Legal Notices

Terms of Use

Welcome to www.scionmedtech.com, Scion Medical Technology, LLC’s (“Scion”) website (“Website”). Please carefully review these Terms of Use (“Terms”). For purposes of these Terms, Scion is referred to as Scion, us, we, etc. Your use of this Website constitutes your acceptance of these Terms. If you do not agree to abide by all of the provisions contained in these Terms, you must not use or access the Website. Scion also may make changes to these Terms, which will be posted to this page and will become effective immediately upon posting. For this reason, we urge you to read these Terms each time you visit our Website. These Terms were last updated on January 7, 2012.

Scope

We control and operate this Website from the United States of America. This Website is intended for use by United States residents only and contains information regarding Scion products and services available for sale or distribution within the United States. If you are a non-U.S. resident, you may access this Website solely at your own risk and are responsible for compliance with applicable local laws and regulations. Any references to products or services on the Website do not imply that Scion intends to announce or offer these products or services in your country.

Modifications to Website

Scion reserves the right to modify or discontinue the Website (or any portion of the Website), temporarily or permanently, with or without notice to you, and is not obligated to support or update the Website. Scion shall not be liable to you or any third party in the event that Scion exercises its right to modify or discontinue the Website (or any portion of the Website). Unless explicitly stated otherwise, any new features that augment or enhance the current Website shall be subject to these Terms.

No Medical Advice

The information on this Website is provided for informational purposes only and is not intended or recommended as a substitute for professional medical advice. Always seek the advice of your physician or other qualified health care provider regarding any medical condition or treatment. The Website may include certain information, reference guides and other content intended for use by licensed medical professionals. These tools are not intended to give professional medical advice. Physicians and other health care providers should always exercise their own clinical judgment in any situation.

Links

In general, in the absence of any other agreement with Scion, you may link or hyper-link to the home page of the Website from your web site, subject to the following:

  1. You notify us by email at info@scionmedtech.com specifying the URL of each page from which you will be linking to our home page;
  2. You do not frame the Website or any portion of the Website;
  3. You do not link into any page other than the Website home page;
  4. The link or hyper-link to the Website is not used in a way that suggests that Scion endorses you or your web site;
  5. The link is identified using a plain text rendering of the Scion name and not any trademark or Scion logo;
  6. The link or hyper-link to the Website is not used or presented in any way that disparages Scion or tarnishes, blurs, or dilutes the quality of Scion’s names or trademarks or any associated goodwill; and
  7. You agree that we may terminate your right to link or hyperlink to the Website at any time for any reason or no reason.

Disclaimer

THE WEBSITE AND ALL CONTENT, MATERIALS, INFORMATION, PRODUCTS AND SERVICES PROVIDED ON THE WEBSITE, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. Scion EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND SECURITY AND ACCURACY, AS WELL AS ALL WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING, OR COURSE OF PERFORMANCE. SCION MAKES NO WARRANTY THAT: (A) THE WEBSITE WILL MEET YOUR REQUIREMENTS; (B) THE WEBSITE WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE OR ANY SERVICES OFFERED THROUGH THE WEBSITE WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE WEBSITE WILL MEET YOUR EXPECTATIONS.

ANY CONTENT, MATERIALS, OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK. SCION SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, OR INFORMATION.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SCION OR THROUGH THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

Limitation of Liability

IN NO EVENT SHALL SCION BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, ARISING FROM YOUR ACCESS TO, OR USE OF, THE WEBSITE OR ANY SERVICES PROVIDED THROUGH THE WEBSITE, EVEN IF SCION WAS ADVISED THAT SUCH DAMAGES WERE LIKELY OR POSSIBLE. THIS LIMITATION ON LIABILITY APPLIES TO, BUT IS NOT LIMITED TO, THE TRANSMISSION OF ANY DISABLING DEVICE OR VIRUSES WHICH MAY INFECT YOUR EQUIPMENT, FAILURE OF MECHANICAL OR ELECTRONIC EQUIPMENT OR COMMUNICATION LINES, TELEPHONE OR OTHER CONNECTIVITY PROBLEMS (E.G., YOU CANNOT ACCESS YOUR INTERNET SERVICE PROVIDER), UNAUTHORIZED ACCESS, THEFT, BODILY INJURY, PROPERTY DAMAGE, OPERATOR ERRORS, STRIKES OR OTHER LABOR PROBLEMS OR ANY FORCE MAJEURE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

No Resale of Website

Your right to use the Website is personal to you. You agree not to reproduce, duplicate, copy, sell or resell the Website, without the express written consent of Scion.

Indemnity

You agree to indemnify, defend and hold Scion, its parents, subsidiaries, affiliates, shareholders, directors, officers, employees and agents, harmless from any and all claims, demands, liabilities, expenses, or losses, including reasonable attorneys’ fees, made by any third party due to or arising out of, or in any way connected with your use of or access to the Website or your violation of these Terms.

Export Restrictions/Legal Compliance

Scion controls this Website from within the United Sates of America. You may not access, download, use or export the Website or the Content in violation of U.S. export laws or regulations, or in violation of any other applicable laws or regulations.

General

In the event that any provision of these Terms shall, in whole or in part, be determined to be invalid, unenforceable or void for any reason, the determination shall affect only the portion of the provision determined to be invalid, unenforceable, or void, and shall not affect the remainder of that provision in any way. You agree to allow a court or arbitrator to replace such an invalid, unenforceable, or void provision with a valid provision that is as similar as possible in substance to the invalid, unenforceable, or void provision. Scion’s failure to act with respect to any breach by you does not constitute a waiver of our right to act with respect to subsequent or similar breaches.

These Terms shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, without regard to its choice of law provisions. In the event of any conflict between foreign laws, rules and regulations and those of the United States, the laws, rules and regulations of the United States shall govern. The United Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms. You hereby consent to personal jurisdiction by the state and federal courts located in Suffolk County, Massachusetts.

Scion may assign its rights and duties under these Terms without such assignment being considered a change to the Terms and without notice to you. You may not assign these Terms without the prior written consent of Scion.

These Terms, the Privacy Policy, any operating rules, policies, or procedures that may be posted from time to time by Scion on the Website, and any modifications to the foregoing, constitute the entire agreement between the parties with regard to the subject matter hereof and supersede all prior understandings and agreements, whether written or oral, as to such subject matter. Nothing contained in these Terms shall be deemed to constitute either party as the agent or representative of the other party, or both parties as joint venturers or partners for any purpose.

Acknowledgment

By accessing this Website, you agree to all the terms and conditions of these Terms. You acknowledge (a) that you have read and understood these Terms; and (b) that these Terms have the same force and effect as a signed agreement.

Contact Information

If you have any questions regarding these Terms or the Website, please contact Scion at info@scionmedtech.com.

Copyright Notice

All of the trademarks, service marks and logos displayed on this website (“Website”) are registered and unregistered trademarks of Scion Medical Technologies (“Scion”), its affiliates or subsidiaries, or third parties who have licensed their trademarks to Scion or one of its affiliates or subsidiaries. In addition, all content, including but not limited to text, software, music, sound, photographs, video, graphics or other material contained on this Website or in commercially produced information presented to you through the Website by Scion, its affiliates or Scion’s third party licensors (“Content”) is protected by copyright, patents or other proprietary agreements and laws and you are only permitted to use Content as expressly authorized by Scion, its affiliates or its licensors. Nothing contained herein transfers any right, title, or interest in the Website or the Content to you. You may download, view, copy and print Content, subject to the following: (a) the Content may be used solely for personal, informational, or internal business purposes; (b) any and all copyright, trademark and other proprietary rights notices must appear on all copies, including the copyright notice at the bottom of the page; (c) the Content may not be modified or altered in any way; and (d) no graphics may be used separate from accompanying text. Except as provided above, you may not use, download, upload, copy, print, display, perform, reproduce, publish, license, post, transmit, frame, mirror on another Web service, use any meta tags, inline any graphics or distribute any Content or information from the Website in whole or in part without the express permission of Scion. Any rights not expressly granted herein are reserved.

Website Privacy Policy for the United States

This Privacy Policy (“Policy”) sets forth Scion’s policies regarding the collection and use of information relating to the Scion web site located at www.scionmedtech.com (“Website”). When we refer to “Scion”, “we” or “us”, we mean Scion Medical Technologies, LLC, including our U.S. affiliates only. Certain areas of the Website contain information intended only for licensed medical professionals. This Policy addresses our privacy practices relating to general use of our Website by visitors located within the United States.

Information We Collect and How We Use It

Personally identifiable information (“Personal Information”) is information that can be used to identify or contact you, such as your name, email address, telephone number or similar information. Scion only collects Personal Information that you choose to share with us, such as when contacting us via the Website.

Usage Data.  The Website automatically tracks certain information about your behavior while visiting the Website. The information gathered includes the IP address from which you accessed this Website, and your activity on the Website. We collect and store this aggregate information in order to measure the Website’s performance and improve the Website’s design and functionality. We may also share this aggregate information with third parties to illustrate how the Website is used and for other marketing purposes. We may use your Personal Information to improve our marketing efforts, statistically evaluate site usage, improve our Website or customize the Website’s content, layout and services.

Use and Disclosure

In addition to the uses described throughout this Policy, and subject to applicable law, we may disclose your Personal Information:

To unaffiliated third parties that are under contract to perform services for or on behalf of Scion, and are required to uphold and maintain Scion’s policies with respect to privacy and the treatment of your Personal Information (e.g., vendors maintaining our computer databases or performing marketing activities for Scion relating solely to services and products provided by Scion and its affiliates);

To other persons as permitted by applicable law or regulation; and

To law enforcement personnel and agencies, or as part of a legal process, in order to protect our property or in furtherance of an investigation regarding a breach of the Website rules and policies, unauthorized access to or use of the Website or any other illegal activities.

Our affiliates, subsidiaries and service providers may be located throughout the world. Accordingly, information may be sent worldwide, including to countries that have a different level of privacy protection than the United States.

Consent to Processing

By using our Website, or providing information to Scion, you understand and unconditionally consent to the collection, processing, transfer and use of information in the United States and other countries and territories, for the purposes set forth in this Policy. You hereby consent to the collection, processing and disclosure by Scion of your Personal Information as described under this Policy, including but not limited to the transfer of your Personal Information between Scion’s service providers, affiliates and subsidiaries in accordance with this Policy. For further certainty, any consent relating to a right to transfer information referred to in this paragraph shall be deemed to include your consent to the transfer of the applicable Personal Information to a jurisdiction which may have a different level of privacy protection than that available in your own country.

Other Websites

This Policy applies only to www.scionmedtech.com. Scion. Its affiliates and subsidiaries may operate other web sites for different purposes and in multiple jurisdictions where local laws may apply.

This Website includes links to both our affiliated sites and to non-Scion web sites, including access to content, products and services of such affiliated and non-affiliated sites (“Other Websites”). Scion makes no representations or warranties regarding the information contained on Other Websites.  Please refer to the separate terms of use, privacy policies, and other rules posted on these linked sites before you use them. Third party links are provided merely as a convenience to you, and the inclusion of any link does not imply affiliation or endorsement by Scion.  Scion does not review, monitor or check the accuracy of content published on Other Websites, and is not responsible for the availability of, and content provided on, Other Websites. If you choose to purchase any products or services from a third party, your relationship is directly with the third party and Scion is not responsible for any loss or damage of any sort you may incur from dealing with any third party. Other Websites may contain information about uses of products that have not been approved or cleared by the U.S. Food and Drug Administration. Scion does not endorse the off-label use of any of our products.

Sale or Transfer of Information

In the event of a sale, merger, liquidation or dissolution of Scion, or a sale or transfer of substantially all of Scion’s assets, registration data and/or Usage Data collected about you from the Website may be sold, assigned, or transferred to the party(s) acquiring all or substantially all of the equity and/or assets of Scion, in order to permit the party to continue the operation of the Website. By using this Website and submitting your information to us, you consent to the sale and transfer of your information as described in this paragraph.

Updates to Privacy Policy

Scion may, in its sole discretion, update this Policy at any time and from time to time, by posting the amended Policy on this Website. The amended Policy shall be effective upon posting, and your access to or use of the Website following an update shall be deemed consent to the revised Policy. We urge each visitor to refer back to this page regularly and especially prior to providing or updating any Personal Information. This Policy may not be otherwise amended without Scion’s written consent. This Policy was last updated on January 9, 2012.

Contact, Questions, Comments, Complaints

If you would like to communicate with Scion regarding privacy issues or have questions, comments or complaints about this Policy or the Website, please forward such communication to: info@scionmedtech.com.