Terms of Use

Effective Date: May 22, 2023

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING OUR WEBSITE.

CALL 911 FOR AN EMERGENCY.

THIS WEBSITE DOES NOT PROVIDE MEDICAL ADVICE. IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL YOUR DOCTOR OR 911 IMMEDIATELY.

Introduction and Acceptance of Terms and Conditions

The following terms and conditions (“Terms and Conditions”) govern your access to and use of the website owned and operated by Sequel Med Tech, LLC, at www.sequelmedtech.com or its successor website (the “Website”). In these Terms and Conditions, “we”, “our”, “us”, and “Sequel” refer to Sequel Med Tech, LLC. The terms “you” and “yours” refer to the person using the Website.

By using the Website, you accept and agree to be bound and abide by these Terms and Conditions. If you do not agree to the Terms and Conditions, you must not access or use the Website. Capitalized terms used but not defined in these Terms and Conditions have the meaning given to them in our Privacy Notice.

The Website is owned and controlled by Sequel and is operated with the assistance of certain third parties.

Website

Some content on this Website relates to products and services offered by Sequel, however the information and resources made available through the Website are for general informational purposes only, and are not a substitute for assessment, diagnosis, and/or treatment by qualified healthcare professionals, nor are they an indicator of specific results. Sequel does practice medicine and does not provide any medical or healthcare services, including via the Website. Your use of the Website does not create or imply any type of patient-physician relationship between you and Sequel. The information you read on the Website cannot replace the relationship that you have with your healthcare professional. 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 and it is always best to confirm information with your healthcare professional.

Eligibility and Availability

In order to access the Website, the following must be true:

You are at least 18 years of age or older.
You agree to be legally bound by and comply with these Terms and Conditions.

If you do not meet all of these requirements, you must not access or use the Website. In addition to the above requirements, Sequel reserves the right to change or include new requirements as deemed appropriate in their sole discretion without providing prior notice to you.

Sequel is based in the United States. We provide the Website for use only by persons located in the United States. The Website contains information about products and therapies approved and cleared for use in the United States. If you live outside the U.S., you may see information on the Website about products or therapies that are not approved or marketed in your country. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Changes to the Terms and Conditions

We may revise and update these Terms and Conditions from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Website thereafter. Your continued use or re-visitation of the Website following the posting of revised Terms and Conditions means that you accept and agree to the changes. The Website is continually under development, and we reserve the right to revise or remove any part of the Terms and Conditions or the Website in our sole discretion at any time and without prior notice to you. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

Accessing the Website

We reserve the right to discontinue the Website, and any material we provide on the Website, in our sole discretion without notice. We will not be liable if, for any reason, all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website or the entirety of the Website.

You agree that all information you provide to the Website is governed by our Privacy Notice and you consent to all actions we take with respect to your information consistent with our Privacy Notice.

Intellectual Property Rights

The Website and the entirety of its contents, features and functionality (including, but not limited to, all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned, controlled or licensed by us, our licensors, suppliers or affiliates, or by other third parties who have licensed their materials to us and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. No right, title or interest in or to the Website or any content on the Website is transferred to you, and we reserve all rights not expressly granted herein. Any use of the Website not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark and other laws.

The Sequel names and logos and all product and service names, brand colors, design marks and slogans are the trademarks or service marks of Sequel. No trademark or service mark license is granted in connection with the materials contained on the Website. Access to the Website does not authorize anyone to use any name, logo, or mark in any manner.

Any feedback or information that you submit through to us or 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 Notice). If you transmit any ideas, information, concepts, know-how or techniques or materials to us through this Website, you hereby grant Sequel an unrestricted, royalty-free, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute them in any medium, and agree that Sequel is free to use them for any purpose.

Prohibited Uses

You may use the Website only for lawful purposes and in accordance with these Terms and Conditions. You will comply with all applicable laws, including any and all laws in your relevant states and localities, pertaining to your use of the Website.

You agree not to use the Website:

In any way that violates any applicable federal, state, local or international law or regulation.
To impersonate or attempt to impersonate us, our employees, another Website user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).
To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm us or other users of the Website or expose them to liability.

Additionally, you agree not to:

Use the Website to provide us with any medical or health information about yourself or others, including without limitation any protected health information as defined under applicable law or any other confidential, personal or proprietary information.
Use the Website to collect, or attempt to collect, personal information about other users of the Website.
Use the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other user’s use of the Website, including his or her ability to engage in real time activities through the Website.
Use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.
Use any device, software or routine that interferes with the proper working of the Website.
Introduce any viruses, Trojan horses, worms, logic bombs, keystroke logging, or other material which is malicious or technologically harmful.
Attempt to gain unauthorized access to, interfere with, damage or disrupt any part of the Website, the server(s) on which the Website is stored, or any server, computer or database connected to the Website.
Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
Otherwise attempt to interfere with the proper working of the Website.

Reliance on Information Posted

The Website may include content provided by third parties, including links to other sites and resources provided by third parties, the links are provided for your convenience only. This includes links contained in advertisements. All statements and/or opinions expressed in these materials, and responses to questions and other content, other than the content we provide, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect our opinion. The availability of any third-party site or resource through the Website does not imply our endorsement of or our affiliation with any provider of such third-party site or resource. We are not responsible, or liable to you or any third party, for the availability, content or accuracy of any materials provided by any third parties. If you decide to access any third-party site or resource linked to the Website, you do so at your own risk and subject to the terms and conditions of use for such site or resource.

Access, Correction, and Data Integrity

Although we attempt to maintain the integrity and accuracy of the information on the Website, we make no guarantees as to its correctness, completeness, or accuracy. The Website may contain typographical errors, inaccuracies, or other errors or omissions. If you believe that information found on the Website is inaccurate or unauthorized, please inform us by contacting us at the contact details provided below.

Electronic Communications

By providing your e-mail address, you are agreeing to be contacted by or on behalf of Sequel to receive marketing-related information and other operational services. These communications may not be secure. Unsecured communications pose a risk to the confidentiality and privacy of information being sent because they might be intercepted by a third party. You can opt out of receiving one of our e-mails by following the instructions for unsubscribing contained in the e-mails. Please allow us thirty (30) days from when the request was received to complete the removal. Please note that even if you unsubscribe from commercial e-mail messages, we may still e-mail you non-commercial (transactional) e-mails.

Disclaimer of Warranties

YOU ACKNOWLEDGE AND AGREE THAT NEITHER SEQUEL NOR THE WEBSITE OFFERS MEDICAL ADVICE. USE OF THE WEBSITE IS SOLELY AT YOUR OWN RISK AND SEQUEL IS NOT RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY KIND THAT MAY RESULT FROM YOUR USE OF THE WEBSITE OR RELIANCE ON ANY CONTENT MADE AVAILABLE TO YOU THROUGH THE WEBSITE.

YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AT YOUR OWN RISK, AND WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER WE NOR ANY OF OUR PARTNERS OR AFFILIATES, MAKE ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, CURRENCY, ACCURACY, AVAILABILITY OR OPERATION OF THE WEBSITE, THE INFORMATION OR CONTENT INCLUDED THEREON OR ANY COMMUNICATIONS BETWEEN YOU AND SEQUEL INITIATED VIA THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER WE NOR ANYONE ASSOCIATED WITH US REPRESENT OR WARRANT THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OFFERED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE, OUR (AND OUR SERVICE PROVIDERS’) SERVERS, THE CONTENT, OR COMMUNICATIONS SENT FROM OR ON BEHALF OF US ARE FREE OF SCRIPT VIRUSES, TROJAN HORSES, WORMS, MALWARE, TIME BOMBS OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS, EXPECTATIONS, OR REQUIREMENTS OR ACHIEVE ANY INTENDED RESULTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE WEBSITE WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, WE, ON OUR OWN BEHALF AND ON BEHALF OF OUR AFFILIATES AND OUR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, OPERABILITY, CONDITION, QUIET ENJOYMENT, VALUE, ACCURACY OF DATA AND SYSTEM INTEGRATION, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OR TRADE PRACTICE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OF THESE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

Indemnification

You agree to indemnify and hold harmless Sequel, its affiliates, its licensors, and its services providers from and against any and all claims and expenses, including attorneys’ fees, whether made by you, or on your behalf, or by any third party arising out of your use of or access to the Website, including but not limited to claims arising out of (i) your violation of these Terms and Conditions; (ii) your violation of any third-party right including any copyright, trademark, trade secret, or privacy right; (iii) any misrepresentation made by you; and (iv) use of your information provided to Sequel. You agree to promptly notify Sequel and cooperate fully with Sequel in the defense of any claim. Sequel reserves the right to assume the exclusive defense and control of any claim indemnified under this section by you.

Limitation on Liability

IN NO EVENT WILL WE, OUR AFFILIATES OR OUR RESPECTIVE LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON SUCH OTHER WEBSITES OR ANY OTHER ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, PROPERTY DAMAGE, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, BUSINESS INTERRUPTION, LOSS OF USE, LOSS OF GOODWILL, LOSS OR CORRUPTION OF DATA, COST OF SUBSTITUTE GOODS OR SERVICES, OR COMPUTER FAILURE OR MALFUNCTION.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL LIABILITY OF SEQUEL OR OUR AFFILIATES OR ANY OF OUR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, 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. IN NO EVENT WILL HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE WEBSITE FOR ANY ACTION YOU TAKE BASED ON THE INFORMATION YOU RECEIVE IN, THROUGH, OR FROM THE WEBSITE.

THESE LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER THEORY OR CAUSE OF ACTION AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEBSITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE WEBSITE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE § 1542, WHICH SAYS: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR. IF YOU ARE A RESIDENT OF A STATE WITH PROTECTIONS SIMILAR TO CALIFORNIA CIVIL CODE § 1542, YOU HEREBY WAIVE SUCH PROVISIONS OR PROTECTIONS.

Termination

We may terminate your use of the Website for any or no reason at any time. YOU AGREE THAT WE WILL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY TERMINATION OF YOUR ACCESS TO THE WEBSITE.

Miscellaneous

Governing Law and Jurisdiction

All matters relating to the Website and these Terms and Conditions and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of the State of Delaware regardless of where you access the Website, and notwithstanding any conflicts of law principles.

Entire Agreement

These Terms and Conditions and our Privacy Notice constitute the entire agreement between you and us with respect to the Website and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect thereto. No failure to exercise, and no delay in exercising, on the part of you or us, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. In the event of a conflict between these Terms and Conditions and any other terms, the terms of these Terms and Conditions shall govern. If any provision of these Terms and Conditions is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve, as closely as possible, the effect of the original term and all other provisions of these Terms and Conditions will continue in full force and effect. The headings of sections and paragraphs in these Terms and Conditions are for convenience only and shall not affect its interpretation.

Your Comments and Concerns

The Website is operated by Sequel. All feedback, comments, requests for technical support and other communications relating to the Website should be directed to hello@sequelmedtech.com.

Thank you for using our Website.