Terms of Use
These terms of use describe the rules for users (“you” or “your”) of any Aria CV website (“Aria CV website”). An Aria CV website may be used only for information purposes. By using an Aria CV website or uploading materials to an Aria CV website, you agree to abide by the terms of use set forth in this notice (“Terms of Use”) and Aria CV’s Privacy Policy (“Privacy Policy”). If you do not agree to abide by the Terms of Use and the Privacy Policy, do not use an Aria CV website in any manner.
All Aria CV websites are owned and operated by Aria CV, Inc. (“Aria CV”) having a principal place of business at 2300 Myrtle Avenue, Suite 250, Saint Paul, MN 55114, USA.
GENERAL
By accessing an Aria CV website, you agree to the following terms. If you do not agree to the following terms, please note that you are not allowed to use any Aria CV websites. Aria CV may change the Terms of Use at any time. By using an Aria CV website, you represent and warranty that you accept these and any future version of the Terms of Use.
Please read our Privacy Policy to understand the privacy rules about your use of Aria CV websites. You may be subject to additional terms that may apply when you access particular services or materials on certain areas of an Aria CV website or by following links that take you away from an Aria CV website.
A reference to an Aria CV product or service on an Aria CV website does not imply that such product or service is or will be available in your country where it may be subject to different regulations and conditions of use. Such reference does not imply any intention on our part to sell this product or service in your country and you should always rely on product information especially created for your country. Aria CV’s website contains information about products and services that may or may not be available in any particular country or region of the world.
Although accessible by others, the product information on a public Aria CV website is intended for use by residents of the United States only.
DISCLAIMERS
General Disclaimers
The information contained in Aria CV websites (i) are for general guidance on matters of interest only and shall not be assimilated to or substituted for legal or medical advice and (ii) do not constitute an offer of or solicitation for the purchase of products or services.
Although Aria CV strives to provide on this website the latest developments relating to its products and services, and other information about Aria CV, Aria CV does not warrant the accuracy, effectiveness and suitability of any information contained in this website. Each person assumes full responsibility and all risks arising from use of this website. The information is presented “AS IS” and may include technical inaccuracies or typographical errors. Aria CV reserves the right to make additions, deletions, or modifications to the information at any time without any prior notification.
ARIA CV MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND OR NATURE WITH RESPECT TO THE INFORMATION OR CONTENT POSTED ON THIS WEBSITE. ARIA CV HEREBY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, CREATED BY LAW, CONTRACT OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. IN NO EVENT SHALL ARIA CV BE LIABLE FOR ANY DAMAGES OF ANY KIND OR NATURE, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL (INCLUDING LOSS OF PROFIT) CONSEQUENTIAL OR INCIDENTAL DAMAGES ARISING FROM OR IN CONNECTION WITH THE EXISTENCE OR USE OF THIS WEBSITE AND/OR THE INFORMATION OR CONTENT POSTED ON THIS WEBSITE, REGARDLESS OF WHETHER ARIA CV HAS BEEN ADVISED AS TO THE POSSIBILITY OF SUCH DAMAGES.
General Healthcare Disclaimer
The materials on Aria CV websites are for your general educational information only. Information you read on this website cannot replace the relationship that you have with your healthcare professional. Aria CV’s websites may contain from time to time information related to various health, medical and fitness conditions and their treatment. Such information is not meant to be a substitute for the advice provided by a physician or other healthcare professional. Aria CV 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.
While this website is intended for a United States audience, the website contains information about products and therapies not yet approved and cleared for use in the United States. If you live outside the U.S., information on this website about products or therapies are also not approved or marketed in your country.
Healthcare Professional Disclaimer
Technical information contained on an Aria CV website is intended solely for the use of healthcare professionals. A healthcare professional must always rely on his or her own professional clinical judgment when deciding whether to use a particular product when treating a particular patient. Aria CV does not dispense medical advice and recommends that healthcare professionals be trained in the use of any particular product before using it in a procedure or surgery. A healthcare professional must always refer to the instructions for use. The information presented is intended to demonstrate particular products. Products may not be available in all markets because product availability is subject to the regulatory and/or medical practices in individual markets. Please contact your Aria CV representative if you have questions about the availability of specific products in your area.
Securities Disclaimer.
Aria CV’s websites may contain forward-looking statements that reflect Aria CV’s current expectation regarding future events and business development. The forward-looking statements involve risks and uncertainties. Actual developments or results could differ materially from those projected and depend on a number of factors including, but not limited to, the success of current research programs, results of pending or future clinical trials, ongoing commercialization of its products, regulatory approvals of medical devices, validity and enforcement of its patents, the stability of its commercial relationships, and the general economic conditions. Aria CV intends to update this website on a regular basis but assumes no obligation to update any of the content.
COPYRIGHTS AND TRADEMARKS.
The contents of Aria CV’s websites are protected by worldwide copyright and trademark laws. Any rights not expressly granted herein are reserved. Reproduction, transfer, distribution or storage of part or all of the contents in any form without the prior written permission of Aria CV is prohibited except in accordance with the following terms. Aria CV consents to you browsing Aria CV’s websites on your device and printing or downloading content only for your personal use for non-commercial purposes provided that such uses are not competitive with or derogatory to Aria CV; but no modification or further reproduction of the content is permitted.
The trademarks, service marks, trade names, trade dress and products contained in Aria CV’s websites are protected in the United States and internationally. Aria CV is a registered trademark of Aria CV, Inc. Your access to Aria CV’s websites should not be construed as granting, by implication, estoppel or otherwise, any license or right to use any marks appearing on Aria CV’s websites without the prior written consent of Aria CV.
If you believe that your intellectual property has been improperly used on an Aria CV website, please contact Aria CV’s legal Department at the address provided below.
USER REPRESENTATIONS.
In using any Aria CV website, you agree: (a) not to disrupt or interfere with the security of, or otherwise abuse, the Aria CV website, or any services; (b) not to disrupt or interfere with any other user’s enjoyment of the Aria CV website; (c) not to upload, post, or otherwise transmit through or on any Aria CV website any viruses or other harmful, disruptive or destructive files; (d) not to attempt to obtain unauthorized access to the Aria CV website or portions of the Aria CV website which are restricted from general access; and, (e) not use an Aria CV website to seek, provide or obtain specific medical advice, medical opinion or diagnosis as applied to a patient’s particular condition or situation.
You expressly agree that you will not provide, discuss or refer to any particular patient, any particular patient’s medical condition or any other information, which could identify a particular patient. You further expressly agree that you will not discuss, endorse or refer to “off label” uses of medical products, including any uses which have not been approved by the U.S. Food and Drug Administration or any other applicable regulatory agency.
WEBSITE UPDATES.
All content available through an Aria CV website are believed to be accurate. However, you should independently evaluate the accuracy of the information and the usefulness for your particular needs. Specifications for products and services are subject to change without notice and Aria CV reserves the right to make changes without notice to processing, materials or configuration.
Aria CV may terminate, change, suspend or discontinue any aspect of an Aria CV website, including the availability of any features, at any time. Aria CV may terminate the authorization and rights provided herein and your use of any Aria CV website at any time in its sole discretion and upon such termination, you shall immediately destroy all materials that you have downloaded from any Aria CV website.
LINKS TO OTHER WEBSITES.
An Aria CV website may contain links to websites not operated by Aria CV. Aria CV provide these links for your convenience, but we do not review, control, or monitor the materials on any other websites. Aria CV is 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.
YOUR FEEDBACK, COMMENTS AND IDEAS.
Any feedback, comments and ideas that 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 Policy). If you transmit any ideas, information, concepts, know-how or techniques or materials to us through this website, you hereby grant Aria CV an unrestricted, royalty-free, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute them in any medium, and agree that Aria CV 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. ARIA CV 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. ARIA CV MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, CURRENCY, OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH THIS WEBSITE.
ARIA CV 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 ARIA CV NOR ANY PERSON OR COMPANY ASSOCIATED WITH ARIA CV 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 ARIA CV, 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 ARIA CV, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, 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 ARIA CV, 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 ARIA CV HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Your obligations under the sections called “Your Feedback, Comments and Ideas”, “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 Policy in a way that causes harm to others, you agree to hold Aria CV harmless against any liability for that harm.
APPLICABLE LAW.
By using this website, you agree that the only proper jurisdiction and venue for any dispute with Aria CV, or in any way relating to your use of this website, is in the state and federal courts in the State of Minnesota, U.S.A. You further agree and consent to the exercise of personal jurisdiction in these courts in connection with any dispute involving Aria CV or its affiliates, employees, officers, directors, agents, or suppliers. These Terms of Use are governed by the internal substantive laws of the State of Minnesota, without respect to its conflict of laws principles, and the federal laws of the United States.
QUESTIONS, COMMENTS, AND NOTICES.
Aria CV 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 Aria CV. You may deliver notice to or contact Aria CV with questions by contacting:
Aria CV, Inc.
c/o: Corporate Compliance Officer
2300 Myrtle Avenue, Suite 250
Saint Paul, MN 55114
U.S.A.
If the Terms of Use change, the revised Terms of Use will be posted on all Aria CV websites. Please check back periodically, and especially before you provide any personally identifiable information.
Last Updated May 22, 2020
