Who We Are

Terms of Use

Please carefully read the Terms of Use and our Privacy Policy before using our Web site. By using the XiMED, Inc. ("XiMED") Web site, you agree to follow and be bound by these Terms of Use and our Privacy Policy without modification.

Because we will continue to implement new technologies and improve the services and features we provide on our Web site, this statement is subject to change without prior notice. For that reason, we encourage you to review this statement periodically. By using our Web site, you agree to the Terms of Use in effect the time of each use.

Use of Web Site

The XiMED Web site may contain other proprietary notices and copyright information, the terms of which must be observed and followed. Information on this site may contain technical inaccuracies or typographical errors. Information may be changed or updated without notice. XiMED reserves the right to deny or restrict use in its discretion, including, without limitation, if XiMED believes that a Web site user's conduct violates applicable law or is harmful to the interests of XiMED.

Submitted Information

No information or material provided to XiMED by you through our Web site may contain vulgar, obscene, threatening or otherwise unlawful language or material. XiMED will not release your name or otherwise publicize the fact that you submitted materials or other information to us unless we obtain your permission to use your name or we are required to do so by law. Please review our Privacy Policy for a complete description of how we handle personal information submitted in the process of using the XiMED Web site, using our contact form or e-mail addresses, or registering on our site.

Product Information and Warranties

XiMED has made a conscientious effort to display and describe its services on the site accurately so that you can get a good idea of the services offered. Furthermore, XiMED is constantly improving its information and services. The materials on this Web site are for your general educational information only. XiMED does not practice medicine or provide medical services or advice, and the information on this Web site should not be considered medical advice. You should always rely on your health care professional for diagnosis and treatment. This Web site contains general information about various medical specialties, medical services, and health matters. You should not rely on the information on this Website in making health care decisions, rather you should consult a physician who can evaluate a particular health condition and if necessary, recommend a treatment program.

Links to other Web Sites

The XiMED Web site may contain links to other Web sites. XiMED is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement of the site or any association with its operators. XiMED does not have control over, and is in no manner responsible or liable for, the availability and content of the Web sites to which the XiMED Web site is linked. XiMED makes no representations whatsoever about any other site you may access through XiMED. Any concerns regarding any product or service offered by a Web site to which the XiMED Web site is linked or the link itself should be directed to the operator of that specific Web site and not to XiMED.

Children's Policy

We do not intend to collect any personally identifiable information from children through our Web site. Please do not allow children under the age of 13 to provide any personally identifiable information related to our Web site.

Copyright

All software and content included on this site, such as text, graphics, logos, button icons, images, audio clips, and software, are the owned or licensed property of XiMED or its software and content suppliers and protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all content on this site is the exclusive property of XiMED and protected by U.S. and international copyright laws. XiMED grants you permission to view and use content and software made available to you on the site in connection with your use of the site. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the content and software on this site is strictly prohibited.

Trademarks

The "XiMED" name is the property of XiMED, and it may not be used in connection with any product or service in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits XiMED.

All trademarks not owned by XiMED that appear on this Web site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by XiMED.

If you use the materials or trademarks on this Web site in a way that is not clearly allowed by these Terms of Use, you are violating your agreement with us and may be violating copyright, trademark, and other laws. In that case, we automatically revoke your permission to use this Web site. Title to the materials remains with us or with the authors of the materials contained on this Web site. All rights not expressly granted are reserved.

Disclaimer/ Warranty

YOU ASSUME ALL RESPONSIBILITY AND RISK FOR THE USE OF THIS WEB SITE AND THE INTERNET GENERALLY. THIS WEB SITE IS PROVIDED BY XiMED ON AN "AS IS" BASIS. XiMED MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, OR MATERIALS, OR PRODUCTS INCLUDED ON THIS WEB SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, XiMED DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHER PROPRIETARY RIGHTS, AND FREEDOM FROM ERRORS, VIRUSES, BUGS, OR OTHER HARMFUL COMPONENTS. XiMED WILL NOT BE LIABLE FOR ANY DAMAGES OR ANY KIND ARISING FROM THE USE OF THIS WEB SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL DAMAGES OR DAMAGES RESULTING FROM LOSS OF USE, DATA, OR PROFITS, OR BUSINESS INTERRUPTION ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE WEB SITE, ANY DELAYS ON THE WEB SITE, OR THE INABILITY TO USE THE WEB SITE, ANY PORTION THEREOF, OR ANY HYPERLINKED WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF XiMED HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

XiMED DOES NOT PRACTICE MEDICINE OR PROVIDE MEDICAL SERVICES OR ADVICE. ALL MEDICAL SERVICES PROVIDED BY XiMED PHYSICIANS ARE PROVIDED THROUGH SUCH PHYSICIANS' INDEPENDENT MEDICAL PRACTICES, AND NOT THROUGH XiMED. XiMED DOES NOT CONTROL OR SUPERVISE AND IS NOT RESPONSIBLE FOR THE XiMED PHYSICIANS OR THE MEDICAL SERVICES PROVIDED BY SUCH PHYSICIANS. XiMED WILL NOT BE LIABLE FOR ANY DAMAGES, CLAIMS, LIABILITY, LOSSES, OR EXPENSES OF ANY KIND OR NATURE RESULTING FROM OR IN ANY WAY CONNECTED TO THE REFERRAL TO OR INFORMATION ABOUT ANY XiMED PHYSICIAN OR OTHER HEALTH CARE PROVIDER FOR MEDICAL SERVICES, OR THE MEDICAL SERVICES PROVIDED, OR NOT PROVIDED BY ANY XiMED PHYSICIAN, OR OTHER HEALTH CARE PROVIDER.

General Terms

If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

If you violate these Terms of Use in a way that causes harm to others, you agree to hold XiMED harmless against any liability for that harm.

By using this Web site, you agree that the only proper jurisdiction and venue for any dispute with XiMED, or in any way relating to your use of this Web site, is in the state and federal courts in the State of California, U.S.A. These Terms of Use are governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles, and the federal laws of the United States.

Changes to Terms of Use

We reserve the right to update the Terms of Use statement at any time. Any changes or updates will be effective immediately upon posting to the Web site. Your use of this Web site constitutes acceptance of our Terms of Use. If you do not agree to the terms, please exit from this Web site immediately.