Terms of Use

1. Overview

These Terms of Use shall apply to your use of any website owned and operated by Beaver-Visitec International Holdings, Inc., including its subsidiaries, divisions, companies under common control, affiliates, and related companies, (collectively referred to as “BVI”), (BVI’s website(s) being referred to as "BVI's Website" and the "Website"). BVI’s Website is designed to provide general information about BVI and its products and services. Nothing contained on BVI’s Website is intended to offer medical advice for the treatment of illness or disease, or to be a substitute for professional medical advice, diagnosis or treatment. Should you have a medical condition, promptly see your health care provider. Specific questions pertaining to your medical condition and appropriate treatment should be directed to your health care provider. You should never disregard professional medical advice or delay seeking it because of something you have read on BVI’s Website. Before using any product or service discussed on the Website, please consult your health care provider. In addition, nothing presented here is intended to provide instructions on the use of the products supplied by BVI. For specific information and instruction relative to BVI’s products and services, please refer to the product labeling supplied with all BVI products.

2. Acceptance of Terms

BVI’s Website is offered to you, subject to the following terms, conditions and notices contained or referenced herein (the "Terms of Use"), which govern use of the Website. By using the Website, you signify your agreement to the Terms of Use. If you do not agree to all of the Terms of Use, please do not use BVI’s Website. BVI reserves the right, at its discretion, to update or revise the Terms of Use without notice to you. Your continued use of BVI’s Website following the posting of any changes to these Terms of Use constitutes your acceptance of those changes.

3. BVI’s Privacy Policy

BVI handles personal information in accordance with BVI’s Privacy Policy.

4. Scope of Use

BVI’s Website and the information contained in reference herein are for general informational purposes only. Any reproduction or copying of any materials or design elements of the Website is strictly prohibited, without the prior written consent of BVI. Requests for permission to reproduce any information contained on the Website should be addressed to marketing@bvimedical.com. Notwithstanding the above, BVI authorizes you to make one (1) electronic or paper copy of the information posted on any page on the Website, provided that the copy is used solely for non-commercial, personal purposes, and further provided that any such copy remains protected by all copyright, trademarks, service marks, and other proprietary notices and legends contained on BVI’s Website. Systematic retrieval of data or other content from the Website to create or compile, directly or indirectly, a collection, compilation, database or directory without the written permission of BVI is prohibited.

5. Government Regulations

BVI offers products and services to diagnose, prevent and treat diseases of the eye and other portions of the body as specified on a product’s “Instructions for Use” or equivalent. These products, used by health care professionals, are regulated by government agencies in each of the countries in which BVI does business, such as the U.S. Food and Drug Administration, or the Committee on Safety of Medicine in the United Kingdom. Please check with the relevant government agency and regulatory authority for information appropriate in your country. BVI’s Website contains information about products which may or may not be available in any particular country, may be available under different trademarks in different countries, and where applicable, may be approved or cleared by a government regulatory body for sale or use with different indications and restrictions in different countries. Nothing contained on BVI’s Website should be construed as a promotion or solicitation for any product or for the use of any product in a particular way which is not authorized by any referent law or regulation in your jurisdiction. Specific questions about the availability and use of products described on BVI’s Website should be directed to marketing@bvimedical.com.

6. Links to Third-Party Sites

BVI’s Website may contain links to other Websites ("Linked Sites"). The Linked Sites are not under the control of BVI, and BVI is not responsible for the contents of any Linked Site, including, without limitation, any link contained on a Linked Site, or any changes or updates to a Linked Site. BVI is providing Linked Sites to you only as a convenience, and the inclusion of such Linked Sites is not an endorsement by BVI in favor of any company offering products or services on the Linked Site. BVI accepts no responsibility for any loss or damage that may arise from your use of or reliance on any content, products or services available on or through a Linked Site.

7. Links from Third-Party Sites

You may link to BVI’s Website provided you do so in a way that is fair and legal and in accordance with BVI’s Linking Policy. The same definitions of BVI and BVI’s Website provided herein are used in the Linking Policy.  BVI reserves the right to withdraw, without notice, your permission to link to the Website.

8. Links to Third-Party Videos/Animations

BVI’s website may contain links to demonstration videos or animations hosted by other websites (“Demonstration Videos”). The Demonstration Videos are not under the control of BVI.  BVI provides links to Demonstration Videos to you only as a convenience, and the inclusion of a link to such Demonstration Videos is not an endorsement of any technique, diagnosis, procedure, or other content shown in any of the Demonstration Videos. At least some of the Demonstration Videos may be prepared by individual practitioners to show all or portion of a medical procedure; the content, technique, diagnosis, and procedure shown in these Demonstration Videos are based on the judgment of the individual practitioners and are not to be considered medical advice.  The Demonstration Videos may contain promotional content.  Nothing contained in the Demonstration Videos is intended to offer medical advice for the treatment of illness or disease, or to be a substitute for professional medical advice, diagnosis or treatment.

9. No Unlawful or Prohibited Use

As a condition of your use of BVI’s Website, you warrant that you will not use the Website for any purpose that is unlawful or prohibited by these Terms of Use. You may not use the Website in any manner that could damage, disable, overburden, or impair the Website or any user of the Website, or interfere with any other party's use of the Website. You may not use any device, software or routine, including, but not limited to, any viruses, trojan horses, worms, time bombs or cancel bots intended to damage or interfere with the proper working of the Website or to intercept or expropriate any system, data or personal information from the Website. You also agree that you will not upload, post or transmit any communications or content of any type that (1) infringes or violates any rights of any party, (2) is false, inaccurate, misleading or fraudulent, (3) violates any applicable law, statute, rule or regulation. You will not use the Website to access any third-party sites or cause damage to them.

10. Intellectual Property

You acknowledge and agree that information presented to you through BVI’s Website is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by BVI, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Website in whole or in part. Any rights not expressly granted herein are reserved.

11. Notice of Copyright Infringement

Notice of claims of copyright infringement on BVI’s Website may be sent to:

marketing@bvimedical.com.

BVI will endeavor to remove in a timely manner any content which infringes the copyright of any person under the laws of the United States upon receipt of written notice in a manner consistent with the requirements set forth in 17 U.S.C. § 512(c)(3). United States law provides significant penalties for submitting such a statement falsely.

12. Trademark and Service Mark Rights

All rights in the product names, company names, trade names, logos, product packaging and designs of all BVI or third-party products or services, whether or not appearing in large print or with the trademark symbol, belong exclusively to BVI or their respective owners, and are protected from reproduction, imitation, dilution or confusing or misleading uses under national and international trademark and copyright laws. The use or misuse of these trademarks or any materials, except as permitted herein, is expressly prohibited, and nothing stated or implied on BVI’s Website confers on you any license or right under any patent or trademark of BVI or any third party.

13. Disclaimer of Warranties

All materials, information, products and services included in or available through BVI’s Website are provided "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. BVI has made and will continue to make diligent efforts to include accurate and up-to-date information on BVI’s Website. However, BVI makes no warranties or representations, express or implied, that the information contained or referenced in BVI’s Website is accurate, complete, reliable or correct; that BVI’s Website will be available at any particular time or location; that any defects or errors will be corrected; or that the content is free of viruses or other harmful components. You agree that all access to and use of BVI’s Website, any Linked Site, any linked Demonstration Video and the contents thereof are at your own risk. Because some jurisdictions do not permit the exclusion of certain warranties, these exclusions may not apply to you.

14. Limitation of Liability

Neither BVI nor any party involved in creating, producing or delivering BVI’s Website, or any Linked Site or Demonstration Video, shall be liable in any manner whatsoever for any direct, incidental, consequential, indirect or punitive damages arising out of your access, use or inability to use BVI’s Website, Linked Site or Demonstration Video, or any errors or omissions in the content thereof. BVI reserves the right to alter the content of BVI’s Website in any way (including removing links to any Linked Sites or Demonstration Videos), at any time, for any reason, without prior notification, and will not be liable in any way for possible consequences of such changes. In addition, BVI expressly disclaims any and all liability related to, arising from, or connected with a third-party Linked Site or Demonstration Video. These limitations apply whether the alleged liability is based in contract, tort, negligence, strict liability, or any other basis, even if BVI has been advised of the possibility of such damage. Because some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, BVI’s liability in such jurisdictions shall be limited to the maximum extent permitted by law and any exclusion or restriction on liability for death or personal injury arising from BVI’s negligence or fraud will not apply if it is prohibited in your jurisdiction.

15. Indemnification

You agree to defend, indemnify and hold harmless BVI and its subsidiaries, affiliates, directors, officers, agents, co-branders or other partners and employees from and against any and all liabilities, claims and expenses, including reasonable attorneys' fees, made by any third party due to or arising out of content you submit, post to or transmit through BVI’s Website, your use of BVI’s Website, your violation of the Terms of Use or your violation of any rights of another person or entity.

16. Choice of Law and Forum

These Terms of Use shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, excluding its conflict of law rules. You and BVI expressly agree to submit to the exclusive jurisdiction and venue of the courts in Massachusetts, in all disputes arising out of or relating to the use of BVI’s Website.

17. Severability and Integration

Unless otherwise specified herein, these Terms of Use (together with the documents referred herein) constitute the entire agreement between you and BVI and govern your use of BVI’s Website, superseding any prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and BVI. If any portion of these Terms of Use are held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect.

18. No Waiver

The failure of BVI to enforce any provisions of these Terms of Use or respond to a breach by you or other parties shall not in any way waive its right to enforce subsequently any terms or conditions of these Terms of Use or to act with respect to similar breaches.

19. Miscellaneous

You agree that no joint venture, partnership, employment, or agency relationship will exist between you and BVI as a result of these Terms of Use or your use of BVI’s Website. Nothing contained in these Terms of Use is in derogation of BVI’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Website or information provided to or gathered by BVI with respect to such use. A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

20. Termination

BVI reserves the right, in its sole discretion, to terminate your access to all or part of BVI’s Website, with or without notice to you. You agree that BVI shall not be liable to you or any third party for any termination of your access to BVI’s Website.