TERMS AND CONDITIONS OF USEPlease read these terms and conditions carefully before using this Web site. BY USING THIS WEB SITE, YOU SIGNIFY YOUR AGREEMENT TO THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT USE THIS WEB SITE.
This Web site (“Site”) is provided by Cardiac Science Corporation (“CARDIAC SCIENCE” or “we”) and may be used for informational purposes only. Information you read on this Site cannot replace the relationship that you have with your healthcare professional or distributor. CARDIAC SCIENCE does not practice medicine or provide medical services or advice and the information on this Site should not be considered medical advice. You should always talk to your healthcare professional for diagnosis and treatment. Health information changes quickly. Therefore, it is always best to confirm information with your health care professional.
By using this Site or downloading materials from this site, you agree to abide by these terms and conditions. If you do not agree to abide by these terms and conditions, do not use this Site or download materials from this Site.
Limited LicenseSubject to the terms and conditions set forth herein, CARDIAC SCIENCE grants you a non-exclusive, non-transferable, limited right to access, use and display this Site and the materials thereon (the “Materials”). You agree not to interrupt or attempt to interrupt the operation of this Site in any way.
CARDIAC SCIENCE authorizes you to view and download the Materials at this Site only for your personal, non-commercial use. ANY OTHER USE REQUIRES OUR SPECIFIC PERMISSION.
The authorization set forth above is not a transfer of title in the Materials or copies of the Materials, and the authorization is subject to the following restrictions: (1) you must retain, on all copies of the Materials downloaded, all copyright and other proprietary notices contained in the Materials; and (2) you may not modify the Materials in any way or reproduce or publicly display, perform, or distribute or otherwise use them for any public or commercial purpose UNLESS CARDIAC SCIENCE GRANTS YOU SPECIFIC PERMISSION TO DO SO. You agree to abide by all additional restrictions displayed on this Site as it may be updated from time to time. This Site, including all Materials, is the property of CARDIAC SCIENCE or its licensors is copyrighted and protected by worldwide copyright laws and treaty provisions. You agree to comply with all copyright laws worldwide in your use of this Site and to prevent any unauthorized copying of the Materials. Except as expressly provided herein, CARDIAC SCIENCE does not grant any express or implied right to you under any patents, trademarks, copyrights, or trade secret information.
DisclaimerTHE MATERIALS MAY CONTAIN INACCURACIES, TYPOGRAPHICAL ERRORS, OR OTHER ERRORS OR OMISSIONS. CARDIAC SCIENCE DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE MATERIALS OR THE RELIABILITY OF ANY ADVICE, OPINION, STATEMENT, OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THIS SITE. YOU ACKNOWLEDGE TO CARDIAC SCIENCE THAT ANY RELIANCE ON ANY SUCH OPINION, ADVICE, STATEMENT, MEMORANDUM, OR INFORMATION SHALL BE AT YOUR SOLE RISK. CARDIAC SCIENCE RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO CORRECT ANY ERRORS OR OMISSIONS IN ANY PORTION OF THIS SITE. CARDIAC SCIENCE MAY MAKE ANY OTHER CHANGES TO THIS SITE, THE MATERIALS AND THE PRODUCTS, PROGRAMS, SERVICES OR PRICES (IF ANY) DESCRIBED IN THIS SITE AT ANY TIME WITHOUT NOTICE.
THIS SITE, THE INFORMATION AND MATERIALS ON THE SITE, AND THE SOFTWARE MADE AVAILABLE ON THE SITE, ARE PROVIDED "AS IS" WITHOUT ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, OR FITNESS FOR ANY PARTICULAR PURPOSE. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE, ALL SITE-RELATED SERVICES, AND LINKED WEB SITES. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY CARDIAC SCIENCE OR ITS AUTHORIZED REPRESENTATIVES WILL CREATE A WARRANTY OF ANY KIND. SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
Limitation of DamagesIN NO EVENT SHALL CARDIAC SCIENCE OR ANY OF ITS SUBSIDIARIES BE LIABLE TO ANY ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION, OR PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM) THAT ARE RELATED TO THE USE OF, OR THE INABILITY TO USE, THIS SITE OR THE CONTENT, MATERIALS, OR FUNCTIONS OF THIS SITE OR ANY LINKED WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND EVEN IF CARDIAC SCIENCE IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THIS SITE IS TO STOP USING THIS SITE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
ChangesCARDIAC SCIENCE reserves the rights, at its sole discretion, to change, modify, add, or remove any portion of these terms and conditions in whole or in part, at any time. Changes in these terms and conditions will be effective when such changes are posted. Your continued use of this Site after any changes to these terms and conditions are posted will be considered acceptance of those changes.
CARDIAC SCIENCE may terminate, change, suspend, or discontinue any aspect of this Site, including the availability of any features of this Site, at any time. CARDIAC SCIENCE may also impose limits on certain features and services or restrict your access to parts or the entire Site without notice or liability. CARDIAC SCIENCE may terminate the authorization, rights, and license given above and, upon such termination; you shall immediately destroy all Materials and cease use of the Site.
Forward-Looking StatementsElements on this Web site (including the Cardiac Science blog) may contain forward-looking statements. The words "believe," "expect," "intend," "anticipate," variations of such words, and similar expressions identify forward-looking statements, but their absence does not mean that the statement is not forward-looking. Forward-looking statements in this Web site may include, but are not limited to, those relating to Cardiac Science Corporation sales, potential sales, and the resulting impact on operating results; product development and new product launches; strategic initiatives such as potential acquisitions and potential distribution and other strategic alliances. These are forward-looking statements for purposes of the safe harbor provisions under the Private Securities Litigation Reform Act of 1995. Actual results may vary significantly from the results expressed or implied in such statements. Factors that could cause or contribute to such varying results and other risks include:
- the impact of changing economic conditions in both North American and foreign markets on our business, operating results, and financial condition;
- other risks associated with doing business in foreign countries;
- risks associated with our reliance on distributors and other third parties, including difficulties in managing our distribution network and the possible loss or termination of key distributors;
- the highly competitive nature of the markets we do business in, including the potential negative impacts on our business and operating results from products introduced by our competitors and price and other competition;
- the impact of government regulation on our business, including the risk of product recalls or other corrective actions and costs and delays associated with obtaining regulatory licenses or clearances for our products;
- the risk of product liability claims;
- risks relating to acquisitions, including the possibility that we may have difficulties identifying compelling acquisition targets, financing acquisitions, acquiring targets on satisfactory terms, or integrating acquisitions that we consummate;
- other risks not noted here.
Worldwide Users and Choice of LawThis Site is controlled, operated, and administered by CARDIAC SCIENCE from its offices within the United States of America. CARDIAC SCIENCE makes no representation that this Site or the Materials are appropriate or available for use at other locations outside of the United States and access to the Materials from territories where the contents of this Site or the Materials are illegal is prohibited. You may not use this Site or export the Materials in violation of U. S. export laws and regulations. If you access this Site from a location outside of the United States, you are responsible for compliance with all local laws. These terms and conditions of use shall be governed by the laws of the State of Wisconsin, without giving effect to its conflict of laws provisions.
These terms and conditions of use constitute the entire agreement between CARDIAC SCIENCE and you with respect to your use of the Sites. Any cause of action you may have with respect to your use of the Site must be commenced within one (1) year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of these terms and conditions or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of these terms and conditions, and the remainder of these terms and conditions shall continue in full force and effect.