Terms of Use

1. Scope

Any use of this web site provided by Cytori Therapeutics, Inc. and/or its affiliates (“Cytori”), “Cytori Web Site”, is subject to these Terms of Use. You should carefully read the Terms of Use before using the Cytori Web Site. These Terms of Use may be amended, modified or replaced by other terms and conditions, e.g. for the purchase of products and services. With log-in, or where a log-in is not required, in accessing or using the Cytori Web Site these Terms of Use are accepted in their then current version.

By using the Cytori Web Site, you are indicating that (a) you are at least eighteen (18) years old and have the legal authority to accept the Terms of Use, or (b) you are a parent/guardian of a minor (“Minor User”) on whose behalf you agree to these Terms of Use and grant permission for such Minor User to use and view this Site and its Content and Services (as defined below).

Minor Users are not authorized to use the Site, Content, or Services without the permission of their parent or guardian. Minor Users under the age of eighteen (18) years are required to provide the name and contact information of a parent or guardian so that Cytori may obtain the consent of such parent or guardian for such Minor Users. Cytori reserves the right to make all or portions of the Site, Content, or Services unavailable to Minor Users.

2. Services

This Cytori Web Site contains specific information, as well as – as the case may be – related documentation, for viewing or downloading.
Cytori may stop the operation of the Cytori Web Site in full or in part at any time. Due to the nature of the internet and computer systems, Cytori cannot accept any liability for the continuous availability of the Cytori Web Site.

3. Registration, Password

Some pages of the Cytori Web Site may be password protected. In the interest of safety and security of business transactions, only registered Users may access said pages. Cytori reserves the right to deny registration to any User. Cytori particularly reserves the right to determine certain sites, which were previously freely accessible, subject to registration. Cytori is entitled, at any time and without obligation to give reasons, to deny the User the right to access the password-protected area by blocking its User Data (as defined below), in particular if the User

– uses false data for the purpose of registration;
– violates these Terms of Use or neglects its duty of care with regard to User Data;
– violates any applicable laws in the access to or use of the Cytori Web Site; or
– did not use the Cytori Web Site for a longer period.

For registration the User shall give accurate information and, where such information changes over time, update such information (to the extent possible: online) without undue delay. The User shall ensure that his/her e-mail address, as supplied to Cytori, is current at all times as well as an address at which the User can be contacted.
Upon registration the User will be provided with an access code, comprising of a User ID and a password (“User Data”). On first access the User shall promptly change the password received from Cytori into a password known only to the User. The User Data allows the User to view or change his/her data or, as applicable, to withdraw his/her consent to data processing.

The User shall ensure that User Data is not accessible by third parties and is liable for all transactions and other activities carried out under his/her User Data. At the end of each online session, the User shall log-off from the password protected websites. If and to the extent the User becomes aware that third parties are misusing his/her User Data the User shall notify Cytori thereof without undue delay in writing, or, as the case may be, by e-mail.

After receipt of the notice, Cytori will deny access to the password-protected area under such User Data. Access by the User will only be possible again upon the User’s application to Cytori or upon new registration.

The User may at any time request termination of his/her registration in writing, provided that the deletion will not violate the proper performance of contractual relationships. In such event Cytori will remove all user data and other stored personally identifiable data of the User as soon as these data are no longer needed.

4. Rights of Use to Information and Documentation

The use of any information and documentation made available on or via this Cytori Web Site is subject to these Terms of Use. Information and documentation may not be distributed by the User to any third party at any time nor may it be rented or in any other way made available. Unless such is allowed by mandatory law, the User shall not modify the documentation. The information and documentation are protected by copyright laws as well as international copyright treaties as well as other laws and conventions related to intellectual property. The User shall observe such laws and in particular shall not modify, conceal or remove any alphanumeric code, marks or copyright notices from the information or documentation, or any copies thereof.

5. Intellectual Property

Notwithstanding the particular provisions in § 4 of these Terms of Use, information, brand names, and other contents of the Cytori Web Site may not be changed, copied, reproduced, sold, rented, used, supplemented or otherwise used in any other way without the prior written permission of Cytori.

Except for the rights of use and other rights expressly granted herein, no other rights are granted to the User nor shall any obligation be implied requiring the grant of further rights. Any and all patent rights and licenses are expressly excluded.

6. Duties of the User

In accessing or using the Cytori Web Site the User shall not
– harm other persons, in particular minors, or infringe on their personal rights;
– breach public morality in its manner of use; or
– violate any intellectual property right or any other proprietary right.

Cytori may deny access to the Cytori Web Site at any time, in particular if the User breaches any obligation arising from these Terms of Use.

7. Hyperlinks

The Cytori Web Site may contain hyperlinks to the web pages of third parties. Cytori shall have no liability for the contents of such web pages and does not make representations about or endorse such web pages or their contents as its own, as Cytori does not control the information on such web pages and is not responsible for the contents and information given thereon. The use of such web pages shall be at the sole risk of the User.

8. Liability for defects of title or quality

Insofar as any information or documentation is made available at no cost, any liability for defects as to quality or title of the information and documentation especially in relation to the correctness or absence of defects or the absence of claims or third party rights or in relation to completeness and/or fitness for purpose are excluded except for cases involving willful misconduct or fraud.

The information on the Cytori Web Site may contain specifications or general descriptions related to the technical possibilities of individual products which may not be available in certain cases (e.g. due to product changes). The required performance of the product shall therefore be mutually agreed upon in each case at the time of purchase.

9. Other Liability, Viruses

The liability of Cytori for defects in relation to quality and title shall be determined in accordance with the provisions of § 8 of the Terms of Use. Any further liability of Cytori is excluded unless required by law, e.g. under the Act on Product Liability or in cases of willful misconduct, gross negligence, personal injury or death, failure to meet guaranteed characteristics, fraudulent concealment of a defect or in case of breach of fundamental contractual obligations. The damages in case of breach of fundamental contractual obligations are limited to the contract-typical, foreseeable damage if there is no willful misconduct or gross negligence.

Although Cytori makes every endeavor to keep the Cytori Web Site free from viruses, Cytori cannot make any guarantee that it is virus-free. The User shall, for his/her own protection, take the necessary steps to ensure appropriate security measures and shall utilize a virus scanner before downloading any information or documentation.

10. Medical Disclaimer

THIS SITE DOES NOT PROVIDE MEDICAL ADVICE. THE SITE, CONTENT, AND SERVICES DO NOT PROVIDE ANY FORM OF MEDICAL ADVICE, PROFESSIONAL SERVICES, OR RECOMMENDATIONS. THE SITE AND CONTENT ARE NOT INTENDED TO CONSTITUTE (I) THE PRACTICE OF MEDICINE OR THE PROVISION OF HEALTHCARE DIAGNOSIS OR TREATMENT, (II) THE CREATION OF A PHYSICIAN, PATIENT OR CLINICAL RELATIONSHIP, OR (III) AN ENDORSEMENT, RECOMMENDATION, OR SPONSORSHIP OF ANY PRODUCT OR SERVICE BY CYTORI OR ANY OF ITS AFFILIATES, AGENTS, EMPLOYEES, CONSULTANTS, OR SERVICE PROVIDERS. The Site is not meant to be a substitute for a healthcare professional’s clinical judgment. The determination of the need for medical services and the types of health care to provide a patient are decisions that should be made only by a physician or other licensed healthcare provider. Cytori does not provide medical advice, and the Site and its Contents do not provide a diagnosis or other recommendation for treatment and are not a substitute for professional judgment of a healthcare professional in diagnosis and treatment of any person. Never disregard medical advice or delay seeking such advice because of something you read on the Site. Always seek the advice of a physician or other qualified healthcare professional with any questions you have regarding a medical condition.

Cytori offers no warranty or guarantee related to this Content. We are not liable for any damages resulting from your use of the information on the Site.

11. Compliance with Laws (HIPAA)

If you are an investigator or a healthcare professional you may not provide Cytori any protected health information.

12. Data Privacy Protection

For collection, use and processing of personally identifiable data of the User of the Cytori Web Site, Cytori shall comply with applicable laws on data privacy protection and the Cytori Web Site Data Protection Privacy Policy, which is available via hyperlink on the Cytori Web Site and/or onwww.cytoritx.com.

13. Supplementary Agreements

Any supplementary agreement requires the written form.

The individual pages of the Cytori Web Site are operated and administered by Cytori Therapeutics, Inc. and/or its affiliates. The pages comply with the law applicable in the country where the responsible company has its business residence. Cytori makes no representation that information and/or documentation on the Cytori Web Site are appropriate or available for viewing or downloading at locations outside such country. If Users access Cytori Web Site from outside such country, they are exclusively responsible for compliance with all applicable local laws. Access to Cytori Web Site’s information and/or documentation from countries where such content is unlawful is prohibited. In this case, should they seek to do business with Cytori, he/she should contact the Cytori representative for the particular country for country specific business.

We may change the Cytori Web Site and/or the Terms of Use from time to time. If a change to the Terms of Use is made, we will post the revised Terms of Use on the Cytori Web Site. You are bound by any such revisions and should therefore visit this Terms of Use section each time you access this Site to review the then-current conditions applicable to your use at that time.