Terms of Use

Welcome to the Salutaris Medical Devices, Inc. (SalutarisMD™) website. SalutarisMD provides materials on this website for for general informational purposes.  Please read these Terms of Use and our Privacy Policy before accessing or using this website.  By accessing or using this website, you agree that you fully understand and consent to thIS Terms of Use Agreement.  IF YOU DO NOT AGREE to be bound by these Terms of use, please discontinue access and use of this website.  We reserve the right to revise these Terms of Use at any time.  Your continued use of this website after we post revised Terms of Use, which will be reflected by the “updated date” at the bottom of this page, signifies your acceptance of the revised Terms of Use.  Therefore, it is important to check the Terms of Use each time you visit this website.  We may, in our sole discretion, terminate your access to the website or certain features at any time and without notice, including, without limitation, due to any violation by you of these Terms of Use.

The website contains information concerning SalutarisMD and its technologies under development for investigational use in Wet Age-related Macular Degeneration (Wet AMD).  SalutarisMD makes no representations or warranties and assumes no responsibility or liability as to the accuracy, completeness, reliability or usefulness of any information contained on this website.  Further, SalutarisMD expressly disclaims any obligation to update or correct information contained on this website and explicitly disclaims any duty to do so. SalutarisMD assumes no liability or responsibility for any errors or omissions in the content of the website.  SalutarisMD reserves the right to make additions, deletions or modifications to the information or materials on this website at any time and in any way without notice.

THE WEBSITE DOES NOT PROVIDE MEDICAL ADVICE
The information provided on the website is for informational purposes only and is not intended to provide medical advice and should not be relied upon as the basis for any health care decision. This information is not intended to replace informed medical advice from your qualified health care provider regarding any questions or concerns you may have about your health or about the potential benefits or adverse effects of any health care product, treatment or service.  Reliance on any information provided through the website is solely at your own risk.

PRIVACY
Please review our Privacy Policy, located here, which is incorporated by reference into these Terms of Use.

COPYRIGHT
All content included on this website, such as but not limited to text, graphics, logos, button icons, images, audio clips, email and text messages, is the property of SalutarisMD, its affiliates or content suppliers and protected by United States and international copyright laws.  The compilation of all content on this website is the exclusive property of SalutarisMD.  Copyright authorship of this collection is by SalutarisMD.

TRADEMARKS AND TRADE DRESS
SalutarisMD trademarks and trade dress are the sole and exclusive property of SalutarisMD or its affiliates, and may not be used by any party other than SalutarisMD for any reason or purpose whatsoever, unless expressly agreed to by SalutarisMD or its affiliates in a signed writing.

LICENSE AND SITE ACCESS
SalutarisMD grants you a limited license to access and make personal use of this website, but not to download (other than page caching) or modify it, or any portion of it, except with express written consent of SalutarisMD. You acknowledge that the limited license we grant to you does not convey or transfer any ownership in copyright, trademarks and trade dress, trade secret rights or other proprietary rights to you.

This website or any portion of this website may not be reproduced, duplicated, copied, sold, resold, transferred, published, publicly displayed, distributed, adapted, translated, visited or otherwise exploited for any commercial purpose without express written consent of SalutarisMD.  You also may not decompile, reverse engineer disassemble or otherwise attempt to derive source code from the website or obtain the intellectual property, trade secrets or other proprietary information embodied in the website.  You may not frame or utilize framing techniques to enclose any trademark, logo or other proprietary information (including images, text, page layout or form) of SalutarisMD, or its affiliates, without express written consent. You may not use any meta tags or any other “hidden text” utilizing SalutarisMD’s or its affiliates’ name or trademarks without express written consent.  You may not otherwise remove, obscure or alter any copyright, trademark or other proprietary notice embedded in, affixed to or accessed via the website.  You may not damage, disable, overburden, interfere with, disrupt or impair the website or servers connected to the website in any manner, including using the website in an automated manner.  Any unauthorized use terminates the permission or license granted herein. You may not use any SalutarisMD or affiliates’ logo or other proprietary graphic or trademark as part of a link without express written permission.

Limited Rights Regarding User-SUBMITTED Content
By submitting communications or content to any interactive part of this website, including by submitting communications directly to us through the website or through email, you agree that such communications are non-confidential for all purposes.  If you are a healthcare professional, you agree that you will not submit any information that would directly identify a patient or any information for which you do not have all necessary consents or authorization to disclose.  You shall not submit any communication or content that infringes or violates any right of any party, including communications that contain profanity, are defamatory, harassing, threatening, inflammatory, obscene, pornographic, invasive of privacy, illegal or otherwise encourages illegal activity, would violate the rights of others, give rise to liability or is intended as a sales pitch for other products or services.

We reserve the right to republish any material contributed by website visitors.  By submitting any correspondence to us, you expressly grant us a global nonexclusive license to publish, reproduce, sell, disclose, distribute or use such material for any purpose whatsoever.  You hereby further grant us the global nonexclusive right to use any ideas, concepts, know-how or techniques embodied in such materials for any purpose whatsoever, including, but not limited to, developing, manufacturing and promoting our products.  In addition, you hereby waive any and all moral rights you may have in any such materials.  Further, you hereby authorize us to edit and otherwise modify any such material prior to our use, publication, distribution, sale, reproduction or disclosure thereof.  You also agree that all such material will be deemed to be provided to us on a non-confidential and non-proprietary basis.  Material that is copyright protected may not be submitted without permission from the copyright owner, and you are solely responsible for the failure to obtain any such permission.  As further explained in our Privacy Policy, we will also comply with legal requests to disclose any personally identifiable information or other information collected over this website (including communications you send to us through the website) including to law enforcement agencies.  In addition, your information may otherwise be used or disclosed consistent with the Privacy Policy, which is available here.

Third Party Sites and Linking
We may provide links to certain other third-party websites merely as a convenience for users of this website.  These third-party websites are maintained on third-party servers and are not under the control of SalutarisMD.  We do not control the material on such third-party websites.  Access to such third-party websites is at the user’s own risk, and SalutarisMD is not responsible for their accuracy or reliability.  Inclusion of links to third-party websites does not constitute an endorsement, approval, or guarantee the accuracy of the contents of any linked websites.  We expressly disclaim any responsibility for the content of any third-party websites linked to this website.  We urge you to use discretion when you access any third-party websites linked to this website.

Indemnification
By accessing and/or using this website, you agree to indemnify, defend and hold SalutarisMD, our affiliates, and their respective officers, directors, employees, members, agents, representatives, business partners, information providers, licensors and licensees and their respective heirs and assigns (collectively, the “Indemnified Parties”) harmless from and against any and all liability and costs, including, without limitation, reasonable attorneys fees and expenses, incurred by the Indemnified Parties in connection with any claim arising out of, or breach by you of, these Terms of Use or from any other unauthorized use by you of this website.  You agree to cooperate as fully as reasonably required in the defense of any claim.  We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. You shall not enter into any settlement agreement that affects the rights of any of the Indemnified Parties or requires the taking of any action by any of them, without our prior written approval.

Disclaimer of Warranties and Liability
THE CONTENT ON THE SALUTARISMD™ WEBSITE IS PROVIDED “AS IS” “WITH ALL FAULTS” AND “AS AVAILABLE” AND SALUTARISMD MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, CREATED BY LAW, CONTRACT OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT.  SALUTARISMD MAKES NO REPRESENTATION OR WARRANTY THAT ACCESS TO THE WEBSITE WILL BE AVAILABLE ON A CONTINUOUS BASIS, WILL BE UNINTERRUPTED, OR THAT THE INFORMATION CONTAINED ON THE WEBSITE WILL BE TIMELY, COMPLETE OR ERROR FREE.

EACH PERSON ASSUMES FULL RESPONSIBILITY AND ALL RISKS ARISING FROM ACCESS AND USE OF THE SALUTARISMD WEBSITE.  IN NO EVENT SHALL SALUTARISMD OR ANY OF OUR AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, MEMBERS, AGENTS, REPRESENTATIVES, BUSINESS PARTNERS, INFORMATION PROVIDERS AND LICENSORS AND THEIR RESPECTIVE HEIRS AND ASSIGNS BE LIABLE FOR ANY DAMAGES OF ANY KIND OR NATURE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, SPECIAL (INCLUDING LOSS OF PROFIT), PUNITIVE OR OTHER DAMAGES ARISING FROM OR IN CONNECTION WITH THE EXISTENCE, ACCESS OR USE OF THE SALUTARISMD™ WEBSITE OR THE INABILITY TO USE OR LOSS OF DATA CONTAINED WITHIN THE WEBSITE, REGARDLESS OF WHETHER SALUTARISMD OR ANY OF THE OTHER ENTITIES OR PERSONS LISTED ABOVE HAS BEEN ADVISED AS TO THE POSSIBILITY OF SUCH DAMAGES.  IN STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, SALUTARISMD’S LIABILITY, AND THAT OF ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, BUSINESS PARTNERS, INFORMATION PROVIDERS AND LICENSORS AND THEIR RESPECTIVE HEIRS AND ASSIGNS IS LIMITED TO THE FULLEST EXTENT ALLOWED BY SUCH STATES’ LAWS.

We do not warrant that the functions or informational materials contained in or accessed through the website are free of computer viruses or other harmful components.  Although we make a good faith effort to update the content of our website periodically, we do not have a duty to update information contained in our website, and we will not be liable for any failure to update such information.

SalutarisMD assumes no responsibility or liability arising from content of the website nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger or inaccuracy contained in any information within the website or accessed through the website.

Miscellaneous
These Terms of Use constitute the entire agreement between you and SalutarisMD and govern your use of this website and any information or services offered on this website. This agreement supersedes any prior terms of use or other agreements between you and SalutarisMD concerning use of this website.

These Terms of Use are governed by and shall be construed in accordance with the laws of the State of Arizona without regard to its conflict of law provisions.  By accessing or using this website, you agree to submit to the personal and exclusive jurisdiction of the federal and state courts located within the State of Arizona for resolution of any disputes arising out of or relating to these Terms of Use or your use of this website.  You agree that, except as expressly provided in these Terms of Use (and other than SalutarisMD and its affiliates), there shall be no third-party beneficiaries of these Terms of Use.

The failure by us to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision, and no waiver shall be enforceable unless in writing and signed by the party against whom enforcement is sought.

If any portion of these Terms of Use is held to be unenforceable, the unenforceable portion will be construed in accordance with the relevant law to as nearly as possible reflect the original intentions of the parties and the remainder of the agreement will be enforced as written.

QUESTIONS
Questions regarding our Terms of Use, Privacy Policy, or other related material should be directed to Salutaris Medical Devices, Inc.  4330 N. Campbell Ave. Suite 250, Tucson AZ 85718.

UPDATED January 2012.