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
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.
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.
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.
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
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.
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.
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.
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.
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.
The Terms are governed by the laws of the State of Connecticut, USA, without regard to that state’s choice of law principles.
All feedback, comments, complaints, requests for technical support and other communications relating to the Services should be directed to firstname.lastname@example.org.
PERSONAL DATA THAT WE COLLECT
We collect certain personal data from you in order to provide the information, products and services on this Site, such as when you contact us for information or assistance. The personal data that we collect includes your contact details including name and email. [Is any other information collected?]
Certain data is automatically collected from your web browser when you visit our Site, such as: Cookies, IP addresses, referrer headers, data identifying your web browser and version, and web beacons and tags.
For more information, please see below at “More About Cookies.”
HOW YOU CAN MANAGE THE PERSONAL DATA WE COLLECT
We may ask you for your consent for certain types of data collection, such as consent to use your location or send you notifications. Your web browser may provide additional tools to allow you to control when your browser collects or shares particular categories of personal data, such as cookies or location sharing. You should familiarize yourself with such tools.
The Site does not respond to “do not track” signals sent by web browsers.
HOW WE USE AND DISCLOSE YOUR PERSONAL DATA
We use your personal data to provide the information and services on the Site, including:
Operating our business;
Contacting you to respond to your requests or inquiries;
Providing you with newsletters, articles, alerts and announcements, event invitations, and other information that we believe may be of interest to you;
Providing you with marketing information, and other information that is tailored to your interests;
Conducting research, surveys, and similar inquiries to help us understand trends and customer needs;
Analyzing your interactions with us, and improving our products, services, programs, and other offerings;
Preventing, investigating, or providing notice of fraud, unlawful or criminal activity, or unauthorized access to or use of our Site or to meet legal obligations; and
We may share your personal data in order to run our business. We may disclose your personal data to third-party service providers to provide us with services such as website hosting, professional services, including information technology services and related infrastructure, customer service, e-mail delivery, auditing and other similar services. In addition, we may use or disclose your personal data as we deem necessary or appropriate: (1) under applicable law, including laws outside your country of residence; (2) to respond to requests from public and government authorities including public and government authorities outside your country of residence; (3) to comply with subpoenas and other legal processes; (4) to pursue available remedies or limit damages we may sustain; (5) to protect our operations or those of any of our affiliates; and (6) to protect the rights, privacy, safety or property of GestVision, our affiliates, you and others.
We care about the security of your information, and accordingly we use a variety of commercially reasonable technical, administrative, and organizational security measures to maintain the safety of your personal data. However, despite our reasonable efforts, no website or internet-connected service or device is completely secure or “hacker proof.” Please proceed with care when sharing your personal data anywhere on the Internet.
We keep your personal data while we need it to carry out the uses described in this policy, unless otherwise required by law. You may have the right to request: (i) access to your personal data; (ii) an electronic copy of your personal data (a right of ‘data portability’); (iii) correction of your personal data if it is incomplete or inaccurate; or (iii) deletion or restriction of your personal data where provided by applicable law. Where you have given your consent to us to process your personal data we have obtained you have the right to withdraw your consent at any time. If you have a request regarding your personal data that cannot be fulfilled from your account settings, please contact us at email@example.com.
MORE ABOUT COOKIES
GestVision collects information, which may include personal data, from your browser when you use our Site. We use a variety of methods, such as cookies and pixel tags to collect this information, which may include your (i) IP-address; (ii) unique cookie identifier, other cookie information; (iii) unique device identifier and device type; (iv) domain, browser type and language, (v) operating system and system settings; (vi) country and time zone; (vii) previously visited websites; (viii) information about your interaction with our Sites such as click behavior, purchases and indicated preferences; and (ix) access times and referring URLs.
Third parties may also collect information via our Site through cookies, plug-ins and other means. These third parties collect data directly from your web browser and the processing of this data is subject to their own privacy policies.
The Site is not intended for children under the age of 13, and we do not knowingly collect personal information online from children under the age of 13. If we discover that we have inadvertently collected such information, we will delete it.
USING OR LINKING TO THIRD-PARTY SITES
Our Site may contain links with other websites and online services, such as social media platforms. Please note that when you link to or otherwise connect with a third party service, your privacy will be governed the applicable third party service, not by this policy. We do not control and are not responsible for the privacy policies or other content or practices of any third party website or service. Please consult the privacy policies of such services.
CHANGES TO THIS POLICY
We may change this policy from time to time and when we do so, we will post a notice that this policy has been updated on the Site. If we make a material change in the personal data we collect or how we use or share it, we will provide you with prior notice and, when required by law, we will seek your consent before implementing the change in how we process your personal data. Please read our policy and any updated versions of the policy.
YOUR QUESTIONS AND FEEDBACK ABOUT THE SITE OR THIS POLICY
If you wish to provide feedback or if you have questions or concerns, or wish to exercise your rights related to your personal data, please contact us at: firstname.lastname@example.org.