Terms And Conditions
1. Disclaimer of Warranties and Liabilities
A. You acknowledge and agree that this Site is "as-is." Hemosure,Inc. ("Hemosure") does not warrant or make any representations of any kind with respect to the materials and information contained on this Site. Your use of this Site is at your own risk. Although Hemosure attempts to provide accurate information, this Site is intended to be for general reference and informational purposes only, and Hemosure does not warrant the accuracy, effectiveness and suitability of any materials and information contained on this Site. Product and other information, including pricing and availability is subject to change at any time. This Site may contain inaccurate, incomplete or out-of-date information. Hemosure assumes no responsibility for errors or omissions in the content on this Site, and makes no commitment to update such information. Your sole and exclusive remedy for issues relating to the use of, or the material on, this Site shall be to discontinue accessing this Site and discontinue use of the information or material obtained. You and Hemosure acknowledge and agree that Hemosure shall not be liable for any damages relating to the use of, or reliance upon, this Site or such material or information contained on this Site.
B. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, YOU HEREBY WAIVE, DISCLAIM AND RELEASE Hemosure, ITS SUBSIDIARIES AND AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, AND ASSIGNS, FROM ALL CLAIMS OF ANY KIND (SPECIFICALLY INCLUDING ANY AND ALL CLAIMS FOR ACTUAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, ATTORNEYS' FEES AND COSTS, OR CLAIMS FOR INTEREST, EVEN IF Hemosure IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RELATED TO, IN CONNECTION WITH OR ARISING FROM, DIRECTLY OR INDIRECTLY, YOUR ACCESS TO (OR INABILITY TO ACCESS) THIS SITE OR THE USE OF ANY MATERIAL OR INFORMATION CONTAINED ON OR ACCESSED THROUGH THIS SITE. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THIS SITE IS PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT.
C. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS SITE IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
D. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Hemosure OR THROUGH OR FROM THIS SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS.
E. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF THIS SECTION 1 MAY NOT APPLY TO YOU.
YOU UNDERSTAND THAT YOU ARE PERSONALLY RESPONSIBLE FOR YOUR BEHAVIOR WHILE ON THIS SITE AND AGREE TO INDEMNIFY AND HOLD Hemosure, ITS SUBSIDIARIES AND AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS AND ASSIGNS, HARMLESS FROM AND AGAINST ANY LOSS, DAMAGE, LIABILITY, COST, OR EXPENSE OF ANY KIND (INCLUDING ACTUAL ATTORNEYS' FEES) THAT Hemosure OR ANY OF THE FOREGOING PERSONS MAY INCUR IN CONNECTION WITH A THIRD PARTY CLAIM OR OTHERWISE, RELATED TO, IN CONNECTION WITH OR ARISING FROM YOUR USE OF THIS SITE OR MATERIAL OR INFORMATION ON THIS SITE, ACCESS TO THIS SITE, YOUR VIOLATION OF THESE TERMS AND CONDITIONS OR YOUR VIOLATION.
3. Forward-Looking Statements
This Site may contain forward-looking statements within the meaning of the federal securities laws that involve material risk and uncertainties. Many possible events or factors could affect our future financial results and performance, such that our actual results and performance may differ materially. As such, no forward-looking statement can be guaranteed. Differences in operating results may arise as a result of a number of factors including, without limitation, seasonality, adverse changes in the competitive and economic conditions in domestic and international markets, actions of our major distributors, manufacturing and production delays or difficulties, adverse actions or delays in product reviews by the Federal Drug Administration and the lower acceptance of our new products than forecast. Forward-looking statements typically are identified by the use of terms such as "may," "will," "should," "might," "expect," "anticipate," "estimate" and similar words, although some forward-looking statements are expressed differently. The risks described under "Risk Factors" and in other sections of our annual report on Form 10-K and in other reports and registration statements that we file with the Securities and Exchange Commission from time to time should be carefully considered. You are cautioned not to place undue reliance on these forward-looking statements, which reflect management's analysis only as of the date that the forward-looking statement is made. Hemosure undertakes no obligation to publicly release the results of any revision of the forward-looking statements.
4. No Medical, Tax, Investment, or Legal Advice
The material and information presented on this Site is for general reference and informational purposes only and is not intended to offer specific medical, tax, investment or legal advice of any kind. ALL USERS ARE EXPRESSLY ADVISED TO CONSULT WITH THEIR OWN MEDICAL, TAX, INVESTMENT AND/OR LEGAL PROFESSIONALS BEFORE MAKING ANY MEDICAL DECISIONS, OR MAKING ANY TAX, INVESTMENT AND/OR LEGAL DECISIONS. BY USING THIS SITE, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU ARE NOT RELYING ON ANY INFORMATION OR MATERIAL PRESENTED ON THIS SITE TO MAKE ANY MEDICAL DECISIONS, OR MAKE ANY TAX, INVESTMENT AND/OR LEGAL DECISIONS.
5. Links to Other Sites
Hemosure may provide links to other sites maintained by third parties. Hemosure has not reviewed or endorsed these linked sites, and you hereby acknowledge and agree that Hemosure shall not be responsible for the content, products or services offered in such sites. To the extent applicable, you are responsible for compliance with all local laws regarding material or information obtained from this Site or linked sites. If you decide to access or use any of the third party sites linked to this Site, you do so entirely at your own risk.
6. Intellectual Property
The information on this Site, including, without limitation, all design, text, images, photographs, press releases and other information, are protected under United States and other copyright laws and are owned by Hemosure and/or used under license from the copyright owner. The information may not, except under written license from a duly authorized representative of Hemosure, be copied, reproduced, transmitted, displayed, performed, distributed, rented, sublicensed, altered, stored for subsequent use or otherwise used in whole or in part in any manner without Hemosure's prior written consent, except to the extent that such use is authorized under the United States and other relevant copyright laws. Hemosure's trademarks, logos, images, and service marks used on this Site are the property of Hemosure and may not be used without the prior written consent of a duly authorized representative of Hemosure and without proper acknowledgment. All other trademarks and/or logos are the property of their respective owners.
8. No Employment Guarantee
With respect to Hemosure's Career Opportunities, we make no guarantee or promise that you will achieve job placement, that any employment or position is available, or that you will be placed in a job of your preference.
9. Equal Employment Opportunity Commission Statement
Hemosure does not discriminate against or harass any employee or applicant for employment because of race, color, creed, religion, national origin, sex, disability, age, marital status, sexual orientation, political affiliation, veteran and/or status with regard to public assistance. Hemosure makes employment decisions in accordance with applicable federal, state and local laws.
10. Governing Law
The internal laws of the State of California, without reference to any choice of law provisions, shall govern any claims relating to, in connection with or arising from any use or access of this Site. This Site is controlled by or on behalf of Hemosure within the United States of America. Hemosure makes no representation that the material and information on this Site are appropriate or available for use in other locations, and access to them from territories where such material and information is illegal is prohibited. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws.
11. Updates and Revisions to these Terms and Conditions
Hemosure may update and/or revise these Terms and Conditions at any time, and from time to time, without notice, and all users of this Site will be bound by such revisions. Updates and revisions will be posted on this "Terms and Conditions" page and users are responsible and agree to review the page from time to time to ensure compliance.
If any one or more of the terms or provisions of these Terms and Conditions is declared unlawful, void or for any reason unenforceable by any court in any jurisdiction, then any such term(s) or provision(s) shall be deemed severable from the remaining terms or provisions in such jurisdiction and will not affect the validity and enforceability of such remaining terms or provisions.