Terms of Use

VENTEC WEBSITE TERMS OF USE

(Date of Last Revision: October 10th, 2016)

The website www.venteclife.com (hereinafter "the Site") is owned and operated by Ventec Life Systems Inc. (“Ventec,” “we,” or “us”). The Site provides informational content related to Ventec’s products and allows its vendors and distributors to purchase products and review the account history (the “Services”).

The Terms and Conditions of Use Agreement ("Terms of Use") and the Privacy Policy venteclife.com/privacypolicy constitute a binding agreement between you and Ventec. Please read carefully through all sections of these Terms of Use. Your access to and use of the Site is subject to these Terms of Use and all applicable laws. By registering with, creating an account, accessing and/or otherwise using the Site, or otherwise submitting your contact information to receive more information from us through the Site, you agree to be bound by these Terms of Use. If you do not agree to these Terms of Use, then you may not use the Site and you should not register with or submit your contact information to the Site. These Terms of Use may be changed by us from time to time without notice to you and the governing version will be posted on the Site. Please review the posted terms on a regular basis as your use of the Site will be governed by the then-current Terms of Use and Privacy Policy.

FDA and Product Development
Ventec is constantly developing new products. By using this site you understand that all medical products currently under development are subject to approval or denial by the Food and Drug Administration (FDA). Ventec makes no claims regarding the safety and effectiveness of its products prior to FDA approval. Products not yet approved by the FDA may not be sold in the USA. Prior to FDA approval, product details and all technical specifications are subject to change.

Usage Functionality
If you are a potential user or desire to purchase a Ventec product for your personal use or the personal use of a friend or relative, Ventec provides the Site solely to provide information to prospective users of our products. To order a product directly once it has been approved by the FDA or to speak to a customer representative, please call 1-844-MY-VOCSN.

If you are a vendor or distributor of Ventec products, the Site also provides these users the ability to register an account so that our vendors or distributors to purchase inventory or products, and/or review your account history.

User Registration
Certain users may be able to register in order to access certain features of the Site. If so, you will choose a user name and a password through the Site’s registration process. You are responsible for keeping your user name and password confidential. You are responsible for all activities and purchases (whether by you or by others) that occur under your password and account. You agree to notify us immediately of any unauthorized uses of your account or any other breach of security. Ventec cannot and will not be liable for any loss or damage arising from your failure to keep your account information protected.

By registering for an account on the Site, you assert that your information is true and accurate to the best of your knowledge. You agree not to submit false information such as name, company address, state of residence, email, and/or telephone number when registering on the Site. By registering with the Site, you consent to receive periodic communication from Ventec and its affiliates, employees, agents, representatives and any third party service provider of Ventec regarding your inquiry and/or obtaining the Services. For more information in how Ventec may use the information you provide during registration or otherwise provide to Ventec, please see the Privacy Policy at www.venteclife.com/privacypolicy.

Proprietary Rights
You may not use the contents of the Site in any manner or for any purpose that would constitute infringement of Ventec’s or its licensors’s intellectual property rights. You may not copy or post any content of the Site in any other public forum without the written consent of Ventec, including other websites, web services, or print publications. You may download and/or print one copy of individual pages of the Site or documents available for download for your personal, non-commercial use. Ventec or its licensors own all trademarks and service marks appearing on the Site. The unauthorized use or misuse of these trademarks and service marks is prohibited.

Payment
All payments will be processed using a third-party payment provider. Ventec does not collect or store your payment information. All payments will be governed by the terms of use of the third-party payment provider.

Your Communications to the Site
Except to the extent your content or communications includes Personal Data (defined in the Privacy Policy), by forwarding any content or communications to Ventec through the Site or by other electronic means, you thereby grant Ventec a perpetual, royalty-free, world-wide, irrevocable, non-exclusive license to use, reproduce, modify, adapt, publish, translate, create derivative works from, redistribute, and display such content and communications in any form for the purposes of providing the Services and any purpose tangentially related to the Services. No compensation will be paid with respect to Ventec’s or its sublicensees' use of your communications. Ventec is under no obligation to post or use any content and communications you may provide and may remove any content or communication at any time in Ventec’s sole discretion. By posting, uploading, inputting, providing or submitting content, you represent and warrant that you own or otherwise control all of the rights to your submitted content and communications as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the content and communications and grant the license above.

Prohibited Activities
The following activities are expressly prohibited from the Site:

  • Posting any information that is intended to convey any physical or medical information, questions, or concerns related to the care or diagnosis of a person to Ventec or its staff on this Site. All physical or medical information, questions, or concerns should be made by contacting your physician or qualified health professionals directly.
  • Creating a username in violation of anyone's trade secret, copyright, or other intellectual property right.
  • Creating a username that contains offensive content. Offensive content may include, but is not limited to, obscene language, obscene references, threatening or harassing messages, or defamatory statements.
  • Using or submitting any offensive content including, but not limited to, obscene language, obscene references, obscene images, threatening or harassing messages, or defamatory statements.
  • Engaging in activity that compromises the Site. Such activity may include, but is not limited to hacking, IP attacks, worms, viruses, spamming, phishing, cancel bots, Trojan horses, and mail bombing or crashing.
  • Engaging in any activity designed to impede the use of the Site by other users, including overloading and flooding.
  • Framing or deep linking into the Site.
  • Accessing the Site by means of automated process, spiders, bots or similar device.

Federal and State Laws
When using the Site, on the Site, or when using any other media provided by Ventec, you must obey all applicable federal, state and local laws. The Site is operated from the United States. Any use of the Site that violates any applicable laws will be grounds for discontinuing your rights to access the Site.

Medical Disclaimer
YOU ACKNOWLEDGE THAT THE INFORMATION ON THE SITE IS PROVIDED “AS-IS” FOR GENERAL INFORMATION ONLY. THE INFORMATION CONTAINED ON THIS SITE IS NOT INTENDED AND SHALL NOT BE CONSTRUED AS MEDICAL ADVICE, DIAGNOSIS OR TREATMENT AND IS NOT A SUBSTITUTE FOR CONSULTATIONS WITH QUALIFIED HEALTH PROFESSIONALS. THE INFORMATION AND VIEWS PROVIDED BY INDIVIDUAL CONTRIBUTORS, INCLUDING THE VENTEC CLINICAL BOARD, SHALL NOT BE ATTRIBUTED TO VENTEC.

THE SITE IS NOT INTENDED OR DESIGNED TO PROVIDE A RESPONSE IN A MEDICAL EMERGENCY. IF THIS IS A MEDICAL EMERGENCY, PLEASE IMMEDIATELY CALL EMERGENCY SERVICES (911) TO GET PROMPT MEDICAL ATTENTION. DO NOT RELY ON THE SITE OR ELECTRONIC COMMUNICATIONS FOR ASSISTANCE IN REGARD TO YOUR EMERGENCY MEDICAL NEEDS.

Limited Product Warranty
Ventec warrants that its products will perform in accordance with the product specifications for a period of one (1) year from the date of purchase (the “Product Warranty Period”). Should a product fail to perform in accordance with the product specifications within the Product Warranty Period, Ventec shall replace the respective product per the terms of our warranty.

Ventec warrants that any product batteries and accessories will perform in accordance with the product specifications for a period of ninety (90) days from the date of purchase (the “Battery and Accessory Warranty Period”). Should a product fail to perform in accordance with the product specifications within the Battery and Accessory Warranty Period, Ventec shall replace the respective battery and accessory per the terms of our warranty.

Disclaimer of Warranties
EXCEPT AS OTHERWISE PROVIDED HEREIN, THE INFORMATION, PRODUCTS AND SERVICES OFFERED ON OR THROUGH THE SITE AND ANY REFERENCED THIRD-PARTY SITES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. THIS INCLUDES ANY LISTING OF ANY THIRD-PARTY GOODS OR SERVICE PROVIDER INCLUDED IN THE SITE. ANY THIRD-PARTY GOODS OR SERVICE PROVIDER IS SUPPLIED AS A CONVENIENCE TO YOU AND LISTING DOES NOT CONSTITUTE SPONSORSHIP, AFFILIATION, PARTNERSHIP, OR ENDORSEMENT. VENTEC DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES TO THE FULLEST EXTENT OF THE LAW, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

VENTEC DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE, MATERIAL ON THE SITE IN TERMS OF ITS CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE.

BY PROVIDING THE SERVICES ON THE SITE, VENTEC DOES NOT IN ANY WAY PROMISE THAT THE SERVICES WILL REMAIN AVAILABLE TO YOU. VENTEC IS ENTITLED TO TERMINATE ALL OR PART OF ANY OF THE SITE AT ANY TIME, IN ITS SOLE DISCRETION WITHOUT NOTICE TO YOU.

Limitation of Liability
THE LIABILITY OF VENTEC AND ITS AFFILIATES, EMPLOYEES, AGENTS, REPRESENTATIVES AND THIRD PARTY SERVICE PROVIDERS WITH RESPECT TO ANY AND ALL CLAIMS ARISING OUT OF YOUR USE OF THE SITE, OR THE RENDITION OF SERVICES OBTAINED THROUGH THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, SHALL NOT EXCEED, IN THE AGGREGATE, $500.

IN NO EVENT WILL VENTEC BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES FOR ANY USE OF THE SITE, OR ON ANY OTHER HYPERLINKED WEBSITE OR POP-UP ADVERTISER, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM OR OTHERWISE, EVEN IF VENTEC IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Indemnification
You agree to indemnify, defend and hold harmless Ventec and its affiliates, employees, agents, representatives and third party service providers, for any and all claims, demands, actions, liability, fines, penalties and expenses, whether based on warranty, contract, negligence, strict liability or otherwise, that may arise from any of your acts through the use of the Site. Such acts may include but are not limited to: submissions, unauthorized use of material obtained through the Site, or breach the terms of these Terms of Use.

Third-Party Links
This website may contain links to other third-party websites. Such third-party sites are maintained by persons or organizations over which Ventec exercises no control. Ventec expressly disclaims any responsibility for the content or results from your use of such third-party links.

Copyright Complaints
Ventec respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Ventec’s copyright agent with the following information.
• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
• Description of the copyrighted work that you claim has been infringed;
• The location on the Site of the material that you claim is infringing;
• Your address, telephone number and e-mail address;
• A statement that your claim of infringement is based on a good faith belief; and
• A statement made under penalty of perjury that the information you have provided is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Ventec’s copyright agent for notice of claims of copyright infringement on the Site can be reached as by emailing info@venteclife.com and noting “Copyright Claim” in the subject line.

Miscellaneous Provisions

Severability. If any term or provision in these Terms of Use is found to be void, against public policy, or unenforceable by a court of competent jurisdiction and such finding or order becomes final with all appeals exhausted, then the offending provision shall be deemed modified to the extent necessary to make it valid and enforceable. If the offending provision cannot be so modified, then the same shall be deemed stricken from these Terms of Use in its entirety, and the remainder of these Terms of Use shall survive with the said offending provision eliminated.

WEBSITE AVAILABILITY. VENTEC CANNOT GUARANTEE THE SITE WILL BE AVAILABLE 100% OF THE TIME BECAUSE PUBLIC NETWORKS, SUCH AS THE INTERNET, OCCASIONALLY EXPERIENCE DISRUPTIONS. ALTHOUGH VENTEC STRIVES TO PROVIDE THE MOST RELIABLE WEBSITE REASONABLY POSSIBLE, INTERRUPTIONS AND DELAYS IN ACCESSING THE SITE ARE UNAVOIDABLE AND VENTEC DISCLAIMS ANY LIABILITY FOR DAMAGES RESULTING FROM SUCH PROBLEMS.

Typographical Errors. Information on the Site may contain technical inaccuracies or typographical errors. We attempt to make the Site’s postings as accurate as possible, but Ventec does not warrant the content of the Site is accurate, complete, reliable, current, or error-free.

Headings. Condition and section headings are for convenience of reference only and shall not affect the interpretation of these Terms of Use.

Controlling Law and Venue. It is understood and agreed that all the construction and interpretation of these Terms of Use and the relationship between the parties shall at all times and in all respects be governed by the internal laws of the State of Washington, without giving effect to the conflict of laws provisions thereof. Venue of any action brought to enforce or relating to these Terms of Use or arising out of the relationship between the parties shall be brought exclusively in the courts of Seattle, Washington.

Questions
If you have any questions about Ventec, the Site, our products, the Services, the Privacy Policy, or these Terms and Conditions, you may contact us at:

Ventec Life Systems, Inc.
ATTN: Web Services and Privacy Policy Team
19021 120th Ave NE, Suite 101
Bothell, Washington 98011
425.686.1750

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