Terms of Use

Welcome to OrganTransportSystems.com, the Organ Transport Systems, Inc. ("OTS”) website (the “Site”). Please carefully review these Terms of Use (“Terms”). For purposes of these Terms, Organ Transport Systems, Inc. is referred to as “OTS,” “us,” “we,” and by words of similar meaning etc. Your 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. OTS also may make changes to these Terms, replace, amend or modify these Terms from time to time, with or without notice to you, which will be posted to this page and will become effective immediately upon posting. For this reason, please read these Terms each time you visit our Site. By using this web site, you accept the most recent version of the Terms.

These Terms were last updated May 22, 2011.

1. The Site, Information Accuracy and Modifications
We control and operate this Site from the United States of America. OTS makes no representation that the information in the Site is appropriate or available for use in other locations, and access to the Site from territories where the content of the Site may be illegal is prohibited. Those who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws.

OTS 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. OTS shall not be liable to you or any third party in the event that OTS 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. The information available on the Site should not be considered complete or exhaustive and may not reflect the most current information on transplantation or other matters. While OTS attempts to make sure the information included in the Site is accurate, there may be delays, omissions, or inaccuracies in the content provided on the Site. As a result, OTS does not represent that the information contained herein is complete, accurate and up to date in every case.

2. Copyright and Trademark Notice

The materials, 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 OTS, its affiliates or OTS’s third party licensors (“Content”) on the Site belong to or are licensed to OTS. The Content is protected by United States and foreign copyright laws. All of the trademarks, service marks and logos displayed on this Site are registered and unregistered trademarks of OTS or third parties who have licensed their trademarks to OTS or one of its affiliates or subsidiaries. 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; © the Content may not be modified or altered in any way; and (d) no graphics may be used separate from accompanying text. You may use the Content solely for your non-commercial, personal purposes.

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 OTS. Requests for such permission should be made to info@organtransportsystems.com. If you use the Content on this Site in a way that is not clearly allowed by these Terms of Use, you are violating your agreement with OTS and may be violating copyright, trademark, and other laws. In that case, we automatically revoke your permission to the Site. Any rights not expressly granted herein are reserved. Please be advised that OTS enforces its intellectual property rights to the fullest extent of the law.

You are prohibited from using any of the marks or logos appearing throughout the Site without permission from the trademark owner, except as permitted by applicable law.

3. No Medical Advice

Information on the Site is provided to further general understanding, awareness and knowledge of organ preservation and transplantation. The information on this Site is provided for informational purposes only and is not intended or recommended as a substitute for professional medical advice. OTS does not practice medicine or provide medical services or advice and the information on the Site should not be considered medical advice. Always seek the advice of your physician or other qualified health care provider regarding any medical condition or treatment. Health information changes quickly. Therefore, it is always best to confirm information with your health care professional.

We may also include certain information, reference guides and databases intended for use by licensed medical professionals. These tools are not intended to give professional medical advice. Physicians and other health care providers should always exercise their own clinical judgment for any given situation.

4. Regulatory Clearance/Approval

OTS’s products have not been approved for marketing by the Food and Drug Administration or other foreign regulatory agencies. The products discussed in this Site are either presently being investigated in clinical trials or are in pre-clinical research and development.

5. Feedback, Comments and Ideas

OTS is pleased to hear from visitors and welcomes your comments regarding the Site. Please be advised, however, that OTS and its employees do not accept or consider unsolicited ideas, including ideas for new products or technologies, processes, materials, advertising campaigns, marketing strategies, products, technologies, services, processes, materials, or product names, or new product names. We want you to understand that any information that you submit through the Site will be considered non-personal, non-confidential, and non-proprietary (other than personal information, as that term is defined in our Privacy Statement). Please do not send your unsolicited ideas or any original materials to OTS or anyone at OTS. If, in spite of our request that you not send us your ideas, you still send them, then regardless of what your posting, email, letter, or other transmission may say, (1) your idea will automatically become the property of OTS, without any compensation to you; (2) OTS will have no obligation to return your idea to you or respond to you in any way; (3) OTS will have no obligation to keep your idea confidential; and (4) OTS may use your idea for any purpose whatsoever, including giving your idea to others. If, despite this request, you still send OTS your ideas and materials, please understand that by submitting the information. Furthermore, you will be deemed to automatically assign OTS, 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 OTS that you have the right to do so.

6. Links to this Site and Other Websites

The Site may provide links to web sites operated by third parties. Links on the Site to third party web sites or information are provided solely as a convenience to you. If you use these links, you will leave the Site. Such links do not constitute or imply an endorsement, sponsorship, or recommendation by OTS of the third party, the third-party web site, or the information contained therein. OTS is not responsible for the availability of any such web sites. OTS is not responsible or liable for any such web site or the content thereon. If you use the links to the web sites of OTS affiliates or service providers, you will leave the Site, and will be subject to the terms of use and privacy policy applicable to those web sites. Please refer to the separate terms of use, privacy policies, and other rules posted on these linked sites 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 OTS. OTS does not review, monitor or check the accuracy of content published on third party sites, and is not responsible for the availability of, and content provided on, third party sites. If you choose to purchase any products or services from a third party, your relationship is directly with the third party and OTS is not responsible for any loss or damage of any sort you may incur from dealing with any third party. Third party web sites may contain information about uses of products that have not been approved or cleared by the U.S. Food and Drug Administration. OTS does not endorse or control this type of information.

In general, in the absence of any other agreement with OTS, you may link or hyper-link to the home page of the Site from your web site, subject to the following: (a) you notify us by email at info@organtransportsystems.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; © 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 OTS endorses you or your web site; (e) the link is identified using a plain text rendering of the OTS name and not any trademark or OTS logo; (f) the link or hyper-link to the Site is not used or presented in any way that disparages OTS or tarnishes, blurs, or dilutes the quality of OTS’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.

7. No Warranties

THE SITE AND ALL CONTENT, MATERIALS, INFORMATION, PRODUCTS AND SERVICES PROVIDED ON THE SITE, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. OTS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE 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. OTS 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; © 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. OTS 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 OTS OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

OTS DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE CONTENT, OR THAT ANY ERRORS IN THE CONTENT WILL BE CORRECTED.

8. Securities Laws

This Site may include forward looking statements that involve risks and uncertainties concerning our operations, prospects, strategies, financial condition, future economic performance and demand for our products or services, as well as our intentions, plans and objectives that are beyond our control. These statements are based upon a number of assumptions and estimates which are subject to significant uncertainties, many of which are beyond our control. When used on our Site, words like “anticipates,” “expects,” “believes,” “estimates,” “seeks,” “plans,” “intends,” “will” and similar expressions are intended to identify forward-looking statements designed to fall within securities law safe harbors for forward-looking statements. The Site and the information contained herein do not constitute an offer or solicitation of an offer for sale of any securities. We wish to caution the reader that actual results may differ from those discussed in the forward-looking statements and may be adversely affected by, among other things, risks associated with other factors including, without limitation, risks related to the progress, timing and results of OTS’s clinical trials, intellectual property matters, difficulties or delays in obtaining regulatory approval, and other risks detailed in OTS’s filings with the Securities and Exchange Commission.

9. Limitation of Liability

IN NO EVENT SHALL OTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR USE, FEES, FINES PENALTIES OR LIABILITIES, 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 OR WEBSITES ACCESSED THROUGH LINKS PROVIDED THROUGH THE SITE, EVEN IF OTS 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/WRONGFUL DEATH, PROPERTY DAMAGE, OPERATOR ERRORS, STRIKES OR OTHER LABOR PROBLEMS OR ANY FORCE MAJEURE. THIS PROTECTION COVERS OTS, ITS AGENTS, OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, SUCCESSORS, ASSIGNS AND SUPPLIERS MENTIONED ON THE SITE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

YOU AGREE THAT NEITHER OTS NOR ANY PERSON OR COMPANY ASSOCIATED WITH OTS SHALL BE LIABLE TO YOU FOR ANY ACTION THAT YOU TAKE BASED ON INFORMATION ON THE SITE. THIS SITE CONTAINS FORWARD-LOOKING STATEMENTS. BECAUSE SUCH STATEMENTS INVOLVE RISKS AND UNCERTAINTIES, INCLUDING, BUT NOT LIMITED TO, UNCERTAINTIES RELATED TO OTS’S EARLY STAGE OF DEVELOPMENT AND CLINICAL TRIALS AND DEPENDENCE ON COLLABORATIVE ARRANGEMENTS, ACTUAL RESULTS MAY DIFFER MATERIALLY.

IF YOU ARE DISSATISFIED WITH THE SITE, THE CONTENT, OR WITH THE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, OTS’S LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT SHALL, IN NO EVENT, EXCEED $100.00.

10. 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 OTS.

11. Privacy Policy

All information submitted to the Site, including but not limited to personally identifiable information, is treated in accordance with the OTS Privacy Policy for the United States.

12. Indemnity

You understand and agree that you are personally responsible for your behavior on the Site. You agree to indemnify, defend and hold harmless OTS, its parent companies, subsidiaries, affiliated companies, joint venturers, business partners, licensors, attorneys, shareholders, directors, officers, employees and agents, and any third-party information providers to OTS from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fees, resulting from or arising out of your use, misuse, or inability to use the Site or the Content, or any violation of these Terms. OTS, its parents, subsidiaries, affiliates, shareholders, directors, officers, employees and agents, 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.

13. Export Restrictions/Legal Compliance

OTS controls this Site from within the United States 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.

14. User Conduct

You agree to use the Site only for lawful purposes. You agree not to take any action that might compromise the security of the Site, render the Site inaccessible to others or otherwise cause damage to the Site or the Content. You agree not to add to, subtract from, or otherwise modify the Content, or to attempt to access any Content that is not intended for you. You agree not to use the Site in any manner that might interfere with the rights of third parties.

15. General

In 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. OTS’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.

Any and all disputes relating to these Terms, OTS’s Privacy Policy, your use of the Site, any other OTS web site, or the Content are governed by, and will be interpreted in accordance with, the laws of the State of Texas, without regard to any conflict of laws or choice of law provisions. These Terms shall be governed by and construed in accordance with the laws of the State of Texas 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 exercise personal jurisdiction in connection with any dispute involving OTS or its agents, affiliates, employees, officers, directors, successors, assigns, or suppliers by the state and federal courts located in Collin County, Texas.

OTS 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 OTS.

Please read our Privacy Policy to learn how we protect and use information that we gather through this web site. If you violate these Terms of Use or the Privacy Policy in a way that causes harm to others, you agree to hold OTS harmless against any liability for that harm.

These Terms, the Privacy Policy, any operating rules, policies, or procedures that may be posted from time to time by OTS 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 1, 2 (excluding the second paragraph), 3, 5, 7, and 8 through 17 shall survive termination of these Terms.

16. Acknowledgment

By accessing this Site or registering with OTS, 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 OTS at info@organtransportsystems.com.