Terms of Service
Laerdal Terms of Service
This website and the services herein (“Services”) are owned and operated by Laerdal Medical Canada Ltd. (“Laerdal”).
Your access and use of the Service is subject to these Terms of Service (“Terms”) and all applicable laws. BY ACCESSING OR USING ANY PART OF THE SERVICE, YOU ACCEPT, WITHOUT LIMITATION, THESE TERMS. If an individual is accessing the Service on behalf of a business entity, by doing so, such individual represents that they have the legal capacity and authority to bind such business entity to the Terms and the word “you” shall refer to both the business entity and the individual accessing the Service on behalf of such business entity. If you do not agree to these Terms, you may not access or otherwise use the Service.
These Terms contain an arbitration provision below. You agree that any dispute or claim from you against Laerdal will be resolved by mandatory binding arbitration and you waive any right to participate in a class action lawsuit or similar matter.
All information posted on the Service is subject to change without notice. In addition, these Terms may be changed at any time without prior notice. We will make such changes by posting them on the Service. You should check the Service for such changes frequently. Your continued access of the Service after such changes conclusively demonstrates your acceptance of those changes.
Overview of the Services.
This Service is provided to you (1) for informational purposes to learn about Laerdal’s products and services, (2) to establish and enhance the community of Laerdal customers and partners and (3) to enable certain Laerdal products (“Products”) to be purchased through the Service.
Some content found within the Services is provided by third parties who are not under the control of Laerdal, and Laerdal does not review all information posted. You agree that your use of information available within the Services is at your own risk and that Laerdal makes no guarantees that any information or content posted by others or provided by Laerdal, is true, accurate or complete. Warranties for a Product are separately provided with the purchase of each such Product.
Use of the Services.
You may use the Services solely as authorized by Laerdal and subject to these Terms, all applicable laws, rules and regulations, and any agreements or terms with third parties to which you are subject.
ID and Password.
Generally, you may access and use many of the Services without registering or signing in, but in order to take full advantage of some aspects of the Services, you may need to register for your own account. Your account is for your sole, personal use, you may not authorize others to use your account, and you may not assign or otherwise transfer your account to any other person or entity. All registration information about you must be truthful, and you may not use any aliases or other means to mask your true identity. You are responsible for the security of any password(s) you are issued and will be solely liable for any use or unauthorized use under such password(s).
If you purchase a Product through the Service, such purchase may be subject to additional terms and conditions.
No Medical Advice.
The information contained in or made available through the Services (including but not limited to information contained within forums or in downloads) cannot replace or be a substitute for the services of trained professionals in any field, including, but not limited to, financial, medical, or legal matters. In particular, you should regularly consult a trained professional in all matters relating to medical issues, particularly concerning any symptoms that may require diagnosis or medical attention. For Products, you should always consult with the official Product documentation that comes with the purchase of a Product.
Terms For Other Laerdal Products and Services.
The Services provided under these Terms are not intended as a substitute for any other agreements you may have with Laerdal or any manuals or other official documentation provided by Laerdal to you, such as a written warranty provided to you with a Product purchase, unless we expressly state otherwise. You agree to use the information available within the Services with this in mind and to consult official documentation for any substantive issues.
Acceptable Use Policy.
The Services provide you with access to a community forum and opportunities to interact with others and share your thoughts, information, downloads, and materials. Laerdal expects all of its users to be respectful of other people. If you notice any violation of this policy or other unacceptable behavior by any user, you should report such activity to Laerdal at [email protected].
You are solely responsible for the content, information and other materials that you post on the Services or transmit to other community users (“Content”) and agree that you will not hold Laerdal responsible or liable for any Content from other users that you access on or while utilizing the Services.
Categories of prohibited Content below are merely examples and are not intended to be exhaustive. Laerdal will make the sole determination as to whether or not Content is acceptable for the Services. Without limitation, you agree that you will not post or transmit to other users anything that contains Content that:
• is inaccurate, false or misleading in any way (by way of example, if you post any Content regarding the use of a specific Product, an incident or a procedure, you must ensure that all information is completely accurate and supported);
• is defamatory, abusive, obscene, profane or offensive;
• infringes or violates another party's intellectual property rights (such as documents, downloads or other materials for which you do not have written authority from the owner of such materials to post to the Services);
• violates any party’s right of publicity or right of privacy (you should not include any other person’s personal information in your Content unless you have that person’s permission);
• is threatening, harassing or that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
• is illegal or promotes any illegal activities;
• contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or
• contains any advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation.
You may not use spiders, robots, data mining techniques or other automated devices or programs to catalog, download or otherwise reproduce, store or distribute content available on the Services. Further, you may not use any such automated means to manipulate the Services or attempt to exceed the limited authorization and access granted to you under these Terms. You may not resell use of, or access to, the Services to any third party.
Laerdal is under no obligation to screen or monitor Content, but may review Content from time to time at its sole discretion to assess compliance with the Terms. Laerdal will make all determinations as to what Content is appropriate in its sole discretion. Laerdal may include, edit or remove any Content at any time without notice.
You understand that when using the Services, you may be exposed to Content from a variety of sources, and that Laerdal is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable. If you do so object, you should not use the Services.
License to Laerdal.
You hereby grant Laerdal a perpetual license to use, redact, republish, modify, copy, create derivative works, perform and distribute your Content including any intellectual property contained therein, in any medium now known or hereinafter developed without payment or compensation to you and without seeking any further approval from you. You grant Laerdal the right to use your name and screen name, if you have publicly identified yourself with such Content.
Termination of Access.
In addition to any right or remedy that may be available to us under these Terms or applicable law, we may suspend, limit or terminate your access, or all or a portion of your access to the Services, at any time with or without notice and with or without cause. In addition, we may refer any information on illegal activities, including your identity, to the proper authorities.
The Services may contain links to other Web sites not maintained by us. We encourage you to be aware when you leave the Services and to read the terms and conditions and privacy statements of each and every service that you visit. We are not responsible for the practices or the content of such other Websites or services. Despite any links that might exist within the Services, Laerdal does not review, authenticate, authorize, guarantee or endorse any information, products, services or content provided by others whether or not there exists an agreement or affiliation between Laerdal and such third parties.
Laerdal or its licensors are the exclusive owners of all copy, software, graphics, designs and all copyrights, trademarks and other intellectual property or proprietary rights contained on or used in connection with the Services. Except as set forth herein, you agree not to copy, distribute, modify or make derivative works of any such materials without the prior written consent of the respective owner(s) of such materials. All rights not granted under these Terms are reserved by Laerdal.
Subject to the other terms and conditions contained in these Terms, Laerdal makes reasonable efforts to provide a quality service through the Services and to respect generally accepted industry practices. Warranties for a Product are separately provided with the purchase of each such Product. EXCEPT AS SET FORTH HEREIN, THE SERVICES, INCLUDING ALL CONTENT MADE AVAILABLE ON OR ACCESSED THROUGH THE SERVICES, IS PROVIDED "AS IS" AND WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT. FURTHER, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SERVICES OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE COMPLETELY SECURE, UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. LAERDAL SHALL NOT BE LIABLE FOR THE USE OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN PROVIDED BY OTHERS.
IN NO EVENT WILL WE BE LIABLE UNDER ANY THEORY OF TORT, CONTRACT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR OTHER CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST DATA, LOST OPPORTUNITIES, COSTS OF COVER, EXEMPLARY, PUNITIVE, PERSONAL INJURY/WRONGFUL DEATH, EACH OF WHICH IS HEREBY EXCLUDED BY AGREEMENT OF THE PARTIES REGARDLESS OF WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
If any part of these warranty disclaimers or limitations of liability is found to be invalid or unenforceable for any reason or if we are otherwise found to be liable to you in any manner, then our aggregate liability for all claims under such circumstances for liabilities, shall not exceed the lesser of (i) the amount paid by you for your use of the Services during the prior twelve (12) months or (ii) one hundred dollars ($100).
You agree to defend, indemnify and hold harmless Laerdal, its officers, directors, employees, business partners and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) any breach by you of any of these Terms, (ii) your Content, (iii) your use of materials or features available within the Services (except to the extent a claim is based upon infringement of a third party right by materials created by Laerdal) or (iv) a violation by you of applicable law or any agreement or terms with a third party to which you are subject.
The laws of the Province of Ontario, Canada shall govern these Terms. SUBJECT TO THE ARBITRATION PROVISION HEREIN, YOU HEREBY EXPRESSLY CONSENT TO EXCLUSIVE JURISDICTION AND VENUE IN THE COURTS LOCATED IN TORONTO, CANADA FOR ALL MATTERS ARISING IN CONNECTION WITH THESE TERMS OR YOUR ACCESS OR USE OF THE SERVICES. Nothing herein shall prevent Laerdal from proceeding directly to a court of law and without resorting to arbitration to protect its intellectual property or seek injunctive relief.
You hereby submit to the exclusive jurisdiction of the American Arbitration Association (“AAA”) in connection with any dispute relating to, concerning, or arising out of these Terms. The arbitration will be conducted before a single arbitrator. Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s rules, unless otherwise stated in this paragraph. In the event you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Laerdal will pay as much of your filing, administrative, and arbitrator fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. The arbitration before the AAA shall proceed solely on an individual basis without the right for any claims to be arbitrated on a class action basis or on bases involving claims brought in a purported representative capacity on behalf of others. The arbitrator’s authority to resolve and make written awards is limited to claims between you and us alone. Claims may not be joined or consolidated unless agreed to in a writing by all parties. No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration. If you initiate a litigation or any other proceeding against Laerdal in violation of this paragraph, you agree to pay Laerdal’s reasonable costs and attorneys’ fees incurred in connection with its enforcement of this paragraph.
The Services provided and some or all servers that make them available may reside in the United States. The laws of other countries may differ regarding the access and use of some Services. Laerdal makes no representations regarding the legality of the Services in any other country and it is your responsibility to ensure that your use complies with all applicable laws.
Claims of Copyright Infringement
Materials may be made available via the Services by third parties not within our control. We are under no obligation to, and do not routinely, scan content used in connection with the Services for the inclusion of illegal or impermissible content. However, we respect the copyright interests of others. It is our policy not to permit materials known by us to infringe another party’s copyright to remain within the Services.
For Claims in the United States - Digital Millennium Copyright Act ("DMCA") Notice Procedure
If you believe any materials within the Services infringe a copyright, you should provide us with written notice that at a minimum contains:
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
(iv) Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
(v) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
All DMCA notices should be sent to our designated agent as follows:
Laerdal Medical Corporation
Attn: Web Marketing Manager
167 Myers Corners Road
Wappingers Falls, NY 12590
Tel. no. 845.297.7770
Email: [email protected]
It is our policy to terminate relationships with users of the Services who, with regard to Content, repeatedly infringe the copyrights of others.
For Claims in Canada and other locations outside of the United States
If you are located in Canada or other locations outside of the United States of America and believe any materials within the Services infringe your copyright, you may contact our designated agent listed above setting forth your claim. We will follow procedures required by applicable law.
If any part of these Terms shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such provision shall be ineffective but shall not affect any other part of these Terms.
The failure by Laerdal to partially or fully exercise any rights, or the waiver of any breach of these Terms by you, shall not prevent a subsequent exercise of such right by us or be deemed a waiver by us of any subsequent breach by you of the same or any other term of these Terms. Our rights and remedies under these Terms shall be cumulative, and the exercise of any such right or remedy shall not limit our right to exercise any other right or remedy.
Should you have any questions you may contact us as follows:
Laerdal Medical Canada
Attn: Web Marketing Manager
305 Milner Avenue, Suite 703
Toronto, ON M1B 3V4.
Tel. no. 523-7325 Email: [email protected]
Effective Date: These Terms were last updated on July 15, 2017.