Terms of Use

Welcome to the Katena website, with a homepage located at www.Katena.com (the "Site" or “Website”).

These Terms of Use are entered into by and between you and Katena Products, Inc (“Katena” including any subsidiary, affiliate or successor entities). The following Terms of Use and conditions, together with the Privacy Policy, disclaimers or terms and conditions that appear elsewhere on the Site, which are incorporated herein by reference, (collectively, the “Terms of Use”) govern your access to and use of the Site, including any functionality, goods, and services offered on or through the Site.

Please read the Terms of Use carefully. By either: (1) using the Site, or (2) clicking on the “I Agree” checkbox, you accept and agree to be bound and abide by these Terms of Use. If you do not want to agree to these Terms of use, you must not access or use the Site. “You” and similar terms mean you as an individual, as well as the business or entity on whose behalf you are using this Site, and you represent and warrant that you are authorized to enter into this agreement on behalf of yourself and such business or entity.

This Site is owned and controlled by Katena and is operated with the assistance of certain third parties.

Katena reserves the right to make changes to the Site and its Terms of Use at any time. If you are dissatisfied with the Site, its content or Terms of Use, you agree that your sole and exclusive remedy is to discontinue using the Site.

Disclaimer of Warranty and Liability

THIS SITE INCLUDING ALL CONTENT ARE PROVIDED "AS IS" AND WITH ALL FAULTS. KATENA DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, QUALITY OF INFORMATION AND TITLE/NON-INFRINGEMENT. YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF OUR SITE. NEITHER KATENA NOR ANY PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THIS SITE OR ANY ASPECT THEREOF SHALL BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT, PUNITIVE OR OTHER DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION), ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS, USE OR INABILITY TO USE THIS SITE, OR ERRORS OR OMISSION IN THE CONTENT THEREOF, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT ACCESS TO AND USE OF THIS SITE AND THE CONTENT THEREOF IS AT YOUR SOLE RISK. WE DO NOT WARRANT THAT THIS SITE, OR RELATED SOFTWARE, DATA, EMAILS, PRODUCTS OR SERVICES ARE FREE FROM DEFECTS, VIRUSES OR OTHER HARMFUL COMPONENTS.

Indemnification

You agree to defend, indemnify and hold Katena, its parent and affiliated entities, and all of their owners, officers, directors employees, contractors and service providers (collectively, “Protected Entities”), harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the Site and/or your breach of these Terms of Use, including but not limited to User Content.

Intellectual Property Rights

Unless otherwise noted, the Site and its entire content, features and functionality (including all information, software, text, displays, images, video, audio, and the compilation thereof) are copyrights, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by Katena, its suppliers or affiliates, or by third parties who have licensed their materials to Katena and are protected by U.S. and international copyright, trademark, patent, trade secure and other intellectual property or proprietary laws.

Katena and its suppliers and licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content and other materials which appear on this Site. Access to this Site does not confer and shall not be considered as conferring upon anyone any license under any of Katena's or any third party's intellectual property rights.

The Katena names and logos and all related product and service names, design marks and slogans are the trademarks or service marks of Katena and/or its suppliers and vendors. All other marks are the property of their respective companies. No trademark or service mark license is granted in connection with the materials contained on this Site. Access to this Site does not authorize anyone to use any name, logo or mark in any manner.

Third Party Resources; Links

If the Site contains links to other sites and resources, provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements. We have no control over the contents of such sites or resource, and accept no responsibility for them or for any loss or damage that may arise from your use of them. The availability of any third party sites or resources through the Site does not imply our endorsement of or our affiliation with any provider of such third party sites or resources. If you decide to access any of the third party sites or resources linked to this Site, you do so at your own risk and subject to the terms and conditions of use for such sites or resources.

Changes to the Site

You agree and understand that the Site, including any and all features available via the Site and any User Content (as defined below), may be modified by us, in our sole discretion, at any time without prior notice. Unless expressly stated otherwise, any new features, new services, enhancements or modifications to the Site implemented after your initial access to the Site shall be subject to these Terms of Use.

Your Account and Computer Data Safety

When and if you use the Site, it shall be your sole responsibility to restrict access to your computer and to maintain the confidentiality of your email address, password and any other account identifiers related to any personal account you created on the Site (the "Account"). You also agree to accept sole responsibility for any and all activity that occurs under your Account. You should take reasonable steps to protect your computer systems and data from viruses, hackers, identity thieves and other similar problems.

Site Rules; User Content

Any comments, suggestions, ideas, materials and other submissions that you send to us through the Site or by email, mail, telephone, at our physical locations or otherwise, or in any social media accessible in the future through us or our Site or related to or associated with us ("User Content") are provided on a non-confidential and non-proprietary basis. By submitting User Content, you are granting us an irrevocable and unrestricted license to the User Content for any purpose whatsoever, including use, reproduction, publication, broadcast, posting, modification, transmission, display, distribution or creating derivative works.

You agree that no User Content will:

  • Violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary rights;
  • Contain any material that is libelous, unlawful, abusive, offensive, obscene, harassing, or otherwise objectionable;
  • Contain pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability or would otherwise violate the law;
  • Promote violence or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
  • Be likely to deceive any person;
  • Cause annoyance, inconvenience or be likely to upset any other person;
  • Impersonate any person or misrepresent your identity or affiliation with any person or organization;
  • Involve commercial activities or sales, including sales promotions, contests, or advertising; or
  • Give the impression that they originate or are endorsed by Katena or any other person or entity.

You are and shall remain solely responsible for any of your User Content, including its legality, reliability, accuracy and appropriateness. Katena reserves the right to monitor, modify or delete any User Content, in our sole discretion.

In connection with the Site, you must not:

  • Post, transmit, or otherwise make available through or in connection with the Site, any virus, work, Trojan horse, time bomb, or other computer code, file or program that is potentially harmful or malicious;
  • Use any device, software or routine that interferes with the Site;
  • Restrict or inhibit any other person from using the Site;
  • Collect information about users of the Site or Katena customers;
  • Reproduce, modify, adapt, translate, create derivative works of or otherwise exploit any portion of the Site;
  • Use the Site in an unlawful or fraudulent manner;
  • Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Site; the server on which the Site is stored, or any server, computer or database connected to the Site.
  • Use any automatic device, process or means to access the Site for any purpose, including monitoring or copying content on the Site; and
  • Otherwise attempt to interfere with the proper working of the Site.
Site Access

We may discontinue all or part of this Site at any time. We may block, limit or terminate your access to this Site for any reason, including if: (a) you violate these Terms of Use; (b) you violate any applicable law or regulation relating to your use of this Site; (c) you engage in any conduct which we, in our sole discretion, believe is offensive, harmful, defamatory or otherwise harmful to us or others; (d) you breach any other agreement with us.

Product Pricing, Availability and Accuracy

Prices and availability of products and services are subject to change without notice. Errors will be corrected where discovered, and Katena reserves the right to revoke any stated price or terms and to correct any errors, inaccuracies or omissions including after an order has been submitted and whether or not the order has been confirmed and your credit card or other payment mechanism charged. Your order is deemed an “offer” which is then “accepted” by Katena upon fulfillment.

Product Display/Colors

The Site attempts to display product images shown on the site as accurately as possible. However, we cannot guarantee that the image on the Site will be identical to the actual product, as the display depends, in part, upon the monitor you are using.

Transactions; Authorized to Purchase Medical Equipment

We may make available the ability to purchase or otherwise obtain certain Products through the Site (a “Transaction”). If you wish to make a Transaction, you may be asked to supply certain relevant information, including your credit or payment card number and expiration date or similar payment information, your billing address, and shipping information. You represent and warrant that you have the right to use any credit, debit or payment card or other payment mechanism that you submit in connection with a Transaction. By submitting such information, you grant Katena the right to provide such information to third parties for the purposes of facilitating the Transaction. Verification of information may be required prior to the completion of any Transaction. You agree to pay all charges incurred by you or on your behalf through the Site, including all shipping and handling charges. In addition, you are responsible for any taxes applicable to your Transaction. Certain Products offered through the Site may only be sold to qualified individuals or institutions. You represent and warrant that information you provide regarding yourself including your occupation, qualifications, licensure, and entity are truthful and accurate.

No Resale

Our products are not being offered for re-sale unless previous, written authorization has been provided.

Governing Law; Arbitration; Jurisdiction

These Terms of Use are governed by the laws of the State of [New Jersey], U.S.A., without regard to its principles of conflicts of law, and regardless of your location. Except for disputes that qualify for small claims court, all disputes arising out of or related to these Terms of Use or any aspect of the relationship between you and Katena, whether based in contract, tort, statute, fraud, misrepresentation or other legal theory, will be resolved through final and binding arbitration in accordance with the American Arbitration Association’s rules and procedures. The arbitration shall take place in [Newark, New Jersey, USA]. The award rendered by the arbitrator may be confirmed and enforced in the courts of New Jersey, U.S.A and any other court of competent jurisdiction.

YOU AGREE THAT KATENA AND YOU ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY. YOU FURTHER AGREE THAT ANY ARBITRATION OR DISPUTE RESOLUTION WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED AND YOU AGREE TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION.

The Site is controlled and operated from the United States, and are not intended to subject Katena to any non-U.S. jurisdiction or law. The Site may not be appropriate or available for use in some non-U.S. jurisdictions. Any use of the Site is at your own risk, and you must comply with all applicable laws, rules and regulations in doing so. We may limit the Site’s availability at any time, in whole or in part, to any geographic area or jurisdiction that we choose.

Contact Information

If you have questions or comments about these Terms of Use, please contact us via email at info@katena.com or phone at 973-989-1600 or toll free at 800-225-1195 (USA only).
Updated on April, 2018.