Terms of Use

INDEX LEGAL NOTICE. Please read these terms of use carefully. Apnex Medical invites visitors to access this website subject to the terms and conditions below and the Privacy Statement set forth elsewhere on this site. This web site is owned and operated by Apnex Medical. When we use the words we or our, we mean Apnex Medical. We may change these Terms of Use at any time. Please review the Terms of Use each time you visit the web site. By using this web site, it means you accept the most recent version of the Terms of Use. By using this web site, you agree that the only proper jurisdiction and venue for any dispute with Apnex Medical, or in any way relating to your use of this web site, is in the state and federal courts in the State of Minnesota, U.S.A. You further agree and consent to the exercise of personal jurisdiction in these courts in connection with any dispute involving Apnex Medical or its affiliates, employees, officers, directors, agents, or suppliers. These Terms of Use are governed by the internal substantive laws of the State of Minnesota, without respect to its conflict of laws principles, and the federal laws of the United States.

ABOUT THE INFORMATION ON THIS WEB SITE. Much of the information on this web site elates to products offered by Apnex Medical. This web site contains information about Apnex Medical products that are under investigational use and is intended for a United States audience. If you live outside the U.S., you may see information on this web site about products or therapies that are not available or authorized in your country.

DO NOT RELY ON INFORMATION IN THIS SITE—SEEK MEDICAL ADVICE. This website may contain information about health and/or medical conditions and their treatment. This information is not a substitute for seeking the advice of a medical professional. This information should not be used to diagnose or treat and health and/or medical condition. The use of Apnex Medical products must be under the supervision of a licensed medical professional.

THIS WEB SITE DOES NOT PROVIDE MEDICAL ADVICE. IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL YOUR DOCTOR OR 911 IMMEDIATELY.

CALL 911 FOR AN EMERGENCY.

OUR COPYRIGHTS AND TRADEMARK. The materials on this web site are Copyright 2008 Apnex Medical. These materials belong to or are licensed to Apnex. The materials are protected by United States and foreign copyright laws. Title to the materials remains with us or with the authors of the materials contained on this web site. All rights not expressly granted are reserved. There are some important rules about copying these materials.
  • You may e-mail, download, or print copies of the materials on this web site, but only for your personal, noncommercial use.
  • When you e-mail, download, or print a copy of the materials on this web site, you must also include all copyright and other notices that are in the materials, including the copyright notice on the bottom of the page.
We also own the names we use for our products and services on this web site, and these names are protected by United States and foreign trademark laws. An ® following a name on our web site indicates that the trademark has been registered in the United States. A ™ following a name on our web site indicates that it is an unregistered trademark. All trademarks are the property of their respective owners.

LINKS TO THIS WEB SITE AND USE OF Apnex Medical MARKS. You are hereby granted a non-exclusive, limited, and revocable license to link to this web site. Apnex Medical reserves the right to revoke this license generally, or your right to use specific links, at any time. If Apnex Medical revokes this license, you agree to remove and disable any and all of your links to this web site immediately.

You agree not to present the link to this web site in such a way that it is associated with advertising or appears to be an endorsement of any organization, product, or service. You agree that the link will not appear on a web site that a reasonable person may consider obscene, defamatory, harassing, grossly offensive, or malicious. Under no circumstances may you "frame" this web site or any of its content or copy portions of this web site to a server. You agree not to display or use the Apnex Medical logo or trademark in any manner without our prior written permission.

LINKS TO OTHER WEB SITES. Certain links on this website lead to other resources on servers maintained by third parties over whom Apnex Medical has no control. By clicking on these links you will be leaving the Apnex Medical website and entering the website of another completely independent website. We provide these links for your convenience, but we do not review, control, or monitor the materials on any other web sites. These web sites may contain information about uses of Apnex Medical products or therapies that have not been approved in the United States. We do not control or endorse this type of information. We are not responsible for the information provided on them, performance of those web sites or for your business dealings with them. Your use of other web sites is subject to the terms of use of those web sites.

YOUR FEEDBACK, COMMENTS AND IDEAS. Apnex Medical does not want to receive confidential or proprietary information from you through its website. While we are pleased to receive feedback, comments and ideas from visitors to this web site, we want you to understand that any information that you submit through this web site will be considered non-personal, non-confidential, and non-proprietary (other than personal information, as that term is defined in our Privacy Statement). If you transmit any ideas, information, concepts, know-how or techniques or materials to us through this web site, you hereby grant Apnex Medical an unrestricted, royalty-free, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute them in any medium, and agree that Apnex Medical is free to use them for any purpose, including for the development, manufacturing and marketing or products.

NO WARRANTIES. ALL CONTENT ON THIS WEB SITE IS PROVIDED TO YOU ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

APNEX MEDICAL MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, CURRENCY, OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH THIS WEB SITE.

APNEX MEDICAL MAKES NO REPRESENTATIONS OR WARRANTIES THAT ACCESS TO THE SITE WILL BE AVAILABLE ON A TIMELY BASIS OR AT ALL OR THAT USE OF THIS WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ARE RESPONSIBLE FOR TAKING ALL PRECAUTIONS NECESSARY TO ENSURE THAT ANY CONTENT YOU MAY OBTAIN FROM THIS WEB SITE IS FREE OF VIRUSES AND ANY OTHER POTENTIALLY DESTRUCTIVE COMPUTER CODE.

Some states do not allow limitations on implied warranties, so one or more of the above limitations may not apply to you.

LIMITATION OF LIABILITY. YOU AGREE THAT NEITHER APNEX MEDICAL NOR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS OR ANY OTHER PARTY WHO IS INVOLVED IN CREATING, PRODUCING OR DELIVERING CONTENT FOR THIS WEBSITE (TOGETHER CALLED “APNEX MEDICAL AND OTHERS”), SHALL BE LIABLE FOR ANY DAMAGE RESULTING FROM YOUR USE OR INABILITY TO USE THIS WEB SITE OR THE MATERIALS ON THIS WEB SITE. THIS PROTECTION COVERS CLAIMS BASED ON WARRANTY, CONTRACT, TORT, STRICT LIABILITY, AND ANY OTHER LEGAL THEORY. THIS PROTECTION COVERS ALL LOSSES INCLUDING, WITHOUT LIMITATION, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, AND PUNITIVE DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION.

LIMITED REMEDY. THE TOTAL LIABILITY OF APNEX MEDICAL AND OTHERS SHALL BE LIMITED TO THE AMOUNT OF YOUR ACTUAL DAMAGES, NOT TO EXCEED U.S. $100.00. THE LIMIT OF LIABILITY MAY NOT BE EFFECTIVE IN SOME STATES.

OTHER RULES ABOUT THIS WEB SITE. In addition to the rules in these Terms of Use and the Privacy Statement, you may be subject to additional terms that may apply when you access particular services or materials on certain areas in this web site. Please read our Privacy Statement to learn how we protect and use information that we gather through this web site.

Your obligations under this section and the sections called "Your Feedback", "No Warranties" and "Limitation of Liability" will survive termination of these Terms of Use.

QUESTIONS, COMMENTS, AND NOTICES. Apnex Medical may deliver notice to you by electronic mail, a general notice on this web site, or by written communication delivered by First Class U.S. Mail to your address on record with Apnex Medical. You may deliver notice to Apnex Medical by using the Contact Apnex Medical feature, or at:

Apnex Medical, Inc.
2890 Centre Point Drive
St. Paul, MN 55113
Attention: ApnexMedical.com

 

Get Apnex Medical Clinical Study
and News Updates

Apnex Medical™, Inc. | 2890 Centre Pointe Drive, St. Paul, MN 55113 USA | +1 651.757.4300 | info@apnexmedical.com
© Copyright 2010, Apnex Medical, Inc. All rights reserved. | Privacy Policy | Terms of Use

CAUTION: Apnex HGNS Device is an investigational device and is limited by Federal (or United States) law to investigational use. FOR CLINICAL TRIAL USE ONLY.