TERMS OF USE AND CONDITIONS OF SALE
OVERVIEW
IMPORTANT – PLEASE CAREFULLY READ AND UNDERSTAND THESE TERMS OF SALE (“TERMS”
OR “AGREEMENT”) BEFORE ACCESSING, USING, OR PLACING AN ORDER THROUGH OUR
WEBSITE. THESE TERMS CONTAIN DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF
LIABILITIES (SEE SECTIONS 13 AND 14). THESE TERMS FORM AN ESSENTIAL BASIS OF OUR
AGREEMENT. PLEASE PRINT AND RETAIN A COPY OF THIS AGREEMENT FOR YOUR RECORDS.
IMPORTANT DISCLOSURE: USE OF CERTAIN NIVRO LLC PRODUCTS
IT IS ESSENTIAL FOR INDIVIDUALS TO PRIORITIZE THEIR PERSONAL SAFETY AND ALWAYS
FOLLOW THE INSTRUCTIONS WHEN USING OUR PRODUCTS. NIVRO LLC SHALL NOT BE HELD
LIABLE FOR ANY DAMAGES, INJURIES, OR LOSSES RESULTING FROM YOUR MISUSE OF ANY OF
OUR PRODUCTS. USERS ASSUME FULL RESPONSIBILITY FOR THEIR SAFETY AND THE
OUTCOMES OF ANY SITUATIONS IN WHICH OUR PRODUCTS ARE EMPLOYED. BY USING ANY
OF OUR PRODUCTS, YOU ACKNOWLEDGE AND ASSUME THE INHERENT RISKS OF SUCH
PRODUCTS AS SET FORTH IN THEIR USER MANUALS. SEE OTHER LIMITATIONS OF LIABILITY SET
FORTH IN THIS AGREEMENT.
Your use of https://heusom.com/, including any sub-domains thereof, affiliated websites, and
mobile applications (collectively, the “Website”), which are owned and maintained by Nivro LLC
(“Nivro,” “we,” “our,” “us”), are governed by the policies, terms, and conditions set forth below.
Please read them carefully. We offer the Website, including all information, tools, products, and
services available from the Website to you, the user, conditioned upon your acceptance of all
terms, conditions, policies, and notices stated here. By accessing, using, or placing an order
over the Website, you agree to the terms set forth herein. If you do not agree to these terms
and conditions in their entirety, you are not authorized to use the Website in any manner or
form whatsoever.
THIS AGREEMENT CONTAINS ARBITRATION AND CLASS ACTION WAIVER PROVISIONS THAT
WAIVE YOUR RIGHT TO A COURT HEARING, RIGHT TO A JURY TRIAL AND RIGHT TO
PARTICIPATE IN A CLASS ACTION. ARBITRATION IS MANDATORY AND IS THE EXCLUSIVE
REMEDY FOR ANY AND ALL DISPUTES UNLESS SPECIFIED BELOW IN SECTION 15 IF YOU
OPT-OUT. PLEASE CAREFULLY REVIEW THE DISPUTE RESOLUTION PROVISIONS IN SECTION 15
BELOW WHICH DESCRIBES YOUR RIGHT TO OPT-OUT.
You can review the most current version of the Terms at any time on this page
(https://heusom.com/pages/terms-of-service-1). We reserve the right to update, change, or
replace any part of these Terms by posting updates and/or changes to our Website. It is your
responsibility to check this page periodically for changes. YOUR CONTINUED USE OF OR ACCESS TO THE WEBSITE FOLLOWING THE POSTING OF ANY CHANGES CONSTITUTES BINDING ACCEPTANCE OF THOSE CHANGES.
TABLE OF CONTENTS
1. WEBSITE USE
2. PRIVACY & SECURITY DISCLOSURE
3. GENERAL CONDITIONS AND WEBSITE USER CONDUCT RESTRICTIONS
4. PRODUCTS SOLD FOR PERSONAL USE ONLY
5. NO MEDICAL ADVICE, AND THE ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION; SPECIFIC PRODUCT WARNINGS
6. MODIFICATIONS TO THE WEBSITE AND PRICES
7. PAYMENT
8. ORDER PLACEMENT AND ACCEPTANCE
9. SHIPPING
10. DELIVERY CONFIRMATION
11. RETURNS AND REFUNDS
12. SOCIAL MEDIA
13. DISCLAIMER OF WARRANTIES
14. DISCLAIMER OF LIABILITIES
15. DISPUTE RESOLUTION BY MANDATORY BINDING ARBITRATION AND CLASS ACTION WAIVER
16. INDEMNIFICATION
17. THIRD-PARTY WEBSITES AND LINKS
18. TESTIMONIALS, REVIEWS, AND OTHER SUBMISSIONS
19. DIGITAL MILLENNIUM COPYRIGHT ACT NOTICE
20. ELECTRONIC COMMUNICATIONS
21. ASSIGNMENT
22. NO WAIVER
23. SEVERABILITY
24. TERMINATION
25. ENTIRE AGREEMENT
26. QUESTIONS OR ADDITIONAL INFORMATIONQUESTIONS OR ADDITIONAL INFORMATION
TERMS OF SALE
1. WEBSITE USE
By using the Website and agreeing to these Terms, you represent that you are at least the age of
majority in your state or province of residence. If you use the Website, you affirm that you have the legal capacity to enter into a binding contract with us, have read this Agreement, and
understand and agree to its terms.
2. PRIVACY & SECURITY
DISCLOSURE
Our Privacy Policy may be viewed at https://heusom.com/policies/privacy-policy. The Privacy
Policy is incorporated into these Terms by reference and constitutes a part of these Terms.
3. GENERAL CONDITIONS AND WEBSITE USER CONDUCT RESTRICTIONS
All aspects of our Website are protected by U.S. and international copyright, trademark, and
other intellectual property laws. You do not acquire any ownership or other rights by
downloading or using the Website or any material on it.
You agree not to use or attempt to use the Website or any products or services in any unlawful
manner or for any unlawful purpose. You further agree not to commit any unlawful act or
attempt to commit any unlawful act on or through the Website including, but not limited to: (1)
hacking and other digital or physical attacks on the Website; (2) publishing abusive, vulgar,
obscene, or defamatory material; (3) soliciting others to perform or participate in any unlawful
acts; (4) violating any international, federal, provincial or state regulations, rules, laws, or local
ordinances; (5) infringing upon or violating our intellectual property rights or the intellectual
property rights of others; (6) harassing, abusing, insulting, harming, defaming, slandering,
disparaging, intimidating, or discriminating based on gender, sexual orientation, religion,
ethnicity, race, age, national origin, or disability; (7) submitting false or misleading information;
(8) uploading or transmitting viruses or any other type of malicious code that will or may be
used in any way that will affect the functionality or operation of the Website; (9) collecting or
tracking the personal information of others; (10) interfering with or circumventing the security
features of the Website; or (11) any other unlawful act.
Nivro reserves the right to terminate your access to the Website or any of its services if it
determines that you (1) do not comply with these Terms of Sale; (2) provide false, inaccurate, or
incomplete information during our registration process; (3) engage in any conduct that would
otherwise harm any of Nivro’s rights or interests in its Website, services, or other property; or
(4) for any or no reason whatsoever without prior notice to you. Nivro may take any other
actions necessary in this regard or seek any remedies permitted by law.
4. PRODUCTS SOLD FOR PERSONAL USE ONLY
You further agree that any products or services you purchase from Nivro on or through the
Website will be used for your personal, non-commercial use. You agree that you will not resell,
redistribute, modify, or export any product that you order from the Website. Resale of our
products outside of authorized channels can result in the product becoming materially different, which may affect safety, efficacy, or the ability to honor warranties or guarantees. We reserve
the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers,
resellers or distributors.
5. NO MEDICAL ADVICE AND THE ACCURACY, COMPLETENESS, AND TIMELINESS OF
INFORMATION; SPECIFIC PRODUCT WARNINGS
The material on the Website is provided for general informational purposes only and is not
intended as medical advice or as a substitute for seeking advice from a qualified healthcare
provider. The statements made on this Website have not been evaluated by the Food and Drug
Administration. You should consult your veterinary provider before using any information
provided by Nivro.
While we endeavor to provide accurate and current information on our Website, there may be
information on our Website that contains typographical errors, inaccuracies, or omissions
related to product descriptions, pricing, promotions, offers, product shipping charges, transit
times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions,
and to change or update information or cancel orders if any information on the Website or on
any related website is inaccurate at any time without prior notice (including after you have
submitted your order).
We have made every effort to display as accurately as possible the colors and images of our
products that appear on the Website. We cannot guarantee that your computer monitor's
display of any color will be accurate.
This Website may contain certain historical information. Historical information, necessarily, is
not current and is provided for your reference only. We reserve the right to modify the contents
of this Website at any time, but we have no obligation to update any information on our
Website. You agree that it is your responsibility to monitor changes to our Website.
6. MODIFICATIONS TO THE WEBSITE AND PRICES
We reserve the right to modify or discontinue access to the Website (or any part or content
thereof) without notice at any time. We shall not be liable to you or to any third party for any
modification, suspension, or discontinuance of access to the Website. Certain products or
services may be available exclusively online through the Website. These products or services
may have limited quantities and are subject to refund, return, or exchange only according to our
Shipping and Refund policies as set herein, or in your order confirmation.
All descriptions of products or product pricing are subject to change at any time without notice,
at our sole discretion. Any offer for any product or service made on this Website is void where
prohibited.
7. PAYMENT
All charges are in U.S. Dollars.
By submitting payment information to us, you represent and agree that: (i) you are fully
authorized to use that card or account; (ii) all payment information provided is complete and
accurate; (iii) you will be responsible for any payment card fees; and (iv) that sufficient funds
exist to pay us the amount(s) due.
We and our third-party payment service providers may request, and we may receive, updated
credit card information from your credit card issuer, such as updated card numbers and
expiration date information when your credit card has expired. If such updated information is
provided to us and our third-party payment service providers, we will update your account
information accordingly. Your credit card issuer may give you the right to opt-out of providing
vendors and third-party payment service providers with your updated credit card information.
If you wish to opt-out of your credit card’s updating service, you should contact your credit card
issuer.
We are not responsible for any fees or charges that your bank or credit card issuer may apply. If
your bank or credit card issuer reverses a charge to your credit card, we may bill you directly
and seek payment by another method including a mailed statement.
8. ORDER PLACEMENT AND ACCEPTANCE
Your electronic order confirmation, or any form of confirmation, does not signify our
acceptance of your order. We reserve the right to accept or deny shipment to anyone for any
reason. In the event we deny your order, you will receive a refund to your original form of
payment. You understand and agree that we will not be liable for any losses or damages that
may result from our refusal to provide you any product or service. We reserve the right to
require additional information before processing any order.
9. SHIPPING
Nivro ships to addresses located in the United States and internationally. Delivery times for
orders varies based on location. Please visit our Website for additional terms that may apply to
your order. You may track your order here.
Accurate shipping address and phone number are required. We are not responsible for late
shipments/missing shipments if you enter incorrect shipping address information. If you
discover that you have made a mistake with your order after it has been submitted, please
contact Customer Support by phone or email (458-309-9834/help@heusom.com) immediately,
or by filling out the web form here. You must contact us as soon as possible in order to modify or cancel your pending order. However, we frequently ship the same day that you order, so we
cannot guarantee that we will be able to amend your order in accordance with your
instructions.
10. DELIVERY CONFIRMATION
Because many instances may occur at your delivery address that are beyond our control, you
agree that any delivery confirmation provided by the carrier is sufficient proof of delivery, even
without a signature.
11. RETURNS AND REFUNDS
Nivro wants you to be satisfied with your experience with us so we have made returning or
exchanging products easy. If you receive the wrong item or if it arrives damaged or defective,
please visit the Refund Policy on our Website for additional information about how to return or
exchange a product or request a refund. All sales are final after 60 days from order fulfillment.
After the shipping department receives your return, it generally takes ten business days to
process your refund. Once a return is processed, it may take up to ten days for the return to be
posted to your account, depending on your financial institution. We are not responsible for lost
or stolen items. We recommend sending all returned items using some type of delivery
confirmation system to ensure proper delivery. For any questions about our refund policy,
please contact us.
12. SOCIAL MEDIA
This section applies to everyone who interacts with our social media presence, including
comment sections, feeds, and other elements of social media presence viewable on Facebook,
Instagram, YouTube, Pinterest, Twitter, Google+, LinkedIn, or any of the many other available
external third-party social media platforms we may use (“Social Media Presence”).
The sites and platforms that host our Social Media Presence are not controlled by us and
therefore have their own privacy policies and terms of use. The comments and opinions
expressed by users on social media are theirs alone and do not reflect the opinions of Nivro, and
we have no obligation to monitor or remove user comments. If you see an offensive or
inappropriate post or comment on our Social Media Presence, you should report it to the
operator of the applicable site or platform using the procedures they have established for that
purpose.
13. DISCLAIMER OF WARRANTIES
EXCEPT WHERE PROHIBITED BY LAW, THIS WEBSITE AND ALL PRODUCTS PROVIDED ARE
PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER
EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE MAKE NO,
AND EXPRESSLY DISCLAIM ANY AND ALL, REPRESENTATIONS AND WARRANTIES AS TO THE
RELIABILITY,
TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY AND/OR
COMPLETENESS OF ANY INFORMATION ON THIS WEBSITE. WE DO NOT REPRESENT OR
WARRANT, AND EXPRESSLY DISCLAIM THAT: (A) OUR PRODUCTS, SERVICES, INFORMATION, OR
OTHER MATERIAL PURCHASED OR OBTAINED THROUGH THE WEBSITE WILL MEET YOUR
REQUIREMENTS OR EXPECTATIONS, OR (B) THE WEBSITE OR THE SERVER(S) THAT MAKE THE
WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ALL
CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY
OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT OF
THIRD-PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW.
14. DISCLAIMER OF LIABILITIES
EXCEPT WHERE PROHIBITED BY LAW, IN NO EVENT SHALL NIVRO OR ANY OF ITS OFFICERS,
DIRECTORS, SHAREHOLDERS, EMPLOYEES, INDEPENDENT CONTRACTORS, AND/OR AGENTS BE
LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, PUNITIVE, OR
ANY OTHER DAMAGES, FEES, COSTS OR CLAIMS ARISING FROM OR RELATED TO THIS
AGREEMENT, THE PRIVACY POLICY, THE PRODUCTS, OR YOUR OR A THIRD-PARTY’S USE OR
ATTEMPTED USE OF THE WEBSITE OR ANY PRODUCT, REGARDLESS OF WHETHER NIVRO HAS
HAD NOTICE OF THE POSSIBILITY OF SUCH DAMAGES, FEES, COSTS, OR CLAIMS. THIS INCLUDES,
WITHOUT LIMITATION, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL,
COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR PRODUCTS, OR ANY OTHER INDIRECT,
SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR OTHER DAMAGES. THIS APPLIES
REGARDLESS OF THE MANNER IN WHICH DAMAGES ARE ALLEGEDLY CAUSED, AND ON ANY
THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE
AND STRICT LIABILITY), WARRANTY, OR OTHERWISE. IF, NOTWITHSTANDING THE LIMITATIONS
OF LIABILITY SET FORTH ABOVE, NIVRO IS FOUND LIABLE UNDER ANY THEORY, NIVRO’S
LIABILITY AND YOUR EXCLUSIVE REMEDY WILL BE LIMITED TO USD $500.00. THIS LIMITATION
OF LIABILITY SHALL APPLY FOR ALL CLAIMS, REGARDLESS OF WHETHER NIVRO WAS AWARE OF
OR ADVISED IN ADVANCE OF THE POSSIBILITY OF DAMAGES OR SUCH CLAIMS. SOME STATES
DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE
EXCLUSIONS MAY NOT APPLY TO YOU AND YOU MAY HAVE ADDITIONAL RIGHTS.
15. DISPUTE RESOLUTION BY MANDATORY BINDING ARBITRATION AND CLASS ACTION
WAIVER
PLEASE READ THIS PROVISION CAREFULLY; IT REQUIRES YOU TO ARBITRATE ANY DISPUTE OR
CLAIM BETWEEN YOU AND NIVRO ON AN INDIVIDUAL BASIS.
YOU AGREE THAT ANY DISPUTE OR CLAIM ARISING FROM OR RELATING TO THIS ARBITRATION
PROVISION, NIVRO’S PRIVACY POLICY OR TERMS OF SALE, NIVRO’S ADVERTISING OR
MARKETING PRACTICES, OR NIVRO’S PRODUCTS OR SERVICES SHALL BE SUBMITTED TO
BINDING, FINAL, AND CONFIDENTIAL ARBITRATION BEFORE A SINGLE ARBITRATOR
ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) UNDER ITS CONSUMER
ARBITRATION RULES. THIS ARBITRATION PROVISION SHALL BE GOVERNED BY THE FEDERAL
ARBITRATION ACT (“FAA”), 9 U.S.C. §§ 1-16, AND THE ARBITRATOR SHALL BE BOUND BY THE
TERMS OF THIS ARBITRATION PROVISION. THE ARBITRATOR SHALL HAVE THE EXCLUSIVE AND
SOLE AUTHORITY FOR DETERMINING WHETHER A DISPUTE OR CLAIM IS ARBITRABLE. THE
ARBITRATOR SHALL FOLLOW APPLICABLE SUBSTANTIVE LAW OF THE STATE OF WYOMING TO
THE EXTENT CONSISTENT WITH THE FAA, AND SHALL BE AUTHORIZED TO AWARD ALL REMEDIES
AVAILABLE IN AN INDIVIDUAL LAWSUIT UNDER SUBSTANTIVE LAW, INCLUDING, WITHOUT
LIMITATION, COMPENSATORY, STATUTORY AND PUNITIVE DAMAGES, DECLARATIVE, INJUNCTIVE AND OTHER EQUITABLE RELIEF, INCLUDING PUBLIC INJUNCTIVE RELIEF, AND ATTORNEYS’ FEES
AND COSTS WHERE AVAILABLE UNDER APPLICABLE SUBSTANTIVE LAW. THE ARBITRATOR MAY
ONLY RESOLVE DISPUTES OR CLAIMS BETWEEN YOU AND NIVRO AND MAY NOT CONSOLIDATE
CLAIMS OR PROCEEDINGS WITHOUT NIVRO’S CONSENT. THE ARBITRATOR MAY NOT HEAR
CLASS OR REPRESENTATIVE CLAIMS OR REQUESTS FOR RELIEF ON BEHALF OF OTHER
INDIVIDUALS. IF A COURT OR ARBITRATOR DECIDES THAT ANY PART OF THIS AGREEMENT TO
ARBITRATE CANNOT BE ENFORCED AS TO A PARTICULAR CLAIM FOR RELIEF OR REMEDY, THEN
THAT CLAIM OR REMEDY (AND ONLY THAT CLAIM OR REMEDY) MUST BE BROUGHT IN COURT
AND ANY OTHER CLAIMS MUST BE ARBITRATED.
NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, YOU AGREE THAT NIVRO HAS THE
RIGHT TO BRING A CLAIM AGAINST YOU IN THE STATE OR FEDERAL COURTS OF WYOMING FOR
INJUNCTIVE RELIEF, EQUITABLE RELIEF, OR OTHERWISE ARISING FROM ANY POTENTIAL OR
ACTUAL MISAPPROPRIATION OR INFRINGEMENT OF NIVRO’S INTELLECTUAL PROPERTY RIGHTS
AND YOU AGREE THAT VENUE IS PROPER AND THAT YOU ARE SUBJECT TO PERSONAL
JURISDICTION IN SUCH FORUM.
UNLESS YOU TIMELY OPT-OUT, YOU WILL NOT HAVE THE RIGHT TO: (A) HAVE A COURT OR JURY
DECIDE YOUR DISPUTE OR CLAIM; (B) OBTAIN INFORMATION PRIOR TO THE HEARING TO THE
SAME EXTENT THAT YOU WOULD HAVE IN COURT; (C) PARTICIPATE IN A CLASS ACTION IN
COURT OR IN ARBITRATION, EITHER AS A CLASS REPRESENTATIVE, CLASS MEMBER, OR CLASS
OPPONENT; (D) ACT AS A PRIVATE ATTORNEY GENERAL IN COURT OR IN ARBITRATION; OR (E)
JOIN OR CONSOLIDATE YOUR DISPUTE OR CLAIM WITH THE DISPUTE OR CLAIM OF ANY OTHER
PERSON. OTHER RIGHTS THAT YOU WOULD HAVE HAD IF YOU WENT TO COURT MAY ALSO NOT
BE AVAILABLE IN ARBITRATION.
YOU MAY OPT OUT OF ARBITRATION WITHIN 30 DAYS OF THE DATE THAT YOU PURCHASED A
PRODUCT OR SERVICE THROUGH NIVRO’S WEBSITE BY SENDING A LETTER TO: NIVRO LLC ATTN.
LEGAL DEPARTMENT, 30 N GOULD ST SHERIDAN, SHERIDAN 82801-6317, US, STATING YOUR
NAME, THE PRODUCT YOU PURCHASED, AND YOUR INTENT TO OPT OUT OF ARBITRATION.
16. INDEMNIFICATION
To the fullest extent permitted by law, you agree to indemnify, defend, and hold harmless Nivro,
its parent, subsidiaries, predecessors, successors and affiliates, and their respective partners,
officers, directors, agents, representatives, contractors, licensors, service providers,
subcontractors, suppliers, interns, and employees, from and against any and all claims, actions,
losses, liabilities, damages, expenses, demands and costs of any kind, including, but not limited
to, reasonable attorneys’ fees, arising out of, resulting from, or in any way connected with or
related to (1) your breach of these Terms, the documents they incorporate by reference, or the Agreement; (2) your breach of any representations or warranties in this Agreement; or (3) your
violation of any law or the rights of a third-party.
17. THIRD-PARTY WEBSITES AND LINKS
Our Website may include materials from third-parties or links to third-party websites. We are
not liable for any third-party materials or websites. We are not liable for any harm or damages
related to the purchase or use of goods, services, resources, content, or any other transactions
made in connection with any third-party websites. Please review carefully the third-party’s
policies and practices and make sure you understand them before you engage in any
transaction. Complaints, claims, concerns, or questions regarding third-party products should
be directed to the applicable third-party.
18. TESTIMONIALS, REVIEWS, AND OTHER SUBMISSIONS
Nivro is pleased to hear from users and customers and welcomes your comments regarding our
services and products. You agree that anything you submit or post to the Website and/or
provide us, including without limitation, photographs, testimonials, ideas, know-how,
techniques, questions, reviews, comments, and suggestions (collectively, “Submissions”) is and
will be treated as non-confidential and nonproprietary, and that we shall have the royalty-free,
worldwide, perpetual, irrevocable, and transferable right to use, copy, distribute, display,
publish, perform, sell, lease, transmit, adapt, and create derivative works from such
Submissions by any means and in any form. You agree that any Submission that you provide us
is true and accurate in all respects and does not infringe or interfere with the intellectual
property rights of any third party. You agree that Nivro may use a Submission, in whole or in
part, together with the name of the person submitting it. You agree that Submissions, including
testimonials, may be used for any form of advertising relating to Nivro’s products or services, in
printed and online media, as Nivro determines in its absolute discretion. These testimonials do
not represent the generally expected user experience.
19. DIGITAL MILLENNIUM COPYRIGHT ACT NOTICE; INTELLECTUAL PROPERTY RIGHTS
a. DMCA Notice
This Website maintains specific contact information provided below, including an email address,
for notifications of claimed infringement regarding materials posted to this Website. All notices
should be addressed to the following contact person:
Notification of Claimed Infringement:
Nivro LLC
Attn: DMCA/Copyright Agent
30 N GOULD ST SHERIDAN, SHERIDAN 82801-6317
Tel: (458) 309-9834
Email: help@heusom.com
You may contact our agent for notice of claimed infringement specified above with complaints
regarding allegedly infringing posted material and we will investigate those complaints. If the
posted material is believed in good faith by us to violate any applicable law, we will remove or
disable access to any such material, and we will notify the posting party that the material has
been blocked or removed.
In notifying us of alleged copyright infringement, the Digital Millennium Copyright Act requires
that you include the following information: (i) description of the copyrighted work that is the
subject of claimed infringement; (ii) description of the infringing material and information
sufficient to permit us to locate the alleged material; (iii) contact information for you, including
your address, telephone number and/or email address; (iv) a statement by you that you have a
good faith belief that the material in the manner complained of is not authorized by the
copyright owner, or its agent, or by the operation of any law; (v) a statement by you, signed
under penalty of perjury, that the information in the notification is accurate and that you have
the authority to enforce the copyrights that are claimed to be infringed; and (vi) a physical or
electronic signature of the copyright owner or a person authorized to act on the copyright
owner’s behalf. Failure to include all of the above-listed information may result in the delay of
the processing of your complaint.
b. Intellectual Property Rights, License
The audio and video materials, images, photographs, articles, opinions, and other text, graphics,
illustrations, logos, depictions, layouts, compilations, designs, interfaces, digital downloads,
software, data compilations and other content associated with the Website (the “Content”) are
owned or licensed by and to Nivro or other authorized third parties and are protected by
intellectual property, copyright, trademark, trade dress and other laws in the U.S. and in other
countries. You must comply with all such laws and applicable copyright, trademark or other
legal notices or restrictions. You shall not remove or alter any copyright, trademark, or other
legal notices marked on the Content. As between you and Nivro, we will retain all right, title,
and interest in and to the Website and the Content. No transfer of ownership to any portion of
the Content shall be made as a result of any access you are granted. Except as expressly set
forth in these Terms of Sale or expressly granted to you in writing by Nivro, no rights are granted
to you. You agree to abide by any and all additional copyright notices, information or
restrictions contained in any part of the Website. The compilation of the Content on the
Website is the exclusive property of Nivro.
You are only permitted to access and view the Content for personal, non-commercial purposes
in accordance with these Terms of Sale, and may not build a business or other enterprise
utilizing any of the Content, whether for profit or not. Except as provided in these Terms of Sale
or otherwise expressly authorized by us in writing, you may not (either directly or through the
use of any software, device, internet site, web-based service or other means) download, stream
capture, store in a database, archive or otherwise copy any part of the Website or Content;
upload, sell, rent, lease, lend, broadcast, transmit or otherwise disseminate, distribute, display
or perform any part of the Website or Content; license or sublicense any part of the Website or
Content; or in any way exploit any part of the Website or Content. In addition, except as
provided in this Terms of Sale or otherwise expressly authorized by us in writing, you are strictly
prohibited from modifying Content; creating, distributing or advertising an index of any
significant portion of the Content; or otherwise creating derivative works or materials that
otherwise are derived from or based in any way on the Content, including mash-ups and similar
videos, montages, translations, desktop themes, fonts, icons, wallpaper, greeting cards, and
merchandise. This prohibition from creating derivative works is applicable even if you intend to
give away the derivative material free of charge.
c. Copyright
The copyright in all materials provided on the Website is owned by Nivro or its affiliate(s).
Except as stated herein, none of the material contained in the Website may be copied,
reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form
or by any means, including, but not limited to, electronic, mechanical, photocopying, recording
or otherwise, without the prior written consent of Nivro. Permission is hereby granted to view,
copy, print and download the materials on the Website for personal, noncommercial use only,
provided such materials are used solely for informational purposes, and all copies, or portions
thereof, include this copyright notice. Nivro may revoke any of the foregoing rights at any time.
You may not, without Nivro’s prior written consent, "mirror" any material contained on the
Website on any other server. Upon termination of any rights extended hereunder, you must
immediately destroy any downloaded and printed materials obtained from any Website. Any
unauthorized use of any material contained on the Website may violate copyright laws,
trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
d. Trademarks
The trademarks, service marks and logos ("Trademarks") used and displayed on the Website are
registered or unregistered Trademarks of Nivro. Nothing on the Website shall be construed as
granting, by implication, estoppel or otherwise any license or right to use any Trademark
displayed on the Website without the prior written consent of the Trademark owner. The name
of Nivro or any Trademark may not be used in any way including in any advertising or publicity
pertaining to distribution of materials on the Website without the prior written consent of Nivro. Nivro prohibits the use of any Nivro logo and Trademark as a "hot" link to any web site
unless establishment of such link is approved in advance by Nivro in writing.
20. ELECTRONIC COMMUNICATIONS
You agree that we may communicate electronically with you and that such communications, as
well as notices, disclosures, agreements, and other communications that we provide to you
electronically, are equivalent to communications in writing and shall have the same force and
effect as if they were in writing and signed by the party sending the communication.
21. ASSIGNMENT
You may not assign any of your rights under these Terms, and any such attempt will be null and
void. Nivro and its affiliates may, in their individual discretion, transfer, without further consent
or notification, all contractual rights and obligations pursuant to these Terms if some or all of
Nivro’s business is transferred to another entity by way of merger, sale of its assets or
otherwise.
22. NO WAIVER
No waiver by Nivro of any term or condition set forth in these Terms 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 by Nivro to assert a right or provision under these Terms shall not constitute a waiver
of such right or provision.
23. SEVERABILITY
In the event that any provision of these Terms is determined to be unlawful, void or
unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted
by applicable law, and the unenforceable portion shall be deemed to be severed from these
Terms. Such determination shall not affect the validity and enforceability of any other
remaining provisions.
24. TERMINATION
In the event that we terminate this Agreement, Sections 2-5, 12-16, 18-25, as well as any
representations, warranties, and other obligations made or taken by you, shall survive the
termination of this Agreement.
25. ENTIRE AGREEMENT
These Terms, the Agreement, and any policies or operating rules posted by us on the Website or
in respect to the Website constitute the entire agreement and understanding between you and Nivro and supersedes and replaces any prior or contemporaneous agreements. Any ambiguities
in the interpretation of these Terms or the Agreement shall not be construed against the
drafting party.
26. QUESTIONS OR ADDITIONAL INFORMATION
Please contact Customer Support if you have any questions concerning your purchase.
Additional information can be located on our Website.
Nivro
Email: help@heusom.com
Tel. (458) 309-9834