Web Site Terms and Conditions of Use

  1. Terms. By accessing and using this website (the “Site”), you are agreeing to be bound by these Terms and Conditions of Use, (the “Terms”). You also agree that your use of the Site and any information, products, reference materials, literature, clinical data, software, photographs, images, video, audio, graphics, or text on the Website (“Content”) will comply at all times with all applicable federal, state and local laws and regulations. If you do not agree to these Terms, you may not access the Site. The Site is owned and operated by Applied Medical Technology, Inc., an Ohio corporation (“we”, “our” or “us”). You can reach us by emailing us at webmaster@amtinnovation.com, or by mail to Applied Medical Technology, Inc., 8000 Katherine Boulevard, Brecksville, Ohio 44141. We may change the Terms at any time without notice, and any changes will be included in the updated version of the Terms. Please check the Terms for changes. Your continued use of the Site after the Terms have been changed constitutes your acceptance of such changes.
  2. Use License. You acknowledge and agree that the Content, and all patent, copyright, trademark, trade dress, domain name, trade secret, and other proprietary rights therein are either our property or the property of our third party providers. Subject to these Terms, we grant you a non-exclusive, non-transferable, revocable license to access and use the Site and the Content solely for personal, non-commercial transitory viewing only, and for no other purpose. You may not copy, modify, publish, transmit, translate, participate in the transfer or sale, create derivative works, reverse engineer, decompile, or in any way exploit, the Site or any of the Content, in whole or in part. No redistribution, retransmission, publication or commercial exploitation of downloaded Content will be permitted. ou acquire no ownership rights by downloading copyrighted Content. This license shall automatically terminate if you violate any of these restrictions. We may terminate the license granted herein and your access and use of the Site at any time for any reason. Upon termination of this license or of your use of the Site, you must destroy any downloaded Content in your possession whether in electronic or printed format.
  3. Disclaimer. THE SITE AND THE CONTENT ARE PROVIDED ON AN “AS IS” BASIS WITH NO WARRANTIES WHATSOEVER. PRODUCTS OFFERED FOR SALE BY US ARE WARRANTED AS DESCRIBED IN THE LIMITED PRODUCT WARRANTY SET FORTH ON THE SITE. EXCEPT FOR SUCH LIMITED PRODUCT WARRANTY, WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, AND HEREBY DISCLAIM AND NEGATE ALL OTHER WARRANTIES, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR OTHER VIOLATION OF RIGHTS. FURTHER, WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS CONCERNING THE ACCURACY, LIKELY RESULTS, OR RELIABILITY OF THE USE OF THE PRODUCTS, THE CONTENT OR THE SITE. WE MAKE NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE SITE OR THE CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE. THIS SITE CONTAINS INFORMATION ABOUT OUR PRODUCTS, WHICH ARE MEDICAL DEVICES. A PHYSICIAN OR OTHER MEDICAL PROFESSIONAL MUST BE CONSULTED TO DETERMINE THE APPROPRIATENESS OF ANY PRODUCT FOR YOUR USE. WE DO NOT PURPORT TO GIVE YOU MEDICAL ADVICE ON THIS SITE.
  4. Limitation of Liability. YOUR USE OF THE SITE, THE PRODUCTS AND THE CONTENT IS AT YOUR OWN RISK. IN NO EVENT SHALL WE OR OUR THIRD PARTY PROVIDERS OR OUR OR THEIR RESPECTIVE AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR LICENSORS BE LIABLE FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE PRODUCTS, THE SITE OR THE CONTENT, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY DECISION OR ACTION TAKEN IN RELIANCE UPON ANY PRODUCT OR CONTENT, ANY DELAYS, ERRORS, OMISSIONS OR INTERRUPTIONS IN DELIVERY, NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO THE SITE OR THE CONTENT, OR FOR ANY TYPES OF DAMAGES OR LIABILITY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
  5. Exclusion of Consequential Damages; Further Limitation of Liability. IN NO EVENT SHALL WE OR OUR THIRD PARTY PROVIDERS OR OUR OR THEIR RESPECTIVE AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR LICENSORS BE LIABLE TO YOU OR TO ANYONE ELSE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, CONSEQUENTIAL DAMAGES OR ANY OTHER LOSS OR INJURY CAUSED IN WHOLE OR IN PART IN RELATION TO THE PRODUCTS, THE SITE OR THE CONTENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN THE "LIMITATION OF LIABILITY" SECTION OR THIS SECTION MAY NOT APPLY TO YOU. IN THOSE CIRCUMSTANCES, AS WELL AS ANY OTHER WHERE LIABILITY OCCURS, YOU ACKNOWLEDGE THAT OUR ENTIRE LIABILITY AND THE ENTIRE LIABILITY OF OUR THIRD PARTY PROVIDERS UNDER THESE TERMS, OR ANY MATTER RELATING TO THESE TERMS, REGARDLESS OF THE FORM OF ANY CLAIM OR ACTION OR THEORY OF LIABILITY (INCLUDING CONTRACT, TORT, OR WARRANTY) SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100) AND THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST US AND ANY THIRD PARTY PROVIDER AND OUR AND THEIR RESPECTIVE AFFILIATES.
  6. Revisions and Errata. The materials appearing on our Site may include technical, typographical, or photographic errors. We do not warrant that any portion of the content is accurate, complete, or current.
  7. Links. The Site may contain links to third party websites. We make no representation regarding the content or accuracy of any websites that you may access through the Site. We do not monitor and are not responsible for the content found on other websites that are linked from this Site. We do not imply endorsement, recommendation or sponsorship for any linked websites or the services, products or advice described on the other websites, and we shall have no liability for the content of the other websites, including the accuracy, subject matter, quality or timeliness, or with respect to the use of any personal information that you provide to such other websites. USE OF SUCH OTHER WEBSITES IS AT YOUR OWN RISK. The views, opinions, statements, offers or other information or content expressed therein are those of the respective author(s) or distributor(s) of such other websites.
  8. Indemnification. You agree to indemnify and hold us and our subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Products, the Site, the Content, your connection to the Site, your violation of the Terms, or your violation of any rights of another party.
  9. Trademarks; Patents. Unauthorized use of our trademarks, service marks, logos or patents is strictly prohibited and may also be a violation of federal and state trademark and patent laws.
  10. Copyright. The products, the Site and the Content are protected by U.S. copyright laws and owned by us and our affiliates and third party providers. Except as expressly provided in these Terms, you may not use, reproduce, modify, transmit, distribute or publicly display any part of the Site, the Content or the products without the prior written consent of the Company.

    We respect the intellectual property of others, and we ask you to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our Copyright Agent the following information:
    1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
    2. A description of the copyrighted work that you claim has been infringed;
    3. A description of where the material that you claim is infringing is located on the Site;
    4. Your address, telephone number, and email address;
    5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
    6. A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Our Copyright Agent for Notice of claims of copyright infringement on the Site can be reached by directing a letter sent postage prepaid to Applied Medical Technology, Inc., 8000 Katherine Boulevard, Brecksville, Ohio 44141, Attention: Copyright Agent.
  11. Statute of Limitations. Except for claims arising from your misuse of the products, the Site or the Content, you agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site, the products, the Content or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
  12. No Third Party Beneficiaries. You agree that, except as otherwise expressly provided in these Terms, there shall be no third-party beneficiaries to these Terms.
  13. Waiver. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
  14. Headings. The section and paragraph headings used in these Terms are inserted for convenience only and will not affect the meaning or interpretation of these Terms.
  15. Violation of Terms. We reserve the right to seek all remedies available at law and in equity for violations of the rules and regulations set forth in these Terms and the Privacy Policy (which is incorporated by reference), including, but not limited to, the right to block access from a particular internet address to the Site.
  16. Entire Agreement; Severability. These Terms and the Privacy Policy for the Site (which is incorporated by reference and made a part hereof) together with any terms and conditions applicable to the sale of our products issued by us from time to time, constitutes the entire agreement between you and us relating to the purchase of the products and the use of the Site and the Content. Additional terms and conditions may apply when you use any third party services or access any linked websites. Should any provision of our Terms be held invalid, unlawful or for any reason unenforceable, then the invalid, unlawful or unenforceable provision shall be severable from the remaining provisions. Such invalid, unlawful or unenforceable provision shall not affect the validity or enforceability of the remaining provisions. The Terms may not be assigned by you.
  17. Contacting Us. If you have questions, comments, or concerns, please email webmaster@amtinnovation.com. Please include details of your questions, comments or concerns and your complete name and contact information.
  18. Governing Law. The Terms shall be governed in all respects by the laws of the State of Ohio, USA, without reference to its choice of law rules. By accessing the Site you understand and agree that all transactions take place in Cuyahoga County, Ohio and agree that the federal and state courts in Cuyahoga County, Ohio have exclusive jurisdiction over any disputes arising from or related to your use of the Site or the Content. You irrevocably consent and submit to the exclusive personal jurisdiction of such courts, and you irrevocably waive any jurisdictional, venue or inconvenient forum objections to such courts.

Privacy Policy

Effective Date: October 26, 2011

You (“you” or “your”) must read this Privacy Policy in its entirety prior to accessing and using the amtinnovation.com Site (the “Site”). The Privacy Policy is subject to change without notice. Please read it each time you visit the Site. If you do not agree to the Privacy Policy, you may not access and use the Site. Use of the Site signifies your acceptance of this Privacy Policy.

  1. The Site. amtinnovation.com is a Site owned and operated by Applied Medical Technology, Inc., an Ohio corporation (“amtinnovation.com", “we”, “our” or “us”). You can reach us at 8000 Katherine Boulevard, Brecksville, Ohio 44141. Amtinnovation.com respects your privacy and has written this Privacy Policy so that you are aware of the information amtinnovation.com collects from you and how the information is used.
  2. Eligible Users. Use of the Site is governed by the laws of the United States. When you provide us with information, you acknowledge that the information will be stored and processed on servers located in the United States. No one under the age of 13 may use the Site. If you are between the ages of 13 and 18, please have your parents review this Privacy Policy with you.
  3. Information Collected By Us. You may access the Site without completing a user registration and without providing us with your Personal Information. “Personal Information” means information that identifies a person, such as the person’s full name, home address, email address, telephone number, credit card information or any other information that would allow someone to identify or contact you. If you order products, sign up for newsletters, demonstrations or special offers, or send us communications, you will be required to provide us with Personal Information.
  4. Use of Information. We use your Personal Information to provide you with access to the full functionality of the Site, to fulfill product orders, to communicate with you about our products and services, and to monitor your usage of the Site so that we can better understand and improve your Site experience.

    We generally do not disclose Personal Information to third parties except as necessary to comply with applicable law or to investigate wrongful activity. We may disclose Personal Information to trusted third party contractors who assist us in running the Site and fulfilling orders. We will not disclose your Personal Information to third parties for direct marketing purposes without your prior consent.

    We may from time to time share aggregated information (in a way that does not specifically identify your Personal Information) including, but not limited to data such as the Internet Protocol (IP) address of your computer and your browser software (i.e. Internet Explorer, Firefox, etc.) and configuration used as well as any information submitted through the Site with our business partners, advertisers, sponsors, and other third parties.
  5. Use of Cookies. We may place or recognize a unique "cookie" on your browser. A cookie is a piece of data stored on the user's hard drive containing information about the user. We may use cookies to enable us to track and target the interests of our users to enhance your Site experience. Usage of a cookie is in no way linked to any Personal Information while on the Site. If you reject the cookie, you may still use the Site.
  6. Use of Log Files. We may use IP addresses (log files) to analyze trends, administer the Site, track the movement of users, and gather broad demographic information for aggregate use. IP addresses are not linked to Personal Information.
  7. Suspected Privacy Policy Violations. If you feel that amtinnovation.com is not abiding by this Privacy Policy, please contact amtinnovation.com via registered mail to: Applied Medical Technology, Inc., 8000 Katherine Boulevard, Brecksville, Ohio 44141; Attention: WebMaster.
  8. Notification of Changes. You should review this Privacy Policy whenever you visit amtinnovation.com in order to be aware of the ways that your information is used. Amtinnovation.com reserves the right to change its Privacy Policy at any time.
  9. Site Links. The Site may contain links to other Sites. This Privacy Policy applies solely to information collected by amtinnovation.com. We are not responsible for the privacy practices of other websites linked to this Site. We encourage you to read the privacy policies of Sites connected through this Site.
  10. Security. The security of your Personal Information is important to us. While we are committed to the security of your Personal Information, we cannot warrant or represent the security of your Personal Information.
  11. Incorporation by Reference; Entire Agreement; Severability. The Terms for amtinnovation.com are hereby incorporated by reference and made a part hereof. The Terms and the Privacy Policy constitute the entire agreement between you and us with respect to use of this Site. Additional terms and conditions may apply when you use third party services or access linked websites. Should any provision of this Privacy Policy be held to be invalid, unlawful or for any reason unenforceable, then the invalid, unlawful or unenforceable provision shall be severable from the remaining provisions. Such invalid, unlawful or unenforceable provision shall not affect the validity or enforceability of the remaining provisions.
  12. California Privacy Rights. We comply with the California Online Privacy Protection Act of 2003, California Business and Professional Code 22575 - 22579. If you are a California resident, we will, upon your written request, provide you with: (a) the names and addresses of all third parties to which we have disclosed your Personal Information during the preceding year for direct marketing purposes; (b) the categories of information we disclosed to third parties for direct marketing purposes during the preceding calendar year; and (c) if the nature of the third party direct marketer’s business cannot be reasonably determined by the third party’s name, examples of the products or services marketed. In order to obtain this information, please contact us at: Applied Medical Technology, Inc., Attention: amtinnovation.com California Privacy Rights, 8000 Katherine Boulevard, Brecksville, Ohio 44141.