Terms and Conditions

Agreement between You, the User and coaptmedical.com

Welcome to coaptmedical.com. The coaptmedical.com website (the “Site”) is comprised of various web pages operated by Coapt Medical, LLC. (“Coapt Medical”). The Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Our Privacy Policy, found at coaptmedical.com/privacy-policy/, is part of and hereby incorporated into these Terms. Your use of the Site constitutes your agreement to all such Terms. Please read these terms carefully and keep a copy of them for your reference. Coaptmedical.com is an informational Site, for the primary purpose of furthering Coapt Medical’s mission to connect our clients with quality products that consistently meet the expectations of their unique business needs. Through our continuous process of investigating new technologies and best practices across industries, Coapt Medical aims to be the preferred partner for innovative and quality diagnostic solutions.

INFORMATIONAL PURPOSES ONLY

The materials on this Site are informational only and are not intended as medical advice or as a substitute for medical advice. Consult a licensed physician for any specific medical issues or questions you or your organization may have. Coapt Medical does not practice medicine and is not responsible for your selection of any medical products, diagnostic tests, or implementation and end-user administration of such products and/or devices.

MEDICAL PRODUCT DISCLAIMER

The information provided on this Site is not meant to substitute for the in-depth consultation you should have with a licensed physician. Only a qualified healthcare professional can adequately diagnose and explain any medical condition you may have, the clinical progression of a condition, any other medically acceptable alternatives.

Electronic Communications

Visiting coaptmedical.com or sending emails to Coapt Medical constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

Children Under Thirteen

Coapt Medical does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use coaptmedical.com only with the permission of a parent or guardian. California residents under 16 years of age may have additional rights regarding the collection and sale of their personal information. Please see the Privacy Policy section regarding California for more information.

Links to Third Party Sites/Third Party Services

Coaptmedical.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Coapt Medical and Coapt Medical is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Coapt Medical is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Coapt Medical of the site or any association with its operators. If you access any Linked Site, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Certain services made available via the Site are delivered by third party sites and organizations. By using any product, service or functionality originating from the coaptmedical.com domain, you hereby acknowledge and consent that Coapt Medical may share such information and data with any third party with whom Coapt Medical has a contractual relationship to provide the requested product, service or functionality on behalf of coaptmedical.com users and customers. Please see our Privacy Policy, found at coaptmedical.com/privacy-policy/, for more details about how Coapt Medical may collect, use, and disclose information and data.

No Unlawful or Prohibited Use/Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use coaptmedical.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Coapt Medical that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

All content included as part of the Site, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Coapt Medical or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Coapt Medical content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular, you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use and will make no other use of the content without the express written permission of Coapt Medical and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Coapt Medical or our licensors except as expressly authorized by these Terms.

Materials Provided to Coaptmedical.com

Coapt Medical does not claim ownership of the materials you provide to coaptmedical.com (including feedback and suggestions) or post, upload, input or submission to any Coapt Medical Site or our associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Coapt Medical, and our affiliated companies and necessary sublicensees permission to use your Submissions in connection with the operation of their online business including, without limitation, the rights to copy, distribute, transmit, reproduce, edit, translate and reformat your Submission; and to publish your name for internal business purpose use only in connection with your Submissions.

No compensation will be paid with respect to the use of your Submission, as provided herein. Coapt Medical is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Coapt Medical’s sole discretion.

International Users

Coapt Medical is controlled, operated, and administered via our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Coapt Medical Content accessed through coaptmedical.com in any country or in any manner prohibited by any applicable laws, restrictions, or regulations.

Indemnification

You agree to indemnify, defend and hold harmless Coapt Medical, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities, and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Coapt Medical reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Coapt Medical in asserting any available defenses.

Arbitration

In the event, the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.

Class Action Waiver

Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN MY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Coapt Medical agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.

Liability Disclaimer

The information, products, and services included in or available through the site may include inaccuracies or typographical errors. Changes are periodically made to the information contained herein. Coapt Medical and/or its suppliers may make improvements and/or changes in the site at any time. Coapt Medical and/or its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, products, services and related graphics contained on the site for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services, and related graphics are provided “as is” without warranty or condition of any kind.

Coapt Medical and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, products, services, and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement.

To the maximum extent permitted by applicable law, in no event shall Coapt Medical and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the site, with the delay or inability to use the site or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the site, or otherwise arising out of the use of the site, whether based on contract, tort, negligence, strict liability or otherwise, even if Coapt Medical or any of its suppliers has been advised of the possibility of damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If you are dissatisfied with any portion of the site, or with any of these terms of use, your sole and exclusive remedy is to discontinue use of and access to the site.

Termination/Access Restriction

Coapt Medical reserves the right in its sole discretion to terminate your access to the Site and the related services or any portion thereof at any time, without notice.

Governing Law/Entire Agreement

To the maximum extent permitted by law, this agreement is governed by the laws of the State of California and you hereby consent to the exclusive jurisdiction and venue of courts in California in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Coapt Medical as a result of this agreement or use of the Site. Coapt Medical’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Coapt Medical’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Coapt Medical with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Coapt Medical with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Coapt Medical with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

Changes to Terms

Coapt Medical reserves the right, in its sole discretion, to change the Terms under which the Site is offered. When changes are made, Coapt Medical will make a new copy of the Terms available on the Site. The most current version of the Terms will supersede all previous versions, is effective immediately upon posting to the Site, and will apply to all access and use of the Site from that point onward. The date the Terms were last revised is identified at the bottom of this page. Coapt Medical encourages you to periodically review the Terms to stay informed of our updates.

Contact Us

You may remit questions or comments regarding the Terms & Conditions to the following email address:

Effective as of October 21, 2020

No representations or claims regarding Coapt Medical products are intended to substitute for professional medical advice. Coapt Medical recommends that you always seek the advice of a qualified healthcare provider with any questions you may have regarding a medical question or condition.