This Website Terms and Conditions of Use Agreement (“Agreement”) is made by and between Aerin Medical Inc. (“Aerin Medical”, “we”, or “us”), having a principal place of business in California, USA, and you (“you,” “your,” or “user”). This Agreement contains the terms and conditions that govern your use of this Website.
THIS WEBSITE IS INTENDED FOR USE BY INDIVIDUALS 18 YEARS OF AGE OR OLDER. WE HAVE NO INTENT TO COLLECT INFORMATION FROM CHILDREN UNDER THE AGE OF 18. IF YOU ARE UNDER THE AGE OF 18, YOU MAY NOT ACCESS OR USE THIS WEBSITE WITHOUT THE CONSENT OF YOUR PARENT OR GUARDIAN.
1. ACCESS TO THIS WEBSITE
2. RESTRICTION ON USE
You may use this Website for purposes expressly permitted by these Terms and Conditions. As a condition of your use of the Website, you warrant to Aerin Medical that you will not use the Website for any purpose that is unlawful or prohibited by this Agreement. For example and without limitation, you may not (and may not authorize any party to) (i) co-brand this Website, or (ii) frame this Website, without the express prior written permission of an authorized representative of Aerin Medical. For purposes of this Agreement, “co-branding” means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute this Website or its Content. You agree to cooperate with Aerin Medical in causing any unauthorized co-branding or framing immediately to cease. In addition, you may not use the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party’s use and enjoyment of the Website. You may not obtain or attempt to obtain any materials, Content (defined below), or information through any means not intentionally made available or provided to you, including without limitation exceeding the limitations of access granted to you, through the Website. You may not use scrapers, bots, spiders, or other automated tools to collect or index the Content of this Website without our express permission. Your use of this Website is strictly for your personal, non-commercial use only.
3. ADDITIONAL USE LIMITATION
You may not modify, copy, distribute, display, send, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, Content, software, products, or services obtained from or otherwise connected to the Website.
4. PROPRIETARY INFORMATION
The material and content accessible from this Website, and any other Website owned, operated, licensed, or otherwise controlled by Aerin Medical (the “Content”) is the proprietary information of Aerin Medical or the party that provided or licensed the Content to Aerin Medical, whereby such providing party retains all right, title, and interest in the Content. Neither title nor intellectual property rights are transferred to you by access to this Website.
This Website may be hyper-linked to other Websites, which are not maintained by, or related to, Aerin Medical. Hyper-links to such Websites are provided as a service to users and are not sponsored by or affiliated with this Website or Aerin Medical. Aerin Medical has not reviewed any or all of such Websites and is not responsible for the content of those Websites. Aerin Medical is not responsible for webcasting or any other form of transmission received from any hyper-linked Website. Hyper-links are to be accessed at the user’s own risk, and Aerin Medical makes no representations or warranties about the content, completeness, or accuracy of these hyper-links or the Websites hyper-linked to this Website. Aerin Medical provides hyper-links as a convenience, and the inclusion of any hyper-link to a third-party Website does not necessarily imply endorsement by Aerin Medical of that Website, its owner, or its content.
7. SMS MESSAGING
SMS Messaging is used to send educational information about Aerin Medical Services, remind you to contact a physician in your area or to provide other relevant Aerin Medical content and information.
You can cancel the SMS service at any time. Just text “STOP” to the short code. After you send the SMS message “STOP” to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us. If you want to join again, just sign up as you did the first time and we will start sending SMS messages to you again.
If you are experiencing issues with the messaging program please contact us at email@example.com.
Carriers are not liable for delayed or undelivered messages. As always, message and data rates may apply for any messages sent to you from us and to us from you. Message frequency varies depending on your activity. If you have any questions about your text plan or data plan, it is best to contact your wireless provider.
You understand that Aerin Medical cannot and does not guarantee or warrant that files available for downloading from the Internet will be free of viruses, worms, Trojan horses, or other code that may manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to this Website for any reconstruction of any lost data. Aerin Medical does not assume any responsibility or risk for your use of the Internet.
The Content is not necessarily complete and up-to-date and should not be used to replace any written reports, statements, or notices provided by Aerin Medical. This Website may contain forward-looking statements that reflect Aerin Medical’s current expectation regarding future events and business development. The forward-looking statements involve risks and uncertainties. Actual developments or results could differ materially from those projected and depend on a number of factors, including but not limited to the success of current research programs, results of pending or future clinical trials, ongoing commercialization of its products, regulatory approvals, validity, and enforcement of its patents, the stability of its commercial relationships, and the general economic conditions. Aerin Medical may update this Website on a regular basis but assumes no obligation to update any of the Content.
You understand that Aerin Medical, by providing the Website, is not acting as a physician or other medical services provider. The content of the Website should not be considered medical advice. You should always talk to an appropriately qualified health care professional for diagnosis and treatment, including information regarding which devices or treatment may be appropriate for you. None of the content of the Website represents or warrants that any particular device or treatment is safe, appropriate, or effective for you. Without limitation, Aerin Medical does not recommend or endorse that any specific tests, health care professionals, devices, products or procedures will be appropriate for you.
The Find a Doctor feature is provided for your convenience in locating a physician who offers treatment with Aerin Medical products, and while each physician listed has completed an Aerin Medical training course, Aerin Medical does not endorse any particular physician or practice listed on this Website. Aerin Medical makes no representation or warranty that any particular therapy is safe, appropriate or effective for you, or that any particular healthcare provider has a particular level of skill. You understand that the providers accessible through the Find a Doctor feature are not affiliated with Aerin Medical, except that some of them are Aerin Medical customers, users of Aerin Medical products, and/or consultants for Aerin Medical. Any opinions, medical or otherwise, expressed by the providers are based on their own experience and judgment, and not necessarily those of Aerin Medical. Aerin Medical does not recommend or endorse any providers and specifically disclaims all responsibility for any liability, loss, or risk, personal or otherwise, which is incurred as a consequence, directly or indirectly, as a result of acts of omissions of any provider on the site.
YOUR USE OF THIS WEBSITE IS AT YOUR OWN RISK. THE WEBSITE AND ITS CONTENT ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. AERIN MEDICAL DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. AERIN MEDICAL DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED IN THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. AERIN MEDICAL DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF THE CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND AERIN MEDICAL MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. YOU, AND NOT AERIN MEDICAL, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS WEBSITE OR ITS CONTENT. AERIN MEDICAL MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT.
9. LIMITATION ON LIABILITY
AERIN MEDICAL, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF AERIN MEDICAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF AERIN MEDICAL AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED $100.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. AS A RESULT, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
YOU AGREE THAT YOU CANNOT FILE A CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE WEBSITE MORE THAN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE
10. TERMINATION OR RESTRICTION OF ACCESS
Aerin Medical reserves the right, in its sole discretion, to terminate your access to the Website and the related services or any portion thereof at any time, without notice.
You will indemnify and hold Aerin Medical, its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (the “Indemnified Parties”) harmless from any breach of this Agreement by you, including any use of Content other than as expressly authorized in this Agreement. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorney’s fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from any claims brought by third parties arising out of your use of the information accessed from this Website.
12. TRADEMARKS AND COPYRIGHTS
Trademarks, service marks, logos, and copyrighted works appearing in this Website are the property of Aerin Medical or the party that provided the trademarks, services marks, logos, and copyrighted works to Aerin Medical. Aerin Medical and any party that provided trademarks, service marks, logos, and copyrighted works to Aerin Medical retain all rights with respect to any of their respective trademarks, service marks, logos, and copyrighted works appearing in this Website.
You are prohibited from any attempt to compromise security or tamper with system resources and/or accounts associated with this Website. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools, or network probing tools) is strictly prohibited. If you become involved in any violation of system security, Aerin Medical reserves the right to release your details to system administrators at other websites in order to assist them in resolving security incidents. Aerin Medical reserves the right to investigate suspected violations of this Agreement.
Aerin Medical reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing Aerin Medical to disclose the identity of anyone using or supplying information through this Website, and Aerin Medical reserves the right to provide information about you to law enforcement if Aerin Medical believes you have breached this agreement or violated any applicable laws. BY ACCEPTING THIS AGREEMENT, YOU WAIVE AND HOLD HARMLESS AERIN MEDICAL FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY AERIN MEDICAL DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER AERIN MEDICAL OR LAW ENFORCEMENT AUTHORITIES.
You recognize and agree that when submitting your personally identifiable information to Aerin Medical, while Aerin Medical may have safeguards in place to prevent unauthorized access or interception, there is no absolute guarantee of security. IN THE UNLIKELY EVENT OF AN INTERCEPTION OR UNAUTHORIZED ACCESS DESPITE OUR EFFORTS, AERIN MEDICAL SHALL NOT BE RESPONSIBLE FOR SUCH INTERCEPTIONS. AERIN MEDICAL DOES NOT WARRANT, EITHER EXPRESSLY OR IMPLIEDLY, THAT THE INFORMATION PROVIDED BY ANY CUSTOMER SHALL BE FREE FROM INTERCEPTION OR UNAUTHORIZED ACCESS.
This Agreement will be governed and interpreted pursuant to the laws of California, United States of America, excluding any principles of conflicts of law. You specifically consent to personal jurisdiction in Sunnyvale, California in connection with any dispute between you and Aerin Medical arising out of this Agreement or pertaining to the subject matter hereof. The parties to this Agreement each agree that the exclusive venue for any dispute between the parties arising out of this Agreement will be in the state and federal courts in Sunnyvale, California.
If any part of this Agreement is unlawful, void, or unenforceable, that part shall be modified by a court of competent jurisdiction to reflect, to the maximum extent possible, the original intention of the parties as dictated by the original wording or, if not amendable to become lawful and enforceable, shall be severable from this Agreement and will not affect the validity and enforceability of any remaining provisions.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Aerin Medical as a result of this Agreement or your accessing, visiting, browsing, using, or otherwise interacting with the Website.
This Agreement constitutes the entire agreement among the parties relating to this subject matter and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written between the user and Aerin Medical with respect to the Website.
Aerin Medical may revise this Agreement at any time by updating this posting.
Last Modified: 4-Aug-2022