Vector Surgical, LLC
Last updated January 1, 2013
Collection and use of information
We collect the Personal Information of our consumers (“you” or “your”) to provide them with services. “Personal Information” may include name, postal address, telephone number, and email address. We collect Personal Information from you, when you (A) provide Personal Information through the registration process, (B) use tools on the site or (C) choose to complete surveys or questionnaires and (D) choose to provide us with additional information.
We also collect non-Personal Information from all visitors to the Web Site (including the number of visitors to the Web Site, the websites from which the visitors enter the Web Site, the pages the visitors visit on the Web Site, the length of the visits, the names of the visitors’ Internet providers and Internet protocol addresses, the visitors’ browser information, the speed of the visitors’ connections and the search terms used to find the Web Site, if applicable). We do this to enhance the Web Site user’s experience.
Disclosure of information
Any information provided to us by visitors to this Website is considered non-confidential, and we have no obligation to protect such information from disclosure or use. All information you submit to us, whether in the form of questions, comments, feedback, survey responses, emails, requests or orders for information, or suggestions or ideas relating to this Website or to our products and services, are deemed non-confidential and non-proprietary, and we are free to disclose or use such information for any purposes it deems appropriate. This includes any information that a visitor may send to us through any link provided on this Website. When you submit any information to us through this Website, including, without limitation, ideas, suggestions, know-how, concepts, methods and processes, you grant us a royalty-free, irrevocable, unrestricted, worldwide license to use, distribute, display, copy, perform, modify and transmit such materials or information, in any format and on or though any medium. You agree not to provide us with any information through this Website that you obtained illegally, or that constitutes confidential or proprietary information, or trade secrets of others, unless you have the written authorization of the owner of such information to do so.
We reserve the right to approve any instance of another website linking to this Website. In general, however, any site that displays a link to the Website must, at a minimum: (i) link only to the complete home page of the Website; (ii) not modify the appearance of this Website, or cause it or any part of it to be framed; (iii) not cause any part of this Website to be disabled or inaccessible; and (iv) not use a link to this Website in any manner that is misleading, defamatory, offensive or negative in any way, including, without limitation, in a manner that adversely impacts our goodwill or reputation, our products and services, this Website, our business partners or customers. If we provide written notification to any person or entity linking to this Website to remove the link from that person or entity’s Website, that person or entity must do so immediately, and will be responsible for all costs, including legal fees and related expenses, we incur to enforce our rights under this provision.
The Web Site is not intended for use by children under the age of 13. We will not knowingly collect any Personal Information from visitors under the age of 13. If you think that we have collected Personal Information from a visitor under the age of 13, please contact us.
This Agreement applies to your access to and use of the www.vectorsurgical.com Website (“Website”) and all information and materials it contains (“Content”).
This Website and all Content is protected by United States Copyright Law. The copyrights in the Website and most of its Content are owned by VECTOR SURGICAL. The copyright in some of the Content may be owned by third parties and is used by VECTOR SURGICAL with permission. You are allowed to view, download and distribute the Content of this Website solely for business use, provided that (1) you do so in accordance with this Agreement; (2) you do not use the Contents in a manner that may violate the rights of anyone, or to disparage or defame Vector Surgical or any of its officers, directors, employees, agents, suppliers, and licensors; (3) you do not publish or post any Content on any other website without our prior written consent; (4) you do not modify or alter any of the Content in any way; (5) you do not do so while competing with VECTOR SURGICAL and (6) you include, without alteration, all copyright and other proprietary notices on such Content. If you download a portion of Content that does not contain any copyright notices, you must add a notice indicating that the copyright in such Content is owned by VECTOR SURGICAL.
Trademarks, Service Marks and Trade Names
The name VECTOR SURGICAL, the VECTOR SURGICAL logo, MarginMarker™, CorrectClips™ and The Standard for Tissue Orientation® are the trademarks of VECTOR SURGICAL. You may not use any trademarks of VECTOR SURGICAL or other trademarks appearing in this Website without prior written permission.
The following activities are strictly prohibited when accessing or utilizing the Website or the Content:
- (a) No Illegal Conduct: Engage in any conduct that may constitute a criminal offense, give rise to civil liability or otherwise violate any federal, state or local law or regulation.
- (b) Violation of Intellectual Property Rights: Use the Website to store or transmit content or data which violates or infringes the intellectual property, confidentiality or privacy rights of others.
- (c) Interference with Operations of the Website:
- (i) Uploading or transmitting viruses, Trojan horses, worms, malicious devices or other code designed to harm or disrupt the normal operating procedures of the Website;
- (ii) Engaging in activities which disrupt, damage, or interrupt the proper operation of the Website, render the Website less efficient, or impair its effectiveness or functionality, including, but not limited to, sending “spam” or any other unsolicited communications;
- (iii) Engaging in any activity that improperly restricts or inhibits any user from using the Website;
- (iv) Causing any harm to a user when accessing or using the Website;
- (v) using software devices or other methods to access or scrape the Website or to access the Website in a manner other than the process provided by VECTOR SURGICAL.
- (d) Commercial Uses: Modifying, posting, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works, or using any Content available on or through this Website for advertising, commercial solicitation, or public purposes, other than within the scope of the intended use of the Website. Users may not copy, reproduce or utilize the Content for purposes of setting up a competing website.
- (e) Inappropriate Content:
- (i) Uploading, posting, storing, or transmitting any content or any other material that is unlawful, pornographic, unrequested negative commentary, harassment, personal insults, lewd or indecent comments, menacing, threatening, defamatory, abusive, or hateful, or that may cause undue annoyance, embarrassment, inconvenience or anxiety to another person or legal entity;
- (ii) Impersonating another person when using this Website, including making false claims about having a medical degree or professional specialty;
- (iii) Posting any unauthorized advertising, promotional materials, “spam,” “chain letters,” “pyramid schemes,” or any other forms of solicitation.
- (f) Misappropriation of Website Software or Content: Reverse engineering, re-engineering, altering, corrupting, hacking, unlocking, decomposing, disassembling, recreating, creating prototypes from, copying, stealing, removing copyrights from or otherwise misusing or attempting to misuse the Website, the Content, or the Member Content.
- (g) No Mining Information: Obtaining, processing or mining information about other users.
- (h) No Use Except as Authorized: Using the Website for any other purpose without the prior written permission of VECTOR SURGICAL.
Disclaimer of Warranties
THE INFORMATION CONTAINED ON THIS WEBSITE IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY. ALL CONTENT IS PRESENTED “AS IS” AND WITHOUT WARRANY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COMPLETENESS, ACCURACY, RELIABILITY, CORRECTNESS, SAFETY, COMPLIANCE WITH LAWS, AVAILABILITY, UPTIME, OR ABSENCE OF BUGS, ERRORS OR HARMFUL VIRUSES OR OTHER MALICIOUS CODE.
Limitation of Liability
YOU UNDERSTAND AND AGREE THAT YOU USE THIS WEBSITE ENTIRELY AT YOUR OWN RISK. IN NO EVENT WILL VECTOR SURGICAL, ITS AFFILIATES OR THEIR EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS, BE LIABLE TO YOU OR ANY PERSON OR ENTITY FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSQUENTIAL OR PUNITIVE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBIILTY OF SUCH DAMAGES) OF ANY KIND ARISING FROM (i) ACCESS TO OR USE OF THIS WEBSITE, THE INABILITY OF ANY PERSON TO ACCESS AND USE THIS WEBSITE, OR THE COPYING OR DOWNLOADING OF ANY CONTENT, NOR FOR ANY USE OF OR RELIANCE UPON ANY OF THE CONTENT; OR (ii) YOUR USE OR DISCLOSURE OF ANY INFORMATION PROVIDED TO US BY ANY USER THROUGH THIS WEBSITE. YOU AGREE NOT TO MAKE ANY CLAIMS AGAINST US, OR OUR EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS FOR ANY REASON ARISING OUT OF YOUR USE OF OR INABILITY TO USE THIS WEBSITE, OR ANY CONTENT CONTAINED ON IT, INCLUDING, WITHOUT LIMITATION, THE USE OR DISCLOSURE OF ANY CONTENT BY US OR OTHERS.
You agree to indemnify, defend and hold harmless VECTOR SURGICAL, its affiliates, officers, directors, employees, agents, suppliers, and licensors (“Indemnified Parties”) from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this Agreement or any activity related to your use of this Website (including negligent or wrongful conduct) by you. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the Content and any other information accessed from this site. Copyright Infringement.
Federal Law provides VECTOR SURGICAL with the right, but not the obligation, to terminate your access to the Website, if we determine in our sole discretion that you have engaged in infringement of copyrights or any other intellectual property rights. VECTOR SURGICAL has implemented procedures for receiving written notification of claimed infringements and for processing such claims. All claims of infringement must be submitted in a written statement that complies with the requirements below and delivered to VECTOR SURGICAL by mail:
VECTOR SURGICAL, INC. Attn: Janet Phillips, Ph.D. Co-founder & CEO 20975 Swenson Drive Suite 350 Waukesha, WI 53186
That statement must include:
- (a) Your name, address, telephone number, and/or e-mail address.
- (b) The signature of a person or authorized representative of that person who claims to own the intellectual property rights in the content.
- (c) Identification of the copyrighted work claimed to have been infringed.
- (d) Identification of the material that is claimed to be infringing or is claimed to be defamatory with information sufficient to permit us to locate the material.
- (e) A statement that you have a good faith belief that use of the material, in the manner complained, of is not authorized by the copyright or other proprietary right owner, its agent, or the law.
- (f) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed or on behalf of the person defamed.
If you violate this Agreement, VECTOR SURGICAL reserves the right to immediately terminate your further access to the Website.
Choice of Law, Jurisdiction and Venue
This Agreement is governed by the laws of the State of Wisconsin, United States of America, without regard to the conflicts of laws rules of the State of Wisconsin or of any other jurisdiction. Any claim arising out of or in connection with this Agreement, or the use of this Website, must be commenced within one year after the act giving rise to such claim, and must be brought only in the state or federal courts located in Milwaukee County in the State of Wisconsin, United States of America.
VECTOR SURGICAL may modify this Agreement from time to time without prior notice. All changes will be posted to this Website, and your continued access or use of the Website is deemed acceptance of the modified terms.
Severability; No Waivers
If any provision of this Agreement is found invalid by any court having competent jurisdiction, the remaining provisions of the Agreement shall remain in full force and effect. No waiver of any provision of this Agreement shall be deemed a further or continuing waiver of the Agreement.
Except as expressly provided in a written signed agreement between the parties, this Agreement constitutes the entire agreement between VECTOR SURGICAL and you with respect to the access to or use of the Website or its Content.