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TERMS OF USE

1) ACCEPTANCE OF TERMS OF USE

These Terms of Use and the Privacy Policy found below and incorporated herein by reference (together, the "Agreement") is by and between FzioMed, Inc., ("FzioMed") and you, an individual ("You" or "Your"), as a visitor to the website located at http://www.fziomed.com (the "Site"). This Agreement governs the terms and conditions of Your access to and usage of the Site. By visiting the Site, you agree to accept and be bound by the conditions and qualifications of this Agreement. If you do not agree to these Terms of Use or the Privacy Policy, you must not access or use the Site.

FzioMed reserves the right to modify this Agreement at any time. FzioMed may amend this Agreement from time to time at its sole discretion, and will do so by posting the new Agreement on the Site in place of the old. Each and every such amendment shall be effective immediately when posted. It is Your responsibility to frequently check the Site for updates of this Agreement. Your continued usage of the Site after the effective date of any such change constitutes Your acceptance of all such changes.

2) DISCLAIMER; LIMITATIONS OF LIABILITY

The content and materials provided on this website are for information purposes and general interest only. FzioMed makes no representations, warranties, or assurances as to the accuracy, currency or completeness of the information provided on the Site.

FzioMed, and its representatives, distributors or licensors are NOT providing material to you for the purpose of giving medical advice. Therefore, you cannot rely on the materials in this Site in deciding upon a treatment plan, device usage, or any other medical advice regarding any disease or medical condition. This website is not meant as a substitute for professional medical advice. Always consult a physician to discuss diagnosis of illness or physical problem, and to determine the right treatment options for you.

From time to time, FzioMed may post content on its website including opinions from scientists or doctors, press releases, or newspaper articles regarding its technology or FzioMed products. The information posted represents only the personal opinions of the respective authors of the information, and such opinions are not necessarily those of FzioMed. FzioMed accepts no responsibility for any information which You may receive from this Site.

FzioMed reserves the right to delete, modify or supplement the content of this Site at any time for any reason.

THE SITE AND MATERIALS CONTAINED HEREIN ARE PROVIDED TO YOU ON AN "AS IS" BASIS, AND WITHOUT ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. YOUR USAGE OF THE PRODUCTS AND MATERIALS CONTAINED ON THE SITE IS AT YOUR OWN RISK.

WITHOUT LIMITING THE FOREGOING, NEITHER FZIOMED NOR ANYONE ASSOCIATED WITH FZIOMED REPRESENTS OR WARRANTS THAT THE SITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

You understand that Fziomed cannot and does not guarantee or warrant that files available for downloading from the internet or the Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. FZIOMED WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

In no event shall FzioMed, its affiliates or licensors, Officers, Directors, Agents, Service Providers or Employees be liable for any damages of any kind, (including, without limitation compensatory, punitive, incidental or consequential damages) personal injury, wrongful death, lost profits or damages resulting from the use of, or inability to use, this Site, or any website linked to it, any content on the Site or such other websites, or any action taken based on the information provided on the Site, whether based on warranty, contract, tort or any other legal theory, and whether or not FzioMed or any other agent of FzioMed is advised of the possibility of such damage.

3) HYPERLINKED MATERIAL

You may gain access to third party websites via the Site. Moreover, third party websites may contain hyperlinks leading to the Site. FzioMed has no control over the content of third party websites or the services and products available from those third party websites or service providers. FzioMed does not review, control, approve nor is it responsible for any third party website. The existence of a link between the Site and any third party website in no way implies that FzioMed approves of the content of the third party website.

FzioMed shall not be liable for any direct, indirect, consequential, punitive or other damages or losses related to Your use of third party websites or services. You assume full responsibility when You use any services or products from a third party or follow any links that lead to third party websites, and You agree to defend, indemnify and hold FzioMed harmless from and against any claims, actions or demands, rising from or related to Your accessing or using any such third party websites, including, without limitation, reasonable legal and accounting fees.

4) GLOBAL REACH OF THE INTERNET

The products, devices and medical procedures described in this website are only available in particular countries of the world. The products and devices may be available under distinct trademarks in different countries and/or may be subject to different regulatory schemes depending on the country. Please check with a local distributor regarding the availability of the products, devices and medical procedures available in your country.

5) ACCEPTABLE USE

FzioMed strictly enforces compliance with its acceptable use terms under this section. You agree that your visits to the Site are in full compliance with the terms set forth below.

You agree that:

  1. You are a natural person age eighteen (18) or older who has authorization to enter into legally binding contracts;
  2. When reviewing the Site, You will not violate the laws, regulations, ordinances or other such requirements of any applicable governmental authority;
  3. You will not undertake any action which is harmful or potentially harmful to the FzioMed infrastructure or the data of any FzioMed customer (including transmitting worms, viruses or any code of a destructive nature);
  4. You will abide by all other applicable requirements and restrictions set forth in the Agreement or the Privacy Policy.

Failure to so comply, in FzioMed's sole discretion, may result in FzioMed immediately preventing you from gaining access to the Site, deleting any and all of your information contained on the FzioMed servers, and/or initiation of legal action against You.

6) INTELLECTUAL PROPERTY

The trademarks, website, corporate names, trade names, domain names, logos, and service marks ("Marks") are the property of FzioMed or other third parties. Nothing contained herein shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Mark displayed on this website without the prior written permission of FzioMed, or such third party that may own such Mark displayed on this website. Third party Marks are the property of their respective owners.

You acknowledge that content, including but not limited to the website design, text, graphics, sound, photographs, icons, video, graphics or other material contained on the Site, or presented to You through the Site, ("Content") are the property of FzioMed and FzioMed does not waive any of its proprietary rights to such information. The Content is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. You may not copy, reproduce, distribute any Content, or create derivative works from this Content without express written authorization of FzioMed.

7) COMMUNICATIONS

Communications sent to this website or otherwise sent to FzioMed are not confidential. FzioMed is under no obligation to refrain from reproducing, publishing or otherwise using the communications, including any ideas, inventions, concepts, techniques or know-how disclosed therein, for any purpose without compensation. Notwithstanding the foregoing, FzioMed will not divulge your personal information (such as your name, phone number or address) to third parties unless otherwise provided for in the Privacy Policy.

8) CHOICE OF LAW

The websites are operated by FzioMed from its offices in San Luis Obispo, California, United States of America. As such, the Agreement, and any dispute or claim arising there from or thereto, shall be governed by and construed in accordance with the internal laws of the State of California, excluding its conflict of law provisions. You and FzioMed agree to submit to the exclusive jurisdiction of the courts of the State of California and further agree that the exclusive venue for any cause of action arising under or relating to this Agreement shall be the Superior Court in and for San Luis Obispo, California, although Fziomed retains the right to bring any suit, action or proceeding against you for breach of this Agreement in your county of residence or any other relevant county. You and FzioMed agree that any cause of action or claim arising out of or related to the Agreement must commence within one (1) year after the cause of action or claim arose; otherwise, such cause of action or claim is permanently barred.

9) INDEMNITY

You agree to fully defend and indemnify and hold harmless FzioMed, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successor and assignors, of and from any and all third party claims, liabilities, causes of action, demands, judgments, awards, losses, costs, damages including both direct and consequential damages, specifically including attorneys fees and costs, expert fees and costs and mediation and/or arbitration fees and costs incurred (whether paid or not) as the result of any incident or claimed incident of any copyright, trademark or other intellectual property right of any third party, or arising out of any or relating to Your violation of this Agreement, which is in any way related to Your visit to the Site. Choice of counsel remains exclusively that of FzioMed.

10) MISCELLANEOUS

If any provision of the Agreement is determined by an arbitrator or court of competent jurisdiction to be contrary to applicable law, then such provision shall be construed as nearly as possible to conform to applicable law and the other provisions of this Agreement shall remain in full force and effect.

The Agreement (i) constitutes the entire agreement between You and FzioMed and supersedes all prior and contemporaneous understandings or agreements between the parties, both written and oral, regarding the subject matter contained herein, and (ii) may be modified or amended only in the manner expressly set forth herein.

FzioMed's failure to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by FzioMed in writing.

The section titles in the Agreement are solely used for the convenience of the parties and have no legal or contractual significance.

11) QUESTIONS

If you have any questions regarding our Terms of Use, please email us at info@fziomed.com or write to "Customer Service" at:

FzioMed, Inc.
231 Bonetti Drive
San Luis Obispo, California 93401 USA

PRIVACY POLICY

FzioMed recognizes the sensitive nature of your personal information. We have therefore prepared this privacy policy to explain how we gather, protect and utilize the information you provide us.

FzioMed reserves the right to modify this privacy policy from time to time without notice to you. You should therefore periodically review this privacy policy for any revisions in our practices.

NON-PERSONALLY IDENTIFIABLE INFORMATION

FzioMed may automatically collect non-personally identifiable data. Such information may include Internet Protocol ("IP") addresses, web browser types, length of users' visits, website pages viewed, length of time spent on particular website pages. No automatically collected information will be used to personally identify a specific user.

The information collected may be used for a number of business purposes, such as helping us administer the website, diagnosing problems with the website, tracking popular pages, reviewing usage trends or providing aggregated traffic statistics to third parties.

COOKIES

This website utilizes Cookies to monitor advertising and other similar information. "Cookies" are small files left on your computer's hard drive which allow us to recognize you when you return to our website. We may use Cookies to inform us when pages in our website are visited, and by how many individuals. We do not use Cookies to record information that will enable anyone to contact you.

Web browsers often contain a feature which will allow you to disable Cookies so that they cannot be left on your computer. Disabling Cookies, however, may prevent you from enjoying some of the functionality offered on our website.

FLASH COOKIES

Certain features of our Site may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from and on the Site. Flash cookies are not managed by the same browser settings as are used for browser cookies.

HOW PERSONAL INFORMATION MAY BE COLLECTED

Users may be invited to voluntarily supply personal information. Personal information is information collected through the website that can be used to specifically identify you. Such information may include your name, phone number and mailing address. Information may be collected via a registration form, a survey, or an e-mail form.

HOW PERSONAL INFORMATION MAY BE USED

We use your personal information for verification and contact purposes, research, and to improve the content of our website. For example, we may use your personal information to verify your authenticity, to update you on a new product, to ask for your participation in a survey, or to supply you information on a product for which you indicated interest.

We maintain offline security measures in our physical facilities to protect the privacy of your personal information. These databases may be accessed by third parties who are under contract to provide FzioMed services necessary to maintain our website or provide you with information or products. Access to your personal information by third parties is limited to the extent necessary to perform those services.

We may transfer your personal information in conjunction with a significant corporate occurrence, such as a merger, sale, or acquisition, in which customer information is one of the business assets transferred. We may also transfer your personal information if required to comply with a legal regulation, procedure or process.

Unless described herein, FzioMed will not otherwise sell, rent or publish your personal information unless you are first notified and expressly agree to it.

You have the right to request and receive an annual statement detailing your personal information that FzioMed has stored. Based on such statement, you have the right to have your personal information deleted or corrected.

A SPECIAL NOTE ABOUT CHILDREN

Our services are not directed towards minors nor do we encourage minors to use our services. Minors are not eligible to use our services and should not submit any personal information to us. If we learn that we have personal information on a minor under the age of 13, we will delete that information ourselves.

LINKS TO OTHER WEBSITES

This website may contain links to other websites. We provide the links for your convenience, but do not review, control, or monitor the privacy practices of websites operated by others. This privacy policy does not apply to any other websites. We therefore recommend that you review each website's privacy practices.

CONTACT US

If you have any questions regarding this privacy policy, please email us at info@fziomed.com or write to "Customer Service" at:

FzioMed, Inc.
231 Bonetti Drive
San Luis Obispo, California 93401 USA

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