Terms & Conditions

Terms of Use 

Welcome to www.ApolloSurgical.com (the “Site”).  The following user agreement states the terms and conditions for your use of the Site. The words “user,” “you” and “your” as used in this agreement refer to users of the Site, and if you are under the age of 18 years old, “you” and “your” also includes your parents or legal guardians.  “We” and “us” refers to Apollo Surgical Industries, Inc.

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE SITE. 

By accessing and using the Site, you signify (i) that you are at least 18 years old, and (ii) your agreement to these terms and conditions of use.  If you do not agree to these terms and conditions of use, you are not permitted to use the Site.

We reserve the right, in our sole discretion, to change, modify, add or otherwise alter these terms and conditions at any time.  Such changes, modifications and/or alterations are effective immediately upon their posting here.  Your use of the Site shall be deemed to confirm your acceptance of these terms and conditions and any changes, modifications or alterations thereof.  Your consent to these and any new terms will be required in order for you to continue to use the Site.  You are responsible for periodically reviewing this page.

USE OF THE SITE

You agree to not:

  1. Attempt to elude or elude the security systems of the Site;
  2. Attempt to gain access or gain access to the Site in a fraudulent manner;
  3. Attempt to obtain or ascertain or obtain or ascertain any other user’s personal information by an means whatsoever
  4. Use the Site for any purposes other than those intended by Apollo Surgical Industries, Inc., as determined by Apollo Surgical Industries, Inc. in its sole discretion; or
  5. Upload or submit any data or information containing viruses or any computer code, corrupt files or programs engineered to disrupt or destroy the functionality of any software, hardware, telecommunications, networks, servers, or other equipment.

We further reserve the right to modify and/or discontinue the Site at any time without notice.

INTELLECTUAL PROPERTY OWNERSHIP

All materials contained on the Site, including but not limited to software, designs, text, images, photography, illustrations, audio clips, video clips, artwork, graphic material, animation or other copyrightable elements, the selection and arrangements thereof, and all trademarks service marks, and trade names, trade dress and patents (the “Material”) are the property of Apollo Surgical Industries, Inc. and/or its affiliates, subsidiaries, licensors, or other respective owners and are protected, without limitation, pursuant to U.S. and foreign copyright, trademark and patent laws. You agree not to reproduce, modify, create derivative works from, display, publish, distribute, disseminate, broadcast, or circulate any Material to any third party (including, but not limited to the display and distribution of the Materials via a third party site) without prior written consent from Apollo Surgical Industries, Inc..

You further agree that you will not disassemble, decompile, reverse engineer, or otherwise modify the Material.  Any unauthorized or prohibited use may subject you to civil liability and criminal prosecution under applicable laws.

DISCLAIMER & LIMITATION OF LIABILITY

The Site and all materials contained on it are distributed and transmitted on an “as is” and “as available” basis, without warranties of any kind, either express or implied.  We do not warrant that the functions contained in or on the Site will be uninterrupted or error-free, or that defects will be corrected.  Apollo Surgical Industries, Inc., its affiliates, and subsidiaries, and their respective officers, directors, members, employees, agents, licensors, and representatives are not responsible or liable for any infections or contamination of your system, or delays, inaccuracies, errors, or omissions arising out of your use of the Site or with respect to the information and material contained on the Site.

To the fullest extent permissible pursuant to applicable law, Apollo Surgical Industries, Inc. its affiliates, and subsidiaries, and their respective officers, directors, employees, agents, licensors, and representatives are not liable for damages of any kind including, without limitation, compensatory, consequential, incidental, indirect, special or similar damages, that may result from the use of, or the inability to use, the Site or materials contained on the Site, even if we have been advised of the possibility of such damages. The entire risk as to the quality, accuracy, completeness, correctness, and validity of any material rests with you.

Notwithstanding the foregoing, in no event shall Apollo Surgical Industries, Inc.’s liability to you for any and all claims, damages, losses, and causes of action (whether in contract, tort, or otherwise) exceed the amount paid by you, if any, for accessing the Site or US $14.99, whichever is less.

INDEMNITY

You agree to indemnify, defend, and hold harmless, Apollo Surgical Industries, Inc. its affiliates, and their respective officers, directors, employees, agents, licensors, representatives, and third party providers to the Site from and against all losses, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from your violation of any of these terms and conditions.    You will use your best efforts to cooperate with us in the defense of any claim arising from or caused by conduct of yours that violates these terms and conditions.  Apollo Surgical Industries, Inc. reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, provided that you fully cooperate with Apollo Surgical Industries, Inc. in asserting any available defenses.

SEVERABILITY

If any provision of these terms and conditions is found to be illegal, void or unenforceable, that provision will be deemed severed from the balance of the agreement and will not affect the validity and enforceability of the remaining provisions, which will continue in full force and effect.

PRIVACY

Please visit our Privacy Policy which also governs your use of the Site and is incorporated in and made part of these terms and conditions.  If you are outside the United States, you understand and agree that by providing the Site with any information about yourself, you are consenting to the transfer of that information to the United States.

MISCELLANEOUS

No software from this Site may be downloaded, exported or reexported in violation of any law including, without limitation, to countries that are subject to U.S. export restrictions.

These terms and conditions contain the entire understanding of the parties hereto relating to the subject matter hereof.

These terms and conditions and all matters or issues collateral thereto are governed by, construed and enforced in accordance with the laws of the State of New Jersey applicable to contracts executed and performed entirely therein (without regard to any principles of conflict of laws). Jurisdiction for all disputes arising from or relating to these terms and conditions shall be exclusively in the New Jersey State courts located in Bergen, County, New Jersey or in federal courts located in the State of New Jersey.

This page was lasted updated on July 27, 2016.