Last Updated: September 2018
Who Are We?
https://cydarmedical.com is a website (referred to as the “Site”) of CYDAR. When we use the terms "We" "us", "our" or “CYDAR” then:
- if you are visiting this Site from the United States of America, we refer to CYDAR Inc.; and
- if you are visiting this Site from elsewhere, we refer to CYDAR Limited.
CYDAR Limited and CYDAR Inc. and any other companies under common ownership (either wholly or by majority) from time to time are our "Group".
More details about us can be found at https://cydarmedical.com/about-us.
What Is this Document?
This page sets out certain information about CYDAR and the Terms and Conditions (“Terms”) that you agree to by accessing this Site.
Our Proprietary Rights; Intellectual Property
This Site, including without limitation the intellectual property rights subsisting in its content, source code, design, navigational layout and databases ("Materials"), is owned by or licensed to CYDAR or its Group. All rights not explicitly granted to you are reserved by CYDAR. In the event you provide comments, suggestions or recommendations to CYDAR related to the Site (including, without limitation, regarding modifications, enhancements, improvements or other changes to the Services) (collectively, "Feedback"), you hereby grant to CYDAR a world-wide, royalty-free, irrevocable, perpetual license to use and otherwise incorporate any Feedback provided.
You may use the Site and its Materials only if you comply with these Terms.
CYDAR is a trade mark of CYDAR Limited, registered in certain jurisdictions.
Use of Materials from this Site
If you wish to copy or use any Materials, including without limitation any image, logo or excerpt from this Site, you must contact us first for permission, which is at our absolute discretion. Unless we grant you explicit permission in writing, you are not permitted to use such Materials other than directly for the purpose, and for the temporary period, of your browsing this Site for your honest, bona-fide personal use.
We reserve all of our legal rights and remedies in respect of misuse of Materials from this Site.
You may only access this Site in compliance with all applicable laws, regulations and codes of conduct, and for your honest, bona-fide personal use.
You may only access this Site using a desktop or mobile web browser. You must not (for example) automatically or programmatically access this Site, including without limitation through the use of 'screen scraping'.
You must not:
- use the Site to harm CYDAR, including without limitation to build a similar website;
- attempt to access any part of this Site which is not clearly and obviously made available to you via the public navigational menus and links on this Site;
- transmit inappropriate data, including without limitation any data that in any way violate or infringe upon the intellectual property rights or the privacy or publicity rights of any person or entity or that may otherwise be unlawful or give rise to civil or criminal liability;
- attack our Site via a denial of service (distributed or otherwise) or any other attack;
- try to reverse engineer or decode any technology or protocol used for the technical operation or administration of this Site; or
- try to gain access to any hidden, non-public or protected area of this Site, without prior written permission from us.
Availability of the Site and Materials
CYDAR cannot guarantee that there will be no interruptions to or errors in the Site or in its Materials; nor does it warrant that the Site or its Materials are up-to-date, accurate or compatible with your or any third-party equipment or software, or free from viruses or malware.
You must not rely on the Materials on this Site for any particular purpose. Access to this Site and the use of the Materials contained on this Site is the exclusive responsibility of the user. If you are an end-user or patient of our services we advise you to contact your healthcare institution to receive the relevant information or materials for your own use.
CYDAR provides the site "as is," "with all faults" and "as available." the the fullest extent permitted by law, CYDAR makes no – and specifically disclaimers – all warranties of any kind, whether express or implied, statutory or otherwise, including, without limitation, any warranty that the site will be uninterrupted, error-free, or free of harmful components, that any data you provide will be secure or not otherwise lost or damaged, or any implied warranty arising out of any course of performance, course of dealing or usage of trade. some jurisdictions do not allow the foregoing exclusions. In such an event such exclusion will not apply solely to the extent prohibited by applicable law.
To the extent permitted by law, you will defend, indemnify and hold CYDAR harmless from any damages, liabilities, claims or demands (including without limitation costs and attorneys’ fees) made by any third party due to or arising out of (i) your use of the Site; (ii) your violation of these Terms; or (iii) your violation of any law or the rights of any third party. CYDAR reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify CYDAR, and you agree to cooperate with our defense of such claims. You agree not to settle any such claim without CYDAR’s prior written consent. CYDAR will use reasonable efforts to notify you of any such claim or demand that is subject to your indemnification obligation.
Limitation of Liability
To the fullest extent permitted by applicable law, in no event will CYDAR, its group, officers, employees, agents, suppliers, or licensors be liable for any direct, indirect, incidental, special, punitive or consequential damages (including, without limitation, any loss, damage or injury resulting from the malfunction of the site, any breach of security of the site, any lost profits or lost revenue), however caused, under any theory of liability, including, without limitation, contract, tort (including, without limitation, negligence), warranty, breach of statutory duty, or otherwise, even if CYDAR has been advised as to the possibility of such damages. Some jurisdictions do not allow the limitation of certain losses, including without limitation incidental, consequential or other damages. This clause will apply to you only to the fullest extent permitted by law.
CYDAR assumes no responsibility whatsoever in respect of connection to the content of third-party web sites linked to from the Site; nor does it guarantee the absence of viruses, security or integrity of the content of any third-party web site.
Linking to our Site
You may link to our home page, provided you do so in a way that is fair and legal and does not damage or take advantage of our reputation. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. Our Site must not be framed on any other site, nor may you create a link to any part of our Site other than the home page. We reserve the right to withdraw linking permission without notice.
CYDAR reserves the right, at any time and without prior warning, to alter or update the Site, including without limitation these Terms. The date upon which these Terms were last updated is shown above. Any changes will be effective upon our posting of the revised version of these Terms (or such later effective date as may be indicated at the top of the revised Terms). Please do check back here from time to time to make sure that you remain fully aware of your obligations. Your continued access or use of the Site constitutes your acceptance of such changes.
Governing Law & Jurisdiction
If you are visiting this Site from the United States: The laws of the State of New York, USA govern the interpretation of these Terms and apply to claims for breach of these Terms, without giving effect to conflict of laws principles. All other claims, including without limitation claims regarding unfair competition laws, and in tort will, only to the extent required by applicable law, be subject to the laws of your state of residence in the United States. You and we irrevocably consent to the exclusive jurisdiction and venue of the state or federal courts for New York, New York, USA, for all disputes arising out of or relating to these Terms.
If you are visiting this Site from outside of the United States: These Terms and the formation of this agreement (and any non-contractual disputes or claims between us) are governed by English law. The courts of England and Wales will have exclusive jurisdiction over these Site Terms (including without limitation as to their formation or validity) and/or any dispute arising out of or relating to the Site.
Nothing in these Terms is meant to restrict or prevent you from exercising any legal rights which cannot be so restricted or prevented according to applicable laws.
Severability; Entire Agreement
These Terms apply to the maximum extent permitted by relevant law. If a court holds that we cannot enforce a part of these Terms as written, we will replace that portion of the Terms to the extent enforceable under the relevant law; however, the rest of these Terms will remain in effect. These Terms constitute the entire contract between you and us regarding the Site. The Terms supersede any prior contract or oral or written statements regarding your use of the Site.
Assignment and Transfer
We may assign, transfer, or otherwise dispose our rights and obligations under this contract, in whole or in part, at any time without notice. You may not assign this contract or transfer any rights to use the Site.
Any failure by CYDAR to insist upon or enforce strict performance of any of the provisions of these Terms or to exercise any rights or remedies under these Terms will not be construed as a waiver or relinquishment to any extent of our right to assert or rely upon any such provision, right or remedy in that or any other instance; rather, the same will remain in full force and effect.