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Legal

Legal Notices / Terms and Conditions
 
This website is maintained by TherOx, Inc., solely for the purpose of providing general information about TherOx, Inc., its business and products. Nothing in this website constitutes medical or professional advice, instruction or recommendation of any sort. Access and use of this website is at the user's own risk and is subject to all applicable laws, treaties, statutes and regulations, as well as the Terms and Conditions of Use set forth below, which you agree to if you use this website. If you do not agree to these terms, please do not use this website.

Terms and Conditions of Use:

General
All of the content of this website (e.g., all information, text, photographs, illustrations, graphics, sound, video, meta tags, computer code, etc.) is owned by or licensed to TherOx, Inc. and is protected under the copyright laws; as well as other laws, of the United States and other jurisdictions. Users of this website are permitted to download content of this website only for personal non-commercial purposes or in furtherance of the user's dealings with TherOx, Inc. No other downloading, copying, reproduction, modification, publication, broadcast or other use of any content of this website is authorized or permitted.

No representation, warranty or assurance of any kind is made regarding how current the information is on this website, or the accuracy or completeness of any content of this website. You are responsible for verifying any information before relying on it. TherOx, Inc. also reserves the right to update, remove or add information to this website at any time at its sole discretion. TherOx, Inc. shall not be liable for any direct, incidental, consequential, indirect or punitive damages or injury resulting from anyone's access to, use, or inability to access, this website, or from anyone's reliance on or use of any content of this website.
ALL CONTENT IS PROVIDED TO YOU ON AN “AS IS” BASIS. THEROX, INC. MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, REGARDING THE CONTENT OF THIS WEBSITE.

Indemnification
You agree to indemnify, defend and hold harmless TherOx, Inc., its officers, directors, employees, agents, suppliers and third party partners from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation by you of these Terms and Conditions of Use.

Medical Information
The content included in this website is not intended to replace medical advice offered by a physician. If you desire or need such services or advice, you should consult a professional healthcare provider. IF YOU THINK YOU HAVE AN EMERGENCY CONTACT YOUR LOCAL EMERGENCY CARE PROFESSIONAL OR FACILITY IMMEDIATELY.

Links
This website may contain links or references to other websites. TherOx, Inc. does not monitor or control the content of those other websites, has no responsibility for the content of such other websites and shall not be liable for any damages or injury arising from the content or use of such other websites. All links are provided merely as a convenience to the users of this website. By linking to a third party website, or by being a target of a link from a third party website, TherOx, Inc. does not endorse or recommend any products or services offered on such third party website.

Intellectual Property

All contents included in this website are the property of and are copyrighted by TherOx, Inc. All rights reserved. The trademarks, service marks, trade names, trade dress and logos contained in this website are registered and unregistered trademarks of TherOx, Inc. All other trademarks not owned by TherOx, Inc. that appear on this website are the property of their respective owners. No use of any of these may be made without the prior written authorization of TherOx, Inc. Nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any patent, copyright or trademark of TherOx, Inc., or any third party. TherOx, Inc. does not warrant or represent that your use of content contained in or displayed on this website will not infringe intellectual property or other rights of third parties.

The marks TherOx, Downstream, and Saving Hearts as well as the TherOx logo are trademarks of TherOx, Inc.

Collection of Information
As users navigate this website certain anonymous information may be passively collected (e.g., gathered without the user actively providing the information). Such collection of information may occur using various technologies, such as cookies, tags or web beacons, and/or navigational data collection (log files, server logs, clickstream). Some or all internet browsers may automatically transmit to this website certain anonymous information, such as the URL of the website the user came from, the user's Internet Protocol (IP) address, and the browser version being operated by the user's computer. Some or all internet browsers may allow users to be notified when a cookie is sent or to block cookies altogether, but certain features of this website might not work, or may be less than optimal, without cookies.

This website may use and combine such passively collected information to provide better service to users of this website, customize or improve the website based on users' preferences, compile and analyze statistics and trends, administer and improve the website or for other such purposes as TherOx. Inc. may deem appropriate. TherOx, Inc. makes no representations or warranties regarding the use of such information.

Registration and Providing Information
This website may contain interactive areas or forms wherein patients, physicians, and others may register or provide their personal information, request further information, etc. By registering or providing personal information or information of any kind, users of this website represent that the information provided is true, accurate, current, and complete.

The sender of any communication or information to this website or to TherOx, Inc., or its affiliates via this website, shall bear all responsibility for the content, legality, truthfulness, and accuracy of such communication or information.

Patients & Physicians
United States laws, as well as the laws of other jurisdictions, restrict the sale and use of devices and products described in this website to sale and use by or on the order of a licensed physician and only upon approval by appropriate regulatory authorities. Visitors to this website should be aware that the products under development described herein are investigational devices and have not been found safe or effective by any regulatory agency and are limited by United States law to investigational use only.

Comments and Questions
Any comments or questions should be directed to TherOx, Inc. at info@therox.com. TherOx, Inc. welcomes your comments and feedback, but please understand that any information submitted shall be considered non-confidential and non-proprietary.

Privacy and Confidentiality of User Communications
TherOx, Inc. respects the privacy of its website users. Please refer to TherOx, Inc.’s Privacy Policy that explains users' rights and responsibilities with respect to information that is disclosed on this website. Subject to the applicable terms and conditions set forth in our Privacy Policy, you should assume that any other communication or information you transmit through, to, or in connection with this website will not be private. Subject to the applicable terms and conditions set forth in our Privacy Policy, by accessing and using this website, you expressly authorize TherOx, Inc. to treat any communication or information you transmit through, to, or in connection with this website as non-confidential and non-proprietary, and further hereby grant TherOx, Inc. a perpetual, non-exclusive, royalty-free worldwide license to reproduce, adapt, distribute, publicly display, and delete all or any portion of such communication or, without further permission from you. You represent and warrant that you are the owner of any copyright to such communication or information or have the permission of the copyright owner to post or transmit such communication or information. If such communication or information is confidential or proprietary, you should not transmit it. If you do transmit any communication or information, TherOx, Inc. may use and share such communication or information for any purpose, including but not limited to research, development, manufacturing and marketing activities.

Governing Laws
These Terms and Conditions of Use and your use of the website shall be governed by the laws of the United States of America and the State of California without regard to its conflicts of laws principles. Any legal action or proceeding related to this website shall be brought exclusively in a federal or state court of competent jurisdiction sitting in California.

Miscellaneous
If any provision herein is held to be unlawful, void or unenforceable, then such provision shall be severable without affecting the enforceability of all remaining provisions. Access to, and use of, the TherOx, Inc. website is subject to the terms and conditions set forth herein and all applicable laws, statutes, and/or regulations. TherOx, Inc. reserves the unconditional right to terminate your access to and use of this website at any time, without prior notice, if TherOx, Inc. believes you to have violated any of these Terms and Conditions of Use, or other terms and conditions applicable to a section of this website. TherOx, Inc. reserves the right to seek all remedies available at law and in equity for violations of these Terms and Conditions of Use, including the right to block access from a particular Internet address or user to the website. Any offer for any product made on this website is void where prohibited. TherOx, Inc. may revise these Terms and Conditions of Use from time to time by updating this posting.

Please be advised that this website is for your convenience only and is not intended to be a solicitation for you to purchase any TherOx, Inc. securities.

 


DISCLAIMER

CAUTION: INVESTIGATIONAL DEVICE. LIMITED BY FEDERAL (UNITED STATES) LAW TO INVESTIGATIONAL USE.