LivaNova Offline Patient List Terms of Use
These Terms of Use (“Terms”) specify legally binding obligations vis-à-vis LivaNova, USA, Inc. ("LivaNova," "us" or "we"). By accessing or using the LivaNova Offline Patient List ("OPL"), or clicking "accept" or similarly declaring or indicating your assent, you personally and the hospital or other health care organization you represent (collectively "you") agree to be legally bound and to abide by these Terms, which form or supplement a binding contract between us. These Terms also apply to any other services that we may provide in relation to the OPL, such as customer support. These Terms apply in addition to, not in lieu of, any clauses in a larger commercial agreement between us and the organization you represent.
If you do not want to agree to these Terms, or if you are not authorized to agree to terms by the organization for which you act, you must not access or use the OPL. Your continued access or use of the OPL following changes to these Terms will constitute your acceptance of any changes to our Terms.
- OUR RIGHTS AND OBLIGATIONS
We offer the OPL at our sole discretion and "as is," without any express representations or warranties. We reserve the right to amend and discontinue the OPL, or cancel your access, at any time, at our sole discretion, and without prior notice. LivaNova will not be liable for your use and reliance on the OPL or if for any reason all or any part of the OPL is unavailable at any time or for any period.
WE DISCLAIM ANY AND ALL IMPLIED REPRESENTATIONS AND WARRANTIES REGARDING THE FUNCTIONALITY, AVAILABILITY, AND SECURITY OF THE OPL, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, AND NON-INFRINGEMENT. OUR LIABILITY FOR ANY DAMAGES SHALL BE LIMITED TO $1000. WE SHALL NOT BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, OR SPECIAL DAMAGES, LOSS OF DATA, LOST PROFITS, OR LOST REVENUE. THESE DISCLAIMERS AND LIMITATIONS OF LIABILITY SHALL APPLY TO ANY AND ALL CLAIMS RELATING TO THE OPL OR THESE TERMS REGARDLESS OF THE LEGAL THEORY ON WHICH THEY ARE PRESENTED, INCLUDING, BUT NOT LIMITED TO, TORT, CONTRACT, AND STATUTE, AND REGARDLESS OF WHETHER THE LIMITED REMEDIES PROVIDED HEREIN FAIL OF THEIR ESSENTIAL PURPOSE. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE FUNCTIONALITY, AVAILABILITY, OR ANY OTHER ASPECTS OF THIS OPL SHALL BE TO STOP USING THE OPL.
We shall have the right to: (a) Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the OPL; and (b) terminate or suspend your access to the OPL for any reason including, without limitation, any violation of these Terms.
You waive and hold harmless LivaNova, Inc. and its affiliates and service providers from any claims resulting from any action taken by any of the foregoing parties during, or taken as a consequence of, investigations by either such parties or law enforcement authorities. - YOUR RIGHTS AND OBLIGATIONS
You must confirm that LivaNova and any organization you represent have authorized and continued your right to use our OPL. All information you provide to the OPL must be correct, current, and complete, and be submitted in compliance with all applicable laws. Any accounts you use to access, install, and run the OPL must be personal to you and you must not disclose login credentials to any other person or entity. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You understand and agree that the OPL shall be installed only on your hospital or clinic provided computer or network, and that the OPL shall not be installed on any personal or public computer or network. You understand and agree that LivaNova may, from time to time, send you email communications concerning product updates, including bug patches and updates to product functionality, reliability, and security. - PROHIBITED USES
You may use the OPL only for lawful purposes and in accordance with these Terms. You agree not to use the OPL:
- In any way that violates any applicable federal, state, local, or international laws or regulation, or that could harm patients, us, or anyone else
- To circumvent security procedures or processes within the OPL
- Use any device, software, or routine that interferes with the proper working of the OPL
- Modify the OPL’s operation in any way
- Introduce any viruses, Trojan horses, worms, or other malware that is technologically harmful
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the OPL, the server from which the OPL is downloaded, or any server, computer, or database connected to the OPL
- Otherwise attempt to interfere with the proper working of the OPL
- CHOICE OF LAW AND ARBITRATION
These Terms and any disputes arising out of or in connection with these Terms or the OPL shall be governed by Delaware law and be finally and exclusively resolved in arbitration under the rules and auspices of the commercial arbitration rules of the American Arbitration Association or its successor, except that LivaNova may apply for injunctive relief in any court of competent jurisdiction.