www.Levita.com and www.MagneticSurgery.com (referred to herein as the “Site”) are owned and operated by Levita Magnetics, Inc. (“Levita Magnetics”). The following terms and conditions (“Terms of Use”) govern your access to and use of the Site, and social media sites operated by Levita Magnetics, including any content, functionality and services offered on or through the Site. By using the Site, or any social media sites operated by Levita Magnetics, you agree to Terms of Use set forth below. If you do not agree to these terms and conditions, you are not authorized to access or use the Site. You must be at least 18 years old to use the Site.
We reserve the right to revise and update our Site, policies, and these Terms of Use from time to time at our sole discretion. All changes are effective immediately when we post them. Your continued use of the Site following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
The information presented on the Site or any social media sites operated by Levita Magnetics is not intended to be medical advice and should not be relied upon as such. Information provided through the Site or social media sites is not intended to replace consultation with a qualified medical professional. Levita Magnetics cannot answer specific medical questions in your e-mail requests or social media posts. You should consult a medical professional for any specific medical issues or questions you may have.
Privacy
Please review our Privacy Policy, which governs your visit to the Site, to understand our privacy practices.
Acceptable Use
All content of the Site is owned or controlled by Levita Magnetics and is protected by worldwide copyright, trademark and other intellectual property rights laws. You may download content only for your personal, non-commercial use, but no modification or further reproduction of the content is permitted. The content may otherwise not be copied or used in any way.
Levita, Magnetic Surgery, and all related trademarks, service marks, trade names, trade dress and products in the Site are trademarks of Levita Magnetics and protected in the United States and internationally. No use of any of these may be made without the prior, written authorization of Levita Magnetics, except to identify the products or services of the company.
Electronic Communication
Except as otherwise expressly provided herein or in our Privacy Policy, any communication or material you transmit to Levita Magnetics by electronic mail or otherwise, including without limitation any images, photographs, videos and social media site posts, is and will be treated as non-confidential and non-proprietary and may be used by Levita Magnetics or our affiliates for any purpose, including without limitation reproduction, modification, disclosure, transmission, publication, broadcast, and posting, and for advertising, publicity, or promotional purposes in any media without further permission, consent, payment, or other consideration, unless prohibited by law. Furthermore, Levita Magnetics and our affiliates are free to use any ideas, concepts, know-how, or techniques contained in any communication you send through the Site for any purpose whatsoever, including without limitation developing, manufacturing, and marketing products or services using information contained in such communication.
By submitting content on or through the Site, you hereby grant to Levita Magnetics and our affiliates a non-exclusive, fully paid and royalty-free, worldwide, limited license to use, copy, modify, publicly perform, publicly display, reformat, translate and excerpt (in whole or in part) such submitted content, and to grant and authorize sublicenses of the foregoing to our affiliates for display via third-party websites or applications. Even if you withdraw or request a return of any submitted content, such a request shall not terminate or impact the use rights granted by Levita Magnetics to third parties regarding such submitted content prior to such removal. By submitting content, you also warrant and represent that the content of the submission is accurate, not misleading, and will not violate the rights of any individual. If you do not wish to grant such rights to Levita Magnetics, do not submit content to the Site.
Disclaimer of Warranties
Levita Magnetics uses reasonable efforts to include up-to-date and accurate information in the Site, but makes no representations, warranties or assurances as to the accuracy, reliability, completeness, or timeliness of the materials provided on the Site. Levita Magnetics makes no representations or warranties that use of the Site will be uninterrupted or error-free. You alone are responsible for ensuring that any data you may obtain from the Site is free of viruses and any other potentially destructive material. Your use of the Site, its content and any services or items obtained through the Site is at your own risk.
The Site may provide links or references to other third-party websites as a convenience to the users of the Site. Levita Magnetics does not endorse, warrant, or verify the accuracy, reliability, completeness, or timeliness of such third-party websites and is not responsible for their content.
All materials on the Site are provided on an “As Is” and “As Available” basis. Levita Magnetics hereby disclaims all warranties of any kind, whether express or implied, statutory or otherwise, including but not limited to the implied warranties of merchantability, non-infringement and fitness for a particular purpose.
Limitation of Liability
Levita Magnetics shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, personal injury, pain and suffering, emotional distress, damages for loss of profits, goodwill, use, data or other intangible losses (even if Levita Magnetics has been advised of the possibility of such damages), resulting from your use of (or inability to use) the Site, any information transmitted to or received from the Site, or any other matter relating to the Site.
Indemnification
You agree to defend, indemnify and hold harmless Levita Magnetics, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Site, including, but not limited to, any use of the Site’s content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Site.
Governing Law and Jurisdiction
All matters relating to the Site and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Delaware without giving effect to any choice or conflict of law provision or rule (whether of the State of Delaware or any other jurisdiction). Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Site shall be instituted exclusively in courts situated in the State of Delaware, and you consent to the jurisdiction of such courts.
Waiver and Severability
No waiver by Levita Magnetics of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Levita Magnetics to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
Entire Agreement
The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and Levita Magnetics with respect to the Site and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Site.
Contact Us
If you have questions about the Terms of Use, Privacy Policy or your experience with any of our Sites, please contact us at info@levita.com.