EndoQuest does not offer advice or diagnoses, or engage in the practice of medicine. The Content appearing on the Site is presented exclusively for informational purposes. The Site is not a substitute for professional advice, diagnosis, or treatment and is offered for informational and communication purposes only. You will not rely on any statements made on this Site as though it were professional advice. The Site is not intended to be, and must not be taken to be, the practice of medicine, nursing, pharmacy or other healthcare advice by EndoQuest.
The Site is not meant to diagnose or treat any conditions - only your medical professional can determine the right course of treatment for you and determine what is safe, appropriate and effective based on your needs. Reliance on any information provided by EndoQuest or in connection with the Site is solely at your own risk. You are solely responsible for any decisions or actions you take based on the information and materials available through the Service.
The Site may provide selected information concerning diseases and their treatment. Such information is not intended or provided as advice. You acknowledge that although some Content may be provided by individuals in the medical profession, the provision of such Content does not create a professional/patient relationship between you and EndoQuest or between you and any other individual or entity, and does not constitute an opinion, advice, or diagnosis or treatment. Such information is not a substitute for the advice of a trained healthcare professional. If you have, or suspect that you have, any health problems or conditions you should consult a qualified healthcare provider. Healthcare providers should never withhold professional advice or delay in providing it because of something they have read in connection with our Site.
Except for changes by us as described here, no other amendment or modification of these Terms will be effective unless in writing and signed by both you and us.
At your election, you may send your resume and job materials to EndoQuest, request additional information about EndoQuest or subscribe to various information services concerning EndoQuest 's products, services and business. When you do so, the registration process may require you to provide certain information such as your name, company name, address, telephone number, email address, your preferred contact method and product markets of interest to you. EndoQuest may terminate your access to all or any part of the information services concerning EndoQuest at any time, with or without cause, with or without notice, effective immediately.
As part of the Site, you may receive communications through the Site, including messages that EndoQuest sends you (for example, via email).
Children's Online Privacy Protection Act
The Children's Online Privacy Protection Act ("COPPA") requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children who are under 13 years of age. We do not knowingly collect or solicit personally identifiable information from children who are under 13 years of age; if you are under 13 years of age, please do not attempt to register for or otherwise use the Site or send us any personal information. If we learn we have collected personal information from a child under 13 years of age, we will delete that information as quickly as possible. If you believe that a child under 13 years of age may have provided us personal information, please contact us at firstname.lastname@example.org.
You represent and warrant that you are an individual of legal age to form a binding contract (or if not, you have received your parent's or guardian's permission to use the Site and have gotten your parent or guardian to agree to these Terms on your behalf). If you are agreeing to these Terms on behalf of an organization or entity, you represent and warrant that you are authorized to agree to these Terms on that organization's or entity's behalf and bind them to these Terms (in which case, the references to "you" and "your" in these Terms, except for in this sentence, refer to that organization or entity).
EndoQuest has no obligation to monitor the Service or any use thereof. EndoQuest reserves the right at all times and without notice to monitor, review, retain or disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental (including law enforcement) request.
The Site may contain forward-looking statements and information relating to EndoQuest that are based on our beliefs as well as assumptions made and information currently available. The words "anticipate," "believe," "estimate," "expect," "intend," "will," and similar expressions, as they relate to EndoQuest or any of its products or services, are intended to identify forward-looking statements. Actual results could differ materially from any projections in such forward-looking statements. EndoQuest does not intend to update these forward-looking statements.
You represent, warrant, and agree that you will not contribute any User Submission (each of those terms is defined below) or otherwise use the Site or interact with the Site in a manner that:
A violation of any of the foregoing is grounds for termination of your right to use or access the Site or Service.
Any information or Content publicly posted or privately transmitted through the Site is the sole responsibility of the person from whom such Content originated, and you access all such information and Content at your own risk. EndoQuest is not liable for any errors or omissions in such information or Content or for any damages or loss you might suffer in connection with it. We cannot control and have no duty to take any action regarding how you may interpret and use the Content or what actions you may take as a result of having been exposed to the Content, and you hereby release us from all liability for you having acquired or not acquired Content through the Site.
You are responsible for all Content you contribute, in any manner, to the Site, and you represent and warrant you have all rights necessary to do so, in the manner in which you contribute it.
The Service may permit you to link to other websites, and other websites may contain links to the Site. These other websites are not under EndoQuest's control, and you acknowledge that EndoQuest is not responsible for the accuracy, legality, appropriateness or any other aspect of the content or function of such websites. The inclusion of any such link does not imply endorsement by EndoQuest or any association with its operators. When you access third-party websites or use third-party services, you accept that there are risks in doing so, and that EndoQuest is not responsible for such risks.
The materials displayed or performed or available on or through the Site or Service, including, but not limited to, text, graphics, data, articles, photos, images, illustrations and so forth are protected by copyright and/or other intellectual property laws. You agree that the Site, Content and all other aspects of the Service may be protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. Except as expressly authorized by EndoQuest in writing, you agree not to sell, license, rent, modify, distribute, copy, reproduce, commercialize, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from the Service, or exploit for any purpose any Content not owned by you. However, you may print or download one copy of the Content for your personal or internal business purposes; provided, that you retain all copyright and other proprietary notices contained therein and remember that even where these functionalities exist, all the restrictions in this section still apply.
Provisions that, by their nature, should survive termination of these Terms will survive termination, including without limitation, : any obligation you have to indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights, terms regarding disputes between us, including without limitation the arbitration agreement.
EndoQuest and its licensors, suppliers, partners, parent, subsidiaries or affiliated entities, and each of their respective officers, directors, members, employees, consultants, contract employees, representatives and agents, and each of their respective successors and assigns (EndoQuest and all such parties together, the "EndoQuest Parties") make no representations or warranties concerning the Site or Service, including without limitation regarding any Content contained in or accessed through the Site, and the EndoQuest Parties will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Site or any claims, actions, suits procedures, costs, expenses, damages or liabilities arising out of use of the Site or Service. The EndoQuest Parties make no representations or warranties regarding suggestions or recommendations of services or products offered through or in connection with the Site. THE SITE, CONTENT AND SERVICE ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. THE ENDOQUEST PARTIES DO NOT WARRANT THAT: (A) THE SERVICE WILL BE TIMELY, ACCURATE, COMPLETE, RELIABLE OR CORRECT; (B) THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (C) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (D) THE SERVICE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (E) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICE IS SOLELY AT YOUR OWN RISK.
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL ANY OF THE ENDOQUEST PARTIES BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, (B) ANY SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY, (C) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) ONE-HUNDRED ($100) DOLLARS OR (II) THE AMOUNTS PAID AND/OR PAYABLE BY YOU TO ENDOQUEST IN CONNECTION WITH THE SITE IN THE TWELVE (12) MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM OR (D) ANY MATTER BEYOND OUR REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL OR CERTAIN OTHER DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.
You agree to defend, indemnify, and hold harmless The EndoQuest Parties from and against all liabilities, claims, damages (actual and consequential), losses and expenses (including reasonable attorneys' fees) arising from or in any way related to any claims relating to (a) your use or misuse of the Service, and (b) your violation of these Terms. EndoQuest reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with EndoQuest in asserting any available defenses.
The Rules will govern payment of all arbitration fees. EndoQuest will not seek its attorneys' fees and costs in arbitration unless the arbitrator determines that your claim is frivolous.
If this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor EndoQuest is entitled to arbitration; instead all claims and disputes will be resolved in a court as set forth below.
You have the right to opt out of the provisions of this Section by sending written notice of your decision to opt out to the following address: EndoQuest Robotics, Inc., Attn: Info, 9310 Kirby Drive, Suite 100, Houston, TX 77054, postmarked within 30 days of first accepting these Terms. You must include (i) your name and residence address, (ii) the email address and/or telephone number associated with your account, and (iii) a clear statement that you want to opt out of these Terms' arbitration agreement.
If you send the opt-out notice, and/or in any circumstances where the foregoing arbitration agreement permits either you or EndoQuest to litigate any dispute arising out of or relating to the subject matter of these Terms in court, then the foregoing arbitration agreement will not apply to either party, and both you and EndoQuest agree that any judicial proceeding (other than small claims actions) will be brought in the state or federal courts located in Houston, Texas.
If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration Agreement section will be null and void. This arbitration agreement will survive the termination of your relationship with EndoQuest.
EndoQuest makes no representation that the Service is appropriate or available for use in locations outside the United States, and accessing the Service is prohibited from territories where doing so would be illegal. If you access the Service from other locations, you do so at your own initiative and are responsible for compliance with local laws. If you have reason to believe that accessing the Service is prohibited in your territory, please do not use the Service.
EndoQuest Robotics, Inc.
9310 Kirby Drive, Suite 100, Houston, TX 77054 or
The ELS System is under development, has not been cleared by the FDA and is not for commercial sale in the United States.