ACCEPTANCE OF TERMS
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY. THEY GOVERN YOUR ACCESS AND USE OF THIS WEBSITE. By accessing and using this website ('Site') of Calypso Medical Technologies, Inc. (Calypso Medical), you acknowledge that you have read and agree to the Terms of Use set forth below and as they may be modified from time to time. If you do not agree to be bound by the Terms of Use, you are directed to immediately exit this Site.
COPYRIGHT NOTICE
© 2008 Calypso® Medical Technologies, Inc. All rights reserved. Reproduction of any of the materials contained on this Site in any format or media without the express written permission of Calypso Medical Technologies is prohibited. The unauthorized copying or reproduction of any portion of this Site constitutes actionable copyright infringement.
TRADEMARKS
Calypso®, Beacon®, GPS for the Body®, Motion Matters™, Nothing Tracks Like the Beacon™, Calypso Within™, Beacon Within™, 4D Console™, 4D Electromagnetic Array™, 4D Tracking Station™, On Target, On With Living™ and/or other Calypso Medical's products are either registered trademarks or trademarks in use of Calypso Medical. The names of actual companies and products mentioned herein may be the trademarks of their respective owners. Any rights not expressly granted herein are reserved.
THIRD-PARTY SITES
This Site may contain links to other websites. When you click on one of these links you are being transferred to a website operated by someone other than Calypso Medical, and the operator of that website may have a different privacy policy and terms of use. Calypso Medical does not share your personal information with these websites and is not responsible for their individual privacy practices. We encourage you to investigate the privacy policies and terms of use of these operators.
Calypso Medical is not responsible for such linked websites nor the content of any of the linked websites. Calypso Medical provides these links as an additional resource for its users and does not endorse the companies that own, control or manage the linked websites, nor does Calypso Medical endorse or support any views expressed or products or services offered by or through any linked websites.
Additionally, when you are on our Site, please be aware that we have links to other websites that may have the look and feel of our Site. Be aware that you may be on a website that is actually controlled by our third party hosting service provider.
DISCLAIMERS
1. This Site includes information that is subject to change without notice. While Calypso Medical desires that the information provided on this Site be as up-to-date and as accurate as possible, Calypso Medical assumes no responsibility for the accuracy of any information contained on this Site. It is your sole responsibility to verify that information contained on this Site is accurate and current.
2. All users acknowledge that the presentation of the material on this Site: (i) does not represent investment advice; (ii) does not constitute an offer to extend credit, a grant or subsidy; and (iii) does not constitute an investment solicitation or an offer to buy securities. No user of this Site, including, without limitation, Calypso Medical's member institutions, should rely on this Site or the information contained on the Site in making an investment decision, a credit decision or calculating the timing or amount of payments on debt securities or any other related information.
3. The terms and conditions related to Calypso Medical's products and services are governed by various agreements between Calypso Medical and its customers as well as certain policies, procedures and applicable regulations. In the event of inconsistencies between the material contained on this Site and such agreements, policies, procedures, and regulations, the agreements, policies, procedures, and regulations shall govern.
NOT MEDICAL ADVICE
IN AN EMERGENCY, CALL 911 OR OTHER EMERGENCY NUMBER. DO NOT USE THIS SITE TO COMMUNICATE OR RECEIVE URGENT OR EMERGENCY MESSAGES. IF YOU HAVE A SPECIFIC QUESTION ABOUT YOUR HEALTH DIAGNOSIS , OR TREATMENT, CONTACT YOUR HEALTH CARE PROVIDER.
This Site may contain information relating to various medical, health and fitness conditions and their treatment. This is for informational purposes only and is not meant to be a subsitute for the advice provided by your own physician or other health care professional. You s hould not use the information contained on this Site for diagnosing a medical, health or fitness condition or disease. If you have any concerns or questions about your health or medical condition, you always should consult with a physician or other health care professional. Never diregard, avoid or delay obtaining medical or health care advice or assistance from your health care professional because of something you may have read on this Site.
THIS SITE IS NOT INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICINE OR THE PRACTICE OF HEALTH CARE SERVICES BY CALYPSO MEDICAL. YOUR USE OF THE SITE DOES NOT CREATE A PHYSICIAN / PATIENT, CONFIDENTIAL, OR PRIVILEDGED RELATIONSHIP, OR ANY OTHER RELATIONSHIP THAT WOULD GIVE RISE TO ANY DUTIES ON THE PART OF CALYPSO MEDICAL.
HIPAA APPLICABILITY
Calypso Medical is not a covered entity under the administrative simplification provision of the Health Insurance Portability and Accountability Act of 1996 and its implementing regulations ("HIPAA"). Calypso Medical is not a health care provider for purposes of the Washington Uniform Health Care Information Act. Although, Calypso Medical is concerned about your privacy, it does not have to comply with these confidentiality laws. Accordingly, the protections for any information you post and provide to Calypso Medical are described in the Privacy Policy on this Site. YOU SHOULD CONSIDER THE PRIVACY IMPLICATIONS CONCERNING ANY INFORMATION YOU PROVIDE TO CALYPSO MEDICAL. PLEASE BE CAREFUL IN DISCLOSING ANY PERSONAL INFORMATION.
Calypso Medical may be a business associate of the health care providers that are using Calypso Medical products. As such, Calypso Medical has contractually agreed to safeguard protected health information received from or on behalf of, or created on behalf of, such a health care provider that is covered by HIPAA.
NO WARRANTIES
ALTHOUGH CALYPSO MEDICAL ATTEMPTS TO PROVIDE ACCURATE INFORMATION ON THIS SITE, IT MAKES NO REPRESENTATION, ENDORSEMENT OR WARRANTY THAT THE CONTENTS OF THIS SITE ARE ACCURATE OR SUITABLE FOR ANY PARTICULAR PURPOSE. THIS SITE, INCLUDING ALL CONTENT, SOFTWARE AND INFORMATION MADE AVAILABLE ON THIS SITE, IS PROVIDED 'AS IS.' NEITHER CALYPSO MEDICAL, ITS DIRECTORS, OFFICERS, ITS EMPLOYEES NOR ITS AGENTS MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND OR NATURE WHATSOEVER REGARDING THE CONTENTS OF THIS SITE, INFORMATION MADE ACCESSIBLE BY THE SOFTWARE USED ON THIS SITE, OR ANY PRODUCTS, SERVICES OR HYPERTEXT LINKS TO OTHER OUTSIDE WEBSITES. CALYPSO MEDICAL, ITS DIRECTORS, OFFICERS, EMPLOYEES AND ITS AGENTS DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES OF ANY KIND OR NATURE WHATSOEVER, INCLUDING, WITHOUT LIMITATION, WARRANTIES RELATED TO ANY COURSE OF DEALING, USAGE OR TRADE PRACTICE, AND IMPLIED WARRANTIES OF NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE WITH THE SOLE EXCEPTION OF WARRANTIES (IF ANY) THAT CANNOT BE EXPRESSLY EXCLUDED UNDER APPLICABLE LAW. CALYPSO MEDICAL DOES NOT REPRESENT OR WARRANT THAT A USER'S ACCESS WILL BE UNINTERRUPTED OR THAT MATERIAL ACCESSIBLE FROM THIS SITE IS FREE OF VIRUSES.
LIMITATION ON LIABILITY
IN NO EVENT WILL CALYPSO MEDICAL, ITS DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DAMAGES INCLUDING, WITHOUT LIMITATION, INDIRECT INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, WHETHER UNDER A CONTRACT, TORT OR ANY OTHER THEORY OF LIABILITY ARISING IN CONNECTION WITH ANY PARTIES USE OF THE SITE OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE SYSTEM FAILURE, LOSS OF DATA, OR LOSS OF USE RELATED TO THIS SITE OR ANY WEBSITE OPERATED BY ANY THIRD PARTY OR ANY CONTENTS OF THIS SITE OR ANY OTHER WEBSITE, EVEN IF CALYPSO MEDICAL IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES.
GOVERNING LAW
These terms and conditions shall be governed by and construed in accordance with federal law, and to the extent federal law incorporates or defers to state law, the laws of the State of Washington (without regard to the conflict of laws, thereof). Any action or proceeding arising from the use of the Site shall be exclusively subject to the jurisdiction of the federal district court in the Western District of Washington.
