arrowFill 271arrowFacebookLinkedInemail iconmailMap marker v1 Copy 5call phone iconRSSTwitterWhatsapp

Terms of Use

PLEASE READ THESE TERMS OF USE CAREFULLY

These Terms of Use describe rules for visitors to this Gradian Health Systems website. This website is owned and operated by Gradian Health Systems Inc. Gradian Health Systems is the name we use to refer to our whole business, including Gradian Health Systems Inc. and any of the companies that it controls, such as its subsidiaries and affiliates. When we use the words we or our or Gradian, we mean Gradian Health Systems Inc. Gradian Health Systems may also operate other websites. These Terms of Use do not apply to our other websites. You should review the terms of use posted on these Gradian Health Systems websites when you visit them. These Terms of Use were last updated on May 24, 2017. We may change these Terms of Use at any time. Please review the Terms of Use each time you visit the website. By using this web site, it means you accept the most recent version of the Terms of Use. This website does not provide medical advice. If you think you may have a medical emergency, call your doctor immediately.

ABOUT THE INFORMATION ON THIS WEBSITE

Much of the information on this website relates to products and services offered by Gradian Health Systems. The materials on this website are for your general educational information only. Information you read on this website cannot replace the relationship that you have with your healthcare professional. Gradian Health Systems does not practice medicine or provide medical services or advice and the information on this website should not be considered medical advice. You should always talk to your healthcare professional for diagnosis and treatment. Health information changes quickly. Therefore, it is always best to confirm information with your healthcare professional. This website contains information about products that are CE-marked and therefore cleared for use in any country that recognizes the CE-mark. If you live outside of these countries, you may see information on this website about products or therapies that are not approved or marketed in your country. The Universal Anaesthesia Machine and related products are not cleared by the FDA for use in the United States. Any use in the United States is governed by FDA regulations pertaining to the investigational use of products that have not been cleared by the Agency.

OUR COPYRIGHTS AND TRADEMARKS

The materials on this website belong to or are licensed to us. The materials are protected by United States and foreign copyright laws. There are some important rules about copying these materials. You may e-mail, download, or print copies of the materials on this website, but only for your personal, noncommercial use. When you e-mail, download, or print a copy of the materials on this website, you must also include all copyright and other notices that are in the materials, including the copyright notice on the bottom of the page. We also own the names we use for our products and services on this website, and these names are protected by United States and foreign trademark laws. A © following a name on our website indicates that the trademark has been registered in the United States. A ™ following a name on our website indicates that it is an unregistered trademark. An ® following a name on our website indicates that it is a registered trademark. All trademarks are the property of their respective owners. There may be special rules for the use of materials provided on certain parts of this website. These special rules will be posted near the materials. If you use the materials or trademarks on this website in a way that is not clearly allowed by these Terms of Use, you are violating your agreement with us and may be violating copyright, trademark, and other laws. In that case, we automatically revoke your permission to use this website. Title to the materials remains with us or with the authors of the materials contained on this website. All rights not expressly granted are reserved.

LINKS TO THIS WEBSITE AND USE OF GRADIAN HEALTH SYSTEMS MARKS

You are hereby granted a non-exclusive, limited, and revocable license to link to this website. Gradian Health Systems reserves the right to revoke this license generally, or your right to use specific links, at any time. If Gradian Health Systems revokes this license, you agree to remove and disable any and all of your links to this website immediately. You agree not to present the link to this website in such a way that it is associated with advertising or appears to be an endorsement of any organization, product, or service. You agree that the link will not appear on a website that a reasonable person may consider obscene, defamatory, harassing, grossly offensive, or malicious. Under no circumstances may you “frame” this website or any of its content or copy portions of this website to a server. You agree not to display or use the Gradian Health Systems logo or trademark in any manner without our prior written permission.

LINKS TO OTHER WEBSITES

This website may contain links to websites not operated by Gradian Health Systems. We provide these links for your convenience, but we do not review, control, or monitor the materials on any other websites. These websites may contain information about uses of Gradian Health Systems products or therapies that have not been approved in certain countries. We do not control or endorse this type of information. We are not responsible for the performance of those websites or for your business dealings with them. Your use of other websites is subject to the terms of use of those websites, including the privacy policies of those websites.

YOUR FEEDBACK, COMMENTS, AND IDEAS.

While we are pleased to receive feedback, comments, and ideas from visitors to this website, we want you to understand that any information that you submit through this website will be considered non-personal, non-confidential, and non-proprietary (other than personal information, as that term is defined in our Privacy Statement). If you transmit any ideas, information, concepts, know-how, or techniques or materials to us through this website, you hereby grant Gradian Health Systems an unrestricted, royalty-free, irrevocable license to use, reproduce, display, perform, modify, transmit, and distribute them in any medium, and agree that Gradian Health Systems is free to use them for any purpose. NO WARRANTIES. ALL CONTENT ON THIS WEBSITE IS PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” BASIS. GRADIAN HEALTH SYSTEMS HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. GRADIAN HEALTH SYSTEMS MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, CURRENCY, OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH THIS WEBSITE. GRADIAN HEALTH SYSTEMS MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ARE RESPONSIBLE FOR TAKING ALL PRECAUTIONS NECESSARY TO ENSURE THAT ANY CONTENT YOU MAY OBTAIN FROM THIS WEBSITE IS FREE OF VIRUSES AND ANY OTHER POTENTIALLY DESTRUCTIVE COMPUTER CODE. Some states do not allow limitations on implied warranties, so one or more of the above limitations may not apply to you. LIMITATION OF LIABILITY. YOU AGREE THAT NEITHER GRADIAN HEALTH SYSTEMS NOR ANY PERSON OR COMPANY ASSOCIATED WITH GRADIAN HEALTH SYSTEMS SHALL BE LIABLE FOR ANY DAMAGE RESULTING FROM YOUR USE OR INABILITY TO USE THIS WEBSITE OR THE MATERIALS ON THIS WEBSITE. THIS PROTECTION COVERS CLAIMS BASED ON WARRANTY, CONTRACT, TORT, STRICT LIABILITY, AND ANY OTHER LEGAL THEORY. THIS PROTECTION COVERS GRADIAN HEALTH SYSTEMS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND SUPPLIERS MENTIONED ON THIS WEBSITE. THIS PROTECTION COVERS ALL LOSSES INCLUDING, WITHOUT LIMITATION, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, AND PUNITIVE DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION. THE TOTAL LIABILITY OF GRADIAN HEALTH SYSTEMS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, IF ANY, FOR LOSSES OR DAMAGES SHALL BE LIMITED TO THE AMOUNT OF YOUR ACTUAL DAMAGES, NOT TO EXCEED U.S. $ 100.00. THE LIMIT OF LIABILITY MAY NOT BE EFFECTIVE IN SOME STATES. IN NO EVENT SHALL GRADIAN HEALTH SYSTEMS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SUPPLIERS BE LIABLE TO YOU FOR ANY LOSSES OR DAMAGES OTHER THAN THE AMOUNT DESCRIBED ABOVE. ALL OTHER DAMAGES, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE, RESULTING FROM ANY USE OF THE WEBSITE OR MATERIALS ARE EXCLUDED EVEN IF GRADIAN HEALTH SYSTEMS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OTHER RULES ABOUT THIS WEBSITE.

In addition to the rules in these Terms of Use and the Privacy Statement, you may be subject to additional terms that may apply when you access particular services or materials on certain areas in this website, such as when you purchase enhanced services, or by following a link from this website. Please read our Privacy Statement to learn how we protect and use information that we gather through this website. Your obligations under this section and the sections called “Your Feedback”, “No Warranties” and “Limitation of Liability” will survive termination of these Terms of Use. If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition. If you violate these Terms of Use or the Privacy Statement in a way that causes harm to others, you agree to hold Gradian Health Systems harmless against any liability for that harm. By using this website, you agree that the only proper jurisdiction and venue for any dispute with Gradian Health Systems, or in any way relating to your use of this website, is in the state and federal courts in the State of Delaware, U.S.A. You further agree and consent to the exercise of personal jurisdiction in these courts in connection with any dispute involving Gradian Health Systems or its affiliates, employees, officers, directors, agents, or suppliers. These Terms of Use are governed by the internal substantive laws of the State of Delaware, without respect to its conflict of laws principles, and the federal laws of the United States.

QUESTIONS, COMMENTS, AND NOTICES.

Gradian Health Systems may deliver notice to you by electronic mail, a general notice on this website, or by written communication delivered by First Class U.S. Mail to your address on record with Gradian Health Systems. You may deliver notice to Gradian Health Systems by using the Contact Us feature.

Privacy Policy

Welcome to www.gradianhealth.org (the “Website”). This website is owned and operated by Gradian Health Systems Inc (“we”, “us”, “our” “Gradian”). We are committed to protecting your privacy. This policy provides you with details on the information we collect from you and the uses we make of your personal information. If you do not want us accessing and/or using your personal information as described herein, please do not transmit any personal information to us. This policy may be updated from time to time without prior notice, so please check back periodically. If you continue to visit this Website and use the services made available to you after such changes have been made, you hereby provide your consent to the changes. We encourage you to read this policy to learn more about what information of yours we collect and how we use it and how you can “opt-out” of receiving communications from us. Additionally, this policy includes information about how we endeavor to protect your data. If you have any questions about our collection and use of your information, please contact us at info@gradianhealth.org.

Personally Identifiable Information

If you contact us, we may keep a record of that correspondence. We may collect personally identifiable information (“Personal Information”) such as your name, address, telephone number, and e-mail address from you. Personal Information is collected via voluntary submissions from you such as those pertaining to product purchases and requests for information both online and offline. If you do not want to provide us with your Personal Information, you may still access the Website but certain areas may not be accessible to you. If you choose to submit content to any public area of the Website, your content will be considered “public” and will not be subject to the privacy protections set forth herein or any applicable law, rule or regulation. We encourage you to exercise caution when making decisions about what information you disclose in such public areas. Furthermore, except as otherwise described in this Privacy Policy, any content you post to a public area of the Website may be used by us for any purpose. Your Personal Information may be used by us (i) to process your registration requests, purchase orders and requests for information; (ii) communicate with you; (iii) administer assistance to you when requested; and (iv) as required by applicable laws, rules or regulations, or the Terms of Use applicable to this Website. We may share your Personal Information with third parties to further the purpose for which you provided such information to us, for example, in order to process a purchase order or in connection with an information request. We also share your Personal Information with third parties if we believe that the law requires us to do, or to protect our own property or the property of our affiliates. Additionally, in the event of a corporate restructuring (such as, a sale, merger or other asset transfer), we may share your Personal Information with a third party.

Non-Personally Identifiable Information

Certain non-personally identifiable information (“Non-Personal Information”) about our visitors is collected by the standard operation of our Internet servers and through the use of “cookies”. A “cookie” is a small amount of data sent to your browser from a web server and stored by your computer. Generally, cookies are used to enable us to deliver to you a better and more personalized service, assist us in tracking visits to the Website and to measure visitor patterns. This information is not personally identifiable and is used by us only to improve the Website. We do not use cookies to retrieve Personal Information from your computer, or use cookies to retrieve other information from your computer for purposes that are unrelated to the Website or your interaction with the Website. We reserve the right to disclose or utilize any of this information in aggregate form, for any purpose, in our sole judgment. The Non-Personal Information we collect is used by us to improve the content of our Website and enhance your experience. By modifying your browser preferences, you can accept or reject all cookies. If you choose to reject all cookies, you will not be able to access the portions of the Website that require you to register in order to participate. You may have certain rights under the Communications Act, Federal Trade Commission Act, and other state and federal statutes that may apply, and by accepting these terms and using the Website, you are waiving all of these rights as to collection, use, disclosure and storage of your Personal Information and Non-Personal Information collected by us.

Protection for Children and Minors

This Website is not intended for, and we have no intention of collecting personally identifiable information from persons under the age of 13. If a person under the age of 13 has provided us with personally identifiable information, we will use all reasonable efforts to delete such information from our database. If you are under the age of 13, you are not authorized to access or submit any content or information to this Website.

Opt-Out

If you do not want to receive email or other communications from us in the future, please send an email to us at the address below requesting to be removed from our mailing list. You will also have the option of clicking on a link included in email correspondence you receive from us in order to remove yourself from our mailing list. Email Contact: info@gradianhealth.org. Please note that there might be a brief delay between when you submit your request to “opt-out” and when it is processed and reflected in our systems; accordingly you may continue to receive communications from us for a limited time after you unsubscribe. We appreciate your patience.

Security

We are committed to using our best efforts to maintaining the security of your Personal Information. To prevent unauthorized access, maintain data accuracy, and ensure the appropriate use of information, we adhere to industry standard practices and procedures to help safeguard and secure the information we collect. Although we use our best efforts to protect the security of your Personal Information and our system, due to the inherent open nature of the Internet, no transmission via the Internet can be guaranteed to be 100% secure. As a result of this and other factors beyond our control, we cannot guarantee the security of the information that you transmit to or through our Website. Therefore, you assume that risk by using the Website.

Links to Other Websites

This Website may contain links to other websites. Please be aware that we are not responsible for such third party sites in any manner including without limitation, the privacy practices of other websites. We encourage you to be aware when you access any such third party links and to read the privacy policies of each website that you access. This Privacy Policy only applies to information collected by us by this Website.

Contact Us

If you have any questions, comments or concerns regarding this Privacy Policy and/or the practices described herein, please email us at info@gradianhealth.org or write us at 915 Broadway, Suite 1001, New York, NY 10010.

Governing Law

This Privacy Policy and our legal obligations hereunder are subject to the laws of New York, U.S.A., regardless of your location. You hereby consent to the exclusive jurisdiction of and venue in the federal and state courts located in New York, U.S.A. in all disputes arising out of or relating to the Services. Your use of this Website is governed by, and subject to, the legal notices and disclaimers located on our Terms of Use page and is subject at all times to all such legal notices and disclaimers. Furthermore, your use and access of the Website constitutes your agreement to be bound by the provisions contained in the Terms of Use and in this Privacy Policy.

This Privacy Policy was last updated March 31, 2015.

Sign up for our newsletter