PLEASE READ THESE TERMS OF USE CAREFULLY.\u00a0These terms of use describe the rules for users (\u201cyou\u201d or \u201cyour\u201d) of any Pneumotronics website (\u201cPneumotronics website\u201d). A Pneumotronics website may be used only for information purposes and, in certain circumstances, to place secured orders according to the applicable Pneumotronics User Agreement. By using a Pneumotronics website or uploading materials to a Pneumotronics website, you agree to abide by the terms of use set forth in this notice (\u201cTerms of Use\u201d) and Pneumotronics\u2019s Privacy Statement (\u201cPrivacy Statement\u201d). If you do not agree to abide by the Terms of Use and the Privacy Statement, do not use a Pneumotronics website in any manner including but not limited to uploading or downloading any information or material.<\/p>\n
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All Pneumotronics websites are owned and operated by Pneumotronics. \u201cPneumotronics\u201d is the name we use to refer to our whole business, including Pneumotronics Corporation and any of the companies that it controls such as its subsidiaries, divisions and affiliates.<\/p>\n
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By accessing a Pneumotronics website, you agree to the following terms. If you do not agree to the following terms, please note that you are not allowed to use any Pneumotronics websites. The Terms of Use and Privacy Statement apply to all Pneumotronics websites. Pneumotronics and its affiliates also operate other websites. The Terms of Use may also apply to those other websites. Please review the Terms of Use posted on those other Pneumotronics websites when you visit them. Pneumotronics may change the Terms of Use at any time. By using a Pneumotronics website, you represent and warrant that you accept these and any future version of the Terms of Use. These Terms of Use were last updated on the date indicated at the end of this document.<\/p>\n
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The Terms of Use apply exclusively to your access to and use of any Pneumotronics website and do not alter the terms or conditions of any other agreement you may have with Pneumotronics or its parents, subsidiaries or affiliates regarding other topics than the use of any Pneumotronics website.<\/p>\n
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Please read our Privacy Statement to understand the privacy rules about your use of Pneumotronics websites. Except as written in any other user agreements, disclaimers, policies, terms of use, statements, or other notices on a Pneumotronics website, the Terms of Use and our Privacy Statement are the complete agreement between you and Pneumotronics with respect to your use of Pneumotronics websites. You may be subject to additional terms that may apply when you access particular services or materials on certain areas of a Pneumotronics website or by following links that take you away from a Pneumotronics website.<\/p>\n
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The information contained in Pneumotronics websites (i) are for general guidance on matters of interest only and shall not be assimilated to or substituted for professional advice including but not limited to medical, legal, or infection control advice, and (ii) do not constitute an offer of or solicitation for the purchase of products or services.<\/p>\n
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A reference to a Pneumotronics product or service on a Pneumotronics website does not imply that such product or service is or will be available in your country where it may be subject to different regulations and conditions of use. Such reference does not imply any intention on our part to sell this product or service in your country and you should always rely on product information especially created for your country. Pneumotronics\u2019s website contains information about products and services that may or may not be available in any particular country or region of the world, may be available under different trademarks in different countries and where applicable may be approved or cleared by a government regulatory body for sale or use with different indications and restrictions in different countries.<\/p>\n
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Although accessible by others, the product information on a public Pneumotronics website is intended for use by residents of the country where Pneumotronics operates that specific website unless designated by a national flag or regional symbol. Pneumotronics\u2019s websites may link to other websites produced by Pneumotronics\u2019s various operating divisions and subsidiaries, some of which are outside your home country. Those Pneumotronics websites may have information that is appropriate only to the particular originating country or region where the website is based. You should not construe anything on a linked website as a promotion or solicitation for any product or for the use of any product that is not authorized by the laws and regulations of the country where you are located.<\/p>\n
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Pneumotronics\u2019s websites may contain from time to time information related to various health, medical, sterilization, infection control, and healthcare facility management topics. Such information is not meant to be a substitute for the advice provided by a physician, infection control specialist, biomedical engineer, or other qualified professional. You should not use the information contained herein for diagnosing a health or fitness problem or disease, or for designing or validating sterilization processes. You should always consult a qualified professional to determine what courses of treatment, equipment configuration, or sterilization protocols, if any, may be appropriate for your specific situation.<\/p>\n
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Copyrights and Trademarks.\u00a0The contents of Pneumotronics\u2019s websites are protected by worldwide copyright and trademark laws. Any rights not expressly granted herein are reserved. Reproduction, transfer, distribution or storage of part or all of the contents in any form without the prior written permission of Pneumotronics is prohibited except in accordance with the following terms. Pneumotronics consents to you browsing Pneumotronics\u2019s websites on your computer and printing or downloading content only for your personal use for non-commercial purposes provided that such uses are not competitive with or derogatory to Pneumotronics; but no modification or further reproduction of the content is permitted. The content may otherwise not be copied or used in any way without the prior written consent from an authorized Pneumotronics representative. Individual documents on a Pneumotronics website may be subject to additional terms indicated in those documents.<\/p>\n
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The trademarks, service marks, trade names, trade dress and products contained in Pneumotronics\u2019s websites are protected internationally. Pneumotronics and the Pneumotronics logo are trademarks of Pneumotronics Corporation. Other product and company names mentioned in Pneumotronics\u2019s websites may be trademarks or trade names of their respective owners. Your access to Pneumotronics\u2019s websites should not be construed as granting, by implication, estoppel or otherwise, any license or right to use any marks appearing on Pneumotronics\u2019s websites without the prior written consent of an authorized Pneumotronics representative or the third-party owner thereof except to identify the products or services of the company.<\/p>\n
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If you believe that your intellectual property has been improperly used on a Pneumotronics website please contact Pneumotronics\u2019s Compliance Department at the address provided below.<\/p>\n
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Software.\u00a0Any software including any files, images generated by the software, code, source and destination, and data accompanying the software (collectively, \u201cSoftware\u201d), used or accessible by means of a Pneumotronics website may be used by you solely for accessing and using Pneumotronics\u2019s website for purposes and according to the conditions expressly stated on the Pneumotronics website. Pneumotronics retains full and complete title to and all intellectual property rights in the Software. You agree to neither copy, distribute, sell, modify or create derivative works from any part of the Software nor to decompile, reverse engineer or disassemble the same, unless permitted by applicable law.<\/p>\n
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User Representations.\u00a0In using any Pneumotronics website, you agree: (a) not to disrupt or interfere with the security of, or otherwise abuse, the Pneumotronics website, or any services, system resources, accounts, servers or networks connected to or accessible through the Pneumotronics website or affiliated or linked websites; (b) not to disrupt or interfere with any other user\u2019s enjoyment of the Pneumotronics website or affiliated or linked websites; (c) not to upload, post, or otherwise transmit through or on any Pneumotronics website any viruses or other harmful, disruptive or destructive files; (d) not to use or attempt to use another\u2019s account, service or system without authorization from Pneumotronics, or create or use a false identity on a Pneumotronics website; (e) not to transmit through or on a Pneumotronics website spam, chain letters, junk mail or any other type of unsolicited mass email to people or entities who have not agreed to be part of such mailings; (f) not to divulge your username and password to others either on or off the Pneumotronics website; (g) not to attempt to obtain unauthorized access to the Pneumotronics website or portions of the Pneumotronics website which are restricted from general access; and (h) not use a Pneumotronics website to seek, provide or obtain specific medical advice, infection control advice, or equipment validation opinions as applied to a particular facility, patient, or situation.<\/p>\n
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In addition, you agree that you are solely responsible for actions and communications undertaken or transmitted under your account, and that you will comply with all applicable local, state, national and international laws and regulations, including but not limited to export restrictions, that relate to your use of or activities on a Pneumotronics website.<\/p>\n
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For users accessing secured Pneumotronics websites for professional use in connection with healthcare facility operations, sterilization processes, or animal care, you expressly agree that you will not provide, discuss or refer to any information that violates applicable patient privacy laws (such as HIPAA) or any confidential information without proper authorization. You further expressly agree that you will not discuss, endorse or refer to uses of Pneumotronics products that are not in accordance with their intended use statements, operating manuals, or any applicable regulatory approvals.<\/p>\n
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Website Updates.\u00a0All content available through a Pneumotronics website, including but not limited to data, technical drawings, configurations, specifications, quote and order information and catalog listings are believed to be accurate. However, you should independently evaluate the accuracy of the information and the usefulness for your particular needs of any content, product or service available through any Pneumotronics website. Specifications for products and services are subject to change without notice and Pneumotronics reserves the right to make changes without notice to processing, materials or configuration. Pneumotronics does not guarantee that products or services that are listed online will be available at the time of your order.<\/p>\n
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Pneumotronics may terminate, change, suspend or discontinue any aspect of a Pneumotronics website, including the availability of any features, at any time. Pneumotronics may remove, modify or otherwise change any content, including that of third-parties, on or from a Pneumotronics website. Pneumotronics may impose limits on certain features and services or restrict your access to parts or all of a Pneumotronics website without notice or liability. Pneumotronics may terminate the authorization and rights provided herein and your use of any Pneumotronics website at any time in its sole discretion and upon such termination, you shall immediately destroy all materials that you have downloaded from any Pneumotronics website.<\/p>\n
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Links to Other Websites.\u00a0For your easy accessibility, Pneumotronics may include links to websites on the internet that are owned or operated by third-parties to which these Terms of Use do not apply. Pneumotronics is not responsible for the content of such other websites. You also agree that Pneumotronics has no control over the content on third-party websites and cannot assume any responsibility for material created or published by such third-party websites. Therefore, when linking to such a third-party website, you should review and agree to that website\u2019s rules of use before using such website. In addition, a summary and\/or link to a non-Pneumotronics website does not imply that Pneumotronics endorses the website or the products or services, or warrants the accuracy of any content referenced in such third-party website. Pneumotronics shall not be liable for any damages or injury arising from users\u2019 access to or inability to access such websites.<\/p>\n
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Links to a Pneumotronics Website.\u00a0All links to a Pneumotronics website must be approved in writing by Pneumotronics, except that Pneumotronics consents to links in which: (a) the link is a text-only link containing only the title of the home page of Pneumotronics\u2019s website, (b) the link \u201cpoints\u201d only to the home page of Pneumotronics\u2019s website and not to deeper pages, (c) the link, when activated by a user, displays this home page of Pneumotronics\u2019s website in full-screen and not within a \u201cframe\u201d on the linked website, and (d) the appearance, position, and other aspects of the link do not (i) create the false appearance that an entity or its activities or products are associated with or sponsored by Pneumotronics or its affiliates, or (ii) damage or dilute the goodwill associated with the name and trademarks of Pneumotronics or its affiliates. In any event you agree that Pneumotronics reserves the right to withdraw this consent to link without reason or notice and at any time and you further undertake to delete any link for which Pneumotronics\u2019s consent has been withdrawn.<\/p>\n
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Your Content and Ideas.\u00a0By submitting material to any of our servers, for example, by e-mail or via the internet, you agree that: (a) the material will not contain any item that is unlawful or otherwise unfit for publication; (b) you will use reasonable efforts to scan and remove any viruses or other contaminating or destructive features before submitting any material; (c) you own the material or have the unlimited right to provide it to us and Pneumotronics may publish the material free of charge and\/or incorporate it or any concepts described in it in our products without accountability or liability; (d) you agree not to take action against us in relation to material that you submit and you agree to indemnify us if any third-party takes action against us in relation to the material you submit; (e) does not violate the terms of this Agreement, Pneumotronics\u2019s Privacy Statement, or any other registered user agreement (if applicable); and (f) that you shall be responsible for the content and information contained therein, including all required consents, its truthfulness and accuracy.<\/p>\n
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Pneumotronics does not and cannot review the content posted by users on every Pneumotronics website and is not responsible for such content. Pneumotronics may at any time at its discretion remove any content posted by users.<\/p>\n
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Forward-Looking Statements.\u00a0Pneumotronics\u2019s websites may contain statements regarding future events or expectations, including but not limited to product development timelines, regulatory approvals, or market availability. These statements are based on current expectations and assumptions and involve risks and uncertainties. Actual results could differ materially. Pneumotronics undertakes no obligation to update any forward-looking statements as a result of new information or future events.<\/p>\n
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Any personally identifiable information transmitted to a Pneumotronics website is governed by Pneumotronics\u2019s Privacy Statement, which is incorporated by reference as if fully set forth in these Terms of Use. Pneumotronics shall be free to use or copy all other information in any such communications, including any ideas, inventions, concepts, techniques or know-how disclosed therein, for any purposes. Such purposes may include disclosure to third-parties and\/or developing, manufacturing and\/or marketing goods or services.<\/p>\n
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Warranty.\u00a0The use of any Pneumotronics website and the content therein is permitted for private, non-commercial use. The content in every Pneumotronics website is provided as a convenience to you. Pneumotronics will use reasonable efforts to include up-to-date and accurate information in its website but makes no representations, warranties or assurances as to the accuracy, currency or completeness of the information contained on any Pneumotronics website which are provided on \u201cas is\u201d and \u201cas available\u201d basis.<\/p>\n
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To the fullest extent permissible pursuant to applicable law, Pneumotronics and its affiliates disclaim all warranties of any kind, whether express or implied, including without limitation any warranty of merchantability, fitness for a particular purpose or non-infringement. You expressly agree that any use of a Pneumotronics website, including all content, data or software distributed by, downloaded or accessed from or through a Pneumotronics website is at your sole risk. You understand and agree that you will be solely responsible for any damage to your business, your computer system or loss of data that results from the download of such content, data and\/or software.<\/p>\n
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You acknowledge that Pneumotronics does not control in any respect any information, products or services offered by third-parties through any website including a Pneumotronics website. Except as otherwise agreed in writing, Pneumotronics and its affiliates assume no responsibility for and make no warranty or representation as to the accuracy, currency, completeness, reliability or usefulness of any advice, opinion, summary, statement or other content or of any products or services distributed or made available by third-parties through any third-party or Pneumotronics websites.<\/p>\n
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Pneumotronics does not make any warranty that its websites or its content will meet your requirements, or that a Pneumotronics website or its content will be uninterrupted, timely, secure, or error free or that defects, if any, will be corrected. Nor does Pneumotronics make any warranty as to the results that may be obtained from use of a Pneumotronics website or its content or as to the accuracy, completeness or reliability of any information obtained through use of any Pneumotronics website.<\/p>\n
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Pneumotronics assumes no responsibility for any damages suffered by a user, including, but not limited to, loss of data from delays, nondeliveries of content or email, errors, system down time, misdeliveries of content or email, network or system outages, file corruption, or service interruptions caused by the negligence of Pneumotronics, its affiliates, its licensors, or a user\u2019s own errors and\/or omissions.<\/p>\n
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Except as otherwise provided under applicable laws and regulations regarding the security of personal data, Pneumotronics disclaims any warranty or representation that confidentiality of information transmitted through a Pneumotronics website will be maintained.<\/p>\n
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No advice or information, whether oral or written, obtained by you from Pneumotronics or third-parties through any Pneumotronics website shall create any warranty.<\/p>\n
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Some jurisdictions do not allow the limitation or exclusion of certain warranties or conditions, so some of the above exclusions may not apply to you.<\/p>\n
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Limitation of Liability.\u00a0TO THE EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, SHALL Pneumotronics OR ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM OR IN CONNECTION WITH THE USE OF OR THE INABILITY TO USE A Pneumotronics WEBSITE OR ANY CONTENT CONTAINED ON A Pneumotronics WEBSITE, OR, EXCEPT AS OTHERWISE PROVIDED UNDER APPLICABLE LAWS AND REGULATIONS REGARDING THE SECURITY OF PERSONAL DATA, RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR OTHER INFORMATION THAT IS SENT OR RECEIVED OR NOT SENT OR RECEIVED, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF Pneumotronics HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE PARTIES ACKNOWLEDGE THAT THIS IS A REASONABLE ALLOCATION OF RISK. SOME JURISDICTIONS DO NOT ALLOW EXCLUSION OF CERTAIN WARRANTIES OR LIMITATIONS OF LIABILITY, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THE LIABILITY OF Pneumotronics WOULD IN SUCH CASE BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.<\/p>\n
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Applicable Law.\u00a0These Terms of Use shall be governed by the laws of the jurisdiction in which Pneumotronics has its principal place of business, without regard to its conflict of laws principles, and any claims shall be determined in the competent courts of that jurisdiction. Should any provision in these Terms of Use be found invalid or unenforceable for any reason, then that provision shall be deemed severable from, and shall not affect the validity or enforceability of, the remaining provisions.<\/p>\n
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Contact Pneumotronics.\u00a0If you have any questions about these Terms of Use, please write to:<\/p>\n
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