Terms of Use

Welcome to the Perfuzia Website. These Terms of Use will govern your access to and use of this Website. PLEASE READ THESE TERMS OF USE CAREFULLY, BECAUSE ACCESS TO OR USE OF THIS SITE CONSTITUTES ACCEPTANCE OF THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS OR USE THIS WEBSITE. These Terms of Use were last updated on May 5th, 2009. Perfuzia Medical, Inc. ("Perfuzia") reserves the right to change these Terms of Use at any time, and you should check these Terms on each visit to this Website. Access to or use of this Website constitutes acceptance of the most recent version of the Terms of Use.


1. Disclaimer 
The Perfuzia Website is offered as a service to provide general information about the products and services of Perfuzia in the United States. If you live outside of the United States, some products and services described may not be available in your country. Perfuzia does not practice medicine or provide medical services, care or advice, and the information on this Website is not to be construed as medical, legal, investment or other advice. You should consult your healthcare professionals for medical advice and other advisors as appropriate. Perfuzia shall not be liable for any claim or demand against Perfuzia by you and/or by any third party, based on the provision of, or lack of provision of, medical care to you or any other party.


2. Intellectual Property 
All content on the Perfuzia Website is the property of Perfuzia or is licensed to Perfuzia . Unless otherwise noted, all intellectual property rights (including copyrights, trademarks, and trade dress) in the Web Site Materials are owned, controlled or licensed by Perfuzia or one of its affiliates. In addition, the compilation (meaning the collection, arrangement, and assembly) of all content on this Web Site is the exclusive property of Perfuzia and is also protected by U.S. and international copyright laws. When you download or print content, all accompanying copyright, trademark and other proprietary notices should be retained. Title to the Website and its content remains with Perfuzia or its licensors, and all rights not expressly granted are reserved. 
The names, marks and logos included on this Web Site and in the Web Site Materials are, unless otherwise noted, trademarks owned by or licensed to Perfuzia. The use of these marks, except as provided in these Terms and Conditions, is prohibited. From time to time, Perfuzia may use third party trademarks on this Web Site. Such trademarks shall remain the intellectual property of their respective third party owners, and Perfuzia makes no claim to ownership of any such trademarks.

3. Limited Linking License for Other Websites 
Commercial and other websites may include a link to Perfuzia's Website (www.Perfuzia.com), so long as the link complies with the following: 
a. links to Perfuzia's homepage at www.Perfuzia.com and does not frame any Perfuzia Website content; 
b. states that the link will lead to the Website of "Perfuzia Medical, Inc.;" and 
c. does not falsely represent or suggest any relationship between the linking Website or the linking sponsor's products or services and Perfuzia (including suggestions of affiliation or endorsement), unless such a relationship exists and the statement describing the relationship has been expressly permitted by Perfuzia. 
Perfuzia reserves the right to revoke this license to use specific links at any time. If Perfuzia revokes this license, you agree to immediately remove all links to this Website.


4. Third Party Sites 
This Website may contain links to other websites for your convenience, but Perfuzia does not monitor or control the content of other websites. By providing access to other websites, Perfuzia is not endorsing products or services offered by any other entity and is not recommending the purchase or sale of the stock issued by any company. Perfuzia disclaims all liability for the content of any website that may be linked to the Perfuzia Website via hyperlink, whether such hyperlink is provided by Perfuzia or by another entity. Your use of linked websites is subject to the terms of use of those websites.


5. Restrictions 
You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Perfuzia Website, or any other customer of Perfuzia, or exploit the Perfuzia Website or its content in any way where the purpose is to reveal any personal identification or information, other than your own information. You agree not to use any device or routine to interfere or attempt to interfere with the proper working of, or any other person's use of, the Perfuzia Website. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Perfuzia Website or Perfuzia's systems or networks, or any connected systems or networks.


6. Disclaimer of Warranties 
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE Perfuzia WEBSITE AND THE CONTENT MADE AVAILABLE ON IT ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Perfuzia MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE ACCURACY, COMPLETENESS, CURRENCY OR RELIABILITY OF CONTENT AVAILABLE THROUGH THIS WEBSITE, OR AS TO THE USE OF THIS WEBSITE BEING UNINTERRUPTED OR ERROR-FREE. You are responsible for all risk for your access and use of this Website, including without limitation, for taking all precautions necessary to ensure that any content you may obtain from this Website is free from viruses and any other potentially destructive computer code. EXCEPT AS SPECIFICALLY PROVIDED IN THESE TERMS OF USE, THERE ARE NO OTHER WARRANTIES, EXPRESS OR IMPLIED.


7. Limitation of Liability 
To the maximum extent permitted by applicable law, under no circumstances will Perfuzia, or any person or entity associated with Perfuzia, be liable for any losses, expenses or damages whatsoever, whether in contract, tort (including without limitation, negligence) or otherwise, including without limitation reasonable attorneys' fees ("Damages") from the use of, inability to use, or reliance on, or any error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communications line failure, theft, destruction or unauthorized access to, or alteration of, the Perfuzia Website or its content, including without limitation, any liability for Damages to your computer hardware, data, information or business and any liability for special or consequential Damages, even if Perfuzia or an Perfuzia authorized representative has been advised of the possibility of such Damages. 
In no event will Perfuzia's total liability to you for Damages exceed the amount you paid, if any, for accessing the Perfuzia Website. If you live in a state that does not allow the limitation or exclusion of liability or damages, the above limitation or exclusion may not apply to you. All claims and representations presented in the Perfuzia Website are intended to be forward-looking and are qualified by important factors.


8. Your Comments and Suggestions 
We appreciate comments and suggestions from visitors to the Perfuzia Website. However, any information you submit through this Website will be considered non-personal, non-confidential and non-proprietary. You hereby grant and will grant to Perfuzia an unrestricted, royalty-free, irrevocable right to use, reproduce, display, perform, create derivative works of, transmit and distribute your comments and suggestions in any medium and for any purpose.


9. General Terms 
Perfuzia reserves the right to change these Terms of Use or the Website content and to discontinue Website availability at any time without notice. If any provision of these Terms of Use is determined to be invalid by any court having competent jurisdiction, the other provisions will remain in full force and effect and the invalid provision shall be interpreted to the fullest extent permitted by law. The laws of the State of Delaware and the federal laws of the United States will exclusively govern these Terms of Use. You agree that the only proper venue for any dispute will be a federal or state court located within the Commonwealth of Massachusetts, and you consent and submit to the personal jurisdiction of those courts for the purposes of litigating any such dispute. THE PARTIES IRREVOCABLY AND VOLUNTARILY WAIVE ANY RIGHT THEY MAY HAVE TO A TRIAL BY JURY TO THE EXTENT PERMITTED BY LAW. Sections 1-8 will survive any termination of these Terms of Use. You agree to hold Perfuzia and its licensors harmless from all losses, expenses and damages, including without limitation reasonable attorneys' fees, resulting from or relating to any information you provide or your violation of these Terms of Use or the Privacy Statement. These Terms of Use are the sole agreement between you and Perfuzia relating to the subject matter herein. 

10. Digital Millennium Copyright Act Notice 
Perfuzia respects the intellectual property of others. Perfuzia may, in appropriate circumstances and at its sole discretion, terminate the access of users who infringe the copyright or intellectual property rights of others. 
If you believe that your work has been copied and is accessible at this Website in a way that constitutes copyright infringement, or that this Website contains links or other references to another online location that contains material or activity that infringes your copyright rights, you may notify us by providing our copyright agent the information required by the U.S. Online Copyright Infringement Liability Limitation Act of the U.S. Digital Millennium Copyright Act, 17 U.S.C.512. 
Our agent for notice of claims of copyright infringement on or regarding this Website can be reached as follows: info@Perfuzia.com