TERMS OF USE

Please carefully read these terms and conditions of use (“Terms of Use”) as they govern your access to and use of the pristine surgical (“Pristine,” “We,” “Us,” And Our”) platform. Your acceptance of, and compliance with, these terms of use is a condition to your use of the following:

• www.pristinesurgical.com (our “Website”);

• Pristine Surgical’s Summit single-use endoscopes and related hardware and instrumentation (our “Devices”);

• Pristine Connect (our “Software”)

• The services (“Services”) made available through our website, devices or software..

Our Services, Website, Devices, and Software are collectively referred to as our “Platform.”

By clicking “Accept,” you acknowledge that you have read in its entirety, understand, and fully accept all terms and conditions contained in these Terms of Use and our Privacy Policy. If you do not agree to be bound by these Terms of Use and our Privacy Policy, you are not authorized to access or use our Platform and/or the Services, please PROMPTLY EXIT THIS PLATFORM.

• Ownership of the Platform.

  All pages, features and content within this platform and any material made available for download are the property of pristine, or its licensors or suppliers, as applicable. The platform is protected by united states and international copyright and trademark laws. The contents of the platform, including without limitation all data, files, documents, text, photographs, images, audio, and video, and any materials accessed through or made available for use or download through this platform (“Content”) may not be copied, distributed, modified, reproduced, published or used, in whole or in part, except for purposes authorized by these terms of use or otherwise approved in writing by pristine. You may not frame or utilize framing techniques to enclose, or deep link to, any name, trademarks, service marks, logo, content or other proprietary information (including images, text, page layout, or form) of pristine without our express written consent.

• Access to the Platform, Security and Restrictions; Passwords

  You are prohibited from violating or attempting to violate the security of the platform, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; or (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; or (c) accessing or using the platform or any portion thereof without authorization, in violation of these terms of use or in violation of applicable law.

  Violations of system or network security may result in civil or criminal liability. Pristine will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software, or routine to interfere or attempt to interfere with the proper working of the platform or any activity being conducted on the platform.

  You have the sole responsibility for the security of your network and data, as well as ensuring adequate internet access to utilize the platform.

  In the event access to the platform or a portion thereof is limited requiring a user id and password (“Protected Areas”), you agree to access protected areas using only your properly issued user id and password. You agree to protect the confidentiality of your user id and password, and not to share or disclose your user id or password to any other user, colleague, or third party. You agree that you are fully responsible for all activity occurring under your user id. Your access to the platform may be revoked by pristine at any time with or without cause. You agree to defend, indemnify and hold pristine harmless from and against all third-party claims, damages and expenses (including reasonable attorneys’ fees) against or incurred by pristine arising out of your breach of these terms of use or violation of applicable law, your use or access of the platform, or access by anyone accessing the platform using your user id and password.  

• Limitations on License. The license to use our Platform is restricted as follows:

  • Limitations on Copying and Distribution. You may not copy or distribute the platform except to the extent that copying is necessary to use the platform for purposes set forth herein.

  • Limitations on Reverse Engineering and Modification. b.You may not reverse engineer, decompile, disassemble, modify or create works derivative of the platform, except to the extent expressly permitted by applicable law.

  • Sublicense, Rental and Third Party Use. You may not assign, sublicense, rent, timeshare, loan, lease or otherwise transfer the platform, or directly or indirectly permit any third party to copy and install the platform on a device not owned and controlled by you.

  • Proprietary Notices. You may not remove any proprietary notices (e.g., copyright and trademark notices) from the platform or its documentation.

  • Use in Accordance with Documentation. e.All use of the platform must be in accordance with its then current documentation, if any, provided with the platform or made available on our website.

  • Confidentiality. You must hold the platform and any related documentation in strict confidence for your own use only.

  • Compliance with Applicable Law.g.You are solely responsible for ensuring your use of the platform is in compliance with all applicable foreign, federal, state and local laws, and rules and regulations.

• Account Set-Up and User Information.

  You agree to: (a) provide true, accurate, current, and complete information when registering to use the platform and establishing your account, and all other or additional information you input or load into the platform in connection with your use of the platform (collectively “User Information”) and (b) maintain and promptly update the user information to keep it true, accurate, current, and complete. If you provide any user information that is untrue, inaccurate, not current, or incomplete, or pristine has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, pristine suspend or terminate your account. You are entirely responsible for maintaining the confidentiality of any passwords and any usage and activities that occur in connection with your account. You agree not to allow others to access your account or utilize your password. Doing so will compromise the security of your account.

• Location-Enabled Features.

  Certain location-enabled functionality made available through our platform is provided by certain third party providers.  Your use of that functionality may be subject to additional terms and conditions (as updated from time-to-time). You must exercise your own judgment as to the adequacy and appropriateness of the information.  All location-based information is provided entirely “as-is,” without warranties of any kind.

• Support for Platform; Functionality.

  All questions and requests relating to support of the platform must be directed to pristine. We may add,change or remove functionality and other features of the platform at any time, without notice.

• Accuracy and Integrity of Information.

  Although pristine attempts to ensure the integrity and accuracy of the platform, it makes no representations, warranties or guarantees whatsoever as to the correctness or accuracy of the platform and content thereon. It is possible that the platform could include typographical errors, inaccuracies or other errors, and that unauthorized additions, deletions and alterations could be made to the platform by third parties. In the event that an inaccuracy arises, please inform pristine so that it can be corrected. Pristine reserves the right to unilaterally correct any inaccuracies on the platform without notice. Information contained on the platform may be changed or updated without notice. Additionally, pristine will have no responsibility or liability for information or content posted to the platform from any non-pristine affiliated third party.

• Export Policy and Restrictions.

  You acknowledge that the products and content which are licensed on the platform, which may include technology and software, are subject to the customs and export control laws and regulations of the united states of america and may also be subject to the customs and export laws and regulations of the country in which the products are manufactured and/or received. By purchasing, downloading or using technology or software from the platform, you agree to abide by the applicable laws, rules and regulations - including, but not limited to the export administration act and the arms export control act - and you represent and warrant that you will not transfer, by electronic transmission or otherwise, the software or technology to a foreign national or a foreign destination in violation of the law. By purchasing software or devices, you agree that you will not use any products, or provide products to any person, who is forbidden from receiving the software and devices under the export administration regulations or any economic sanctions maintained by the u.S. Department of treasury. U.S. Antiboycott regulations, or u.S. Economic sanctions, including the export and antiboycott restrictions found in the export administration regulations or the sanctions regulations administered by the u.S. Office of foreign assets control. You shall indemnify and hold harmless pristine from all claims, demands, damages, costs, fines, penalties, attorneys’ fees and all other expenses arising from your failure to comply with this provision and/or applicable export control, antiboycott, or economic sanctions laws and regulations.

• Device Warranty.

  Pristine warrants that devices will be free from defects in workmanship and conform to the pristine’s standard specifications for such devices until the printed date of expiration located on the device or its packaging or documentation. In addition, the foregoing warranty and pristine’s obligations hereunder will be void and is specifically disclaimed by pristine with respect to (a) devices have been misused, neglected, modified, altered, adjusted, tampered with, or improperly installed; (b) devices that have been repaired or refurbished by any person other than pristine personnel without the prior written consent of pristine; (c) devices that have not been maintained in accordance with the instructions in the user manual or as demonstrated by pristine; (d) devices on which any original serial numbers or other identification marks have been removed or destroyed; or (e) devices that have been repaired with any unauthorized components. Devices which are indicated or intended for single-use are only warranted for, and pristine’s obligations hereunder shall extend only with respect to, a single use of such device. Pristine’s entire liability and customer’s exclusive remedy is limited to either (i) replacement or (ii) repair of devices found to be defective or at variance from manufacturer’s specifications during the applicable warranty period, at pristine’s sole option and at no cost to customer. Every claim on account of any breach of the above warranty will be deemed waived unless made in writing within seven (7) days of the expiration of the applicable warranty period.

• Links to Other Websites.

  Pristine makes no representations whatsoever about any other website that you may access through the platform. When you access a non-pristine website, please understand that it is independent from pristine, and that pristine has no control over the content on that website. In addition, a link to a non-pristine website does not mean that pristine endorses or accepts any responsibility for the content, or the use, of the linked website. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, trojan horses, and other items of a destructive nature. If you decide to access any of the third party websites linked to the platform, you do this entirely at your own risk.

• User Generated Content, Reviews, Feedback and other Postings to the Platform.

  If you submit, upload or post any comments, ideas, suggestions, information, files, videos, images or other materials to us or our platform (“User Generated Content”), you agree not to provide any user generated content that (1) is defamatory, abusive, libelous, unlawful, obscene, threatening, harassing, fraudulent, pornographic, or harmful, or that could encourage criminal or unethical behavior, (2) violates or infringes the privacy, copyright, trademark, trade dress, trade secrets or intellectual property rights of any person or entity, or (3) contains or transmits a virus or any other harmful component. You agree not to contact other users of the platform through unsolicited e-mail, telephone calls, mailings or any other method of communication. You represent and warrant to pristine that you have the legal right and authorization to provide all user generated content to pristine for the purposes and pristine’s use as set forth herein. Pristine has a royalty-free, irrevocable, transferable right and license to use the user generated content in whatever manner pristine desires, including without limitation, to copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such user generated content and/or incorporate such user generated content into any form, medium or technology throughout the world. Pristine is and shall be under no obligation (1) to maintain any user generated content in confidence; (2) to pay to you any compensation for any user generated content; or (3) to respond to any user generated content.

  Pristine does not regularly review posted user generated content, but does reserve the right (but not the obligation) to monitor and edit or remove any user generated content submitted to the platform in accordance with applicable laws. You grant pristine the right to use the name that you submit in connection with any user generated content. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any user generated content. You are and shall remain solely responsible for the content of any user generated content you make. Pristine and its affiliates take no responsibility and assume no liability for any user generated content submitted by you or any third party.

  You agree to defend, indemnify and hold pristine harmless from and against all third party claims, damages and expenses (including reasonable attorneys’ fees) against or incurred by pristine arising out of any user generated content you post or allow to be posted to the platform.

• Claims of Copyright Infringement

  We disclaim any responsibility or liability for copyrighted materials posted on our platform. If you believe that your work has been copied in a manner that constitutes copyright infringement, please follow the procedures set forth below.

  Pristine respects the intellectual property rights of others and expects its users to do the same. In accordance with the digital millennium copyright act ("DMCA"), we will respond promptly to notices of alleged infringement that are reported to pristine.

• Disclaimer of Warranties.

  PRISTINE DOES NOT WARRANT THAT ACCESS TO OR USE OF THE PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE PLATFORM WILL BE CORRECTED. THE PLATFORM, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SERVICE RELATED TO THE PLATFORM, IS PROVIDED "AS IS," WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY OF INFORMATION, QUIET ENJOYMENT, AND TITLE/NON-INFRINGEMENT. PRISTINE DOES NOT WARRANT THE ACCURACY, COMPLETENESS OR TIMELINESS OF THE INFORMATION OBTAINED THROUGH THE PLATFORM.

  PRISTINE DOES NOT GUARANTEE SECURITY, UNINTERRUPTED DATA SERVICES, THE ACCURACY OF GEOLOCATION SERVICES, NETWORK TRANSMISSION CAPACITY, COVERAGE OR THE INTEGRITY OF THE DATA TRANSMITTED.

  YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE PLATFORM, PLATFORM-RELATED SERVICES, AND LINKED WEBSITES. PRISTINE DOES NOT WARRANT THAT FILES AVAILABLE FOR DOWNLOAD WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER DESTRUCTIVE PROGRAMMING. YOU ARE RESPONSIBLE FOR IMPLEMENTING PROCEDURES SUFFICIENT TO SATISFY YOUR NEEDS FOR DATA BACK UP AND SECURITY.

  WARRANTIES RELATING TO PRODUCTS OR SERVICES OFFERED, SOLD AND DISTRIBUTED BY PRISTINE ARE SUBJECT TO SEPARATE WARRANTY TERMS AND CONDITIONS, IF ANY, PROVIDED WITH OR IN CONNECTION WITH THE APPLICABLE PRODUCTS OR SERVICES.

• No Medical Advice.

  The content of the platform, including without limitation, text, copy, audio, video, photographs, illustrations, graphics and other visuals, is for informational purposes only and does not constitute professional medical advice, diagnosis, treatment or recommendations of any kind. You should always seek the advice of your qualified heath care professionals with any questions or concerns you may have regarding your individual needs and any medical conditions. Pristine does not recommend or endorse any specific tests, physicians, products, procedures, opinions or other information that may be included on the platform. Reliance on any information appearing on the platform, whether provided by pristine, its content providers, its clients, visitors to the platform or others, is solely at your own risk.

• Limitation of Liability Regarding Use of the Platform.

  PRISTINE AND ANY THIRD PARTIES MENTIONED ON THE PLATFORM ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATING IN ANY WAY TO THE PLATFORM, PLATFORM-RELATED SERVICES, CONTENT OR INFORMATION CONTAINED WITHIN THE PLATFORM, AND/OR ANY LINKED WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE PLATFORM, PLATFORM-RELATED SERVICES, AND/OR LINKED WEBSITES IS TO STOP USING THE PLATFORM AND/OR THOSE SERVICES. TO THE EXTENT ANY ASPECTS OF THE FOREGOING LIMITATIONS OF LIABILITY ARE NOT ENFORCEABLE, THE MAXIMUM AGGREGATE LIABILITY OF PRISTINE TO YOU WITH RESPECT TO YOUR USE OF THE PLATFORM IS $500 (FIVE HUNDRED DOLLARS).

• External Services.

  The platform may enable access to pristine’s and/or third-party services and websites (collectively and individually, "External Services"). You agree to use the external services at your sole risk. Pristine is not responsible for examining or evaluating the content or accuracy of any third-party external services, and shall not be liable for any such third-party external services. Data displayed by the platform or external service, including but not limited to financial, medical and location information, is for general informational purposes only and is not guaranteed by pristine or its agents. You will not use the external services in any manner that is inconsistent with the terms of this agreement or that infringes the intellectual property rights of pristine or any third party. You agree not to use the external services to harass, abuse, stalk, threaten or defame any person or entity, and that pristine is not responsible for any such use. External services may not be available in all languages or in your home country, and may not be appropriate or available for use in any particular location. To the extent you choose to use such external services, you are solely responsible for compliance with any applicable laws. Pristine reserves the right to change, suspend, remove, disable or impose access restrictions or limits on any external services at any time without notice or liability to you.

• Dispute Resolution

  In the event of any dispute or claim relating to the platform or these terms of use, you agree to resolution of such dispute in the state or federal courts located in and for new york, ny in accordance with new york law.

• Revisions; General.

  Pristine reserves the right, in its sole discretion, to terminate your access to all or part of the platform, with or without cause, and with or without notice. In the event that any of the terms of use are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these terms of use shall otherwise remain in full force and effect. These terms of use constitute the entire agreement between pristine and you pertaining to the subject matter hereof. In its sole discretion, pristine may from time-to-time revise these terms of use by updating this posting. You should, therefore, periodically visit this page to review the current terms of use, so you are aware of any such revisions to which you are bound. Your continued use of the platform after revisions to these terms of use shall constitute your agreement to the revised terms of use. Certain provisions of these terms of use may be superseded by expressly designated legal notices or terms located on particular pages within the platform.

• Contact Us

  If you have any questions, concerns, complaints or suggestions regarding our terms of use or otherwise need to contact us, you may contact us at the contact information below or through the contact us page on our platform.