Terms and Conditions
Legal Note: Ra Medical Systems, Inc. provides this website (the “Web Site”) to inform and educate our customers. This Website provides information relating to various medical conditions and treatment procedures. This information should not take the place of medical advice from your physician. Please consult your physician or other medical professional regarding your specific condition and medical options. Ra Medical Systems, Inc. provides information about its products and services through this website. Information is believed to be accurate at the time it is created. However, like any printed material, information may become outdated over time. Information on the Website may contain technical inaccuracies or typographical errors. Information may be changed or updated without notice. Ra Medical Systems, Inc. will use reasonable efforts to include accurate and up-to-date information on the Website, but assumes no liability or responsibility for any errors or omissions in the content of this Website. This Website contains information that is forward-looking and involves risks and uncertainties, including, but not limited to, risks associated with the inherent uncertainty of research, product development and commercialization, patent and product liability risks associated with the medical laser industry, and the other risks and uncertainties. Actual results may differ from the forward-looking information. By using the Website, you accept, without limitation or qualification, the terms and conditions (“Terms and Conditions”) set forth below.
1. TERMS AND CONDITIONS
You may freely browse and download materials from the Website. Downloadable materials are provided for your personal, non-commercial use. You are prohibited, however, from distributing, modifying, transmitting, reusing, reposting or using any of these materials for public or commercial purposes without the express written permission of Ra Medical Systems, Inc. Elements of the website are protected by trademark, trade dress and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from the website may be copied, distributed, modified, transmitted, reused, reposted or used for any public or commercial purpose unless expressly permitted by Ra Medical Systems, Inc. All copyright and other propriety notices must be retained and shall not be altered in downloaded materials.
Content contained in this website is Copyright © 2010 Ra Medical Systems, Inc. All Rights Reserved. All copyrightable material on this site, whether explicitly marked or not, is protected by U.S. and international copyright laws and treaty provisions, including the compilation (meaning the collection, arrangement, and assembly) of content and the overall design of the website. The content on this website may not be distributed, modified, transmitted, reused, reposted, uploaded, published or used for public or commercial purposes without Ra Medical System’s express written permission. Permission is granted to download and print materials from this website for the sole purposes of viewing, reading and retaining for reference.
3. Images of people or places displayed on the Website are either the property of, or used with permission by, Ra Medical Systems, Inc. You are expressly prohibited from using these images unless specifically permitted by these Terms and Condition or by specific permission provided elsewhere on the Site. Unauthorized use of the images may violate copyright, trademark, privacy and/or publicity laws as well as communications regulations and statutes.
4. Your use of the Website is at your own risk. Neither Ra Medical Systems, Inc., nor any other party involved in creating producing or delivering the Website is liable for any direct, incidental, consequential, indirect or punitive damages arising out of your access to or use of the Website, including damages to or for viruses than may infect your computer equipment.
5. Any communication or material that you transmit to the Website by electronic mail or others, including any data, questions, comments, suggestion or the like is, and will be treated as, non-confidential and nonproprietary information. Ra Medical Systems, Inc., or any of its affiliates, may use such communication or material for any purpose whatsoever, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and further posting. Further, Ra Medical Systems, Inc. and its affiliates are free to use any ideas, concept, know-how or techniques contained in any communication or material you sent to the Website for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products.
6. Ra Medical Systems, Ra Medical, Pharos, Pharos PHOTOTHERAPY SYSTEM, Ra Medical Systems, Inc. and product names referenced herein are trademarks of Ra Medical Systems, Inc. and may be registered in certain jurisdictions. The Ra Medical Systems, Inc. trademarks may not be used in connection with any product or service that is not Ra Medical Systems, Inc.’s or in any manner that disparages or discredits Ra Medical Systems, Inc. Nothing contained in this Website should be construed as granting, by implication, estoppel or otherwise, any license or right to use Ra Medical Systems, Inc.’s trademarks in connection with any product, service, publication or website without the express written permission of Ra Medical Systems, Inc. Your misuse of the trademarks on this Website is strictly prohibited. You are advised that Ra Medical Systems, Inc. will aggressively enforce its intellectual property rights in the Website and its contents to the fullest extent of the law.
7. Ra Medical Systems, Inc. reserves the right to alter or delete material from the Website at any time for any reason without notification to anyone.
8. Ra Medical Systems, Inc. may, at any time, revise these Terms and Conditions by updating this posting. You are bound by any such revisions, and we recommend that you periodically visit this page to review the current Terms and Conditions.
9. Ra Medical Systems, Inc. has not reviewed all of the websites that may be linked to this Website and is not responsible for the content of any such sites. If you choose to go to sites linked to this Website, you do so at your own risk.
10. DISCLAIMER THE MATERIALS ON THE WEBSITE ARE PROVIDED “AS IS” AND RA MEDICAL SYSTEMS, INC. DISCLAIMS ALL EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTIES, AND CONDITIONS, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OR CONDITIONS OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, TO THE EXTENT THAT SUCH DISCLAIMERS ARE LEGALLY PERMISSIBLE. RA MEDICAL SYSTEMS, INC. MAKES NO REPRESENTATIONS, WARRANTIES, GUARANTIES, OR CONDITIONS AS TO THE SUITABILITY, ACCURACY OR COMPLETENESS OF THE MATERIALS CONTAINED ON THE WEBSITE. RA MEDICAL SYSTEMS, INC. DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVER(S) ( THAT MAKE THE WEBSITE AVAILABLE OR ANY ADVERTISED OR HYPERLINKED WEBSITES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SITE, SERVER(S) , OR ADVERTISED OR HYPERLINKED SITES WILL BE ACCESSIBLE AT ALL TIMES.
11. Equitable Remedies: You agree that because of the unique nature of the Website and its content, and the propriety rights of Ra Medical Systems, Inc., your breach of this agreement would irreparably harm Ra Medical Systems, Inc. and monetary damages would be inadequate compensation. You further agree that Ra Medical Systems, Inc. shall be entitled to, in addition to any other damages, preliminary and permanent injunctive relief to enforce these terms.
12. Applicable Law: This Website is created and controlled by Ra Medical Systems, Inc. in the State of California, USA. The laws of California will therefore govern these Terms, without reference to any principles of conflicts of laws. Ra Medical Systems, Inc. reserves the right to make changes to its Website and to these Terms at any time without notice. Any changes Ra Medical Systems, Inc. makes to its website or to these terms shall be effective when posted. By continuing to use the Website after such changes are posted, you agree to the changes.
13. Compliance with Applicable Laws and Export Control Laws: Use of this Website is governed by all applicable federal, state and local laws. All information available on this Website is subject to U.S. export control laws and may also be subject to the laws of the country in which you reside. Ra Medical Systems, Inc. makes no representation that the content of this Site is appropriate or available for use in other locations. If you use this Website from other location, you are responsible for compliance with applicable local laws including, but not limited to, the export and import regulations of other countries.
14. Regulatory Compliance: Ra Medical Systems, Inc. will adhere to current regulatory guidelines for promotional activities and will ensure that information posted on Ra Medical Systems, Inc.’s website will meet current accepted regulatory practices and standards, be they in form of regulations, formal or informal governmental communications, or direct advice from regulators. Until governmental guidelines regarding the use of promotional material on the internet have been adequately formulated, Ra Medical Systems, Inc. will continue to observe existing regulations and follow its established internal procedures for development, review, and clearance of external communications.