Terms of Use

Welcome to the Insightra^® web site (the "Site"). By using the Site, you agree to follow and be bound by the following terms and conditions concerning your use of the Site ("Terms of Use") and our Privacy Policy. We may revise the Terms of Use and Privacy Policy at any time without notice to you.

Certain areas of the Site may have additional or different terms of use posted. If there is a conflict between these Terms of Use and terms of use posted for a specific area of the Site, the latter shall have precedence with respect to your use of that area of the Site.

1. Use of Web Site Information

You are granted permission to download, view, copy and print documents (such as brochures, datasheets, templates and FAQs) on this Site ("Documents"), provided that: (1) you reproduce any copyright and other proprietary rights notices appearing on such Documents in all copies, or a copyright notice in the following form appears in all copies: "© Copyright Insightra Medical, Inc. All Rights Reserved", (2) use of such Documents is for informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media, and (3) the Documents may not be modified or altered in any way. No other permission is granted to use, download, upload, copy, print, display, perform, reproduce, publish, license, post, transmit or distribute any information from this Site in whole or in part.

2. Passwords and Security

If access to any portion of this Site requires you to register, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You are entirely responsible for maintaining the confidentiality of your account and any password(s) used to access the Site, and are fully responsible for all activities that occur under your password(s). You agree to notify Insightra immediately of any unauthorized use of your password(s) or any other breach of security. Insightra will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Insightra or another party due to someone else using your account or password. You may not use anyone else's account at any time, without the permission of the account holder.


3. Termination of Use

You agree that Insightra may, in its sole discretion, at any time terminate your access to the Site and any account(s) you may have in connection with the Site. Access to the Site may be monitored by Insightra.

4. Third Party Web Sites, Content, Products and Services

The Site may provide links to web sites and access to content, products and services from third parties. You agree that Insightra is not responsible for the availability of or the content provided on, third-party web sites. You should refer to the policies posted by other web sites regarding privacy and other topics before you use them. Links are provided to you only as a convenience. Such links do not constitute an endorsement of any such third-party web site, nor is Insightra responsible for any viruses, content or disputes resulting from your access to such third-party sites.

5. Disclaimer

INSIGHTRA MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED ON THIS SITE FOR ANY PURPOSE. THE SITE, AND ALL CONTENT, MATERIALS, INFORMATION, SOFTWARE, TOOLS AND SERVICES PROVIDED ON THE SITE, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. INSIGHTRA HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. INSIGHTRA MAKES NO WARRANTY THAT: (A)THE SITE WILL MEET YOUR REQUIREMENTS; (B)THE SITE WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (C)THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR ANY SERVICES OFFERED THROUGH THE SITE WILL BE ACCURATE OR RELIABLE; OR (D)THE QUALITY OF ANY TOOLS, SERVICES OR INFORMATIONOBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS.

6. Limitation of Liability

IN NO EVENT SHALL INSIGHTRA BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, ARISING FROM YOUR ACCESS TO, OR USE OF, THE SITE.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

7. Indemnity

You agree to defend, indemnify and hold harmless Insightra, its officers, directors, employees and agents from and against any and all claims, liabilities, damages, losses or expenses, including reasonable attorneys' fees and costs, arising out of or in any way connected with your access to or use of the Site.

8. Privacy Policy

Insightra is concerned about your privacy and has developed a policy to address privacy concerns. You can find the current privacy policy at Privacy Policy.

9. Note About Children

Minors are not eligible to use the Site, and we ask that they do not submit any personal information to us.

10. Copyright Agent

Insightra is committed to respecting others' intellectual property rights, and we ask our users to do the same. Insightra may, in its sole discretion, terminate the accounts or access rights of users who violate others' intellectual property rights.
If you believe that your work has been copied in a way that constitutes copyright infringement on the Site, please deliver the following information to Insightra's Copyright Agent:

1. an electronic or physical signature of the person authorized to act on behalf of the copyright owner;
2. a description of the copyrighted work that you claim has been infringed;
3. a description of where the material that you claim is infringing is located on the Site;
4. your address, telephone number, and email address so that we can contact you;
5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
6. a statement by you, made under penalty of perjury, that the information in your notice to us is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Telephone: (949) 215-1835

Fax: (949) 215-2485

By email:
copyrightclaims@insightra.com

Communications or inquiries sent to Insightra's Copyright Agent that do not relate to claims of copyright infringement will not receive a response.

11. Export Restrictions/Legal Compliance

You may not access, download, use or export the Site, or the content, software, tools or services provided on the Site in violation of U.S. export laws or regulations, or in violation of any other applicable laws or regulations.

12. Applicable Laws

All matters relating to your access to, and use of, the Site shall be governed by U.S. federal law or the laws of the State of California. Any legal action or proceeding relating to your access to, or use of, the Site shall be instituted in a state or federal court in Orange County, California. You and Insightra agree to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding.

13. Copyright/Trademark Information

© Copyright 2006, Insightra Medical, Inc. All rights reserved.

Insightra, the Insightra logo are registered trademarks or trademarks of Insightra Medical, Inc. in the United States of America and/or other countries. Other names may be trademarks of their respective owners.

Elements of the Site are protected by trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part.