USER AGREEMENT
Sciton provides this website to you subject to this User Agreement (“Agreement”). Please read this User Agreement carefully before using the ScitonPro website. This Agreement constitutes a legal agreement between you and Sciton and governs all use of this website, including all content, information and services provided on this website. By accessing, browsing, or using this website, you acknowledge that you have read, understood, and agree to be bound by this Agreement. We may update this Agreement at any time, with or without notice to you. Each time you access this website, you agree to be bound by the Agreement then in effect. If you do not agree to the terms of this Agreement, please do not use this site.
Permissions
The terms used are defined as follows:
· “ScitonPro Material” means the marketing templates, photographs, videos, Sciton logos and all other information and content on the Sciton Professional Website, located at www.scitonpro.com.
· “Authorized Sciton Device(s)” means a Sciton device(s) that you have purchased directly from Sciton or an authorized distributor; that has been regularly serviced by Sciton and that is still under warranty; that have been loaned to a user under a Sciton executed investigator or other arrangement. All other devices, including but not limited to, used or second-hand devices, devices that are no longer under warranty, and devices that have not been regularly serviced by Sciton are NOT Authorized Sciton Devices and are NOT permissive users of the ScitonPro website.
By using this website, you are granted nonexclusive, nontransferable, limited permission to access and use the ScitonPro Materials for purposes of marketing your Authorized Sciton Device(s), subject to the terms and conditions of this Agreement. You may not copy, download, store, publish, transmit, transfer, sell or otherwise use the ScitonPro Materials or any portion of the ScitonPro Materials, in any form or by any means except (i) as expressly permitted by this Agreement, or (ii) with Sciton’s prior written permission. If you sell or otherwise transfer right, title, and/or interest in your Sciton device to a third party, access to ScitonPro is revoked and terminated; and you may not transfer access to any third-party buyer of the Sciton device without breaching this Agreement.
You may use the ScitonPro Materials solely in the regular course of marketing and providing services utilizing the Authorized Sciton Device(s). This includes the right to use, copy, or prepare derivative works of ScitonPro Materials and thereafter reproduce, publicly display, or distribute ScitonPro Materials and materials containing portions of, or derived from, ScitonPro Materials, in hard copy or electronic formats, internally or to third parties subject to the restrictions set forth in this Agreement, provided that the sole purpose is to market your services utilizing your Authorized Sciton Device(s). You may not duplicate, transmit, or otherwise share the ScitonPro Materials to unauthorized third parties.
Patents, Copyrights and Trademarks
The technology, ScitonPro Materials and all related materials, in all languages, formats and media throughout the world, including all patents, copyrights and trademarks are owned by Sciton, Inc. Except as otherwise stated in this Agreement, Sciton retains all proprietary rights to that content and technology. This Agreement does not transfer any ownership rights in the ScitonPro Materials, including any and all logos and trademarks, to you or any third party. Any unauthorized use of the ScitonPro Materials or information on the ScitonPro website may violate patent, copyright, trademark and other laws, whether or not said intellectual property is registered.
Usage Restrictions
You may not:
· Distribute, share, or provide your email, password, and/or Customer ID number to third parties;
· Make any attempt to circumvent the technological measure(s) that controls access to or use of the ScitonPro Materials;
· Store, cache, use, upload, distribute, or publish the ScitonPro Materials or otherwise use www.scitonpro.com in violation of Sciton’s or a third party’s rights, including intellectual property rights, privacy rights, nondiscrimination laws, or any other applicable law or governmental regulation;
· Remove or obscure any Sciton patent, copyright, trademark, proprietary rights notices, and/or legends contained in or affixed to any ScitonPro Materials; or
· Use or incorporate any portion of the ScitonPro Materials to promote or market a product or service other than your services utilizing your Sciton Authorized Device(s).
· Use or incorporate any portion of the ScitonPro Materials to promote off-label uses of Sciton devices. All use of ScitonPro Materials must relate to on-label applications of your Sciton Authorized Device(s).
Security
ScitonPro is intended by Sciton to require a valid, working e-mail address and password to assess and use the ScitonPro Materials. You are solely responsible for (1) maintaining the strict confidentiality of this e-mail address and password (2) not allowing another person to use your e-mail address, password and/or customer ID number to access ScitonPro, (3) any damage or losses that may be incurred or suffered as a result of your failure to maintain the strict confidentiality of your e-mail, password and/or customer ID number and (4) promptly informing Sciton in writing of any need to deactivate your ScitonPro account due to potential or actual safety concerns. Sciton is not liable for any harm related to the theft of your e-mail, password or customer ID number as a result of your authorization to allow another person or entity to access and use your e-mail, password and/or customer ID number.
Medical Disclaimer
The ScitonPro Materials are available through this website to assist you in marketing your Sciton Authorized Device(s) and are not a substitute for the professional judgment of a health care professional in diagnosing and treating patients. None of the ScitonPro Materials are intended to provide medical diagnosis or treatment purposes. The ScitonPro Materials are not intended to provide medical advice or physician instruction on the appropriate use of your Authorized Sciton Device(s). Persons accessing the ScitonPro Materials assume full responsibility for the use of the information contained therein and agree that Sciton is not responsible or liable for any claim, loss, or damage arising from the use of the information. Your reliance upon the ScitonPro Materials obtained or used by you through the website is solely at your own risk.
Disclaimer of Warranties and Limitation of Liability
Sciton provides this website “as is” without warranty of any kind, express or implied, including, but not limited to warranties of performance, merchantability, fitness for a particular purpose, noninfringement, accuracy, completeness and currency. No oral or written information or advice given by Sciton or a Sciton authorized representative shall create a warranty.
Sciton provides the ScitonPro Materials as a courtesy to users of ScitonPro, but does not guarantee that the ScitonPro Materials comply with your state and/or local law. Sciton assumes no liability – medical, legal, or otherwise – for your use of the ScitonPro Materials. The ScitonPro Materials may require modification and are not intended as a substitute for your seeking legal advice to assure such documents or materials conform to applicable local, state and federal laws in your jurisdiction.
You assume the entire risk or cost associated with your access to and use of the ScitonPro Materials, including but not limited to, the quality and performance of www.scitonpro.com and the ScitonPro Materials. In no event shall Sciton be liable for any claim for damages of any kind, whether based in contract, extra-contractual, tort, or strict liability, relating in any way to the ScitonPro Materials, including but not limited to (i) inability to access or use the ScitonPro Materials, (ii) any decision made or action taken in reliance upon or utilizing the ScitonPro Materials, (iii) any lost profits or other consequential, exemplary, incidental, indirect or special damages relating in whole or in part to the use of, or inability to use the ScitonPro Materials, even if Sciton has been advised of the possibility of such damages; (iv) the procuring, compiling, interpreting, editing, writing, reporting or delivering of information or content.
Links to Third Party Sites
This website may provide links to other third-party websites or resources, like Shopify™. Sciton makes no representation whatsoever about any other website which you may access through this website. Because Sciton has no control over such sites and resources, you acknowledge and agree that Sciton is not responsible for the availability of such external sites or resources and is not responsible or liable for any content, advertising, products, services or other materials on or available from such sites or resources.
Termination
Your rights under this Agreement will terminate automatically or otherwise cease to be effective without notice from Sciton if you fail to comply with any term(s) of this Agreement. You acknowledge and agree that Sciton, in its sole discretion, may terminate your website access if your conduct is found to be unlawful, inconsistent with, or in violation of this Agreement, or for any other reason. This Agreement shall terminate automatically if (i) you purchase or obtain a Sciton device from any person or entity other than Sciton or a Sciton authorized distributor, including but not limited to purchasing a previously-owned Sciton device(s) from a third-party broker; (ii) you fail to have your Authorized Sciton Device(s) regularly serviced and maintained; or (iii) when your Authorized Sciton Device(s) is no longer under warranty. Sciton shall not be liable to you or any third party for termination of website access. Should you object to any terms and conditions contained in this Agreement, or to any subsequent modifications thereto, your only recourse is to immediately discontinue use of this website.
Privacy Notice
Effective Date: January 11, 2017
Policy
Sciton is committed to protecting the privacy of your personally identifiable information to the extent possible. This Privacy Notice discloses the privacy practices for ScitonPro and our website, www.scitonpro.com, in compliance with the California Online Privacy Protection Act. This Privacy Notice applies only to information collected by this website and not to information collected offline. This website is only to be accessed by medical professionals, not consumers, and by accessing the website, you acknowledge that you will not share your access with consumers and/or other non-authorized users.
Information Collection
Sciton only collects information that you voluntarily give us when you register to use our site, www.scitonpro.com; when you subscribe to our newsletter; and/or when you respond to a survey or fill out a form through this website. We may collect the following personally identifiable information from you:
· Your name
· E-mail address
· Mailing address
· Phone number
We honor “Do Not Track” requests to the extent a user activates a “do not track” tool through his or her web browser, but otherwise, ScitonPro does not have a separate program or plug-in.
Information Use and Sharing
Unless you ask us not to use the information we collect from you, your information may be used in one of the following ways:
· To improve our website
(we continually strive to improve our website offerings based on the information and feedback we receive from you)
· To administer a contest, promotion, survey, or other site feature
· To sent periodic emails with useful information, responses to inquiries, and/or other requests or questions. By using Scitonpro, you specifically opt in to Sciton’s periodic email threads about products, events, etc.
We are the sole owners of the information collected on this site. We will not sell or rent this information to anyone. We will not share your information with any third party outside of our organization other than as necessary to fulfill your requests, e.g., to ship a product to you, or as required by law.
Sciton uses “cookies” on this site, namely Google Analytics. A cookie is a piece of data stored on a site visitor’s hard drive to help us improve your access to our site and identify repeat visitors to our site. Cookies can also enable us to track and target the interests of our users to enhance their experience on our site. Personally identifiable information is not stored within cookies.
Controlling and Correcting Your Information
If you wish to review, modify, delete, or otherwise express your concerns about any personal identifying information that you previously provided, you can do so at any time by contacting:
Sciton, Inc.
925 Commercial Street
Palo Alto, CA 94303
United States
Phone: +1.650.493.9155
Toll Free: +1.888.646.6999
info@sciton.com
Securing Your Information
We take precautions to protect your information. When you submit personal information via the website, your information is protected both online and offline. Only employees who need the information to perform a specific job (i.e., customer service) are granted access to personally identifiable information. The computers/servers on which we store personally identifiable information are kept in a secure environment.
Policy Changes
Whenever material changes are made to this privacy policy, they will be posted at this URL.
Children’s Online Privacy Protection Act Compliance
We are in compliance with the requirements of the Children’s Online Privacy Protection Act (COPPA). We do not collect any information from anyone under 13 years of age. Our Scitonpro website is directed to persons who are at least 13 years of age or older and medical professionals, not consumers.
Consent
By using our site, you consent to the terms set forth in this Privacy Notice.
Indemnification
You agree to indemnify, defend, and hold Sciton and its officers, directors, employees, affiliates, agents, licensors, and suppliers harmless from and against all claims, losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from (1) your breach of this Agreement, (2) your unauthorized, improper, or unlawful use of the ScitonPro website and ScitonPro Materials, and (3) the unauthorized, improper or unlawful use of the ScitonPro website and ScitonPro Materials by any other person using your e-mail, password, and/or customer ID number.
Export Control
You may not use or otherwise export the ScitonPro Materials except as authorized by United States law and the laws of the jurisdiction(s) in which the ScitonPro Materials were obtained. In particular, but without limitation, the ScitonPro Materials may not be exported (i) into any U.S. embargoed countries or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List or any other restricted party lists. By accessing, downloading, or using the ScitonPro Materials, you represent and warrant that you are not located in any such country or on any such list.
Governing Law and Jurisdiction
This Agreement shall be governed by and construed in accordance with the laws of the State of California without giving effect to the principles of conflict of laws. You agree that the State and Federal Courts of Law in Santa Clara County, California have exclusive jurisdiction to adjudicate any dispute arising out of this Agreement, including any action seeking equitable relief.
Divisibility
If any provision of this Agreement becomes or is declared illegal, invalid, or unenforceable, such provision will be divisible from this Agreement and will be deemed to be deleted from this Agreement.
Entirety
This Agreement represents the entire agreement and understanding between you and Sciton. All captions and headings in this Agreement are for purposes of convenience only and shall not affect the construction or interpretation of any of its provisions.
Users may obtain written copies of this policy upon written email request to nathan.hahn@sciton.com.