Terms of Use
Your access to kestramedical.com is subject to the following Terms of Use, which may be updated by us from time to time without notice to you. By accessing or using this website, you agree that you have read, understand, and agree to the Terms of Use, as they may be amended from time to time, as well as to the terms of our Privacy Policy, which is hereby incorporated into these Terms of Use. You are responsible for periodically reviewing these Terms of Use for applicable changes. Your use of this website after posting by us of any changes to these Terms of Use constitutes your acceptance to those changes. If you disagree with these Terms of Use (as they may be amended from time to time), or are dissatisfied with this website, your sole and exclusive remedy is to discontinue using this site.
Materials on kestramedical.com
Much of the information on this website relates to products and solutions offered by Kestra Medical Technologies, Inc. The materials on this website are for your general educational information only. Information you read on this website cannot replace the relationship that you have with your healthcare professional. Kestra Medical Technologies, Inc. does not practice medicine or provide medical services or advice and the information on this website should not be considered medical advice. You should always talk to your healthcare professional for diagnosis and treatment.
Health information changes quickly. Therefore, it is always best to confirm information with your healthcare professional. This website contains information about products and therapies authorized in the United States, and is intended for a United States audience. If you live outside the U.S., you may see information on this website about products or therapies that are not available or authorized in your country.
Copyrights and Trademark
The materials on this website belong to or are licensed to us. The materials are protected by United States and foreign copyright laws. There are some important rules about copying these materials. You may email, download, or print copies of the materials on this website, but only for your personal, noncommercial use. When you email, download, or print a copy of the materials on this website, you must also include all copyright and other notices that are in the materials, including the copyright notice on the bottom of the page.
Kestra Medical Technologies, Inc. owns trademarks that we use for our products and services on this website, and these trademarks are protected by United States and foreign trademark laws. A ® following a trademark on our website indicates that the trademark has been registered in the United States or other country. A TM following a name on our website indicates that it is an unregistered trademark. All trademarks are the property of their respective owners.
If you use the materials or trademarks on this website in a way that is not clearly allowed by these Terms of Use, you are violating your agreement with us and may be violating copyright, trademark, and other laws. In that case, we automatically revoke your permission to use this website. Title to the materials remains with us or with the authors of the materials contained on this website. All rights not expressly granted are reserved.
Links and Use of Kestra Medical Technologies, Inc. Marks
You are hereby granted a non-exclusive, limited, and revocable license to link to this website. Kestra Medical Technologies, Inc. reserves the right to revoke this license generally, or your right to use specific links, at any time. If Kestra Medical Technologies, Inc. revokes this license, you agree to remove and disable any and all of your links to this website immediately.
You agree not to present the link to this website in such a way that it is associated with advertising or appears to be an endorsement of any organization, product, or service. You agree that the link will not appear on a website that a reasonable person may consider obscene, defamatory, harassing, grossly offensive, or malicious. Under no circumstances may you frame this website or any of its content, or copy portions of this website to a server. You agree not to display or use the Kestra Medical Technologies, Inc. logo or trademark in any manner without our prior written permission.
Links to Other websites
This website may contain links to websites not operated by Kestra Medical Technologies, Inc. We provide these links for your convenience, but we do not review, control, or monitor the materials on any other websites. These websites may contain information about uses of Kestra Medical Technologies, Inc. products or therapies that have not been approved in the United States. We do not control or endorse this type of information. We are not responsible for the performance of those websites or for your business dealings with them. Your use of other websites is subject to the terms of use of those websites, including the privacy policies of those websites.
Feedback, Comments and Ideas
While we are pleased to receive feedback, comments and ideas from visitors to this website, we want you to understand that any information you submit through this website will be considered non-personal, non-confidential, and non-proprietary (other than personal information), as that term is defined in our Privacy Notice. If you transmit any ideas, information, concepts, know-how or techniques, or materials to us through this website, you hereby grant Kestra Medical Technologies, Inc. an unrestricted, royalty-free, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute them in any medium, and agree that Kestra Medical Technologies, Inc. is free to use them for any purpose.
No Warranties
ALL CONTENT ON THIS WEBSITE IS PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” BASIS. KESTRA MEDICAL TECHNOLOGIES, INC. HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. KESTRA MEDICAL TECHNOLOGIES, INC. MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, CURRENCY, OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH THIS WEBSITE.
KESTRA MEDICAL TECHNOLOGIES, INC. MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR- FREE. YOU ARE RESPONSIBLE FOR TAKING ALL PRECAUTIONS NECESSARY TO ENSURE THAT ANY CONTENT YOU MAY OBTAIN FROM THIS WEBSITE IS FREE OF VIRUSES AND ANY OTHER POTENTIALLY DESTRUCTIVE COMPUTER CODE.
Some states do not allow limitations on implied warranties, so one or more of the above limitations may not apply to you.
Limitation of Liability
YOU AGREE THAT NEITHER KESTRA MEDICAL TECHNOLOGIES, INC. NOR ANY PERSON OR COMPANY ASSOCIATED WITH KESTRA MEDICAL TECHNOLOGIES, INC. SHALL BE LIABLE FOR ANY DAMAGE RESULTING FROM YOUR USE OR INABILITY TO USE THIS WEBSITE OR THE MATERIALS ON THIS WEBSITE. THIS PROTECTION COVERS CLAIMS BASED ON WARRANTY, CONTRACT, TORT, STRICT LIABILITY, AND ANY OTHER LEGAL THEORY. THIS PROTECTION COVERS KESTRA MEDICAL TECHNOLOGIES, INC., ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND SUPPLIERS MENTIONED ON THIS WEBSITE. THIS PROTECTION COVERS ALL LOSSES INCLUDING, WITHOUT LIMITATION, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, AND PUNITIVE DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION.
THE TOTAL LIABILITY OF KESTRA MEDICAL TECHNOLOGIES, INC., ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SUPPLIERS, IF ANY, FOR LOSSES OR DAMAGES SHALL BE LIMITED TO THE AMOUNT OF YOUR ACTUAL DAMAGES, NOT TO EXCEED U.S. $ 100.00. THE LIMIT OF LIABILITY MAY NOT BE EFFECTIVE IN SOME STATES. IN NO EVENT SHALL KESTRA MEDICAL TECHNOLOGIES, INC., ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SUPPLIERS BE LIABLE TO YOU FOR ANY LOSSES OR DAMAGES OTHER THAN THE AMOUNT DESCRIBED ABOVE. ALL OTHER DAMAGES, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE, RESULTING FROM ANY USE OF THE WEBSITE OR MATERIALS ARE EXCLUDED EVEN IF KESTRA MEDICAL TECHNOLOGIES, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Additional Rules
In addition to the rules in these Terms of Use and the Privacy Notice, you may be subject to additional terms that may apply when you access particular services or materials on certain areas in this website. We refer you to our Privacy Notice.
Your obligations under this section and the sections called “Your Feedback”, “No Warranties” and “Limitation of Liability” will survive termination of these Terms of Use.
If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any of these
Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
If you violate these Terms of Use or the Privacy Statement in a way that causes harm to others, you agree to hold Kestra Medical Technologies, Inc. harmless against any liability for that harm.
By using this website, you agree that the only proper jurisdiction and venue for any dispute with Kestra Medical Technologies, Inc., or in any way relating to your use of this website, is in the state and federal courts in the State of Washington, USA. You further agree and consent to the exercise of personal jurisdiction in these courts in connection with any dispute involving Kestra Medical Technologies, Inc. or its affiliates, employees, officers, directors, agents, or suppliers.
These Terms of Use are governed by the internal substantive laws of the State of Washington, without regard to its conflict of laws principles, and the federal laws of the United States.
Notice, Contact and Questions
Kestra Medical Technologies, Inc. may deliver notice to you by electronic mail, a general notice on this website, or by written communication delivered by First Class U.S. Mail to your address on record with Kestra Medical Technologies, Inc. You may deliver notice to Kestra Medical Technologies, Inc. by using the Contact Us link, or writing us at:
Attention: Legal Kestra Medical Technologies, Inc. 3933 Lake Washington Blvd NE Suite #200 Kirkland, WA 98033
legal@kestramedical.com
MKT-00026-01_A