically receive and record information on our server logs from your browser, which could include your IP address, cookie information, browser information, and the page you request.
Information Sharing and Disclosure to Third Parties
Agents or contractors of Eximis Surgical may have access to your Personal Information for the purpose of performing services on behalf of Eximis Surgical. All such agents or contractors who have access to your Personal Information are required to keep the information confidential and not use it for any other purpose than to carry out the services they are performing for Eximis Surigical or as otherwise required by law. In addition, information collected about you may be shared with other third parties as expressly stated on the page on which you provided such information.
Except as set forth above, Eximis Surgical does not rent, sell or share Personal Information it collects about you to or with third parties. Personal Information collected from you is only used to comply with any requirements of law. Eximis Surgical or its agents or contractors may disclose Personal Information if required to do so by law or in the good faith belief that such action is necessary to: (1) conform to the edicts of the law or comply with legal process; (2) protect and defend the rights or property of Eximis Surgical or its agents or contractors; or (3) act in urgent circumstances to protect the personal safety of users of Eximis Surgical, its Web sites or the public. If Eximis Surgical should ever file for bankruptcy or merge with another company, we may sell the information you provide to us on this Site to a third party or share your Personal Information with any company with whom we merge.
Personal Information collected on this Site may be stored and processed in the United States or any other country in which Eximis Surgical or its agents or contractors maintain facilities, and by using this Site, you consent to any such transfer of information outside of your country.
Contacting Eximis Surgical
Eximis Surigical, LLC
© 2015 Eximis Surgical, LLC. All Rights Reserved.