PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING OUR WEB SITE. By accessing this web site, you are agreeing to be bound by these web site Terms and Conditions governing your use of this web site and all applicable laws and regulations. If you do not agree with any of these Terms and Conditions, you are prohibited from using or accessing this site.
Domain Surgical, FMwand, Empowering Surgeons With New Energy, and Domain Surgical with logo are trademarks of Domain Surgical, Inc. ("Domain"). In addition, all trademarks, trade names, logos, taglines, service marks, trade dress, designs and products (collectively the "Trademarks") displayed on this web site, whether marked or unmarked, are registered and unregistered Trademarks of Domain or a third party and are protected in the United States and/or internationally.
Nothing contained on this web site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademarks displayed on this web site without the written permission of Domain or such third party that may own the Trademarks displayed on this web site. Your use of the Trademarks displayed on this web site, or any other content on this web site, except as may otherwise be provided in these Terms and Conditions, is strictly prohibited. You are also advised that Domain will strictly and aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.
ALL RIGHTS NOT EXPRESSLY GRANTED TO YOU IN THESE TERMS AND CONDITIONS ARE RESERVED TO DOMAIN.
2. Use License
Permission is granted to temporarily download one copy of the materials (information or software) on Domain's web site for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
- modify or copy the materials;
- use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
- attempt to decompile or reverse engineer any software contained on Domain's web site;
- remove any copyright or other proprietary notations from the materials; or
- transfer the materials to another person or "mirror" the materials on any other server.
This license shall automatically terminate if you violate any of these restrictions and may be terminated by Domain at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
3. Disclaimer of Representations and Warranties
THE MATERIALS ON DOMAIN'S WEB SITE ARE PROVIDED "AS IS". DOMAIN MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, AND HEREBY DISCLAIMS AND NEGATES ALL OTHER WARRANTIES, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR OTHER VIOLATION OF RIGHTS. FURTHER, DOMAIN DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS CONCERNING THE ACCURACY, LIKELY RESULTS, OR RELIABILITY OF THE USE OF THE MATERIALS ON ITS WEB SITE OR OTHERWISE RELATING TO SUCH MATERIALS OR ON ANY SITES LINKED TO THIS SITE.
4. Limitations on Damages and Liability
IN NO EVENT SHALL DOMAIN OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES FOR LOSS OF DATA OR PROFIT, OR DUE TO BUSINESS INTERRUPTION,) ARISING OUT OF YOUR USE OR INABILITY TO USE THE MATERIALS ON THIS WEB SITE, OR YOUR RELIANCE ON MATERIALS INCLUDED ON SUCH WEB SITE, EVEN IF DOMAIN OR A DOMAIN AUTHORIZED REPRESENTATIVE HAS BEEN NOTIFIED ORALLY OR IN WRITING OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, OR LIMITATIONS OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THESE LIMITATIONS MAY NOT APPLY TO YOU.
Domain also assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, browsing in this web site, or your downloading of any materials, data, text, images, video, or audio from this web site.
The materials appearing on this web site could include technical, typographical, or photographic errors. Domain does not warrant that any of the materials on its web site are accurate, complete, or current. Domain may make changes to the materials contained on its web site at any time without notice. Domain does not, however, make any commitment to update the materials.
Domain has not reviewed all of the sites linked to its web site and is not responsible for the contents of any such linked site. Furthermore, the inclusion of any link in Domain's web site to a third party's web site does not imply endorsement by Domain of such third-party web site. Use of any such linked web site is at the user's own risk. Domain has no responsibility for the content of such third-party web sites and shall not be liable for any damages or injury arising from such content. Any links to other sites are provided as merely a convenience to the users of this web site.
7. Modifications to Terms and Conditions
Domain may revise these Terms and Conditions for its web site at any time without notice to you. By using this web site you are agreeing to be bound by the then current version of these Terms and Conditions, as such may be revised from time to time.
Any claim relating to Domain's web site shall be governed by the laws of the State of Utah without regard to its conflict of law provisions. To the extent permitted by applicable law, you and Domain hereby irrevocably submit to the jurisdiction of any Utah state court or United States federal court, in either case sitting in Utah over any suit, action or other proceeding brought by you, a third party, or Domain arising out of or relating to these Terms and Conditions, and you and Domain hereby irrevocably agree that all claims with respect to any such suit, action or other proceeding shall be heard and determined in such courts. If any provision of these Terms and Conditions is held by a court to be invalid or unenforceable under applicable law, such provision will be deemed modified to the extent necessary to render such provision valid and enforceable, and the other provisions of these Terms and Conditions will remain in full force and effect. In the event of any dispute concerning the construction or meaning of these Terms and Conditions, these Terms and Conditions will not be construed against the drafting party.