PLEASE READ THE TERMS OF USE BEFORE USING THIS WEBSITE.
Acceptance of the Terms of Use
Welcome to the website of the VentCore Open Source Ventilator Project, a project developed by Formon LLC, Prishtina, Kosovo. These Terms of Use govern your use of this Site and the: (a) information; (b) tools; (c) materials; (d) downloadable software code; (e) ventilator design specifications and related information (collectively, the “Design Specifications”); (f) other features and functionality (including but not limited to, all software, text, displays, images, video and audio, and the design, selection and arrangement thereof); and (g) any other content found on the Site ((a)-(g), collectively, “Content”). Please read these Terms of Use carefully before you start to use the Site. By using the Site, you hereby accept these Terms of Use and Privacy Policy. If you do not agree to these Terms of Use and Privacy Policy, you should not visit the Site.
Changes to the Terms of Use
Formon LLC reserves the right to change these Terms of Use at any time in its sole discretion by posting revisions on the Site. Such revisions will be effective immediately upon posting them to the Site. Your use of the Site after such changes have been posted shall constitute your acceptance of the revised Terms of Use.
Accessing this Site
Prohibited Uses
Intellectual Property Rights
Information About You and Your Use of the Site
All information Formon LLC collects through this Site is subject to our Privacy Policy. By using the Site, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy. You represent and warrant that all data provided by you is accurate.
DISCLAIMER OF WARRANTIES
You acknowledge that the Content is in research phase and all outcomes from use of the Content are not known. YOUR USE OF THE SITE AND ITS CONTENT, INCLUDING THE DESIGN SPECIFICATIONS, IS AT YOUR OWN RISK. THE SITE AND ITS CONTENT, INCLUDING THE DESIGN SPECIFICATIONS, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
FORMON LLC MAKES NO REPRESENTATIONS, WARRANTIES OR COVENANTS, WHETHER STATUTORY, EXPRESS, IMPLIED, BY COURSE OF COMMUNICATION OR DEALING, OR OTHERWISE WITH RESPECT TO THE CONTENT, INCLUDING THE DESIGN SPECIFICATIONS, AND ANY RESULTING DEVICE. FORMON LLC SPECIFICALLY DISCLAIMS ANY WARRANTY WITH REGARD TO FITNESS FOR ANY PARTICULAR PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, FORMON LLC MAKES NO WARRANTY OF ANY KIND THAT THE CONTENT, INCLUDING THE DESIGN SPECIFICATIONS, AND ANY RESULTING DEVICE OR THE RESULTS OF THE USE OF SUCH DEVICE WILL MEET YOUR OR ANY THIRD PARTY’S REQUIREMENTS, OR ACHIEVE ANY INTENDED RESULT OR THAT THE USE OF THE DESIGN SPECIFICATIONS TO MAKE A DEVICE WILL COMPLY WITH INTERNATIONAL, FEDERAL, STATE OR MUNICIPAL LAWS AND REGULATIONS REGARDING MEDICAL DEVICES OR MEDICAL USES. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT FORMON LLC IS NOT RESPONSIBLE FOR ANY HEALTH PROBLEMS, INJURIES OR DEATH THAT MAY RESULT FROM YOUR OR ANY THIRD PARTY’S USE OF ANY DEVICE RESULTING FROM YOUR USE OF THE CONTENT, INCLUDING THE DESIGN SPECIFICATIONS. IT IS UNDERSTOOD THAT FORMON LLC DOES NOT PROVIDE MEDICAL OR OTHER HEALTH-RELATED ADVICE.
FORMON LLC DISCLAIMS ANY RESPONSIBILITY FOR OR ASSURANCES REGARDING THE QUALITY, FUNCTIONALITY, OR SAFETY OF ANY DEVICE RESULTING FROM YOUR USE OF THE CONTENT, INCLUDING THE DESIGN SPECIFICATIONS, OR ANY DEFECT, ERRORS OR MALFUNCTION IN CONNECTION THEREWITH. FURTHER, FORMON LLC DISCLAIMS ANY RESPONSIBILITY FOR OR ASSURANCES REGARDING ANY COMMENTS, FEEDBACK, INFORMATION OR OTHER KNOW-HOW UPLOADED TO THIS SITE BY ANY USER. YOU RELY ON USER COMMENTS, FEEDBACK, INFORMATION AND/OR KNOW-HOW SOLELY AT YOUR OWN RISK.
YOU UNDERSTAND AND ACKNOWLEDGE THAT: YOU ARE A LEARNED INDIVIDUAL THAT HAS HAD THE OPPORTUNITY TO OBTAIN ANY AND ALL INFORMATION RELEVANT TO THE USE OF ANY DEVICE RESULTING FROM YOUR USE OF THE CONTENT, INCLUDING THE DESIGN SPECIFICATIONS; YOU HAVE NO OBLIGATION TO USE THE CONTENT, THE DESIGN SPECIFICATIONS OR ANY DEVICE RESULTING THEREFROM AND YOU DO SO IN YOUR SOLE DISCRETION; YOU ARE RESPONSIBLE FOR DETERMINING THE DEGREE OF MONITORING OR OVERSIGHT THAT IS APPROPRIATE IN CONNECTION WITH PATIENT CARE AND THE USE OF ANY DEVICE RESULTING FROM YOUR USE OF THE CONTENT, INCLUDING THE DESIGN SPECIFICATIONS; YOU HAVE ACCEPTED ALL RESPONSIBILITY AND FORMON LLC RETAINS NO RESPONSIBILITY FOR YOUR USE OF ANY RESULTING DEVICE; AND YOU WILL COMPLY WITH ALL LAWS AND GOVERNMENTAL RULES, REGULATIONS AND GUIDELINES, INCLUDING ANY SAFETY PRECAUTIONS, THAT ARE APPLICABLE TO THE DEVICE OR THE USE THEREOF.
FORMON LLC does not guarantee or warrant that files available for downloading from the Internet or the Site will be free of viruses or other destructive code. NEITHER FORMON LLC NOR ANY PERSON ASSOCIATED WITH FORMON LLC MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE SECURITY, RELIABILITY, QUALITY, OR AVAILABILITY OF THE SITE AND THE CONTENT. FORMON LLC WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE, THE CONTENT, YOUR DOWNLOADING OF ANY AVAILABLE CONTENT, OR YOUR USE OF ANY WEBSITE LINKED TO THE SITE.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT ALLOWABLE BY LAW, IN NO EVENT WILL FORMON LLC, ITS TRUSTEES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, VOLUNTEERS, SUPPORTERS AND COLLABORATORS AND THEIR RESPECTIVE SUCCESSORS, HEIRS AND ASSIGNS BE LIABLE OR RESPONSIBLE FOR, OR INDEMNIFY YOU OR ANY THIRD PARTY FOR, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, THE CONTENT (INCLUDING THE DESIGN SPECIFICATIONS), ANY WEBSITES LINKED TO THE SITE OR CONTENT OR ANY INFORMATION OBTAINED THROUGH THE SITE, CONTENT OR SUCH THIRD PARTY WEBSITES (INCLUDING BUT NOT LIMITED TO COMMENTS, FEEDBACK, INFORMATION AND KNOW-HOW FROM OTHER USERS); ANY USE OF A RESULTING DEVICE; ANY ERROR, FAILURE OR DEFECT OF SUCH DEVICE; OR ANY HARM OR INJURY CAUSED BY SUCH DEVICE.
Indemnification
To the fullest extent permitted by law, you shall indemnify Formon LLC and all of its trustees, directors, officers, employees, agents, affiliates, volunteers, supporters and collaborators from and against any and all losses and liabilities, including, without limitation, reasonable attorneys’ fees incurred by the Indemnified Parties in connection with any claim arising from or related to your breach of these Terms of Use, your use of, or inability to use, the Site and the Content and your use of any information obtained through use of the Site and Content. You shall cooperate as fully as reasonably required in the defense of any such claim.
Site Assistance
You understand that Formon LLC does not provide customer assistance or technical support for use of the Site. You may contact us concerning technical problems but Formon LLC is under no obligation to fix or correct any technical issue.
Links from the Site
If the Site contains links to other websites and resources provided by or hosted by third parties, these links are provided for your convenience only. Formon LLC has no control over the contents of those websites or resources and accepts no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to the Site, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
Geographic Restrictions
The Site is operated by Formon LLC from Prishtina, Kosovo. Content is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Formon LLC to any registration or other requirement within such jurisdiction or country. Formon LLC reserves the right to limit access or availability of the Site to any person, geographic region or jurisdiction.
Governing Law
These Terms of Use and all disputes or controversies arising out of or relating to these Terms of Use and your use of the Site and the Content shall be governed by, and construed in accordance with, the laws of the Republic of Kosovo without regard to conflicts of law provisions that would require the laws of another jurisdiction to apply. You hereby expressly consent to the personal jurisdiction and venue in the state and federal courts located in the Republic of Kosovo for any lawsuit arising from or related to these Terms and Conditions.
Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SITE OR THE CONTENT MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Waiver and Severability
No waiver of these Terms of Use by Formon LLC shall be deemed a further or continuing waiver of such term or condition or any other term or condition, and any failure of Formon LLC to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is held by a court of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
Comments and Concerns
Thank you for visiting our Site and actually reading this and, therefore, supporting the legal community.