Terms and Conditions Governing the Use of the RAMED.COM Website
Welcome to the RAMED.COM website (“Company Website”). Ra Medical Systems, Inc., a Delaware corporation (“Company”) created and maintains the Company Website to provide information to and communicate better with potential customers and investors, and others who may be interested in learning more about Company and the products and services it offers. You may use the Company Website, provided you comply with these terms and conditions.
Your Acceptance of These Terms and Conditions
PLEASE TAKE A FEW MINUTES TO CAREFULLY REVIEW THESE TERMS AND CONDITIONS. BY ACCESSING AND USING THE COMPANY WEBSITE YOU AGREE TO FOLLOW AND BE BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO FOLLOW AND BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS, USE OR DOWNLOAD MATERIALS FROM THE COMPANY WEBSITE.
These Terms and Conditions May Change
Company reserves the right to update or modify these terms and conditions at any time without prior notice. Your use of the Company Website following any such change constitutes your agreement to follow and be bound by the terms and conditions as changed. For this reason, we encourage you to review these terms and conditions every time you use the Company Website.
Forward Looking Statement Disclaimer
The Company Website may contain, from time to time, forward-looking statements involving risks and uncertainties, including expectations regarding future performance, operating results, business strategies, plans, intentions, financial goals, objectives of management and product development efforts. Words such as “anticipates,” “believes,” “estimates,” “expects,” “intends,” “plans,” “seeks” and similar expressions that may be used on the Company Website are intended to identify forward-looking statements that are subject to various known and unknown risks and uncertainties beyond the Company’s reasonable control. Such risks and uncertainties include, but are not limited to, those arising from research and development, clinical trials, regulatory approvals, third-party reimbursement, reliance on third-party manufacturers and suppliers, commercialization, competition, intellectual property, product liability and adequate financing. The Company’s actual results, plans and/or intentions may differ materially from those in the forward-looking statements. No representation is made as to the accuracy of such statements, assumptions, estimates, projections, and intentions. Furthermore, we are under no duty to update any of the forward-looking statements after the date such information is posted and specifically disclaim any obligation to do so. In addition, prospective investors should not rely on the information on the Company Website, but only such information delivered to the prospective investor to the extent set forth therein (i.e. investor prospectus or private placement memorandum). THE INFORMATION ON THE COMPANY WEBSITE IS NOT AN OFFER TO SELL OR SOLICITATION OF AN OFFER TO BUY ANY INTEREST IN THE COMPANY.
No Medical Advice
The Company Website is not intended to be used as medical advice, diagnosis, or treatment of any medical condition or health problem, and you should seek all such medical advice, diagnosis, or treatment from your physician. Your use of the Company Website does not create an express or implied physician-patient relationship between you and Company or its agents. Company makes no warranties whatsoever, express or implied, regarding the accuracy, completeness, timeliness, or usefulness of the Company Website. Company does not assume any risk whatsoever for your use of the Company Website or the results thereof. In using the Company Website, you agree that Company shall not be liable or otherwise responsible for any decision made or any action taken or any action not taken due to your use of the Company Website. Company does not assume any responsibility for any medical treatment of individuals using the Company Website. You assume the risk of the limitations inherent in the Company Website and understand that no warranty or guarantee is made concerning any particular result.
Copyright Notice and Limited License
Everything you see and hear on the Company Website (the “Content”), including, for example, all of the text, directories, photographs, illustrations, graphics, audio clips, video clips, and audio-video clips, is copyrighted under United States law and applicable international copyright laws and treaty provisions. The copyrights for the Content are owned by Company or by one of its affiliates, or by third parties who have licensed their materials to Company. The entire Content of this website is copyrighted as a collective work under United States law and applicable international copyright laws and treaties. Company owns the copyright in the selection, coordination, arrangement and enhancement of the Content. You may download, store, print, and copy selected portions of the Content of the Company Website, provided you:
- Only use the Content you download for your personal, noncommercial use or to further your business dealings with Company
- Do not publish or post any part of the Content on any other Internet site without obtaining the prior written consent of Company
- Do not publish or broadcast any part of the Content in or on any other media without obtaining the prior written consent of Company
- Do not modify or alter the Content in any way or delete or modify any copyright or trademark notices or notices of confidentiality
No right, title or interest in the downloaded Content is transferred to you when you download Content from the Company Website. Company reserves all intellectual property rights in any Content you download from the Company Website. Except as expressly stated above, you may not copy, download, print, publish, display, perform, distribute, transmit, transfer, translate, modify, add to, update, compile, abridge or in any other way transform or adapt all or any part of the Content without first obtaining written permission from Company.
Digital Millennium Copyright Act Compliance.
Company respects the intellectual property rights of others and does not permit copyright infringing activities on the Company Website. If you are a copyright owner or an agent thereof, and you believe that any content hosted on the Company Website infringes your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Designated Copyright Agent with the following information in writing (see 17 U.S.C. § 512(c)(3) for further detail):
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Company Website are covered by a single notification, a representative list of such works at the Company Website;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Company to locate the material;
- Information reasonably sufficient to permit Company to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
The Company Designated Copyright Agent to receive notifications of claimed infringement can be reached as follows: Dean Irwin, Ra Medical Systems, Inc., 2070 Las Palmas Drive, Carlsbad, California 92011, or by email at [email protected] For clarity, only DMCA notices should go to the Company Designated Copyright Agent. Any other feedback, comments, requests for technical support or other communications should be directed to Company customer service through [email protected] You acknowledge that if you fail to comply with all of these requirements, your DMCA notice may not be valid.
All of the trademarks, service marks and logos displayed on the Company Website (the “Trademark(s)”) are registered and unregistered trademarks of Company, one of its affiliates, or third parties who have licensed their Trademarks to Company or one of its affiliates. Except as expressly stated in these terms and conditions, you may not reproduce, display or otherwise use any Trademark without first obtaining written permission from Company.
Links to Other Company Websites
This site may contain hyperlinks to websites that are not operated directly by Company. These hyperlinks are provided for your reference and convenience only, and do not imply any endorsement of the material or services provided on these third-party websites or any association with their operators. Company does not review or control these websites and is not responsible for their content. Company expressly disclaims any responsibility for the content of any third party websites linked to the Company Website or the products or services of such third party. These third-party websites (and the websites to which they link) may contain information that is inaccurate, incomplete, or outdated. Company does not make any representations regarding the content or accuracy of materials on such non-Company websites or the products or services of any third party operating such websites. Your access and use of these websites (and the websites to which they link) is solely at your own risk.
Because different countries around the world have different laws and regulatory requirements, some devices are available in some countries and not in others. The Company Website contains references or cross references to Company products, programs and services that may not be available or announced in your country. These references do not imply that Company intends to announce such products, programs or services in your country. Consult your local Company sales representative or contact Company directly if you have questions about which products, programs and services may be available to you in your area.
Disclaimer of Warranties
THE COMPANY WEBSITE IS PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT POSSIBLE PURSUANT TO APPLICABLE LAW, COMPANY AND ITS AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESSED, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. WITHOUT LIMITING THE FOREGOING, COMPANY DOES NOT REPRESENT OR WARRANT THAT THE COMPANY WEBSITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION OR THAT ITS OPERATION WILL BE UNINTERRUPTED OR ERROR FREE. COMPANY DOES NOT REPRESENT OR WARRANT THAT THE CONTENT OF THIS SITE IS FREE OF VIRUSES, WORMS OR OTHER CODE THAT MAY MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES. IF YOUR USE OF THE COMPANY WEBSITE OR THE MATERIALS RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, COMPANY IS NOT RESPONSIBLE FOR THOSE COSTS. USERS ARE RESPONSIBLE FOR PROTECTING THEMSELVES BY INSTALLING, UPDATING AND RUNNING ANTI-VIRUS PROGRAMS. INFORMATION PUBLISHED ON THE COMPANY WEBSITE MAY BE INCOMPLETE OR OUTDATED AND MAY CONTAIN INACCURACIES OR TYPOGRAPHICAL ERRORS. COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, VALIDITY, ACCURACY, CURRENCY, RELIABILITY OR COMPLETENESS OF, OR THE RESULTS OF THE USE OF, OR OTHERWISE RESPECTING THE COMPANY WEBSITE OR ANY INFORMATION, MATERIALS, SERVICES, SOFTWARE, TEXT, GRAPHICS AND LINKS CONTAINED ON OR ACCESSED THROUGH THE COMPANY WEBSITE. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU. COMPANY MAKES NO CLAIMS THAT THE MATERIALS ARE APPROPRIATE OR MAY BE DOWNLOADED OUTSIDE OF THE UNITED STATES. ACCESS TO THE MATERIALS MAY NOT BE LEGAL BY CERTAIN PERSONS OR IN CERTAIN COUNTRIES. IF YOU ACCESS THE COMPANY WEBSITE FROM OUTSIDE OF THE UNITED STATES, YOU DO SO AT YOUR OWN RISK AND ARE RESPONSIBLE FOR COMPLIANCE WITHIN THE LAWS OF YOUR JURISDICTION.
Limitation of Liability
YOUR USE OF THE COMPANY WEBSITE IS AT YOUR SOLE RISK. UNDER NO CIRCUMSTANCES SHALL COMPANY, ITS AFFILIATES OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY DIRECT OR INDIRECT LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE COMPANY WEBSITE OR YOUR RELIANCE ON ANY INFORMATION PROVIDED ON THE COMPANY WEBSITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND WHATSOEVER, WHETHER DIRECT OR INDIRECT, GENERAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR OTHERWISE, INCLUDING WITHOUT LIMITATION TO, LOSS OF DATA, REVENUE OR PROFITS. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER BASIS AND EVEN IF AN AUTHORIZED REPRESENTATIVE OF COMPANY OR ITS AFFILIATES HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF COMPANY AND/OR ITS AFFILIATES UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED ($100.00) DOLLARS.
YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, FROM AND AGAINST ANY CLAIMS, ACTIONS OR DEMANDS, INCLUDING WITHOUT LIMITATION, REASONABLE LEGAL AND ACCOUNTING FEES, RESULTING FROM YOUR USE OF THE COMPANY WEBSITE OR YOUR BREACH OF THE TERMS OF THESE TERMS AND CONDITIONS. COMPANY SHALL PROVIDE NOTICE TO YOU PROMPTLY OF ANY SUCH CLAIM, SUIT OR PROCEEDING OF WHICH IT RECEIVES NOTICE AND SHALL ASSIST YOU, AT YOUR EXPENSE, IN DEFENDING ANY SUCH CLAIM, SUIT OR PROCEEDING.
If we offer member only access to one or more sections of the Company Website, you agree that we may terminate or suspend your use of the Company Website without prior notice. You also agree that we will not be liable to you or any third party for any termination of your access to the Company Website.
Governing Law and Jurisdiction
The Company Website is controlled and operated by Company from its offices within the State of California within the United States of America. Any claim relating to these Terms and Conditions and/or the use of the Company Website shall be governed by the laws of the State of California. By using the Company Website, you consent to personal jurisdiction in the federal and state courts of State of California for any action arising out of or relating to the Company Website, these Terms and Conditions or your use of the Company Website. The federal and state courts of State of California shall have exclusive jurisdiction over all such actions.
Severability And No Waiver
If any provision of these Terms and Conditions is held invalid or unenforceable by any court of competent jurisdiction, the other provisions of these Terms and Conditions shall remain in full force and effect. Any provision of these Terms and Conditions held invalid or unenforceable only in part or degree will remain in full force and effect to the extent not held invalid or unenforceable. No waiver of any term hereof shall be deemed a further or continuing waiver of such term or any other term.
These Terms and Conditions constitute the entire agreement between you and Company with respect to your access to and/or use of the Company Website and the Content and shall not be modified except by Company as provided herein or through a written document signed by both parties. Company may assign its rights and duties under these Terms and Conditions to any party at any time without notice to or approval by you.