Terms of Use

Last updated: March 2024

This website is owned and operated by Mainstay Medical International plc, a private limited company incorporated under the laws of Ireland under registered number 516089 (registered address at Clonmel House, Forster Way, Swords, Co. Dublin), and its subsidiaries Mainstay Medical Limited (with United States subsidiary, MML US, Inc., a Delaware corporation) and Mainstay Medical Distribution Limited (collectively “Mainstay”, “we”, or “us”).

These Terms of Use refer to the current website you are visiting (the “Website”). All access to and use of this Website is governed by these Terms of Use. Visiting and using this Website indicates that the user (either “user” or “you” in this document) has reviewed the Terms of Use and has agreed to be bound by them as well as our Privacy Policy. The information provided on our Website is for informational purposes only. If you do not agree to these terms, you may not use or access this Website and are requested to leave the Website immediately.

Disclaimer

This Website contains general information relating to low back pain and treatment, and specific information about Mainstay’s products and services (specifically, the ReActiv8 implantable neurostimulation system). This information is not intended to provide medical advice. You should always consult a physician or other qualified health professional for medical advice and treatment. If you think you may have a medical emergency, call your doctor, 911 (in the US), or 112 (in the European Union (EU)) immediately.

All information on this Website is subject to change without notice. While efforts have been made to make this Website helpful and accurate, Mainstay does not warrant the accuracy of information obtained from this Website. Where errors or omission are brought to the attention of Mainstay, amendments will be made as speedily as possible.

ALL MATERIALS POSTED ON THIS WEBSITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES EXPRESS OR IMPLIED. MAINSTAY AND ITS AGENTS AND THE WEBSITE CREATORS DISCLAIM TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, ALL WARRANTIES INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY DOES NOT WARRANT THAT FUNCTIONS CONTAINED ON THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL OR CAN BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVER ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE COMPANY DOES NOT PROVIDE ANY WARRANTY OR REPRESENTATION AS TO THE MATERIALS ON THIS WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.

Scope of Use

Mainstay provides this Website for informational and educational purposes, and for the general interest of its users. Your access to and use of the information contained in this Website is subject to these Terms of Use; by accessing and using this Website, you accept, without limitation or qualification, these Terms of Use. Mainstay invites you to view and use this Website for your informational, non-commercial use. Except as otherwise provided on this page, no part of any content of this Website may be copied, downloaded, or stored in a retrieval system for any other purpose, nor may it be redistributed for any purpose, without the expressed written permission of Mainstay.

Access to the Website is limited to viewing the linked webpages solely for information purposes to access the information provided by Mainstay at this Website. Any access or attempt to access other areas of Mainstay’s computer system or other information contained on the system for any purposes is strictly prohibited.

Content

The content featured on this Website is intended to be a general information resource to provide you with a variety of information, including information about Mainstay products, and general information relating to low back pain conditions and their treatment. This information is not intended to provide, and does not constitute, medical advice, decision making, or direction in any way. You should always consult a physician or other qualified health professional for medical advice and treatment.

Limitation of Liability

IN NO EVENT WILL MAINSTAY, ITS AGENTS OR THE WEBSITE CREATORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL AND CONSEQUENTIAL DAMAGES, LOSS OR LIABILITY WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF OR RELIANCE ON THIS WEBSITE OR ACCESS TO ANY MATERIALS ON THE WEBSITE, ANY WEBSITES LINKED TO THIS WEBSITE, OR THE MATERIALS OR INFORMATION CONTAINED AT ANY OR ALL SUCH SITES, OR ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN TRANSMISSION, COMPUTER VIRUS OR TELECOMMUNICATIONS FAILURE OF THIS WEBSITE WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF SUCH LOSS OR DAMAGE IS CAUSED BY THE NEGLIGENCE OF THE COMPANY OR ITS AGENTS. IF YOUR USE OF THE MATERIALS OR INFORMATION FROM THIS WEBSITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

IN ADDITION, THE COMPANY SHALL NOT HAVE ANY LIABILITY TO ANY PERSON FOR ANY INJURY OR LOSS (INCLUDING PERSONAL INJURY AND CONSEQUENTIAL LOSS) SUFFERED WHILE PARTICIPATING IN ANY TREATMENTS DESCRIBED OR REFERRED TO IN THE WEBSITE. THE MATERIAL IN THE WEBSITE IS GIVEN FOR INFORMATION ONLY AND THE COMPANY GIVES NO WARRANTY AS TO THE SAFETY AND SECURITY OF SUCH TREATMENTS.

Indemnification

You agree to defend, indemnify, and hold harmless Mainstay, its officers, directors, employees, agents, and licensees from any and all liability including costs, expenses, and attorneys’ fees, resulting from any violation by you of these Terms of Use.

Privacy Policy

Mainstay respects the privacy of its Website users. Please refer to our Privacy Policy, which will inform you about our practices regarding collection, use, and disclosure of information that you may provide to Mainstay through this Website. The Privacy Policy may change from time to time.

E-mails Submitted to Mainstay

E-mail or other submissions over the Internet may not be private or secure. Please consider this before e-mailing any personal or confidential information to Mainstay or any affiliate. Mainstay cannot take any responsibility for information transmitted via the Website and cannot guarantee that any electronic commerce or communication is totally secure.

Submissions

We welcome submissions to this Website in the form of questions, requests, user information, and other. If you submit information to Mainstay through this Website (e.g., the “Contact Us” webpage, via email, forms and/or questionnaires), all such information may be processed and utilized by Mainstay in accordance with the Privacy Policy and consistent with applicable laws and regulations. Mainstay shall have all appropriate use for the information without compensation to the user or visitor who provided the information. You agree that you are responsible for all submissions that you provide and you, not Mainstay, shall have full responsibility of their appropriateness, legality, and for the accuracy of the submission.

Information, News, and Press Releases

This Website contains information, news, and press releases about Mainstay. While this information was believed to be accurate as of the date it was prepared, Mainstay disclaims any duty or obligation to update this information, news, or any press releases. Information about companies other than Mainstay contained in the news, press releases, or otherwise, should not be relied upon as being provided or endorsed by Mainstay.

Updates

Certain webpages and sections of the Mainstay Website are required to be updated periodically or as soon as new relevant information becomes available. These sections may be marked with the date tag, ‘Last updated: dd/mm/yyyy’ or a similar caption/label. Date tags will also be updated if after periodic review, the pages are still deemed to be current. Changes that are administrative in nature (for example, section reference updates or grammatical improvements) may not have a date tag update.

Links

As a convenience, this Website may contain links to other company websites that are maintained and operated by those third parties. Such linked sites are not under the control of Mainstay, and Mainstay is not responsible for the content available on any other sites linked to this Website. Further, such links do not imply Mainstay’s endorsement, sponsorship or recommendation by Mainstay of material on any other site, and Mainstay disclaims any warranties (expressed or implied) about the content and operation of those sites. Mainstay also disclaims any liability for links: (i) from another website to the Website, and (ii) to another website from the Website.

Cookies Policy

[See Privacy Policy]

Modifications

Mainstay reserves the right to modify or amend its Terms of Use at any time, and from time to time. Mainstay will endeavor to post changes to the Terms of Use on the Website when necessary and appropriate, and will provide an updated “Last Updated” date in the introduction above. Please check the Website regularly for the latest version of the Terms of Use.

Intellectual Property

This Website may contain trademarks and service marks. All marks are the property of the proprietors of such marks as indicated unless otherwise provided. All rights in the intellectual property contained in this Website including copyright, trademarks, trade secret and patent rights are reserved. Mainstay Medical and ReActiv8 are registered marks of Mainstay Medical Limited. Product and methods of using product are covered by one or more U.S. Patents including 8,428,728. The editorial content of this Website and all text, graphics, logos, icons, images, audio clips and software is copyright of Mainstay and/or the authors, photographers and illustrators who contribute material to the Website, and the user shall not alter or remove any copyright symbol, or any other identification or information, concerning the authorship or ownership of any of the content of the Website. Access to this Website does not constitute a right to copy or use any of the intellectual property of Mainstay or its suppliers and users are not permitted to copy, market, resell, distribute, retransmit, publish, upload, download, store, display in public, alter, or modify the content contained on this Website or otherwise transfer or commercially exploit, in any form, any of the content of the Website.

Minors

If you are aged 18 or under, please obtain your parent’s/guardian’s permission before you provide any personal information to us through this Website. Users without this consent are not allowed to provide us with personal information.

Mainstay complies with its labeling and regulatory approvals in all applicable countries and territories, and will only market and promote our products to approved patient groups. Under no circumstances, however, will Mainstay knowingly market, promote, or recommend any products or services to any persons under the age of 13, nor will we knowingly collect any personal information from persons under 13. If you are under the age of 13, please immediately stop using this Website and speak to your parent or guardian about obtaining information regarding Mainstay products and services.

Violations

Mainstay reserves the right to seek all remedies available at law and in equity for violations these Terms of Use, including the right to block access from a particular Internet address to the Website.

Use of Information

Mainstay reserves the right, and you authorize Mainstay, to use all information regarding your use of this Website and all information provided by you in any manner consistent with our Privacy Policy.

Governing Laws

Mainstay makes no representation that the information in its Website is appropriate or available for use in other locations, and access to the Website from territories where the content of its Website may be illegal is prohibited. Those who choose to visit the Website from other locations do so on their own initiative and are responsible for compliance with applicable local laws. These Terms of Use and the resolution of any dispute related to them or to the use of this Website shall be governed by and construed in accordance with the laws of the United States, and shall be subject to the exclusive jurisdiction of the US courts. This will not prevent Mainstay from pursuing a claim for breach of contract, copyright infringement, or otherwise in respect of these Terms of Use in any other jurisdiction throughout the world.

How to Contact Us

If you have any questions about this Terms of Use document (or about the Privacy Policy), please contact us through our Contact Us webpage, or by mailing a letter to:

Attention: Legal Department
Mainstay Medical International plc
77 Sir John Rogersons Quay, Block C
Grand Canal Docklands, Dublin 2, D02T804, Dublin, Ireland