All elements comprising the Site, including without limitation, the text, site design, logos, graphics, icons and images, software, code, and other content comprising the Site (collectively, the “Material”), as well as the selection, assembly and arrangement thereof, are the sole property of SteadyMed or our licensors, and are protected by U.S. and international copyright laws. The entirety of the content in this Site is a collective work owned by SteadyMed and is protected by U.S. and international copyright laws. The trademarks, service marks, trade names, trade dress, logos, designs, and sounds associated with the Site are owned by SteadyMed or third parties who have authorized their use. Without limiting the foregoing, SteadyMed, PatchPump, and ECell are registered trademarks of SteadyMed.
Subject to the terms and conditions set forth in this Agreement, SteadyMed grants you a limited non-exclusive license to access, use and display the Site solely for your personal, non-commercial use and to place orders through the Site. Any other use of the Site is strictly prohibited. If Material downloaded from our Site contains copyright or other proprietary notices, you must retain such notices on any and all copies of the Material. You may not use any data mining programs, robots or other data gathering tools in connection with the Site. You may not modify, reproduce, copy, republish, re-post, transmit, hyperlink, merge, publicly display or distribute any Material for any public or commercial purpose.
The framing of any Material available through this Site is strictly prohibited. SteadyMed reserves the right to disable any unauthorized frames.
SteadyMed expressly reserves all rights not expressly granted herein. Any unauthorized use of the Site shall immediately terminate the license granted by SteadyMed under this Agreement.
Our Site may contain links to our affiliates and links to non-affiliated, third-party websites. These links are provided solely for your convenience. If you choose to utilize any of these links, you will leave our Site. SteadyMed has not reviewed these third-party websites and does not control and is not responsible for any of these websites or their content. SteadyMed does not make any representations about any third-party websites, or any information, software or other products or materials found on such websites. If you access any of the third-party websites linked to our Site, you do so entirely at your own risk.
LINKING TO OUR SITE
Any and all links to our Site must be approved in writing by SteadyMed, except where:
- The link is a text-only link containing only the name “SteadyMed”;
- The link is to www.steadymed.com or www.BePHenomenal.com, as applicable;
- When activated, the link will display our Site on the full-screen and in a fully operable and navigable browser window and not within a "frame" on the linked third-party site;
- The appearance, position, and other aspects of the link may neither create the false appearance that a third party or its activities, products or services are endorsed by, associated with or sponsored by SteadyMed; and
- The appearance, position, and other aspects of the link does not damage or dilute the goodwill associated with the name and marks of SteadyMed.
You may not use our trademarks in metatags and/or hidden text. This will be regarded by us as trademark infringement. The framing of any Material available through this Site is strictly prohibited. SteadyMed reserves the right to disable any unauthorized frames.
USE OF OUR SITE
Your use of our Site shall be for lawful purposes only. You shall not use our Site for illegal purposes or for the transmission of material that is unlawful, harassing, libelous, invasive of another's privacy, abusive, threatening, harmful, vulgar, obscene, distasteful, offensive, controversial or otherwise objectionable, or that infringes or may infringe the intellectual property or rights of SteadyMed or another or that violates any international, federal, state, or local law. You understand and acknowledge that SteadyMed may, in its sole discretion, terminate your access to the Site, without notice, if we believe you have in any way violated this Agreement.
If you use our Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you let others use your account or password, SteadyMed is not responsible for any unauthorized use or disclosure of your personal information by that third party, nor are we responsible for transactions and acts of that third party.
If you are under 18, you may use our Site only with involvement of a parent or guardian.
SHARING YOUR CONTENT AND INFORMATION ON OUR SITE
By sending us any ideas, comments, suggestions, questions or other material, you grant us an unrestricted, royalty-free, worldwide, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute such material with or without your name in any manner, including in connection with our business, and you also agree that we are free to use any ideas, concepts, know-how or techniques that you send us for any purpose.
You agree that no comments or other information submitted by you to SteadyMed will violate any personal or proprietary right of any third party (including, without limitation, copyright and trademark rights). You agree that no comments or other information submitted by you to SteadyMed will be libelous, obscene, harassing, abusive or otherwise unlawful. You agree that you shall remain solely liable for the contents of any comments or other information submitted by you to SteadyMed.
NEITHER STEADYMED NOR ANY PARTY INVOLVED IN CREATING, PRODUCING, SERVICING, UPDATING OR DELIVERING THE SITE SHALL BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES ARISING OUT OF USERS ACCESS, USE, OR INABILITY TO USE OUR SITE OR ANY SITES LINKED TO OUR SITE, OR ANY ERRORS OR OMISSIONS IN THE CONTENT OF ANY OR ALL SUCH SITES WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE CONTENT PROVIDED ON OUR SITE IS PROVIDED AS IS WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY.
SteadyMed does not warrant the accuracy and completeness of the content on our Site. SteadyMed may make changes to the materials and services on our Site at any time without notice. You acknowledge and agree that there may be interruptions in service or events that are beyond our control. While we use reasonable efforts to keep the Site accessible, we do not guarantee, and shall have no liability for, any unavailability of the Site (i) caused by outages to any public Internet backbones, networks or servers, (ii) caused by any failures of your equipment, systems or local access services, (iii) for previously scheduled maintenance, or (iv) relating to events beyond our control such as strikes, riots, insurrection, fires, floods, explosions, war, governmental action, labor conditions, earthquakes, natural disasters, or interruptions in Internet services to an area where our or your servers are located or co-located. Because we do not control the security of the Internet or other networks you use to access the Site, we are not responsible for any data lost during transmission. The materials, products and services on our Site may be out of date and we make no commitment to update the materials, products and services on our Site. Information published on our Site may refer to products, programs or services that are not available in your country. Contact us at Contact@steadymed.com for information regarding the products, programs and services that may be available to you. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you. You agree that any cause of action or claim that you may have relating to our Site must be made or instituted within one year of when the cause of action or claim accrued.
Information Only; Consult Your Health Professional YOU UNDERSTAND THAT MEDICAL CARE AND TREATMENT ARE COMPLEX SUBJECTS REQUIRING THE SERVICES OF QUALIFIED MEDICAL PROFESSIONALS. THE INFORMATION PROVIDED ON THIS SITE IS INTENDED AS BACKGROUND TO HELP YOU UNDERSTAND THE NATURE OF OUR INNOVATIVE MEDICAL TECHNOLOGY AND MAY RELATE TO ADVICE GIVEN BY YOUR DOCTOR OR OTHER HEALTH PROFESSIONAL. SUCH INFORMATION IS NOT TO BE RELIED ON IN ANY WAY IN CONNECTION WITH YOUR PERSONAL HEALTHCARE AND RELATED DECISIONS AND TREATMENT NEEDS. ALL SUCH DECISIONS AND TREATMENT NEEDS SHOULD BE DISCUSSED WITH YOUR DOCTOR OR OTHER HEALTH PROFESSIONAL.
You agree to defend, indemnify, and hold SteadyMed, its officers, directors, employees, agents, licensors, affiliates, service providers and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of this Agreement.
CHANGES TO THIS AGREEMENT
SteadyMed may change, revise, modify, add or remove any terms of this Agreement at any time by updating this posting. You should visit this posting from time to time to review the then-current Agreement because your continued use of our Site after any changes to this Agreement have been posted will be deemed acceptance of any revised terms. You agree that we shall not be liable to you or any third party for any modification or discontinuance of any materials, features, products, prices, services, information or the Site.
Our Site is controlled, operated and administered by SteadyMed from offices within the State of California. SteadyMed makes no representation that materials on our Site are appropriate or available for use at other locations outside of the United States and access to them from territories where their content is illegal or restricted is prohibited. You may not use our Site or export the materials in violation of U.S. export laws and regulations. If you access our Site from a location outside of the United States, you are responsible for compliance with all local laws. This Agreement shall be governed by the laws of the United States and of the State of California, without giving effect to its conflict of laws provisions.
This Agreement constitutes the entire agreement between SteadyMed and you with respect to your use of our Site. If for any reason a court of competent jurisdiction finds any provision of this Agreement or any portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of this Agreement, and the remainder of this Agreement shall continue in full force and effect.