Terms of Use
Last updated: December 20, 2023
Welcome to ONWARD!
At ONWARD, we respect the privacy of our users. For details regarding which information we collect, and how we use it, please see our Privacy Policy at www.onwd.com/privacy-policy. By using the Site, you consent to the collection and use of personal data as outlined therein.
ONWARD Medical N.V. (hereafter refer as “ONWARD” “we,” “us,” “our”) provides this site to you through its website located at www.ONWARD.com (the “Site”), subject to the following Terms of Use (as amended from time to time, the “Terms of Use”).
IMPORTANT LEGAL NOTICE: This website is NOT intended to provide any medical service, diagnosis or treatment advice, nor should anything on this site be construed as medical advice or information. If you have any medical condition, please consult your healthcare professional. Please note that ONWARD does not recommend, endorse, or make any representation about the efficacy, appropriateness or suitability of any specific tests, products, procedures, treatments, sites, opinions, healthcare providers or other information that may be contained on or available, or accessible through the Site.
DISCLAIMER: The views and opinions expressed in the videos and other material published on social media as well as the comments or content provided by the users are those of the authors and do not necessarily reflect the view, policy, or position of ONWARD Medical.
Please read the following terms carefully as they include important information related to your legal rights and obligations.1. Acceptance of ONWARD’s Terms of Use.When accessing and using our Site, you agree to the following Terms of Use; if you do no agree please, do not use the site.
These Terms of Use were last updated on December 1, 2023. We may change these Terms of Use at any time. Please review the Terms of Use each time you visit the website.
By using this website, it means you accept the most recent version of the Terms of Use.
You will be subject to any additional terms applicable to such Site that may be posted on the Site, including, without limitation, the Privacy Policy located at www.onwd.com/privacy-policy.2. Right to modify the terms of Use.We reserve the right, at our sole discretion, to change or modify portions of these Terms of Use at any time. If we do this, we will post the changes on this page and will indicate at the top of this page the date these terms were last revised.
Any such changes will become effective no earlier than fourteen (14) days after they are posted, except that changes addressing new functions of the Site or changes made for legal reasons will be effective immediately. Your continued use of the Site after the date any such changes become effective constitutes your acceptance of the new Terms of Use.3. Access and Use of the Site.ONWARD is a company that specializes in developing and commercializing targeted, programmed stimulation of the spinal cord (“Research”) through clinical trials, including the ARCEX and ARCIM Systems. The Site provides you, the user, with information about our company, our research initiatives, and our products in development.4.-Registration Obligations.We do not require you to be registered with ONWARD to access and use features of the Site but some of your content may be transferred unencrypted and involve transmission over various networks. You understand that some of your content may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Individuals living in the EU are encouraged to review our Privacy Policy ONWARD – Privacy Policy (onwd.com) which explains in detail what information we collect and how we use it, and information regarding cross-border transfers of personal data.5. Modifications to Site.ONWARD reserves the right to modify or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice. You agree that ONWARD will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site.
You are responsible for taking all precautions necessary to ensure that any content you may obtain from this website is free of viruses and any other potentially destructive computer code.6. General Practices Regarding Use and Storage.You acknowledge that ONWARD may establish general practices and limits concerning use of the Site and that ONWARD has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Site.
You acknowledge that ONWARD reserves the right to discontinue providing content and reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.7. Conditions of Use, Usage Restrictions and Prohibited Utilization of Services.You are solely responsible for all kind of information that you submit via our forms or email to the Site. ONWARD reserves the right to investigate and take appropriate legal action against anyone who, in ONWARD’s sole discretion, violates this provision, including without limitation, reporting you to the law enforcement authorities.
You acknowledge and agree that any data collected (“the data”) from this website shall not be utilized for the development of any software program, including but not limited to, the creation or training of machine learning models, artificial intelligence systems, or any similar technologies.
The extraction, use, or training of third-party entities, including but not limited to external organizations, researchers, or developers, using the data for the purposes of developing software programs, machine learning models, or any AI systems is strictly prohibited.
Onward reserves the right to monitor and audit the usage of data to ensure compliance with this clause. Any unauthorized use for software development purposes will be considered a breach of these terms.
You agree to not use the Site to: a) email or submit any content that (i) infringes any intellectual property or other proprietary rights of any party; (ii) you do not have a right to submit under any law or under contractual or fiduciary relationships; (iii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (iv) poses or creates a privacy or security risk to any person; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation; (vi) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful racially, ethnically or otherwise objectionable; or (vii) in the sole judgment of ONWARD, is objectionable or which restricts or inhibits any other person from using or enjoying the Site, or which may expose ONWARD or its users to any harm or liability of any type;
b) interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site; or
c) violate any applicable local, state, national or international law, or any regulations having the force of law;
d) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
e) solicit personal information from anyone;
f) harvest or collect email addresses or other contact information of other users from the Site by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
g) advertise or offer to sell or buy any goods or Site for any business purpose ;
h) further or promote any criminal activity or enterprise or provide instructional information about illegal activities; or
i) obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Site.
No Commercial Use: The Site is for your personal use only, and unless otherwise expressly authorized herein or in the Site, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or upload for any commercial purposes, any portion of the Site, use of the Site, or access to the Site.8. Intellectual Property Rights.You acknowledge and agree that the Site may contain content or features (“Site Content”) that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws.
You agree not to display or use the ONWARD logo or trademark in any manner without our prior written permission. You also agree not to link from a website that is not owned by you and not to misrepresent your relationship with, nor present any other false information about Onward.
Except as expressly authorized by ONWARD, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute, or create derivative works based on the Site or the Site Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you legally upload to the Site. In connection with your use of the Site you will not engage in or use any data mining, robots, scraping, or similar data gathering or extraction methods.
If you are blocked by ONWARD from accessing the Site (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address).
Any use of the Site or the Site Content other than as specifically authorized herein is strictly prohibited. Any rights not expressly granted herein are reserved by ONWARD.
The ONWARD name and logos are trademarks and Site marks of ONWARD (collectively the “ONWARD Trademarks”). Other company, product, and Site names and logos used and displayed via the Site may be trademarks or Site marks of their respective owners who may or may not endorse or be affiliated with or connected to ONWARD.
Nothing in this Terms of Use or the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of ONWARD Trademarks displayed on the Site, without our prior written permission in each instance. All goodwill generated from the use of ONWARD Trademarks will inure to our exclusive benefit.9. Limitation of Liability.9.1 Third Party Material and Websites
Under no circumstances will ONWARD be liable in any way for any content or materials of any third parties (including users, or for any loss or damage as a result of the use of any such content, ONWARD and its designees will have the right to remove any content that violates these Terms of Use or is deemed by ONWARD, in its sole discretion.
The Site may provide, or third parties may provide, links or other access to other sites and resources on the Internet. ONWARD has no control over such sites, do not review, monitor or control the materials on any other website.
You acknowledge that ONWARD is not responsible for the performance of those websites or for your business dealings with them. Your use of other websites is subject to the terms of use of those websites, including the privacy policies and copyrights policies of those websites.
You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.
9.2 User Content Transmitted Through the Site.
With respect to the content or other materials you email or submit through the Site (collectively, “User Content”), you represent and warrant that you own all right, title and interest in and to such User Content, including, without limitation, all copyrights and rights of publicity contained therein.
By emailing or submitting any User Content you hereby grant and will grant ONWARD and its affiliated companies a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, upload, perform, distribute, store, modify and otherwise use your User Content in connection with the operation of the Site in any form, medium or technology now known or later developed.
You acknowledge and agree that ONWARD may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to comply with legal or regulatory process or request, applicable laws and (b) enforce these Terms of Use; for taking action in order to protect rights of third parties or safety of Onward and its users and public.You understand that the technical processing and transmission of the Site, including your content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
9.3 Indemnity and Release.
You agree to release, indemnify and hold ONWARD and its affiliates and their officers, employees, directors and agents (collectively, “Indemnitees”) harmless from any from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Site, any User Content, your connection to the Site, your violation of these Terms of Use or your violation of any rights of another.
9.4 Disclaimer of Warranties.
YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. ONWARD EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
ONWARD MAKES NO WARRANTY THAT (I) THE SITE WILL MEET YOUR REQUIREMENTS, (II) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SITE, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS.
9.5 Limitation of Liability.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT ONWARD WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ONWARD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SITE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SITE RESULTING FROM ANY GOODS, DATA, INFORMATION OR SITE PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR (V) ANY OTHER MATTER RELATING TO THE SITE. IN NO EVENT WILL ONWARD’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED ONE HUNDRED DOLLARS ($100).
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE OR WITH THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SITE.10. Dispute Resolution by Binding Mediation: PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.a. Agreement to Mediate
Any dispute relating to or arising from your use of the Site and these Terms of Use, that is not subject to mandatory provisions on different terms at the place of the mediation proceedings, including mediations between parties belonging to different jurisdictions or parties to domestic disputes, shall be submitted to a procedure of mediation in accordance with the Mediation Rules of the European Centre of Arbitration and Mediation having its seat in Strasbourg – which Rules are in force at the date of filing of the application for mediation – conducted by a sole mediator selected and appointed by its local branch competent by territory – if any – and if not by the Centre itself and proceeding according to them.
If mediation is successful, the agreement signed by the parties which conciliates the dispute will constitute a settlement between the parties settling the existing dispute or for avoiding a future dispute. A party may seek by or through any court enforcement of any reciprocal obligation arising from such settlement.11. User Compliance with Laws.This Website is based in Europe. We make no claims concerning whether the Content may be downloaded, viewed, or be appropriate for use outside of Europe. If you access the Website or the Content from outside of the European Union you do so at your own risk. Whether inside or outside of the European Union, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.12. Termination.You agree that ONWARD, in its sole discretion, may suspend or terminate your use of the Site and remove and discard any content within the Site, for any reason, including, without limitation, for lack of use or if ONWARD believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Use. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of Site, may be referred to appropriate law enforcement authorities.
You agree that any termination of your access to the Site under any provision of this Terms of Use may be affected without prior notice, and acknowledge and agree that ONWARD may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Site. Further, you agree that ONWARD will not be liable to you or any third party for any termination of your access to the Site.13. General.These Terms of Use constitute the entire agreement between you and ONWARD and govern your use of the Site, superseding any prior agreements between you and ONWARD with respect to the Site. You also may be subject to additional terms and conditions that may apply when you use affiliate or third-party Site, third party content or third-party software.
These Terms of Use will be governed by the laws of the Netherlands.
The failure of ONWARD to exercise or enforce any right or provision of these Terms of Use will not constitute a waiver of such right or provision. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Use remain in full force and effect.14. Electronic Communications.If you provide us with your contact information, by completing either the “Contact Us” or “Information Request” form(s), You consent to communicating with us electronically, including via email. You agree that electronic communications, including consents and authorizations that you may give, shall satisfy any legal requirements for a writing.15. Questions, suggestions and notices.You may deliver notice to ONWARD by email at info@onwd.com or by written communication delivered to the following address:
ONWARD Medical N.V.
Schimmelt 2
5611 ZX Eindhoven
Netherlands
