This Terms of Use governs Beta Bionics, Inc.’s Website, Online Services, Mobile Apps and Medical Devices (“Services”). By accessing, browsing, or using this website or any of our online services, you agree to comply with and be bound by the following terms and conditions of use (“Terms of Use”). Please read these Terms of Use carefully before using our website or online services.
1. Use of Services
Beta Bionics provides Services for your personal, non-commercial use. You may not use the Services for any other purpose without our express written consent. You agree to use the Services only for lawful purposes and in a manner that does not infringe on the rights of, or restrict or inhibit the use and enjoyment of, the Services by any third party.
2. Intellectual Property
All content on this website, mobile apps, online services, and devices including text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Beta Bionics or its content suppliers, or partners and is protected by United States and international copyright laws. You may not copy, reproduce, distribute, publish, display, perform, modify, create derivative works, transmit, or in any way exploit any content on this website or online services without our prior written consent.
3. User-Generated Content
This website and Services may allow you to submit, upload, publish, or otherwise make available content, including comments, reviews, and user-generated content (“User Content”). You retain ownership of your User Content, but by submitting, uploading, publishing, or otherwise making available User Content on this website or online services, you grant Beta Bionics a non-exclusive, royalty-free, worldwide, perpetual, irrevocable, and sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works, distribute, and display such User Content in any media or medium now known or later developed. You represent and warrant that you have all rights necessary to grant the foregoing license.
You acknowledge that Beta Bionics has no obligation to pre-screen or monitor User Content, but Beta Bionics reserves the right, in its sole discretion, to remove or disable access to any User Content for any reason or no reason, including User Content that Beta Bionics believes violates these Terms of Use.
4. Links to Third-Party Websites
This website and online services may contain links to third-party websites that are not owned or controlled by Beta Bionics. Beta Bionics has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites. By using this website or online services, you expressly release Beta Bionics from any and all liability arising from your use of any third-party website.
5. Disclaimer of Warranties and Limitation of Liability
THIS WEBSITE AND ONLINE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. BETA BIONICS DOES NOT WARRANT THAT THIS WEBSITE OR ONLINE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR ONLINE SERVICES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU AGREE THAT YOUR USE OF THIS WEBSITE OR ONLINE SERVICES IS AT YOUR SOLE RISK.
IN NO EVENT SHALL BETA BIONICS OR ITS AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THIS WEBSITE OR ONLINE SERVICES, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, LOSS OF DATA, LOSS OF USE, OR OTHER INTANGIBLE LOSSES, WHETHER OR NOT BETA BIONICS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
6. Indemnification
You agree to indemnify, defend, and hold harmless Beta Bionics, its affiliates, and their respective directors, officers, employees, and agents from any and all claims, damages, losses, liabilities, costs, and expenses, including reasonable attorneys’ fees and costs of litigation, arising out of or in connection with your use of this website or online services or your breach of these Terms of Use.
7. Governing Law and Dispute Resolution
These Terms of Use shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law. Any dispute arising out of or in connection with these Terms of Use or your use of this website or online services shall be resolved exclusively through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall take place in Orange County, California.
8. Changes to these Terms of Use
Beta Bionics reserves the right, in its sole discretion, to modify or revise these Terms of Use at any time by posting the amended terms on this website. Your continued use of this website or online services after any such changes constitutes your acceptance of the new Terms of Use.
