Welcome to the Rhythmia Website. These Terms of Use will govern your access to and use of this Website. PLEASE READ THESE TERMS OF USE CAREFULLY, BECAUSE ACCESS TO OR USE OF THIS SITE CONSTITUTES ACCEPTANCE OF THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS OR USE THIS WEBSITE. These Terms of Use were last updated on March 8, 2006. Rhythmia Medical Inc. ("Rhythmia" or "The Company") reserves the right to change these Terms of Use at any time, and you should check these Terms on each visit to this Website. Access to or use of this Website constitutes acceptance of the most recent version of the Terms of Use.
1. Disclaimer
The Rhythmia Website is offered as a service to provide general information about the products and services of Rhythmia in the United States. If you live outside of the U.S. , some products and services described may not be available in your country. Rhythmia does not practice medicine or provide medical services or advice, and the information on this Website is not to be construed as medical, legal, investment or other advice. You should consult your healthcare professionals for medical advice and other advisors as appropriate.
2. Permission to Use the Rhythmia Website Content
All content on the Rhythmia Website is the property of Rhythmia or is licensed to Rhythmia, and is protected by United States and international patent and copyright laws. When you download or print content, all accompanying copyright, trademark and other proprietary notices should be retained. Title to the Website and its content remains with Rhythmia or its licensors, and all rights not expressly granted are reserved.
4. Limited Linking License for Other Websites
Commercial and other websites may include a link to Rhythmia's Website (www.Rhythmia.com), so long as the link complies with the following:
a. links to Rhythmia's homepage at www.Rhythmia.com and does not frame any Rhythmia Website content;
b. states that the link will lead to the Website of "Rhythmia Medical Inc.;" and
c. does not falsely represent or suggest any relationship between the linking Website or the linking sponsor's products or services and Rhythmia (including suggestions of affiliation or endorsement), unless such a relationship exists and the statement describing the relationship has been expressly permitted by Rhythmia.
Rhythmia reserves the right to revoke this license to use specific links at any time. If Rhythmia revokes this license, you agree to immediately remove all links to this Website.
5. Third Party Sites
This Website may contain links to other websites for your convenience, but Rhythmia does not monitor or control the content of other websites. By providing access to other websites, Rhythmia is not endorsing products or services offered by any other entity and is not recommending the purchase or sale of the stock issued by any company. Rhythmia disclaims all liability for the content of any website that may be linked to the Rhythmia Website via hyperlink, whether such hyperlink is provided by Rhythmia or by another entity. Your use of linked websites is subject to the terms of use of those websites.
6. Restrictions
You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Rhythmia Website, or any other customer of Rhythmia, or exploit the Rhythmia Website or its content in any way where the purpose is to reveal any personal identification or information, other than your own information. You agree not to use any device or routine to interfere or attempt to interfere with the proper working of, or any other person's use of, the Rhythmia Website. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Rhythmia Website or Rhythmia's systems or networks, or any connected systems or networks.
7. Disclaimer of Warranties
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE Rhythmia WEBSITE AND THE CONTENT MADE AVAILABLE ON IT ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Rhythmia MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE ACCURACY, COMPLETENESS, CURRENCY OR RELIABILITY OF CONTENT AVAILABLE THROUGH THIS WEBSITE, OR AS TO THE USE OF THIS WEBSITE BEING UNINTERRUPTED OR ERROR-FREE.Ê You are responsible for all risk for your access and use of this Website, including without limitation, for taking all precautions necessary to ensure that any content you may obtain from this Website is free from viruses and any other potentially destructive computer code.
8. Limitation of Liability
To the maximum extent permitted by applicable law, under no circumstances will Rhythmia, or any person or entity associated with Rhythmia, be liable for any losses, expenses or damages whatsoever, whether in contract, tort (including without limitation, negligence) or otherwise, including without limitation reasonable attorneys' fees ("Damages") from the use of, inability to use, or reliance on, or any error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communications line failure, theft, destruction or unauthorized access to, or alteration of, the Rhythmia Website or its content, including without limitation, any liability for Damages to your computer hardware, data, information or business and any liability for special or consequential Damages, even if Rhythmia or an Rhythmia authorized representative has been advised of the possibility of such Damages.
In no event will Rhythmia's total liability to you for Damages exceed the amount you paid, if any, for accessing the Rhythmia Website. If you live in a state that does not allow the limitation or exclusion of liability or damages, the above limitation or exclusion may not apply to you. All claims and representations presented in the Rhythmia Website are intended to be forward-looking and are qualified by important factors.
9. Your Comments and Suggestions
We appreciate comments and suggestions from visitors to the Rhythmia Website. However, any information you submit through this Website will be considered non-personal, non-confidential and non-proprietary (other than personal information as defined in RhythmiaÕs Privacy Policy). You hereby grant and will grant to Rhythmia an unrestricted, royalty-free, irrevocable right to use, reproduce, display, perform, create derivative works of, transmit and distribute your comments and suggestions in any medium and for any purpose.
10. General Terms
Rhythmia reserves the right to change these Terms of Use or the Website content and to discontinue Website availability at any time without notice. If any provision of these Terms of Use is determined to be invalid by any court having competent jurisdiction, the other provisions will remain in full force and effect. The laws of the State of New Hampshire and the federal laws of the United States will exclusively govern these Terms of Use. You agree that the only proper venue for any dispute will be the Superior Court of New Hampshire or the United States District Court for the District of New Hampshire, and you consent and submit to the personal jurisdiction of those courts for the purposes of litigating any such dispute. Sections 1, 3, 7, 8, 10 and 11 will survive any termination of these Terms of Use. You agree to hold Rhythmia and its licensors harmless from all losses, expenses and damages, including without limitation reasonable attorneys' fees, resulting from or relating to any information you provide or your violation of these Terms of Use or the Privacy Statement. These Terms of Use are the sole agreement between you and Rhythmia relating to the subject matter herein.
Digital Millennium Copyright Act Notice
Rhythmia respects the intellectual property of others. Rhythmia may, in appropriate circumstances and at its sole discretion, terminate the access of users who infringe the copyright or intellectual property rights of others.
If you believe that your work has been copied and is accessible at this Website in a way that constitutes copyright infringement, or that this Website contains links or other references to another online location that contains material or activity that infringes your copyright rights, you may notify us by providing our copyright agent the information required by the U.S. Online Copyright Infringement Liability Limitation Act of the U.S. Digital Millennium Copyright Act, 17 U.S.C. ¤512.
Our agent for notice of claims of copyright infringement on or regarding this Website can be reached as follows: info@Rhythmia.com
