Xcision Terms Of Use
Welcome to the Xcision Medical Systems, LLC (“Xcision”) website. The information provided on this website is for general informational and educational purposes only. Your access to and use of the information contained in the website is subject to these Terms of Use. By accessing and using this website, you accept and agree to comply with, without limitation or qualification, these Terms of Use.
Use of Website
The information provided on the website is for general informational and educational purposes only. XCISION DOES NOT PROVIDE MEDICAL ADVICE. YOU SHOULD CONSULT YOUR PHYSICIAN FOR DIAGNOSIS AND TREATMENT. Certain sections of this website are intended for particular audiences including members of the health care community and the general public. If you do not agree to the Terms of Use, you may not access or use the website.
Content
Xcision will use reasonable efforts to include accurate and up-to-date information on this website but makes no warranties or representations of any kind as to its accuracy, currency or completeness. You agree that access to and use of this website and the content thereof is at your own risk. Xcision disclaims all warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, and/or non-infringement. Xcision shall not be responsible or liable for any damages, including without limitation, direct, incidental, consequential, indirect or punitive damages, arising out of access to, use of, or inability to use this website, any errors or omissions in the content thereof, or downloading any content from the website. This limitation includes damages to, or for any viruses that infect, your computer equipment.
Indemnification
You agree to indemnify, defend and hold harmless Xcision and its affiliates and their directors, officers, employees, agents, suppliers and service providers from and against any and all claims, causes of action, losses, liabilities, expenses, damages and costs, including reasonable attorneys’ fees and court costs, arising or resulting from your use of the website and any content contained on the website and any violation of these Terms of Use. If you cause a technical disruption of the website or the systems transmitting the website to you or others, you agree to be responsible for any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys’ fees and court costs, arising or resulting from that disruption.
Third Party Websites and Links
This website may contain links or references to other websites maintained by third parties over whom Xcision has no control. These links are provided as a convenience and for informational purposes only, and Xcision makes no representation or warranty and bears no responsibility for the accuracy, legality or content of the externally linked third party websites. Inclusion of any such link does not indicate Xcision endorsement, sponsorship of, or affiliation with the third party or content of the linked third party website, including any advertisements that may be posted.
Similarly, the Xcision website may be accessed from third party links over which Xcision has no control. Xcision makes no warranties or representations of any kind as to the accuracy, currency, or completeness of any content or information contained in such third party websites and shall have no liability for any damages or injuries of any kind arising from such content or information. If you choose to purchase any products or services from a third party, your relationship is directly with the third party and Xcision is not responsible for any loss or damage of any sort you may incur from dealing with any third party. Third party websites may contain information about uses of products that have not been approved or cleared by the U.S. Food and Drug Administration. Xcision does not endorse the off-label use of any of our products.
By linking a site to the Xcision Website, the creator of the link and/or third party website implicitly agrees that such link will be presented in a manner that does not give the impression that Xcision endorses, whether expressly or implicitly, any products, services or opinions provided on that third party website and indicating that following the link will direct the user to another unaffiliated website.
Medical Information
This website may contain general information relating to various medical conditions and procedures. Such information is provided for informational purposes only and is not intended nor is implied to be a substitute for professional medical advice. Patients should always seek the advice of a physician or other qualified health care provider for information about a medical condition or procedure. This website may also include certain information, reference guides and databases intended for use by licensed medical professionals. These tools are not intended to give professional medical advice. Physicians and other health care providers should always exercise their own clinical judgment for any given situation.
Hospital and Physician Search
For informational purposes only, this website may assist you in searching for or identifying a hospital or physician in your area. In such cases, Xcision does not endorse, recommend or certify any of these listed physicians. Xcision does not guarantee or make any warranties, express or implied, as to the quality of medical advice or care given by any listed hospital or physician. Potential patients are encouraged to consult other sources to verify or obtain additional information about a physician. The listed hospitals and physicians are independent practitioners who are not employees or agents of Xcision.
Availability of Products
Xcision’s products referred to on this website may not be available for sale in all countries. We make no representation as to the availability of a particular product in a particular country. For the availability of a particular product in your country, please contact us.
Forward Looking Statements
This website may contain forward-looking statements that are based on management’s current expectations and assumptions regarding Xcision’s business and performance, the economy and other future conditions and forecasts of future events, circumstances and results. As with any projection or forecast, forward-looking statements are inherently susceptible to uncertainty and changes in circumstances. Xcision’s actual results may vary materially from those expressed or implied in its forward-looking statements. Any forward-looking statement made by Xcision speaks only as of the date on which it is made. Xcision is under no obligation to, and expressly disclaims any obligation to, update or alter its forward-looking statements, whether as a result of new information, subsequent events or other factors.
Non-Confidential Information
Any communication or other material that you send to us through the Internet or post on the Xcision website by electronic mail or otherwise, such as any questions, comments, suggestions or the like, is and will be deemed to be non-confidential and Xcision shall have no obligation of any kind with respect to such information. Xcision shall be free to use any ideas, concepts, know-how or techniques contained in such communication for any purpose whatsoever, including but not limited to, developing, manufacturing and marketing products. In the event of any such usage, you agree that Xcision shall have no obligation to you, including those of a monetary nature.
Trademarks
Certain names, titles, trademarks, service marks, and logos that appear on the website, including all product names whether or not appearing with a trademark symbol, are registered or common law (unregistered) marks of Xcision, its affiliates or licensors. With the exception of fair use, you may not use Xcision trademarks without prior written permission. Trademarks of third parties may also appear on the website.
The use or misuse of these trademarks or any other materials, except as permitted herein, is expressly prohibited and nothing contained herein transfers any right, title, or interest in the trademarks.
Copyrights
The entire contents of this website is subject to copyright protection. Copyright © 2018 Xcision Medical Systems, LLC. The contents of the Xcision website may not be copied other than for noncommercial individual reference with all copyright or other proprietary notices retained, and thereafter may not be recopied, reproduced or otherwise redistributed. Except as expressly provided above, you may not otherwise copy, display, download, distribute, modify, reproduce, republish or retransmit any information, text or documents contained in this website or any portion thereof in any electronic medium or in hard copy, or create any derivative work based on such images, text or documents, without the express written consent of Xcision.
Governing Laws
These Terms of Use and your use of the website shall be governed by the laws of the State of Maryland, without regard to its conflict of laws principles. Any legal action or proceeding arising out of, in connection with, or related to these Terms of Use or the website shall be brought in a federal or state court with jurisdiction in the State of Maryland.
Miscellaneous
If any provision of these Terms of Use is held to be unlawful, void or unenforceable, then such provision shall be severable without affecting the enforceability of all remaining provisions. Xcision reserves the right to alter or delete materials from the website at any time at its discretion. Xcision further reserves the right to modify these Terms of Use and other related policies from time to time without notice to website users. Xcision’s failure to enforce any of its rights under these Terms of Use is not and shall not constitute a waiver of such rights under the Terms of Use.