TERMS OF SERVICE

 

This Site is owned by GestVision, Inc. (“referred to in this policy as “GestVision”, “we”, “us” or “our”).  We are a Delaware corporation located at 93 Shennecossett Road, Groton, Connecticut 06340.

 

THIS IS A BINDING AGREEMENT FOR USE OF OUR SITE

 

The GestVision website and related services (the “Site”) provides information on our research, products and services related to addressing the unmet medical needs in women’s health by bringing forth premium products based upon robust scientific discoveries.   Your use of the Site is subject to and governed by these Terms of Use (“Terms”).  Please read these Terms carefully.  You acknowledge and agree that by using the Site or services offered on the Site, you agree to be legally bound by these Terms.

 

IMPORTANT DISCLAIMER:  THE SITE IS INTENDED TO BE USED FOR GENERAL EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY. NO INFORMATION CONTAINED ON THE SITE IS TO BE CONSTRUED AS MEDICAL, LEGAL, INVESTMENT, FINANCIAL, OR OTHER ADVICE. THIS INFORMATION IS NOT INTENDED TO BE A SUBSTITUTE FOR SUCH ADVICE. YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION. ADDITIONALLY, WE DO NOT PROVIDE SPECIFIC OR INDIVIDUALIZED MEDICAL ADVICE OR MEDICAL OR HEALTH SERVICES.  WE WORK INDEPENDENTLY OF DOCTORS AND HEALTH CARE PROVIDERS, WHICH MEANS WE DO NOT DIRECTLY PROVIDE MEDICAL TREATMENT OR MEDICAL CARE. YOU ARE ADVISED TO CONSULT YOUR HEALTH CARE PROFESSIONALS FOR FULL INFORMATION ABOUT THE POTENTIAL ADVERSE REACTIONS FROM USE OF ANY MEDICAL TECHNOLOGIES DISCUSSED IN THIS SITE.

 

CHANGES TO THE TERMS

 

We may modify the Terms from time to time at our sole discretion. Please read the Terms and check back often. We will indicate in the “LAST UPDATED” line above when the Terms have changed.  If you do not agree to any change to the Terms then you must immediately stop using the Site.

 

You agree that any information that you provide through the Site is true, accurate, current, and complete in all respects.

 

CHANGES TO THE SITE

 

We may change, withdraw, or suspend access to the Site (in whole or in part and permanently or temporarily) with or without notice and with no liability to you.

 

CONTENT THAT YOU PROVIDE TO US

 

Any material that you upload to the Site or which you submit or send to us via any other medium (including all social media) will be considered non-confidential, non-proprietary.  You agree that we have the right to use, copy, distribute and disclose to third parties such material for any purpose, including disclosing any information that we deem necessary to comply with any applicable law, regulation, legal process or governmental request. No compensation will be paid to you with respect to our use of any material that you submit.

 

We will not be responsible or liable to you or any third party for the content or accuracy of any materials posted by you or any other user of the Site, or provided by any third party.  By posting, uploading, inputting, providing or submitting any information to us, you warrant and represent that you own or otherwise control all of the rights to such information including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the information.

 

We have the right to remove any material or posting you make on the Site at our sole discretion.

 

OUR INTELLECTUAL PROPERTY RIGHTS

 

All content (including but not limited to information about ongoing research or clinical studies, white papers and other scientific or medical research reports, logos, text, data compilations, graphics, icons, images, photographs, audio clips, sounds, music and software, and any combination of these) of the Site is either owned or licensed to us, and is protected by applicable copyright laws.  You have a non-exclusive license to access and use the Site for your personal, non-commercial use only and on the condition that your use is at all times in accordance with these Terms.   You may not download, copy, modify, distribute, transmit, display, perform or otherwise use or publish any of the content appearing on the Site other than to view such content for your personal use only via your browser or mobile device.

 

Without limiting the foregoing, all video content appearing on the Site bears copyright notice and is subject to copyright protection under U.S. and international laws.  Any access to or use of such video content in violation of these Terms, including any attempt to remove or obscure copyright and other proprietary notices or to circumvent or defeat copyright protection mechanisms in such video content is a violation of these Terms and of federal and international copyright law.  We enforce our proprietary rights in such content to the full extent of the law.

 

In addition, our GESTVISION™ trademark and other marks, logos, signifiers, designs, business names, branding, labeling, packaging and trade dress on the Site and our products are either owned or licensed by us and are protected by applicable trademark and service mark laws.

 

No other rights in our intellectual property in the Site, its content, our services or our business are granted, and we reserve all such rights.

 

USE RESTRICTIONS

 

You may access and make personal use of the Site but your use does not include any right to:

• use the Site in violation of these Terms or applicable law;

• use the Site in any way which may prejudice or damage our trademarks, brands or reputation;

• use or appropriate the Site or its contents for any commercial or business purposes;

• reproduce or redistribute the Site or any of its contents for any purpose; or

• take any action that may damage, interfere with or compromise the security of the Site, the Site’s content, other Site users, or the systems supporting the Site’s operations.

 

WARRANTY DISCLAIMERS

 

GestVision does not represent, warrant or promise that the Site or any information or services offered on the Site will be error-free or uninterrupted, or that any defects will be corrected, or that your use of the Site will provide specific results. Use of the Site and the information and services offered on the Site is at your sole risk. You assume full responsibility for all risks associated therewith. All data, content, products or services contained on or provided through this Site are provided "as is" and “as available,” without any warranties or conditions. GestVision reserves the right, in its sole discretion and without any obligation, to correct any error or omissions in any portion of the Site, with or without notice to you.

 

To the fullest extent permissible under applicable law GestVision hereby disclaims all representations and warranties, express or implied, statutory or otherwise.  These include, but are not limited to, warranties of merchantability, fitness for a particular purpose, title and non-infringement.  You understand that we cannot and do not guarantee or warrant that files available for downloading from the Internet or that the Site will be free from viruses, malware or other destructive code. We will not be liable for any loss or damage caused by any technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Site or on any website linked to it.

 

Without limiting the foregoing, GestVision makes no warranty as to the security, reliability, availability, accuracy, quality, timeliness, usefulness, adequacy, completeness or suitability of the Site and data retrieved from it. The Site was developed as a service by GestVision to provide information about our products and services. Information is believed to be accurate at the time it is created. However information may become outdated over time, may contain technical inaccuracies or typographical errors.  GestVision and its partners assume no responsibility for completeness, errors or omissions in the information, data, services or documents on the Site or which are referenced by or linked to the Site. 

 

The foregoing does not affect any warranties which cannot be excluded or limited under applicable law.

 

INDEMNIFICATION

 

You agree to be responsible to us for, and indemnify us and hold us harmless against, all costs, damages, expenses (including attorney fees), losses and liabilities incurred and/or suffered by us as a result of any claim in respect of your use of the Site or violation of these Terms.

 

LIMITS ON OUR LIABILITY

 

In no event shall GestVision be liable for any special, punitive, indirect, incidental or consequential damages, including but not limited to personal injury, wrongful death, loss of goodwill, loss of use, emotional distress, loss of profits, interruption of service or loss or corruption of data, whether in any action in warranty, contract, tort or any other theory of liability (including, but not limited to negligence or fundamental breach), or otherwise arising out of or in any way connected with the use of, reliance on, or the inability to use, the Site. We shall not be subject to liability for the truth, accuracy, reliability, timeliness or completeness of the content or any other data conveyed to you or for errors, mistakes or omissions therein or for any delays or interruptions of the data or data stream from whatever cause. GestVision has no duty to update this Site or the content hereof, and GestVision shall not be liable for any failure to update such information.  You agree that your use of the Site is at your own risk.

 

To the extent any of the above limitations of liability are restricted by applicable federal, state or local law, such limitations shall not apply to the extent of such restrictions.  UNDER NO CIRCUMSTANCES WILL GESTVISION, ITS OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS OR SUBCONTRACTORS BE LIABLE FOR DIRECT DAMAGES TO YOU FOR ANY CLAIMS (WHETHER IN BASED IN TORT, CONTRACT, OR OTHERWISE) ARISING OUT OF OR IN ANY WAY CONNECTED WITH THESE TERMS FOR ANY AMOUNT OTHER THAN A REFUND OF THE PRICE YOU PAID FOR A SERVICE OR PRODUCT PURCHASED THROUGH THE SITE.  IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. YOU AGREE THAT THESE LIMITATIONS SHALL APPLY EVEN IF THE LIMITED REMEDY SPECIFIED HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

 

THIRD PARTY WEBSITES AND SERVICES

 

The Site may include links to other websites or resources, including social media sites. We do not endorse these websites, have no control over the content of these websites and are not liable in any way for their content, products or services or for their collection and use of your data.  It is your responsibility to review the terms of service and privacy policy for all linked websites. You assume total responsibility and risk for your access and use of these websites, including your responsibility to evaluate the accuracy, completeness, and usefulness of all material provided through these websites.

 

ENTIRE AGREEMENT

 

These Terms constitute the entire agreement between you and GestVision and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written with respect to this Site.  Any rights not expressly granted herein are reserved. Each party confirms that it has not relied upon, and shall have no remedy in respect of any agreement, warranty, statement, representation or undertaking unless set out expressly in these Terms.

 

ASSIGNMENT

 

We reserve the right to transfer, assign, novate, or sub-contract all or any of our rights and obligations under these Terms provided that your rights under these Terms are not materially affected. You may not assign, sub-contract or otherwise transfer any of your rights or obligations under these Terms without our consent in writing.

 

OUR RELATIONSHIP

 

You acknowledge and agree that no joint venture, partnership, employment, fiduciary or agency relationship exists between us as a result of your use of the Site or purchase of our products.

 

NO WAIVER

 

If you breach the Terms and we take no action against you, we will still be entitled to use our rights and remedies in any other situation where you breach the Terms.

 

ARBITRATION

 

At our sole discretion, we may require you to submit any disputes arising from the use of these Terms, the Site, or the services to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying the law of Connecticut.  Any such binding arbitration shall take place in New Haven, Connecticut.

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GOVERNING LAW

 

The Terms are governed by the laws of the State of Connecticut, USA, without regard to that state’s choice of law principles. 

 

CONTACTING US

 

All feedback, comments, complaints, requests for technical support and other communications relating to the Services should be directed to info@gestvision.com.