Agreement between user and FemPulse GmbH
Welcome to the FemPulse website! This FemPulse website (the “Website”) contains several sub-sites administered by FemPulse GmbH (“FemPulse”). The Site is provided to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). By using this website, you agree to all of these terms. Please read these terms carefully and keep a copy for your reference.
No medical advice
You agree that the content of this website is provided for informational and educational purposes only and is in no way intended as a substitute for professional medical advice. You understand that FemPulse Medical Devices are not yet approved for sale or study in the European Union or elsewhere, and that FemPulse makes no representations regarding FemPulse Medical Devices. The website is intended for use by licensed healthcare professionals. Such healthcare professionals should always use their own clinical judgment in any medical situation. This website is not intended to replace advice from health care providers or other diagnosis or treatment. All decisions about patient care should be made with a qualified health care provider and should include the patient’s specific situation. You agree not to delay seeking professional medical advice or disregard such advice based on this website. If a medical emergency occurs, you should contact a health care professional or call 911. You agree to use this website entirely at your own risk.
You accept that this website may contain images and text related to human anatomy and diseases such as incontinence. The inclusion of such images and text on this website is for informational and educational purposes only.
Visiting this website or sending e-mails to FemPulse constitutes electronic communication. You agree to receive electronic communications and that all agreements, notices, disclosures and other communications that we provide to you electronically, by email and on the Site all comply with the legal requirement that such be in writing.
This website may offer you the opportunity to set up an account and password. If you use this Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. Furthermore, you agree that you are responsible for all activities that occur under your account and password. You may not assign or otherwise transfer your account to any other person or entity. You accept that FemPulse is not responsible for third party access to your account as a result of theft or misuse of your account. FemPulse and its associates reserve the right to refuse or cancel service, terminate accounts, and remove or edit content in their sole discretion.
FemPulse does not knowingly collect personal information from persons under the age of 18, either online or offline. If you are under the age of 18, you may use this website only with the permission of your parent or guardian.
Links to third party websites and services
No illegal or unauthorized use/intellectual property
All content included on this Site, such as text, graphics, logos, images, as well as the compilation thereof and software used on the Site (collectively, the “Content”), is the property of FemPulse or its suppliers or licensors and is protected by copyright and other intellectual property and proprietary rights. You agree to observe and comply with all copyright and other proprietary notices, captions or other restrictions contained in such content and not to make any modifications thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale of, create derivative works of, or in any way commercialize any of the Content on the Site, in whole or in part. The contents of FemPulse are not intended for resale. Your use of this Website does not give you any right to use the Content without permission and, in particular, you may not delete or modify any proprietary rights or attribution notices contained in the Content. You will use the Content solely for your personal use and will not use it for any other purpose without the express written permission of FemPulse and the copyright owner. You agree that you do not acquire any ownership rights in the Content. FemPulse does not grant you any licenses, express or implied, to the intellectual property of FemPulse or our licensors except as expressly authorized by these Terms.
FemPulse’s brands include FemPulse and The Elegant Solution. Other trademarks are the property of their respective owners.
Use of communication services
This Site may contain messaging or communication features that allow you to communicate with other individuals, groups or the general public (collectively, “Communication Services”). You agree to use the Communication Services only to send and receive messages and materials that are appropriate and related to the particular Communication Service.
For example (which shall not be construed as a limitation), you agree that when using a Communication Service, you will not: Defame, abuse, harass, threaten, or otherwise violate the legal rights (e.g. privacy or publicity rights) of others; send, post, upload, distribute, or disseminate inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful topics, names, materials, or information; upload files that contain software or other material protected by intellectual property laws (or by privacy or publicity rights) unless you own or control the rights thereto or have obtained all necessary consents; Uploading files that contain viruses, corrupted files, or other similar software or programs that may harm the operation of another person’s computer; Soliciting goods or services for business purposes or offers to sell or buy such goods and services, unless such communication service expressly permits such messages; Conducting or forwarding surveys, contests, pyramid schemes, or chain letters; Downloading a file posted by another user of a Communication Service that you know or should know cannot be legally distributed in this manner; Deleting or falsifying author attributions, legal or other proper notices, proprietary designations, and identifiers of the origin or source of software or other material contained in an uploaded file; Restrict or inhibit other users from using the Communication Services; Violate any code of conduct or other policy applicable to a particular Communication Service; Collect or otherwise gather information about third parties, including email addresses, without their consent; or Violate any applicable law or regulation.
FemPulse is not obliged to monitor the communication services. However, FemPulse reserves the right to review materials posted via Communication Services and to remove any materials in its sole discretion. FemPulse also reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
FemPulse reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, and to edit, refuse to post or to remove any information or materials, in whole or in part, in FemPulse’s sole discretion.
Always be cautious about disclosing personal information about yourself or your children when using a communication service. FemPulse does not control or endorse the content, messages or information found in any Communication Service and, therefore, FemPulse specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers, stakeholders and vendors are not authorized employees of FemPulse and their views do not necessarily reflect those of FemPulse. Materials uploaded to a Communication Service may be subject to published restrictions on use, reproduction and/or distribution. If you upload materials, you are responsible for complying with these restrictions.
Materials provided to FemPulse or published on a FemPulse website.
FemPulse does not claim ownership of the materials you provide to FemPulse (including feedback and suggestions) or post, upload, input or submit to any FemPulse website or our affiliated services (collectively, a “Submission”). By posting, uploading, inputting, providing and submitting your Submission, you grant FemPulse, our affiliates and our necessary sublicensees permission to use your Submission in connection with their Internet businesses including, but not limited to: copying, and distributing, transmitting, publicly displaying and performing, reproducing, editing, translating and reformatting your Submission; and publishing your name in connection with your Submission.
No compensation will be paid with respect to the use of your contribution as provided herein. FemPulse is under no obligation to post or use any Submission you provide and may remove any Submission at any time in its sole discretion. By posting, uploading, inputting, providing and submitting your Submission, you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section, including, without limitation, all of the rights you need to provide, post, input or submit the Submission.
Third party accounts
You can link your FemPulse account to third party accounts if necessary. By connecting your FemPulse account to a third party account, you accept and agree that you consent to the continuous disclosure of information about you to third parties (in accordance with your privacy settings on the third party websites). If you do not want information about you to be shared in this way, do not use this setting.
The Website is controlled, operated and administered from FemPulse’s offices in the United States. If you access the Site from a location outside the United States, you are responsible for compliance with all local laws. You agree that you will not use the FemPulse Content accessed through the Site in any country or in any manner that is unlawful under any applicable law, restriction or regulation.
You agree to indemnify, defend and hold harmless FemPulse, its officers, directors, employees, agents and third parties from and against any and all losses, costs, liabilities and expenses (including reasonable attorneys’ fees) arising out of your use or inability to use the Site or Services, any User Submissions you make, your violation of any terms of this Agreement, any rights of a third party, and any applicable laws, rules or regulations. FemPulse 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 fully cooperate with FemPulse in securing all available evidence.
Termination/Limitation of access
FemPulse reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the extent permitted by law, this Agreement shall be governed by the laws of the State of California. You hereby consent to the exclusive jurisdiction and venue of the California courts in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and FemPulse as a result of this Agreement or use of the Site. FemPulse’s performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of FemPulse’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Website and information provided to or gathered by FemPulse with respect to such use. If any section of this Agreement is found to be invalid or unenforceable under applicable law, including but not limited to the disclaimers and limitations of liability set forth above, the invalid or unenforceable provision shall be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of the Agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and FemPulse with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and FemPulse with respect to the Site. A printed version of this Agreement and any notice in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally prepared and maintained in printed form. It is the express desire of the parties that this Agreement and all related documents be written in the English language.
Change of conditions
FemPulse reserves the right to change the terms and conditions under which this website is offered at its sole discretion. The latest version of the Terms replaces all previous versions. FemPulse recommends that you review the Terms periodically to stay informed of any updates. FemPulse welcomes your questions or comments regarding the Terms.
Entered into force on December 1, 2020