1. The Website

1.1 Embolx, Inc. (“Embolx”) operates the website with a homepage at www.embolx.com and all features, content, and application websites offered from time to time thereon (collectively, the “Website”).

1.2 By using the Website in any manner, including but not limited to visiting or browsing the Website, You or the entity that You represent (“You”) agree to be bound by this agreement and the Embolx privacy policy, which is hereby incorporated by reference.

1.3 Provision of the websites offered at embolx.com is conditioned on, and Your use of the Website shall constitute, Your acceptance of the terms of this agreement (including, for purposes of this agreement, the terms of any existing separate written agreement referred to above) to the exclusion of all other terms.

1.4 Embolx’s acceptance is expressly conditioned upon Your acceptance of all the terms and conditions of this agreement, to the exclusion of all other terms; if these terms and conditions are considered an offer by Embolx, acceptance is expressly limited to these terms.

2. Modification to Agreement

Embolx reserves the right, in its sole discretion, to modify this agreement at any time by posting a notice on the Website. You shall be responsible for reviewing and becoming familiar with any such modifications. Such modifications are effective upon first posting or notification and use of the Website by You following such posting or notification constitutes your acceptance of the terms and conditions of this agreement as modified.

3. Website Access

3.1 Subject to Your compliance on a continuing basis with all of the terms and conditions of this agreement, Embolx hereby grants You permission to use the Website only as set forth in this agreement, and provided that:

(a) You use the Website solely for Your personal, noncommercial use;
(b) You will not copy or distribute any part of the Website in any medium without Embolx’s prior written authorization;
(c) You will not circumvent, disable, violate or attempt to violate, or otherwise interfere with the security or integrity of the Website, the proper operation of the Website, the features that prevent or restrict use or copying of any Content (as the term is defined below) or enforce limitations on use of the Website or the Content therein, or interfere with any activity being conducted on the Website;
(d) You will not link to the Website without Embolx’s prior written consent;

3.2 You agree not to use or launch any automated system, including and without limitation, “robots,” “spiders,” “offline readers,” etc., that accesses the Website in any manner. You agree not to collect or harvest any personally identifiable information, including email addresses, from the Website, nor to use the communication systems provided by the Website for any commercial solicitation purposes.

4. Intellectual Property Rights

The content on the Website including without limitation, the text, abstracts, metadata, software, scripts, graphics, files, images, photos, sounds, music, videos, interactive features and the like (collectively “Content”) and the trademarks, Website marks and logos contained therein (“Marks”), are owned by or licensed to Embolx, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Embolx reserves all rights not expressly granted in and to the Website and the Content.

You agree to not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any other purposes whatsoever any Content, Marks, or other proprietary rights not owned by You. If You download or print a copy of the Content for personal use, You must retain all copyright and other proprietary notices contained therein.

5. Third Party Websites

The Website may contain links to third party websites that are not owned or controlled by Embolx. When You access third party websites, You do so at your own risk. Embolx encourages You to be aware when You leave the Website and to read the terms and conditions and privacy policy of each third party website that You visit. Embolx has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of, or opinions expressed in any third party website. In addition, Embolx will not and cannot monitor, verify, censor or edit the content of any third party website. By using the Website, You expressly relieve Embolx from any and all liability arising from Your use of any third party website.

6. Product Information

These Terms of Service solely govern Your use of the Website, which does not include Your use of Embolx products. All product claims made on the Website are supported by data on file.

The Website is not a substitute for the Instructions for Use distributed with Embolx Products. Refer solely to the Instructions for Use distributed with the applicable Avinger product for all prescribing information and product indications.

Federal (U.S) law restricts the sale, distribution or use of these devices to, by or on the order of a licensed physician.

7. Warranty Disclaimer

To the fullest extent permitted by law, Embolx, its suppliers and each of their respective officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with the Website and Your use thereof, including warranties of merchantability, fitness for a particular purpose and non-infringement.

8. Limitation of Liability

In no event shall Embolx, its suppliers’, or their respective officers, directors, employees, or agents, be liable to You or any third party for any indirect, incidental, special, punitive, or consequential damages whatsoever, including lost profits, whether based on warranty, contract, tort, or any other legal theory, and whether or not Embolx is advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. Subject to the foregoing, Embolx’s liability to You for any reason, will be limited to the amount paid, if any, by You to Embolx for Emblox Websites in connection with the Website during the term of Your membership.

9. Miscellaneous

No agency, partnership, joint venture, or employment is created as a result of this Agreement and You do not have any authority of any kind to bind Embolx in any respect whatsoever. If there is any dispute about or involving the Website, You agree that the dispute shall be governed by the laws of the State of California, without regard to conflict of laws provisions.