Terms and Conditions
Read the terms and conditions set forth on this page (the “Terms”) carefully. Aspen Medical Products, LLC, (“ASPEN”) owns this site and any pages of this site (collectively, this “Site”). The Terms govern any and all access, viewing and/or use this Site, whether or not linked thereto from any other site or page, and any such access, viewing and/or use by any visitor, viewer or user of this Site (“You” or “Your”). If You do not accept the Terms as a condition for any access, viewing and/or use, do not access or use or further view this Site or any part thereof.
ASPEN owns this Site, any page thereof, and any document, image, textual, graphic, pictorial, and audio-visual material, and information in or on this Site or such page (collectively, “Content”). ASPEN reserves the right to modify, change, alter, add to, delete from or amend the Terms, this Site and/or any Content in its sole discretion at any time without notice. By accessing or using this Site, You accept any such modification, change, alteration and amendment.
This Site and any Content is designed to comply with laws and regulations of the United States. Although it may be accessible by others, this Site and the Content are intended for access, viewing and/or use by residents of the United States only. ASPEN makes no representation that this Site or any Content is appropriate for access, viewing and/or use in any other country or jurisdiction. If You choose to access, view and/or use this Site or any Content from outside the United States, You do so on Your own initiative and are solely responsible for compliance with applicable local laws and regulations and will not hold ASPEN liable or responsible in connection with any such access, viewing and/or use.
The Content may, from time to time, contain information related to medical conditions, treatments and devices. This Site does not purport to provide You with medical advice of any kind whatsoever. You should consult a physician or other medical professional for any advice regarding any medical condition, treatment or device. Unless otherwise noted, product names, descriptions and labeling are of U.S. origin. Products may not be available, or may be available under a different name or designation, under different terms or for different indications, in any other country or jurisdiction. Any product listed or mentioned on this Site may be discontinued or not be available even if it is listed or mentioned on this Site. Many of the products listed are available only by prescription through Your local medical professional. ASPEN does not provide any information or advice whether, to what extent or under what conditions any insurance, health-care provider or government or private health-care program may cover the costs or expenses for or in connection with any product. This Site and any Content contains or may contain information and/or statements that are forward-looking and involve risk and uncertainties, including, without limitation, risk associated with the inherent uncertainty of medical research, product development and commercialization, the impact of competitive products, patent, product liability and third-party reimbursement risk associated with the medical industry, and other risks and uncertainties. Actual results may differ from such forward-looking information.
You may download onto Your personal computer any Content for the sole purpose of lawfully accessing and perceiving the Content on such computer for Your personal non-commercial use on the condition that any copyright, trademark, patent or other proprietary rights notices related to such Content appearing on this Site or such Content are downloaded together with such Content and such notices are not changed, altered, deleted, or covered in any way.
2. Restrictions on Use
Other than as permitted under Section 1 of these Terms, without ASPEN’s prior written consent or if it is expressly and specifically permitted by ASPEN on this Site, the Content or any part thereof may not be, directly or indirectly, (i) copied, reproduced, downloaded, uploaded, transmitted, sent, e-mailed, changed, altered or added to, or used in any way to create a derivative work therefrom, or (ii) stored or used on or in a networked computer environment, other website or webpage, bulletin board, blog, messaging board, publication, or any electronic, digital, tangible, audio, visual, or audio-visual medium, or (iii) used for any marketing, advertising, or commercial purpose, or in any manner or for any purpose that is unlawful or infringes or violates any rights (including, without limitation, any intellectual property rights, privacy rights, personal rights, commercial rights, civil rights, or constitutional rights) of any person or entity. You agree that ASPEN shall be the sole owner of any copyright and other intellectual property and ownership rights in any derivative work created from any Content or part thereof, whether with or without ASPEN’s consent.
You may provide us with any lawful comment, remark, suggestion, critique, story, statement, idea, photo, image, and document or material of any kind (collectively, “Submissions”) by mail or e-mail as instructed on this Site as long as the Submission does not violate any law or right of any person or entity and is not threatening, libelous, slanderous, defamatory, or pornographic. ASPEN does not return any Submissions; thus, please do not submit originals or documents You would like to keep. By submitting a Submission, You transfer and assign sole ownership in such Submission, and any copyright and other intellectual property right therein and thereto, to ASPEN. ASPEN may reproduce, copy, display, publish, perform, disseminate, distribute, sell, lease, dispose of, create derivative works from, commercialize, and in any way use and utilize (collectively, “Use”) the Submission, for any commercial or other purpose, without paying You any fee, royalty, or other value, and without reimbursing, compensating or being liable to You or any person for, the Submission, any Use of the Submission, any cost or expense of submitting the Submission, or the loss, destruction or disposal of the Submission. Any Submission submitted by You is submitted at Your own risk. ASPEN is not required to make Use of any Submission and reserves the right to reject or refuse any Submission or any ownership rights in or responsibility for any Submission; and any Use made by ASPEN is in ASPEN’s sole and absolute discretion.
ASPEN’s use of Your personal data is governed by ASPEN’s Privacy Statement, which is not subject to any of the disclaimers and limitations of liability contained in these Terms.
YOU ACCESS AND USE THE SITE AND ANY CONTENT IN OR ON THE SITE AT YOUR OWN RISK. ASPEN PROVIDES ANY ACCESS AND USE TO THE SITE AND ANY CONTENT IN OR ON THE SITE ON AN “AS IS” “WHERE IS” BASIS. ASPEN DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR COVENANTS WITH REGARD TO OR IN CONNECTION WITH THE SITE, ANY CONTENT ON THE SITE, OR THE USE OR ACCESSIBILITY OF ANY CONTENT ON THE SITE. ASPEN DISCLAIMS ANY REPRESENTATIONS, WARRANTIES AND COVENANTS, EXPRESS, IMPLIED AND STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, WORKMANSHIP, TITLE, LICENSE, AND NON-INFRINGEMENT.
6. LIMITATION OF LIABILITY
YOU ARE RESPONSIBLE FOR PROVIDING, PAYING FOR, AND ENSURING ANY INTERNET CONNECTION AND THE USE OF ANY COMPUTER, HARDWARE AND SOFTWARE NECESSARY OR USED FOR ACCESSING AND USING THE SITE, AND FOR PAYING AND MAINTAINING SUCH CONNECTION, COMPUTER, HARDWARE AND SOFTWARE. ASPEN IS NOT LIABLE FOR ANY DAMAGES OR INJURY, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF DATA, LOSS OF BUSINESS, FAILURE OF PERFORMANCE, INACCESSIBILITY OF THE SITE OR ANY PAGE OR CONTENT HEREON, POSTING OR TAKING OFF ANY CONTENT FROM THE SITE, ERROR, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, VIRUS, WORK, LINE FAILURE, ACT OR OMISSION. TO THE FULLEST EXTENT PERMISSIBLE UNDER LAW, IN NO EVENT IS ASPEN, OR ANY OF ASPEN ’S OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR CONTRACTORS LIABLE FOR ANY DAMAGES OR LOSS, INCLUDING, WITHOUT LIMITATION, ANY INCIDENTAL, CONSEQUENTIAL, DIRECT, INDIRECT OR OTHER DAMAGES OF ANY KIND, LOSS OF PROFIT, OR TANGIBLE OR INTANGIBLE LOSS OR DAMAGES.
7. Links, Linked or Framed Sites, Framing
In some cases, ASPEN may post links to any sites or pages outside the Site, which are provided solely for Your convenience, and You access or use such links, sites or pages at Your own risk. In other cases, You may access the Site through the link on another website or page or framed by another site. In no event is ASPEN responsible or liable for any link, any site or page linked from the Site or linking to the Site, any site or page framed by the Site or part of it or framing the Site or any part of it, or for any contents, data, materials, software, code, virus, worm, or other thing contained in, transmitted by or affecting any such link, linked site or page, linking site or page, framed site or page, or framing site or page.
8. Marks and Copyrights
Unless identified otherwise, all documents, texts, textual and literary works, images and pictorial works, audio, visual, and audio-visual materials and works, screens, graphics, flash and similar executions, and any copyright in them, are owned by ASPEN or any entity or person affiliated with ASPEN. ASPEN is the owner of the numerous registered and unregistered trademarks and service marks and names, including, without limitation, the following: ASPEN, and the “ASPEN” logo. In addition, this Site may display or use marks and names of any third party, whether or not so identified on this Site. ASPEN does not grant, and nothing on or in connection with this Site or these Terms grants, You any right or license regarding any (i) of these marks and names, or any other trademarks, service marks, trade dress, trade name, corporate name, business name of ASPEN or any other person, entity or party, or (ii) copyrights or copyrighted materials, information, data, software or code of ASPEN (except to the extent necessary to access and use the Site as expressly set forth in these Terms) or any other person, entity, or party.
ASPEN is very protective of its intellectual property rights and reserves any rights and remedies it has against any infringement of its copyrights, trademarks or service marks, and other intellectual property rights. For example, downloading, transmitting, copying, modifying, changing or other activities not permitted under Section 1 of these Terms may constitute an infringement of ASPEN’s copyright, trademark or service mark, or other intellectual property rights. ASPEN reserves exercising all rights and seeking all remedies to immediately stop any infringement or other violation of its rights (such as libel, slander, defamation, or any tortuous conduct) and seek compensation for any damages sustained as a result of the infringement or violation of its rights.
9. No Obligation to Maintain Site; Termination
ASPEN has no obligation or duty to maintain or keep the Site accessible. ASPEN may, at any time, with or without prior notice, suspend, shut down, prevent access, undertake maintenance, or take any other action or engage in any omission, without being liable to You or anyone else.
ASPEN or You may terminate this agreement and any and all rights to access and use the Site as set forth in the Terms at any time, with or without specific notice. For example, You agree that ASPEN may terminate by simply blocking Your access to the Site (unless such blocking of access is illegal under applicable law), closing the Site, or taking any other action or engaging in any omission. You may terminate this agreement by irrevocably deleting and destroying any copies and installations of the Site and any Content. Upon termination of this Agreement by ASPEN or You, You must irrevocably delete and destroy any such copies and installations.
You and ASPEN are independent contractors, each without the power or authority to bind, contract or commit the other. ASPEN is not, and nothing in the Terms, on this Site or in any Content shall be interpreted that, directly or indirectly, ASPEN is a partner, joint venturer, co-owner or otherwise participant in a joint or common undertaking with You, or that ASPEN is an employer or agent of You or that You are an employee or agent of ASPEN.
Nothing in these Terms, on this Site, or in or on any Content, or any act or omission, including, without limitation, selection or seeking or failure to select or seek a certain right or remedy, constitutes, and shall not be construed to constitute, any waiver of any right or remedy provided under this Agreement or a breach of this Agreement must be express and written.
Should any section, or portion thereof, of these Terms be held invalid by reason of any law existing now or in the future in any jurisdiction by any court of competent authority or by a legally enforceable directive of any governmental body, such section or portion thereof shall be validly reformed so as to approximate the intent of these Terms as nearly as possible and, if unreformable, shall be deemed divisible and deleted with respect to such jurisdiction; these Terms shall not otherwise be affected.
These Terms constitute the entire terms and agreement regarding the access and use of this Site, any Content, and any Submissions. ASPEN may, at any time, without the need for notice, assign, transfer, convey, or delegate any rights or obligations under these Terms.
THESE TERMS, AND THE INTERPRETATION AND ENFORCEMENT OF ANY RIGHTS AND OBLIGATIONS IN CONNECTION WITH OR SET FORTH IN THESE TERMS, SHALL BE GOVERNED BY THE LAWS OF THE STATE OF CALIFORNIA, UNITED STATES OF AMERICA, WITHOUT REGARD TO ANY CONFLICT OF LAWS PRINCIPLES THAT MAY REQUIRE THE APPLICATION OF THE LAWS OF ANY OTHER JURISDICTION. EXCEPT FOR ANY LITIGATION OR PROCEEDING BY ASPEN TO OBTAIN ANY INJUNCTIVE RELIEF, ASPEN AND YOU HEREBY CONSENT AND SUBMIT TO THE EXCLUSIVE JURISDICTION OF COMPETENT STATE AND FEDERAL COURTS IN THE STATE OF CALIFORNIA FOR ANY LITIGATION OR PROCEEDING IN CONNECTION WITH THESE TERMS, THE SITE, ANY CONTENT, ANY SUBMISSION, ANY PERSONAL INFORMATION, AND ANY OTHER MATTER RELATED THERETO, AND TO THE VENUE OF SUCH LITIGATION OR PROCEEDING IN ORANGE COUNTY, CALIFORNIA, UNITED STATES OF AMERICA.