Applied Medical Technology, Inc.

Explantexpresss.com - TERMS AND CONDITIONS OF USE

Effective: May 15th, 2024

Welcome to Explantexpress.com (“Website”). The Website is maintained as a service to our customers. By using the Website, you agree to comply with and be bound by the following Terms and Conditions of Use (“Terms”). Please review these Terms carefully. Should you not agree with the Terms, you should not use the Website. The Terms may be modified at any time by AMT (defined below) upon posting of the modified Terms. Any such modification shall be effective immediately.

Ownership. All content included on the Website is and shall continue to be the property of Applied Medical Technology, Inc. (“AMT”) or its content suppliers and is protected under applicable copyright, patent, trademark, and other proprietary rights. Any copying, redistribution, use, or publication by you of any such content or any part of the Website is prohibited, except as expressly permitted by the Terms. Under no circumstances will you acquire any ownership rights or other interest in any content by or through your use of this Website.

Privacy. Your visit to our site is also governed by our Privacy Policy. Please review our Privacy Policy.

Intended Audience. This Website is intended for adults only. This Website is not intended for any children under the age of thirteen (13).

Trademarks. Any trademarks registered to AMT in use on this Website are the sole property of AMT, with the exception of any use of a trademark relating to product or property not owned by AMT. Such product or property may be trademarks of their respective owners.

Site Use. AMT grants you a limited, revocable, nonexclusive license to use the Website solely for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. You agree not to copy or reverse engineer materials on the Website, or use materials, products, or services in violation of any law. The use of the Website is at the discretion of AMT and AMT may terminate your use of this Website at any time. Breaking into the Website is also strictly prohibited.

Compliance with Laws. You agree to comply with all applicable laws regarding your use of the Website. You further agree that information provided by you is truthful and accurate to the best of your ability, and in line with your understanding and acceptance of our Privacy Policy.

Indemnification. You agree to indemnify, defend, and hold AMT harmless and our partners, employees, and affiliates, harmless from any liability, loss, claim, and expense, including reasonable attorney’s fees, related to your violation of this Agreement or use of the Website.

Disclaimer. THE INFORMATION ON THIS WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOU AGREE THAT USE OF THIS WEBSITE IS AT YOUR SOLE RISK. AMT DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE EXTENT YOUR JURISDICTION DOES NOT ALLOW LIMITATIONS ON WARRANTIES, THIS LIMITATION MAY NOT APPLY TO YOU. YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE WEBSITE SHALL BE TO DISCONTINUE USING THE WEBSITE.

THIS WEBSITE DOES NOT PROVIDE MEDICAL ADVICE. SHOULD YOU HAVE ANY QUESTIONS REGARDING YOUR MEDICAL CONDITION AND/OR THE USE OF THE CONTENTS OF THIS WEBSITE, PLEASE CONSULT A PHYSICIAN. THIS WEBSITE SHOULD BE USED FOR GENERAL EDUCATIONAL INFORMATION ONLY. COMPLETE INFORMATION REGARDING AMT’S PRODUCTS IS INCLUDED AS A PACKAGE INSERT WITH THE PRODUCTS WHEN THEY ARE SHIPPED.

THE WEBSITE MAY PROVIDE LINKS OR REFERENCES TO OTHER SITES BUT THE OWNERS OF THIS WEBSITE HAVE NO RESPONSIBILITY FOR THE CONTENT OF SUCH OTHER SITES AND SHALL NOT BE LIABLE FOR ANY DAMAGES OR INJURY ARISING FROM THAT CONTENT.

Limitation of Liability. UNDER NO CIRCUMSTANCES WILL AMT BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO THE WEBSITE, YOUR USE OF THE WEBSITE, OR THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITE AND/OR CONTENT IS TO CEASE ALL OF YOUR USE OF THE WEBSITE.

You may have additional rights under certain laws (including consumer laws) which do not allow the exclusion of implied warranties, or the exclusion or limitation of certain damages. If these laws apply to you, the exclusions or limitations in these Terms that directly conflict with such laws may not apply to you.

Use of Information. AMT reserves the right, and you authorize us, to use and assign all information regarding Website use by you and all information provided by you in any manner consistent with our Privacy Policy.

Copyrights and Copyright Agent. If you believe your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have otherwise been violated, please provide a notice containing all of the following information to AMT Legal.

(a) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

(b) A description of the copyrighted work that you claim has been infringed;

(c) A description of where the material that you claim is infringing is located on the Website;

(d) Your address, telephone number, and e-mail address;

(e) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

(f) A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

AMT Legal:

By Mail:

Attn: AMT Legal

8006 Katherine Boulevard

Brecksville, Ohio 44141

Submission of a notice in line with provision does not constitute acceptance of the claim.

Applicable Law. You agree that the laws of the State of Ohio, without regard to conflict of laws provisions, will govern these Terms and any dispute that may arise between you and AMT or its affiliates.

Severability. If any provision of this Agreement shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect.

Waiver. The failure of AMT to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. Any waiver of this Agreement by AMT must be in writing and signed by an authorized representative of AMT.

Termination. AMT may terminate these Terms at any time, with or without notice, for any reason.

Relationship of the Parties. Nothing contained in these Terms or your use of the Website shall be construed to constitute either party as a partner, joint venturer, employee, or agent of the other party, nor shall either party hold itself out as such. Neither party has any right or authority to incur, assume, or create, in writing or otherwise, any warranty, liability, or other obligation of any kind, express, or implied, in the name of or on behalf of the other party, it being intended by both parties that each shall remain independent contractors responsible for its own actions.

Entire Agreement. These Terms constitute the entire agreement between you and AMT and governs the terms and conditions of your use of the Website, and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and AMT with respect to this Website. Notwithstanding the foregoing, you may also be subject to additional terms and conditions, posted policies (including but not limited to our Privacy Policy), guidelines, or rules that may apply when you use the Website. AMT may revise these Terms and review the Terms periodically to determine if any changes have been made. Your continued use of this Website after any changes have been made to the Terms signifies and confirms your acceptance of any such changes or amendments to the Terms.

Contact Information.

Applied Medical Technology, Inc.

8006 Katherine Boulevard

Brecksville, Ohio 44141

Phone: 440-717-4000