WEBSITE TERMS AND CONDITIONS OF USE – TELEFLEX MEDICAL OEM

Effective Date: December 1, 2009

PLEASE READ THE TERMS AND CONDITIONS OF USE OF THE WWW.TELEFLEXMEDICALOEM.COM WEBSITE (THE “SITE”) CAREFULLY BEFORE USING THIS SITE. THE TERMS GOVERN YOUR ACCESS AND USE OF THIS SITE. THIS SITE IS PROVIDED TO YOU BY TELEFLEX MEDICAL INCORPORATED (“TELEFLEX”, “WE”, “OUR”, OR “US”). THESE TERMS AND CONDITIONS OF USE (“TERMS”) CONSTITUTE A BINDING LEGAL AGREEMENT BETWEEN YOU AND US, AND BY ACCESSING OR USING THIS SITE OR DOWNLOADING ANY CONTENT FROM THIS SITE, YOU ACCEPT THE TERMS AND AGREE TO BE BOUND BY THE TERMS. IF YOU DO NOT AGREE WITH OR DO NOT ACCEPT ANY OF THE TERMS, PLEASE EXIT THIS SITE IMMEDIATELY AND REFRAIN FROM ANY FURTHER ACCESS AND USE OF THIS SITE AND MATERIALS.

THE TERM “YOU”, “YOUR”, OR “YOURSELF” SHALL REFER TO THE USER WHO IS BROWSING AND ACCESSING THIS SITE.

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Revision of Terms

Teleflex may in its sole discretion, correct, modify, or revise these Terms at any time by posting an updated version of the modified Terms on this Site and will update the Effective Date of the Terms to reflect the date of the changes. Your access to and continued use of this Site after the changes are posted, shall constitute acceptance of the revised Terms. You should visit this page periodically to review the most current Terms because they are binding on you.

Privacy Policy

All user information submitted by you to, or posted on, the Site is subject to our Privacy Policy, the terms of which are incorporated into the Terms by reference. Please review our Privacy Policy. If your information is being used or will be used on a third party website, you should check that party’s privacy policy.

Use of Materials Made Available Through Site

The content, information, and materials available through this Site (collectively “Materials”) are the property of Teleflex or the property of our parent, affiliates, or licensors, and are protected by copyright, trademark, and other intellectual property laws. You may use the Site, and Materials on the Site, for your personal, non-commercial use only, provided you keep intact all copyright and other proprietary notices. You may not otherwise reproduce any of the Materials without the prior written consent of Teleflex or the person listed as the owner of such Materials. You may not distribute copies of Materials in any form (including by e-mail, posting on website, or other electronic means) without prior written permission from Teleflex or the person listed as the owner of such Materials. The Teleflex trademarks, service marks, and product and services names (“Teleflex Marks”) are the property of Teleflex, its parents, or its affiliates. The names of other companies and products mentioned herein may be the trademarks of their respective owners (“Third Party Marks”). Nothing in these Terms or any Materials shall convey to you an ownership interest in any Materials, Teleflex Marks, and/or Third Party Marks. You agree not to display or use in any manner any of Teleflex Marks and/or Third Party Marks without our prior permission.

Your License to Us

You acknowledge that you or a third party licensor, as appropriate retains all patent, trademark copyright, and other intellectual property rights to any and all content, information, postings, images, ideas, drawings, and materials submitted, posted or displayed by you on or through the Site (“Content”) and you are responsible for protecting those rights, as appropriate. This means that you, and not Teleflex, are entirely responsible for all Content that you upload, post, transmit, or otherwise make available on or through the Site. By submitting Content to us, posting or displaying Content on or through the Site, you are representing that you are the owner of the Content, or are making your submission with the express consent of the owner. By submitting, posting, or displaying Content on or through this Site, you agree that we, including our partners, agents, affiliates, and service providers (collectively, “Third Party Providers”), may reproduce, modify, and distribute such Content as we see fit in any medium and for any purpose. You grant us the royalty-free, perpetual, irrevocable, non-exclusive, and fully sublicensable right and license to use, reproduce, modify, adapt, publish, translate, and create derivative works from, distribute, perform, and display the Content (in whole or part) worldwide in any language and/or to use and incorporate it in our products and/or any other works in any form, media, or technology now known or later developed, during the full term of the copyright therein. You also agree that we, including our Third Party Providers, may identify you as the author of any of your Content by name, e-mail address, or screen name as we see appropriate. You acknowledge that any of our product and/or publication (in any format) containing such Content may contain a Teleflex copyright and/or proprietary notice. You agree that Teleflex shall have no obligation to treat any Content as confidential information. You represent that you have all rights and authority necessary to post, display, and submit such Content without violation of any intellectual property or other rights or any laws or regulations and have the right to grant the rights granted herein to any Content. We also reserve the right (but assume no obligation) to delete, move, or edit any Content that comes to our attention that we consider infringing any third party’s intellectual property or proprietary rights, violates any Terms, or is unacceptable or inappropriate, whether for legal or other reasons.

Links

You may not, without our prior written permission, establish a hypertext link to this Site.

No Framing

You may not, without our prior written permission, frame any of the Materials of the Site, or incorporate into another website or other service any Material, content, or intellectual property belonging to us, our parent or affiliate companies, or any of their licensors.

Links to Third Party Websites

This Site may contain hyperlinks to websites operated by parties other than Teleflex, including access to content, products, and services that are not maintained or controlled by Teleflex. Such hyperlinks are provided for your reference only. Teleflex does not control such websites, the contents therein or the information, products, and/or services offered by such third parties. Teleflex recommends that you read the policies and terms of use posted on other websites regarding privacy and other topics before using those sites. Teleflex is not responsible (either directly or indirectly) for any loss or damage caused or alleged to be caused by or in connection with your use of or reliance on any content, advertising, materials, goods, or services available on or through any third party sites and/or dealing with any third party. If you use these sites, you will leave this Site. If you decide to visit any linked site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. You are solely responsible for complying with the terms of use of any such third-party web site and you shall bear all risks associated with the use of such websites. TELEFLEX DOES NOT WARRANT, ENDORSE, RECOMMEND, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY CONTENT, INFORMATION, PRODUCT OR SERVICE OFFERED BY A THIRD PARTY THAT CAN BE ACCESSED THROUGH THIS SITE OR ANY HYPERLINKED WEBSITE, AND TELEFLEX WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF INFORMATION, PRODUCTS OR SERVICES.

Registration

To access certain features of our Site, you may be asked to register with us on the form provided and such registration may require you to provide personally identifying information such as your name, address, and e-mail address, and also may ask you to provide certain demographic information such as your gender and date of birth. You agree that you will register only if you are 13 years or older. You agree to provide true, accurate, current, and complete information about yourself as prompted by the applicable registration form. If we have reasonable grounds to suspect that such information is untrue, inaccurate, or incomplete, we reserve the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof). Our use of any personally identifiable information you provide to us as part of the registration process is governed by the terms of our Privacy Policy.

Modifications of the Site

We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site.

Termination

You agree that, in our sole discretion, we may deny you access to this Site, terminate your password, account (or any part thereof) or use of the Site, and remove and discard any Content that you submit to the Site, for any reason, including, without limitation, for lack of use, interference with the ability of others to enjoy this Site, infringement of rights of others or if we believe that you have violated or acted inconsistently with the letter or spirit of these Terms. You agree that we shall not be liable to you or any third-party for any termination of your password, account (or any part thereof) or use of the Site, or any removal of any materials that you have submitted to the Site.

Disclaimers

YOUR USE OF THE SITE AND ANY RELIANCE ON ANY MATERIALS IS AT YOUR SOLE RISK. THIS SITE AND ALL MATERIALS, INFORMATION, AND SERVICES AVAILABLE THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE, OUR AFFILIATES, AGENTS, AND LICENSORS CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, PERFORMANCE, NONINFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OF THE MATERIALS, INFORMATION, PRODUCTS, AND SERVICES AVAILABLE THROUGH THE SITE, NOR DO WE GUARANTEE THAT THE MATERIALS, INFORMATION, OR SERVICES WILL BE ERROR-FREE, SECURE, OR CONTINUOUSLY AVAILABLE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE MAKE NO WARRANTY THAT (I) THE SITE WILL MEET YOUR REQUIREMENTS, (II) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE, (III) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS, OR (IV) ANY ERRORS IN THE SITE WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT FROM SUCH USE.

Indemnity

You agree to indemnify and hold Teleflex, and our subsidiaries, affiliates, licensors and other partners, and the directors, officers, agents and employees of each, harmless from any liability, claim or demand of any nature (including reasonable attorneys’ fees) (i) arising out of or related to any Content or materials submitted to, posted or displayed on the Site by you or by others using your user account, or (ii) made by any third party due to or arising out of your use of the Site, your violation or alleged violation of our Terms, or your violation of any rights of another.

Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL WE OR OUR AFFILIATES, AGENTS, OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM (A) YOUR USE OF, OR INABILITY TO USE, THE SITE, OR (B) ANY MATERIALS, INFORMATION, PRODUCTS,AND SERVICES AVAILABLE THROUGH THE SITE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THE LIABILITY OF OUR AFFILIATES, AGENTS AND LICENSORS IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or these Terms must be filed within one year after such claim or cause of action arose or be forever barred.

Miscellaneous

These Terms have been made in and shall be construed in accordance with the laws of the State of North Carolina, without regard to its conflict of laws provisions. By using this Site, you agree to submit to the personal and exclusive jurisdiction of the courts located within Durham County, State of North Carolina in all disputes arising out of or relating to the Terms or this Site. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms shall remain in full force and effect.

Contact Information

If you have any questions about this Terms and Conditions of Use, please use the “Contact Us” option on this Site.