Last Updated: July 8, 2019
THE SITE IS NOT MEDICAL SOFTWARE AND AXONICS DOES NOT PROVIDE MEDICAL ADVICE. IF YOU HAVE ANY HEALTH RELATED QUESTIONS OR IF YOU HAVE AN EMERGENCY, PLEASE CONTACT YOUR DOCTOR OR OTHER HEALTHCARE PROVIDER PROMPTLY OR SEEK ASSISTANCE BY DIALING 911.
Notice regarding dispute resolution: These terms contain provisions that govern how claims you and Axonics have against each other are resolved. See Sections 9 (The Site is Not Medical Software and Axonics Does Not Provide Medical Advice), 12 (Disclaimer of Warranty), 13 (Limitation of Liability), 17 (Time Limitation on Claims), and 20 (Miscellaneous) below.
BY USING THE SITE, YOU ARE CONSENTING TO BE BOUND BY THE TERMS AND CONDITIONS OF THESE TERMS. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THESE TERMS, DO NOT USE THE SITE.
1.The Site and the compilation (meaning the collection, arrangement, and assembly) of all data or content available on the Site are the property of Axonics and/or its licensors and may be protected under copyright, trademark, patent, and other laws or international treaty provisions. The Site is licensed, and not sold, to you under these Terms. You have no ownership rights in the Site or in any related intellectual property rights. Except for the rights expressly set forth in these Terms, Axonics retains all right, title, and interest in and to the Site (including any changes, modifications, or corrections thereto). You agree to take all reasonable steps to protect the Site from unauthorized copying or use.
2.Subject to the terms and conditions of these Terms, Axonics grants you a non-exclusive, non-transferable, limited, and revocable license (without right of sublicense) to use the Site for your personal use. Axonics reserves any rights not expressly granted herein. Any use of the Site not specifically authorized under these Terms is prohibited. Axonics has no responsibility whatsoever to furnish any maintenance and support services with respect to the Site.
3.You may not copy, modify, adapt, translate into any language, distribute, or create derivative works based on the Site without the prior written consent of Axonics. You may not use any data mining, robots, scraping, or similar data gathering or extraction methods in connection with the Site. You may not assign these Terms or any of the rights or licenses granted under these Terms or sublicense, resell, rent, lease, or lend the Site to any person or entity. Any attempted sublicense, transfer, or assignment in violation of these Terms is void. You acknowledge that the Site contains proprietary trade secrets of Axonics. You agree not to decompile, disassemble, reverse engineer, or attempt to reconstruct, identify, or discover any source code, underlying ideas, underlying user interface techniques, or algorithms of the Site by any means whatsoever (including, but not limited to, bypassing or breaching any security device or protection used for or contained in the Site), except to the extent the foregoing restriction is prohibited by applicable law. You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of Axonics, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site. You may not use the Site for the purposes of benchmarking or competitive analysis or for developing, using or providing a competing software product or service. You also agree that you will use the Site only in a manner that complies with all applicable laws in the jurisdictions in which you use the Site. You also may not attempt to interfere with, harm, steal from, scrape, or gain unauthorized access to any portion or feature of the Site or technology and equipment supporting the Site. You may not access the Site from a jurisdiction where it is illegal or unauthorized.
5.The Site may contain technological measures designed to prevent unauthorized or illegal use of the Site. You acknowledge and agree that Axonics may use these and other lawful measures to verify your compliance with these Terms and enforce Axonics’s rights, including without limitation all intellectual property rights, in and to the Site.
6.If you elect to provide or make available to Axonics any suggestions, comments, ideas, improvements, or other feedback or materials related to the Site or otherwise (collectively, “Suggestions”), Axonics will be free to use, disclose, reproduce, modify, license, transfer and otherwise utilize and distribute your Suggestions in any manner. You will be entitled to no compensation or credit for, nor gain any right, title or interest in or to, any Axonics product, service, or other offering that incorporates or otherwise is based on your Suggestions, including without limitation any upgrades or changes to the Site.
8.The materials and information appearing on or available through the Site and related services could include technical, typographical, or photographic errors. Axonics does not warrant that any of the materials or information are accurate, complete, or current. Axonics may make changes to the materials or information contained on or accessible through the Site and related services at any time without notice. Axonics does not, however, make any commitment to update the materials or information.
9.YOU EXPRESSLY AGREE THAT THE SITE DOES NOT PROVIDE MEDICAL ADVICE AND THAT THE SITE IS NOT A MEANS FOR AXONICS TO PROVIDE YOU MEDICAL ADVICE. THE CONTENT AND INFORMATION PRESENTED TO YOU THROUGH THE SITE IS NOT INTENDED TO BE AND SHOULD NOT BE USED IN PLACE OF (A) THE ADVICE OF YOUR DOCTOR OR OTHER HEALTHCARE PROVIDERS, (B) A VISIT, CALL OR CONSULTATION WITH YOUR DOCTOR OR OTHER HEALTHCARE PROVIDERS, OR (C) INFORMATION CONTAINED ON OR IN ANY PRODUCT PACKAGING OR LABEL. IF YOU HAVE ANY HEALTH RELATED QUESTIONS OR IF YOU HAVE AN EMERGENCY, PLEASE CONTACT YOUR DOCTOR OR OTHER HEALTHCARE PROVIDER PROMPTLY OR SEEK ASSISTANCE BY DIALING 911. YOU SHOULD NEVER DISREGARD MEDICAL ADVICE OR DELAY SEEKING MEDICAL ADVICE BECAUSE OF ANY CONTENT OR INFORMATION PRESENTED TO YOU THROUGH THE SITE, AND YOU SHOULD NOT USE THE SITE FOR DIAGNOSING OR TREATING A HEALTH PROBLEM. YOUR USE OF THE SITE DOES NOT CONSTITUTE OR CREATE A DOCTOR-PATIENT, THERAPIST-PATIENT OR OTHER HEALTHCARE PROFESSIONAL RELATIONSHIP BETWEEN YOU AND AXONICS.
10.The Site may link to or provide access to content, applications, systems, platforms, or websites that are controlled and maintained by third parties. Axonics is not responsible for and does not endorse any features, content, advertising, products, services, or other materials on or available through other websites or applications. You assume all risk and Axonics disclaims all liability arising from your use of such third party content, applications, or websites.
11.You agree to immediately notify Axonics of and indemnify and hold harmless Axonics and its respective employees and agents (“Released Parties”) from any claim or demand, including attorneys’ fees, due to or arising out of your use of the Site, your violation of these Terms, your breach of any representation or warranty in these Terms or any allegation that Suggestions or other materials you submit to Axonics infringe, misappropriate or otherwise violate the copyright, patent, trademark, trade secret or other intellectual property or other right of any third party.
12.THE SITE IS PROVIDED “AS IS” AND WITH ALL FAULTS, AND THE ENTIRE RISK AS TO THE USE AND PERFORMANCE OF THE SITE IS WITH YOU. SHOULD THE SITE PROVE DEFECTIVE, AXONICS DOES NOT HAVE ANY LIABILITY FOR THE SERVICING AND/OR REPAIR OF THE SITE. AXONICS HEREBY DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE SITE, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR USE OR PURPOSE. AXONICS DOES NOT WARRANT THAT THE SITE WILL MEET YOUR REQUIREMENTS IN ANY RESPECT, THAT THE OPERATION OR USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR FREE, THAT ERRORS IN THE SITE CAN OR WILL BE CORRECTED, OR THAT MATERIALS OR INFORMATION ON THE SITE WILL BE ACCURATE, COMPLETE, TIMELY, OR RELIABLE. AXONICS DOES NOT WARRANT THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION OR ON ANY SPECIFIC DEVICE, THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED, OR THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE(S) OR LOSS OF DATA THAT RESULTS FROM USE OF THE SITE. YOU ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION ARE A MATERIAL INDUCEMENT AND CONSIDERATION TO AXONICS TO GRANT THE LICENSE CONTAINED IN THESE TERMS AND TO PROVIDE YOU WITH ACCESS TO THE SITE.
13.TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE RELEASED PARTIES BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES, LOST REVENUE, LOST PROFITS, OR LOST OR DAMAGED DATA IN CONNECTION WITH OR ARISING OUT OF THESE TERMS OR OTHERWISE, EVEN IF THE RELEASED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE TOTAL AGGREGATE LIABILITY OF AXONICS OR ANY OTHER RELEASED PARTY UNDER THESE TERMS FOR ANY CAUSE OF ACTION OR REASON WHATSOEVER SHALL NOT EXCEED $100. THE FOREGOING LIMITATIONS WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSES OF ANY LIMITED REMEDY OF ANY KIND.
14.Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain damages. Accordingly, some of the above disclaimers, limitations and exclusions may not apply to you. To the extent that Axonics may not, as a matter of applicable law, disclaim any warranty or limit or exclude any liability, the scope and duration of such warranty and the extent of Axonics’s liability shall be the minimum permitted under such applicable law.
15.These Terms are effective upon your use of the Site and shall continue until it is terminated. Axonics may immediately terminate these Terms, and/or your access to and use of the Site, or any portion thereof, at any time and for any reason, with or without cause, without prior notice. Axonics reserves the right to refuse to provide the Site to you in the future. These Terms will automatically terminate upon your violation of any of the terms of these Terms. Upon termination of these Terms, all license rights granted to you shall immediately terminate and you must cease all use of the Site. However, all other provisions of these Terms shall survive such termination.
16.You acknowledge that the laws and regulations of the United States restrict the export and re-export of commodities and technical data of United States origin. You agree that you will not export or re-export the Site in any form in violation of the laws of the United States or any foreign jurisdiction. You represent and warrant that: (i) you are not located in a country that is subject to U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
17.You agree that any claim you may have arising out of or related to your relationship with Axonics and these Terms must be filed within one year after such claim arose; otherwise, your claim is permanently barred.
18.Axonics reserves the right to change or modify portions of these Terms at any time. If Axonics does so, Axonics will indicate at the top of the page the date these Terms were last revised. Axonics may also notify you of any material changes in an email notification or through other reasonable means. Any such changes will become effective no earlier than 14 days after being posted, except that changes addressing new functions of the Site or changes made for legal reasons may become effective immediately. Your continued use of the Site after any such changes or modifications become effective constitutes acceptance of such changes or modifications. If you do not agree to abide by these or any future Terms, do not use or access (or continue to use or access) the Site.
19.Axonics may choose to provide updates to the Site, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, “Updates”), from time to time in its sole discretion. Updates may also modify or delete in their entirety certain features and functionality of the Site. You acknowledge and agree that Axonics has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Axonics does not represent or warrant that any future Updates to the Site will be compatible with any hardware or software versions or applications (including any future versions or updates of your mobile device or its operating system). You agree that all Updates will be deemed part of the Site and be subject to the version of these Terms which are applicable as of the time you use any such Update to the Site.