Terms of Use

Terms and Conditions

Last updated: April 07, 2022

Please read these terms and conditions carefully before using Our Service.

Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of these Terms and Conditions:

  • Affiliate means an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
  • Country refers to: Minnesota, United States
  • Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to Harland Medical Systems, Inc., 7418 Washington Ave S..
  • Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
  • Service refers to the Website.
  • Terms and Conditions (also referred as “Terms”) mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.
  • Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
  • Website refers to Harland Medical Systems Site, accessible from https://harlandmedical.com
  • You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Acknowledgment

These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.

Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.

By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.

You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.

About the Information on this Website

Much of the information on this website relates to products and services offered by Harland. The materials on this website are for your general educational information only. Information you read on this website cannot replace the relationship that you have with your healthcare professional. Harland does not practice medicine or provide medical services or advice and the information on this website should not be considered medical advice. You should always talk to your healthcare professional for diagnosis and treatment.

Health information changes quickly. Therefore, it is always best to confirm information with your healthcare professional.

Our Copyrights & Trademarks

The materials on this website belong to or are licensed to us. The materials are protected by United States and foreign copyright laws. There are some important rules about copying these materials. You may e-mail, download, or print copies of the materials on this website, but only for your personal, noncommercial use. When you e-mail, download, or print a copy of the materials on this website, you must also include all copyright and other notices that are in the materials, including the copyright notice on the bottom of the page.

We also own the names we use for our products and services on this website, and these names are protected by United States and foreign trademark laws. An ® following a name on our website indicates that the trademark has been registered in the United States.

There may be special rules for the use of materials provided on certain parts of this website. These special rules will be posted near the materials.

If you use the materials or trademarks on this website 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 website. Title to the materials remains with us or with the authors of the materials contained on this website. All rights not expressly granted are reserved.

This website contains information about products and services approved and cleared for use in the United States, and is intended for a United States audience. If you live outside the U.S., you may see information on this website about products or therapies that are not approved or marketed in your country.

Information We Collect and Why; Basis for Collection
Harland Medical Systems, Inc. collects the following personal information from Users. Except as otherwise indicated below, Harland Medical Systems, Inc. does not collect personal information or personal data unless you voluntarily provide it to us. In addition, Harland Medical Systems, Inc.  limits the personal data it collects to information that is relevant for purposes of processing in relation to providing the Services, and a few ancillary purposes such as providing the newsletter and relevant event information.

  • Information You Give Us: All Users may visit the public areas of the Site without disclosing any personal information about themselves. However, in order to use certain Services, you may be asked to fill in dropdown menus or otherwise provide certain personal data such as your name, email address, mailing address, phone number and similar information. In most cases we only collect personal data from you that you choose to provide, or authorize us to collect. When you complete a form, or want to know whether Harland Medical Systems, Inc.  is appropriate for your specific needs, you may also be asked to provide your name, position, company name, address, telephone/mobile phone, email address and similar information for each party. Users may request to receive information from Harland Medical Systems, Inc., or to otherwise interact with Harland Medical Systems, Inc., in which case an email or other address may be collected in order to allow us to comply with the request, and for other purposes as may be disclosed to you at the time the request is made or otherwise as set forth in this Privacy Policy.
  • Purpose of Collection of Other Personal Data: 
  • Cookies: “Cookies” are small bits of electronic information that a website sends to a User’s browser for storage on your hard drive, which make your interaction with the Site more efficient by remembering you, so for example you may not have to reenter a User ID on a subsequent Site visit. Like most websites, we employ the use of “cookies” in certain areas of our Site and with certain Services to allow us to provide information that is targeted to your interests and optimizes your online experience, such as providing information of potential interest to you based on your use of the Services. Most cookies are “session cookies,” meaning that they are automatically deleted at the end of your session.  Moreover, you always have the right to decline our cookies by setting your web browser to reject cookies, although this may adversely affect the usability of the Site. In the event that you have accessed the Site from the UK or the European Union, consistent with GDPR and UK-GDPR requirements, you will be presented with a pop-up screen requiring consent to store the cookies described on such screen on your device (other than those that are essential to provide a Service) in order to continue to use the Site and its Services.
  • Tracked Information: Our servers automatically track certain information about you as you use our Site, some of which may contain personal data. This information may include the URL that you just came from, which URL you go to next, what browser you are using, which webpages and Services you use, how long you spend on particular webpages, and your IP address. Our Site logs track and collect aggregate and sometimes anonymized Site usage data, such as the number of hits and visits to our Site (“Usage Data”). This information is used for internal purposes by technical support staff to provide better services to the public and may also be provided to third parties, but the statistics are aggregate and contain no individual personal data. We do not ask for, collect or knowingly receive sensitive personal data (except to the extent it exists as part of human resources data in the United States). To the extent that the aggregate and anonymized Usage Data is obtained from European residents and is not fully de-identified, either we will rely on the legitimate interests of Harland Medical Systems, Inc.  in collecting such data to provide a better Site experience, or we will ask for your express consent.

How We Use and/or Disclose the Information
It is important to emphasize that Harland Medical Systems, Inc. never sells your personal information or data to third parties.  In addition, we will share the personal data we collect from you under the following circumstances:

  • Protection of rights. We will share personal data if we have a good faith belief that (i) access, use, preservation or disclosure of such information is reasonably necessary to satisfy any applicable law, regulation, legal process, such as a court order or subpoena, or a request by law enforcement or governmental authorities, (ii) such action is appropriate to enforce the Terms of Service for the Site, including any investigation of potential violations thereof, (iii) such action is necessary to detect, prevent, or otherwise address fraud, security or technical issues associated with the Services, or (iv) such action is appropriate to protect the rights, property or safety of Harland Medical Systems, Inc., its employees, Neutrals, or others.
  • Service Providers. In the event that we engage service providers as data processors on our behalf, then subject to appropriate confidentiality and security measures, including compliance with this Privacy Policy, we may share your personal data with them.  Any such third-party data processors are and/or will be subject to contractual agreements to ensure that they only process personal data provided by Harland Medical Systems, Inc. in a manner consistent with Harland Medical Systems, Inc. obligations under data protection agreements including Standard Contractual Clauses, and GDPR and UK-GDPR requirements as more fully described and made accessible to you below.
  • Marketing purposes. We will occasionally use your personal data for our own marketing purposes, subject to applicable law, and subject to your clearly indicated right to opt-out of receiving any such communications from us. If you are a resident of the European Union, we will require your express consent in order to be able to send your marketing-related communications, such as newsletters. We may send you emails, newsletters, articles of potential interest, and announcements that may be of interest to our Users.
  • Usage Data.  We may share Usage Data and other aggregated, anonymized information that shows patterns, trends, preferences, and other collective characteristics of our Users, with third parties. Disclosure of this information helps us and our marketing partners evaluate and tailor our communications, advertisements, Services and general business practices to the needs of our Users.
  • Public Authorities.  We may disclose your personal data in response to lawful requests by public authorities, including to meet national security or enforcement requirements. 

 

Links to Other Websites

Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.

The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.

Termination

We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.

Upon termination, Your right to use the Service will cease immediately.

Limitation of Liability

Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven’t purchased anything through the Service.

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party’s liability will be limited to the greatest extent permitted by law.

“AS IS” and “AS AVAILABLE” Disclaimer

The Service is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor any of the company’s provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

Governing Law

The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.

Disputes Resolution

If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.

For European Union (EU) Users

If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.

United States Legal Compliance

You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.

Severability and Waiver

Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not effect a party’s ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.

Translation Interpretation

These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.

Changes to These Terms and Conditions

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.

By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.

Contact Us

If you have any questions about these Terms and Conditions, You can contact us: