1. The Website
1.1 Avinger, Inc. (“Avinger”) operates the website with a homepage at avinger.com and all features, content, and application websites offered from time to time thereon (collectively, the “Website”).
1.3 Provision of the websites offered at avinger.com is conditioned on, and Your use of the Website shall constitute, Your acceptance of the terms of this agreement (including, for purposes of this agreement, the terms of any existing separate written agreement referred to above) to the exclusion of all other terms.
1.4 Avinger’s acceptance is expressly conditioned upon Your acceptance of all the terms and conditions of this agreement, to the exclusion of all other terms; if these terms and conditions are considered an offer by Avinger, acceptance is expressly limited to these terms.
2. Modification to Agreement
Avinger reserves the right, in its sole discretion, to modify this agreement at any time by posting a notice on the Website. You shall be responsible for reviewing and becoming familiar with any such modifications. Such modifications are effective upon first posting or notification and use of the Website by You following such posting or notification constitutes your acceptance of the terms and conditions of this agreement as modified.
3. Website Access
3.1 Subject to Your compliance on a continuing basis with all of the terms and conditions of this agreement, Avinger hereby grants You permission to use the Website only as set forth in this agreement, and provided that:
(a) You use the Website solely for Your personal, noncommercial use;
(b) You will not copy or distribute any part of the Website in any medium without Avinger’s prior written authorization;
(c) You will not circumvent, disable, violate or attempt to violate, or otherwise interfere with the security or integrity of the Website, the proper operation of the Website, the features that prevent or restrict use or copying of any Content (as the term is defined below) or enforce limitations on use of the Website or the Content therein, or interfere with any activity being conducted on the Website;
(d) You will not link to the Website without Avinger’s prior written consent;
3.2 You agree not to use or launch any automated system, including and without limitation, “robots,” “spiders,” “offline readers,” etc., that accesses the Website in any manner. You agree not to collect or harvest any personally identifiable information, including email addresses, from the Website, nor to use the communication systems provided by the Website for any commercial solicitation purposes.
4. Intellectual Property Rights
The content on the Website including without limitation, the text, abstracts, metadata, software, scripts, graphics, files, images, photos, sounds, music, videos, interactive features and the like (collectively “Content”) and the trademarks, Website marks and logos contained therein (“Marks”), are owned by or licensed to Avinger, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Avinger reserves all rights not expressly granted in and to the Website and the Content.
You agree to not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any other purposes whatsoever any Content, Marks, or other proprietary rights not owned by You. If You download or print a copy of the Content for personal use, You must retain all copyright and other proprietary notices contained therein.
5. Third Party Websites
6. Product Information
These Terms of Service solely govern Your use of the Website, which does not include Your use of Avinger products. All product claims made on the Website are supported by data on file.
The Website is not a substitute for the Instructions for Use distributed with Avinger Products. Refer solely to the Instructions for Use distributed with the applicable Avinger product for all prescribing information and product indications.
Federal (U.S) law restricts the sale, distribution or use of these devices to, by or on the order of a licensed physician.
7. Warranty Disclaimer
To the fullest extent permitted by law, Avinger, its suppliers and each of their respective officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with the Website and Your use thereof, including warranties of merchantability, fitness for a particular purpose and non-infringement.
8. Limitation of Liability
In no event shall Avinger, its suppliers’, or their respective officers, directors, employees, or agents, be liable to You or any third party for any indirect, incidental, special, punitive, or consequential damages whatsoever, including lost profits, whether based on warranty, contract, tort, or any other legal theory, and whether or not Avinger is advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. Subject to the foregoing, Avinger’s liability to You for any reason, will be limited to the amount paid, if any, by You to Avinger for Avinger Websites in connection with the Website during the term of Your membership.
No agency, partnership, joint venture, or employment is created as a result of this Agreement and You do not have any authority of any kind to bind Avinger in any respect whatsoever. If there is any dispute about or involving the Website, You agree that the dispute shall be governed by the laws of the State of California, without regard to conflict of laws provisions.