Legal Notice and Privacy
Legal Notice
Your access to the Oxford BioSignals Medical (“OBS Medical”) website is subject to the following Terms and Conditions, which may be updated by us from time to time without notice to you. By accessing or using this Web site, you agree that you have read, understand, and agree to be bound to these Terms and Conditions, as they may be amended from time to time, as well as to the terms of our Privacy Policy, which is hereby incorporated into these Terms and Conditions. You are responsible for periodically reviewing these Terms and Conditions for applicable changes. Your use of this Web site after posting by us of any changes to these Terms and Conditions constitutes your acceptance to those changes. If you disagree with these Terms and Conditions (as they may be amended from time to time), or are dissatisfied with this Web site, your sole and exclusive remedy is to discontinue using this site.
DISCLAIMERS
You acknowledge and agree that:
a. Although we strive to provide on this Web site the latest developments relating to our products and services, and other information about our company, we do not warrant the accuracy, effectiveness and suitability of any information contained in this Web site. Each person assumes full responsibility and all risks arising from use of this Internet site. The information is presented "AS IS" and may include technical inaccuracies or typographical errors. OBS Medical reserves the right to make additions, deletions, or modifications to the information at any time without any prior notification.
b. OBS MEDICAL MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND OR NATURE WITH RESPECT TO THE INFORMATION OR CONTENT POSTED ON THIS WEB SITE. OBS MEDICAL HEREBY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, CREATED BY LAW, CONTRACT OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. IN NO EVENT SHALL OBS MEDICAL BE LIABLE FOR ANY DAMAGES OF ANY KIND OR NATURE, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL (INCLUDING LOSS OF PROFIT) CONSEQUENTIAL OR INCIDENTAL DAMAGES ARISING FROM OR IN CONNECTION WITH THE EXISTENCE OR USE OF THIS INTERNET SITE AND/OR THE INFORMATION OR CONTENT POSTED ON THIS WEB SITE, REGARDLESS OF WHETHER OBS MEDICAL HAS BEEN ADVISED AS TO THE POSSIBILITY OF SUCH DAMAGES.
c. OBS Medical is not responsible, and provides no warranty whatsoever, for the accuracy, effectiveness, timeliness and suitability of any information or content obtained from third parties, including any hyperlinks to or from third-party sites. Except as otherwise provided on this Web site, OBS Medical will not edit, censor or otherwise control any content provided by third parties on any bulletin board, chat room or other similar forums posted on its Web site. Such information should, therefore, be considered as suspect and is not endorsed by OBS Medical.
d. This Web site may contain forward-looking statements that reflect OBS Medical’s current expectation regarding future events and business development. The forward-looking statements involve risks and uncertainties. Actual developments or results could differ materially from those projected and depend on a number of factors including, but not limited to, the success of current research programs, results of pending or future clinical trials, ongoing commercialization of its products, regulatory approvals, validity and enforcement of its patents, the stability of its commercial relationships, and the general economic conditions. OBS Medical intends to update this site on a regular basis but assumes no obligation to update any of the content.
YOUR USE
You understand, acknowledge, and agree to the following:
a. By using this Web site, you agree not to disrupt or intercept our electronic information posted on this Web site or on any of our servers. You also agree not to attempt to circumvent any security features of our Web site, and to abide by all applicable, local, state, federal and international laws, rules and regulations.
b. You grant to OBS Medical the right to use all content you upload or otherwise transmit to this Web site, subject to these Terms and Conditions and OBS Medical’s Privacy Policy in any manner OBS Medical chooses, including, but not limited, to copying, displaying, performing or publishing it in any format whatsoever, modifying it, incorporating it into other material or making a derivative work based on it.
c. Except as expressly stated and agreed upon in advance by OBS Medical, no confidential relationship shall be established in the event that any user of this Internet site should make any oral, written or electronic communication to OBS Medical (such as feedback, questions, comments, suggestions, ideas, etc.). If any OBS Medical web site requires or requests that such information be provided, and that such information contains personal identifying information (e.g., name, address, phone number), OBS Medical shall obtain, use and maintain it in a manner consistent with our Privacy Policy. Otherwise, such communication and any information submitted therewith shall be considered non-confidential, and OBS Medical shall be free to reproduce, publish or otherwise use such information for any purposes whatsoever including, without limitation, the research, development, manufacture, use or sale of products incorporating such information. The sender of any information to OBS Medical is fully responsible for its content, including its truthfulness and accuracy and its non-infringement of any other person's proprietary or privacy rights.
PRODUCT LABELING
Unless otherwise noted, product names, descriptions and labeling are of U.S. origin. Products may not be available in all countries or may be available under a different brand name or for different indications. Except as expressly stated and agreed upon in advance by OBS Medical, no director, employee, agent, or representative of OBS Medical, its subsidiaries and affiliates are engaged in rendering medical advice, diagnosis, treatment or other medical services that in any way create a physician-patient relationship through this web site.
INTELLECTUAL PROPERTY
The information, documents, and related graphics published in this web site (the "Information") are the sole property of OBS Medical, except for information provided by third-party providers under contract to OBS Medical, its subsidiaries or affiliates. Permission to use the Information is granted, provided that (1) the above copyright notice appears on all copies; (2) use of the Information is for informational and non-commercial or personal use only; (3) the Information is not modified in any way; and (4) no graphics available from this Internet site are used separate from accompanying text. OBS Medical is not responsible for content provided by third-party providers, and you are prohibited from distribution of such material without permission of the owner of the copyright therein. Except as permitted above, no license or right, express or implied, is granted to any person under any patent, trademark or other proprietary right of OBS Medical.
No use of any OBS Medical trademark, trade names, trade dress and products in this Internet site may be made without the prior written authorization of OBS Medical, except to identify the product or services of the company.
PRIVACY AND SECURITY
OBS Medical is committed to safeguarding your privacy online. We understand the importance of privacy to our customers and visitors to our web site. Our use of personally identifiable information is governed by our Privacy Policy and by accessing and using our web site, you agree to be bound by that policy.
You recognize and agree that when submitting your personally identifiable information to OBS Medical, while OBS Medical has safeguards in place to prevent unauthorized access or interception, there is no absolute guarantee of security. IN THE UNLIKELY EVENT OF AN INTERCEPTION OR UNAUTHORIZED ACCESS DESPITE OUR EFFORTS, OBS MEDICAL SHALL NOT BE RESPONSIBLE FOR SUCH INTERCEPTIONS OR UNAUTHORIZED ACCESS, OR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS) SUFFERED BY A CUSTOMER OR USER, EVEN IF OBS MEDICAL HAS PREVIOUSLY BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OBS MEDICAL DOES NOT WARRANT, EITHER EXPRESSLY OR IMPLIEDLY, THAT THE INFORMATION PROVIDED BY ANY CUSTOMER SHALL BE FREE FROM INTERCEPTION OR UNAUTHORIZED ACCESS, AND DOES NOT PROVIDE ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
LIMITATION OF LIABILITY
OBS Medical does not assume any liability for the materials, information and opinions provided on, posted to, or otherwise available through, this web site. Reliance on these materials, information and opinions is solely at your own risk. OBS Medical disclaims any liability for injury or damages resulting from the use of this Web site, or the content contained thereon.
THIS OBS MEDICAL WEB SITE, THE SITE CONTENT, AND THE PRODUCTS AND SERVICES PROVIDED ON OR AVAILABLE THROUGH THIS WEB SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. IN NO EVENT SHALL OBS MEDICAL, OR ITS SUBSIDIARIES, AFFILIATES, VENDORS, OR THEIR RESPECTIVE DIRECTORS, EMPLOYEES OR AGENTS (HEREINAFTER “OBS MEDICAL PARTIES”) BE LIABLE FOR ANY DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THIS WEB SITE, THE SITE CONTENT, ANY SERVICES PROVIDED ON OR THROUGH THIS WEB SITE OR ANY LINKED SITE, INCLUDING ANY SPECIAL, INDIRECT, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, LOST PROFITS OR DAMAGES RESULTING FROM DELAY, INTERRUPTION IN SERVICE, VIRUSES, DELETION OF FILES OR ELECTRONIC COMMUNICATIONS, OR ERRORS, OMISSIONS OR OTHER INACCURACIES IN THIS WEB SITE OR THE SITE CONTENT, WHETHER OR NOT THERE IS NEGLIGENCE BY OBS MEDICAL AND WHETHER OR NOT OBS MEDICAL HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. Some states do not allow the limitation of liability, so this provision may not apply to you.
PLEASE BE AWARE THAT ADDITIONAL LEGAL NOTICES, DISCLAIMERS, AND OTHER TERMS AND CONDITIONS MAY APPLY TO THIS AND OTHER WEB SITES OWNED OR OPERATED BY OBS MEDICAL, ITS SUBSIDIARIES OR AFFILIATES.
GENERAL
You agree that these Terms and Conditions describes the entire agreement between us with respect to its subject matter. This web site was created and is operated under the laws of the State of Indiana. The laws of the State of Indiana will control the terms and conditions provided in these Terms and Conditions, without giving effect to any principles of conflict of laws. If a court of competent jurisdiction finds that any provision of these Terms and Conditions is invalid or unenforceable, you agree that the other provisions of these Terms and Conditions will remain in full force and effect. You agree that regardless of any applicable law to the contrary, you cannot file a claim or cause of action arising out of or related to this web site or these Terms and Conditions more than one (1) year after such claim or cause of action arose.
Privacy Policy
This Privacy Policy explains how we handle the personal information that you provide to us on web sites controlled by Oxford BioSignals Medical (including its subsidiaries and affiliates) (“OBS Medical”) which link to this Privacy Policy (referred to as "OBS Medical web sites"). Unless otherwise specifically noted this Privacy Policy does not apply to personal information collected from you offline, to OBS Medical web sites that do not link to this Privacy Policy, to residents of countries other than the United States, or to third-party web sites to which OBS Medical web sites may link. Your use of OBS Medical web sites which link to this Privacy Policy is subject to this Privacy Policy and the Terms of Use.
Please read this Privacy Policy before using OBS Medical web sites or submitting personal information to us.
"Personal information" means information that identifies you or could reasonably be used to identify you and which is submitted to and/or collected by OBS Medical web sites and maintained by OBS Medical in an accessible form. Examples of personal information include your name, your postal address and your telephone number.
OBS Medical collects information in two ways:
Personal Information You Submit: OBS Medical collects personal information that you enter into data fields on OBS Medical web sites. For example, you may submit your name, postal address, e-mail address, and/or other information in order to receive information about various subjects, register for OBS Medical programs, contact OBS Medical customer service, or respond to OBS Medical surveys. To protect your privacy, you should not provide OBS Medical with any information that is not specifically requested, such as your medical history.
Passive Collection of Unidentifiable Information: OBS Medical web sites may collect information about your visits to OBS Medical web sites without you actively submitting such information. Unidentifiable information may be collected using various technologies, such as cookies, Internet tags, and web beacons. Your Internet browser automatically transmits to OBS Medical web sites some of this unidentifiable information, such as the URL of the web site you just visited and the browser version your computer is operating. Passive information collection technologies can make your use of OBS Medical web sites easier by allowing OBS Medical to provide better service, customize sites based on consumer preferences, compile statistics, analyze trends, and otherwise administer and improve OBS Medical web sites. Certain features of OBS Medical web sites may not work without use of passive information collection technologies. Information collected by these technologies cannot be used to identity you without additional identifiable information.
OBS Medical will use the personal information you provide through OBS Medical web sites to respond to your questions and to provide you with efficient customer service. After you have entered personal information into a form or data field on an OBS Medical web site, OBS Medical may use certain identifying technologies to allow that web site to "remember" your personal preferences, such as sections of that web site that you visit frequently and, if you choose, your user ID. We may also use this personal information for other business purposes, such as to offer you the opportunity to receive notices regarding OBS Medical’s products or services, to invite you to participate in surveys about our products, or to notify you about special promotions.
OBS Medical may consolidate the personal information of customers who use OBS Medical web sites. We use this information to help us better design OBS Medical web sites and OBS Medical products, to communicate information to you, to enhance our marketing and research activities, and to facilitate other business functions.
You may always limit the amount and type of personal information that OBS Medical receives about you by choosing not to enter any personal information into forms or data fields on OBS Medical web sites. Some of our online services may only be provided to you if you provide us with appropriate personal information. Other parts of OBS Medical web sites may ask whether you wish to opt out or opt into our contact lists for offers, promotions and additional services that may be of interest to you.
You may also be provided with preference questions or preference boxes allowing you to indicate that you do not want OBS Medical web sites to use tracking technologies, such as cookies, to "remember" your personal information, such as user IDs or mailing addresses, on return visits. However, OBS Medical web sites that use tracking technologies to collect unidentifiable information do not generally provide you with the ability to opt out of the tracking technologies. Some Internet browsers allow you to limit or disable the use of tracking technologies that collect unidentifiable information.
Personal information can be accessed by OBS Medical employees, by certain companies with which OBS Medical may conduct joint programs, and by individuals and entities with whom OBS Medical contracts to carry out business activities for OBS Medical. We train our employees about the importance of privacy and how to handle and manage customer data appropriately and securely. In addition, OBS Medical’s practice is to require its contractors to keep your personal information confidential and to use personal information only to perform functions for OBS Medical.
As a general rule, OBS Medical does not share your personal information with third parties, unless it is necessary to conduct a joint program or to carry out a program or activity through a contractor. Where required by law, OBS Medical will not disclose your personal information to third parties for those third parties’ marketing purposes, unless you have been provided with an opportunity to opt into or opt out of this disclosure. However, if OBS Medical sells one of its product lines or divisions, your personal information may be transferred to the buyer so that the buyer can continue to provide you with information and services. If OBS Medical provides your personal information to individuals and entities which assist us with our business activities, it is OBS Medical’s practice to require those individuals and entities to keep your personal information confidential and to use your personal information only to perform functions for OBS Medical. OBS Medical reserves the right to disclose your personal information to respond to authorized information requests from government authorities, to address national security situations, or when otherwise required by law.
OBS Medical does not knowingly collect or use any personal information from children (we define "children" as minors younger than 13) on OBS Medical web sites. We do not knowingly allow children to order our products, communicate with us, or use any of our online services. If you are a parent and become aware that your child has provided us with information, please contact us using one of the methods specified below, and we will work with you to address this issue.
You may request to remove your personal information from our current customer records or to amend your personal information. Please notify us of your wishes by contacting us in one of the ways specified below. For our record keeping purposes, we will retain certain personal information you submit in conjunction with commercial transactions.
If you have questions about the use, amendment, or deletion of personal information that you have provided to us, or if you would like to opt out of future communications from an OBS Medical business or a particular OBS Medical program, please contact us by clicking on the "Contact Us" link on the web site you are visiting or by e-mailing us at info@obsmedical.com. Alternatively, you may send a letter to the following address:
Oxford BioSignals Medical
11495 N Pennsylvania St., Ste 250
Carmel, IN 46032
USA
In all communications to OBS Medical, please include the e-mail address used for registration (if applicable), the web site address on which you provided any personal information about which you have questions or concerns, and a detailed explanation of your request. If you would like to delete or amend your personal information and are contacting us by e-mail, please put "Deletion Request" or "Amendment Request", as applicable, in the subject line of the e-mail. We will do our best to respond to all reasonable requests in a timely manner.
OBS Medical reserves the right to amend this Privacy Policy without prior notice to reflect technological advancements, legal and regulatory changes and good business practices. If OBS Medical changes its privacy practices, a new Privacy Policy will reflect those changes and the effective date of the revised Privacy Policy will be set forth in this paragraph. This Privacy Policy was last updated on December 8, 2006 and is effective as of that date.
