Fair Oaks (916) 844-7800 - Santa Cruz (831) 304-0700 - Fax (916) 436-9054

Terms of use

  

This website ("Web Site") is offered to you by Impakt Medical LCC, 9722 Fair Oaks Blvd. Suite B, Fair Oaks, CA 95628, U.S.A. ("Impakt, Impakt Medical").

The following Terms of Use govern your access and use of this Web Site. Also, specific terms and conditions may apply to specific content, data, materials, or information contained on or available through this Web Site (the "Content") and to specific content, data, materials, or information you may upload, submit and/or publish to the Web Site (“User Content”) or transactions concluded through this Web Site. Such specific terms may be in addition to these Terms of Use or, where and then only to the extent expressly specified, may supersede these Terms of Use.


 

1. Acceptance of Terms of Use


By accessing or using this Web Site you agree to be legally bound by the Terms of Use and all terms and conditions contained or referenced herein or any additional terms and conditions set forth on this Web Site. If you do NOT agree to all these terms, you should NOT access or use this Web Site. 



2. Modification of Terms 


These Terms of Use may be amended by Impakt Medical at any time. Such amended Terms of Use shall be effective upon posting. By continuing to access or use the Web Site after such posting, you will be deemed to have accepted such amendments. You are advised to regularly review any applicable terms and conditions. 

Impakt Medical reserves the right to discontinue or make changes or updates with respect to the Web Site or the Content of the Web Site at any time without notice. Impakt Medical reserves the right to restrict, refuse or terminate access of any person to the Web Site or any part thereof effective immediately without notice at any time and for any reason whatsoever at its sole discretion. 



3. Privacy Policy 


Personal information provided or collected through or in connection with this Web Site shall only be used in accordance with Impakt Medical's Privacy Policy and these Terms of Use are subject to the Privacy Policy as posted on this Web Site. 



4. Disclaimers 


DO NOT USE THIS WEBSITE FOR MEDICAL EMERGENCY SERVICES. IN AN EMERGENCY, CALL 911 OR YOUR LOCAL EMERGENCY NUMBER.

This website may contain general information relating to medical conditions, including their treatment or diagnosis.  Such information is provided for informational and educational purposes only and is not a substitute for medical advice of your doctor or other health care professional. Always seek the advice of your doctor or other health care provider with any questions you may have about any medical condition, diagnosis, treatment, or other medical question. Neither Impakt Medical nor its subsidiaries, affiliates, partners, licensors, brand licensees, or suppliers provide medical advice.  Never disregard professional medical advice or delay in seeking it because of something you have seen or read on this website.

ALL INFORMATION (INCLUDING, WITHOUT LIMITATION, TEXT, IMAGES, GRAPHICS, LINKS, AND OTHER MATERIALS) ON THE WEB SITE IS PROVIDED "AS IS" AND "AS AVAILABLE". IMPAKT MEDICAL AND ITS SUBSIDIARIES, AFFILIATES, PARTNERS, LICENSORS, BRAND LICENSEES AND SUPPLIERS HEREBY EXPRESSLY DISCLAIM TO EXTENT PERMITTED BY LAW ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, NON-INFRINGEMENT, OR AS TO THE OPERATION OF THIS WEB SITE, THE CONTENT OR USER CONTENT. Neither Impakt Medical nor its subsidiaries, affiliates, partners, licensors, brand licensees and suppliers warrants or makes any representations that (i) the Web Site will meet your requirements, (ii) the Web Site will be uninterrupted, timely, secure, or error free, or (iii) the results that may be obtained from the use of the Web Site (including any information and materials on this Web Site) will be correct, complete, accurate, reliable, or otherwise meet your requirements.

This is a public web site. You should have no expectation of confidentiality with respect to any User Content you may submit on this Web Site. 

Do not submit confidential information here.

Impakt Medical and its subsidiaries, affiliates, partners, licensors, brand licensees and suppliers shall have no liability for interruptions or omissions in Internet, network or hosting services and do not warrant that the Web Site or the services which make this Web Site available or electronic communications sent by Impakt Medical are free from viruses or any other harmful elements.

Any material downloaded or otherwise obtained using this Web Site is done at your own discretion and risk. To the extent permitted by applicable law, you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material. 



5. Registration 


Accessing certain areas of the Web Site and using certain functions or features of the Web Site may require you to register. This registration is free of charge.

When you register, you must choose a unique user name or "handle" and password, and you must provide a unique, valid, current and verifiable e-mail address. Duplicate user names and e-mail addresses are not allowed, so if the name or address you enter is already in use, you will be prompted to choose another one. We will send you a confirmation e-mail with your registered information. If delivery of such information fails for any reason, your access or use of areas, functions or features requiring such registration may be refused or terminated. You will promptly update your registration to keep it accurate and current. You are solely responsible for maintaining the confidentiality of your password. We reserve the right to change your username or delete your submitted content to the Web Site or refuse or cancel your registration if you choose a user name that, in our sole discretion, is obscene, indecent, abusive or otherwise improper. You are also solely responsible for restricting access to your computer(s). You agree to accept responsibility for all activities occurring under your account, user name, and/or password that are due to your conduct, inaction, or negligence. If you become aware of any suspicious or unauthorized conduct concerning your account, user name and/or password, you agree to contact us immediately by e-mail  Corporate@impaktmedical.com . We may, at our own discretion, bar registration from any specific e-mail service or ISP. 



6. Contributor 


By submitting any User Content to the Web Site, you agree that the material will be proper, constructive and relevant and will not contain any item that may be unlawful or otherwise unfit for publication, including but not limited to items that (1) may be defamatory or injurious to another person or entity, (2) may cause harm to any person or property or otherwise defame or harass any person or organization, (3) may violate any legal rights of any person (including right to privacy or publicity), (4) are pornographic, obscene, profane, vulgar, indecent, or threatening, (5) are culturally, ethnically, or otherwise objectionable, or (6) suggest or encourage any illegal activity.

You will use reasonable efforts to scan and remove any viruses or other contaminating or destructive features before submitting any material. You also shall not transmit chain letters, pyramid schemes, surveys and solicitations through the Web Site. You shall also not forge headers or manipulate identifies or other data in order to disguise the origin of any Content and/or User Content transmitted through our Web Site or to manipulate your presence on the Web Site. You shall not interfere with or disrupt our sites, servers or networks or take any action that imposes an unreasonably or disproportionately large load on our infrastructure.

You affirm, represent and warrant that the User Content submitted to the Web Site does not infringe any proprietary right of another, such as but not limited to copyright, trademark or patent, or any confidentiality obligation.

You acknowledge and agree that any of your ideas, submissions or discussions or any other User Content provided by you within the Web Site that is not the subject of intellectual property right protection may be used by any other contributor without compensation or attribution.

You hereby grant to Impakt Medical, its subsidiaries, affiliates, brand licensees and other partners a worldwide, irrevocable, royalty free, non-exclusive, sublicensable and transferable license to use, reproduce, prepare derivative works of, distribute, publicly perform, publicly display, transmit and publish User Content provided by you, on this Web Site or any other Impakt Medical web site or in other Impakt Medical marketing or public relations materials in any and all media.

You shall be solely responsible for your own User Content and the consequences of posting submitting and/or publishing it. Impakt Medical may, but is not obligated to, review and monitor, before and/or after submitting User Content. However, you acknowledge that it is impossible for us to monitor or review all User Content. Without limitation, Impakt Medical, its subsidiaries, affiliates, partners, licensors, brand licensees and suppliers will not and cannot be held responsible for the accuracy, completeness, quality or validity of User Content posted by third parties on the Web Site.

Impakt Medical does not endorse any User Content or any opinion, recommendation, or advice expressed therein, and Impakt Medical expressly disclaims any and all liability in connection with User Content to the fullest extent permitted by applicable law.

Impakt Medical has the sole right and ability to edit and/or remove messages or any other User Content which are objectionable, improper or otherwise in breach of these Terms of Use for any reason at any time without notice or consent and at its sole discretion. Any user who believes that submitted User Content is objectionable or improper is encouraged to contact Impakt Medical immediately by e-mail at  Corporate@impaktmedical.com . Upon receipt of such notification, we will make reasonable efforts to take such action as we deem necessary within a reasonable period of time. Since this is a manual process, you are advised that we may not be able to remove or edit particular User Content immediately. 



7. Limitation of Liability 


TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL IMPAKT MEDICAL OR ANY OF ITS SUBSIDIARIES, AFFILIATES, PARTNERS, LICENSORS, BRAND LICENSEES OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, PUNITIVE, SPECIAL OR INCIDENTAL OR OTHER DAMAGES RESULTING FROM, ARISING OUT OF OR IN CONNECTION WITH THE ACCESS, USE OF, OR INABILITY TO ACCESS OR USE THIS WEB SITE, THE CONTENT OR THE USER CONTENT, EVEN IF IMPAKT MEDICAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES EXCEPT TO THE EXTENT SUCH DAMAGES ARISE AS A RESULT OF FRAUD OR FRAUDULENT MISREPRESENTATION ON THE PART OF IMPAKT MEDICAL. 



8. Third Party Content/Software 


Impakt Medical is in no way responsible for the content of any site owned by a third party that may be linked to the Web Site via hyperlink, whether or not such hyperlink is provided by the Web Site or by a third party in accordance with the Terms of Use. Any link on our Web Site to another site is not an endorsement of such other site and no judgment or warranty is made with respect to the accuracy, timeliness, or suitability of the content of any site to which the Web Site may link, and we take no responsibility therefor.

Any software made available for downloading from or through this Web Site is licensed subject to the terms of any applicable license agreement. Except as set forth in the applicable license agreement, the software is made available for use by end users only and any further copying, reproduction or redistribution of the software is expressly prohibited. WARRANTIES, IF ANY, WITH RESPECT TO SUCH SOFTWARE SHALL ONLY APPLY AS EXPRESSLY SET FORTH IN THE APPLICABLE LICENSE AGREEMENT. IMPAKT MEDICAL HEREBY EXPRESSLY DISCLAIMS ALL FURTHER REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE OR NON-INFRINGEMENT WITH RESPECT TO THE SOFTWARE. 



9. Copyright and Trademarks 


Copyright and all other proprietary rights in Content provided by Impakt Medical, its affiliates, subsidiaries, brand licensees and/or other partners, the software to operate and publish the Web Site, the compilation of data on the Web Site, and the order, sequence and arrangement of this Web Site, all belong to Impakt Medical and / or its brand licensees, other partners or licensors. All rights in the Content not expressly granted herein are reserved. 



10. Proprietary Rights in the Web Site 


This Web Site is public by nature and any information submitted on it shall be deemed non-confidential. You acknowledge that any submitting of any inventions embodied in any User Content provided by you shall constitute a "publication" of such invention under applicable patent laws.

You acknowledge that any User Content submitted and/or discussed on the Web Site may be the subject of patents, copyrights, trademarks and other intellectual property rights of Impakt Medical, its subsidiaries, affiliates, brand licensees, other partners or third parties. If you consider exploiting any ideas, proposals, suggestions, or solutions or other User Content submitted to the Web Site, you are responsible to undertake appropriate intellectual property clearance before engaging in any exploitative conduct. 



11. U.S. Copyright Infringement Claims 


If you know or suspect that any of the materials on this Web Site (including but not limited to materials posted on the Forum) have been used or copied in a way that constitutes copyright infringement, please send notice to Impakt Medical ' designated agent identified below. According to the U.S. Digital Millennium Copyright Act, 17 U.S.C. Sec. 512(c)(3), your notice must comply with the following requirements:

  • A physical or electronic signature of the copyright owner or person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed
  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
  • Information reasonably sufficient to permit us to contact you, such as address, telephone number, and, if available, an electronic mail address at which you may be contacted;
  • A statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
  • A statement that the information in the notification is accurate and under penalty of perjury, that you are the copyright owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. 

The designated agent for notice of copyright infringement claims may be reached by mail: 


Impakt Medical, L.L.C.,

Corporate Legal Department

9722 Fair Oaks Blvd. Suite B, Fair Oaks, CA 95628


The preceding information is provided exclusively for notifying Impakt Medical that your copyrighted material may have been infringed. All other inquiries, such as product related questions and requests or concerns regarding improper postings and/content, will not receive a response through this process. 



12. Indemnification and Release 


To the extent permitted by applicable law, you agree to indemnify and hold harmless Impakt Medical, its subsidiaries, affiliates, brand licensees, other partners and suppliers and each of their respective officers, directors, employees, shareholders, legal representatives, agents, successors and assigns, from and against any damages, liabilities, costs and expenses (including reasonable attorneys' and professionals' fees and litigation costs) that arise out of the posting, content, or transmission of any message, data, material or any other User Content you submit on the Web Site or any violation of these Terms of Use by you. In the event of any complaint or legal action arising from any message, or any other User Content posted by you, Impakt Medical reserves the right to reveal your identity and any other information Impakt Medical may have about you.

If you have a dispute with one or more users, you release Impakt Medical, its subsidiaries, affiliates, partners and suppliers, and each of their respective officers, directors, employees, shareholders, legal representatives, agents, successors and assigns from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes to the fullest extent permitted by applicable law. 



13. Shut-Down of Site 


We have the sole right to shut down the Web Site or any part thereof for any reason at any time without notice or consent. We will have no responsibility or liability for failure to store or delete any Content and/or User Content submitted to the Web Site. 



14. Products for Sale 


The Web Site may contain references to specific products and services that may not be (readily) available in a particular area. Any such reference does not imply or warrant that any such products or services shall be available at any time in any particular area. Please contact your local Impakt Medical business contact for further information.



15. Dispute Resolution 


These Terms of Use shall be governed by and construed in accordance with the laws of the state of The California. You agree to the non-exclusive jurisdiction of the courts in California, California for any disputes, claim or cause of action arising out of, or relating to or in connection with these Terms of Use or your use of this Web Site, including any disputes relating to the existence or validity of these Terms of Use, provided that you agree to submit any such disputes, claims or causes of action exclusively to the courts of California, USA. 


16. Severability 


If any provision of these Terms of Use is held to be invalid or unenforceable, then the invalid or unenforceable provision will be replaced by a valid, enforceable provision that most closely matches the intent of the original provision and the remaining provisions shall be enforced.


 

Thank you for joining our Web Site.

Last update: December, 2018