Outset Medical Website Terms of Use

Effective Date: July 19, 2022

These Terms of Use (“Terms”) governs (i) your use of the Outset Medical (“us” or “our” or “we” or “Outset Medical”) websites on which they are included, including subdomains and redirects that link to these terms (collectively, the “Website”) and (ii) all text, data, information, software, graphics, videos, photographs, other materials that we may make available to you through the Website and communications with us related to your use of the Website (collectively, “Information”).

Please read these Terms carefully before accessing the Website.

The Information provided on the Website is for general personal, informational, and educational purposes only. By using this Website, you agree to be bound by and comply with these Terms. If you do not agree to be bound by and comply with these Terms, you may not access the Website or use, or download our Information. As noted below, we reserve the right to change these Terms from time to time.

CALL 911 FOR EMERGENCIES

IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, CALL 911.

NO MEDICAL ADVICE

The Information on this Website is educational in nature only and designed to inform visitors about Outset Medical and its products or services. Outset Medical does not practice medicine, nor does it provide medical advice. The Information on this Website should not be considered medical advice.

If you are an individual, consult with your healthcare professional regarding any questions or concerns you may have about your health, or the health of your loved ones, before making any treatment decisions.
If you are a healthcare professional, you should not use the Information as a substitute for your own medical judgment, which you should exercise in evaluating the Information.

INTENDED AUDIENCE

This Website contains information about Outset Medical products and services that have been approved and cleared for use in the United States of America. As a result, the Information on this Website is intended for a U.S. audience only.

If you live in a country other than the United States of America, you may see Information on this Website about products or services that are not approved or marketed in your country. Outset Medical makes no representation that the Information is appropriate or available for use outside of the United States. If you access this Website from locations outside of the United States, you do so on your own initiative and you are solely responsible for compliance with local laws, as applicable.

Information on this Website about products or services does not imply that Outset Medical intends to announce or make them available in your country and does not constitute marketing of such products or services in your country. Nothing on this Website should be construed as a solicitation or promotion for any product or service, or for an indication for any product or service, which is not authorized by the laws and regulations of the country where the reader resides.

CHANGES

We may alter the Information or modify, suspend, or discontinue the Website or portions of it at any time without notification to you. We may also change, update, add, or remove provisions of these Terms from time to time. You should check the Website from time to time for changes to these Terms. When we modify these documents, we will update the date at the top of these Terms. If you do not agree to the modifications to these Terms, you must immediately stop using the Website.

These Terms also may be supplemented or superseded in whole or in part by legal notices or terms applicable to certain services provided via the Website. Those legal notices or terms are incorporated into these Terms and supersede the provisions of these Terms for purposes of those specified services.

PRIVACY POLICY

We respect your privacy. Please refer to our Privacy Notice that explains how we collect and handle your Personal Information and your rights with respect to your Personal Information.

FORWARD-LOOKING STATEMENTS

Except for historical information and discussions, statements on this Website may constitute forward-looking statements concerning Outset Medical’s financial results and business development and regulatory activities. These statements are based on assumptions about many important factors and involve a number of risks and uncertainties that could cause actual results to differ materially from those in the forward-looking statements, as discussed in our filings with the U.S. Securities and Exchange Commission, which are located at the Filings sub-tab in the “Investors” area of our Website. Outset Medical does not undertake to update its forward-looking statements unless otherwise required by U.S. Federal securities laws.

PERMITTED USE OF WEBSITE AND INFORMATION

You may use the Website and Information for individual informational purposes only. Your right to use the Website and the Information is conditioned on your compliance with these Terms. If you make copies of any portion of the Website or the Information while engaging in purposes that comply with these Terms, you must keep all copyright and other proprietary notices as they appear on the Website and the Information. You have no other rights in the Website or the Information.

UNAUTHORIZED ACTIVITIES

Your use of the Website and the Information is subject to applicable law, and you agree to comply with those laws while you use the Website and Information. Any attempt to interfere with or disrupt the operation or availability of, damage, alter the content of, or gain unauthorized access to the Website, the servers or networks connected to the Website, or Information is a violation of criminal and civil law, and Outset Medical reserves its rights at law and equity, including the right to seek damages. We may also refer the matter to law enforcement.

Without limiting the foregoing, you are not authorized to use the Website, the Information, or any part of either of them in any of the following ways:

In connection with or on another website or forum, except where we have agreed in advance to such use, and provided your use conforms to that agreement;
In a manner that modifies, edits, publicly displays, publicly performs, reproduces, creates derivative works of, reverse engineers, enhances, distributes any part of, or in any way exploits the Website or Information;
In a manner that violates any applicable law, regulation, rule, order, or treaty, including but not limited to any action that constitutes infringement of others’ intellectual property rights or the promotion or encouragement of illegal substances or activities;
To make defamatory, libelous, derogatory statements or statements that invade another person’s privacy or publicity rights; that are vulgar, obscene, bigoted, hateful, profane, scandalous, pornographic, indecent or otherwise objectionable;
To stalk, harass, threaten, abuse, or harm another individual;
To impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity;
To interfere with or disrupt the Website or the servers or networks connected to the Website;
To use any indexing, data mining, robots, or similar data-gathering or manual or automated extraction methods in connection with the Website or Information; or
To harvest or collect information about website users or visitors without their express written consent.

RESTRICTED AREAS OF THE WEBSITE

You do not need to register to visit and view the Website. However, to use certain services provided via the Website, you may need to create an account with us. If an account is required, supplemental terms applicable to such services may describe the account creation process and supplemental terms related to those services.

For so long as you use the account, you agree to provide true, accurate, current, and complete information. If you need to change or update your information, contact us at the link provided in connection with the account you set up for the service.

You are responsible for maintaining the confidentiality of your account credentials and for all activities that happen on and through your account. Do not share your account password, let others access or use your account or password, or do anything else that might jeopardize the security of your password. You agree to notify us if your password is lost or stolen, if you are aware of any unauthorized use of your password, or if you know of any other breach of security in relation to our Website.

LINKS TO AND FROM THIRD-PARTY SITES

This Website may be accessed by links or references that may appear on third-party websites (“Third-Party Sites”) over whom Outset Medical has no control. Similarly, this Website may contain links or references to Third-Party Sites. We do not control Third-Party Sites, nor do we endorse or make any representations about Third-Party Sites; any information, software, products, services, or materials found on them; or any results that may be obtained from using them. We make no warranties or representations of any kind as to the accuracy, currency, or completeness of any information contained on any Third-Party Site. If you decide to access any Third-Party Site to which we have provided links or references from our Website, you do so entirely at your own risk and you must follow the privacy policies and terms and conditions for those sites. Outset Medical disclaims any and all liability for damages or injuries of any kind arising from content or information from or about Third-Party Sites.

INTELLECTUAL PROPERTY

The Trademarks, service marks and logos displayed on this Website and in the Information are registered and unregistered Trademarks of Outset Medical, its affiliates, or third parties (the “Trademark(s)”). Nothing contained in this Website should be interpreted as granting, by implication, estoppel, or otherwise, any license or right in and to the Trademarks without the express written permission of Outset Medical or the applicable third party. The use of the Trademarks or any other materials, except as permitted in these Terms, is expressly prohibited and may violate copyright law, trademark law, the law of privacy and publicity, and communications regulations and statutes.

Without our prior, express written permission, you may not, distribute, modify, reproduce, transmit, reuse, repost, or use the Website or any Information for public or commercial purposes, including the text, images, audio, or video. Everything you see or read on this Website should be assumed to be copyrighted unless otherwise noted and may not be used, except as provided in the Terms or in the text on the Website or without our prior, express written permission. Outset Medical makes no warranty or representation that your use of this Website or the Information will not infringe rights of third parties not owned by, or affiliated with, Outset Medical. Nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any patent or copyright of Outset Medical, or any third party.

BETTER BEGINS NOW®, Outset®, Tablo®, TabloHub™, MyTablo™, and TabloDash™ are registered or unregistered Trademarks of Outset Medical, Inc. or its subsidiaries. Any other trademarks or product brands appearing on the Website or Information are the property of their respective owners.

DMCA INFRINGEMENT ALLEGATIONS

We respect the intellectual property rights of others in accordance with the Digital Millennium Copyright Act of 1998 (the “DMCA”). Accordingly, we have implemented procedures for receiving written notification of claimed copyright infringement and for responding to them in accordance with the DMCA. If you are a copyright owner, authorized to act on behalf of a copyright owner, or otherwise authorized to act under any exclusive right under copyright law, and if you wish to report an allegation of copyright infringement, please provide your Written Notice of Alleged Copyright Infringement to [email protected]. Upon receipt of your notice, we will take whatever action, in our sole discretion, we deem appropriate under the circumstances, including removal of the allegedly infringing material, from the website.

Your Written Notice of Alleged Copyright Infringement must include the following information:

Your electronic or physical signature, in your capacity as either the copyright owner or a person authorized to act for the copyright owner.
The identification of the copyrighted work you claim has been infringed, or a representative list of such works;
The URL or location of the materials that you claim have been infringed, or information that enables us to locate the material;
Your name, address, telephone number and email address;
A statement that you have a good faith believe that the disputed use of the material is not authorized by the copyright owner, its agent, or the law; and
A statement by you, under penalty of perjury, that the information you provided to us in your Written Notice of Alleged Copyright Infringement is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner.

DMCA COUNTER-NOTIFICATION INSTRUCTIONS

If you are notified by us that we have removed or disabled access to information you have provided us in response to a validly received take-down notice, you may provide us with a written counter-notification that includes the following information:

Your name, physical address, email address, and phone number;
Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
A statement from you under the penalty of perjury that you have “a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled”; and
A statement that you consent to the jurisdiction of a court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which we may be located, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of that person.
Your electronic or physical signature.

Send the above information to the following email address: [email protected].

TERMINATION OF REPEAT INFRINGERS

We reserve the right, in our sole discretion, to terminate the account or access of any user of the Website who is the subject of repeated take-down or other infringement notices.

NO CONFIDENTIAL INFORMATION

Outset Medical does not want to receive confidential or proprietary information from you through our Website. Subject to our Privacy Notice, any communication or other material that you send to us through the Internet or post on or sent to us through our Websites or apps, by electronic mail, electronic message, or otherwise, including any questions, comments, suggestions or the like, is and will be deemed to be non-confidential and Outset Medical shall have no obligation of any kind with respect to such information.

By sending us any information or material that we wish to retain (as determined by Outset Medical in its sole discretion), you hereby assign all right, title, and interest in, and we are free to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the information or materials you have sent to us, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services. Where the assignment is prohibited by law, you grant us an exclusive, irrevocable transferable, worldwide, royalty-free, fully paid-up license (including the right to sublicense) to copy, reproduce, publish, upload, post, transmit, distribute, publicly display, perform, modify, create derivative works from, and otherwise freely use, those materials or information for any purpose.

You also understand that we are not obligated to use, display, reproduce, or distribute any ideas, know-how, concepts, or techniques you provide to us, and you have no right to compel our use, display, reproduction, or distribution.

WARRANTY DISCLAIMER

USE OF THIS WEBSITE IS AT YOUR SOLE RISK. THIS WEBSITE AND ALL INFORMATION IS PROVIDED “AS IS” AND “WITH ALL FAULTS” WITH NO WARRANTIES OR GUARANTEES WHATSOEVER. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THIS WEBSITE AND ALL INFORMATION IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND (EXPRESS, IMPLIED, STATUTORY OR OTHER) WITH RESPECT TO THIS WEBSITE AND INFORMATION, WHICH INCLUDES BUT IS NOT LIMITED TO, ANY IMPLIED OR STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. WITHOUT LIMITATION, OUTSET MEDICAL MAKES NO WARRANTY OR GUARANTEE THAT THIS WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED. WE DO NOT REPRESENT OR WARRANT THAT THE WEBSITE OR THE INFORMATION IS FREE OF VIRUSES THAT MAY INFECT YOUR COMPUTING EQUIPMENT OR OTHER PROPERTY. YOU UNDERSTAND AND AGREE THAT IF YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIALS, INFORMATION, PRODUCTS, SOFTWARE, PROGRAMS, OR SERVICES FROM THIS WEBSITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES THAT MAY RESULT, INCLUDING LOSS OR CORRUPTION OF DATA, LOSS OF AVAILABILITY OF DATA, LOSS OF CONFIDENTIALITY OF DATA OR DAMAGE TO YOUR COMPUTER SYSTEM OR ENVIRONMENT.

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL OUTSET MEDICAL BE LIABLE TO YOU OR ANY PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY TYPE WHATSOEVER RELATED TO OR ARISING FROM THIS WEBSITE OR ANY USE OF THIS WEBSITE, OR OF ANY SITE OR RESOURCE LINKED TO, REFERENCED, OR ACCESSED THROUGH THIS WEBSITE, OR FOR THE USE OR DOWNLOADING OF, OR ACCESS TO, ANY MATERIALS, INFORMATION, PRODUCTS, OR SERVICES, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS OR REVENUE, BUSINESS INTERRUPTION, LOSS OF OTHER ECONOMIC ADVANTAGE, LOST SAVINGS OR LOSS OF PROGRAMS OR OTHER DATA, EVEN IF OUTSET MEDICAL IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUTSET MEDICAL’S MAXIMUM LIABILITY TO YOU UNDER THESE TERMS SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100). THIS EXCLUSION AND WAIVER OF LIABILITY APPLIES TO ALL CAUSES OF ACTION, WHETHER BASED ON CONTRACT, WARRANTY, TORT, OR ANY OTHER LEGAL THEORIES.

INDEMNITY

You agree to indemnify, defend and hold Outset Medical, its affiliates, subsidiaries, and its licensors, and all of their respective officers, directors, agents and employees, harmless from any and all claims, demands, liabilities, damages, losses, costs, expenses, and fees (including attorneys’ fees), arising out of or in connection with or resulting in any manner from your violation of these Terms or your access to or use of the Website and/or the Information. This provision shall survive the termination of the Terms and remain in full force and effect.

GOVERNING LAW; VENUE; CLAIMS LIMITATION

These Terms are exclusively governed by the law of the State of California and applicable U.S. federal law, without regard to the choice or conflicts of law provisions. All disputes relating to these Terms shall be brought in state or federal Courts located in Santa Clara County, California. You agree that any cause of action you may have under these Terms must be brought within one year of the date when such claim arose.

EXPORT CONTROL

We control and operate this Website from the United States of America. You agree to comply with the US export law.

GENERAL

If any provision of these Terms is held to be unenforceable for any reason by a court of competent jurisdiction, then that provision shall be severed without affecting the enforceability of all remaining provisions of these Terms.

By choosing not to enforce any of these Terms, we are not waiving our rights.

The proprietary rights, disclaimer of warranties, representations made by you, indemnities, limitations of liability and general provisions shall survive any termination of these Terms.

CONTACT US

If you have any questions about these Terms, you can reach us at:

Legal Department
Outset Medical, Inc.
3052 Orchard Drive
San Jose, CA 95134
669-231-8200
[email protected]