Welcome, and thank you for your interest in LUKEMedical, Inc. (“LUKE,” “we,” or “us”) and our website at https://LUKE.com (the “Site”). These LUKEWebsite Terms of Use are a legally binding contract between you andLUKEregarding your use of the Site. Please read the following terms carefully before using the Site.By using the Site, you acknowledge that you have read, understood, and agree to be bound by the following terms and conditions, including theLUKEWebsite Privacy Policy (available at https://LUKE.com/privacy-policy) (together, the “Terms”). If you are not eligible, or you do not agree to the Terms, then you do not have our permission to use the Site.
You must be at least 18 years of age to use the Site. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least 18 years of age; and (b) your use of the Site is in compliance with any and all applicable laws and regulations. If you are an entity, organization, or company, the individual accepting these Terms on your behalf represents and warrants that they have authority to bind you to these Terms and you agree to be bound by these Terms.
We may periodically make changes to these Terms. When we do, we will update the “Last Updated” date below. It is your responsibility to review the most recent version of these Terms and to remain informed of any changes. You agree that your continued use of the Site after the effective date of any changes will constitute your acceptance of the changed Terms for your continued use. Disputes arising under these Terms will be resolved in accordance with the version of these Terms that was in effect at the time the dispute arose.
We reserve the right to modify or discontinue, temporarily or permanently, all or a part of the Site without notice. We will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site. From time to time, we may restrict access to some parts of the Site, or the entire Site, to users, including registered users.
The information presented on or through the Site is made available solely for general information purposes. The Site may contain information about proprietary software, hardware, and support services made available by LUKE(the “LUKEServices”). LUKEdoes not guarantee or warrant that information regarding theLUKEServices, including features, specifications, pricing, availability, or support is complete, accurate, or error-free.LUKEdoes not recommend, endorse, or make any representation about the efficacy, appropriateness, or suitability of any specific procedures, products, treatments, opinions, services, health care providers or other information that may be contained on or available through the Site. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site, or by anyone who may be informed of any of its contents.LUKEreserves the right to modify information about theLUKEServices at any time and without notice.
Subject to these Terms, LUKEgrants you a non-exclusive, non-transferable limited, revocable license to access and use the Site solely for personal and non-commercial purposes to learn more about our products and services and to review and apply for job openings. No other use of the Site is authorized. Except as expressly set forth herein, no right, title, or interest in or to the Site or any Site Content (as defined below) is transferred to you, and all rights no expressly granted are reserved byLUKE.
In addition to these Terms, you must comply with all applicable laws when using the Site. Except as may be expressly permitted by applicable law or expressly permitted by us in writing, you will not, and will not permit anyone else to: (a) store, copy, modify, distribute, disclose or resell any information or material available on the Site (“Site Content”), or compile or collect any Site Content as part of a database or other work in any medium; (b) use any automated system, such as, “robots,” “spiders,” or “offline readers,” to (i) use the Site, (ii) store, copy, modify, distribute, translate, enhance, decompile, disassemble, reverse engineer, or create derivative works any Site Content, or (iii) access the Site in a manner that sends more request messages to the LUKEservers than a human can reasonably produce in the same period of time by using a conventional on-line web browser (except thatLUKEgrants the operators of public search engines revocable permission to use spiders to copy publicly available materials fromLUKE.com for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (c) rent, lease or sublicense your access to the Site; (d) use the Site for any purposes other than personal or non-commercial purposes; (e) transmit spam, chain letters, or other unsolicited email; (f) cause, attempt or actually (i) interfere with, (ii) compromise the system integrity or security or (iii) decipher any transmissions to or from the servers running the Site; (g) take any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (h) upload invalid data, viruses, worms, or other software agents through the Site; (i) collect or harvest any personally identifiable information from the Site; (j) use the Site for any commercial solicitation purposes; (k) interfere with the proper working of the Site; (l) bypass the measures we may use to secure, prevent and restrict access to the Site; (m) remove, alter, or obscure any proprietary notices on any portion of the Site or Site Content; or (n) otherwise engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site or Site Content, or which, as determined by us, may harm LUKEor users of the Site or expose them to liability.
The Site is owned and operated by LUKE. We or our licensors retain all right, title, and interest in and to the Site and Site Content and any trademarks, logos, or service marks displayed on the Site or in Site Content (“Marks”). Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner. The Site, Site Content, and Marks are protected by applicable intellectual property laws and international treaties. Except as expressly authorized by LUKE, you may not make use of the Site, Site Content, and Marks. Any use of the Site or the Site Content not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.
Please read the LUKEWebsite Privacy Policy https://LUKE.com/privacy-policy carefully for information relating to our collection, use, storage, disclosure of your personal information. The Privacy Policy is incorporated by this reference into, and made a part of, these Terms.
The Site contains links to third party products, services, and websites, including links that may allow you contact individuals in connection with the LUKEServices. We exercise no control over the third party products, events, services, and websites and we are not responsible for their performance, do not endorse them, and are not responsible or liable for any content, advertising, or other materials made available through the third party products, services, events, and websites. We are not responsible or liable, directly or indirectly, for any damage or loss caused to, or suffered by, you by your use of or reliance on any goods or services available through the third party products, services, events, and websites. If you decide to access any of the third party websites linked to this Site, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
Additionally, if you follow a link or otherwise navigate away from the Site, please be aware that these Terms will no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any third-party websites to which you navigate to from the Site.
If the Site provides professional information (for example, findings of scientific studies, patient testimonials and any other medical or health related information), such information is for informational purposes only and should not be construed as professional advice. No action should be taken based upon any information contained in the Site. You should seek independent professional advice from a person who is licensed and/or qualified in the applicable area. You understand that our products and services do not constitute treatment or diagnosis of any condition, disease or illness. Our LUKESystem does not detect all forms of heart disease and does not provide medical diagnosis or replace regular contact and follow-up with your physician.
LUKEmay require you to provide contact information in order to access certain features of the Site, including to request a demonstration ofLUKE’s products or services or to join our mailing list. You may be asked to provide your first and last name, email, phone number, city, country, employer, and job description. If you choose to provide LUKEwith this information, you agree thatLUKEmay contact you in connection with its marketing and promotional activities by calling, emailing, text messaging, or contacting you through other means using the contact information you provided. You also agree that the information you provide is accurate and that you will keep it accurate and up-to-date at all times. You may opt out of receiving marketing communications by following the specific instructions included in such communications.
LUKEmay provide you with a mechanism to provide feedback, suggestions, and ideas about the Site or us (“Feedback”). You agree mat we may, in our sole discretion, use the Feedback you provide in any way, including in future modifications to the Site, our products, or services. You hereby grant us an unrestricted, perpetual, worldwide, fully transferable, irrevocable, royalty-free right to exploit the Feedback in any manner for any purpose.
YOUR USE OF THE SITE AND SITE CONTENT IS AT YOUR SOLE RISK. THE SITE AND SITE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. LUKEEXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF THE SITE OR SITE CONTENT, AND YOU RELY ON THE SITE AND SITE CONTENT AT YOUR OWN RISK. ANY MATERIAL OBTAINED THROUGHT THE SITE IS DONE AT YOUR OWN DISCRETIONI AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMGE TO YOUR COMPUTER OR LOSS OF DATA THAT MAY RESULT FROM THE DOWNLOAD OF ANY MATERIAL THROUGH THE SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOUR FROMLUKEOR THROUGH OR FROM THE SITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. HOWEVER,LUKEDOES NOT DISCLAIM ANY WARRANTY OR OTHER RIGHT THATLUKEIS PROHIBITED FROM DISCLAIMING UNDER APPLICABLE LAW.
LUKEWILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IFLUKEHAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES), RESULTING FROM YOUR USE OF THE SITE AND SITE CONTENT. UNDER NO CIRCUMSTANCES WILLLUKE’S TOTAL LIABLITY OF ALL KINDS ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE OR SITE CONTENT (INCLUDING BUT NOT LIMITED TO WARRANTY CLAIMS), REGARDLESS OF THE FORUM AND REGARDLESS OF WHETHER ANY ACTION OR CLAIM IS BASED ON CONTRACT, TORT, OR OTHERWISE, EXCEED $50. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTIAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO, AND DOES, ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
You will indemnify and hold harmless LUKE, and affiliates, officers, agents, and employees, from any costs, damages, expenses, and liability arising out of your use of the Site or Site Content, your violation of these Terms, or your violation of any rights of a third party through use of the Site or Site Content. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of those claims.
These Terms, together with the Privacy Policy and any other agreements expressly incorporated by reference into these Terms, are the entire and exclusive understanding and agreement between you and LUKEregarding your use of the Site. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time without notice or consent. The failure to require performance of any provision will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of these Terms, or any provision of these Terms, be a waiver of any subsequent breach or default or a waiver of the provision itself. Use of section headers in these Terms is for convenience only and will not have any impact on the interpretation of any provisions. If any part of these Terms is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect.
These Terms are governed by the laws of the State of Ohio without regard to conflict of law principles.. The exclusive jurisdiction and venue for any claims arising out of or related to these Terms or your use of the Site will lie in the state and federal courts located in New Jersey, and you irrevocably agree to submit to the jurisdiction of such courts. The failure of LUKEto enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to byLUKEin writing. In the event that a court of competent jurisdiction finds any provision of these Terms to be illegal, invalid or unenforceable, the remaining provisions will remain in full force and effect.
