ELIXIR MEDICAL CORPORATION
TERMS OF USE

Last Updated: November 10, 2020

1. Acceptance of Terms

Welcome to the Elixir Medical Corporation (“Elixir Medical Corporation, ”Elixir Medical,” “Company,” “we,” “us,” and “our”) website (the “Website”, “Site”). These General Terms of Use are governed by our Terms of Service. Our Terms of Service take precedence over any conflicting General Terms of Use provision. BY USING ELIXIR MEDICAL’S SERVICES AND WEBSITE, YOU CONSENT TO THE TERMS OF THESE GENERAL TERMS OF USE. IF YOU DO NOT AGREE TO THESE GENERAL TERMS OF USE PLEASE DO NOT USE THE WEBSITE AND/OR SERVICES.

2. Accuracy and Completeness of Information

While the Company strives to ensure that the information contained on the Website is accurate and reliable, Elixir Medical makes no warranties as to the accuracy, correctness or completeness of any such information and assumes no liability or responsibility for any omissions or errors in the content of the Website. Elixir Medical reserves the right to revise the information contained on the Website at any time, in its sole discretion, without any obligation to notify past, current or prospective visitors.

3. Your Use of the Website

You may download certain content that appears on the Website for your personal use, provided you do not remove or modify any copyright, trademark, other proprietary notices or accompanying text. You expressly agree that no right, title or interest in any downloaded materials is transferred to you as a result of such downloading or copying. There are inherent dangers in downloading materials and information from the Internet, and Elixir Medical cautions you to make sure that you completely understand the potential risks before downloading any such content. You are solely responsible for adequate protection and backup of the data and equipment used in connection with any information downloaded from the Website, and the Company will not be liable for any damages that you may suffer as a result of such download.

4. Changes to the General Terms of Use

We reserve the right to change these General Terms of Use from time to time without notice by posting the changes to the Website. When we do, we will also revise the “last update” date of these General Terms of Use.

5. Privacy Policy

Elixir Medical’s use of any personally identifiable information you submit to the Website is governed by the Website’s Privacy Policy.

6. Disclaimers

THE INFORMATION ON THE WEBSITE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

No advice or information, whether oral or written, obtained by a user from Elixir Medical, shall create any warranty not expressly made herein.

If you download or copy any material from the Website, you do so at your sole discretion and risk. Consequently, you will be responsible for any damage to your computer system or loss of data that results from the download or copying of any material or software.

Some of Elixir’s services require the use of third party services, products or networks. Elixir will make commercially reasonable efforts to communicate any policies, requirements or guidelines of those third parties to you. You agree to follow those policies, requirements or guidelines. ANY ACTUAL OR ALLEGED VIOLATION OF A THIRD PARTY POLICY, REQUIREMENT OR GUIDELINE BY YOU IS YOUR RESPONSIBILITY. ELIXIR MEDICAL MAKES NO WARRANTY OR REPRESENTATION THAT ITS WEBSITE OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE IF ANY VIOLATION OF A THIRD PARTY POLICY, REQUIREMENT OR GUIDELINE BY YOU IS ALLEGED BY A THIRD PARTY.

7. Products and Services

All products (including software) and services of Elixir Medical may only be accessed and used pursuant to a separate product or service agreement. If you have accessed such products or services prior to entering into a separate product or service agreement, such access is in violation of Elixir’s General Terms of Use, and you shall immediately cease using such services or delete any such products from your computer or server until such time as you become an authorized user of such products or services.

8. Limitation of Liability

IN NO EVENT WILL ELIXIR MEDICAL BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES HOWEVER THEY MAY ARISE, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE: (i) USE OF THE INFORMATION CONTAINED ON THE WEBSITE; (ii) USE OF SOFTWARE DOWNLOADED OR LINKED TO FROM THE WEBSITE; OR (iii) FOR THE FAILURE TO PROVIDE SERVICES OR INFORMATION AVAILABLE FROM THE WEBSITE, EVEN IF ELIXIR MEDICAL HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN THE EVENT YOU HAVE ANY DISPUTE WITH ONE OR MORE THIRD PARTIES AS A RESULT OF YOUR USE OF THE WEBSITE, CONTENT OR SERVICES, OR ARE IN ANY WAY DAMAGED AS A RESULT OF ANY THIRD PARTY ACTION IN CONNECTION THEREWITH, YOU HEREBY RELEASE AND COVENANT NOT TO SUE OR OTHERWISE MAKE A CLAIM, DEMAND OR FILE ANY LEGAL ACTION OR INSTITUTE ANY LEGAL OR REGULATORY PROCEEDINGS AGAINST ELIXIR MEDICAL, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES AND SUPPLIERS, FOR ANY CLAIMS, ACTIONS, DEMANDS OR DAMAGES (WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL), OF WHATEVER KIND OR NATURE, KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, WHETHER FORESEEABLE OR NOT, DISCLOSED OR UNDISCLOSED.

9. Indemnification

You agree to defend, indemnify and hold Elixir Medical harmless from and against any and all third party claims, damages, costs and expenses, including reasonable attorney’s fees, arising from or related to your use of the Website.

10. Links to Third Party Websites

Any links to third party sites are provided as a convenience to you, and such sites are neither owned nor operated by Elixir Medical.  The Company has no control over these linked sites, is not responsible for the content of these sites, makes no representations or warranties with respect to these linked sites, and shall not be liable for any damages or injury arising from the contents of these linked sites. Your viewing and use of any third party sites is at your sole discretion and risk.

11. Intellectual Property Notice

Unless otherwise noted, the graphic images, buttons and text contained in the Website are the exclusive property of Elixir Medical. All rights reserved. Except for your personal use as permitted herein, these items may not be copied, displayed, transmitted or reproduced in any form without the express written permission of the Company.

12. Submissions, Suggestions & Community Participation

In the event you elect to communicate to us suggestions for improvements to the Website or any of Elixir Medical’s services or properties (collectively, “Feedback”), we shall own all right, title, and interest in and to the same, even if you have designated the Feedback as confidential, and we shall be entitled to use the Feedback without restriction. Furthermore, any other content or information you post or provide to Elixir via comments, forums, emails and the like (collectively, “Communications”) shall be considered the property of Elixir Medical. You hereby irrevocably assign all right, title and interest in and to the Feedback and Communications to us and agree to provide us such assistance as we may require to document, perfect and maintain our rights to the Feedback and Communications.

13. Trademark Notice

Elixir, Innovation for Life and DESyne are registered trademarks, and DynamX a trademark, in the US and internationally for Elixir Medical Corporation.

Other company, product, and service names mentioned in these documents may be trademarks and/or service marks of others.