Eclipse System Terms of Use

Terms and Conditions

Please read these Terms and Conditions carefully before using the Eclipse System website (the “Site”) operated by Pelvalon, Inc. (“Pelvalon”). The Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of the Site constitutes your agreement to all such Terms. If you do not agree with any of these Terms of Use, do not use this Site.

In these Terms of Use, the terms “you” and “yours” refer to the person using this Site. The terms “we,” “our,” “us” and “Pelvalon” collectively refer to Pelvalon, Inc., a medical device corporation headquartered in California.

The servers that host this Site are located in the United States, and any personal details you provide us will be processed by Pelvalon in the United States. For information about the way in which we use, process and share personal information that we may obtain about you, please refer to our Privacy Policy (the “Privacy Policy”).

Medical Disclaimers

THE CONTENT (AS DEFINED BELOW) AVAILABLE THROUGH THIS SITE IS FOR INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY AND IS NOT A SUBSTITUTE FOR THE PROFESSIONAL JUDGMENT OF A HEALTHCARE PROFESSIONAL IN DIAGNOSING AND TREATING PATIENTS. PELVALON DOES NOT GIVE MEDICAL ADVICE, NOR DOES IT PROVIDE MEDICAL OR DIAGNOSTIC SERVICES. ADDITIONALLY, THE USE OF THE CONTENT OBTAINED THROUGH THIS SITE DOES NOT ESTABLISH A PHYSICIAN-PATIENT RELATIONSHIP.

Your reliance upon information and Content obtained by you at or through this Site is solely at your own risk. Neither we nor providers of content to us (“Content providers”) assume any liability or responsibility for damage or injury (including death) to you, other persons or property arising from any use of any product, information, idea or instruction contained in the Content.

We do not provide advice to you on any issues relating to medical treatment and the Content is intended solely as a resource and informational tool. Always seek the advice of a physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have seen or read on this Site. We are not medical professionals and will not discuss or advise you on any issues relating to medical treatment.

Electronic Communications

Visiting the Site or sending emails to Pelvalon constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

Links to Third Party Sites

The Site may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Pelvalon and Pelvalon is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Pelvalon is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Pelvalon of the site or any association with its operators.

Intellectual Property

All content such as text, graphics, logos, trademarks, images, as well as the compilation thereof, and any software used on the Site (“Content”), including any intellectual property rights in such Content, is the property of Pelvalon or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Pelvalon content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Pelvalon and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Pelvalon or our licensors except as expressly authorized by these Terms.

User Content

Except as provided in our Privacy Policy, any content that you submit to this Site or Pelvalon, whether directly or through a third-party website (“User Content”) will be deemed to be non-confidential and may be disclosed through this Site to unknown persons on a worldwide basis without control by Pelvalon, including for browsing, downloading, printing and other uses by such other persons or entities. You agree not to submit User Content to this Site or Pelvalon except for User Content that is fully authorized for purposes of this Site and these Terms, and by posting User Content on this Site, you warrant and represent that you own the rights to the User Content or are otherwise authorized to post, distribute, display, perform, transmit or otherwise distribute User Content. It is your obligation to determine the extent to which User Content you submit is protected by applicable intellectual property laws. You agree that Pelvalon shall have, and hereby grant to Pelvalon, a worldwide, royalty-free, perpetual, irrevocable, sub-licensable, non-exclusive right and license to translate, reproduce, sell, publish, distribute, modify, adapt, display, perform, promote, link to or use, in any form or media, any User Content that you submit to this Site or Pelvalon. Pelvalon does not endorse any User Content, or third-party product or service that may appear on this Site. Nothing in these Terms shall obligate Pelvalon to use any User Content you submit or permit the posting of such User Content on this Site.

Compliance with the Digital Millennium Copyright Act

Pelvalon respects the rights of all copyright holders and in this regard, we have adopted and implemented a policy that provides for the termination in appropriate circumstances of users of this Site who infringe the rights of copyright holders. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our copyright agent the following information required by the Digital Millennium Copyright Act, 17 U.S.C. Section 512:

a. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

b. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;

c. Identification of the Content that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and the information reasonably sufficient to permit Pelvalon to locate the Content;

d. Information reasonably sufficient to permit Pelvalon to contact the complaining party;

e. A statement that the complaining party has a good faith belief that the use of the Content in the manner complained of is not authorized by the copyright owner, its agent or the law;

f. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

For copyright inquiries under the Digital Millennium Copyright Act, please contact Pelvalon’s copyright agent at: info@pelvalon.com or call 1-844-NO-TO-ABL (1-844-668-6225).

Site Administration & Access Arrangements

Your use of this Site shall be in accordance with any and all procedures, forms, formats, displays and operating times, which may be determined, specified or modified by Pelvalon in its discretion. You are responsible for all software, hardware, interconnections, fees, expenses, costs and taxes for you to access or use this Site.

Linking

Unless otherwise agreed upon between you and Pelvalon, no link shall be made to any page of this Site except a direct link to the top page (e.g., www.eclipsesystem.com) without framing. In addition, any link to this Site must be immediately followed by notice to Pelvalon via email at info@pelvalon.com. Moreover, in the event Pelvalon deems your linking practices in relation to this Site to be inappropriate, Pelvalon may choose to delete the link or to provide you with notice concerning removal or modification of the inappropriate link, and you agree to comply with any and all requirements of Pelvalon relating thereto.

Access to Site

While it is Pelvalon’s objective to make the Site accessible 24 hours per day, 7 days per week, the Site may be unavailable from time to time for any reason including, without limitation, routine maintenance. You understand and acknowledge that due to circumstances both within and outside of the control of Pelvalon, access to the Site may be interrupted, suspended or terminated from time to time. Pelvalon shall have the right at any time to change or discontinue any aspect or feature of the Site, including, but not limited to, Content, hours of availability and equipment needed for access or use.

Import/Export Control

You agree not to submit any User Content to this Site or commit any act involving the transfer of information relating to any Content in violation of applicable import/export control, espionage or national security laws.

Liability Disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. PELVALON MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

PELVALON MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. PELVALON HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PELVALON, INC. AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF PELVALON, INC. OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

You agree to defend, indemnify and hold harmless Pelvalon from any demands, claims, damages, liabilities, expenses or harms, including attorney’s fees, arising in connection with your use of this Site, online conduct, breach of these Terms, or dealings or transactions with other persons resulting from use of this Site.

Termination

Pelvalon may terminate or suspend access to our Site immediately, without prior notice or liability, for
any reason whatsoever, including without limitation if you breach the Terms. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Governing Law

With respect to any and all disputes arising out of or in connection with this Site or these Terms (including without limitation the Privacy Policy), Pelvalon and you agree to negotiate in good faith and undertake reasonable efforts to cooperate with one another in order to achieve a mutually satisfactory resolution.

Pelvalon has no obligation to become involved in any dispute between a user and any other person. These Terms shall be governed and construed in accordance with the laws of the state of California, without regard to its conflict of law provisions. You agree that all disputes arising under these Terms shall be brought by you in your individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding, and shall be resolved by confidential binding arbitration administered by the American Arbitration Association (“AAA”) in Sunnyvale, California, or another forum mutually agreed upon by you and Pelvalon, pursuant to the Commercial Arbitration Rules (“Rules”) of the AAA by a sole arbitrator nominated by agreement of you and Pelvalon and confirmed in accordance with the Rules. If AAA is not hearing consumer commercial disputes at the time, Pelvalon may select another arbitral body in its sole discretion. The arbitrator’s award shall be binding and may be entered as a judgment in a court of competent jurisdiction. You agree that Pelvalon is entitled to obtain preliminary injunctive relief to the extent allowed by law to enforce any of the terms of these Terms pending a final arbitral decision.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

Changes to Terms

Pelvalon reserves the right, in its sole discretion, to change the Terms under which www.eclipsesystem.com is offered. The most current version of the Terms will supersede all previous versions. Pelvalon encourages you to periodically review the Terms to stay informed of our updates.

Contact Us

If you have any questions about the Terms, please contact us.

Pelvalon, Inc.
923 Thompson Place
Sunnyvale, California 94085
info@pelvalon.com
1-844-NO-TO-ABL (1-844-668-6225)

Effective as of December 23, 2015
©2016 Pelvalon, Inc. All Rights Reserved.