TERMS AND CONDITIONS OF USE:
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE
PerfectCPR™ operates this website (the "Website") as a service to its visitor’s subject to these Terms and Conditions of Use and all modifications thereto (the "Terms"). By entering and/or using this Website and other websites owned, operated or maintained by PerfectCPR™ or its affiliates, you, the user, are deemed to have agreed to comply with and be bound by the Terms. If you do not agree to abide by these Terms, do not access or otherwise use this Website.
These Terms may be changed from time to time in the sole discretion of PerfectCPR™ and without notice. Your continued use of this Website after any such changes constitutes your acceptance of such new terms. If you do not agree to abide by these or any future terms, please do not access or otherwise use this Website.
PerfectCPR™ may terminate, change, suspend or discontinue any aspect of this Website, including the availability of any features, at any time. PerfectCPR™ may remove, modify or otherwise change any content, including that of third parties, on or from this Website. PerfectCPR™ may impose limits on certain features and services or restrict your access to parts or all of this Website without notice or liability. PerfectCPR™ may terminate your use of this Website at any time in its sole discretion.
These Terms apply exclusively to your access to and use of this Website and do not alter in any way or supersede the terms or conditions of any other agreement you may have with PerfectCPR™ or its parents, subsidiaries or affiliates.
The operations, businesses and properties described in this Website are owned by PerfectCPR™ or by various affiliates and subsidiaries of PerfectCPR™. The terms "PerfectCPR™," "company," "we," "our" and "its" when referring to these entities are used only for convenience and are not intended to be an accurate description of ownership, operation or corporate/legal relationships.
This Website is intended to provide information about PerfectCPR™ and its affiliates to potential customers, business partners, investors and employees. Such information may include, without limitation, descriptions of products and services, financial performance and potential employment opportunities.
The information contained on this Website is not intended to provide medical advice or instruction on the appropriate use of PerfectCPR™' products. PerfectCPR™' products have not been approved or cleared for marketing by the U.S. Food and Drug Administration or other foreign regulatory agencies. The products discussed in this Website are either presently being investigated in clinical trials or are in pre-clinical research and development except as otherwise stated herein. In using this Website, you agree not to use this Website to seek, provide or obtain medical advice, medical opinions, diagnoses or treatments.
INTELLECTUAL PROPERTY RIGHTS
As between PerfectCPR™ and you, all content on this Website, including but not limited to design, text, software, technical drawings, configurations, graphics, other files and their selection and arrangement is solely owned by PerfectCPR™ or is the proprietary property of PerfectCPR™' affiliates or licensors. PerfectCPR™ reserves all such rights. The Content may not be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted or sold in any form or by any means, in whole or in part, without PerfectCPR™' prior written permission. Subject to the copyright notice contained in these Terms, you may, however, print a copy of individual screens appearing as part of this Website solely for your personal, non-commercial or non-profit educational use or records, provided that any marks, logos, copyright notices or other legends that appear on the copied screens remain on, and are not removed from the printed or stored images of any such screens. Please note that any limited consent may be revoked at any time and does not include consent to republish content on any Internet, Intranet or Extranet site or to incorporate the information in any other database or compilation. Any other use of the content is strictly prohibited. You further agree that you will not systematically extract, collect or harvest through electronic means or otherwise, any data or data fields from this Website. If you believe that your copyrighted material has been improperly used on this Website, please contact us at info@PerfectCPR™.com.
All trademarks on this Website are either trademarks or registered trademarks of PerfectCPR™ or its affiliates or licensors and may not be copied, imitated or used, in whole or in part, without the prior written permission of PerfectCPR™. All page headers, custom graphics, button icons and scripts are service marks, trademarks and/or trade dress of PerfectCPR™ or its affiliates, and may not be copied, imitated or used, in whole or in part, without the prior written permission of PerfectCPR™. Other trademarks, registered trademarks, product names and company names or logos displayed on this Website are the property of their respective owners.
Patents And Trade Secrets
PerfectCPR™' products and processes are covered by one or more patents and are subject to other trade secret and proprietary rights. PerfectCPR™ reserves all such rights. No transfer or grant of rights under any patents is made or is to be implied by any provision of these Terms. You agree not to infringe upon such rights or decompile, reverse engineer or disassemble any of PerfectCPR™' products or processes.
Unless specifically requested, PerfectCPR™ does not solicit nor does it wish to receive any confidential, secret or proprietary information or other material from you through this Website, any of its services, by e-mail or in any other way. By submitting or sending information or other material to PerfectCPR™, you represent and warrant that the information is original to you and that no other party has any rights to the material. By submitting or sending information or other material to PerfectCPR™, you grant PerfectCPR™ the royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such material (in whole or part) worldwide and/or to incorporate it in other works in any form, media or technology now known or later developed. You also warrant that any "moral rights" in posted materials have been waived. You agree and acknowledge that by using this Website, any and all communications and/or information transmitted by you to or through this Website will not be treated as confidential or proprietary. You agree to defend, indemnify and hold PerfectCPR™ and its directors, officers, employees, agents and affiliates harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys' fees, arising in any way from your use of this Website or the placement or transmission of any message, content, information, software or other materials through this Website by you.
PERFECTCPR™ CONTENT, PRODUCT AND SERVICE INFORMATION – LIMITATIONS
All content available through this Website, including but not limited to data, technical drawings, configurations, quote and order information and catalog listings is believed to be accurate. However, you should independently evaluate the accuracy of the information and the usefulness for your particular needs of any content, product or service available through this Website. Specifications for products and services are subject to change without notice, and PerfectCPR™ reserves the right to make changes to such specifications without notice. PerfectCPR™ does not guarantee that products or services listed in its online catalog will be available at the time of your order. All information on this Website is subject to the disclaimers contained in these Terms.
THIRD PARTY LINKS
LINKS FROM OTHER WEBSITES
All links to this Website must be approved in writing by PerfectCPR™, except that PerfectCPR™ consents to links in which:
The link is a text-only link containing only the title of the home page of this Website,
The link "points" only to the home page of this Website and not to deeper pages,
The link, when activated by a user, displays this home page of this Website full-screen and not within a "frame" on the linked website, and
The appearance, position and other aspects of the link:
Do not create the false appearance that an entity or its activities or products are associated with or sponsored by PerfectCPR™ or its affiliates, or
Are not as such to damage or dilute the goodwill associated with the name and trademarks of PerfectCPR™ or its affiliates.
PerfectCPR™ reserves the right to revoke this consent to link at any time in its sole discretion.
DISCLAIMER OF WARRANTIES
PerfectCPR™ provides the information on this Website on an "as is" and "as available" basis, without warranty of any kind, either express or implied. Without limitation of the foregoing, PerfectCPR™ specifically disclaims any and all warranties, including, but not limited to (i) any warranties concerning the availability, accuracy, appropriateness, reliability, timeliness or usefulness of the content of this Website, and (ii) any warranties of title, warranty of non-infringement, warranties of merchantability or fitness for a particular purpose or warranties arising from a course of dealing, usage or trade practice. This disclaimer of liability applies to any damages or injuries occurring as a result of (i) any error, omission, deletion or defect in the content, or (ii) any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of record, unauthorized access to, alteration of, or use of record, whether for breach of contract, tort, negligence, defamation or any other cause of action. PerfectCPR™ does not warrant or guarantee that (i) any portion of this Website will be free of infection by viruses, worms, trojan horses or anything else manifesting contaminating or destructive properties, or (ii) access to this Website will be uninterrupted or error-free. PerfectCPR™ reserves the right to revoke this consent to link at any time in its sole discretion.
LIMITATION OF LIABILITY
Under no circumstances, including, but not limited to, negligence, shall PerfectCPR™ be liable to any party for (i) any direct, indirect, special, punitive, incidental, exemplary, consequential (including, but not limited to, damages for business interruption, loss of business profits, loss of programs or loss of information) or any other damages arising in any way out of the availability, use, reliance on or inability to use the materials in this Website or any other PerfectCPR™ website, even if PerfectCPR™ or a PerfectCPR™-authorized representative has been advised of the possibility of such damages, or (ii) any claim attributable to errors, omissions or other inaccuracies in, or destructive properties of this Website. In no event shall PerfectCPR™' total liability to you for any claim or action arising from use of this Website (whether in contract, tort or otherwise) exceed the amount paid by you, if any, for accessing this Website. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, PerfectCPR™' liability shall be limited to the fullest extent permitted by law.
APPLICABLE LAWS / JURISDICTION
By accessing or visiting our websites, you expressly agree that the laws of the State of New York, excluding its conflicts-of-law rules, shall govern these Terms. Please note that your use of this Website may be subject to other local, state, national or international laws. You expressly agree that exclusive jurisdiction and venue for any claim, dispute or cause of action with PerfectCPR™, or relating in any way to this Website or your use of this Website, reside in the courts located in the New York, New York, Borough of Manhattan. You further agree and expressly consent to the exercise of personal jurisdiction in any state or U.S. federal court sitting in the city, county and state of New York, Borough of Manhattan in connection with any such dispute and including any claim involving PerfectCPR™ or its affiliates, subsidiaries, employees, contractors, officers, directors, service providers and content providers. By accessing or visiting our websites, you expressly waive any and all rights, including those related to privacy, to the extent such rights are different and/or in conflict with those rights protected by U.S. federal or New York state laws. You are responsible for compliance with local laws, if and to the extent local laws are applicable.
The information contained in this Website is not intended to and should not be used in making any decision relating to an investment in securities of PerfectCPR™. This Website contains "forward-looking statements." These forward-looking statements are made as of the date they were first issued and were based on current expectations, estimates, forecasts and projections as well as the beliefs and assumptions of PerfectCPR™' management. Words such as "expect," "anticipate," "plan," "should," "believe," "hope," "target," "project," "goals," "estimate," "potential," "predict," "may," "will," "might," "could," "intend," variations of these terms or the negative of these terms and similar expressions are intended to identify these forward-looking statements. Forward-looking statements are subject to a number of risks and uncertainties, many of which involve factors or circumstances that are beyond PerfectCPR™' control. PerfectCPR™' actual results could differ materially from those stated or implied in forward-looking statements due to a number of important factors. Past performance is not necessarily indicative of future results. PerfectCPR™ undertake no intention or obligation to update or revise any forward-looking statements, whether as a result of new information, future events or otherwise.
These Terms constitute the entire agreement between you and PerfectCPR™ governing your use of this Website. Should any provision in these Terms be found invalid or unenforceable for any reason, then that provision shall be deemed severable from the Terms and shall not affect the validity or enforceability of the remaining provisions. You agree that any claim arising out of or related to the Terms or your use of this Website must be filed within one year after it arose or be permanently barred.
PERSONALLY IDENTIFIABLE INFORMATION
When you submit a request or electronically pass information to PerfectCPR™ (including, but not limited to, comments, feedback, employment applications and resumes), you are sometimes asked to provide certain information, including, but not limited to, your name, title, company, address, phone and fax numbers, e-mail address and line of business. We ask for this personally identifiable information in order to facilitate your requests, provide personalized service and communicate separately with you. Except as otherwise set forth herein, we do not sell, trade or rent your personally identifiable information with any third parties outside of PerfectCPR™.
Because we rely on third-party commercial software and programs to operate our servers, we may inadvertently collect personal information due to certain automatic functions or features contained in such software or due to certain software changes or upgrades. We will use reasonable efforts to remove any such information after we discover such information in our system. If you know of any such unintended collections, please notify us promptly at info@PerfectCPR™.com so we can take appropriate action.
INTERNET PROTOCOL ADDRESS
We may use your Internet Protocol address to help diagnose problems with our server and to administer this Website. Your Internet Protocol address is used to help identify you for the duration of a session and to gather broad demographic information.
As you browse the Internet, a trail of electronic information is left at each website you visit. This information, which is sometimes called "clickstream" data, can be collected and stored by a website's server. Clickstream data can tell us the type of computer and browsing software you use, the address of the website from which you linked to this Website, and in some instances, your e-mail address. We may use clickstream data to determine how much time visitors spend on each page of this Website and how they navigate through this Website. We will only use this information to improve this Website. Any collection or use of clickstream data will be anonymous and in the aggregate, and will not contain any personally identifiable information.
CONSENT TO PROCESSING
By providing any information to this Website, all users fully understand and unambiguously consent to the collection and processing of such information.
LEGAL DISCLOSURE; CIRCUMSTANCES OF DISCLOSURE
Notwithstanding anything to the contrary herein, PerfectCPR™ shall, pursuant to valid legal process, such as a search warrant, subpoena or court order, allow access to information, including personally identifiable information, provided to PerfectCPR™ or this Website in order to comply with such process and to protect our rights and property. If warranted, we may also allow access to this information in special emergencies where physical safety is at risk. PerfectCPR™ reserves the right to disclose any information obtained from or about you, including but not limited to personally identifiable information, data obtained from internet protocol addresses and clickstream data, to third parties in connection with a merger, acquisition, bankruptcy or sale of all or substantially all of PerfectCPR™' assets.
This Website may contain links to other sites. Other sites may also reference or link to this Website. PerfectCPR™ is not responsible for the privacy practices or the content of such other sites.
This Website is not directed to children. PerfectCPR™ will not knowingly collect information from children. Because our software does not automatically distinguish visitors under 13 from other visitors, PerfectCPR™ requires users under 13 years of age to obtain the consent of a parent, guardian, teacher or librarian to view this Website. If PerfectCPR™ learns that a child has provided personally identifiable information to this Website, it will use reasonable efforts to remove such information from its files.
USER'S ACCEPTANCE OF THIS POLICY
If you have any questions or comments regarding privacy issues on the PerfectCPR™ Website, please contact us at info@PerfectCPR™.com.
We take security very seriously. However, due to the open communication nature of the Internet, we cannot guarantee that communications between you and PerfectCPR™, and PerfectCPR™ and you, will be free from unauthorized access by third parties. Users of this Website use this Website at their own risk.
Copyright © PerfectCPR™. All rights reserved.
Caution: Federal law restricts any sale of device or service by or on the order of a physician
NOTE: PerfectCPR™ only works with an AppleWatch. If you download it on your phone without an apple watch you will see a blank screen. The app installs on the phone and on the watch at the same time after which it can be accessed on the watch.
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