Legal Statement
LEGAL STATEMENT
This Website (the Site) is owned and operated by MicroPort Scientific Corporation ("MicroPort®"). Please carefully review these Terms of Use (Terms). By accessing or using this Site, you agree that you have read, understand, and agree to be bound to these Terms.
If you do not agree to abide by all of the provisions contained in these Terms (as they may be amended from time to time), you must not use or access the Site.
These Terms were last updated on September 12th, 2020. Please review the Terms each time you visit the Site. By using this Site, it means you accept the most recent version of the Terms.
COPYRIGHT NOTICE
The materials on this Site belongs or is licensed to us and protected by copyright, patents or other proprietary agreements and laws and you are only permitted to use such materials and contents as expressly authorized by MicroPort®, its affiliates or its licensors. Nothing contained herein transfers any right, title, or interest in the Site or the content to you.
Except as for your own personal and noncommercial use, you may not copy, email, download, reproduce, license, distribute, publish, quote, adapt, frame, mirror on another website, compile, link to others or display any content of this Site without the prior written approval or authorization by MicroPort® or its affiliates or subsidiaries.
All of the trademarks, service marks and logos displayed on this Site are registered and unregistered trademarks of MicroPort®, its affiliates or subsidiaries, or third parties who have licensed their trademarks to MicroPort® or one of its affiliates or subsidiaries. Any MicroPort® corporate logo or logos and trademarks for MicroPort® products are registered in China and/or in other countries and shall not be used by anybody without the prior written consent of MicroPort®. All rights not expressly granted are reserved by MicroPort® or its affiliates or subsidiaries. Please be advised that MicroPort® enforces its intellectual property rights to the fullest extent of the law.
USE OF WEBSITE
Non-commercial use of any content and services provided by this Site is permitted for the purpose of personal education and research (i.e. without making any profit or advertising), but such use shall abide by all applicable copyright and other related laws and regulations and it shall not infringe MicroPort®'s, its affiliates' or its subsidiaries’rights.
You may not use any content or services provided by this Site for unlawful, illegal, fraudulent, harmful, profit-making commercial or advertising purpose. Our business accepts no responsibility for any loss or harm incurred.
You may not change, publish, broadcast, reproduce, copy, alter, spread, present, display, link to others or use part or the full content or services provided by this Site before it is specifically authorized by either this Site or MicroPort®.
WEBSITE CONTENT
Much of the information on this Site relates to products and services offered by MicroPort® or its affiliates or subsidiaries. The materials on this Site are for your general educational information only and the information will not always be up to date. Information you read on this Site cannot replace the relationship that you have with your healthcare professional. MicroPort® does not practice medicine or provide medical services or advice and the information on this Site should not be considered medical advice. You should always talk to your healthcare professional for diagnosis and treatment.
MicroPort® or its affiliates or subsidiaries may also include certain information, reference guides and databases intended for use by licensed healthcare professionals. These tools are not intended to give professional medical advice.
DISCLAIMER
MicroPort® does not assume any liability as to the accuracy, up-to-date, completeness and accuracy of any content of this Site, nor to the consequence of using such content.
MicroPort® hereby disclaims any express or implied warranty or guarantee towards use of this Site, use of any content or services provided by, and/or information linked to this Site, or any website or information linked to this Site, including but not limited to merchantability, fitness for a particular purpose, or protection of the user’s rights.
MicroPort® does not accept responsibility relating to availability, errors occurred during the use of this Site, including but not limited to direct, indirect, punitive, incidental, special or consequential damages.
MicroPort® does not accept responsibility in relation to any decision made, or any action taken by anyone in reliance on any information obtained while entering into, browsing and using this Site. Neither will MicroPort® be responsible for any direct or indirect losses, nor punitive compensation to damages of any kind caused during entering into, browsing and using this Site, including but not limited to business interruption, data loss or loss of profit.
MicroPort® does not accept responsibility with respect to computer system crash and software, hardware, IT system affection, or property damage or loss caused by viruses or affected programs downloaded from this Site or any content of this Site.
The information posted at this Site relating to MicroPort®'s corporation information, products, and the relevant business may contain predictive statements, which may be of risk and uncertainty. Such statements are intended to indicate MicroPort®'s prediction about future development, which shall not be relied on as a guarantee for future business development and performance.
LIMITATION OF LIABILITY
You agree that neither MicroPort® nor any person or company associated with MicroPort® shall be liable for any damage resulting from your use or inability to use this Site or the materials on this Site. This protection covers claims based on warranty, contract, tort, strict liability, and any other legal theory. This protection covers MicroPort®, its affiliates, and its and its affiliates’officers, directors, employees, agents, and suppliers mentioned on this Site. 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.
INDEMNITY
You agree to indemnify, defend and hold MicroPort®, its parents, subsidiaries, affiliates, shareholders, directors, officers, employees and agents, harmless from any claim, demand, liability, expense, or loss, including reasonable attorneys' fees, made by any third party due to or arising out of, or in any way connected with your use of or access to the Site or your violation of these Terms.
RESERVATION OF RIGHTS
MicroPort® and/or MicroPort®'s affiliates and/or MicroPort®'s subsidiaries reserve all right to claim against any their damage caused by anyone because of a violation of this legal statement. MicroPort® and/or MicroPort®’s affiliates and/or MicroPort®'s subsidiaries reserve all rights to act against any breaching party in accordance with the applicable laws and regulation.
PRIVACY POLICY
All information submitted to the Site, including but not limited to personally identifiable information, is treated in accordance with the MicroPort® Privacy Policy.
LINKS TO OTHER SITES
Links contained herein take online users to other sites not under the control of MicroPort®. MicroPort® is not responsible for any damages caused by visiting such other linked websites though this Site. Use of such linked website should be subject to its terms and conditions and the applicable laws and regulations.
Any such links are provided solely for convenient purpose. No such link constitutes a use of such websites or recommendation of the products or services contained therein.
APPLICABLE LAW AND DISPUTE RESOLUTION
This Site and legal statement shall be governed by and construed in accordance with the laws of Hong Kong, without reference to its conflicts of law principles. All disputes in connection with or arising out of this Site and legal statement shall be submitted to the Hong Kong International Arbitration Centre for arbitration.
Any dispute arising out of or in connection with this Site shall first be settled amicably by the parties wherever practicable, without recourse to litigation. If such dispute cannot be resolved amicably within thirty (30) days after the receipt of notice about the existence of a dispute, then such dispute may be referred by any party to and finally settled by arbitration. The arbitration proceedings shall be conducted in the English language in Hong Kong at the Hong Kong International Arbitration Centre (“HKIAC”) in accordance with the then effective arbitration rules of HKIAC. There will be three arbitrators, among which the Party who submits the arbitration on the one hand, and the respondent on the other, shall each select one (1) arbitrator and the two arbitrators so selected shall select the third arbitrator. If the two arbitrators fail to select the third arbitrator within thirty (30) days, then such arbitrator shall be selected by the Chairman of HKIAC. The arbitration award shall be in writing and shall be final and binding upon the Parties. The seat of the arbitration shall be Hong Kong, and the arbitration shall be conducted in the English language. To the fullest extent permitted under any applicable law, the parties irrevocably exclude and agree not to exercise any right to refer points of law or to appeal to any court or other judicial authority. The arbitration fees (including attorney fees and other fees and costs in relation to the arbitration proceeding and enforcement of arbitral award) shall be borne by the losing party, unless otherwise decided by the arbitration tribunal.
CONTACT INFORMATION
If you have any legal related queries regarding the Terms or the Site, please contact MicroPort® at legal@microport.com.