Welcome to the website (the “Site”) of Hettich Instruments, L.P. (USA) (“HIUS.”) Please carefully review these Terms of Use (“Terms”). Your access or use of this Site constitutes your acceptance of these Terms. If you do not agree to abide by all of the provisions contained in these Terms, you must not use or access the Site. HIUS may also make changes to these Terms, which will be posted to this page and will become effective immediately upon posting. For this reason, we urge you to read these Terms each time you visit our Site.

1. Scope 

These Terms govern your access to and use of the Site. The products and services that we offer through the Site may be subject to separate or additional terms and conditions.

We control and operate this Site from the United States of America. This Site is intended for use by United States and Canadian residents only and contains information regarding HIUS products and services available for sale or distribution within the United States. If you are a non-U.S. or Canadian resident, you may access this Site solely at your own risk and are responsible for compliance with local laws and regulations, if applicable. Any references to products or services on the Site do not imply that HIUS intends to announce or offer these products or services in your country. (For the sake of clarity, our parent company – Andreas Hettich GmbH & Co.KG – has a website targeted at users located in Germany and the EU.  You can reach the site here: https://www.hettichlab.com/en/ )

2. Registered Users

Visitors to the Site may use the public areas of the Site for informational purposes and are subject to these Terms. In addition, certain areas of this Site contain information intended only for medical and research professionals. Accordingly, HIUS reserves the right to limit access to certain areas of the Site to medical and research professionals who register and meet the qualifications imposed by us. The resources provided in certain password-protected areas of this Site are specific to and intended for certain individuals who specialize in the medical and research specialties that we serve. We reserve the right to discontinue access to any restricted area of the Site at any time, without notice to you, for any reason. If you are or become a registered user, you are responsible for maintaining the confidentiality of your User ID and password. If you become aware of unauthorized use of your User ID and password, you agree to immediately notify HIUS. The personal information provided by you is subject to our privacy policy.

3. User Restrictions and Monitoring

This Site is not intended for use by anyone not able to legally form binding contracts. If you are not able to legally form binding contracts, you may not use the Site or provide information about yourself to the Site. HIUS reserves the right to discontinue, suspend or delete your information, registered account and files in your account.

HIUS reserves the right to monitor or screen any communications from any person.  However, HIUS is under no obligation to do so, and may elect not to conduct such monitoring or screening. HIUS also reserves the right to edit or delete any communication posted on the Site, regardless of whether such communication violates these Terms. HIUS shall have no liability or responsibility to you or any other person or entity for performance or nonperformance of the activities set forth above. All persons are hereby notified that use of the Site constitutes consent to the above actions, monitoring, screening, editing and HIUS’s discretion to deny access to the Site.

4. Modifications to Site

HIUS reserves the right to modify or discontinue the Site (or any portion of the Site), temporarily or permanently, with or without notice to you, and is not obligated to support or update the Site. HIUS shall not be liable to you or any third party in the event that HIUS exercises its right to modify or discontinue the Site (or any portion of the Site). Unless explicitly stated otherwise, any new features that augment or enhance the current Site shall be subject to these Terms.

5. Copyright Notice

All of the trademarks, service marks and logos displayed on this Site are registered and unregistered trademarks of HIUS, its affiliates or subsidiaries, or third parties who have licensed their trademarks to HIUS or one of its affiliates or subsidiaries. In addition, all content, including but not limited to text, software, music, sound, photographs, video, graphics or other material contained on this Site or in commercially produced information presented to you through the Site by HIUS, its affiliates or HIUS’s third party licensors (“Content”) is protected by copyright, patents or other proprietary agreements and laws and you are only permitted to use Content as expressly authorized by HIUS, its affiliates or its licensors. Nothing contained herein transfers any right, title, or interest in the Site or the Content to you.

You may download, view, copy and print Content, subject to the following:

(a) the Content may be used solely for personal, informational, or internal business purposes;
(b) any and all copyright, trademark and other proprietary rights notices must appear on all copies, including the copyright notice at the bottom of the page;
(c) the Content may not be modified or altered in any way; and
(d) no graphics may be used separate from accompanying text.

Except as provided above, you may not use, download, upload, copy, print, display, perform, reproduce, publish, license, post, transmit, frame, mirror on another Web service, use any meta tags, inline any graphics or distribute any Content or information from the Site in whole or in part without the express permission of HIUS. Requests for such permission should be made to privacy@hettweb.com. Any rights not expressly granted herein are reserved. Please be advised that HIUS enforces its intellectual property rights to the fullest extent of the law.

Certain product, service, or company designations for companies other than HIUS may be mentioned in the Site for identification purposes only. Such designations are often claimed as trademarks or service marks. You should contact the appropriate companies for more complete information regarding such designations and their registration status.

6. Not Medical Advice

The information on this Site is provided for informational purposes only and does not constitute medical or any type of professional advice. HIUS does not give medical advice, nor does HIUS provide medical or diagnostic services. Always seek the advice of your physician or other qualified health care provider regarding any medical condition or treatment.

The information on this Site is not intended to be used in the diagnosis or treatment of any health condition. Any general information concerning various medical conditions and their treatment options on this Site is intended for informational purposes only and should not serve as a substitute for a consultation and professional judgment of a qualified medical professional. Diagnosis and treatment of any health condition is the responsibility of your personal healthcare provider. Please consult your healthcare professional for information related to your specific course of treatment, if any. Your reliance upon content obtained by you at or through the Site is solely at your own risk.

We may also include certain application information, reference guides and databases on this Site. This information is intended for use only by licensed medical professionals.

7. User Feedback

HIUS is pleased to hear from visitors and welcomes your comments regarding the Site. Please be advised, however, that HIUS and its employees do not accept or consider unsolicited ideas, including ideas for new products or technologies, processes, materials, marketing plans, or new product names. Please do not send your unsolicited ideas or any original materials to HIUS or anyone at HIUS. If, despite this request, you still send HIUS your ideas and materials, please understand that by submitting the information through this Site, you assign HIUS, free of charge, all worldwide rights, title and interest in all copyrights and other intellectual property rights in the information or materials you submit. We will be entitled to use any information and materials you submit through this Site for any purpose whatsoever without restriction and without compensating you in any way, and by submitting any such information and materials, you represent to HIUS that you have the right to do so.

8. Links 

The Site may provide links to websites operated by HIUS (or its affiliates) outside of the U.S. as well as websites operated by third parties. Such links do not imply any relationship, sponsorship, or affiliation between HIUS and such third party sites, or adoption or approval of the content of such third party websites (except as described above, with regard to the HIUS parent company). HIUS is not responsible for the contents or your use of third party websites, or for terms of use or privacy practices of third party websites. Please refer to the separate terms of use, privacy policies, and other rules posted on these linked websites before you use them. Third party links are provided merely as a convenience to you, and the inclusion of any link does not imply affiliation or endorsement by HIUS. HIUS does not review, monitor or check the accuracy of content published on third party websites, and is not responsible for the availability of, and content provided on, third party websites. If you choose to purchase any products or services from a third party, your relationship is directly with the third party and HIUS is not responsible for any loss or damage of any sort you may incur from dealing with any third party. Third party websites may contain information about uses of products that have not been approved or cleared by the U.S. Food and Drug Administration, and/or by the European Union. HIUS does not endorse the ‘off-label’ use of any of our products.

In general, in the absence of any other agreement with HIUS, you may link or hyper-link to the home page of the Site from your website, subject to the following:

(a) you notify us by email at privacy@hettweb.com specifying the URL of each page from which you will be linking to our home page;
(b) you do not frame the Site or any portion of the Site;
(c) you do not deep link into the Site (i.e., you do not link into any page other than the home page);
(d) the link or hyper-link to the Site is not used in a way that suggests that HIUS endorses you or your web site;
(e) the link is identified using a plain text rendering of the HIUS name and not any trademark or HIUS logo;
(f) the link or hyper-link to the Site is not used or presented in any way that disparages HIUS or tarnishes, blurs, or dilutes the quality of HIUS’s names or trademarks or any associated goodwill; and
(g) you agree that we may terminate your right to link or hyperlink to the Site at any time for any reason or no reason.

9. Disclaimer

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE AND ALL CONTENT, MATERIALS, INFORMATION, PRODUCTS AND SERVICES PROVIDED ON THE SITE, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT WARRANTY OF ANY KIND. HIUS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND SECURITY AND ACCURACY, AS WELL AS ALL WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING, OR COURSE OF PERFORMANCE. HIUS MAKES NO WARRANTY THAT: (A) THE SITE WILL MEET YOUR REQUIREMENTS; (B) THE SITE WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR ANY SERVICES OFFERED THROUGH THE SITE WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS.

ANY CONTENT, MATERIALS, OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK. HIUS SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, OR INFORMATION.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM HIUS OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

10. Limitation of Liability

IN NO EVENT SHALL HIUS NOR OUR PARENT, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, OR OTHER REPRESENTATIVES (COLLECTIVELY “AFFILIATED PARTIES”) BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, ARISING FROM YOUR ACCESS TO, OR USE OF, THE SITE OR ANY SERVICES PROVIDED THROUGH THE SITE, EVEN IF HIUS WAS ADVISED THAT SUCH DAMAGES WERE LIKELY OR POSSIBLE. THIS LIMITATION ON LIABILITY APPLIES TO, BUT IS NOT LIMITED TO, THE TRANSMISSION OF ANY DISABLING DEVICE OR VIRUSES WHICH MAY INFECT YOUR EQUIPMENT, FAILURE OR MECHANICAL OR ELECTRONIC EQUIPMENT OR COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECT PROBLEMS (E.G., YOU CANNOT ACCESS YOUR INTERNET SERVICE PROVIDER), UNAUTHORIZED ACCESS, THEFT, BODILY INJURY, PROPERTY DAMAGE, OPERATOR ERRORS, STRIKES OR OTHER LABOR PROBLEMS OR ANY FORCE MAJEURE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

You also understand that Hettich cannot and does not guarantee or warrant that files available for downloading through the Site are or will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data.

11. No Resale of the Site

Your right to use the Site is personal to you. You agree not to reproduce, duplicate, copy, sell or resell the Site, without the express written consent of HIUS.

12. Privacy Policy

Your access or use of this Site also constitutes your acceptance of our Privacy Policy. View our Privacy Policy.

13. Indemnity

You agree to indemnify, defend and hold HIUS and Affiliated Parties 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.

14. Export Restrictions/Legal Compliance

HIUS controls this Site from within the United Sates of America. You may not access, download, use or export the Site or the Content in violation of U.S. export laws or regulations, or in violation of any other applicable laws or regulations.

15. Prohibited Conduct

While using the Site you agree to comply with all applicable laws, rules, and regulations. Without limiting any of the foregoing, you agree that you will not use our Site to take any of the following actions:

• Transmit files that contain viruses, worms, Trojan horses, corrupted files, or any other software or programs that may damage or adversely affect the operation of the Site or another person’s computer;
• Download files in an illegal manner;
• Falsify or delete any attributions, legal or other notices or proprietary designations of the source of software or other materials;
• Restrict any other user from using any public area within our Site, including by means of “hacking” or defacing any portion of the Site;
• Use the Site or the materials contained on the Site for any fraudulent or unlawful purpose;
• Interfere with or disrupt our Site, servers, or networks; and
• Use any site search/retrieval application or other device or process to access, monitor, copy, retrieve, data mine or in any way reproduce or circumvent the navigational structure or presentation of the Site or its contents.

15. GeneralIn the event that any provision of these Terms shall, in whole or in part, be determined to be invalid, unenforceable or void for any reason, the determination shall affect only the portion of the provision determined to be invalid, unenforceable, or void, and shall not affect the remainder of that provision in any way. You agree to allow a court or arbitrator to replace such an invalid, unenforceable, or void provision with a valid provision which is as similar as possible in substance to the invalid, unenforceable, or void provision.

HIUS’s failure to act with respect to any breach by you does not constitute a waiver of our right to act with respect to subsequent or similar breaches.

These Terms shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts without regard to its choice of law provisions. In the event of any conflict between foreign laws, rules and regulations and those of the United States, the laws, rules and regulations of the United States shall govern. The United Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms. You hereby consent to personal jurisdiction by the state and federal courts located in Suffolk County, Massachusetts.

HIUS may assign its rights and duties under these Terms without such assignment being considered a change to the Terms and without notice to you. You may not assign these Terms without the prior written consent of HIUS.

These Terms, the Privacy Policy, any operating rules, policies, or procedures that may be posted from time to time by HIUS on the Site, and any modifications to the foregoing, constitute the entire agreement between the parties with regard to the subject matter hereof and supersede all prior understandings and agreements, whether written or oral, as to such subject matter. Nothing contained in these Terms shall be deemed to constitute either party as the agent or representative of the other party, or both parties as joint venturers or partners for any purpose. Sections 4, 5 (excluding the second paragraph), 6, 7, and 8 through 17 shall survive termination of these Terms.

16. Acknowledgment

By accessing this Site or registering with HIUS, you agree to all the terms and conditions of these Terms. You acknowledge (a) that you have read and understood these Terms; and (b) that these Terms have the same force and effect as a signed agreement.

17. Contact Information

If you have any questions regarding these Terms or the Site, please contact HIUS at privacy@hettweb.com.

All notices shall be sent by U.S. certified mail to:

Hettich Instruments, L.P.
100 Cummings Center, Ste 136L
Beverly, Massachusetts 01915
United States

18. DMCA Notice

Since we respect artist and content owner rights, it is our policy to respond to alleged infringement notices that comply with the Digital Millennium Copyright Act of 1998 (“DMCA”).

If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Service, please notify the Company’s copyright agent as set forth in the DMCA. For your complaint to be valid under the DMCA, you must provide the following information in writing:

1. An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
2. Identification of the copyrighted work that you claim has been infringed;
3. Identification of the material that is claimed to be infringing and where it is located on the Service;
4. Information reasonably sufficient to permit Hettich to contact you, such as your address, telephone number, and, e-mail address;
5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and
6. A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.

The above information must be submitted to the following DMCA Agent:

Attn: DMCA Notice Hettich Instruments
Address: 100 Cummings Center, Ste 136L, Beverly, Massachusetts 01915
Email: privacy@hettweb.com

UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES.

Please note that this procedure is exclusively for notifying Hettich and its affiliates that your copyrighted material has been infringed. The preceding requirements are intended to comply with Hettich’s rights and obligations under the DMCA, including 17 U.S.C. §512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws.

(Last Updated: March 21, 2019)