TERMS AND CONDITIONS
These Terms and Conditions constitute the entire agreement between you and Astute Medical with respect to your use of and access to this web site. Any failure by Astute Medical to exercise or enforce any provision or right under these Terms and Conditions does not constitute a waiver of such provision or right. Any rights not expressly granted in these Terms and Conditions are reserved.
You acknowledge and agree that this web site is offered "as-is." Astute Medical does not warrant or make any representations of any kind with respect to the materials and information contained on this web site. Your use of this web site is at your own risk. Although Astute Medical attempts to provide accurate information, this web site is intended to be for general reference and informational purposes only, and Astute Medical does not warrant the accuracy or suitability of any materials and information contained on this web site.
2. Contents of the Web Site
Products described or listed on this web site may not be available in all countries, and any reference to any product or service on this web site does not constitute an offer to sell or supply that product or service in your country. Product and other information, including pricing and availability, is subject to change at any time. Information concerning the availability and suitability of any particular product or service should be sought directly from Astute Medical before purchase, as the web site may contain inaccurate, incomplete or out-of-date information. Astute Medical assumes no responsibility for errors or omissions in the content on this web site, and makes no commitment to update such information. Your sole and exclusive remedy for issues relating to the use of this web site shall be to discontinue accessing this web site and discontinue use of any information or material obtained therefrom.
The material and information presented on this web site is for general reference and informational purposes only and is not intended to offer specific medical, tax, investment or legal advice of any kind.
ALL USERS ARE EXPRESSLY ADVISED TO CONSULT WITH THEIR OWN MEDICAL, TAX, INVESTMENT AND/OR LEGAL PROFESSIONALS BEFORE MAKING ANY MEDICAL DECISIONS, OR MAKING ANY TAX, INVESTMENT AND/OR LEGAL DECISIONS. BY USING THIS WEB SITE, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU ARE NOT RELYING ON ANY INFORMATION OR MATERIAL PRESENTED ON THIS WEB SITE TO MAKE ANY MEDICAL DECISIONS, OR MAKE ANY TAX, INVESTMENT AND/OR LEGAL DECISIONS.
3. Links to Other Sites.
Astute Medical may provide links to other sites maintained by third parties. Astute Medical has not reviewed or endorsed these external linked sites, and you hereby acknowledge and agree that Astute Medical shall not be responsible for the content, products or services offered in such sites. To the extent applicable, you are responsible for compliance with all local laws regarding material or information obtained from this web site or linked sites. If you decide to access or use any of the third party sites linked to this web site, you do so entirely at your own risk.
4. Disclaimer of Warranties and Liabilities.
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, YOU HEREBY WAIVE, DISCLAIM AND RELEASE ASTUTE MEDICAL, ITS SUBSIDIARIES AND AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, AND ASSIGNS, FROM ALL CLAIMS OF ANY KIND (SPECIFICALLY INCLUDING ANY AND ALL CLAIMS FOR ACTUAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, ATTORNEYS' FEES AND COSTS, OR CLAIMS FOR INTEREST, EVEN IF ASTUTE MEDICAL IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RELATED TO, IN CONNECTION WITH OR ARISING FROM, DIRECTLY OR INDIRECTLY, YOUR ACCESS TO (OR INABILITY TO ACCESS) THIS WEB SITE OR THE USE OF ANY MATERIAL OR INFORMATION CONTAINED ON OR ACCESSED THROUGH THIS WEB SITE. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THIS WEB SITE IS PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS WEB SITE IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ASTUTE MEDICAL OR THROUGH OR FROM THIS WEB SITE SHALL CREATE ANY WARRANTY OR OTHER RIGHT NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF THIS SECTION 1 MAY NOT APPLY TO YOU.
YOU UNDERSTAND THAT YOU ARE PERSONALLY RESPONSIBLE FOR YOUR BEHAVIOR WHILE ON THIS WEB SITE AND AGREE TO INDEMNIFY AND HOLD ASTUTE MEDICAL, ITS SUBSIDIARIES AND AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS AND ASSIGNS, HARMLESS FROM AND AGAINST ANY LOSS, DAMAGE, LIABILITY, COST, OR EXPENSE OF ANY KIND (INCLUDING ACTUAL ATTORNEYS' FEES) THAT ASTUTE MEDICAL OR ANY OF THE FOREGOING PERSONS MAY INCUR IN CONNECTION WITH A THIRD PARTY CLAIM OR OTHERWISE, RELATED TO, IN CONNECTION WITH OR ARISING FROM YOUR USE OF THIS WEB SITE OR MATERIAL OR INFORMATION ON THIS WEB SITE, ACCESS TO THIS WEB SITE, YOUR VIOLATION OF THESE TERMS AND CONDITIONS OR YOUR VIOLATION OF APPLICABLE LAWS OR REGULATIONS.
6. Forward-Looking Statements.
This web site may contain forward-looking statements within the meaning of the federal securities laws that involve material risk and uncertainties. Many possible events or factors could affect our future financial results and performance, such that our actual results and performance may differ materially. As such, no forward-looking statement can be guaranteed. Differences in operating results may arise as a result of a number of factors including, without limitation, seasonality, adverse changes in the competitive and economic conditions in domestic and international markets, actions of our major distributors, manufacturing and production delays or difficulties, adverse actions or delays in product reviews by the Federal Drug Administration and the lower acceptance of our new products than forecast. Forward-looking statements typically are identified by the use of terms such as "may," "will," "should," "might," "expect," "anticipate," "estimate" and similar words, although some forward-looking statements are expressed differently. You are cautioned not to place undue reliance on these forward-looking statements, which reflect management's analysis only as of the date that the forward-looking statement is made. Astute Medical undertakes no obligation to publicly release the results of any revision of any such forward-looking statements.
7. Intellectual Property.
Astute Medical makes every effort to respect the intellectual property rights of others. Please be advised that Astute Medical will aggressively enforce its own intellectual property rights to the fullest extent of the law.
This web site (excluding all external linked sites) and the information provided thereon, including, without limitation, all design, text, images, photographs, press releases and other information, are owned by Astute Medical and/or used under license from the copyright owner and are protected under United States and worldwide copyright laws. The information may not, except under prior written consent from a duly authorized representative of Astute Medical, be copied, reproduced, transmitted, displayed, performed, distributed, rented, sublicensed, altered, stored for subsequent use or otherwise used in whole or in part in any manner, except to the extent that such use is authorized under the United States and other relevant copyright laws.
Astute Medical's trademarks, logos, images, and service marks used on this web site are the property of Astute Medical and may not be used without the prior written consent of a duly authorized representative of Astute Medical and without proper acknowledgment. Without limitation, Astute Medical®, the AM logo, NephroCheck®, the NephroCheck® logo, and Astute140® are registered trademarks of Astute Medical, Inc. A list of Astute Medical trademarks may be found by clicking here. All other trademarks and/or logos are the property of their respective owners.
A list of patents applicable to various Astute Medical products may be found by clicking here.
9. Equal Employment Opportunity Commission Statement.
Astute Medical does not discriminate against or harass any employee or applicant for employment because of race, color, creed, religion, national origin, sex, disability, age, marital status, sexual orientation, political affiliation, veteran and/or status with regard to public assistance. Astute Medical makes employment decisions in accordance with applicable federal, state and local laws.
10. Governing Law.
The internal laws of the State of California, without reference to any choice of law provisions, shall govern any claims relating to, in connection with or arising from any use or access of this web site. This web site is controlled by or on behalf of Astute Medical within the United States of America. Astute Medical makes no representation that the material and information on this web site are appropriate or available for use in other locations, and access to them from territories where such material and information is illegal is prohibited. Those who choose to access this web site from other locations do so on their own initiative and are responsible for compliance with applicable local laws.
11. Updates and Revisions to these Terms and Conditions.
Astute Medical may update and/or revise these Terms and Conditions at any time, and from time to time, without notice, and all users of this web site will be bound by such revisions. Updates and revisions will be posted on this "Terms and Conditions" page and users are responsible and agree to review the page from time to time to ensure compliance.
If any one or more of the terms or provisions of these Terms and Conditions is declared unlawful, void or for any reason unenforceable by any court in any jurisdiction, then any such term(s) or provision(s) shall be deemed severable from the remaining terms or provisions in such jurisdiction and will not affect the validity and enforceability of such remaining terms or provisions.