ATTENTION: PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS WEBSITE. USING THIS WEBSITE INDICATES THAT YOU ACCEPT THESE TERMS OF USE. IF YOU DO NOT ACCEPT THESE TERMS, DO NOT USE THIS WEBSITE.
I. Acceptance of Terms of Use and Legal Restrictions.
By accessing any areas of Datascope.com, Vasoseal.com, Intervascular.com, Genisphere.com, or any site controlled by Datascope Corp or its subsidiaries. ("Site" or "Sites" or "Datascope Sites"), users ("Users") agree to be legally bound and to abide by the terms set forth below. Datascope.com, Vasoseal.com, Intervascular.com, and Genisphere.com are owned and operated by Datascope Corp. and its subsidiaries ("Datascope"). In the event of a conflict between any other agreement, rule, terms of service and these Terms of Use and Legal Restrictions ("Terms"), the provisions of these Terms shall control. This agreement was last revised on March 30, 2001.
II. PRIVACY POLICY
You agree that you have read and understand the terms of Datascope's Privacy Policy. The terms and conditions of Datascope's Privacy policy are incorporated by reference into these Terms. You acknowledge that the Datascope Sites may link to other sites not controlled by Datascope and that the collection of your data by those sites is outside the scope of Datascope's control. Datascope reserves the right to monitor your use of the Site.
III. COPYRIGHTS & TRADEMARKS
Datascope hereby authorizes you to copy documents published by Datascope on this Internet site for non-commercial use within your organization only, provided any copy of these documents which you make shall retain all copyright and other proprietary notices contained herein.
All content and information available on or through the Datascope Sites, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Datascope or its content suppliers and protected by United States and international copyright laws. The compilation of all content on the Datascope Sites is the exclusive property of Datascope and protected by United States and international copyright laws. All software used on this site is the property of Datascope or its software suppliers and protected by United States and international copyright laws.
The trademarks, service marks, trade names, trade dress, and products ("Marks") on the Datascope Sites are the property of Datascope, its affiliates or subsidiaries, or third party owners, and are protected by United States and international trademark laws. Users are prohibited from using any of the Marks appearing throughout the Datascope Sites without express written consent from the respective owners of the Marks except as permitted by applicable laws. No use of any of Datascope's Marks may be made without prior written authorization from Datascope, except to identify the products or services of Datascope.
Nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any patent or trademark of Datascope or any third party. Except as expressly provided above nothing contained herein shall be construed as conferring any license or rights under any Datascope copyright.
POLICY REGARDING COPYRIGHT INFRINGEMENT AND
DESIGNATION OF A COPYRIGHT AGENT
Datascope's policy regarding copyright infringement and Datascope's designated agent for receipt of copyright infringement claims pursuant to the Digital Millennium Copyright Act (17 USC § 512) is incorporated herein and follows below:
Datascope respects the intellectual property rights of others and requires those that visit our website to do the same. Datascope may, in appropriate circumstances and at its discretion, remove or disable access to material on its website that infringes upon the copyright rights of others. Datascope also may, at its discretion, remove or disable links or references to an online location that contains infringing material or infringing activity.
If you believe that your work has been used on our website in any manner that constitutes copyright infringement, please notify Datascope's copyright agent by written notice. The notice should include the following information:
An electronic or physical signature of a person authorized to act on behalf of the owner of the copyright allegedly infringed; a description of the copyrighted work you claim has been infringed, including a copy of the copyrighted work or the web page address where the copyrighted work may be found; identification of the location on our website of the material you claim has been infringed, or the link or reference to another website that contains the material you claim has been infringed; your name, address, telephone number and email address; a statement by you that you have a good faith belief that the disputed use of the material at issue is not authorized by the copyright owner, the agent of the copyright owner or the law; and a statement by you, under penalty of perjury, that the information in this notification is accurate and that you are the copyright owner of the material allegedly infringed or authorized to act on the copyright owner's behalf.
Datascope's copyright agent for notice of claims of copyright infringement on this website is J. Gary Mohr, who can be reached at following:
By mail: Datascope Corp., 14 Philips Parkway, Montvale, NJ 07645
By email: gary_mohr@datascope.com
IV. NO ENDORSEMENT OF CONTENT AND LINKS TO OTHER WEB SITES
Datascope will use reasonable efforts to include up-to-date and accurate information in this Internet site, but makes no representations, warranties, or assurances as to the accuracy, currency or completeness of the information provided, including third party information, such as, but not limited to, press releases, articles, bibliographies, securities analyst information, etc. or information from third-party websites linked to from this Site.
Any links to other sites are provided as merely a convenience to the users of this Internet site. This Internet site may provide links or references to other sites but Datascope has not reviewed all of these other sites, has no responsibility for the content of such other sites and shall not be liable for any damages or injury arising from the content. Thus, Datascope does not endorse or make any representations about these sites, or any information or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of these other sites linked to this Site, you do so entirely at your own risk.
V. NO WARRANTIES
THE MATERIALS, SERVICES AND INFORMATION ON THIS SITE ARE PROVIDED BY DATASCOPE ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. DATASCOPE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, (INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT), AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, OR MATERIALS INCLUDED ON THIS SITE. DATASCOPE MAKES NO REPRESENTATION OR WARRANTY THAT THE INFORMATION CONTAINED ON THIS SITE WILL BE TIMELY, COMPLETE ERROR-FREE, OR WILL MEET USER'S REQUIREMENTS.
Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you. Check your local laws for any restrictions or limitations regarding exclusion of implied warranties.
No advice or information, whether oral or written, obtained by a visitor from Datascope shall create any warranty not expressly made herein.
Datascope may makes changes to the information, materials, or services on this Site, or to the products or prices described on this site, at any time without notice. The information, materials or services on this Site may be out of date, and Datascope makes no commitment to update the information, materials, or services.
VI. SYSTEM OUTAGES
Datascope periodically schedules system downtime for maintenance, repair and other purposes. Unplanned system outages may also occur. Datascope shall have no liability whatsoever for the resulting unavailability of the Datascope websites or for any loss of data or transactions caused by planned or unplanned system outages, or any third party acts or any other outages of web host providers or the Internet infrastructure and network external to the Site.
VII. LIMITATION OF LIABILITY
DATASCOPE SHALL NOT BE LIABLE FOR ANY DAMAGES OR INJURY RESULTNG FROM YOUR ACCESS TO, OR INABILITY TO ACCESS, THIS SITE, OR FROM YOUR RELIANCE ON ANY INFORMATION PROVIDED AT THIS SITE OR ANY LINK FROM THIS SITE. IN NO EVENT WHATSOEVER SHALL DATASCOPE, ITS SUBSIDIARIES, SUPPLIERS OR AUTHORIZED REPRESENTATIVES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, OR FOR ANY LOSS OF SALES, PROFITS, REVENUES, GOODWILL, DATA, OTHER INTANGIBLE LOSSES, OR BUSINESS INTERRUPTIONS WHETHER ARISING IN TORT, CONTRACT, WARRANTY OR ANY OTHER LEGAL THEORY REGARDLESS OF DATASCOPE'S NEGLIGENCE OR WHETHER DATASCOPE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL DATASCOPE'S TOTAL CUMULATIVE LIABILITY UNDER THESE TERMS EXCEED THE AMOUNT OF ANY FEES PAID, IF ANY TO DATASCOPE FOR USE OF THE SITE BY THE VISITOR. IF YOUR USE OF THE MATERIALS, INFORMATION OR SERVICES FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS, THEREOF.
VIII. INDEMNIFICATION
You agree to indemnify, defend and hold Datascope, its subsidiaries, affiliates, officers, directors, employees, agents, licensors, consultants, suppliers and any third party Website providers harmless from and against all claims, demands, actions, liabilities, losses, expenses, damages and costs, including actual attorneys' fees, resulting from your violation of this Agreement, misuse or abuse of the Website, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. You will cooperate as fully as reasonably required in Datascope's defense of any claim. Datascope reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of Datascope. You agree to immediately notify Datascope of any unauthorized use of your account or any other breach of security known to you.
IX. PURCHASES AND PRODUCT PRICING
All transactions made through this web site shall be governed by Datascope's Terms of Sale. For those users purchasing goods from this Site, Datascope's Terms of Sale are hereby incorporated into the Terms of Use by reference. In the event of a conflict between these Terms and the Terms of Sale, these Terms shall apply to a User's browsing and use of, and access to the Site. The Terms of Sale shall apply to a Users purchase of a product from Datascope. In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information, Datascope shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. Datascope shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and the User's credit card charged. If the User's credit card has already been charged for the purchase and his/her order is canceled, Datascope shall immediately issue a credit to the User's credit card account in the amount of the charge.
X. SECURITY AND PASSWORDS
Datascope utilizes secure servers to protect your information and passwords. By making your purchases through our secure server, you are protected by Secure Socket Layer ("SSL") technology, used by most browsers, including Netscape and Microsoft Explorer. This technology allows us to utilize advanced encryption in order to protect the information transmitted between your computer and our server. You shall not disclose your passwords or identification information to third parties. You are responsible for all activities which occur under your account and password. You agree to immediately notify Datascope of any unauthorized use of your account in writing. You are entirely responsible for maintaining the confidentiality of your password and account information.
XI. FEEDBACK
Should any viewer of this Internet site respond with information including feedback data, such as questions, comments, suggestions, or the like regarding the content of any Datascope document, such information shall be deemed to be non-confidential and Datascope shall have no obligation of any kind with respect to such information and shall be free to reproduce, use, disclose and distribute the information to others without limitation. Datascope shall be free to use any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever including but not limited to developing, manufacturing and marketing products incorporating such information.
XII. ACCEPTABLE AND LAWFUL USE OF THE SITE
Any information provided to Datascope in connection with use of the Site: (a) shall not be false, inaccurate or misleading; (b) shall not be obscene or indecent; (c) shall not contain any viruses, Trojan horses, worms, time bombs, or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (d) shall not infringe on any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (e) shall not be defamatory, libelous, unlawfully threatening or harassing; and (f) shall not create liability for Datascope or cause us to lose the services of our Internet Service Providers or other suppliers.
The sender of any communications to this Site or otherwise to Datascope shall be responsible for the content and information contained therein, including its truthfulness and accuracy. This Site is provided as a service to its visitors. Datascope reserves the right to delete, modify or supplement the content of this Site at any time for any reason without notification to anyone.
XIII. SYSTEM INTEGRITY
You may not use any device, software or routine to interfere with the proper working of the Site. You may not use any method to intercept or expropriate any system data or information from the Site without the express written permission of Datascope. You may not take any action that imposes an unreasonable burden upon the infrastructure used to support the efficient operation of the Site including but not limited to unsolicited e-mail (ie "Spam.")
You shall not use any robot, spider, or other automatic device or manual process to monitor or copy our web pages or content without the prior express written permission of Datascope.
XIV. HEALTH INFORMATION
This site may contain information on medical and health-related topics. This information is not intended to be a substitute for the advice provided by your own physician or other medical professional. You should not use this information for diagnosing a health problem or disease but should always consult your own physician. This Site does not collect personally identifiable health information.
XV. FORWARD-LOOKING STATEMENTS
This website may include forward-looking statements that involve risks and uncertainties, including technological advances in the medical field, product demand and market acceptance, the effect of economic conditions, the impact of competitive products and pricing, foreign currency exchange rates and other risks detailed in the company's filings with the Securities and Exchange Commission. These forward-looking statements are made as of the date of publication. All of these forward-looking statements are based on estimates and assumptions made by management of the company and are believed to be reasonable, though are inherently uncertain and difficult to predict. Actual results or experience could differ materially from the forward-looking statements.
XVI. APPLICABLE LAW AND DISPUTES
The Datascope Site (www.datascope.com) contains information about products which may not be available for sale in all countries. Nothing herein should be construed as a solicitation or promotion for any product or for an indication for any product, which is not authorized by the laws and regulations of the country where the reader resides. For the availability of a particular product in your country, please contact Datascope.
This site is created and controlled by Datascope in the State of New Jersey. As such, the laws of the State of New Jersey will govern these disclaimers, terms of use, and terms of sale for all purchases, without giving effect to any principles of conflicts of laws. Datascope reserves the right to make changes to its site and these disclaimers, terms of use, and terms of sale at any time.
User hereby irrevocably and unconditionally consents to submit to the exclusive jurisdiction of the courts of the State of New Jersey and of the United States of America located in the State of New Jersey for any litigation arising out of or relating to use of or purchase made through the Datascope Sites (and agrees not to commence any litigation relating thereto except in such courts), waives any objection to the laying of venue of any such litigation in the New Jersey Courts and agrees not to plead or claim in any New Jersey Court that such litigation brought therein has been brought in an inconvenient forum.
XVII. SEVERABILITY AND ENTIRE AGREEMENT
The provisions of these Terms of Use are intended to be severable. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between you and Datascope relating to the subject matter herein. The Terms will inure to the benefit of Datascope's successors, assigns and licensees.
XVIII. TERMINATION
Datascope may immediately issue a warning, suspend or terminate your access to the Site or registration for breach of these Terms (or any other agreement or policy incorporated by reference hereto), or if we are unable to verify or authenticate any information you provide to us, or for any other reason in our discretion. You may terminate your registration by contacting us at gary_mohr@datascope.com or at (888) 949-9917. In no event shall Datascope be required to issue any refund or payment to you upon termination of your account.
XIX. ACKNOWLEDGMENT
The Terms of Use, including all documents referenced herein, represents the entire understanding between you and Datascope regarding your relationship with Datascope's Sites and supersedes any prior statements or representations. YOU AGREE TO BE BOUND BY THE TERMS OF USE by using Datascope's Sites.
In its sole discretion, Datascope may unilaterally amend or modify these Terms or any other documents referenced herein at any time by posting on this Site. Any amended or modified terms will be effective upon posting. Continued use of the Site constitutes acceptance of any modified terms and conditions. Visitors shall regularly review the Terms of Use. If you have any questions regarding the Terms of Use, contact us at gary_mohr@datascope.com or at (888) 949-9917.