Terms of Use
Please Review these Terms of Use Carefully
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These Terms of Use are a contract between you and Advanced Surgical Retractor Systems, Inc. (ASR Systems), and they describe the rules for visitors to the ASR Systems website. By using asrsystemsinc.com or any service accessible from this website (collectively referred to as the "Website"), you are agreeing to be bound by the following terms and conditions ("Terms of Use"). If you do not agree to these Terms of Use, do not visit or use the services of the Website. The terms and conditions outlined below solely pertain to asrsystemsinc.com (“Website”); the Terms of Use and Privacy Policies can be found on that website.
This Website is maintained by ASR Systems solely for the purpose of providing general information about ASR Systems, its business, products, and services. You acknowledge and agree that nothing in this Website constitutes medical or professional advice, instruction or recommendation of any sort. Access and use of this Website are at your own risk and is subject to all applicable laws, treaties, statutes, and regulations, as well as these Terms of Use. THIS WEBSITE IS NOT AVAILABLE TO PERSONS UNDER THE AGE OF 18 OR TO ANY USERS PREVIOUSLY SUSPENDED OR REMOVED FROM THE WEBSITE BY ASR Systems. By using the Website, you represent and warrant that you are at least 18 years of age, that you have not been previously suspended or removed from the Website by ASR Systems, and that you will not use the Website in any manner or for any purpose that is unlawful or otherwise prohibited by these Terms of Use.
If you have an Emergency Situation, Call 911. This website does not provide medical advice, and if you are in need of medical advice, call your physician or 911.
Use of the Website
Use of the Website may be available through a compatible Internet browser or mobile device and may require network connections and software. You agree that you are solely responsible for these
requirements, including any applicable changes, updates and fees as well as the terms of your agreement with your mobile device and telecommunications provider.
Your right to access and use the Website is personal to you and is not transferable by you to any other person or entity. You are only entitled to access and use the Website for lawful purposes. Accurate records enable ASR Systems to provide the Website to you. You must provide the, accurate, current and complete information about your accounts and you may not misrepresent your registration information. In order for the Website to function effectively, you must also keep your registration information up to date and accurate. If you do not do this, the accuracy and effectiveness of the Website to you will be affected.
You agree that ASR Systems may use your feedback, suggestions, or ideas in any way, including in future modifications of the Website, other products or services, advertising or marketing materials. You grant ASR Systems a perpetual, worldwide, fully transferable, sub-licensable, irrevocable, fully paid-up, royalty-free license to use the feedback you provide to ASR Systems in any way.
Use and Labeling
The devices, systems and services described on this Website are subject to the laws of the United States of America governing the use and sale of such devices, systems and services.
Nothing in this Website is intended to constitute a claim or indication for use of ASR Systems' devices.
We Do Not Provide Medical Advice
Under no circumstances should any information on this Website be directly used as either a diagnosis or medical advice. There is no express or implied physician-patient relationship between you and ASR Systems, its employees or consultants. Applicable law restricts the sale and use of the devices, systems and services described in this Website to the sale and use by or on the order of a licensed physician. Accordingly, ASR Systems strongly urges that you consult with your physician regarding any and all treatment and diagnostic options that may be available to you, including ASR Systems' devices. ASR Systems makes no warranties whatsoever, express or implied, regarding the accuracy, completeness, timeliness, or usefulness of any information contained or referenced on this Website. ASR Systems does not assume any risk whatsoever for the use of the Website or the information contained herein. In using the Website, you agree that neither ASR Systems nor any other party is or will be liable or otherwise responsible for any decision made or any action taken or any action not taken due to your use or reliance on any information presented on or obtained from this Website.
Ownership of Content
This Website is owned and operated by ASR Systems. The visual interfaces, graphics, design, compilation, information, computer code (including source code or object code), products, software, services, and all other elements of the Website (the "Materials") are protected by United States copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. Unless designated otherwise, all Materials contained on this Website are the property of ASR Systems or its subsidiaries or affiliated companies and/or third-party Licensors. All trademarks, logos and service marks displayed on the Website, whether registered or unregistered, are owned exclusively by ASR Systems, its affiliates and/or other third parties. ASR Systems hereby grants you a nontransferable, nonexclusive license to use the information and other Materials contained on the Website solely for your own personal non-commercial use and information. You may download and/or print a single copy of any of the Materials contained herein for your personal use; however, you shall not otherwise reproduce, display, publish, distribute, sell, license, modify, publicly perform, transmit, edit, adapt, create derivative works from, or incorporate the Materials into other documents, websites, or publications, or otherwise make unauthorized use of the Materials. ASR Systems reserves the right to modify, in whole or in part, or temporarily or permanently discontinue or remove any Materials from the Website, at any time without notice to you, and without liability to you. Nothing contained in these Terms of Use, nor your use of the Materials, shall be constituted as granting you any license or right in or to any trademark, logo, or service mark, except as expressly provided above. ASR Systems reserves all rights not expressly granted in this Terms of Use.
User Accounts
To post information to and otherwise use the Website, you must first register by creating a user account (“User Account”). You are responsible for safeguarding the password that you use to access your User Account, and it is recommended that you choose a strong password, i.e., a password of sufficient length and complexity such that third parties will not readily guess your password. You should take measures to maintain and preserve the confidentiality of the username and password associated with your User Account, and you must notify ASR Systems promptly of any unauthorized use or suspected breach of security of your User Account.
ASR Systems shall not be liable for any losses, to you or anyone else, that may result from any unauthorized use of your User Account or failure to maintain appropriate confidentiality measures. You agree not to disclose your password to any third party and to take sole responsibility for any activities or actions under your User Account, whether or not you have authorized such activities or actions. ASR Systems owns your User Account credentials and may revoke or change them at any time.
Collection, Use, and Disclosure of Information
You may provide to ASR Systems what is generally called "personally identifiable" information (such as your name, email address, and home/mobile phone number). For example, if you use the Website to contact ASR Systems, ASR will ask for your email address so that we can respond to you. As you navigate this Website, ASR may automatically record certain anonymous information using various technologies, such as cookies, tags or web beacons, and/or navigational data collection (log files, server logs, clickstream). Some or all Internet browsers may automatically transmit to this Website certain anonymous information, such as the URL of the Website the user came from, the user's Internet Protocol (IP) address, and the browser version being operated by the user's computer. Whatever is provided through the use of the Website, ASR has your permission to use.
This Website may use and combine such automatically collected information to provide better service to users of this Website, customize or improve the Website based on users' preferences, compile and analyze statistics and trends, administer and improve the Website or for other such purposes as ASR Systems may deem appropriate. ASR Systems will also use the information you provide on the Website when you contact ASR Systems to respond to your inquiry.
ASR Systems works with some authorized service providers to provide website hosting and maintenance as well as other services for us. To the extent it is necessary for these service providers to complete their contractual obligations to ASR Systems, these third parties may have access to or process your information. ASR Systems, however, generally limits their use of your information to the purpose for which it was shared. In the event that ASR Systems is acquired by or merged with a third-party entity, we may transfer or assign the information that we have collected as part of such a merger, acquisition, sale, or other change of control.
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Modification of These Terms of Use; Termination
ASR Systems reserves the right, at our discretion, to change, modify, add, or remove portions of this Terms of Use at any time. Please check this Terms of Use periodically for changes. Your continued use of the Website after the posting of changes constitutes your binding acceptance of such changes. ASR Systems reserves the right, in its sole discretion, for any or no reason, and without penalty, to terminate your access and use of the Website at any time with or without notice. You agree that ASR Systems will not be liable to you or any third party for any such termination.
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Your only remedy with respect to any dissatisfaction with (i) the Website, (ii) any term of this Terms of Use, (iii) any policy or practice of ASR Systems in operating the Website, or (iv) any content or information transmitted through the Website, is to terminate these your use of the Website. ASR has permission to use any info provided through any use of the Website whether or not you subsequently terminate your use of the Website.
Prohibited Conduct
As a condition to your use of the Website, you agree not to: use the Website for any purposes other than to access information offered by ASR Systems; rent, lease, loan, sell, resell, sublicense, distribute or otherwise transfer the licenses granted herein or any Materials; delete the copyright or other proprietary rights on the Website; use the Website for any illegal purpose; use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, program, algorithm or methodology to access, acquire, copy or monitor the Website or the Materials, without ASR Systems' express written consent, which may be withheld at ASR Systems' sole discretion; use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Website, other than the search engines and search agents available through the Website and other than generally available third-party web browsers; attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of the Website; remove, circumvent, disable, damage or otherwise interfere with security-related features of the Website or features that enforce limitations on the use of the Website; or Intentionally interfere with or damage operation of the Website or any user's utilization of them, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code.
Third-Party Sites, Products and Services; Links
The Website may include links or references to other external websites or services solely as a convenience to users ("Reference Sites"). Links on Reference Sites may lead to resources located on servers maintained by third parties over whom ASR Systems has no control. ASR Systems does not endorse any such Reference Sites, or the information, materials, products, or services contained on or accessible through Reference Sites. ACCESS AND USE OF REFERENCE SITES, INCLUDING THE INFORMATION, MATERIALS, PRODUCTS, AND SERVICES ON OR AVAILABLE THROUGH REFERENCE SITES IS SOLELY AT YOUR OWN RISK, AND ASR SYSTEMS MAKES NO WARRANTIES, EXPRESS, STATUTORY OR IMPLIED, WITH RESPECT TO THE REFERENCE SITES. You acknowledge and agree that ASR Systems shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any information, materials, products, or services contained on or accessible through Reference Sites.
Disclaimer of Warranties
ASR Systems does not warrant that the Website will be available or effective. Your access and use of the Website may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, power outages, Internet service interruptions, periodic updating, maintenance or repair of the Website or other actions that ASR Systems, in its sole discretion, may elect to take. ASR Systems does not warrant that the Website is accurate, complete, reliable, current, or effective. You should not rely on the availability, accuracy, or effectiveness of the Website in situations where such reliance could cause you to suffer harm or loss of any kind.
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THE WEBSITE AND MATERIALS ARE PROVIDED TO YOU ON AN "AS IS" BASIS. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, ASR SYSTEMS HEREBY DISCLAIMS ANY AND ALL WARRANTIES EXPRESSED, STATUTORY, OR IMPLIED WITH RESPECT TO THE WEBSITE AND THE MATERIALS, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, THIRD-PARTY RIGHTS, FITNESS FOR A PARTICULAR PURPOSE, OR THE ACCURACY, COMPLETENESS, TIMELINESS, USEFULNESS, OR AVAILABILITY OF ANY INFORMATION OR SERVICE CONTAINED OR REFERENCED ON THE WEBSITE.
Limitation of Liability and Damages
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ASR SYSTEMS, ITS AGENTS, LICENSORS, OR SERVICE PROVIDERS, OR ANY OTHER PARTY INVOLVED IN CREATING OR PRODUCING THE WEBSITE, BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR OTHER DAMAGES RESULTING FROM LOSS RELATED TO THE USE (OR NON-AVAILABILITY) OF THE WEBSITE OR ANY MATERIALS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER TORTUOUS ACTION, EVEN IF ASR SYSTEMS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHERMORE, ASR SYSTEMS SHALL NOT BE LIABLE FOR ANY DAMAGES TO YOUR PROPERTY OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF THE WEBSITE OR MATERIALS.
To the extent you allege or assert any damages associated with the Website or Materials which are not excluded by the foregoing, then ASR Systems' liability (and that of its agents, licensors, or service providers) for such damages shall not exceed one hundred dollars ($100.00 USD).
Indemnification
YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS ASR SYSTEMS, ITS AGENTS, LICENSORS, AND SERVICE PROVIDERS, AND THEIR RESPECTIVE PAST AND PRESENT OFFICERS, DIRECTORS, EMPLOYEES, AND REPRESENTATIVES, FROM AND AGAINST ANY AND ALL CLAIMS, ACTIONS, DEMANDS, LIABILITIES, COSTS, AND EXPENSES, INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS' FEES, RESULTING FROM YOUR BREACH OF ANY PROVISION OF THESE TERMS OF USE, INCLUDING ANY WARRANTY YOU PROVIDE HEREIN, OR OTHERWISE RESULTING IN ANYWAY FROM YOUR USE OF THE WEBSITE.
Special Considerations for International Use
The Website is hosted in the United States and is intended solely for users in the United States. If you choose to access the Website from other regions of the world with laws governing data collection and use that may differ from U.S. law, then please note that you are transferring your personally identifiable information from those regions to the United States, and by providing ASR Systems your personally identifiable information on the ASR Website you consent to such transfer and agree ASR may use such information without any restrictions.
Notice of Privacy Practices
Any data that you provide to ASR Systems using this Website is subject to the Notice of Privacy Practices ("Privacy Policy") that is posted on the Website and in effect at the time such data is provided. ASR Systems may update its Privacy Policy from time to time, so you should be sure to review the Privacy Policy posted on the Website prior to providing any information to ASR Systems using the Website. ASR Systems' Privacy Policy is herein incorporated by reference into these Terms of Use.
Miscellaneous
These Terms of Use constitute the entire agreement between you and ASR Systems regarding your use of the Website, superseding any prior Website Terms of Use agreements ore representations between you and ASR Systems These Terms of Use shall be governed by and construed in accordance with the laws of the State of Texas, without regard to conflicts of law principles. The failure of ASR Systems to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect.
How Can You Contact Us About the Terms of Use?
If you have any questions or concerns about the Terms of Use, we encourage you to contact us at:
ASR Systems, Inc.
Customer Service Phone: 210-478-1991