Terms and Conditions

“Terms and Conditions of Use” apply to the OBS Medical web site located at www.obsmedical.com, and all associated sites linked to www.obsmedical.com by OBS Medical Ltd, its subsidiaries and affiliates, including OBS Medical sites around the world (collectively, the “Site”). The Site is the property of OBS Medical Ltd. (“OBS”), with a principal place of business at Brook House, 174 Brook Drive, Milton Park, Abingdon, Oxon, OX14 4SD, UK, and its licensors. This agreement is between you and OBS and its subsidiaries and affiliates.

You acknowledge that you have read the terms and conditions of use and that you accept the terms thereof. You agree to read these terms and conditions of use carefully before using this company web site. By using the site, you agree to be bound by these terms of use and privacy policy and all disclaimers and terms and conditions that appear elsewhere on the site; if you do not agree, please do not use or otherwise access the site.

OBS reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use and Privacy Policy, at any time. It is your responsibility to check these Terms of Use and Privacy Policies at each use for changes. Your continued use of the Site following the posting of changes will be construed as implicit that you accept and agree to the changes. As long as you comply with these Terms of Use and Privacy Policies, OBS grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site. If you are dissatisfied with the Terms and Conditions of Use and Privacy Policy, the Site, or its content, you agree that your sole and exclusive remedy is to discontinue using the Site.

Use of the Site

OBS reserves the right to bar any such activity that uses automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. OBS reserves the right to bar any such activity.

You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any OBS server, or to any of the services offered on or through the Site, by hacking, password “mining” or any other illegitimate means.

You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site without express written consent by the directors of OBS. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of OBS, including any OBS account not owned by you, to its source or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.

You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or OBS systems or networks, or any systems or networks connected to the Site or to OBS.

You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site.

You may not disguise the origin of any message or transmittal you send to OBS on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.

You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of OBS or others.

Termination of Use

Unless agreed otherwise in separate contract with OBS, OBS may, in its sole discretion, terminate your account or your use of the OBS Site at anytime. OBS reserves the right to change, suspend, or discontinue all or any aspects of the Site at any time without prior notice.

Site Content

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Site is owned, controlled by or licensed to OBS, and is protected by trade, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.

Except as expressly provided in these Terms of Use, no part of the Site or its Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, web site or other medium for publication or distribution or for any commercial enterprise, without OBS’ express prior written consent.

You may use information on OBS products and services (such as data sheets and similar materials) made available by OBS for downloading from the Site, provided that you (1) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (2) make no modifications to any such information, and (3) not make any additional representations or warranties relating to such documents.

OBS does not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed or distributed through the Site. You acknowledge that any reliance upon any such opinion, advice, statement, memorandum, or information shall be at your sole risk. OBS reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the Site.

Security

You may not use anyone else’s ID, password or account at any time without the express permission and consent of the holder of that ID, password or account. OBS cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.

OBS may monitor your use of the Site and may freely use and disclose any information and materials received from you or collected through your use of the company web site for any lawful reason or purpose.

Privacy

OBS’ Privacy Policy applies to use of this Site, and its terms are made a part of these Term and Conditions of Use by this reference. To view the OBS Privacy Policy, click here. Additionally, by using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted. You acknowledge that by submitting communications to the Site, no confidential, fiduciary, contractually implied or other relationship is created between you and OBS other than pursuant to these Terms of Use.

Links to Other Sites and to the OBS Site

This Site may contain links to other independent third-party web sites (“Links”). These Links are provided solely as a convenience to our visitors. Such Links are not under OBS control, and OBS is not responsible for and does not endorse the content of such Links, including any information or materials contained on such Links. You will need to make your own independent judgment regarding your interaction with these Links.

Disclaimers

This site is run on an “as-is” and “as-available” basis. To the fullest extent permissible by law, OBS makes no representation or warranties of any kind whatsoever for the content on the site or the materials, information and functions made accessible by the software used on or accessed through the site, for any products or services or hypertext links to third parties or for any breach of security associated with the transmission of sensitive information through the site or any linked site. All information provided on the site is subject to change without notice. OBS cannot ensure that any files or other data you download from the site will be free of viruses or contamination or destructive features. OBS disclaims all warranties, express or implied, including any warranties of accuracy, non-infringement, merchantability and fitness for a particular purpose. OBS does not warrant that the functions contained in the site or any materials or content contained therein will be uninterrupted or error free, that defects will be corrected, or that the site or the server that makes it available is free of viruses or other harmful components. OBS shall not be liable for the use of the site, including, without limitation, the content and any errors contained therein. OBS disclaims any and all liability for the acts, omissions and conduct of any third parties in connection with or related to your use of the site and/or any OBS services. You assume total responsibility for your use of the site and any linked sites. Your sole remedy against OBS for dissatisfaction with the site or any content is to stop using the site or any such content.

The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.

OBS reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

Limitation of Liability

Except where prohibited by law, in no event will OBS be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if OBS has been advised of the possibility of such damages.

Indemnity

You agree to indemnify and hold OBS, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against OBS by any third party due to or arising out of or in connection with your use of the Site.

Violation of these Terms and Conditions of Use

Use You acknowledge and agree that OBS may preserve any transmittal or communication by you with OBS through the Site or any service offered on or through the Site, and may also disclose such data if required to do so by law or OBS determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms of, (3) respond to claims that any such data violates the rights of others or (4) protect the rights, property or personal safety of OBS, its employees, users of or visitors to the Site, and the public.

You agree that OBS may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Site. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to OBS, for which monetary damages would be inadequate, and you consent to OBS obtaining any injunctive or equitable relief that OBS deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies OBS may have at law or in equity.

You agree that OBS may, in its sole discretion and without prior notice, terminate your access to the Site, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Site or any service offered on or through the Site or (4) unexpected technical issues or problems.

Governing Law

You agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by the laws of the United Kingdom

Miscellaneous

You may not use or export or re-export any Content or any copy or adaptation of such Content, or any product or service offered on the Site, in violation of any applicable laws or regulations, including without limitation United Kingdom export laws and regulations.

Severability

If any provision of these terms shall be unlawful, void, of for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of the remaining terms.. These Terms of Use constitute the entire agreement between you and OBS with regard to your use of the Site, and any and all other written or oral agreements or understandings previously existing between you and OBS with respect to such use are hereby superseded and cancelled. OBS will not accept any counter-offers to these Terms of Use, and all such offers are hereby categorically rejected. OBS failure to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by OBS of any provision or any right it has to enforce these Terms of Use, nor shall any course of conduct between OBS and you or any other party be deemed to modify any provision of these Terms of Use. These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties.

Trademark Information

Throughout the site OBS trademarks are indicated by either a TM or ®. All such trademarked items are TM or ® OBS. Use of any OBS trademark for commercial purposes without the prior written consent of OBS may constitute trademark infringement and unfair competition.

Rights and Permissions

If you have any questions concerning the usage or licensing of OBS copyrighted materials, for example, photographs, video footage, advertisements or other materials, please submit your detailed request in writing.

Requests may be emailed to info@obsmedical.com, or sent in writing to OBS Medical Ltd, Brook House, 174 Brook Drive, Milton Park, Abingdon, Oxon, OX14 4SD.

Unsolicited Submissions

OBS and its employees do not accept or consider unsolicited ideas, including ideas for new advertising campaigns, new promotions, new or improved products or technologies, product enhancements, processes, materials, marketing plans or new product names. Please do not send any original creative artwork, suggestions or other works. The sole purpose of this policy is to avoid potential misunderstandings or disputes when OBS products or marketing might seem similar to ideas submitted to OBS. If, despite our request that you not send us your ideas, you still send them, then regardless of what your letter says, the following terms shall apply to your idea submission:

You agree that:
your ideas will automatically become the property of OBS, without compensation to you and OBS can use the ideas for any purpose and in any way, even give them to others.

Product Feedback

OBS does, however, welcome your feedback regarding many areas of OBS existing business. If you want to send us your feedback, and we hope you do, we simply email us at info@obsmedical.com. Please provide only specific feedback on OBS existing products

The information contained in this web site is subject to change without notice.

Copyright © 2015 OBS Medical Ltd. All rights reserved.