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© 2018 ViewRay Technologies, Inc. (“ViewRay”). All rights reserved. All of the trademarks, service marks and logos displayed on this website (the “Trademark(s)”) are registered and unregistered trademarks of one of its affiliates, or third parties who have licensed their Trademarks to ViewRay one of its affiliates. Reproduction of any of the material contained herein in any format or media without the express written permission of ViewRay is prohibited.

VIEWRAY WEBSITE TERMS AND CONDITIONS OF USE

Welcome to ViewRay Technologies, Inc.’s (a wholly owned subsidiary of ViewRay, Inc.) (“ViewRay”) website: www.ViewRay.com (“Site”). This Site is maintained as a service to our customers and patients. By using the Site, you agree to comply with and be bound by the following terms and conditions of use (“Terms”). Please review these Terms carefully. If you do not agree to these Terms, you should not use this Site.

BY ACCESSING, VISITING, BROWSING, USING OR ATTEMPTING TO INTERACT WITH OR USE ANY PART OF THIS SITE, CONTENT MADE AVAILABLE ON THIS SITE (COLLECTIVELY “SERVICE”), YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS.  

CALL 911 FOR AN EMERGENCY. THIS SITE DOES NOT PROVIDE MEDICAL ADVICE. IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL YOUR DOCTOR OR 911 IMMEDIATELY.

  1. No Practice of Medicine/ Medical Advice Disclaimer. This Site has been designed to provide general information about ViewRay and its products. These pages are not intended to provide medical advice, nor do they provide instruction on the appropriate use of products produced or supplied by ViewRay or its Affiliates. Patients should not rely on the content on this Site even those intended for use by them, and must consult with their own health care providers for diagnosis and treatment. For official information on our products, please consult our Instructions for Use and associated labeling.
  2. Agreement. These Terms specify the terms and conditions for access to and use of the Site and various related Services, and describes the terms and conditions applicable to your access of and use of the Site. In addition, when using particular Services or materials on the Site or interacting with the Site or providing information, you may be subject to additional posted guidelines or rules applicable to such Services, materials or purchases that contain terms and conditions in addition to these Terms. All such additional guidelines or rules are hereby incorporated by reference. ViewRay may modify these Terms at any time by posting such modified Terms on the Site. Any such modifications shall be effective immediately. It is your responsibility to review the Site periodically and to be aware of any modifications. You can view the most recent version of these Terms at any time at viewray.com Each use by you shall constitute and be deemed your unconditional acceptance of the most current version of these Terms.
  3. Privacy and Site Registration. In addition, when using our Site, you shall be subject to any posted policies, guidelines or rules applicable to use of the Site, including, but not limited to, our Privacy Policy, which can be found at viewray.com. All such policies, guidelines and rules are hereby incorporated by reference into these Terms.

In order to receive access some of the Services on the Site, you will be required to have a separate account and password that can be obtained by completing our online registration form, which requests certain information and data (“Registration Data”). By registering, you agree that all information provided in the Registration Data is true and accurate and that you will maintain and update this information to keep it current, complete and accurate. You also grant us the right to disclose to third parties your Registration Data consistent with the Privacy Policy. You are solely responsible for maintaining the confidentiality of your password and account and for any and all statements made and acts or omissions that occur through the use of your password and account, including any communications sent and any charges incurred. Therefore, you must take steps to ensure that others do not gain access to your password and account. Our personnel will never ask you for your password. You may not transfer or share your account with anyone, and we reserve the right to immediately terminate your account in the event of any unauthorized transfer or sharing thereof or improper use of our Site or Services.

  1. Conduct on Site. Your use of the Site is subject to all applicable laws and regulations and you are solely responsible for the contents of your communications through the Site. By posting information in or otherwise using any chat room, message board or other interactive service that may be available to you on or through this Site, you agree that you will not upload, share, post, or otherwise distribute or facilitate distribution of any content – including text, communications, software, images, sounds, data, or other information – that:
  • Is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or otherwise violates our rules or policies;
  • Victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
  • Infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;
  • Constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (also known as “spamming”), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
  • Contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; or
  • Impersonates any person or entity, including any of our employees or representatives.

 

We neither endorse nor assume any liability for the content of any material uploaded or submitted by third party users of the Site. We generally do not pre-screen, monitor, or edit the content posted by users of chat rooms, message boards or other interactive services that may be available on or through this Site. However, we and our agents have the right at our sole discretion to remove any content that, in our judgment, does not comply with these Terms and any other rules of user conduct for our Site, or is otherwise harmful, objectionable or inaccurate. We are not responsible for any failure or delay in removing such content. You hereby consent to such removal and waive any claim against us arising out of such removal of content.

In addition, you may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server. Not all areas of the Site may be available to you or other authorized users of the Site. You shall not interfere with anyone else’s use and enjoyment of the Site or other similar Services. Users who violate systems or network security may incur criminal or civil liability. We reserve the right to immediately terminate or suspend your account in the event if you violate the Terms or common decency.

  1. Intended Audience. This Site and the Services are intended for adults only and are not intended for any children under the age of 13. Most of our Site, unless specifically indicated (labelled for patients) is intended only for health care professionals. Although this Site may be accessible worldwide, we make no representation that products or materials on this Site are approved, cleared, appropriate or available for purchase and/or use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with local laws. Any promotion or offer for any product, material, service and/or information made in connection with this Site is void where prohibited.
  2. Ownership. References to our “Affiliates” include ViewRay Technologies, Inc., our owners, subsidiaries, affiliated companies, licensors, licensees, officers, directors, vendors, service providers, suppliers, partners and advertisers, and includes, without limitation, all parties involved in creating, producing, and/or delivering this Site and its contents. All content included on this Site is and shall continue to be the property of ViewRay and its Affiliates or its content suppliers and is protected under applicable copyright, patent, trademark, and other applicable laws. Any copying, redistribution, use or publication by you of any such content or any part of the Site is prohibited, except as expressly permitted in these Terms. Under no circumstances will you acquire any ownership rights or other interest in any content by or through your use of this Site.
  3. Trademarks & Copyright. All product names, trademarks, service marks, logos, and copyrighted works, regardless of whether or not they appear in large or italicized print or with the trademark or registered trademark symbols, appearing in this Site are the property of ViewRay, its Affiliates or the party that provided such intellectual property to ViewRay, unless otherwise noted. The entire content of the ViewRay website, including any images or text, is copyrighted and may not be distributed, downloaded, modified, reused, reposted, or otherwise used except as provided herein without the express written permission of ViewRay. The use or misuse of these trademarks, copyrights, or other materials, except as permitted herein, is expressly prohibited and may be in violation of copyright law, trademark law, communications regulations and statutes, and other laws, statutes and/or regulations. ViewRay and any party that provides intellectual property to the Site retain all rights with respect to any of their respective intellectual property appearing in this Site, and no rights in such materials are transferred or assigned to you.
  4. Use of Information and User’s Contributions. Subject to our Privacy Policy, any communication, ideas, concepts, know-how, techniques, material or other information (“Contributions”) that you transmit to this Site or to us, whether by e-mail or other means, for any reason: (1) will be treated as nonconfidential and nonproprietary, (2) will automatically become the property of ViewRay, without any compensation to you; and (3) may be used, redistributed, modified, published, distributed and displayed worldwide, for any purpose and in any way. Subject to our Privacy Policy, you waive any intellectual property or other rights you may have with respect to such Contributions. You represent and warrant that you own or control all rights in and to such Contributions and have the right to grant the above rights and that your Contributions comply with these Terms. You understand and acknowledge that you are responsible for any Contributions you submit and that you are fully responsible for such content, including its legality, reliability, accuracy and appropriateness. We are not responsible or liable to any third party for the content or accuracy of any user Contributions submitted or posted by you or any other user of the Site. We reserve the right, and you authorize us, to use and assign all information regarding Site uses by you and all Contributions and other information provided by you in any manner consistent with our Privacy Policy. We also reserve the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request.
  5. 9. Site Use. We and our Affiliates grant you a limited, revocable, nonexclusive license to use this Site solely for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. You agree not to copy materials on the Site, reverse engineer or break into the Site, or use materials, products or services in violation of any law. The use of this Site is at our sole discretion and we may terminate your use of this Site at any time without notice. You further acknowledge that we will cooperate fully with investigations of violations of systems or network security at other sites and will cooperate with law enforcement in investigating suspected criminal violations.
  6. Compliance with Laws. You agree to comply with all applicable laws regarding your use of the Site. If you are outside the United States you must comply with all local laws with respect to your online conduct, as well as the laws governing the export of data to or from the United States or to or from your country or residence. You further agree that information provided by you is truthful and accurate to the best of your knowledge and acknowledge that you are solely responsible for the content of your communications made via the Site and that all such communications will comply with our Privacy Policy and these Terms.
  7. Indemnification. You agree to indemnify, defend and hold us and our Affiliates, partners, and employees harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, related to your violation of these Terms or use of the Site.
  8. 12. Disclaimer/ No Warranties.

(a) ViewRay makes no warranties or representations as to the accuracy of information presented on this Site. This Site and any information or Services provided through the Site are provided on an “as is” and “as available” basis. Information on this Site may contain technical inaccuracies, typographical errors or be out of date. Information may be changed or updated without notice. ViewRay shall not be held responsible for any action taken that is based on the information presented on the Site, and all users of this Site agree that all access and use of the website, and any and all content presented on the Site, is at the user’s own risk.

(b) VIEWRAY AND OUR AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT (1) THE SITE WILL MEET YOUR REQUIREMENTS, (2) THE SITE, AND ANY INFORMATION OR SERVICE PROVIDED BY THE SITE, WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (3) THE RESULTS OF USING THE SITE, AND ANY INFORMATION OR SERVICE PROVIDED BY THE SITE, WILL BE ACCURATE OR RELIABLE, (4) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED THROUGH YOUR USE OF THE SITE WILL MEET YOUR EXPECTATIONS, OR (5) THAT ANY ERRORS IN ANY SOFTWARE UTILIZED BY THE SITE WILL BE CORRECTED. YOU ARE RESPONSIBLE FOR TAKING ALL PRECAUTIONS NECESSARY TO ENSURE THAT ANY CONTENT YOU MAY OBTAIN FROM THIS SITE IS FREE OF VIRUSES AND ANY OTHER POTENTIALLY DESTRUCTIVE COMPUTER CODE.

No advice or information, whether oral or written, obtained by you from or through the Site shall create a warranty not expressly stated in these Terms.

  1. Testimonials. The interviews and quotations on this website from patients, surgeons, administrators and others describe those individuals’ personal experiences with the MRIdian®, ViewRay or our other products or services. As you read, please remember that the experience is specific to the individual and results may vary.
  2. Forward-looking Statements. Except for the historical information contained herein, this website may contain forward-looking statements, the accuracy of which are necessarily subject to risks and uncertainties. Actual events or results may differ materially from these forward-looking statements. Please also see additional specific disclaimers and information on our investor relations pages applicable to investors and securities.
  3. Limitation of Liability. NEITHER VIEWRAY, NOR OUR AFFILIATES SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO THE SITE, YOUR SITE USE, ACCESS, INABILITY TO USE, OR THE CONTENT, INCLUDING ERRORS AND OMISSIONS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR CONTENT IS TO CEASE ALL OF YOUR SITE USE. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF VIEWRAY, OR ITS AFFILIATES, REGARDLESS OF THE FORM OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE), EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID TO US FOR THE USE OF THE SITE.

You may have additional rights under certain laws (including consumer laws) which do not allow the exclusion of implied warranties, or the exclusion or limitation of certain damages. If these laws apply to you, the exclusions or limitations in these Terms that directly conflict with such laws may not apply to you. Liability and terms related to the purchase of our products are contained in the Terms of Sale applicable to such products.

  1. Links, Third Party Sites and Information. This Site may link you to other websites on the Internet or otherwise include references to information, products, materials and/or services provided by third parties. These other sites and parties are not under our control, and you acknowledge that we are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content or function of such sites, nor are we responsible for errors or omissions in any references to other parties or their products, materials and services. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with, the site or party by us, or any warranty of any kind, either express or implied.
  2. Applicable Law. You agree that the laws of the state of California, without regard to its conflicts of law’s provisions, will govern these Terms and the use of the Site and any dispute that may arise between us. Each of us agrees and hereby submits to the exclusive personal jurisdiction and venue of the appropriate state court in the City of San Jose, California and the County of Santa Clara, California, with respect to such matters.
  3. Severability. If any provision of these Terms shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect.
  4. Waiver. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision or any part of these Terms.
  5. Termination. We may terminate these Terms at any time, with or without notice, for any reason. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection therewith.
  6. Relationship of the Parties. Nothing contained in these Terms or your use of the Site shall be construed to constitute either party as a partner, joint venturer, employee or agent of the other party, nor shall either party hold itself out as such. Neither party has any right or authority to incur, assume or create, in writing or otherwise, any warranty, liability or other obligation of any kind, express or implied, in the name of or on behalf of the other party, it being intended by both parties that each shall remain independent contractors responsible for its own actions.
  7. Entire Agreement. These Terms (including the associated policies and additional terms and conditions referenced herein) constitutes the entire agreement between us and governs the terms and conditions of your use of the Site, and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us with respect to this Site.
  8. Notices. All notices to us must be sent in writing to the attention of Consumer Service at our Primary Business Address provided at the bottom of these Terms or if by e-mail, info@viewray.com. All notices to you may be sent either to the e-mail address supplied for your account or to the address supplied by you as part of your Registration Data. In addition, we may broadcast notices or messages through the Site to inform you of changes to the Site or other matters of importance, and such broadcasts shall constitute notice to you. Any notices or communication under these Terms will be deemed delivered to the party receiving such communication (1) on the delivery date if delivered personally to the party; or (2) on the date of publication if transmitted by broadcast notice, such as posting on the Site.
  9. Contact Information. All feedback, comments, requests for technical support and other communications relating to this Site should be directed toinfo@viewray.com if by e-mail, or Attn: Customer Service at our ViewRay’s Primary Business Address for Conventional Mail:

815 E. Middlefield Road, Mountain View, CA 94043.

Please also see our Site’s Contact Us page for more specific contact information.

Effective date: 06/20/18

© 2018 ViewRay, Technologies, Inc.

 

 

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