TERMS AND CONDITIONS
This website is governed by these Terms of Use. The website is operated by Canary Medical, Inc. (“Canary Medical”).
These Terms of Use apply to your access and use of this website. The Canary Medical platform, web application, and mobile applications, and related services, (together, the “Canary Medical Services”) are subject to separate terms and conditions. The terms and conditions for the Canary Medical Services can be viewed and downloaded from the relevant service.
Acceptance of these website Terms of Use
By using this website, you accept these Terms of Use as updated from time to time. If you do not agree with these Terms of Use (including any amendments to these terms) you must immediately cease using this website.
We may update or amend these Terms of Use from time to time in our sole discretion. If we do, we’ll let you know by posting the updated Terms of Use on this website and/or may also send other communications. It’s important that you review the Terms of Use whenever we update them or you use the website. If you continue to use the website after we have posted updated Terms of Use it means that you accept and agree to the changes. If you don’t agree to be bound by the changes, you may not use this website anymore.
Website Content
This website provides general information about Canary Medical and our products, and are presented for informational purposes only. This website does not provide medical advice, and no content made available through this website is in any way intended to replace professional medical advice, diagnosis or treatment. For medical advice, you should consult with a doctor or other health care professional. Nothing contained in this website shall be constructed as a promotion or solicitation of any product or medical service that are not permitted by the laws of the United States.
We use reasonable endeavors to ensure that the information we include on this website is accurate and up-to-date. However, we cannot guarantee the accuracy, currency or completeness of the information provided and we accept no responsibility for errors in the content at any time. We do not guarantee that use of this website will be uninterrupted or error free, or that materials accessible on or through this website will be free from errors, viruses, worms or other harmful codes.
We reserve the right to alter, suspend or discontinue any aspect of this website including your access to it, at any time and without notice.
Intellectual Property
The content provided by us on this website, including without limitation the information, text, graphics, logos, icons, images, video and audio clips, designs, interfaces, and the layout of this website, is owned or licensed by Canary Medical and is protected by applicable copyright laws. Unless specifically permitted by us, you must only use the content of this website for your own personal and noncommercial purposes, and must not otherwise use, copy, reproduce, modify, publish or transmit the content without our prior written consent.
This website includes trademarks which are protected by law. You may not use any Canary Medical trademarks without our prior written consent, except to legitimately identify Canary Medical products or services.
The following trademarks are the exclusive property of Canary Medical:
Canary Medical Logo
Giving medical devices a voice. Letting medical data be heard.
Canary Medical
Canary Canturio
Canturio
CHIRP
Summatix
Persona® and The Personalized Knee® are registered trademarks of Zimmer, Inc.
All other trademarks are the property of their respective owners.
Third-party sites
This website may contain links or references to third-party sites or resources. We are not responsible or liable for the content of those sites or resources and your access to and use of those sites and resources is at your own risk. Any links or references are provided for convenience only, and do not indicate any endorsement or recommendation by us.
Your use of this website
You agree to only use this website in accordance with these Terms of Use and applicable laws. You may be held personally liable for any unlawful use of this website.
You are solely responsible for any communications that you make to Canary Medical through this website and any other content or material which you post or upload to this website (including feedback, comments, suggestions, ideas or other information). You agree that Canary Medical may reproduce, distribute, use, copy, edit, create derivative works from, publish and communicate, and otherwise use and exploit such content for any purpose and without compensation to you.
You may link to the homepage of this website provided you do so in a way that accurately indicates that the link is to a Canary Medical website and is not misleading, derogatory or otherwise offensive.
If you think any content on this website is inappropriate or unlawful or infringes your rights, please contact us at support@canarymedical.com.
Privacy
Please review our Privacy Policy for information on how we collect, use and share your information.
Children
This website is not intended for use by persons under the age of age of majority in the country, state or jurisdiction of residence relevant to the use of the website, unless specifically stated otherwise. If you are under the age of majority, you must have the consent of your parent or legal guardian to use this website.
DISCLAIMER AND LIMITATION OF LIABILITY
THIS WEBSITE, INCLUDING ALL CONTENT MADE AVAILABLE THEREBY, IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. THIS WEBSITE MAY NOT BE ACCESSIBLE AT ALL TIMES AND YOU MAY EXPERIENCE INTERRUPTIONS, DELAYS, ERRORS OR FAULTS IN YOUR USE OF AND ACCESS TO THIS WEBSITE. WE WILL NOT BE RESPONSIBLE TO YOU OR ANYONE ELSE IF THESE THINGS OCCUR. TO THE FULLEST EXTENT PERMITTED BY LAW, ALL LIABILITY IS EXCLUDED FOR ANY LOSS (INCLUDING INDIRECT LOSS), DAMAGES OR INJURY (WHETHER ARISING UNDER CONTRACT, TORT (INCLUDING NEGLIGENCE), EQUITY, STATUTE OR ANY OTHER CAUSE OF ACTION, OR OTHERWISE) RESULTING FROM YOUR ACCESS TO OR USE OF (OR INABILITY TO ACCESS OR USE) THIS WEBSITE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. NOTHING IN THESE TERMS IS INTENDED TO EXCLUDE OR LIMIT ANY RIGHTS OR REMEDIES YOU MAY HAVE AS A CONSUMER UNDER APPLICABLE CONSUMER PROTECTION LAWS. BECAUSE SOME COUNTRIES, STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CERTAIN DAMAGES, IN SUCH COUNTRIES, STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN CANARY MEDICAL AND YOU.
Governing law
These Terms of Use and any disputes arising under or related to these Terms of Use or to this website will be governed by and construed in accordance with the laws of the State of California, without regard to conflict of law principles, and you unconditionally submit to the exclusive personal jurisdiction and venue of the state courts and federal courts located within the County of San Diego for the purpose of any legal proceeding involving this website, regardless of who initiated the proceeding.
General Terms
These Terms of Use constitute the entire and exclusive understanding and agreement between Canary Medical and you regarding this website, and these Terms of Use supersede and replace any and all prior oral or written understandings or agreements between Canary Medical and you regarding this website. If any provision of these Terms of Use is held invalid or unenforceable by an arbitrator or a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms of Use will remain in full force and effect.
Canary Medical’s failure to enforce any right or provision of these Terms of Use will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Canary Medical. Except as expressly set forth in these Terms of Use, the exercise by either party of any of its remedies under these Terms of Use will be without prejudice to its other remedies under these Terms of Use or otherwise.
Contact Information. If you have any questions about these Terms or the Services, please contact Canary Medical at privacy@canarymedical.com or Canary Medical Inc., 2710 Loker Ave West, Carlsbad, CA 92010.