Terms of Service
Last Revision: January 16, 2020
IMPORTANT NOTICE REGARDING ARBITRATION: WHEN YOU AGREE TO THESE TERMS OF SERVICE YOU ARE AGREEING (WITH LIMITED EXCEPTION) TO RESOLVE ANY DISPUTE BETWEEN YOU AND PMT THROUGH BINDING, INDIVIDUAL ARBITRATION, RATHER THAN IN COURT. PLEASE CAREFULLY REVIEW SECTION 12, “DISPUTE RESOLUTION,” BELOW, FOR DETAILS REGARDING ARBITRATION (INCLUDING THE PROCEDURE TO OPT OUT OF ARBITRATION) AS THESE TERMS AFFECT YOUR LEGAL RIGHTS.
These Terms of Service (“Terms”) describe the rules for visitors to this Providence Medical Technology (“we”, “us”, “our”, or “PMT”) website (“Website”). Access to and use of our website is subject to these Terms and all applicable laws. By using our Website, you agree to these Terms and all other rules, policies, and procedures without limitation or qualification. If you do not agree to the Terms, do not access or otherwise use any of our Website.
The Website is wholly owned and operated by Providence Medical Technology, Inc., a privately-held medical device company with an office located at 3875 Hopyard Road, Suite 300, Pleasanton, CA 94588.
THIS WEBSITE DOES NOT PROVIDE MEDICAL ADVICE OR PROFESSIONAL ADVICE. Nothing contained within the Website is intended to constitute as medical advice, instruction for medical diagnosis, or instruction for treatment. Any information provided through the Website should be considered to be hypothetical, and not be considered complete, nor should it be relied upon to suggest a course of treatment for any particular individual. Information received from the Website should not be relied upon for personal, medical, legal, technical, or financial decisions. PMT does not, through the Website or otherwise, directly or indirectly practice medicine, render medical advice, or provide medical services. After reviewing the Website and before taking any action related to any content on the Website, you are expected to make a reasonable investigation into, and consider the potential consequences of, any such action. This includes, but is not limited to, talking to your doctor to determine the best course of treatment for your individual condition. If you obtain any information through the Website, you use such information at your own risk.
These Terms and this Website are intended for residents of the United States.
Although we have attempted to provide accurate information on our Website, we assume no responsibility for, and not guarantee, the accuracy, effectiveness, and suitability of any information contained on this Website. This information is presented “AS IS” and may include technical inaccuracies or errors. We may change the information provided on our Website at any time, without notice.
2. Changes to These Terms
We reserve the right, at our sole discretion, to change or modify portions of these Terms at any time. If the Terms are materially changed, we will post the changes on this page, and will indicate at the top of this page the date these Terms were last revised. Any such changes to the Terms will become effective no earlier than fourteen (14) days after they are posted, except that some changes (such as addressing new functions of the Website or changes made for legal reasons) will be effective immediately. Your continued use of the Website after the date any such changes become effective constitutes your unequivocal acceptance of, and agreement to be bound by, the new Terms (including any and all changes).
3. Your Privacy
We do not warrant that our Website will be uninterrupted, secure, error-free, that defects will be corrected, or that our Website is free of viruses or other harmful components. You assume all responsibility for protecting yourself against computer viruses.
PMT is not obligated to publish any information or content on the Website, and can remove any content in our sole discretion, with or without notice.
You acknowledge that PMT may establish general practices and limits concerning use of the Website, including without limitation, the maximum period of time that data or other content will be retained.
Modifications to the Website
PMT reserves the right to modify or discontinue, temporarily or permanently, the Website (or any part thereof), with or without notice. You agree that PMT will not be liable to you, or to any third party, for any modification, suspension, or discontinuance of the Website.
Third-Party Content, Sites, and Apps
Under no circumstances will PMT be liable in any way for any content or materials of other third parties including, but not limited to, errors or omissions in any third-party content, or loss or damage of any kind incurred as a result of the use of any such third-party content.
The Website may provide, links or other access to other sites and resources on the Internet. PMT has no control over such third-party sites and resources, and PMT is not responsible for, and does not endorse or comment about, such sites and/or resources. You agree that PMT will not be responsible or liable, directly or indirectly, for any damage or loss caused, or alleged to be caused, by or in connection with use of, or reliance upon, any content, events, goods, or services available on or through any such third-party site or resource. Any dealings you have with other third parties while using the Website are between you and such third party or parties, and you agree that PMT is not liable for any loss suffered through, or claim that you may have against any such third party.
5. Copyrights and Trademarks
The entire contents of this website belong to or are licensed to us and are protected by United States and foreign copyright laws. You may e-email, download, or print copies of materials on this website for personal, noncommercial use only. When you e-mail, download, or print copies of the materials on this website, you must also include copyright and other notices that are contained in these materials.
Product names and services on this website belong to us and are protected by the United States and Foreign trademark laws. Use of these trademarks or service marks without express written consent is strictly prohibited.
Title to materials remains with us or with the authors of the materials contained on this website. All rights not expressly granted are reserved.
Use of materials or trademarks on this Website in a manner not clearly allowed by these Terms constitutes a violation of your agreement with us and may be in violation of copyright, trademark, and other laws. If this is the case, we will automatically revoke your permission to use this website.
6. Disclaimer and Limitations of Liability
Disclaimer of Warranties
YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. PMT AND PMT EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. PMT MAKES NO WARRANTY: (i) THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS; (ii) THAT THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (iii) THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE WILL BE ACCURATE OR RELIABLE; OR (iv) WITH RESPECT TO ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PROMOTED, OFFERED, OR OTHERWISE DISCUSSED THROUGH THE WEBSITE (AND ANY WARRANTIES RELATING THERETO SHALL BE LIMITED TO THOSE OFFERED, IF ANY, BY THE THIRD PARTY MANUFACTURER OR THIRD PARTY PROVIDER OF SUCH PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL).
Limitation of Liability
YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY UNDERSTAND AND AGREE THAT PMT AND PMT WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF PMT OR PMT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, RESULTING FROM:
I. THE USE OR THE INABILITY TO USE THE WEBSITE;
II. THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES RECEIVED FROM ANY THIRD PARTY THROUGH OR FROM THE WEBSITE;
III. UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
IV. ANY SURGICAL, TREATMENT, OR OTHER MEDICAL DECISION MADE BY YOU;
V. ANY ACTION OR INACTION TAKEN BY YOU BASED ON CONTENT PROVIDED THROUGH THE WEBSITE;
VI. STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE; OR
VII. ANY OTHER MATTER RELATING TO THE WEBSITE.
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 LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AGREE TO LIMIT PMT AND PMT’S LIABILITY TO YOU ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE OR ACCESS THE WEBSITE TO THE TOTAL AMOUNT OF FIFTY DOLLARS ($50).
THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND PMT.
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE YOUR RIGHTS WITH RESPECT TO CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEBSITE, OR WITH THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE WEBSITE.
You agree to indemnify and hold PMT, PMT and their officers, employees, directors, customers, partners, and agents harmless from any and all losses, damages, expenses (including reasonable attorneys’ fees), claims, actions of any kind, and/or injury (including death), arising out of or relating to your use of the Website, your violation of these Terms, or your violation of any rights of another.
You agree that PMT, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Website, and remove and discard any of your User Content within the Website, for any reason, including, without limitation, for lack of use or if PMT believes that you have violated or acted inconsistently with the letter or spirit of these Terms. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of the Website may be referred to appropriate law enforcement authorities.
PMT may also, in its sole discretion and at any time, discontinue providing the Website, or any part thereof, with or without notice. You agree that any termination of your access to the Website under any provision of these Terms may be effected without prior notice, and acknowledge and agree that PMT may immediately deactivate or delete your account and all related information and/or bar any further access to such information or the Website. Further, you agree that PMT and PMT will not be liable to you or any third party for any termination of your access to the Website.
8. Governing Law
These Terms will be governed by the laws of the State of California without regard to its conflict of law provisions. With respect to any disputes, claims, or controversies arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, or the use of the Website (collectively, “Disputes”) not subject to arbitration, as set forth in Section 12, you and PMT agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within Alameda County, California, and you and PMT each waive any objection to jurisdiction and venue in such courts.
9. Dispute Resolution
Mandatory Arbitration of Disputes
We each agree that all Disputes will be resolved solely by binding, individual arbitration, and not in a class, representative, or consolidated action or proceeding. You and PMT agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of these Terms, and that you and PMT are each waiving the right to a trial by jury and/or to participate in a class action. This arbitration provision shall survive termination of these Terms.
Pre-Arbitration Dispute Resolution
PMT prefers to resolve disputes amicably and efficiently, and many disputes can be resolved quickly and by emailing customer support at email@example.com. If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to PMT should be sent to firstname.lastname@example.org. The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought. If PMT and you do not resolve the claim within sixty (60) calendar days after the Notice is received, you or PMT may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by PMT or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or PMT is entitled.
Exceptions and Opting Out
As limited exceptions to “Mandatory Arbitration of Disputes,” above: (i) you may seek to resolve a Dispute in small claims court if it qualifies; and (ii) we each retain the right to seek injunctive or other equitable relief from a court to prevent (or enjoin) the infringement or misappropriation of our respective intellectual property rights. In addition, you will retain the right to opt out of arbitration entirely and litigate any Dispute if you provide us with written notice of your desire to do so by email at email@example.com, within thirty (30) days following the date you first agree to these Terms.
Conducting Arbitration and Arbitration Rules
The arbitration will be conducted by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (“AAA Rules”) then in effect, except as modified by these Terms. The AAA Rules are available at www.adr.org, or by calling 1-800-778-7879. A party who wishes to start arbitration must submit a written Demand for Arbitration to AAA, and give notice to the other party as specified in the AAA Rules. The AAA provides a form Demand for Arbitration at www.adr.org.
If your claim is for U.S. $10,000.00, or less, you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic or video-conference hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds U.S. $10,000.00, the right to a hearing will be determined by the AAA Rules. Any arbitration hearings will take place in Walnut Creek, California before a single arbitrator, unless we both agree to a different location. You and PMT both agree that the arbitrator shall have exclusive authority to decide all issues relating to the interpretation, applicability, enforceability, and scope of this arbitration agreement.
Payment of all filing, administration, and arbitrator fees will be governed by the AAA Rules.
Class Action Waiver
YOU AND PMT AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, if the parties’ dispute is resolved through arbitration, the arbitrator may not consolidate another person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this Section, “Dispute Resolution,” shall be null and void.
Effect of Changes on Arbitration
Notwithstanding the provisions of Section 2, “Changes to These Terms,” above, if we change any of the terms of this Section, “Dispute Resolution,” after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email to firstname.lastname@example.org, within thirty (30) days of the date such change became effective, as indicated in the “Last Revision” date above, or in the date of our email or other communication to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and PMT in accordance with the terms of this Section, “Dispute Resolution,” as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).
10. General Terms
Notices to you may be made through the Website, email, or regular mail. You agree to keep your contact information up to date. The Website may also provide notices to you of changes to these Terms, or other matters, by displaying notices or links to notices generally on the Website.
The failure of PMT to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision.
If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms shall remain in full force and effect.
With the exception of any of the provisions in Section 12, “Class Action Waiver,” of these Terms, if an arbitrator or court of competent jurisdiction decides that any part of these Terms is invalid or unenforceable, the other parts of these Terms will still apply.
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 Website or these Terms must be filed within one (1) year after such claim or cause of action arises, or be forever barred.
A printed version of these Terms and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as any other business documents and records originally generated and maintained in printed form.
You may not assign these Terms without the prior written consent of PMT, but PMT may assign or transfer these Terms, in whole or in part, without restriction. The section titles in these Terms are for convenience only and have no legal or contractual effect.
Software available in connection with the Website and the transmission of applicable data, if any, is subject to United States export controls. The Website may not be downloaded or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Website is at your sole risk. Recognizing the global nature of the Internet, you agree to comply with all local rules and laws regarding your use of the Website, including as it concerns online conduct and acceptable content.
Titles and Headings
The section titles in these Terms are for convenience only and have no legal or contractual effect.
11. Contacting PMT
Please contact us at email@example.com to report any violations of these Terms or if you have any questions regarding these Terms. Alternatively, you may contact us at American Cervical Excellence Society C/O Providence Medical Technology, Inc., 3875 Hopyard Rd. Suite 300, Pleasanton, CA 94588.