Medality Medical, LLC also known as Andrew Technologies, LLC (“Medality Medical,” or “We”) provides the materials on this website, www.medalitymedical.com (the “Website”), for general informational purposes. Please carefully read these Terms of Use, which apply to your access to and use of the Website. By accessing or using the Website (other than to read these Terms of Use for the first time), you agree to be bound by these Terms of Use. If you do not agree to be bound by these Terms of Use, please discontinue access and use of the 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, signifies your acceptance of the revised Terms of Use. Therefore, it is important to check the Terms of Use each time you visit the Website.
The Website Does Not Provide Medical Advice or Instructions on Product Use
The information presented on this Website is not intended to provide medical advice or to provide instructions on the use of our products, and should not be relied upon as the basis of 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 beneficial uses and possible adverse effects of any health-care product.
Limited Right of Use/Ownership of Contents
The content of this Website is protected by U.S. and international copyright, trademark and other applicable intellectual property laws and is owned or controlled by Medality Medical also known as Andrew Technologies or a party credited as the provider of specific content. You may not copy, modify, adapt, upload, download, post, transmit, republish, translate, exhibit, display, perform, distribute, participate in the transfer or sale of, create derivative works from, reverse engineer, decompile or dissemble or in any way exploit any of the content, including without limitation the HTML or other software instructional code, contained in, or forming part of, our Website, in whole or in part, without our prior written permission except for your own personal, non-commercial purposes or where otherwise indicated on the Website where found as permissible. Nothing contained in this Website shall be construed as granting a license or other rights under any patent, trademark, copyright or other intellectual property of Medality Medical also known as Andrew Technologies or any third party. Please be advised that Medality Medical also known as Andrew Technologies actively enforces its intellectual property rights to the fullest extent allowed by applicable laws. Medality Medical® and Tissue Liquefaction Technology® are trademarks of Medality Medical also known as Andrew Technologies. All other registered trademarks and trademarks are property of their respective owners.
The prohibitions discussed in the paragraph above, include, but are not limited to, a prohibition on scraping or using any “robot,” ”bot,” “spider,” “data mining,” “computer code” or any other automated device, program, tool, algorithm, process or methodology or manual process having similar processes or functionality, to access, acquire, copy, or monitor any portion of the Website or any data or content found on or accessed through the Website, without our prior permission.
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 Medality Medical also known as Andrew Technologies. Access to third party websites is at the user’s own risk and Medality Medical also known as Andrew Technologies is not responsible for the accuracy or reliability of any material on such third party websites. 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 our Website. We urge you to use discretion when you access any third party websites linked to our Website.
Privacy
We do not collect any personal information on this Website. If you choose to provide us with personal information by sending an e-mail to us, we may use that information to respond to your message. We will not share your information with any third party unless required by law.
Indemnification
By accessing and/or using the Website, you agree to indemnify, defend and hold Medality Medical also known as Andrew Technologies and its 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 attorney’s 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 THIS WEBSITE IS PROVIDED “AS IS” “WITH ALL FAULTS” AND “AS AVAILABLE” AND MEDALITY MEDICAL ALSO KNOWN AS ANDREW TECHNOLOGIES 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. MEDALITY MEDICAL ALSO KNOWN AS ANDREW TECHNOLOGIES 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 THIS WEBSITE. IN NO EVENT SHALL MEDALITY MEDICAL ALSO KNOWN AS ANDREW TECHNOLOGIES AND ITS 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 THIS WEBSITE OR THE INABILITY TO USE OR LOSS OF DATA CONTAINED WITHIN THE WEBSITE, REGARDLESS OF WHETHER MEDALITY MEDICAL ALSO KNOWN AS ANDREW TECHNOLOGIES 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, MEDALITY MEDICAL ALSO KNOWN AS ANDREW TECHNOLOGIES’ LIABILITY, AND THAT OF ITS 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 our Website are free of computer viruses or other harmful components. 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. We assume no responsibility or liability arising from content of this 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 Medality Medical also known as Andrew Technologies and govern your use of the Website and any information or services offered on the Website. This agreement supersedes any prior terms of use or other agreements between you and Medality Medical also known as Andrew Technologies 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 New York 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 New York for resolution of any disputes arising out of or relating to these Terms of Use or your use of the Website. You agree that, except as expressly provided in these Terms of Use, 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.