Terms of service.
Thank you for visiting this website of StemCardia, Inc. ('Website') and welcome to StemCardia Inc.'s ('StemCardia') Terms and Conditions of Use (this “Agreement”). This Website is the property of StemCardia and is maintained and made available to the public for the purpose of offering to those who are interested in StemCardia and its business a convenient way to find relevant information, such as StemCardia’s latest news releases and StemCardia’s contact information.
Your access to, browsing and/or use of this Website are subject to the following Terms & Conditions, this Website’s Privacy Policy, any other terms, conditions or guidelines set out elsewhere in this Website, as well as all applicable laws, rules and regulations, including but not limited to laws regarding trademarks, copyrights, rights of privacy and publicity, defamation, and Export Controls laws. By using this Website, you accept and agree to be bound by the above and the following Terms & Conditions:
1. CONTENT AND ACCURACY OF INFORMATION.
While StemCardia takes reasonable steps to ensure that the information, images, text or links (the "Information") contained in this Website are accurate and complete, StemCardia makes no representations or warranties as to the completeness or accuracy of the Information. StemCardia hereby disclaims any and all liability for any omissions or errors in or to the Information or the content of this Website generally.
2. INTELLECTUAL PROPERTY.
Unless otherwise stated or indicated, software programs available on or through this Website, and other content included on this Website (“Content”) limited to registered trademarks, graphics, photographs, images, logos and service marks (collectively, the “Marks”) is the property of StemCardia or the property of third parties who have granted StemCardia permission to use such Content on this Website.
3. COPYRIGHT NOTICE; INTELLECTUAL PROPERTY OWNERSHIP.
It is generally illegal to copy, reproduce or distribute copyrighted information or materials (including photographs) without the consent of the owner of such copyright. Generally, the photographer is the owner of the copyright of a photograph or image. Unless otherwise clearly indicated, you should assume that any images on this Website are copyrighted and/or protected and may not be used or copied by you, except as explicitly provided in this Website or as otherwise permitted by applicable law notwithstanding any prohibition or limitation provided in this Website, without the express prior written consent of StemCardia. This prohibition means you may not transmit, mirror, display, publish, sell, license, or otherwise or re-distribute, or modify, create derivative works, or otherwise use any Marks or other Content available on or through this Website without the express prior written permission of StemCardia or the copyright or trademark owner. You may download and print text (Content) and images (Marks) from this Website only for your private, non-commercial use, and, for example and not by way of limitation, you may not use any text as meta tags on or hypertext links to other pages or websites on the World Wide Web. Any other use requires the prior written consent of StemCardia or the owner of the copyright or other owner. Nothing in this Agreement confers any rights in the Marks or other Content to you that is not explicitly provided in this Agreement.
YOU ALSO REPRESENT THAT YOU ARE THE OWNER OR ARE AUTHORIZED BY THE COPYRIGHT OWNER TO USE ANY COPYRIGHTED MATERIALS SUBMITTED OR PROVIDED BY YOU. UNAUTHORIZED USE MAY BE IN VIOLATION OF THE LAW AND COULD RESULT IN LIABILITY ON YOUR PART.
4. IMAGES.
Any images contained in or displayed by StemCardia on this Website, other than as submitted by you, are the property of StemCardia or are used by StemCardia with the consent of the copyright holder and persons if any, appearing in such images. Subject to paragraph 3 hereof, the use by you of any such images (or any portions thereof) without the express written consent of StemCardia or the copyright holder is prohibited. UNAUTHORIZED USE MAY BE IN VIOLATION OF THE LAW AND COULD RESULT IN LIABILITY ON YOUR PART.
5. OBSCENE MATERIALS.
You are hereby advised that any images submitted by you are subject to review and examination by StemCardia. Any and all images are, of course subject to all applicable laws. Any perceived violations of law will be reported by StemCardia to applicable law enforcement authorities. StemCardia reserves the right in its sole and absolute discretion to refuse to process or post any materials deemed objectionable by StemCardia.
6. UNSOLICITED IDEAS POLICY STATEMENT.
StemCardia and its affiliates have extensive research and development programs and are continuously working on and developing new products and processes, new uses and/or improvements for existing products and processes, new or modified devices, equipment, apparatus, business ventures, marketing plans, and the like. In addition, StemCardia and its affiliates have already accumulated a large collection of intellectual property and business and technological ideas.
In order to avoid possible future confusion between StemCardia’s ideas and any ideas submitted to StemCardia, as well as to avoid restriction of its own research and development program and activities, StemCardia maintains a policy not to accept any non-public or otherwise confidential ideas. By submitting an idea to StemCardia, you agree that StemCardia has no obligation (i) to keep such idea or any submitted materials as confidential, (ii) to study, evaluate, consider or adopt such idea, (iii) to return any submitted materials or (iv) to compensate you or any other party for such idea.
7. LINKS TO THIRD PARTY SITES.
The StemCardia website may contain links to third party websites ("Linked Sites"). The Linked Sites are not under the control of StemCardia and StemCardia does not monitor, review or update, and does not have any control over, any Third Party Content or third party websites, and StemCardia is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. StemCardia is not responsible for webcasting or any other form of transmission received from any Linked Site nor is StemCardia responsible if the Linked Site is not working appropriately. StemCardia is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by StemCardia of the site or any association with its operators. The Linked Site may contain its own privacy policy governing the collection and use of your information, and StemCardia is not responsible for the use of any information submitted to the Linked Sites. You are responsible for viewing and abiding by the privacy statements and terms of use posted at the Linked Sites.
Any dealings with third parties (including advertisers) included within the StemCardia website or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the advertiser or other third party. StemCardia shall not be responsible or liable for any part of any such dealings or promotions.
8. NO WARRANTIES; LIMITATIONS OF LIABILITY.
YOUR ACCESSING OR USE OF THIS SITE IS AT YOUR OWN RISK, AND YOU ACKNOWLEDGE AND ACCEPT EVERYTHING ON THIS SITE AS IS, WITHOUT ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY, INFORMATIONAL CONTENT, SYSTEM INTEGRATION OR ACCURACY AND THE EXPRESS WARRANTY OF QUIET ENJOYMENT.
ADDITIONALLY, STEMCARDIA ASSUMES NO LIABILITY AND SHALL NOT BE RESPONSIBLE FOR, AND YOU HEREBY ASSUME ALL RISK OF: INTERRUPTION OF SERVICE, ANY LINKAGE TO ANY THIRD PARTY SITES, ANY COMMUNICATIONS WITH ANY THIRD PARTIES, AND ANY DAMAGE TO YOUR COMPUTER OR OTHER PROPERTY RESULTING FROM YOUR ACCESS TO OR USE OF THIS SITE, INCLUDING BUT NOT LIMITED TO ANY DAMAGE RESULTING FROM ANY COMPUTER VIRUSES OR FROM LINKAGE TO ANY THIRD PARTY SITES. STEMCARDIA SHALL NOT BE RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR ACCESS TO OR USE OF THIS WEBSITE (EVEN IF STEMCARDIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), INCLUDING LIABILITY ASSOCIATED WITH ANY VIRUSES, MACROS, OR OTHER DISABLING SOFTWARE THAT MAY INFECT YOUR COMPUTER EQUIPMENT.
9. SOFTWARE DOWNLOADING AND EXPORTING.
Any software contained in this Website may only be downloaded by you where expressly authorized in this Website and pursuant to the explicit terms and conditions set forth in these Terms and Conditions or as otherwise provided with such software. All downloaded software must retain all copyright and proprietary notices contained on such software. Additionally, the downloading or exporting of software is subject to all applicable laws, rules and regulations, including but not limited to laws regarding copyrights and U.S. Export Controls laws and regulations prohibiting the exporting of software to certain countries and individuals.
10. REVISIONS AND UPDATES.
The Information is provided by StemCardia as a convenience and is subject to change without notice. StemCardia may, at any time and from time to time, revise these Terms and Conditions and the content of this Website generally with updates and revisions (the "Updates and Revisions"). You hereby acknowledge and agree that you will be bound by such Update and Revisions regardless of whether or not you have reviewed them. We recommend that you periodically visit this page to review and familiarize yourself with all current Terms and Conditions and review this Website generally to familiarize yourself with any Updates and Revisions.
11. INDEMNIFICATION.
You agree to indemnify and hold harmless StemCardia and its affiliates, officers, directors, agents and employees from any claim or demand, including reasonable attorneys’ fees made by any third party due to or arising out of your breach of this Agreement, or your violation of any law or the rights of a third party. You also agree to indemnify StemCardia for any and all damage you may cause StemCardia, its affiliates, or its Website due to your interaction with this Website.
12. TERMINATION.
StemCardia reserves the right, without notice and in its sole discretion, to terminate your ability to use this Website, and to block or prevent future access to and use of this Website. Failure by you to abide by the terms and conditions of this Agreement automatically revokes your authorization to use this Website and its included services, including a termination of any license granted in this Agreement. StemCardia reserves the right to seek all remedies available at law and in equity for violations of these terms and conditions, including the right to block access from a particular Internet address to this Website.
13. JURISDICTION / GOVERNING LAW.
As a user of this Website, you agree to submit to the laws of the State of Washington, U.S.A. without regard to conflicts of laws principles. Any and all actions brought to enforce this Agreement or resolve any dispute arising out of this Agreement shall be brought solely in the courts having jurisdiction in King County, Washington, and you hereby consent to, agree to submit to, and waive any objection, the exclusive personal jurisdiction and venue of such courts including, without limitation, on grounds of forum non conveniens.
14. SEVERABILITY.
If any provision of this Agreement is held to be invalid or unenforceable, such provision will be stricken and the remaining provisions shall be enforced.
15. CONTACT INFORMATION.
You may direct questions or comments about this Agreement or this Website to StemCardia directly at the ‘Contact Us’ portion of our home page.
Last updated 2024