Terms of Use
Spiration, Inc. d/b/a Olympus Respiratory America welcomes you. This website (the "Site") is designed to provide general information about Spiration, Inc., its affiliates and subsidiaries (collectively "Spiration"). Spiration provides this information to you subject to the following terms, conditions and notices contained or referenced herein (the "Terms of Use"), which govern use of the Site. Please review the Terms of Use carefully. By accessing and using the Site, you agree to be legally bound by all of the terms, conditions and notices contained or referenced herein.
No Medical Advice
Nothing contained on the Site is intended to offer to you or anyone medical advice for the treatment of illness or disease, or to be a substitute for professional medical advice, diagnosis or treatment. You should direct any questions pertaining to your medical condition and appropriate treatment to your own physician or other healthcare professional. You should never disregard professional medical advice or delay in seeking it because of information you have obtained from this Site.
Privacy Policy
The information you provide through the Site is subject to our Privacy Policy. You agree that you have reviewed the privacy policy and agree to all of its terms, which can be accessed by clicking here [Privacy Policy]
Government Regulations
Spiration is committed to being the leader in creating, developing and manufacturing devices for the treatment of lung disease and to positively impact each patient's quality of life. Its medical devices used by healthcare professionals are regulated by government agencies in each of the countries in which it does business, including the Food and Drug Administration of the United States. These regulations restrict the prescribing information that can be disclosed to the public. This Site contains information about Spiration products that may or may not be available in any particular country, may be available under different trademarks in different countries, and where applicable, may be approved or cleared by a government regulatory body for sale or use with different indications and restrictions in different countries. Nothing contained on this Site should be construed as a promotion or solicitation for any product or for the use of any product in a particular way that is not authorized by, or is contrary to, the laws and regulations of the country where you are located. Specific questions about the availability and use of products described on this Site should be directed to a Spiration representative in your jurisdiction.
Copyright Rights
All copyright rights in the text, images, photographs, graphics, user interface, and other content provided on the Site, and the selection, coordination, and arrangement of such content, are owned by Spiration or its third-party licensors, to the full extent of applicable law, including the United States Copyright Act and all international copyright laws. Under applicable copyright laws, you are prohibited from copying, reproducing, modifying, distributing, displaying, performing or transmitting any of the contents of the Site for any purposes. Nothing stated or implied on the Site confers on you any license or right under any copyright of Spiration or any third party.
Trademark Rights
All rights in the product names, company names, trade names, logos, product packaging and designs of all Spiration or third-party products or Sites, whether or not appearing in large print or with the trademark symbol, belong exclusively to Spiration or their respective owners, and are protected from reproduction, imitation, dilution or confusing or misleading uses under national and international trademark and copyright laws. The use or misuse of these trademarks or any materials, except as permitted herein, is expressly prohibited and nothing stated or implied on this Site confers on you any license or right under any patent or trademark of Spiration or of any third party.
Links to Third-Party Sites
This Site may contain links to other Sites ("Linked Sites"). The Linked Sites are not under the control of Spiration and Spiration is not responsible for the contents of the Linked Sites, including, without limitation, links contained on Linked Sites, or any changes or updates to Linked Sites. Spiration is providing Linked Sites to you only as a convenience, and the inclusion of such Linked Sites is not an endorsement by Spiration in favor of any company offering Internet Sites, products or Sites on the Linked Sites.
Permitted Uses
You are required to comply with all applicable laws in connection with your use of the Site, and such further limitations as may be set forth in any written or on-screen notice from Spiration. As a condition of your use of the Site, you warrant that you will not use the Site for any purpose that is unlawful. Without limiting the foregoing, you agree not to transmit, distribute, post, communicate or store information or other material on, to or through the Site that:
(a) infringes on any other intellectual property rights of others or on the privacy or publicity rights of others; |
(b) is obscene, defamatory, threatening, harassing, abusive, hateful, slanderous or embarrassing to any other person or entity as determined by Spiration in its sole discretion; or |
| (c) contains viruses, Trojan horses, worms, time bombs, or other computer programming routines or engines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information. |
You further agree not to:
(a) use any incomplete, false or inaccurate biographical information or other information for purposes of registering as a user of |
(b) delete or revise any material or other information of any other user or Spiration; |
(c) harvest or otherwise collect information about others, including e-mail addresses, without their consent; |
(d) take any action that imposes an unreasonable or disproportionately large load on the Site’s infrastructure; or |
| (e) use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any activity being conducted on the Site. |
License Granted
Spiration does not claim ownership of any information or materials you transmit, distribute, post, communicate or store on, to or through the Site. However, by submitting or posting information or material on, to or through the Site, you grant Spiration a world-wide, royalty free, perpetual, irrevocable and non-exclusive right (including any moral rights) and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such content anywhere, for any purpose, and in any form, media or technology now known or later developed. By posting or submitting any content to the Site, you also warrant and represent that you own or otherwise control all of the rights to the content, and that use of your content by Spiration will not infringe or violate the rights of any third party.
Disclaimer of Warranties
THE SITE IS PROVIDED "AS IS." SPIRATION MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER TO YOU OR ANY OTHER PERSON RELATING IN ANY WAY TO THE SITE, INCLUDING ANY PART THEREOF, OR ANY WEBSITE OR OTHER CONTENT THAT MAY BE ACCESSIBLE DIRECTLY OR INDIRECTLY THROUGH THE SITE. SPIRATION DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANY AND ALL SUCH REPRESENTATIONS AND WARRANTIES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SPIRATION DISCLAIMS ANY AND ALL (i) WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, (ii) WARRANTIES AGAINST INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS, (iii) WARRANTIES RELATING TO DELAYS, INTERRUPTIONS, ERRORS, OR OMISSIONS IN THE SITE, OR ANY PART THEREOF, (iv) WARRANTIES RELATING TO THE TRANSMISSION OR DELIVERY OF THE SITE, (v) WARRANTIES RELATING TO THE ACCURACY OR CORRECTNESS OF DATA, AND (vi) WARRANTIES OTHERWISE RELATING TO PERFORMANCE, NONPERFORMANCE, OR OTHER ACTS OR OMISSIONS BY SPIRATION OR BY ANY THIRD PARTY.
Limitation of Liability
IN NO EVENT WILL SPIRATION OR ANY PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THIS SITE, BE LIABLE IN ANY MANNER WHATSOEVER FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS, USE OR INABILITY TO USE THE SITE OR ANY SITE LINKED TO THE SITE, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ALTERATION, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE. THESE LIMITATIONS APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF SPIRATION® HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SPIRATION’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
Indemnification
Upon a request by Spiration, you agree to defend, indemnify and hold harmless Spiration and its subsidiaries, affiliates, officers, agents, co-branders or other partners and employees from all liabilities, claims and expenses, including reasonable attorneys’ fees, made by any third party due to or arising out of content you submit, post to or transmit through this Site, your use of the Site, your violation of the Terms of Use and/or your violation of any rights of another.
Choice of Law and Forum
This Agreement shall be governed by and construed in accordance with the laws of the State of Washington, excluding its conflict of law rules. You and Spiration expressly agree to submit to the exclusive jurisdiction and venue of the courts in Delaware in all disputes arising out of or relating to the use of this Site.
Modification of the Terms of Use
Spiration reserves the right to amend this Terms of Use Agreement at any time. You are bound by any such revisions and should therefore periodically visit this page to review the then-current Terms of Use Agreement to which you are bound. Your use of the Site after the posting of modifications to the Terms of Use will constitute your acceptance of the Terms of Use, as modified. If, at any time, you do not wish to accept the Terms of Use, you may not use the Site.
Severability and Integration
Unless otherwise specified herein, this Agreement constitutes the entire agreement between you and Spiration and governs your use of the Site, superseding any prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and Spiration. If any portion of this "Terms of Use" is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect.
Miscellaneous
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Spiration as a result of the Terms of Use or your use of this Site. Nothing contained in this Terms of Use Agreement detracts from Spiration’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Spiration® with respect to such use. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Termination
Spiration reserves the right, in its sole discretion, to terminate your access to all or part of this Site, with or without notice.