TERMS OF USE

PLEASE READ OUR TERMS OF USE CAREFULLY

These terms of use describe the rules for visitors to this website owned and operated by us (HeartStitch^®). HeartStitch^® is the name we use to refer to this business, and any other affiliates. When we use the words we or our, we mean HeartStitch, Inc. All visitors should review the term of use posted when browsing on our website.

These Terms of Use were last updated on Februrary 18, 2016. We my change these Term of Use at any time; please review the Terms of Use whenever visiting the web site. By using this web site, it means you accept the most recent version of the Terms of Use.

CALL 911 IN CASE OF EMERGENCY

THIS WEB SITE DOES NOT PROVIDE MEDICAL ADVICE. IN THE CASE OF A MEDICAL EMERGENCY, CONTACT YOUR DOCTOR, OR 911 IMMEDIATELY.

ABOUT THE INFORMATION ON THIS WEB SITE.

Much of the information on this web site relates to products and services offered by us (HeartStitch^®). The materials on this web site are for your general educational information only. Information you read on this web site cannot replace the relationship that you have with your health care professional. We (HeartStitch^®) does not provide medical services or advice on this web site that should be considered medical advice. You should always talk to your health care professional for diagnosis and treatment.

Health information changes quickly. Therefore, it is always best to confirm information with your health care professional.

Unless otherwise specifically indicated on this site, this web site contains information about products and therapies approved and cleared for use in the United States, and is intended for a United States audience. If you live outside of the U.S., you may see information on this web site about products or therapies that are not approved or marketed in your country.

COPYRIGHTS AND TRADEMARKS

The materials on this web site belong to and are licensed to us. The materials are protected by United States and foreign copyright laws. There are some important rules about copying these materials. You may mail, download, or print copies of the materials on this web site, but only for your personal, noncommercial use. When you e-mail, download, or print a copy of the materials on this web site, you must also include all copyright and other notices that are in the materials, including the copyright notice on the bottom of the page.

We also own the names that we use for our products and services on this web site. These names are protected by United States and foreign trademark laws. An ® following a name on our web site indicates that it is an unregistered trademark. All trademarks are the property of their respective owners.

If you use the materials of trademarks on this web site in a way that is not clearly allowed by these Terms of Use, you are violating your agreement with us and may be violating copyright, trademark, and other laws. In that case, we automatically revoke your permission to use this web site. Title to the materials remains with us or with the authors of the materials contained on this web site.

All rights not expressly granted are reserved.

LINKS TO THIS WEB SITE AND USE OF OUR MARKS

You are hereby granted a non-exclusive, limited, and revocable license to link to this web site. We reserve the right to revoke this license generally, including your right to use specific links, at any time. If we (HeartStitch^®) revokes your license, you agree to remove and disable any and all of your links to this web site immediately.

You agree to not present the link to this web site in such a way that is associated with advertising or appears to be an endorsement of any organization, product, or service. You agree that the link will not appear on a web site that a reasonable person may consider obscene, defamatory, harassing, grossly offensive, or malicious. Under no circumstances my you “frame” this web site or any of its content or copy portions of this web site to a server. You agree not to display or use our logo or trademarks in any manner without our prior written permission.

LINKS TO OTHER WEB SITES

This web site may contain links to web sites not operated by us (HeartStitch^®). We provide these links for your convenience, but we do not review, control, or monitor the materials on any other web sites. These web sites may contain information about uses of our (HeartStitch^®) products or therapies that have not been approved in the United States. We do not control or endorse this type of information. We are not responsible for the performance of those web sites or for your business dealings with them. Your use of other web sites is subject to the terms of use of those web sites, including the privacy policies of those web sites.

YOUR FEEDBACK, COMMENTS, AND IDEAS

While we are pleased to receive feedback, comments, and ideas from visitors to this web site, we want you to understand that any information that you submit through this web site will be considered non-personal, non-confidential, and non-proprietary (other than personal information, as that term is defined in our Privacy Statement). If you transmit any ideas, information, concepts, know-how or techniques or materials to us through this web site, you hereby grant us (HeartStitch^®) an unrestricted, royalty-free, irrevocable license to use, reproduce, display, perform, modify, transmit, and distribute them in any medium, and agree that we (HeartStitch^®) is free to use them for any purpose.

NO WARRANTIES. ALL CONTENT ON THIS WEB SITE IS PROVIDED TO YOU ON AN “AS IS”, “AS AVAILABLE” BASIS. HEARTSTITCH^® HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

HEARTSTITCH^® MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, CURRENCY, OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH THIS WEB SITE.

HEARTSTITCH^® MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THIS WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ARE RESPONSIBLE FOR TAKING ALL PRECAUTIONS NECESSARY TO ENSURE THAT ANY CONTENT YOU MAY OBTAIN FROM THIS WEB SITE IS FREE OF VIRUSES AND ANY OTHER POTENTIALLY DESTRUCTIVE COMPUTER CODE.

Some states do not allow limitations on implied warranties, so one or more of the above limitations may not apply to you.

LIMITATION OF LIABILITY

YOU AGREE THAT NEITHER HEARTSTITCH^® NOR ANY PERSON OR COMPANY ASSOCIATED WITH HEARTSTITCH^® SHALL BE LIABLE FOR ANY DAMAGE RESULTING FROM YOUR USE OR INABILITY TO USE THIS WEB SITE OR THE MATERIALS ON THIS WEB SITE. THIS PROTECTION COVERS CLAIMS BASED ON WARRANTY, CONTRACT, TORT, STRICT LIABILITY, AND ANY OTHER LEGAL THEORY. THIS PROTECTION COVERS HEARTSTITCH^®, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, ATTORNEYS AND SUPPLIERS MENTIONED ON THIS WEB SITE. THIS PROTECTION COVERS ALL LOSSES INCLUDING, WITHOUT LIMITATION, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, AND PUNITIVE DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION.

THE TOTAL LIABILITY OF HEARTSTITCH^®, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SUPPLIERS, FOR LOSSES OR DAMAGES SHALL BE LIMITED TO THE AMOUNT OF YOUR ACTUAL DAMAGES, NOT TO EXCEED US $100.00. THE LIMIT OF LIABILITY MAY NOT BE EFFECTIVE IN SOME STATES. IN NO EVENT SHALL HEARTSTITCH^®, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SUPPLIERS BE LIABLE TO YOU FOR ANY LOSSES OR DAMAGES OTHER THAN THE AMOUNT DESCRIBED ABOVE. ALL OTHER DAMAGES, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE, RESULTING FROM ANY USE OF THIS WEB SITE OR MATERIALS ARE EXCLUDED EVEN IF HEARTSTITCH^® HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OTHER RULES ABOUT THIS WEB SITE

In addition to the rules in these Terms of Use, and the Privacy Policy, you may be subject to additional terms that may apply when you access particular services or materials on certain areas in this web site, such as when you purchase services, or by following a link from this web site. Please read our Privacy Policy to learn how we protect and use information we gather through this web site.

Your obligations under this section and other sections will survive termination of these Terms of Use.

If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of these Terms of Use shall be deemed a further or continuing waiver of such terms or conditions for any other terms or conditions.

If you violate these Terms of Use or the Privacy Statement in a way that causes harm to others, you agree to hold us (HeartStitch^®) harmless against any liability for that harm.

By using this web site, you agree that the only proper jurisdiction and venue for any dispute with HeartStitch^®, or in any way relating to your use of this web site, is in the state and federal courts in the United States. You further agree and consent to the exercise of personal jurisdiction in these courts in connection with any dispute involving HeartStitch^® or its affiliates, employees, officers, directors, agents, or suppliers.

These Terms of Use are governed by the internal substantive laws of the State of California, without respect to its conflict of laws and principles, and the federal laws of the United States.

QUESTIONS, COMMENTS, AND NOTICES

HeartStitch^® may deliver notice to you by electronic mail, a general notice on this web site, or by written communication delivered by U.S Mail to your address on record with HeartStitch^®. You may deliver notice to​ HeartStitch^® by filling out our Contact Form.