Terms of Use

1. INTRODUCTION

These terms of use are entered into by and between You and Medical Microinstruments, Inc., a  Delaware corporation, with an address at 1209 Orange Street, Wilmington, Delaware 19802, and its parents, subsidiaries, and agents  (hereinafter also as “Company” or “MMI”). The following terms and conditions, (hereinafter also as “Terms of Use“) govern your access to and use of https://www.mmimicro.com, including any content, functionality, and services offered on or through https://www.mmimicro.com (hereinafter also as “Website“).

Please read the Terms of Use carefully before you start to use the Website.

By using the Website, you accept and agree to be bound and abide by these Terms of Use. If you do not want to agree to these Terms of Use, you must not access or use the Website.

This Website has been designed to provide general information about MMI and its products. These pages are not intended to provide medical advice, nor do they provide instruction on the appropriate use of products produced or supplied by MMI, its affiliates, related companies, or its licensors or joint venture partners.

2. ACCURACY OF INFORMATION

The information presented on or through the Website is made available solely for general information purposes. MMI do not warrant the accuracy, completeness, or usefulness of information on the Website. Information on the Website may contain technical inaccuracies or typographical errors. Information may be changed or updated without notice. MMI shall not be held responsible for any action taken that is based on the information presented on this Website, and all users of this Website agree that all access and use, and any and all content presented on this Website, is at the user’s own risk. Neither MMI nor any party involved in creating, producing, or delivering this Website and its content shall be liable for any direct, incidental, consequential, indirect, punitive, or other damages arising out of a user’s access, use, or inability to use this Website, or any errors or omissions in the content.

3. MEDICAL ADVICE DISCLAIMER

These pages are not intended to provide medical advice or physician instruction on the appropriate use of products or services produced or supplied by MMI, its affiliates, related companies, or its licensors or joint venture partners. Information provided should not be used for therapeutic, diagnostic, or training purposes.

If you are a patient, consult with your doctor about all options that may be appropriate for your medical condition. If you have questions about Symani® Surgical Systems, consult with a qualified physician/surgeon.

If you are a physician/surgeon, contact MMI for further information on product(s) training. Surgeons or others who are considering using  robotic or computer-assisted surgery, or any other type of surgical procedure shall only do so after successfully completing required medical training and certification as well as the relevant training mandated in the professional guidelines of their own hospital, institution, or society—including training on the use of  Symani® Surgical System.

4. INTELLECTUAL PROPERTY RIGHTS

The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by MMI and are protected by copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Website.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by MMI. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

5. TRADEMARKS

MMI’s name, MMI’s logo, and all related names, logos, product and service names, designs, and slogans are trademarks of MMI or its affiliates or licensors. You must not use such marks without the prior written permission of the Company.

All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.

6. PROHIBITED USES

You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:

• In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software).
• For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
• To send, knowingly receive, upload, download, use, or re-use any material that does not comply with what set out in these Terms of Use.
• To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
• To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).
• To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by MMI, may harm the Company or users of the Website, or expose them to liability.

Additionally, you agree not to:

• Use the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.
• Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
• Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.
• Use any device, software, or routine that interferes with the proper working of the Website.
• Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
• Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
• Otherwise attempt to interfere with the proper working of the Website.

7. NON-CONFIDENTIALITY

Any information or material you transmit to MMI via this Website or any other form of electronic or written communication is transmitted by you on a non-confidential basis. By sending MMI any information or material, you grant MMI an unrestricted, irrevocable license to use, reproduce, display, perform, modify, transmit, and distribute that information or material, and you also agree that MMI is free to use for any purpose any ideas, concepts, know-how, or techniques you send us. But, MMI will not release your name or otherwise publicize the fact that you transmitted information or material to us unless: (a) MMI asks your permission to use your name; or (b) MMI first notifies you via this Website or otherwise that the information or material you submit to a particular part of this Website will be published or otherwise associated with your name; or (c) MMI is required to do so by law.

8. CHANGES TO THE WEBSITE

MMI may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and MMI is under no obligation to update such material.

9. LINKS FROM THE WEBSITE

If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. MMI has no control over the contents of those sites or resources, and accepts no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

10. DISCLAIMER OF WARRANTIES

You understand that MMI cannot and does not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to the Website for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, MMI WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

11. LIMITATION ON LIABILITY

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL MMI, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

 

12. INDEMNIFICATION

You agree to defend, indemnify, and hold harmless MMI, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, any use of the Website’s content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Website.

13. WAIVER AND SEVERABILITY

No waiver by MMI of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of MMI to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

14. GOVERNING LAW AND JURISDICTION

All matters relating to the Website and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Delaware without reference to its conflicts of law principles.

Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or state courts located in New Castle, Delaware, although MMI retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

 

15. CHANGES TO THE TERMS OF USE

MMI may revise and update these Terms of Use from time to time in its sole discretion. All changes are effective immediately when MMI post them. Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes.

16. PERSONAL DATA

Through the use of the Website, MMI might collect and further process your personal data. MMI will process your personal data in accordance with the then applicable Privacy Notice that you may access in the Website.

17. COMMENTS AND CONCERNS

All feedback, comments, concerns, requests for technical support, and other communications relating to the Website should be directed to: connect@mmimicro.com.

These Terms of Use were last changed on September 28^th, 2023.