Terms of Use

Ownership of Site; Agreement to Terms of Use

These Terms and Conditions of Use ("Terms of Use") apply to the World Wide Web site owned, operated, licensed, and controlled by SteadMed Medical, LLC, including its related, affiliated, or subsidiary companies (together, "SteadMed") located at www.steadmed.com, and all associated sites linked to this web site (collectively, the "Site"). This Site is the property of SteadMed. Please read this page carefully. By using this Site, you agree to these Terms of Use; if you do not agree, do not use this Site.

SteadMed reserves the right at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, SteadMed grants you a personal, revocable, non-exclusive, non-transferable, limited privilege to enter and use the Site. As a further condition of use of this Site, you warrant that you will not use this Site for any purpose that is unlawful or prohibited by these Terms of Use.

Intellectual Property

This Site, the content, any materials downloaded, and all intellectual property pertaining to or contained on the Site (including but not limited to copyrights, patents, database rights, graphics, designs, text, logos, trade dress, trademarks and service marks) are owned by SteadMed or third parties and all right, title and interest therein shall remain the property of SteadMed and/or such third parties (collectively, the "Content"). All Content is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.

You are authorized solely to view and retain a copy of the pages of the Site for your own personal, non-commercial use. You may also view and make copies of relevant documents, pages, images or other materials on this Site for the purpose of transacting business with SteadMed. You agree that you will not duplicate, publish, modify, create derivative works from, participate in the transfer of, post on the World Wide Web, or in any way distribute or exploit the Site, or any portion of the Site for any public or commercial use without the express written consent of SteadMed. Additionally, you agree that you will not (i) remove or alter any author, trademark or other proprietary notice or legend displayed on the Site (or printed pages produced from the Site); and (ii) make any other modifications to any documents obtained from the Site other than in connection with completing information required to transact business with SteadMed.

Site Security

As a condition of your use of this Site, you agree that you will not, and you will not take any action intended to: (i) access data that is not intended for you; (ii) invade the privacy of, obtain the identity of, or obtain any personal information about any SteadMed customer or user of this Site; (iii) probe, scan or test the vulnerability of this Site or the SteadMed network or breach security or authentication measures without proper authorization; (iv) attempt to interfere with service to any user, host or network or otherwise attempt to disrupt our business, including, without limitation, via means of submitting a virus to this Site, overloading, "flooding," "spamming," "mailbombing" or "crashing;" or (v) send unsolicited mail, including promotions and/or advertising of products and services. Violations of system or network security may result in civil or criminal liability.

Privacy

SteadMed is committed to safeguarding your privacy online. We understand the importance of privacy to our customers and visitors to our web site. We collect and store information so that we can efficiently provide the products and services demanded by our customers. SteadMed's Privacy Notice applies to use of this Site, and its terms are made a part of these Terms of Use by this reference. Additionally, by using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, notwithstanding SteadMed's efforts to protect such transmissions. Use of the Internet is solely at your own risk and is subject to applicable local, state, national, and international laws and regulations. The confidentiality of any communication or material transmitted to/from this Site cannot be guaranteed. Accordingly, SteadMed is not responsible for the security of any information transmitted via the Internet. . Information provided to SteadMed by you is not subject to the privacy rule promulgated under the Health Insurance Portability and Accountability Act of 1996 (HIPAA) but may be subject to the requirements of privacy laws or regulations adopted by your state of residence. SteadMed does not sell, rent or disclose your personal identifying information or medical information to any third party, except as may be described in this Privacy Notice.

As you use this site, certain anonymous, non-personal information can be passively collected (collected without you actively providing the information) using technologies such as, but not limited to, "cookies", "Internet tags", "Internet Protocol Addresses (IP)", "Web beacons" and "Navigational data" collection methods. Non-personal information may include, but is not limited to, the following:

  • the type of web browser software you use (for example, Firefox or Internet Explorer)
  • the name of the domain from which you access the Internet
  • the Internet address of the Web site from which you linked directly to the SteadMed Web site
  • the date and time you access our Web site
  • the search terms you use
  • the links on which you click
  • personal information that has been made non-personal or anonymized (i.e., information that no longer reflects or references an individually identifiable user)

Your Internet browser automatically transmits to this site some of this information, such as the URL of the Web site you just accessed prior to this Site and the IP address and browser version your computer uses. The use of cookies, Web beacons and Internet tags can be used to collect this information from your computer. SteadMed may place a text file called a cookie in the browser files of your computer when you visit. The cookie may be stored on your computer’s hard drive. The information we collect using cookies is non-personal information. You may be able to set your computer to refuse cookies altogether, but certain features of the site may not work without them.

Disclaimers

STEADMED DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, DOCUMENT OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE MATERIAL IN THIS SITE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. STEADMED CANNOT ENSURE THAT ANY FILES, DOCUMENTS OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. STEADMED DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. STEADMED DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST STEADMED FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.

Limitation of Liability

EXCEPT WHERE PROHIBITED BY LAW, NEITHER STEADMED, NOR ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, SUCCESSORS OR ASSIGNS OF EACH, SHALL BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, EVEN IF STEADMED HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNLESS OTHERWISE EXPRESSLY SET FORTH IN A WRITTEN AGREEMENT WITH YOU, STEADMED'S MAXIMUM LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THIS SITE, OR ITS CONTENT, WHETHER IN CONTRACT, TORT OR OTHERWISE SHALL BE LIMITED TO THE AMOUNT YOU PAID TO ACCESS THIS SITE. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.

Indemnity

By using the Site, you agree to defend, indemnify, and hold harmless SteadMed, its directors, officers, employees, agents, contractors, successors or assigns of each, from and against any and all losses, claims, damages, costs and expenses (including reasonable legal and accounting fees) that SteadMed, its directors, officers, employees, agents, contractors, successors or assigns of each, may become obligated to pay arising or resulting from your use of this Site, the Content, or your breach of these Terms of Use. SteadMed reserves the right to assume or participate, at your expense, in the investigation, settlement and defense of any such action or claim.

Linking

This Site may contain links to sites maintained by third parties over which SteadMed exercises no control. These sites have not been reviewed by SteadMed and consequently, SteadMed is not responsible for the content or privacy policies of those sites, and the existence of such links should not be considered an endorsement or recommendation of those sites or of any product or service offered on those sites or of any party that is associated with those sites. Please note that other web sites and web pages linked to this Site may be governed by separate terms and conditions, including privacy policies. Please refer to the applicable terms and conditions of those web sites and web pages when visiting them.

Minors

This Site is not directed at children under the age of thirteen (13) and SteadMed does not knowingly collect personal information from any child under the age of thirteen (13) at this Site.

Law and Venue

This Site is originated in the State of Texas. These Terms of Use and the relationship between you and SteadMed shall be governed by the laws of the State of Texas without regard to its conflicts of law provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in Tarrant County, Texas, and agree and consent that such courts are the exclusive forum for litigation of any claim or cause of action arising out of or relating to your use of this Site or the Content. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or relating to your use of this Site or the Content must be filed within one year after such claim or cause of action arose or be forever barred.

Miscellaneous

Any failure by SteadMed to exercise any rights or enforce any of these Terms of Use shall not constitute a waiver of such rights or terms. If any provision of these Terms of Use or their application in a particular circumstance is held to be invalid or unenforceable to any extent, the remainder of these Terms of Use, or the application of such provision in other circumstances, shall not be affected thereby, and each provision hereof shall be valid and enforced to the fullest extent permitted by law. These Terms of Use constitute the entire agreement between you and SteadMed with regard to your use of the Site, and any and all other written or oral agreements or understandings previously existing between you and SteadMed with respect to such use are hereby superseded and cancelled. SteadMed will not accept any counter-offers to these Terms of Use, and all such offers are hereby rejected.

This Site and its Content are directed to persons residing in the United States. You may not use or export or re-export any portion of this Site or its Content in violation of any applicable laws or regulations, including without limitation United States export laws and regulations.