ABLATIVE SOLUTIONS ONLINE TERMS AND CONDITIONS
Ablative Solutions, Inc. (“Ablative Solutions”) maintains this website as a service to the
Internet community. Your access to this website is subject to the following Terms and
Conditions, which may be updated by Ablative Solutions from time to time without notice to
you. By accessing or using this website, you agree that you have read, understand, and agree to
be bound to these Terms and Conditions, as they may be amended from time to time, as well as
to the terms of our Privacy Policy, which is hereby incorporated into these Terms and
Conditions. You are responsible for periodically reviewing these Terms and Conditions for
applicable changes. Your use of this website after posting by Ablative Solutions of any changes
to these Terms and Conditions constitutes your acceptance to those changes. If you disagree with
these Terms and Conditions (as they may be amended from time to time), or are dissatisfied with
this website, your sole and exclusive remedy is to discontinue using this site.
I.
DISCLAIMERS
You acknowledge and agree that:
1.1
Although Ablative Solutions strives to provide on this website the latest
developments and other information about our company, Ablative Solutions does not warrant the
accuracy, effectiveness and suitability of any information contained in this website. Each person
assumes full responsibility and all risks arising from use of this internet site. The information is
presented “AS IS” and may include technical inaccuracies or typographical errors. Ablative
Solutions reserves the right to make additions, deletions, or modifications to the information at
any time without any prior notification.
1.2
ABLATIVE SOLUTIONS MAKES NO REPRESENTATIONS OR
WARRANTIES OF ANY KIND OR NATURE WITH RESPECT TO THE INFORMATION
OR CONTENT POSTED ON THIS WEBSITE. ABLATIVE SOLUTIONS HEREBY
DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR
IMPLIED, CREATED BY LAW, CONTRACT OR OTHERWISE, INCLUDING, WITHOUT
LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. IN NO EVENT SHALL
ABLATIVE SOLUTIONS BE LIABLE FOR ANY DAMAGES OF ANY KIND OR NATURE,
INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL (INCLUDING
LOSS OF PROFIT), CONSEQUENTIAL OR INCIDENTAL DAMAGES ARISING FROM
OR IN CONNECTION WITH THE EXISTENCE OR USE OF THIS INTERNET SITE
AND/OR THE INFORMATION OR CONTENT POSTED ON THIS WEBSITE,
REGARDLESS OF WHETHER ABLATIVE SOLUTIONS HAS BEEN ADVISED AS TO
THE POSSIBILITY OF SUCH DAMAGES.
1.3
This website has been designed to provide general information about Ablative
Solutions. These pages are not intended to provide medical advice, nor do they provide
instruction on the appropriate use of products produced or supplied by Ablative Solutions, its
affiliates, related companies, or its licensors or joint venture partners. Access and use of this
website is at the user’s own risk and is subject to the terms and conditions set forth herein and all
applicable laws, statutes, and/or regulations. The devices described on this website are subject to
federal law governing the use and sale of such devices. The devices described on this website are
not approved for sale or clinical use in the United States. Nothing in this website is intended to
constitute a claim or indication for clinical uses of the devices described. The clinical indications
and recommended uses of the devices described on this website are limited solely and
exclusively to those expressly stated in the Indications for Use for such devices as approved by
federal regulatory authorities.
1.4
This website may contain forward-looking statements within the meaning of the
relevant sections of the Securities Act. The words “believes”, “anticipates”, “expects”, “plans”,
“intends” and similar expressions are intended to identify such forward-looking statements.
Forward-looking statements and statements of expectations, plans and intent are subject to a
number of risks and uncertainties. Ablative Solutions’ actual future results may differ materially
or adversely from those described in the forward-looking statements as a result of, among other
things, uncertainties and other matters described in this website, generally. Ablative Solutions
undertakes no obligation to release the results of any revisions to these forward-looking
statements that may be made to reflect any future events or circumstances. Ablative Solutions
cautions the reader, however, that the identified uncertainties and other cautionary language
contained herein may not be exhaustive.
II.
YOUR USE
You understand, acknowledge, and agree to the following:
2.1
By using this website, you agree not to disrupt or intercept our electronic
information posted on this website or on any of our servers. You also agree not to attempt to
circumvent any security features of the website, and to abide by all applicable local, state, federal
and international laws, rules and regulations.
2.2
Except as expressly stated and agreed upon in advance by Ablative Solutions, no
confidential relationship shall be established in the event that any user of this internet site should
make any oral, written or electronic communication to Ablative Solutions (such as feedback,
questions, comments, suggestions, ideas, etc.). If any Ablative Solutions website requires or
requests that such information be provided, and that such information contain personal
identifying information (e.g., name, address, phone number), Ablative Solutions shall obtain, use
and maintain it in a manner consistent with our Privacy Policy. Otherwise, such communication
and any information submitted therewith shall be considered non-confidential, and Ablative
Solutions shall be free to reproduce, publish or otherwise use such information for any purposes
whatsoever, including without limitation, the research, development, manufacture, use or sale of
products incorporating such information. The sender of any information to Ablative Solutions is
fully responsible for its content, including its truthfulness and accuracy and its non-infringement
of any other person's proprietary or privacy rights.
2.3
Any contents posted at this website and/or any email forwarded to this website,
including the contents thereof, by you shall be non-confidential, and shall become the property of
Ablative Solutions; and you thereby authorize Ablative Solutions to have unrestricted use
(including but not limited to copying, creating derivative works, distributing, disclosing and
disseminating) of the contents for any purpose and to claim full rights and interests (including
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intellectual property interests) in the contents (including but not limited to any concepts, ideas,
processes, techniques, know-how, methods, designs disclosed in the contents) for any purpose
whatsoever. You shall assume responsibility and ensure the truthfulness and accuracy of any
contents or communications sent to Ablative Solutions (whether via email or otherwise) as a
result of an interaction with this website. Notwithstanding the foregoing, personally identifiable
data provided electronically to this website is governed by this website’s Privacy Policy.
III.
INTELLECTUAL PROPERTY
The information, documents, and related graphics published on this website (the
“Information”) are the sole property of Ablative Solutions, except for information provided by
third-party providers under contract to Ablative Solutions, its subsidiaries or affiliates.
Permission to use the Information is granted, provided that: (i) Ablative Solutions’ copyright
notice appears on all copies; (ii) use of the Information is for informational and non-commercial
or personal use only; (iii) the Information is not modified in any way; and (iv) no graphics
available from this internet site are used separate from accompanying text. Ablative Solutions is
not responsible for content provided by third-party providers, and you are prohibited from
distribution of such material without permission of the owner of the copyright therein. Except as
permitted above, no license or right, express or implied, is granted to any person under any
patent, trademark or other proprietary right of Ablative Solutions.
IV.
LIMITATION OF LIABILITY
Ablative Solutions does not assume any liability for the information and opinions
provided on, posted to, or otherwise available through, this website. Reliance on such
information and opinions is solely at your own risk. Ablative Solutions disclaims any liability for
injury or damages resulting from the use of this website, or the content contained thereon.
THIS WEBSITE AND THE SITE CONTENT ARE PROVIDED ON AN “AS IS” AND
“AS AVAILABLE” BASIS, WITH ALL FAULTS. IN NO EVENT SHALL ABLATIVE
SOLUTIONS, OR ITS SUBSIDIARIES, AFFILIATES, VENDORS, OR THEIR RESPECTIVE
DIRECTORS, EMPLOYEES OR AGENTS (HEREINAFTER “ABLATIVE SOLUTIONS
PARTIES”) BE LIABLE FOR ANY DAMAGES OF ANY KIND, UNDER ANY LEGAL
THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY
TO USE, THIS WEBSITE, THE SITE CONTENT, ANY SERVICES PROVIDED ON OR
THROUGH THIS WEBSITE OR ANY LINKED SITE, INCLUDING ANY SPECIAL,
INDIRECT, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES,
INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, LOST PROFITS OR
DAMAGES RESULTING FROM DELAY, INTERRUPTION IN SERVICE, VIRUSES,
DELETION OF FILES OR ELECTRONIC COMMUNICATIONS, OR ERRORS, OMISSIONS
OR OTHER INACCURACIES IN THIS WEBSITE OR THE SITE CONTENT, WHETHER
OR NOT THERE IS NEGLIGENCE BY ABLATIVE SOLUTIONS AND WHETHER OR
NOT ABLATIVE SOLUTIONS HAS BEEN ADVISED OF THE POSSIBILITY OF ANY
SUCH DAMAGES. Some states do not allow the limitation of liability, so this provision may
not apply to you.
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PLEASE BE AWARE THAT ADDITIONAL LEGAL NOTICES, DISCLAIMERS,
AND OTHER TERMS AND CONDITIONS MAY APPLY TO THIS AND OTHER
WEBSITES OWNED OR OPERATED BY ABLATIVE SOLUTIONS, ITS
SUBSIDIARIES OR AFFILIATES.
V.
LINKS TO OTHER SITES
Certain links on this website may lead to resources located on servers that are not
maintained by Ablative Solutions or under its control. To the extent that this website contains
links to other internet sites, Ablative Solutions has no knowledge of the information contained in
such other sites, nor has Ablative Solutions ensured the accuracy of information presented at
such other sites. Accordingly, Ablative Solutions assumes no responsibility whatsoever for
information presented at such sites. In addition, the inclusion on this website of any link to
another website or any reference to any product or service is provided only as a convenience and
the inclusion of the link does not constitute or imply an endorsement or recommendation by
Ablative Solutions.
VI.
GENERAL
This website (excluding linked sites) is controlled by Ablative Solutions from its offices
within the state of New Jersey, United States of America. It can be accessed from all 50 states, as
well as from other countries around the world. As each of these places has laws that may differ
from those of New Jersey, by accessing this website both you and Ablative Solutions agree that
the statutes and laws of the state of New Jersey, without regard to the conflicts of laws principles
thereof, will apply to all matters relating to use of this website.
You and Ablative Solutions also agree and hereby submit to the exclusive personal
jurisdiction and venue of the state and federal courts sitting in the State of New Jersey with
respect to such matters. Ablative Solutions makes no representation that materials on this website
are appropriate or available for use in other locations, and accessing them from territories where
their contents are illegal is prohibited. Those who choose to access this website from other
locations are doing so on their own initiative and are responsible for compliance with local laws.
You shall adhere to US Export Administration Laws and Regulations.
You agree that these Terms and Conditions describe the entire agreement between
Ablative Solutions with respect to its subject matter. If a court of competent jurisdiction finds
that any provision of these Terms and Conditions is invalid or unenforceable, you agree that the
other provisions of these Terms and Conditions will remain in full force and effect. You agree
that regardless of any applicable law to the contrary, you cannot file a claim or cause of action
arising out of or related to this website or these Terms and Conditions more than one year after
such claim or cause of action arose.
ACTIVE.10712019.1
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