Terms of Use

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 

  1. By using this Site, you represent and warrant that you are 13 years or older. If you are under the age of 13 years, you agree not to visit the Site.
  2. If you choose, or you are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. You agree to immediately notify Formon LLC via [email protected] of any unauthorized use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
  3. Formon LLC has the right to disable any user identification code or password, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have failed to comply with any provision of these Terms of Use.
  4. Formon LLC has the right to disable your ability to leave comments, Feedback or other contributions on this Site at any time for any reason.
  5. Formon LLC reserves the right to change or update the Site, and Content, in our sole discretion and without notice. However, Formon LLC is under no obligation to update or correct any Content.
  6. Formon LLC will not be responsible or liable if for any reason all or any part of the Site is unavailable at any time or for any period. Formon LLC may suspend access to the entire Site, or some parts of the Site, or close it indefinitely, in Formon LLC’s discretion.
  7. You are responsible for making all arrangements necessary for you to have access to the Site.
  8. You are responsible for ensuring that all persons who access the Site through your Internet connection are aware of these Terms of Use, and that they comply with them.
 

Prohibited Uses

  1. You may use the Site only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Site:
    a. For commercial purposes, including that you may not reproduce, sell or exploit for any commercial purposes any part of the Site, access to the Site, or use of the Site;
    b. To post false, misleading or harmful information or comments;
    c. To post information that you do not have the right to make public;
    d. In any way that violates any applicable federal, state, local and international law or regulation;
    e. To send, knowingly receive, upload, download, use or re-use any material which does not comply with these Terms of Use;
    f. To gather or attempt to gather personal information belonging to other users for the purposes of spamming, marketing, selling to third parties, or otherwise sharing beyond the reasonable uses of the Site;
    g. To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation;
    h. To impersonate or attempt to impersonate VentCore or a Formon LLC employee, another user, or person or entity (including, without limitation, the use of names or email addresses associated with any of the foregoing); and
    i. To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by Formon LLC, may harm Formon LLC or users of the Site or expose them to liability (for example, in a manner that could disable, overburden, damage, or impair the Site) or in any way may provide another user with false, misleading or harmful information.
  2. Additionally, you agree not to:
    a. Use any robot, spider or other automatic device, process or means to access the Site for any purpose, including to monitor or impermissibly copy any of the material on the Site;
    b. Use any manual process to monitor or impermissibly copy any of the material on the Site or for any other unauthorized purpose without the prior written consent of Formon LLC;
    c. Introduce any viruses, Trojan horses, worms, logic bombs or other material which is malicious or technologically harmful;
    d. Attempt to gain unauthorized access to, interfere with, damage or disrupt any part of the Site, the server on which any part of the Site is stored or any server, computer or database connected to the Site;
    e. Attack the Site via a denial-of-service attack or a distributed denial-of-service attack; or
    f. Access or search or attempt to access or search the Site by any means (automated or otherwise) other than through our currently available, published interfaces provided by Formon LLC; or
    g. Otherwise attempt to interfere with the proper working of the Site.
 

Intellectual Property Rights

  1. The Site is owned by Formon LLC, its licensors or other providers. “Formon”, “Formon LLC”, and its logos and seal are trademarks of the Formon LLC. Except for purposes of attribution as required pursuant to these Terms of Use, you may not use Formon’s names or logos, or any variations thereof, without prior written consent of Formon LLC. You may not use the Formon LLC name in any of its forms nor Formon LLC seals or logos for promotional purposes, or in any way that deliberately or inadvertently claims, suggests, or in Formon’s sole judgment gives the appearance or impression of a relationship with or endorsement by Formon LLC.
  2. Selected Content may be downloaded by you pursuant to these Terms of Use. Any downloadable item from this Site (software or anything else) is being provided to you subject to the Creative Commons BY-NC-SA 4.0 license, found here: https://creativecommons.org/licenses/by-nc-sa/4.0/. All copyright in and to the Design Specifications belongs to Formon LLC. Formon LLC is making the Design Specifications freely available to you to use, subject to these Terms of Use and your agreement to give full attribution to Formon LLC should you reproduce, display, disseminate, or distribute the Design Specifications. Some of the Content on the Site is not available for downloading, such as our copyrighted works that we do not distribute or works of others that we are not permitted to distribute. If and to the extent you provide any feedback, suggestions, recommendations, analysis or other information or data to Formon LLC in connection with your use of the Site or the Content (“Feedback”), you hereby permit Formon LLC to use, reproduce, disclose, distribute, modify, and prepare derivative works of such Feedback for any purpose whatsoever in perpetuity.
  3. No right, title or interest in or to the Site or any Content (including but not limited to the Design Specifications) is transferred to you, and all rights not expressly granted are reserved by Formon LLC. Any use of the Site and the Content not expressly permitted by these Terms of Use is a breach of these Terms of Use.

Monitoring and Enforcement

  1. Formon LLC has the right to:
    a. Remove or refuse to post any user-provided information for any or no reason in our sole discretion;
    b. Take any action with respect to any user contribution that we deem necessary or appropriate in our sole discretion if we believe that such user contribution violates these Terms of Use, infringes any intellectual property right or other right, threatens the personal safety of users of the Site and/or the public, is false or misleading or could create liability for Formon LLC;
    c. Disclose your identity to any third party who claims that material posted by you violates their rights, including but not limited to their intellectual property rights or their right to privacy;
    d. Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Site; and
    e. Terminate your access to all or part of the Site for any or no reason, including without limitation any violation of these Terms of Use.
  2. Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting any materials on or through the Site. YOU WAIVE ANY CLAIM AGAINST FORMON LLC AND HOLD FORMON LLC HARMLESS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY FORMON LLC DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER FORMON LLC OR LAW ENFORCEMENT AUTHORITIES.
  3. We cannot review all material before it is posted on the Site, and we cannot ensure prompt removal of objectionable material after it has been posted. Formon LLC assumes no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. Formon LLC has no liability or responsibility to anyone for performance or nonperformance of the activities described in this paragraph.
 

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

  1. The Site is operated by the Formon LLC’s VentCore Project. All technical issues or questions may be directed to [email protected], provided that neither VentCore nor Formon LLC is under any obligation to respond to your email or make any requested fix.
  2. All other feedback and comments concerning the Site and the Content, or other general inquiries related to VentCore should be directed to [email protected]
 

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