Last Updated: March 17, 2026
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE SITE.
OVERVIEWWelcome to our website! Axora Medical, Inc. (“we”, “us”, or “our”) are pleased to provide you with access to the “Site,” which means, collectively, (i) the axoramedical.com website and its related domains and webpages, including any content, functionality, or information contained therein, (ii) any emails, newsletters, communications, or other mediums, or portions of such mediums, through which you have accessed these Terms of Use (these “Terms”), and (iii) all information, data, materials, and content viewable on, contained in, or downloadable from, any of the foregoing.
PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SITE. BY ACCESSING OR USING ANY PART OF THE SITE OR BY CLICKING TO ACCEPT OR AGREE TO THESE TERMS WHEN THIS OPTION IS MADE AVAILABLE TO YOU, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS IN THESE TERMS, THEN YOU MAY NOT ACCESS OR USE THE SITE.
PLEASE BE ADVISED THAT THESE TERMS CONTAIN AN AGREEMENT TO ARBITRATE ALL CLAIMS, AND DISCLAIMERS OF WARRANTIES AND LIABILITY. THESE TERMS ALSO ALLOW YOU TO PURSUE CLAIMS AGAINST US ONLY ON AN INDIVIDUAL BASIS, AND NOT AS PART OF ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. AS A RESULT, YOU MAY SEEK RELIEF, INCLUDING MONETARY, INJUNCTIVE AND DECLARATORY RELIEF, ONLY ON AN INDIVIDUAL BASIS.
WE MAY IMMEDIATELY TERMINATE YOUR ACCESS TO THE SITE (IN WHOLE OR IN PART) IF YOU FAIL TO COMPLY WITH ANY PROVISION OF THESE TERMS, IF WE BELIEVE YOUR USE OF ALL OR ANY PORTION OF THE SITE WILL REFLECT POORLY ON US, OUR PRODUCTS, SERVICES, OR GOODWILL, OR IF WE OTHERWISE DEEM YOUR USE OF THE SITE TO BE ILLEGAL OR OTHERWISE INAPPROPRIATE, IN EACH CASE, IN OUR SOLE AND ABSOLUTE DISCRETION.
Medical Services Disclaimer: The Site and all related content are provided for general informational purposes only. We are not a licensed medical or healthcare provider, we do not provide medical advice, diagnosis, or treatment, and your use of the Site does not create a doctor–patient relationship. The information, content, tools, and results available through the Site are not a substitute for professional medical advice, diagnosis, or treatment and should not be relied upon as such. Always seek the advice of your physician or other qualified healthcare provider with any questions you may have regarding a medical condition or treatment. Never disregard professional medical advice or delay seeking it because of something you have read on the Site. If you believe you are experiencing a medical emergency, call 911 immediately.
Professional Use Resources: The Site may include information, reference guides, training materials, and other resources intended for use by licensed medical professionals. These resources are provided for educational purposes and are not intended to constitute professional medical advice or to direct clinical decision-making. Physicians and other healthcare providers must exercise their own independent clinical judgment in evaluating and treating patients and in determining the appropriate use of any product or procedure for any particular patient. For information about our devices, please contact your local Axora Medical sales representative or call 855-646-7874.
Testimonials: Testimonials, case studies, clinician statements, patient stories, and any opinions presented on the Site reflect the experiences and views of the individuals providing them. They are not intended to represent or guarantee that any other person will have the same or similar experience or results. Individual outcomes vary based on numerous factors.
Patient Guidance: Patients should consult with their doctor about the suitability of any procedure for their specific health status and lifestyle, as well as the potential risks and complications associated with the treatment.
Limitation of Liability: In addition to the limitations of our liability found below in these Terms, we disclaim all liability for any injury, loss, or damages of any kind arising out of or resulting from your access to, reliance on, or use of the Site or any information, content, or resources made available through the Site. Your use of the Site and reliance on any Site content are solely at your own risk.
We may change and update these Terms from time to time in our sole discretion. The version of these Terms that you agree to will apply unless and until you have agreed to our revised Terms.
(a) You have the Right to Enter into these Terms. As an individual interacting with the Site in your individual capacity or on behalf of an entity, you represent and warrant that you have all right, power, and authority to enter into these Terms on your own or such entity’s behalf and bind yourself or such entity, as applicable, to these Terms. If you are entering these Terms on behalf of an entity, all references in these Terms to “you” and “your” will mean such entity.
(b) Consideration. You acknowledge that these Terms are supported by reasonable and valuable consideration, which you have received, and which is adequate. Such consideration includes your ability to access, use or interact with the Site. You represent and warrant that you have the capacity to be bound by these Terms.
(c) Age. You must be at least 18 years old to access or use the Site. By accessing or using the Site, you represent and warrant that you are at least 18 years of age.
We reserve the right at any time to modify or discontinue the Site (or any part, product, or content thereof) without notice at any time. We are not liable to you or to any third-party for any modification, change, suspension, or discontinuance of the Site.
To access and use the Site, you may provide certain information, materials, and content, such as your name and email address. It is a condition of your use of the Site that all of the information that you provide on or via the Site is correct, current, and complete. You understand that our collection, use and disclosure of all such information is governed by our , and you consent to all actions we take with respect to your information consistent with our Privacy Policy. We may (but are not obligated to) directly or through third parties, make any inquiries we consider necessary to validate your identity or other information or content provided by you to us, or your compliance with these Terms.
If you submit any materials or content to the Site, you grant us and our affiliates a royalty-free, perpetual, irrevocable, transferrable, assignable, sub-licensable, worldwide license to use such materials and content, including alterations thereof, in any form, in any media, and via any technology we choose, whether it exists now or is created in the future. You represent that any materials and content posted or otherwise submitted by you to the Site is original to you and that you have the right to grant us these rights.
Certain features of the Site are served by our third-party service providers. When engaging with any of the third-party service providers, you acknowledge and agree that: (a) we do not endorse, and make no representations or warranties regarding, any third-party provider, including with respect to the quality of performance; (b) your use of a third-party provider is, as between us and you, at your sole and exclusive risk, and you should conduct due diligence as you deem necessary or appropriate before utilizing the third-party provider’s services; (c) your use of the third party service may be subject to the third party’s applicable terms and conditions, including those set forth in any applicable terms and conditions agreed to by or otherwise made available to you (collectively, “Third-Party Requirements”); and (d) you are solely responsible for compliance with, and will ensure that you comply with, all Third-Party Requirements.
We may also provide on or through the Site links or access to other websites, social media platforms, mediums, content or materials belonging to advertisers, our business partners, affiliates, or other third parties. All third-party materials and links are provided solely as a convenience to you, and such links and access do not constitute our endorsement of those third parties, or the products or services of those third parties or the content on their website(s) or other materials. We are not responsible for the activities or policies of those third parties. We accept no responsibility for such third parties or for any loss or damage that may arise from your use of the third-party links or the products or services of those third parties.
You acknowledge and agree that we are not responsible for any third-party materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. If you decide to access any of the third-party websites, social media platforms, or mediums, you do so entirely at your own risk and subject to the terms and conditions of such third-party websites, social media platforms, and mediums.
We use the information you provide on or via the Site as set forth in our Privacy Policy. Our Privacy Policy is hereby incorporated into these Terms by reference.
In addition to other prohibitions set forth in these Terms, you will not, and will not permit others to, directly or indirectly: (i) reverse engineer, decompile, disassemble, decode, adapt, or otherwise attempt to discover the source code, object code or underlying structure, ideas, know-how or algorithms relevant to the Site or any underlying or related software, documentation or data (collectively, “Technology”); (ii) modify, translate, or create derivative works of, from or otherwise based on the Site or any Technology, in whole or in part; (iii) access or use the Site for timesharing or reselling purposes or otherwise for the benefit of a third-party; (iv) use the Site to submit or transmit infringing, libelous, fraudulent or otherwise unlawful or tortious material, or material in violation of third-party rights, including privacy rights; (v) use the Site to submit or transmit code, files, scripts, agents or programs intended to do harm, including viruses, worms, time bombs or Trojan horses; (vi) interfere with or disrupt the integrity or performance of the Site or any Technology (in whole or in part); (vii) attempt to gain unauthorized access to the Site, the Technology, or any of their related systems or networks; (viii) permit direct or indirect access to or use of the Site in a way that circumvents a contractual usage limit; (ix) frame or mirror the whole or any part of the Site (including any Technology); (x) access the Site or the Technology (in whole or in part) in order to build a competitive product or service or for benchmarking or competitive analysis; (xi) remove any proprietary notices or labels of or from the Site or the Technology; (xii) access or use the Site in any way that violates these Terms, any third-party rights, or any applicable laws, rules, regulations, or orders having the force of law, including anti-spam, export control, privacy, or anti-terrorism laws and regulations; (xiii) use the Site (in whole or in part), or any information contained therein, in any way that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise harassing, abusive, objectionable or offensive; or (xiv) provide us with false or inaccurate information.
WE RESERVE THE RIGHT TO TERMINATE YOUR USE OF THE SITE FOR ANY OR NO REASON (WITH OR WITHOUT NOTICE), INCLUDING FOR ANY VIOLATION OF THESE TERMS.
(a) Intellectual Property. The Site contains a variety of: (i) materials and other items relating to us and our products and services, and similar items from our licensors and other third parties, including all layout, information, articles, posts, publications, newsletters, text, data, files, images, scripts, designs, graphics, button icons, instructions, illustrations, photographs, audio clips, music, sounds, pictures, videos, advertising, URLs, technology, software, interactive features, the “look and feel” of the Site, and the compilation, assembly, and arrangement of the materials of the Site and any and all copyrightable material (including source and object code); (ii) trademarks, trade dress, logos, trade names, service marks, and trade identities of various parties, including our trademarks; and (iii) other forms of intellectual property (all of the foregoing collectively, “Our Content”).
(b) Ownership. The Site (including past, present, and future versions) and Our Content are owned by us, our licensors or certain other third parties. All right, title, and interest in and to Our Content available via the Site is the property of us or our licensors or certain other third parties, and is protected by U.S. and international copyright, trademark, trade dress, patent, or other intellectual property and unfair competition rights and laws to the fullest extent possible. We own the copyright in the selection, compilation, assembly, arrangement, and enhancement of Our Content on the Site.
(c) Limited License. We grant you a limited license to access and make personal use of the Site and Our Content only for non-commercial purposes and only to the extent such use does not violate these Terms. This license does not include: (i) any resale or commercial use of the Site; (ii) any derivative use of the Site; (iii) any downloading, copying, or other use of the Site for the benefit of any third party; or (iv) any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Terms are reserved and retained by us or Our Content providers. The Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of us without our express written consent. You may not use any meta tags or any other “hidden text” utilizing our name or trademarks without our express written consent. You may not misuse the Site. You may use the Site only as permitted by law. The foregoing limited license: (i) does not give you any ownership of, or any other intellectual property interest in, Our Content; and (ii) may be immediately suspended or terminated for any reason, in our sole discretion, and without advance notice or liability.
(d) Rights of Others. When using the Site, you must respect the intellectual property and other rights of us and others. Your unauthorized use of Our Content may violate copyright, trademark, privacy, publicity, communications, and other laws, and any such use may result in your personal liability, including potential criminal liability.
(e) Feedback. We or our licensors will own and retain all right, title and interest in and to: (i) any suggestion, enhancement request, recommendation, correction or other feedback provided by you relating to the subject matter of these Terms (collectively, “Feedback”); (ii) any and all performance data, test or evaluation results, or other metrics derived from the Site; and (iii) all intellectual property rights related to any of the foregoing. We expressly reserve all other rights in and to the foregoing. Any improvements, enhancements or other modifications created, prepared, produced, authored, edited, amended, conceived or reduced to practice by us (whether alone or together with you or any other third party or parties) arising out of or relating to Feedback are and will remain our sole and exclusive property.
(f) Publications, News, Research, and Other Information Available on the Site. The publications, news, research, and all other information presented on or through the Site are made available solely for general information purposes only. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor of the Site, or by anyone who may be informed of any of its contents.
The Site is controlled, operated, and administered by us from the United States of America (“U.S.”). We make no representations or warranties that the Site is permissible, appropriate, or available for use in other jurisdictions. If you access the Site from a location outside the U.S., then you do so by your own volition and you are solely responsible for compliance with all laws, regulations, and rules (including local laws and any applicable U.S. export control laws). You must not use the Site or Our Content in a manner prohibited by any applicable state, federal, international, or local laws, rules, restrictions, or regulations.
YOUR USE OF THE SITE, INCLUDING ANY CONTENT, SOFTWARE, INFORMATION, OR SERVICES MADE AVAILABLE THROUGH THE SITE, IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, QUIET ENJOYMENT, SATISFACTORY QUALITY, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. WITHOUT LIMITING THE FOREGOING, YOU ACKNOWLEDGE THAT THE SITE MAY BE UNAVAILABLE FROM TIME TO TIME DUE TO SCHEDULED OR EMERGENCY MAINTENANCE, THIRD-PARTY FAILURES, OR OTHER CAUSES BEYOND OUR CONTROL. WE DO NOT REPRESENT OR WARRANT THAT: (I) THE SITE WILL MEET YOUR REQUIREMENTS; (II) MATERIALS, SOFTWARE, OR CONTENT AVAILABLE THROUGH THE SITE ARE FREE OF VIRUSES, WORMS, TROJAN HORSES, OR OTHER HARMFUL CODE; (III) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE (INCLUDING FROM UNAUTHORIZED ACCESS), OR ERROR-FREE, OR THAT STORAGE OR ACCESS WILL BE CONTINUOUS; (IV) RESULTS, DATA, OR INFORMATION OBTAINED FROM THE SITE WILL BE ACCURATE, COMPLETE, CURRENT, OR RELIABLE; (V) THE QUALITY OF ANY PRODUCTS, SERVICES, SOFTWARE, INFORMATION, OR OTHER MATERIAL OBTAINED THROUGH THE SITE WILL MEET YOUR EXPECTATIONS; OR (VI) ANY ERRORS WILL BE CORRECTED.
(a) IN NO EVENT WILL WE BE LIABLE UNDER OR IN CONNECTION WITH THESE TERMS OR THE PROVISION OF THE SITE, UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, FOR ANY: (I) LOSS OF PRODUCTION, USE, BUSINESS, REVENUE, OR PROFIT, OR DIMINUTION IN VALUE; (II) IMPAIRMENT, INABILITY TO USE, OR LOSS, INTERRUPTION, OR DELAY OF OUR SERVICES (IN WHOLE OR IN PART), INCLUDING THE SITE; (III) LOSS, DAMAGE, CORRUPTION, OR RECOVERY OF YOUR DATA, OR ANY BREACH OF DATA OR SYSTEM SECURITY; OR (IV) CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED, OR PUNITIVE DAMAGES, WHETHER OR NOT FORESEEABLE OR ADVISED OF THE POSSIBILITY, AND EVEN IF ANY AGREED OR OTHER REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
(b) IN NO EVENT WILL OUR AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THEIR SUBJECT MATTER, UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EXCEED THE AMOUNTS PAID BY YOU TO US UNDER THESE TERMS DURING THE TWELVE-MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM OR, IF YOU HAVE NOT PAID US IN CONNECTION WITH THE USE OF THE SITE, THE AMOUNT OF $25.00. THE FOREGOING APPLIES EVEN IF ANY AGREED OR OTHER REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
(c) YOU AGREE THAT, REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE SITE OR THESE TERMS MUST BE FILED WITHIN ONE YEAR AFTER IT ACCRUES, OR IT IS PERMANENTLY BARRED.
(d) SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR LIMITATIONS ON LIABILITY. ONLY THE LIMITATIONS THAT ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU, AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
You agree to indemnify, defend, and hold us harmless from and against any and all claims, demands, actions, proceedings, losses, damages, judgments, settlements, penalties, fines, and costs and expenses, including reasonable attorneys’ fees and costs, arising out of or relating to: (a) your access to, use, or misuse of the Site; (b) any information, content, data, or other materials you submit, post, or transmit through the Site; (c) your breach of these Terms; or (d) your violation of law, infringement or misappropriation of any third-party right, or other tortious conduct, including fraud. These obligations survive any termination of your relationship with us or your use of the Site or our services.
You acknowledge that we may be irreparably damaged if these Terms are not specifically enforced, and damages at law would be an inadequate remedy. Therefore, in the event of a breach or threatened breach of any provision of these Terms by you, we will be entitled, in addition to all rights and remedies, to an injunction restraining such breach or threatened breach, without being required to show any actual damage or to post an injunction bond, or to a decree for specific performance of the provisions of these Terms. You agree that (notwithstanding Section 14 below) we may bring any action or proceeding with regard to such equitable relief in the courts of record of Santa Clara County, California. You consent to the exclusive jurisdiction of such court and waive any objection to the laying of venue of any such action or proceeding in such court. We may effect service of any court paper on you by mail or in such other manner as may be provided under applicable laws, regulations, rules of procedure or local rules.
(a) Arbitration Agreement. Please read this Section carefully. Except as these Terms otherwise provide, you waive your rights to try any claim in court before a judge or jury and to bring or participate in any class, collective, or other representative action. All disputes shall be resolved in the English language.
(b) Agreement to Binding Arbitration. Before initiating arbitration, you acknowledge and agree that you will first give us a reasonable opportunity to resolve your problem or dispute. This includes sending a written description of your problem or dispute to us including all relevant information or representations related to the Site and upon which you rely. You may seek to resolve any customer concerns through our support services at customerservice@axoramedical.com. You agree to negotiate with us in good faith about your problem or dispute. If for some reason your problem or dispute is not resolved to your satisfaction within 30 days after our receipt of your written dispute, you agree to the dispute resolution provisions below.
By agreeing to these Terms, you agree that you are required to resolve any claim that you may have against us in arbitration, as set forth in this Section. You and we agree that any disputes between us (including any disputes between you and any subcontractor or third-party agent of us) will be resolved through binding and final arbitration and not in a court. This requirement to arbitrate disputes between us includes any dispute, claim, or controversy arising out of or relating to: (i) any part of these Terms, including the existence, breach, termination, enforcement, interpretation, or validity of these Terms; (ii) the Site; or (iii) the design, development, license, sale, or use of artificial intelligence (AI), machine learning, large language model, or generative AI systems, tools, or products. Such dispute or disputes shall be submitted to the American Arbitration Association (“AAA”) for individual arbitration. The place of arbitration shall be Santa Clara County, California. The arbitration shall be before one arbitrator.
You and we agree that the arbitrator (“Arbitrator”)—and not any federal, state, or local court or agency—shall have exclusive authority to resolve any disputes relating to any issue concerning the extent to which any dispute is subject to arbitration, including disputes concerning the interpretation, applicability, enforceability, or formation of this Arbitration Agreement, including any claim that all or any part of this Arbitration Agreement is void or voidable. The Arbitrator shall also be responsible for determining all threshold arbitrability issues, including issues relating to the Arbitrator’s own jurisdiction, including objections with respect to the existence, scope, or validity of this Arbitration Agreement or the arbitrability of any claim or counterclaim, or whether these Terms are unconscionable or illusory, and any defense to arbitration, including waiver, delay, laches, or estoppel. For the avoidance of doubt, threshold or gateway issues relating to arbitration or arbitrability of any specific claim(s) shall be delegated to and resolved by the Arbitrator, without any need to refer such matters first to a court or other tribunal.
By agreeing to individual arbitration, you understand and agree that you are waiving your right to maintain other available resolution processes, such as a court action or administrative proceeding, to resolve any disputes or claims.
(c) No Class Action. You and we each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. This means that you and we each agree to arbitrate in our individual capacities only, not as a representative of a class, a member of a class, or a private attorney general. Likewise, an Arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.
(d) Rules and Governing Law. The arbitration shall be administered by the AAA in accordance with its rules applicable to the nature of the dispute at the time the arbitration is commenced. For disputes primarily of a business/commercial nature, the AAA Commercial Arbitration Rules shall apply; for disputes involving a consumer as defined by the AAA, the AAA Consumer Arbitration Rules shall apply. The version of the applicable AAA rules in effect when the arbitration is commenced will govern, except as modified by this Arbitration Agreement. If there is any conflict between the AAA rules and this Arbitration Agreement, this Arbitration Agreement will control. Notwithstanding any choice of law or other provision in these Terms, the parties agree and acknowledge that this Arbitration Agreement evidences a transaction involving interstate commerce and that the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (“FAA”) will govern its interpretation and enforcement and proceedings pursuant thereto. It is the intent of the parties that, to the extent there is a conflict between the FAA and state law, the FAA shall preempt all state laws to the fullest extent permitted by law. The arbitration shall be governed by the laws of the State of California, without regard to its conflict of law provisions.
(e) Arbitrator’s Decision. The Arbitrator will decide the substance of all claims exclusively in accordance with the laws of the State of California, including recognized principles of equity, and will honor all claims of privilege recognized by law. The Arbitrator may take whatever interim measures the Arbitrator deems necessary, including injunctive relief and measures for the protection or conservation of property. The Arbitrator will not be bound by rulings in prior arbitrations involving our other users but is bound by rulings in prior arbitrations involving the same user to the extent required by applicable law. Along with the award of the Arbitrator, the Arbitrator shall issue a reasoned written opinion sufficient to explain the essential findings of fact and conclusions of law on which the award is based. Judgment on the award rendered by the Arbitrator may be entered in any court having competent jurisdiction. This clause shall not preclude the parties from seeking provisional remedies in aid of arbitration from a court of competent jurisdiction. The Arbitrator’s decision shall be final and binding on all parties. Judgment on any award rendered by the Arbitrator is final, binding, and conclusive on you and us and your and our respective administrators, executors, legal representatives, successors, and assigns. Unless consented to in writing by both parties, all negotiations and the existence, content, and results of arbitration proceedings related to a dispute (including a settlement, award, and the documents and briefs exchanged or produced during arbitration) are confidential and may not be disclosed by the parties except to the extent necessary for interim measures or conservatory relief, the enforcement of an arbitration award, or as required by law. Notwithstanding the foregoing, each party may share information related to negotiations and arbitration proceedings with its accounting professionals and legal counsel.
(f) Venue For Claims Not Subject to Arbitration. In the event that the Arbitrator or a court determines that any particular claim or dispute that has arisen must be resolved by a court instead of through arbitration, such claim or dispute shall be resolved exclusively by a state or federal court located in Santa Clara County, California. Under such circumstances, you and we will submit to the personal jurisdiction of the state or federal courts located within Santa Clara County, California, for the purpose of litigating all such particular claims or disputes.
(g) Fees. The Arbitrator may, and to the extent required by applicable law shall, award to the prevailing party, as determined by the Arbitrator, its reasonable attorneys’ fees, expert fees, arbitration fees and expenses (including the Arbitrator’s fees), and other reasonable costs of suit. Initial payment of all filing, administration, and Arbitrator fees shall be governed by the AAA and, to the extent applicable, the AAA rules, without prejudice to the Arbitrator’s authority to reallocate such amounts in the final award. In addition to any prevailing party award, the Arbitrator may award fees and costs as a sanction if the Arbitrator determines that any claim or defense was frivolous, brought for an improper purpose, or pursued in bad faith. Federal Rule of Civil Procedure 68 is incorporated by reference and shall be applied and enforced by the Arbitrator to the fullest extent permitted by law; for purposes of Rule 68 as applied in the arbitration, the term “costs” shall include reasonable attorneys’ fees to the extent recoverable under these Terms or other applicable law. For purposes of this Section, “applicable law” includes these Terms to the extent it authorizes the recovery or shifting of fees or costs.
(h) Severability and Survival. If any portion of this Arbitration Agreement is found to be unenforceable or unlawful for any reason: (i) the unenforceable or unlawful provision shall be severed; and (ii) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of this Arbitration Agreement or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to this Arbitration Agreement. This Arbitration Agreement survives termination of these Terms and your relationship with us.
Upon any termination or expiration of these Terms or your access to the Site, all provisions that by their nature should survive will survive, including those concerning ownership and intellectual property, disclaimers, indemnities, limitations of liability, and dispute resolution. You may not assign these Terms or your rights to use all or any portion of the Site without our prior written consent. No delay or omission by us to exercise any right or power under these Terms will impair any such right or power or be construed as a waiver thereof. A waiver by us in any one instance of any of the covenants, conditions, or agreements to be performed by you will not be construed as a waiver with respect to any succeeding instance in which the same provision may apply. The headings contained in these Terms are for convenience of reference only and are not to be considered a part of these Terms and will not limit or otherwise affect in any way their meaning or interpretation. These Terms are for the sole benefit of the parties and their respective permitted successors and permitted assigns and nothing herein, expressed or implied, is intended to or will confer upon any other person any legal or equitable right, benefit or remedy of any nature whatsoever, under or by reason of these Terms. These Terms represent the entire understanding and agreement between us and you with respect to the subject matter hereof, and supersede all other negotiations, understandings, and representations (if any) made by and between us and you, whether orally or in writing. If any provision of these Terms is held to be invalid, illegal, or unenforceable, that provision will be enforced to the maximum extent permissible, and the remaining provisions will remain in full force and effect. For purposes of these Terms, the words “include”, “includes” and “including” are deemed to be followed by the words “without limitation”, and the word “or” is not exclusive.
If you have any questions, comments, or concerns regarding these Terms or the Site, please email customerservice@axoramedical.com, call 855-646-7874, or submit a contact us form at https://www.axoramedical.com.
