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Terms & Conditions
POBA Medical, Inc. Website Terms of Use
PLEASE READ THESE TERMS OF USE (“Terms” or “Terms of Use”) CAREFULLY BEFORE USING THIS WEBSITE OPERATED BY POBA MEDICAL, INC., OR ONE OF ITS WHOLLY OWNED SUBSIDIARIES (Collectively “POBA”, “us”, “we”, or “our”).
By using the website you agree to these Terms of Use and that these Terms have the same force and effect as a signed agreement. If you do not agree to these Terms, do not use the website. POBA reserves the right, at our discretion, to change, add or remove portions of these Terms at any time. Please check these Terms periodically for changes. Your continued use of the website after any change(s) will mean that you accept those changes.
This website is intended for use by the general public and is only for users over the age of 18.
THE WEBSITE AND ALL CONTENT, MATERIALS, INFORMATION, PRODUCTS AND SERVICES PROVIDED ON THE SITE, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. POBA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND SECURITY AND ACCURACY, AS WELL AS ALL WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING, OR COURSE OF PERFORMANCE. POBA MAKES NO WARRANTY THAT: (A) THE SITE WILL MEET YOUR REQUIREMENTS; (B) THE SITE WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR ANY SERVICES OFFERED THROUGH THE SITE WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS.
ANY CONTENT, MATERIALS, OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK. POBA SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, OR INFORMATION.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM POBA OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
IN NO EVENT SHALL POBA BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, ARISING FROM YOUR ACCESS TO, OR USE OF, THE SITE OR ANY SERVICES PROVIDED THROUGH THE SITE, EVEN IF POBA WAS ADVISED THAT SUCH DAMAGES WERE LIKELY OR POSSIBLE. THIS LIMITATION ON LIABILITY APPLIES TO, BUT IS NOT LIMITED TO, THE TRANSMISSION OF ANY DISABLING DEVICE OR VIRUSES WHICH MAY INFECT YOUR EQUIPMENT, FAILURE OR MECHANICAL OR ELECTRONIC EQUIPMENT OR COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECT PROBLEMS (E.G., YOU CANNOT ACCESS YOUR INTERNET SERVICE PROVIDER), UNAUTHORIZED ACCESS, THEFT, BODILY INJURY, PROPERTY DAMAGE, OPERATOR ERRORS, STRIKES OR OTHER LABOR PROBLEMS OR ANY FORCE MAJEURE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. BY USING THIS WEBSITE, YOU AGREE THAT THE EXCLUSIONS AND LIMITATIONS OF LIABILITY SET OUT IN THESE TERMS ARE REASONABLE. IF YOU DO NOT THINK THEY ARE REASONABLE, YOU MUST NOT USE THIS WEBSITE.
You agree to and do hereby indemnify POBA, its parents, subsidiaries, affiliates, shareholders, directors, officers, employees and agents, harmless from any claim, demand, liability, expense, or loss, including reasonable attorneys’ fees, made by any third party due to or arising out of, or in any way connected with your use of or access to the website or your violation of these terms.
The Website makes use of cookies. Please read POBA’s Privacy Policy and/or Cookie Policy for disclosure on POBA’s use of cookies.
Restrictions on Use of Materials
Unless otherwise noted, all “Materials,” including but not limited to company logos, images, illustrations, designs, icons, photographs, video clips, flash and Macromedia movies, text and graphics that are part of this website are copyrights, trademarks and/or other intellectual properties owned, controlled, registered or licensed by POBA. All trademarks, service marks, and trade names are
proprietary to POBA. Nothing contained herein transfers any right, title, or interest in the Site or the Content to you
POBA has used reasonable efforts in collecting, preparing and providing quality content and Material for display on this website, but it does not warrant or guarantee the accuracy, completeness, adequacy or timeliness of the information contained in or linked to this website. Users of content from this website or links do so at their own risk.
You may download, view, copy and print Content, subject to the following:
(a) the Content may be used solely for personal, informational, or internal business purposes;
(b) any and all copyright, trademark and other proprietary rights notices must appear on all copies;
(c) the Content may not be modified or altered in any way; and
(d) no graphics may be used separate from accompanying text.
Except as provided above, you may not use, download, upload, copy, print, display, perform, reproduce, publish, license, post, transmit, frame, mirror on another web service, use any meta tags, inline any graphics or distribute any Content or information from the Site in whole or in part without the express permission of POBA. Any rights not expressly granted herein are reserved. Please be advised that POBA enforces its intellectual property rights to the fullest extent of the law.
Any reference made by this website to any specific commercial product, process, or service (or provider of such product, process or service) other than of POBA by trade name, trademark, hyperlink, or otherwise, does not constitute or imply an endorsement, recommendation, or favoring by POBA.
Any references to products or services on the Site do not imply that POBA intends to announce or offer these products or services in your country.
Any messages, suggestions, ideas, postings or concepts (together, “Communications”) that are submitted to POBA via this website shall become, and remain the property of POBA and POBA is not responsible for the confidentiality of any information contained in such Communications submitted to this Website.
POBA reserves the right to modify or discontinue the website (or any portion of the website), temporarily or permanently, with or without notice to you, and is not obligated to support or update the website. POBA shall not be liable to you or any third party in the event that POBA exercises its right to modify or discontinue the website (or any portion of the website). Unless explicitly stated
otherwise, any new features that augment or enhance the current website shall be subject to these Terms.
Linking to this Website
Unless you have a written agreement in effect with POBA which states otherwise, you may only provide a hypertext link to the website homepage or other pages within the website on another website, provided that
(a) the link must be a text-only link clearly marked with an accurate, identifying name such as “pobamedical.com” or a similarly neutral, identifying name
(b) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with POBA’s name and trademarks
(c) the appearance, position and other aspects of the link may not create the false appearance that an entity is associated with or sponsored by POBA
(d) POBA reserves the right to revoke its consent to the link at any time, in its sole discretion, and you shall discontinue using the link immediately upon notice from POBA.
This website may contain forward looking statements that involve risks and uncertainties, including technological advances in the medical field, product demand, market acceptance, regulatory uncertainties, the effect of economic conditions and the impact of competitive products. The forward looking statements are based on estimates and assumptions made by management of the Company and are believed to be reasonable, though are inherently uncertain and difficult to predict. Actual results and experience could differ materially from the forward looking statements.
It is our policy to respect the privacy of all guests of the website; therefore, we request that you take time to read our Privacy Policy [https://www.pobamedical.com/privacy-policy/] to learn more about our methods.
If any provision of these Terms is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of these Terms. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
Contact Information If you have any questions regarding these Terms of Use, please contact lorenzoj@pobamedical.com.
