Governing use of www.hearthugger.com
Please Read These Terms And Conditions Carefully Before Using This Website. General Cardiac Technology Inc. (“GCT”) created and maintains this website to provide information to and communicate better with physicians, patients, investors, customers, and others who may be interested in purchasing GCT products or in learning more about GCT and the products it offers. By accessing and using this website you agree to follow and be bound by these Terms and Conditions.
GCT reserves the right to add, delete, modify or update these Terms and Conditions or the contents of this website at any time without notice. Your use of this website following any such change constitutes your agreement to follow and be bound by the Terms and Conditions as changed.
Copyright Notice and Limited License
Everything you see and hear on this website (the “Content”), including, for example, all of the text, directories, photographs, illustrations, graphics, audio clips, video clips, and audio-video clips, is owned by GCT or by third parties and copyrighted under United States law and applicable international copyright laws and treaty provisions. The entire Content of this site is copyrighted as a collective work under United States law and applicable international copyright laws and treaties. GCT owns the copyright in the selection, coordination, arrangement and enhancement of the Content. You may download, store, print, and copy selected portions of the Content of this site, provided you: (1) only use the Content you download for your personal, noncommercial use or to further your business dealings with GCT; (2) do not publish or post any part of the Content on any other Internet site without obtaining prior written consent of GCT; (3) do not publish or broadcast any part of the Content in or on any other media without obtaining the prior written consent of GCT; and (4) do not modify or alter the Content in any way or delete or modify any copyright or trademark notices or notices of confidentiality. No right, title or interest in the downloaded Content is transferred to you when you download Content from this site. GCT reserves all intellectual property rights in any Content you download from this site. Except as expressly stated herein, you may not copy, download, print, publish, display, perform, distribute, transmit, transfer, translate, modify, add to, update, compile, abridge or in any other way transform or adapt all or any part of the Content of this site without first obtaining written permission from GCT.
All of the trademarks, service marks and logos displayed on this website (the “Trademarks”) are registered and unregistered trademarks of GCT or third parties who have licensed their Trademarks to GCT. Except as expressly stated in these Terms and Conditions, you may not reproduce, display or otherwise use any Trademark without first obtaining GCT’s written permission.
Unsolicited Ideas and Transmitted Materials
Any information and materials, including ideas, comments, questions, designs, and the like, that you submit, transmit, or post to GCT or this website are deemed non-confidential and non-proprietary. GCT has no obligations including, without limitation, confidentiality obligations with respect thereto. For this reason, we ask that you not send us any information or materials that you do not wish to assign to us, including any confidential information or any original creative materials such as product ideas, computer code, or original artwork. By submitting information or materials to GCT through this website, you assign to GCT, free of charge, all worldwide rights, title and interest in all copyrights and other intellectual property rights in the information or materials you submit. GCT will be entitled to use any information or materials you submit through this website for any purpose whatsoever, without restriction and without compensating you in any way.
Links to Other Websites
This site may contain hyperlinks to websites that are not operated or maintained by GCT. These hyperlinks are provided for your reference and convenience only. Any reference to a linked website or to a specific third party’s product or service on GCT’s website or on a linked site is not a recommendation or endorsement by GCT of the material, products, or services on these third party websites, nor does it imply any association with their operators. GCT does not control these third party websites and is not responsible for their content. These third party websites (and the websites to which they link) may contain information about uses of products that have not been approved or cleared by the Food and Drug Administration. GCT does not endorse any “off-label” uses. These third party websites (and the websites to which they link) may contain information that is inaccurate, incomplete, or outdated. You access and use these websites (and the websites to which they link) solely at your own risk. GCT disclaims any and all liabilities for access to and use of linked sites.
Because different countries around the world have different laws and regulatory requirements, some medical devices and treatments are available in some countries and not in others. The GCA products referred to on this website may not be available for sale or announced in all countries, pending regulatory clearance. No representation is made by GCT as to the availability of a particular product in a particular country. The product references contained herein do not imply that GCT intends to sell or announce such products in your country. Consult your local GCT sales representative or contact GCT for the availability of a particular product in your country.
Not a Substitute for Medical Advice
Always seek the advice of your physician or other qualified health care provider regarding any medical condition or treatment. The information provided on this website is not intended nor recommended as a substitute for professional medical advice. Nothing contained on this site is intended to be for medical diagnosis or treatment. Refer to Instructions for Use for a complete listing of indications and usage, contraindications, warnings and precautions regarding GCT products. If you have or suspect you have a medical problem, contact your professional healthcare provider.
Disclaimer of Warranties
The contents of this website are provided on an “AS IS,” and “AS AVAILABLE” basis, without warranties of any kind. To the fullest extent possible pursuant to applicable law, GCT disclaims all warranties, express or implied or statutory, including but not limited to any implied warranties of merchantability, fitness for a particular purpose, title, or non-infringement. Without limiting the foregoing, GCT does not represent or warrant that this website will be available at any particular time or location or that its operation will be uninterrupted or error free. Information published on this website may be incomplete or outdated and may contain inaccuracies or typographical errors. GCT will use reasonable efforts to place accurate and up-to-date information on this website, but makes no warranty or representation of its accuracy, completeness, reliability and/or timeliness. GCT does not represent or warrant that the content of this website is free of viruses, worms or other code that may manifest contaminating or destructive properties. Users are responsible for protecting themselves by installing, updating and running anti-virus programs.
Limitation of Liability
Your use of this website is at your sole risk. Under no circumstances shall GCT or any of its directors, officers, employees, agents or representatives be liable for any losses or damages arising out of or in connection with your use of, or inability to use, this website, or your reliance on any information provided on this website. This is a comprehensive limitation of liability that applies to all losses and damages of any kind whatsoever, whether direct, indirect, incidental, consequential, punitive or other, including but not limited to economic losses, lost profits, lost revenues, or lost data. This limitation of liability applies whether the alleged liability is based on contract, negligence, tort, strict liability or any other basis, and even if GCT has been advised or should have known of the possibility of such damages.
Applicability of Disclaimer and Limitation; Severability
Some jurisdictions may not permit the disclaimer or certain warranties or the limitation of liability to the full extent set forth above. Therefore, some or all of these disclaimers and/or limitations of liability may not apply to you. If any provision of the Disclaimer of Warranties or Limitation of Liability sections, or any other provisions of these Terms and Conditions of Use, shall be held by a court of competent jurisdiction to be invalid or unenforceable for any reason, then the remaining provisions shall remain in full force and effect as if the offending provision never existed.
Governing Law and Jurisdiction
This website is controlled and operated by GCT from its offices within the United States. Any claim relating to, and the use of, this website are governed by the laws of the State of California, United States of America. By using this website, you consent to personal jurisdiction in the applicable federal courts and in the state courts of Santa Clara County, California, for any action arising out of or relating to this website or your use thereof. The applicable federal courts and the state courts of California shall have exclusive jurisdiction over all such actions.
This Agreement constitutes the entire agreement between you and GCT with respect to your access to and/or use of this website.