Agreement to Terms of Use These Terms and Conditions of Use (the "Terms of Use") apply to the Embla web site located at www.embla.com, and all associated sites linked to www.embla.com by Embla Systems, named herein "Embla", its subsidiaries and affiliates, including Embla sites around the world (collectively, the "Site"). The Site is the property of Embla and its licensors. BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE. Embla reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, Embla grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site. Content All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, "Content"), including but not limited to the design, structure, selection, coordination, expression, "look and feel" and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to Embla, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws. Except as expressly provided in these Terms of Use, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including "mirroring") to any other computer, server, Web site or other medium for publication or distribution or for any commercial enterprise, without Embla's express prior written consent. You may use information on Embla products and services (such as knowledge base articles and similar materials) purposely made available by Embla for downloading from the Site, provided that you (1) not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) not make any additional representations or warranties relating to such documents. Your Use of the Site You may not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. Embla reserves the right to bar any such activity. You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any Embla server, or to any of the services offered on or through the Site, by hacking, password "mining" or any other illegitimate means. You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of Embla, including any Embla account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or Embla's systems or networks, or any systems or networks connected to the Site or to Embla. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person's use of the Site. You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Embla on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity. You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Embla or others. Purchases; Other Terms and Conditions Additional terms and conditions may apply to purchases of goods or services and to specific portions or features of the Site, including contests, promotions or other similar features, all of which terms are made a part of these Terms of Use by this reference. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms of Use and the terms posted for or applicable to a specific portion of the Site or for any service offered on or through the Site, the latter terms shall control with respect to your use of that portion of the Site or the specific service. Embla's obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided, and nothing on this Site should be construed to alter such agreements. Embla may make changes to any products or services offered on the Site, or to the applicable prices for any such products or services, at any time, without notice. The materials on the Site with respect to products and services may be out of date, and Embla makes no commitment to update the materials on the Site with respect to such products and services. Accounts, Passwords and Security Certain features or services offered on or through the Site may require you to open an account (including setting up a Embla ID and password). You are entirely responsible for maintaining the confidentiality of your account information, including your password, and for any and all activity that occurs under your account. You agree to notify Embla immediately of any unauthorized use of your account or password, or any other breach of security. However, you may be held liable for losses incurred by Embla or any other user of or visitor to the Site due to someone else using your Embla ID, password or account. You may not use anyone else's Embla ID, password or account at any time without the express permission and consent of the holder of that Embla ID, password or account. Embla cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations. Privacy Embla's Privacy Statement applies to use of this Site, and its terms are made a part of these Terms of Use by this reference. To view Embla's Privacy Statement, click here. Additionally, by using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted. Links to Other Sites and to the Embla Site This Site may contain links to other independent third-party Web sites ("Linked Sites"). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under Embla's control, and Embla is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites. Disclaimers Any medical information is provided as a general information service only, and is not intended as a substitute for advice from a registered physician or other healthcare professional. Product information is provided as a general information service only, and is not intended as a substitute for user manuals or other documentation supplied with Embla product, nor as a substitute for advice from a registered physician or other healthcare professional. The product described on this web site may not be available in all countries. In particular, when there are different part-numbers for a product, the European products comply with the Medical Device Directive, meet local regulations and bear a CE mark. Products without a CE-mark should not be distributed in Europe. In some countries, some or all of the product described on this website is available only by order of a physician. Embla does not promise that the site or any content, service or feature of the site will be error-free or uninterrupted, or that any defects will be corrected, or that your use of the site will provide specific results. The site and its content are delivered on an "as-is" and "as-available" basis. All information provided on the site is subject to change without notice. Embla cannot ensure that any files or other data you download from the site will be free of viruses or contamination or destructive features. Embla disclaims all warranties, express or implied, including any warranties of accuracy, non-infringement, merchantability and fitness for a particular purpose. Embla disclaims any and all liability for the acts, omissions and conduct of any third parties in connection with or related to your use of the site and/or any Embla services. You assume total responsibility for your use of the site and any linked sites. Your sole remedy against Embla for dissatisfaction with the site or any content is to stop using the site or any such content. This limitation of relief is a part of the bargain between the parties. The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action. Embla reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes. Limitation of Liability Except where prohibited by law, in no event will Embla be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if Embla has been advised of the possibility of such damages. Indemnity You agree to indemnify and hold Embla, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys' fees), made against Embla by any third party due to or arising out of or in connection with your use of the Site. Violation of These Terms of Use Embla may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Embla's rights or property, or the rights or property of visitors to or users of the Site, including Embla's customers. Embla reserves the right at all times to disclose any information that Embla deems necessary to comply with any applicable law, regulation, legal process or governmental request. Embla also may disclose your information when Embla determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes. You acknowledge and agree that Embla may preserve any transmittal or communication by you with Embla through the Site or any service offered on or through the Site, and may also disclose such data if required to do so by law or Embla determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms of Use, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of Embla, its employees, users of or visitors to the Site, and the public. You agree that Embla may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Site. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to Embla, for which monetary damages would be inadequate, and you consent to Embla obtaining any injunctive or equitable relief that Embla deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Embla may have at law or in equity. You agree that Embla may, in its sole discretion and without prior notice, terminate your access to the Site, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Site or any service offered on or through the Site, or (4) unexpected technical issues or problems. If Embla does take any legal action against you as a result of your violation of these Terms of Use, Embla will be entitled to recover from you, and you agree to pay, all reasonable attorneys' fees and costs of such action, in addition to any other relief granted to Embla. You agree that Embla will not be liable to you or to any third party for termination of your access to the Site as a result of any violation of these Terms of Use. Dispute Resolution You agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by the laws of Iceland without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the federal courts of Iceland and waive any objection to such jurisdiction or venue. Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. No recovery may be sought or received for damages except that the prevailing party will be entitled to costs and attorneys' fees. In the event of any controversy or dispute between Embla and you arising out of or in connection with your use of the Site, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law. Void Where Prohibited Embla administers and operates the corporate Site from its location in Reykjavik, Iceland; other Embla sites may be administered and operated from various locations outside Iceland. Although the Site is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Site are available to all persons or in all geographic locations. Embla reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Site is void where prohibited. If you choose to access the Site, you do so on your own initiative and you are solely responsible for complying with applicable local laws. Trademark Information Use of the Embla Logo for commercial purposes and the use of Embla trademarks without the prior written consent of Embla are prohibited, unless expressly authorized. Embla Trademarks Embla® Rembrandt® Somnologica™ NiteAssistant™ DaVinci™ Enterprise™ Embla® Embletta® Monet™ XactTrace™ Aritsan™ Vincent™ Copyright Information A copyright is a property right in an original work of authorship. Copyright is recognized in most countries of the world by statutory copyright laws. Copyright exists in the expression of an idea, but not the idea itself. Copyrightable expressions can take many forms but are usually categorized as literary, musical, dramatic, pantomime and choreography, pictorial, graphic, sculptural, computer programs, motion pictures, and sound recordings. To obtain permission to use Embla copyrighted materials, please refer to Rights and Permissions below. Rights and Permissions If you have any questions concerning the usage or licensing of Embla copyrighted materials, for example, photographs, video footage, Embla advertisements or other Embla materials, please submit your detailed request in writing. Please be sure to include any surrounding copy or text to the Embla material. Requests may be faxed to Rights and Permissions at +354 510 2010, or mailed to Embla, Attention: Rights and Permissions, Vesturhid 7, 105 Reykjavik, Iceland. Embla's Unsolicited Idea Submission Policy Embla or any of its employees do not accept or consider unsolicited ideas, including ideas for new advertising campaigns, new promotions, new or improved products or technologies, product enhancements, processes, materials, marketing plans or new product names. Please do not send any original creative artwork, suggestions or other works. The sole purpose of this policy is to avoid potential misunderstandings or disputes when Embla's products or marketing strategies might seem similar to ideas submitted to Embla. So, please do not send your unsolicited ideas to Embla or anyone at Embla. If, despite our request that you not send us your ideas, you still send them, then regardless of what your letter says, the following terms shall apply to your idea submission. Terms of Idea Submission You agree that: (1) your ideas will automatically become the property of Embla, without compensation to you, and (2) Embla can use the ideas for any purpose and in any way, even give them to others. Product Feedback Embla does, however, welcome your feedback regarding many areas of Embla's existing business. If you want to send us your feedback, and we hope you do, we simply request that you email us at feedback@embla.com. Please provide only specific feedback on Embla's existing products or marketing strategies; do not include any ideas that Embla's policy will not permit it to accept or consider. It's just one more way that Embla can learn how to best satisfy your needs. Feedback and Information Any feedback you provide at this site shall be deemed to be non-confidential. Embla shall be free to use such information on an unrestricted basis. Software and Documentation Information Software Use of any software downloaded from this site is subject to the license terms in the Software License Agreement that accompanies or is provided with the Software. Users may not download or install the Software until they have read and accepted the terms of the Software License Agreement. Documentation Any person is hereby authorized to: a) store documentation on a single computer for personal use only and b) print copies of documentation for personal use provided that the documentation contains Embla's copyright notice. Third Party Companies and Products Mention of third-party products, companies and web sites on the Embla web site is for informational purposes only and constitutes neither an endorsement nor a recommendation. Embla assumes no responsibility with regard to the selection, performance or use of these products or vendors. Embla provides this only as a convenience to our users. Embla has not tested any software found on these sites and makes no representations regarding the quality, safety, or suitability of any software found there. There are dangers inherent in the use of any software found on the Internet, and Embla assumes no responsibility with regard to the performance or use of these products. Make sure that you completely understand the risks before retrieving any software on the Internet. All third party products must be ordered directly from the vendor, and all licenses and warranties, if any, take place between you and the vendor. Links to Other Web Sites Embla makes no representation whatsoever regarding the content of any other web sites which you may access from the Embla web site. When you access a non-Embla web site, please understand that it is independent from Embla and that Embla has no control over the content on that web site. A link to a non-Embla web site does not mean that Embla endorses or accepts any responsibility for the content or use of such web site. Warranties and Disclaimers Embla intends for the information and data contained in the Embla web site to be accurate and reliable, however, since the information and data have been compiled by Embla from a variety of sources, it is provided "as is." Embla EXPRESSLY DISCLAIMS ALL WARRANTIES AND/OR CONDITIONS, EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO OR REFERENCED BY THE Embla WEB SITE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY OR SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON INFRINGEMENT. Embla provides access to Embla international data and, therefore, may contain references or cross references to Embla products, programs and services that are not announced in your country. Such reference does not imply that Embla in your country intends to announce such products, programs or services. The information contained in this website is subject to change without notice. Copyright © 1996-2008 Embla. All rights reserved. Embla, 11001 W. 120th Ave., Broomfield, CO 80021, USA Effective November 2008