Terms of Use - REAL System

Website Terms and Conditions

Website Privacy Policy. Last modified: October 15, 2019

Introduction

Thank you for visiting the www.realsystem.com websites (“Site(s)”). Please read these Website Terms and Conditions (“Terms”) carefully as they contain important information about use of the Sites.

By navigating the Sites and using the subscription areas of the Sites, you expressly agree to and accept the Terms. You also agree to and accept our Website Privacy Notice that describes how we collect and use information you provide the Sites and is incorporated into these terms and conditions by reference.

TOGETHER THESE TERMS AND USE AND THE WEBSITE PRIVACY NOTICE CONSTITUTE YOUR AGREEMENT TO USE THE SITES. THESE ARE LEGALLY BINDING TERMS FOR YOUR USE OF THE SITES. BY ACCESSING AND/OR USING THE SITES, YOU REPRESENT AND WARRANT THAT YOU HAVE THE CAPACITY TO AGREE TO THESE TERMS AND PRIVACY NOTICE AND TO ABIDE BY ALL OF THE TERMS AND CONDITIONS SET FORTH HEREIN.

YOU MAY NOT ACCESS OR USE THIS SITE OR ACCEPT AGREEMENT TO THESE TERMS UNLESS YOU ARE AT LEAST 18 YEARS OLD. IF YOU DO NOT AGREE WITH ALL PROVISIONS OF THESE TERMS, PLEASE DO NOT ACCESS AND/OR USE THE SITES.

Modifications

We may modify these Terms from time to time in our sole discretion. All changes are effective immediately when we post them. Changes to these terms will be in accordance to any applicable legislation or regulation. We encourage you to read these Terms and Website Privacy Notice each time you visit Sites to ensure you are up to date with current provisions. Your continued use of the Sites following the posting of revised Terms means that you accept and agree to the changes.

The Website

The Sites are owned and operated by Penumbra, Inc. (“Penumbra”). The Sites provide information designed to provide product subscription information and product education. Particularly, our products are directed toward rehabilitation therapy professionals and are only available to patients via prescription. The Site is not intended to provide medical advice. We urge you to contact a health care professional for detailed information about medical conditions and treatment.

The Sites are intended for audiences in the country location as marked on the Sites and the Site may contain references to products, programs, and services that are not available in countries outside of that marked country. Such references do not imply that such products, programs or services are available in other countries or that such products may lawfully be used in or imported into other countries.

Technical requirements

In order to use the Site correctly, we suggest you use a device which has access to the Internet, and an Internet browser with a version supporting cookie technology.

Prohibited Uses

You may not take any action that imposes, or may impose in your sole discretion, an unreasonable or disproportionately large load on our infrastructure, interfere, or attempt to interfere with the proper working of the Site or any activities conducted on the Site or bypass any measures we may use to prevent or restrict access to the Website. You may not use or access the Website for any fraudulent or unlawful purpose. You may not modify any portion of the Site. You may not restrict or inhibit the ability of any other person to access or use the Site.

Content

All text, graphics and other information and materials on the Site (“Content”) is subject to change without notice.

All Content is copyrighted and proprietary to Penumbra. Content is protected by copyright law in the United States and other countries. You may not reproduce the Content without the prior written consent of Penumbra. You may use the Content from this Site for your personal, informational, non-commercial use. The use of any Content for commercial purposes is expressly prohibited without the prior written consent of Penumbra. Any authorized use of Content composing or displayed on Site must not be distorted, modified, or altered in any way. We reserve the right to revoke any authorized use of Content and reserve the right to bring action against any infringement of Penumbra’s intellectual property rights. The following statement must appear on any authorized copy of all or part of the Content: “Copyright 2019, Penumbra, Inc. All rights reserved.”

Any Content that is a registered or unregistered trademark, logo, or service mark is protected by trademark rights in the United States and other countries. Nothing contained herein shall be construed as conferring by implication, estoppel or otherwise, any license or other grant of right to use any patent, copyright, trademark, service mark or other intellectual property of Penumbra or any third party, except as expressly provided herein. Penumbra may enforce its intellectual property rights to the fullest extent provided by law.

Site Account

In order to use certain features of the Site (e.g. view your subscription related information), you must register for an account with the Site and provide certain information about yourself as prompted by the registration request or form. You represent that: (a) all required registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; and (c) your use of the Sites does not violate any applicable law or regulation or the terms and conditions herein. You may de-activate your account at any time, for any reason, by contacting askreal@realsystem.com.

As an account holder, you are responsible for securing and maintaining the confidentiality of the information you provided (e.g. account username and password). You agree to take the necessary measures to limit access to your computer and/or account, for example, by installing malware protection. You are required to notify us immediately upon your knowledge of any breach of security or unauthorized use of your account.

Your account might be suspended or terminated if your account is engaged in fraudulent, illegal, or inappropriate conduct in relation to use of the Sites. In addition, any fraudulent, illegal, or inappropriate conduct in relation to any offers or promotions, may subject you to liability for civil and/or criminal penalties under applicable law.

Product Subscription

All subscription related terms and conditions are contained in the Terms of Use, License and Subscription Agreement. Upon purchase of a subscription, you will receive a copy of the REAL System Security Notice, which explains the security and privacy practices and policies for the REAL Immersive System.

Third Parties

Reference to any product, recording, event, process, publication, service, or offering of any third party by name, trade name, trademark, company name or otherwise, does not necessarily constitute or imply the endorsement or recommendation of such by Penumbra. Any views expressed by any third party on the Site are solely the views of such third party, and Penumbra assumes no responsibility for the accuracy or veracity of any statement made by such third party.

The Site contains external links to Twitter, Facebook, Instagram, LinkedIn, and Lever. Presence of the links on the Site does not imply endorsement of the sites by Penumbra. Upon clicking the links and entering the listed sites, you are leaving the Site and the Terms no longer apply. Penumbra urges you to review the terms of use of these external sites.

Information You Submit

You are solely responsible for all information that you submit to the Site. Should you choose to send any feedback or data, including, but not limited to, any ideas, comments, suggestions or questions regarding any product or service or the content of the Site, such information shall be deemed to be non- confidential, non-proprietary and Penumbra shall have no obligation of any kind with respect to such information and shall be free to reproduce, use, disclose and distribute the information to others without limitation.

Information submitted through the Site may be used internally and/or shared with Penumbra’s affiliates. The Website Privacy Notice describes how personally identifiable information collected through the Sites are is used, shared, and protected including the processing of certain user data collected by means of cookies.

Potential risks related to using the Site

Despite the use of systems securing the infrastructure against any unauthorized interference by third parties, you should also consider potential typical threats related to the use of the Website, including:
1) the risk of malicious software;
2) the possibility of the security being hacked in order to obtain personal or confidential information; or
3) the possibility of infecting the ICT system by various types of software created to inflict damage, in particular viruses, Trojan horses, or worms.
4) any other malfunction preventing the proper functioning of the Website.

Penumbra recommends that you take care of the security of your own computer by using an antivirus program with an up-to-date virus database along with a personal firewall.

Disclaimer of Warranties and Limitation of Liability

The Site and all Content are provided “AS IS”. Penumbra makes no representation or warranty whatsoever regarding the completeness, accuracy, adequacy, suitability, functionality, availability, or operation of the Website or the Content. By using the Website, you assume the risk that the Content may be incomplete, inaccurate, out of date, or may not meet your needs and requirements.

TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, PENUMBRA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. PENUMBRA DOES NOT WARRANT THAT YOUR USE OF THIS WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE, CONTENT OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

TO THE EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, IN NO EVENT WILL PENUMBRA BE LIABLE FOR DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES.

Governing Law

These Terms are governed by the laws of the State of California, USA if you are visiting the United States Site. These Terms for all other Sites are governed by the internal laws of the country marked on the Site, without regard to its conflict of laws principles. For example, if you are on the Site for the France, the Terms for that Site are governed by the laws of France. Further, you agree that any dispute arising from or related to use of the Site (whether contractual or non contractual) shall be brought exclusively in courts in the country marked on the Website and you agree to the exercise of the territorial jurisdiction of these courts in any dispute concerning Penumbra, or its affiliated entities, employees, officers, directors, or representatives.

Severability

If any of these provisions shall be deemed invalid, void, or for any reason unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provision.

Website Owner and Editor

REAL System by Penumbra, Inc.
One Penumbra Place, Alameda, California USA 94502
If you have any questions, comments or complaints about the Website, please contact us:
a) via email: askreal@realsystem.com, or
b) via mail at the address above.

Website Host

WP Engine
504 Lavaca Street, Suite 1000
Austin, TX 78701