Terms of Use

Genus Medical Technologies, LLC (“Genus Medical,” “Genus,” “we” or “us”) owns and operates this website (the “website” or “site”). Through your access and use of the website, you accept, without limitation or qualification, the Terms of Use (“Terms of Use”) set forth below. If you do not agree with these Terms of Use, please do not use this website.

SCOPE OF USE

Genus Medical maintains the site for your personal information, education, and communication. You may download material displayed on the site for non-commercial, personal use only, provided you maintain all copyright and other proprietary notices contained on the materials. You may not, however, distribute, modify, transmit, reuse, repost or use the content of the site for public or commercial purposes, including the text and images, without Genus Medical’s written permission.

NO MEDICAL ADVICE

The site does not provide medical advice. With limited exception, Genus Medical products are available only by prescription from a licensed health care professional. Genus Medical is not engaged in rendering medical or similar professional services or advice, and the information provided on the site is not intended to replace medical advice offered by a health care provider. If you desire or need such services or advice, you should promptly consult a physician or professional health care provider.

PRODUCT INFORMATION

The product information provided on the site is intended only for residents in the United States. The site and its links may, however, contain information about products that may or may not be available in any particular country or region of the world (including the United States), may be available under different trademarks in different countries and, where applicable, may be approved by a government regulatory body for sale or use with different indications and restrictions in different countries. You should not construe anything on the site as a promotion or solicitation for any product or service or for the use of any product or service that is not authorized by the laws and regulations of the country where you are located, including the United States. For specific information about particular products, you should refer to the full prescribing information as approved by the relevant governmental authority of the country where you are located. The prescribing information provided here is based on United States labeling and may not be appropriate outside of the United States.

USER SUBMISSIONS

Any “personally identifiable information” in electronic communications to the site is governed by the site’s Privacy Policy. On the other hand, any communication or material you transmit to the site by electronic mail or otherwise, including any data, questions, comments, suggestions or the like is, and will be treated as, non-confidential and non-proprietary. You understand that anything you transmit or post may be used by Genus Medical or its affiliates for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast, and posting. Furthermore, Genus Medical is free to use any ideas, concepts, know-how, processes, or techniques contained in any communication you send to the site for any purpose whatsoever including, but not limited to, developing, manufacturing, marketing, and selling products and service using such ideas, concepts, know-how, processes, or techniques. Should you provide your email address in connection with your submitted content, you agree that Genus Medical and its third party service providers may use your email address to contact you about the content and for other administrative purposes.

PROPRIETARY RIGHTS

You may freely browse the website. You may freely download material therefrom. Any and all downloaded materials may be used by you for personal, non-commercial use. You may not, however, distribute, modify, transmit, or use any of such materials for public or commercial purposes, without the written permission of Genus Medical. All copyright and other proprietary notices contained in downloaded materials must be retained.

You should assume that all contents of the website are copyrighted unless otherwise noted and may not be used without the written permission of Genus Medical, except as provided herein. Images of people or places displayed on the website are either the property of, or used with permission by, Genus Medical. You are prohibited from using these images without genus’ written permission. Unauthorized use of the images may violate copyright, trademark, privacy and/or publicity laws as well as communications regulations and statutes.

The trademarks, logos and service marks (collectively, the “Trademarks”) displayed on the website are registered and unregistered trademarks of Genus Medical and others. Nothing contained in this website should be construed as granting, by implication, estoppel or otherwise, any license or right in and to the Trademarks without the written permission of Genus Medical or such third party. Your use of the Trademarks on the website and in its contents, except as provided in these Terms of Use, is strictly prohibited. Medical will aggressively enforce its intellectual property rights in the website and its contents to the fullest extent of the law.

LINKS TO OTHER SITES

Genus Medical has not reviewed all of the websites that may be linked to the website and is not responsible for the content of any off-website pages or any other websites linked to the website. Your linking to any other off-website pages or other websites is at your own risk. Once you link to another website, please be sure to review the legal notices and privacy policy of the new website. They may be different from this website.

PROHIBITED ACTIVITY

You may not post or transmit any unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability or otherwise violate any law. In addition, you are prohibited from posting or transmitting any information which (a) infringes the rights of others or violates their privacy or publicity rights, (b) is protected by copyright, trademark or other proprietary right, unless with the express written permission of the owner of such right, (c) contains a virus, bug or other harmful item, or (d) is used to unlawfully collude against another person in restraint of trade or competition. You shall be solely liable for any damages resulting from any infringement of copyright, trademark, or other proprietary right, or any other harm resulting from your use of the site.

DISCLAIMER OF WARRANTIES

INFORMATION, SERVICES, PRODUCTS, MATERIALS AND OTHER RESOURCES ON THIS WEBSITE IS PROVIDED “AS IS,” “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. GENUS MEDICAL AND ITS AFFILIATES, SUPPLIERS AND VENDORS DISCLAIM ALL EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES WITH REGARD TO THE INFORMATION, SERVICES, PRODUCTS, MATERIALS, AND ANY OTHER RESOURCES CONTAINED ON OR ACCESSIBLE THROUGH THIS SITE. NO WARRANTY OR REPRESENTATION IS MADE THAT THE INFORMATION ON THIS SITE IS ERROR-FREE.

Genus Medical makes no representations or warranties as to the availability, accuracy or completeness of any information contained herein and expressly disclaims any obligation to update said information, except to the extent required by law, including, but not limited to, Food and Drug Administration regulations. Genus Medical further assumes no liability or responsibility for any errors or omissions in the content of the website. Your use of this site is also subject to all additional disclaimers and caveats that may appear throughout the site.

Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.

LIMITATION OF LIABILITY

Your use of the website is at your own risk. NEITHER GENUS MEDICAL NOR ITS AFFILIATES OR ITS SUPPLIERS OR VENDORS WILL BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER, RESULTING FROM ANY LOSS OF USE, LOSS OF DATA, LOSS OF PROFITS, BUSINESS INTERRUPTION, LITIGATION, OR ANY OTHER PECUNIARY LOSS, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THIS SITE, WITH THE DELAY OR INABILITY TO USE THIS SITE, OR WITH THE PROVISION OF OR FAILURE TO MAKE AVAILABLE ANY INFORMATION, SERVICES, PRODUCTS, MATERIALS, OR OTHER RESOURCES CONTAINED ON OR ACCESSIBLE THROUGH THIS SITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THIS AGREEMENT AND THE SITE WOULD NOT BE PROVIDED TO YOU ABSENT SUCH LIMITATIONS. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.

INDEMNITY

You agree to indemnify, defend, and hold harmless Genus Medical and its affiliates, suppliers and vendors from any liability, loss, claim, and expense (including reasonable attorneys’ fees and costs) related to your violation of these Terms of Use.

GOVERNING LAW

This agreement and its performance shall be governed by the laws of the state of Missouri, United States of America, without regard to its conflict of laws provisions. You consent and submit to the exclusive jurisdiction of the state and federal courts located in St. Louis County, Missouri or the Eastern District of Missouri, in all questions and controversies arising out of your use of the site and this Agreement. To the extent allowed by applicable law, any claim or cause of action arising from or relating to your access or use of the site must be brought within two (2) years from the date on which such claim or action arose or accrued.

ARBITRATION

THIS SECTION PROVIDES FOR RESOLUTION OF DISPUTES THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY. Any dispute, claim or controversy arising out of or relating to this agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in St. Louis County, Missouri before one arbitrator. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures then in effect. To the extent that the arbitrator deems reasonable, the arbitrator shall conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances. Any in-person appearances requested by the arbitrator shall be held in the State of Missouri. The arbitrator’s decision shall be based upon the substantive laws of the State of Missouri without regard to its principles of conflicts of law. Arbitration proceedings shall be conducted in English and shall be conducted in a manner that preserves confidentiality. The arbitrator’s decision shall follow the plain meaning of the relevant documents and shall be final and binding. The award rendered by the arbitrator(s) may be confirmed and enforced in any court having jurisdiction thereof. Notwithstanding any of the foregoing, nothing herein shall preclude Genus from seeking any injunctive relief or other provisional remedy in U.S. state or federal courts for protection of its intellectual property rights (including the rights of its licensors).

NOTICE FOR CALIFORNIA RESIDENTS

Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the site, please send an e-mail to customerservice@genusmedical.com. You may also contact us by writing to Genus Medical Technologies, LLC, 215 Chesterfield Business Parkway, Chesterfield, MO 63005 or by calling us at 866-468-5157. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

MODIFICATIONS

Genus Medical reserves the right to alter or delete material from the website at any time, and Genus Medical may, at any time, revise these Terms of Use and the other policies set forth in this website by updating this posting. You are bound by any such revisions and should, therefore, periodically visit this page to review the then current Terms of Use and policies.

MISCELLANEOUS

If any provision of this agreement or portion thereof is found to be unlawful, void or for any reason unenforceable, that provision will be deemed severable from this agreement and will not affect the validity and enforceability of any remaining provision. You may not assign, transfer or sublicense any or all of your rights or obligations under this agreement without our express prior written consent. We may assign, transfer or sublicense any or all of our rights or obligations under this agreement without restriction. Any attempted assignment or transfer in violation hereof shall be void. Genus Medical’s failure to insist upon strict enforcement of any provision(s) of these Terms of Use shall not be construed as a waiver of any provision or right.

CONTACTING US

If you have any questions about this Privacy Policy, please contact us by email at customerservice@genusmedical.com, or please write to the following address: Genus Medical Technologies, LLC , 215 Chesterfield Business Parkway, Chesterfield, MO 63005.