Agreement to Terms
By using the Site, you agree to be bound by these Terms. If you don’t agree to these Terms, do not use the Site.
CALL 911 FOR AN EMERGENCY
THIS SITE DOES NOT PROVIDE MEDICAL ADVICE. IF YOU THINK YOU ARE OR MAY BE HAVING A MEDICAL EMERGENCY, CALL YOUR DOCTOR OR 911 IMMEDIATELY.
No Medical Advice
Channel Medsystems provides content and information contained on the Site (“Content”) for informational purposes only. THE SITE AND CONTENT DO NOT CONTAIN OR CONSTITUTE, AND SHOULD NOT BE INTERPRETED AS, PROFESSIONAL OR MEDICAL ADVICE OR OPINION OF ANY KIND AND THE SITE AND CONTENT ARE NOT A SUBSTITUTE FOR PROFESSIONAL OR MEDICAL ADVICE OR OPINION OF ANY KIND. THE CONTENT MADE AVAILABLE ON OR THROUGH THE SITE SHOULD NOT BE RELIED UPON WHEN MAKING MEDICAL DECISIONS, OR TO DIAGNOSE OR TREAT A MEDICAL OR HEALTH CONDITION. FOR MEDICAL ADVICE, YOU SHOULD CONSULT A MEDICAL PROFESSIONAL. YOUR USE OF THE SITE OR ANY COMMUNICATION WITH CHANNEL MEDSYSTEMS DOES NOT CREATE A DOCTOR-PATIENT RELATIONSHIP BETWEEN YOU AND CHANNEL MEDSYSTEMS.
The health-related content you may find on the Site (“Health-related Content”) is broad in nature and in scope, describes only general principles of health care, and is neither specific instructions for individual patients nor appropriate or relevant to your personal situation. Health-related Content is not intended to be used to diagnose, treat, cure or prevent diseases or as a self-medication guide or as a substitute for consulting with your health professional or pharmacist.
Reliance on any information provided on the Site or by Channel Medsystems is solely at your own risk. The Content provided through our Site is not designed to replace the relationship that exists between you and your physician. Never disregard professional medical advice or delay in seeking it because of something you have read or seen on our Site.
Changes to Site and Terms
We may update the Terms from time to time in our sole discretion. If we do, we’ll let you know by posting the updated Terms on the Site and/or may also send other communications. If you continue to use the Site after we have posted updated Terms it means that you accept and agree to the changes. If you don’t agree to be bound by the changes, you may not use the Site anymore. Because our Site is evolving over time we may change or discontinue all or any part of the Site, at any time and without notice, at our sole discretion.
Channel Medsystems and its licensors exclusively own all right, title and interest in and to the Site, including all associated intellectual property rights. We retain all rights to the Content. You acknowledge that the Site, and the Content, is protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site of the Content. You may view, download, copy and print the Content on the Site solely for your own non-commercial, personal, and informational use. You may not modify, redistribute, or republish any information you obtain on the Site without Channel Medsystems’ prior written permission. All copyright, trademark, and other proprietary notices appearing on the Site or the Content must be retained on any copies you make. In addition, all trademarks and logos displayed on the Site are the property of Channel Medsystems or its business partners. You are not permitted to use these marks or logos without the prior written permission of Channel Medsystems.
Although Channel Medsystems is not obligated to monitor access to or use of the Site, Channel Medsystems has the right to do so for the purpose of operating the Site, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. Channel Medsystems has the right to investigate violations of these Terms or conduct that affects the Site. Channel Medsystems may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
The Site may include a special set of pages intended to be accessed only by physicians (“Physician Portal”) that allows physicians to learn more about our products, including information on training. As a condition to your access to the Physician Portal, we may require that you meet certain criteria and agree to comply with additional terms and conditions. If you want to use the Physician Portal part of the Site, you will have to register with us and create an account (“Account”). It is important that you provide us with accurate, complete and up to date information for your Account and you agree to update such information to keep it accurate, complete and up to date. If you do not provide us with accurate and complete information (or do not update the information to keep it accurate, complete and up to date), we may suspend or terminate your Account and access to the Physician Portal. You agree to keep your Account password confidential and to let us know immediately if there is any unauthorized use of your Account. You are responsible for all activities that occur under your Account, whether or not you know about them; so please safeguard your Account password and other related information.
Links to Third Party Websites or Resources
We may suspend or terminate your access to and use of the Site, including suspending, deactivating or canceling your Account, at our sole discretion for any reason or no reason, at any time, with or without notice to you, and without liability to you. Upon any termination, discontinuation or cancellation of your access to or use of the Site or Account, all provisions of these Terms which by their nature should survive will survive, including, without limitation, the sections entitled “Feedback”, “Warranty Disclaimers”, “Limitation of Liability”, “Indemnity” and “General Terms”.
Channel Medsystems assumes no responsibility for the accuracy or reliability of the Content or the Site. The content or information on the Site at times may become out of date or include omissions or other errors. Channel Medsystems may change the information provided on the Site at any time without notice.
THE SITE AND CONTENT IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, CHANNEL MEDSYSTEMS EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. Channel Medsystems makes no warranty that the Site or Content will meet your requirements or be available on an uninterrupted, secure, or error-free basis. Channel Medsystems makes no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any content or information on the Site, including Health-related Content.
Limitation of Liability
NEITHER CHANNEL MEDSYSTEMS NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, SUPPLIERS, AGENTS, SERVICE PROVIDERS OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SITE OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT CHANNEL MEDSYSTEMS OR ITS SERVICE PROVIDERS HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
IN NO EVENT WILL THE TOTAL LIABILITY OF CHANNEL MEDSYSTEMS AND ITS OFFICERS, DIRECTORS, EMPLOYEES, SUPPLIERS, AGENTS AND SERVICE PROVIDERS, ARISING OUT OF OR IN CONNECTION WITH THE SITE OR THESE TERMS OR FROM THE ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SITE EXCEED ONE HUNDRED U.S. DOLLARS ($100).
THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN CHANNEL MEDSYSTEMS AND YOU.
You will indemnify and hold Channel Medsystems and its officers, directors, employees and agents, harmless from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (a) your access to or use of the Site, or (b) your violation of these Terms.
Governing Law & Dispute Resolution
These Terms and any action related thereto will be governed by the laws of the State of California, without regard to its conflict of laws provisions. The parties expressly consent to personal and exclusive jurisdiction in the state and federal courts located in the Alameda County, California, and you and Channel Medsystems each waive any objection to jurisdiction and venue in such courts.
We welcome your submission of suggestions for improvements to our Site, products or therapies and your ideas, information, concepts, know-how, techniques, feedback, and comments (“Feedback”) so long as they are non-confidential and non-proprietary. Any communication or material you transmit to Channel Medsystems via the Site, other than personally identifiable information, will be treated by Channel Medsystems as non-confidential and non-proprietary. In the absence of a written agreement with Channel Medsystems to the contrary, you agree that you will not submit to Channel Medsystems any information or ideas that you consider to be confidential or proprietary.
You can submit Feedback by emailing us at firstname.lastname@example.org or by submitting it through the “Contact Us” portion of the Site. If you provide Feedback to us through the Site or via email at email@example.com, you hereby grant Channel Medsystems an unrestricted, worldwide, royalty-free, fully paid-up, sublicensable, transferable, perpetual and irrevocable license and rights to use, reproduce, display, perform, copy, modify, create derivative works, transmit, distribute or otherwise exploit the Feedback, in any media and/or in any way or form, for any purpose. You represent and warrant that you have all rights that are necessary to grant Channel Medsystems the license and rights in and to the Feedback under these Terms.
Entire Agreement. These Terms constitute the entire and exclusive understanding and agreement between Channel Medsystems and you regarding the Site and the Content, and these Terms supersede and replace all prior oral or written understandings or agreements between Channel Medsystems and you regarding the Site or the Content. If any provision of these Terms is held invalid or unenforceable by a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible, and the other provisions of these Terms will remain in full force and effect. Except where provided by applicable law in your jurisdiction, you may not assign or transfer these Terms, by operation of law or otherwise, without Channel Medsystems’ prior written consent. Any attempt by you to assign or transfer these Terms absent our consent or your statutory right, without such consent, will be null. Channel Medsystems may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Notices. Any notices or other communications provided by Channel Medsystems under these Terms will be given: (i) via email; or (ii) by posting to the Site. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted.
Waiver of Rights. Channel Medsystems’ failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Channel Medsystems. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
If you have any questions about these Terms or the Site, please contact Channel Medsystems at:
Channel Medsystems, Inc.
2919 Seventh Street
Berkeley, CA 94710