Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you and Pathway Medical ("Company," "we," "us," or "our") concerning your access to and use of the pathwaymedical.com website and any related services, sales, marketing, or events (collectively, the "Services").

By accessing or using our Services, you agree to be bound by these Terms. If you disagree with any part of these terms, then you may not access the Services.

2. Use of Our Services

2.1 Eligibility

Our Services are intended for use by healthcare professionals and medical institutions. By using our Services, you represent and warrant that you are:

• At least 18 years of age
• Legally capable of entering into binding contracts
• Not prohibited from using our Services under applicable laws
• A licensed healthcare professional or authorized representative of a medical institution (where applicable)

2.2 Account Registration

To access certain features of our Services, you may be required to register for an account. You agree to:

• Provide accurate, current, and complete information
• Maintain and promptly update your account information
• Maintain the security of your account credentials
• Accept responsibility for all activities under your account
• Notify us immediately of any unauthorized use

3. Medical Device Sales and Services

3.1 Product Information

We strive to provide accurate information about our medical devices and products. However, we do not warrant that product descriptions, specifications, pricing, or other content is accurate, complete, reliable, current, or error-free.

3.2 Professional Use Only

Our medical devices are intended for use by qualified healthcare professionals only. By purchasing our products, you represent that you are authorized to purchase and use medical devices in your jurisdiction and that you will use them in accordance with applicable laws, regulations, and professional standards.

3.3 Orders and Pricing

We reserve the right to:

• Refuse or cancel any order for any reason
• Correct any errors in pricing or product information
• Limit quantities available for purchase
• Change prices without prior notice

4. Intellectual Property Rights

4.1 Our Intellectual Property

The Services and all content, features, and functionality (including but not limited to information, software, text, displays, images, video, audio, design, selection, and arrangement) are owned by Pathway Medical, its licensors, or other providers and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.

4.2 Your Use of Our Content

You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any materials from our Services without our prior written consent, except as follows:

• You may temporarily store copies in RAM
• You may store files automatically cached by your browser
• You may print or download reasonable portions for personal, non-commercial use
• You may use product information for legitimate business purposes related to medical practice

5. Prohibited Uses

You may not use our Services:

• For any unlawful purpose or to solicit others to perform unlawful acts
• To violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances
• To infringe upon or violate our intellectual property rights or the rights of others
• To harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate
• To submit false or misleading information
• To upload or transmit viruses or malicious code
• To interfere with or circumvent security features
• To scrape, spider, or crawl any part of the Services
• To use automated systems or software to extract data

6. Privacy and Data Protection

Your use of our Services is also governed by our Privacy Policy, which is incorporated into these Terms by reference. By using our Services, you consent to our collection and use of your information as described in our Privacy Policy.

7. Disclaimers and Limitations of Liability

7.1 Medical Disclaimer

THE INFORMATION PROVIDED ON OUR SERVICES IS FOR EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY AND IS NOT INTENDED AS MEDICAL ADVICE. ALWAYS CONSULT WITH QUALIFIED HEALTHCARE PROFESSIONALS AND FOLLOW APPLICABLE MEDICAL GUIDELINES AND REGULATIONS.

7.2 Warranty Disclaimer

THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

7.3 Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, PATHWAY MEDICAL SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOST PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM YOUR USE OF THE SERVICES.

8. Indemnification

You agree to defend, indemnify, and hold harmless Pathway Medical and its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Services.

9. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the State of Illinois, United States, without regard to its conflict of law provisions. Any legal action or proceeding arising under these Terms shall be brought exclusively in the federal or state courts located in Cook County, Illinois.

10. Severability and Waiver

10.1 Severability

If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

10.2 Waiver

No waiver of any term or condition of these Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

11. Modifications to Terms

We reserve the right to modify these Terms at any time. If we make material changes, we will notify you by updating the date at the top of these Terms and, in some cases, we may provide additional notice. Your continued use of the Services after any changes constitutes your acceptance of the new Terms.

12. Termination

We may terminate or suspend your account and access to the Services immediately, without prior notice or liability, for any reason, including without limitation if you breach these Terms. Upon termination, your right to use the Services will cease immediately.

13. Contact Information

For questions or concerns about these Terms of Service, please contact us at:

14. Entire Agreement

These Terms, together with our Privacy Policy and Cookie Policy, constitute the entire agreement between you and Pathway Medical regarding the use of our Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties.