- Eligibility. THE SITE IS NOT AVAILABLE TO PERSONS UNDER THE AGE OF 18 OR TO ANY USERS PREVIOUSLY SUSPENDED OR REMOVED FROM THE SITE BY VIVEVE. By using the Site, you represent that you are at least 18 years of age and have not been previously suspended or removed from the Site by Viveve. This web site contains information about products and procedures under investigation or cleared for use in countried outside of the United States. You may see information on this web site about products or therapies that are not approved or marketed in the United States or in your country.
- No Medical Advice. BY USING THE SITE, YOU ACKNOWLEDGE THAT VIVEVE IS PROVIDING THE MATERIALS FOR INFORMATIONAL PURPOSES ONLY AND THAT THE MATERIALS ARE NOT PROVIDED TO YOU FOR THE PURPOSE OF GIVING YOU MEDICAL ADVICE, OR INSTRUCTION ON THE APPROPRIATE USE OF PRODUCTS PRODUCED OR SUPPLIED BY VIVEVE, ITS AFFILIATES OR ITS PARTNERS, LICENSORS OR SUPPLIERS. YOU SHOULD NOT RELY ON THE MATERIALS IN THE SITE IN DECIDING ON A TREATMENT PLAN OR IN EVALUATING ANY OTHER MEDICAL ADVICE REGARDING ANY DISEASE OR MEDICAL CONDITION, AND VIVEVE, ITS AFFILIATES AND ITS PARTNERS, LICENSORS AND SUPPLIERS STRONGLY URGE THAT YOU CONSULT WITH A PHYSICIAN IN CONNECTION WITH ANY AND ALL TREATMENT OPTIONS THAT MAY BE AVAILABLE TO YOU. THE DEVICES AND PROCEDURES DESCRIBED ON THIS SITE ARE SUBJECT TO FEDERAL AND INTERNATIONAL LAWS GOVERNING THE USE AND/OR SALE OF SUCH DEVICES AND PROCEDURES. NOTHING IN THIS SITE IS INTENDED TO CONSTITUTE A CLAIM OR INDICATION FOR CLINICAL USES OF THE DEVICES AND PROCEDURES DESCRIBED. THE CLINICAL INDICATIONS AND RECOMMENDED USES OF THE DEVICES DESCRIBED ON THIS SITE ARE LIMITED SOLELY AND EXCLUSIVELY TO THOSE EXPRESSLY STATED IN THE INDICATIONS FOR USE FOR SUCH DEVICES AS APPROVED OR CLEARED BY REGULATORY AUTHORITIES.
- Prohibited Conduct.
BY USING THE SITE YOU AGREE NOT TO:
6.1 use the Site for any purposes other than to access information offered by Viveve;
6.2 rent, lease, loan, sell, resell, sublicense, distribute or otherwise transfer the licenses granted herein or any Materials;
6.3 impersonate any person or entity, falsely claim an affiliation with any person or entity, forge another person’s digital signature, misrepresent the source, identity, or content of information transmitted via the Site, or perform any other similar fraudulent activity;
6.4 delete the copyright or other proprietary rights on the Site; 6.5 use the Site for any illegal purpose, or in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, and data protection and privacy;
6.6 remove, circumvent, disable, damage or otherwise interfere with security-related features of the Site, features that prevent or restrict use or copying of any content accessible through the Site, or features that enforce limitations on the use of the Site;
6.7 reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Site or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation; or
6.8 intentionally interfere with or damage operation of the Site or any User’s enjoyment of the Site, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code.
- Third-Party Sites, Products and Services; Links. The Site may include links or references to other external web sites or services solely as a convenience to Users (“Reference Sites”). Links on Reference Sites may lead to resources located on servers maintained by third parties over whom Viveve has no control. Viveve does not endorse any such Reference Sites or the information, materials, products, or services contained on or accessible through Reference Sites. ACCESS AND USE OF REFERENCE SITES, INCLUDING THE INFORMATION, MATERIALS, PRODUCTS, AND SERVICES ON OR AVAILABLE THROUGH REFERENCE SITES IS SOLELY AT YOUR OWN RISK.
8.1 Viveve. You agree that Viveve, in its sole discretion, for any or no reason, and without penalty, may terminate your use of and access to the Site, or any part thereof, with or without notice. You agree that any termination of your access to the Site or portion thereof may be effected without prior notice, and you agree that Viveve will not be liable to you or any third party for any such termination. Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies Viveve may have at law or in equity.
- Disclaimers; No Warranties.
10.1 No Warranties. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, VIVEVE, AND ITS AFFILIATES, PARTNERS, LICENSORS AND SUPPLIERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF THIRD PARTY PROPRIETARY RIGHTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM VIVEVE OR THROUGH THE SITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. YOU EXPRESSLY ACKNOWLEDGE THAT AS USED IN THIS SECTION 10 THE TERM VIVEVE INCLUDES VIVEVE’S OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, LICENSORS AND SUBCONTRACTORS.
10.2 Forward Looking Statements. THE SITE MAY CONTAIN FORWARD-LOOKING STATEMENTS. THESE STATEMENTS RELATE TO FUTURE EVENTS OR THE FUTURE PERFORMANCE OF VIVEVE. VIVEVE HAS ATTEMPTED TO IDENTIFY THESE STATEMENTS BY TERMINOLOGY INCLUDING “ANTICIPATE,” “BELIEVE,” “CAN,” “CONTINUE,” “COULD,” “ESTIMATE,” “EXPECT,” “INTEND,” “MAY,” “PLAN,” “POTENTIAL,” “PREDICT,” “SHOULD,” OR “WILL” OR THE NEGATIVE OF SUCH TERMINOLOGY OR OTHER COMPARABLE TERMINOLOGY. SPECIFICALLY, STATEMENTS CONCERNING CLINICAL TRIAL TIMELINES AND EXPECTATIONS REGARDING CLINICAL TRIAL DESIGN ARE FORWARD-LOOKING STATEMENTS. THESE STATEMENTS ARE ONLY PREDICTIONS AND INVOLVE KNOWN AND UNKNOWN RISKS, UNCERTAINTIES, AND OTHER FACTORS. THE INFORMATION IN SUCH DISCUSSIONS COVERS CERTAIN RISKS, UNCERTAINTIES, AND POSSIBLE INACCURATE ASSUMPTIONS THAT COULD CAUSE ACTUAL RESULTS TO DIFFER MATERIALLY FROM THE EXPECTED AND HISTORICAL RESULTS. UNDUE RELIANCE SHOULD NOT BE PLACED ON FORWARD-LOOKING STATEMENTS, WHICH SPEAK ONLY AS OF THE DATE THEY ARE MADE. VIVEVE UNDERTAKES NO OBLIGATION TO UPDATE PUBLICLY ANY FORWARD-LOOKING STATEMENTS TO REFLECT NEW INFORMATION, EVENTS OR CIRCUMSTANCES AFTER THE DATE THEY WERE MADE, OR TO REFLECT THE OCCURRENCE OF UNANTICIPATED EVENTS.