Telephone: +1 (307) 637-5711
Address: Vestibular Technologies, LLC
205 Rd. 128A Ste, 200
Cheyenne WY 82007-1831
U.S.A.
Attn.: Webmaster
1.1 The Website (all Vestibular Technologies, LLC's websites may hereafter be referred to, both individually and collectively, as "The Website") from which you accessed this agreement is provided to you subject to the conditions listed below. Vestibular Technologies is the name we use to refer to our business. When we use the words we or our, we mean Vestibular Technologies, LLC. We also operate other websites, and these Terms of Use also apply to our other websites. By visiting or using (in any manner) The Website you accept the latest version of these terms and conditions ("Terms"). Please read them carefully.
1.2 CALL 911 FOR AN EMERGENCY. THE WEBSITE DOES NOT PROVIDE MEDICAL ADVICE. IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL YOUR DOCTOR OR 911 IMMEDIATELY.
1.3 If you do not accept these terms, do not use The Website.
1.4 The Website is owned and maintained by Vestibular Technologies, LLC, whose main office is at:
205 Rd. 128A Ste. 200
Cheyenne WY 82007-1831
U.S.A.
1.5 We may revise these Terms at any time by updating this posting. You should visit this page periodically to review these Terms as they are binding on you. Your continued use of The Website indicates your agreement to all such revised Terms. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages of The Website.
1.6 Any Non-Human Visitors to The Website shall be considered agents of the individual(s) who controls, authors or otherwise makes use of them. These individuals shall ultimately be responsible for the behavior of their Non-Human Visitor agents and are liable for violations of the Terms of Service.
2.1 Much of the information on The Website relates to products and services offered by Vestibular Technologies, LLC. The materials on The Website are for your general educational information only. Information you read on The Website cannot replace the relationship that you have with your healthcare professional. Vestibular Technologies, LLC does not practice medicine or provide medical services or advice, and the information on The Website should not be considered medical advice. You should always talk to your healthcare professional for diagnosis and treatment. Health information changes quickly. Therefore, it is always best to confirm information with your healthcare professional. The Website contains information about products and medical devices approved and cleared for sale in the United States. If you live outside the U.S., you may see information on The Website about products that are not approved, cleared for sale or marketed in your country.
3.1 The materials and content on The Website belong to or are licensed to Vestibular Technologies, LLC. You do not claim intellectual property right or exclusive ownership to any of our content, products or services, whether modified or unmodified. The materials and content are protected by United States and foreign trademark and copyright laws. There are some important rules about copying, in part on their entirety, these materials or content. You may e-mail, download, or print copies of the materials or content on The Website, but only for your personal, noncommercial use, provided that the Vestibular Technologies, LLC's status (and any identified contributor's status) as authors of the Material is acknowledged, and you retain all copyright and other proprietary notices contained in the original materials on any copies of the materials. you must also include all trademark, copyright and other notices that are in the materials or content, including the copyright notice on the bottom of the page. We also own the names we use for our products and services on The Website, and these names are protected by United States and foreign trademark laws. A ® following an item indicates that it is registered trademark. A ™ indicates that it is trademark that is unregistered but that is being claimed. All trademarks are the property of their respective owners. There may be special rules for the use of materials or content provided on certain parts of The Website. These special rules will be posted near the materials or content they apply to. If you use the materials, content or trademarks on The Website in a way that is not clearly allowed by these Terms of Use, you are violating your agreement with us and may be violating copyright, trademark, and other laws. In that case, we automatically revoke your permission to use The Website. Title to the materials and content remains with us or with the authors of the materials contained on The Website. All rights not expressly granted are reserved.
4.1 You are hereby granted a non-exclusive, limited, and revocable license to link to full pages or documents of The Website. YOU ARE NOT ALLOWED TO LINK TO SPECIFIC RESOURCES SUCH AS IMAGES, ICONS OR VIDEOS. EXCEPT WITH OUR SPECIFIC WRITTEN PERMISSION, HOTLINKING IS NOT ALLOWED. Vestibular Technologies, LLC reserves the right to revoke this license generally, or your right to use specific links, at any time. If we revoke this license, you agree to remove and disable any and all of your links to The Website immediately. Anyone linking to The Website must comply with the following guidelines and all applicable laws. If you would like to link to The Website, please read and comply with the following guidelines:
4.2 A site that links to The Website:
5.1 The Website may contain links to websites not operated by Vestibular Technologies, LLC. We provide these links for your convenience, but we do not review, control, or monitor the materials on any other websites. Those websites may contain information about uses of Vestibular Technologies, LLC products or therapies that have not been approved in the United States. We do not control or endorse this type of information. We are not responsible for the performance of those websites or for your business dealings with them. Your use of other websites is subject to the terms of use of those websites, including the privacy policies of those websites.
6.1 Special restrictions on a visitor's license to access The Website apply to Non-Human Visitors. Non-Human Visitors include, but are not limited to, web spiders, bots, indexers, robots, crawlers, harvesters, or any other computer programs designed to access, read, compile or gather content from The Website automatically. Non-Human Visitors are restricted from taxing the resources of The Website beyond what would be typical of a human visitor.
6.2 Furthermore, as specified by the "no-email-collection" flag in the header pages within The Website and/or the contents of the robots.txt file of The Website, email addresses on The Website are considered proprietary intellectual property of the author of The Website. It is recognized that these email addresses are provided for human visitors alone, and have value in part because they are accessible only to said human visitors. By continuing to access The Website, you acknowledge and agree that each email address The Website contains has a value not less than US $1000 derived from their relative secrecy. You further agree that the compilation, storage, and potential distribution of these addresses by Non-Human Visitors substantially diminish the value of these addresses. Intentional collection, harvesting, gathering, or storing email addresses by Non-Human Visitors is recognized under this agreement as a violation of this agreement and expressly prohibited.
7.1 While we are pleased to receive feedback, comments and ideas from visitors to The Website, we want you to understand that any information that you submit through The Website will be considered non-personal, non-confidential, and non-proprietary other than personal information, as that term is defined in our Privacy Policy. If you transmit any ideas, information, concepts, know-how or techniques or materials to us through The Website, you hereby grant us an unrestricted, royalty-free, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute them in any medium, and agree that we are free to use them for any purpose.
8.1 The access rights granted to you under the Terms Of Use are non-transferable without the express written permission of Vestibular Technologies, LLC. You are responsible for the actions of any other person who may utilize your access rights on The Website.
9.1 ALL CONTENT ON THE WEBSITE IS PROVIDED TO YOU ON AN "AS IS," "AS AVAILABLE" BASIS. VESTIBULAR TECHNOLOGIES, LLC HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
9.2 WE MAKE NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, CURRENCY, OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH THE WEBSITE. WE MAKE NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ARE SOLELY RESPONSIBLE FOR TAKING ALL PRECAUTIONS NECESSARY TO ENSURE THAT ANY CONTENT YOU MAY OBTAIN FROM THE WEBSITE IS FREE OF VIRUSES AND ANY OTHER POTENTIALLY DESTRUCTIVE COMPUTER CODE.
9.3 Note: Some jurisdictions do not allow limitations on implied warranties, so one or more of the above limitations may not apply to you.
10.1 YOU AGREE THAT NEITHER VESTIBULAR TECHNOLOGIES, LLC, NOR ANY PERSON OR COMPANY ASSOCIATED WITH IT SHALL BE LIABLE FOR ANY DAMAGE RESULTING FROM YOUR USE OR INABILITY TO USE THE WEBSITE OR THE MATERIALS ON THE WEBSITE. THIS PROTECTION COVERS CLAIMS BASED ON WARRANTY, CONTRACT, TORT, STRICT LIABILITY, AND ANY OTHER LEGAL THEORY.
10.2 THIS PROTECTION COVERS VESTIBULAR TECHNOLOGIES, LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND SUPPLIERS MENTIONED ON THE WEBSITE. THIS PROTECTION COVERS ALL LOSSES INCLUDING, WITHOUT LIMITATION, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, AND PUNITIVE DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION. THE TOTAL LIABILITY OF VESTIBULAR TECHNOLOGIES, LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, IF ANY, FOR LOSSES OR DAMAGES SHALL BE LIMITED TO THE AMOUNT OF YOUR ACTUAL DAMAGES, NOT TO EXCEED U.S. $ 100.00. THE LIMIT OF LIABILITY MAY NOT BE EFFECTIVE IN SOME JURISDICTIONS. IN NO EVENT SHALL VESTIBULAR TECHNOLOGIES, LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SUPPLIERS BE LIABLE TO YOU FOR ANY LOSSES OR DAMAGES OTHER THAN THE AMOUNT DESCRIBED ABOVE.
10.3 ALL OTHER DAMAGES, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE, RESULTING FROM ANY USE OF THE WEBSITE OR MATERIALS ARE EXCLUDED EVEN IF VESTIBULAR TECHNOLOGIES, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
11.1 If you download any software from this Site ("Software"), use of the Software is subject to the license terms in the Software License Agreement that accompanies or is provided with the Software. You may not distribute the Software. You may not install the Software until you have read and accepted the terms of the Software License Agreement.
12.1 In addition to the rules in these Terms of Use and the Privacy Policy, you may be subject to additional terms that may apply when you access particular services or materials on certain areas of The Website, such as when you purchase enhanced services, or by following a link from The Website. Please read our Privacy Policy to learn how we protect and use information that we gather through The Website. Your obligations under this section and the sections called "Your Feedback", "No Warranties" and "Limitation of Liability" will survive termination of these Terms of Use. If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition. If you violate these Terms of Use or the Privacy Policy in a way that causes harm to others, you agree to hold Vestibular Technologies, LLC harmless against any liability for that harm.
13.1 Each party agrees that any suit, action or proceeding brought by such party against the other in connection with or arising from the Terms of Service ("Judicial Action") shall be governed by the law of the State of Wyoming, U.S.A. which is the state of residence of the registered Administrative Contact (the "Admin State") for The Website as such laws are applied to agreements between Admin State residents entered into and performed entirely within the Admin State. The visitor to The Website consents to the jurisdiction of federal and state courts within the Admin State. The visitor to The Website consents to the venue in any action brought against him in connection with breaches of these Terms of Service. The visitor further agree and consent to the exercise of personal jurisdiction in these courts in connection with any dispute involving Vestibular Technologies, LLC or its affiliates, employees, officers, directors, agents, or suppliers. These Terms of Use are governed by the internal substantive laws of the State of Wyoming, without respect to its conflict of laws principles, and the federal laws of the United States. The visitor to The Website consents to electronic service of process regarding actions under the above agreement.
14.1 As a visitor to The Website, you consent to having your Internet Protocol address recorded. An email address may appear immediately below (the "Identifier") if we suspect potential abuse. The Identifier is uniquely matched to your Internet Protocol address. Visitors agree not to use this address for any reason.
14.2 VISITORS AGREE THAT HARVESTING, GATHERING, STORING, TRANSFERRING TO A THIRD PARTY OR SENDING ANY MESSAGE(S) TO THE IDENTIFIER CONSTITUTES AN ACCEPTANCE AND SUBSEQUENT BREACH OF THESE TERMS OF SERVICE.
15.1 Vestibular Technologies, LLC may deliver notice to you by electronic mail, or by a general notice on The Website, or by written communication delivered by First Class U.S. Mail to your address on record with us. You may deliver notice to Vestibular Technologies, LLC by using this contact information.
16.1 Vestibular Technologies welcomes any queries, comments or requests you may have regarding these Terms. Please contact Vestibular Technologies:
Email:
Telephone: +1 (307) 637-5711
Address: Vestibular Technologies, LLC
205 Rd. 128A Ste, 200
Cheyenne WY 82007-1831
U.S.A.
Attn.: Webmaster
17.1 Government users will receive no greater than Restricted Rights as defined in FAR 52.227-19 (c) (1-2) (June 1987). Government users will receive no greater Limited Rights as defined in FAR 52.227-14 (June 1987) or DFAR 252.227-7015 (b) (2) (November 1995), as applicable in any technical data at The Website.
