Terms of Use

CONTENT
1. General
2. Restrictions on use of materials
3. Searches, Links & Outside Links
4. Our Privacy Statement and Policy
5. Trademarks
6. Patents
7. Not Medical Advice
8. Disclaimer
9. Limitation of Liability
10. Message to Our Investors
11. Governing Law and Jurisdiction

2. GENERAL
These Terms of Use ("Terms of Use") set forth herein apply to the CardGuard.com web site, and to other web sites (collectively, "Sites") owned, operated, licensed or controlled by Card Guard AG ("Card Guard") or its subsidiaries and/or affiliates, provided that the aforementioned other websites state so accordingly and explicitly and have obtained prior and written permission from Card Guard.

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE.

By using this Site, its content, and information derived from the Site, including but not limited to any new features, enhancements or updates, you signify your assent to the Terms of Use stated below.

IF YOU DO NOT AGREE TO THESE TERMS OF USE, PLEASE DO NOT USE THE SITE.

We reserve the right, at our discretion, to change, modify, add, or remove portions of these Terms of Use at any time. Please check these Terms of Use periodically for changes. Your continued use of this Site following the posting of changes to these Terms of Use will mean you accept those changes.
This Site is intended for use by the general public as well as physicians, associated medical personnel, patients, clinics, Card Guard's clients, affiliates and shareholders.
You grant Card Guard and all other persons or entities involved in the operation of the Site the right to transmit, monitor, retrieve, store, and use your data in connection with the operation of the Site. Card Guard cannot and does not assume any responsibility or liability for any data you submit to any section of the Site or your or third parties' use or misuse of data transmitted or received using the Site.
Any questions or requests for further information regarding this Site and/or the Terms of Use should be addressed to:

Corporate Headquarters
Card Guard AG
Rundbuckstrasse 6
CH-8212 Neuhausen am Rheinfall
Switzerland
Tel: +41 52 632 00 50
Fax +41 52 632 00 51-
email: users@cardguard.com

3. RESTRICTIONS ON USE OF MATERIALS
The Content and Materials of this Site (including, but not limited to: software, text, displays, images, illustrations, designs, icons, photographs, video clips, audio, Flash and Macromedia movies, written and other materials) are proprietary to Card Guard or third parties and are protected by copyright laws of the EU, Switzerland and other countries ("Copyright Laws").
Permission is granted to view and print materials from the Site for the non-commercial purpose of viewing, reading and retaining for reference. Any other reproduction, distribution, public performance, including but not limited to the use of any such material on any other web site or networked computer environment or public display of these materials, in whole or in part, is prohibited without the express prior written permission of Card Guard.
Card Guard reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, any activities or components of the Site (or any part thereof) or to remove or modify, temporarily or permanently any content with or without notice. Card Guard reserves the right at any time and from time to time to modify any product and/or service specifications, with or without notice.
Any reference made by this Site or any other Card Guard Site(s) to any specific commercial product, process, or service (or provider of such product, process or service) other than of Card Guard, by trade name, trademark, hyperlink, or otherwise, does not constitute or imply an endorsement, recommendation, or favoring by Card Guard. Reliance on any information provided by Card Guard, its contributors or other visitors to the site is solely at your own responsibility.

4. SEARCHES, LINKS & OUTSIDE LINKS
Card Guard does not and cannot guarantee that your search results will be complete or accurate or that links associated with results will be accurate or active at the time of your search. To the extent that this Site, or searches preformed through the Site, contains links to outside services and resources, Card Guard does not control the availability and content of those outside services and resources.
Card Guard assumes no responsibility and shall not held liable in any sort of way for the content of any site referred to by any of its sections and is not responsible for any errors or omissions contained in such sites, or the integrity or quality of such content or any offensive or otherwise objectionable content contained in such sites.
Unless you have a written agreement in effect with Card Guard which states otherwise, you may only provide a hypertext link to the Site on another web site, provided that (a) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with Card Guard's names and Trademarks, (b) the appearance, position and other aspects of the link may not create the false appearance that an entity is associated with or sponsored by Card Guard, (c) the link, when activated by a user, must display the Site full-screen and not within a "frame" on the linking web site, and (d) Card Guard reserves the right to revoke its consent to the link at any time in its sole discretion.

5. OUR PRIVACY STATEMENT AND POLICY
It is our policy to respect the privacy of all users. Therefore, subject to the terms of the Site's Privacy Policy, in general, we will not monitor, edit, or disclose the contents of a user's information unless required in the course of normal maintenance of this Site or any other Card Guard Site and its systems or unless required to do so by law or in the good-faith belief that such action is necessary to: (1) comply with the law or comply with legal process served on Card Guard or a related entity; (2) protect and defend the legitimate business interests, rights or property of the Site, it's users or affiliates; or (3) act in an emergency to protect the personal safety of our users or the general public. Users shall remain solely responsible for the content of any messages and/or other submissions to Card Guard.

6. TRADEMARKS
CARD GUARD, CARD GUARD logo, CG, CORDIGITAL, MICROER, MICROLR, MICROLR+, MICROSP, MICROSP+, PMD TRANSMITTER, PMD, PERSONAL PACEMAKER DATA, PACEMAKER PULSE MARKER, RHYTHMCARD, RHYTHM CHECK, HEARTCARD, CARRYALL, KING OF HEARTS, KING OF HEARTS EXPRESS, EXPRESS+, INSTROMEDIX, INSTROMEDIX logo, MICRO12ER, MICRO12ERCG, MICRO 12ECG, MICRO12ECG+, CG-3100M, IVIEW, IVIEW logo, EASYTRACE, LIFESIGNS, LIFESIGNS SP, LIFESIGNS SP+, LIFESIGNS RECEIVING CENTER, LRC, TM2000, DISCLOSURE, SPIROPHONE, LIFEWATCH, LIFEWATCH logo, CARDIOMAGIC, CARDIODIARY, CARDIOMEMO, SELF CHECK, MINI CLINIC, PACERTRACER, COMPRESSAR, QRSSTAT, CORDIAGNOSTIC, EXAMINER, ILEAD, CHECK IT OUT, ACE OF HEARTS, TELELAB, IMX, PMP-4, CGTTM and/or other products and/or services and/or names referenced herein or included in the Site (including but not limited to: page headers, custom graphics, button icons), are either registered trademarks in the EU, Switzerland, United States and other countries, trademarks, trade names, service marks or domain names of Card Guard ("Trademarks") and may not be reproduced, imitated, or used, in whole or in part, without the prior written permission of Card Guard. CARD GUARD, CORDIGITAL, MICROLR, MICROSP, PMD TRANSMITTER, MICROER, RHYTHMCARD, HEARTCARD, CARRYALL, KING OF HEARTS, KING OF HEARTS EXPRESS, INSTROMEDIX, LIFESIGNS are registered trademarks of Card Guard group of companies in the U.S. Patent and Trademark Office. Other trademarks and company names are or may be registered trademarks or trademarks of their respective owners.

7. PATENTS
Card Guard's products and processes referred to or posted on the Site are covered by one or more patents and/or are subject to other trade secret and/or any other proprietary rights. Card Guard reserves all such rights. No transfer or grant of any rights under any such patents is made or is to be implied by any provision of these Terms of Use or by any other provision contained in the Site. You agree not to infringe upon all the above rights.

8. NOT MEDICAL ADVICE
The information posted here by Card Guard or its licensors or any third party any of these entities' officers, employees, directors, or agents should not be considered medical advice, and is not intended to replace consultation with a qualified physician. Card Guard or its licensor does not answer specific medical questions or refer people to a particular medical professional.

9. DISCLAIMER
THE MATERIALS IN THIS SITE ARE PROVIDED "AS IS, WITH ALL FAULTS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESSED OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, CARD GUARD DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT, OR WARRANTIES ARISING BY COURSE OF DEALING OR CUSTOM OF TRADE. CARD GUARD DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS DISPLAYED IN THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THIS SITE OR ANY PORTION OF IT OR THE SERVER(S) THAT MAKES THIS SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

CARD GUARD DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT CARD GUARD) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION.
LINKS TO OTHER WEB SITES CONTAINED IN THE SITE ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTY OF ANY KIND, FOR CONVENIENCE AND AS REFERENCE TOOL ONLY.

Copywrite 2005 CardGuard. All rights reserved.