Pulmonx – Terms of Use

Last Modified: March 1, 2021

1. General

These terms of use (“Terms of Use“) apply to the use of the content and functions of the website https://getcopdhelp-co-uk.pulmonx.com (“Pulmonx Website“) operated by Pulmonx UK Ltd., Highlands House, Basingstoke Road, Spencers Wood,Reading, Berkshire, RG7 1NT, United Kingdom, e-mail: info@getcopdhelp-co-uk.pulmonx.com, phone +44 (0) 808 234 0376, Company number: 09306017, VAT number: GB201622563.

Please read these Terms of Use carefully before using the Pulmonx Website. By using the Pulmonx Website, you accept these Terms of Use and you agree to comply with them.
These Terms of Use also apply if you gain access to the Pulmonx Website via third-party websites, for example if you are redirected to the Pulmonx Website via internet search engines.

If you do not agree with these Terms of Use, please do not use the Pulmonx Website.
The Terms of Use refer to the following additional terms, which also apply to your use of the Pulmonx Website:

We may amend these Terms of Use from time to time. Every time you wish to use the Pulmonx Website, please check the Terms of Use to ensure that you understand the terms that apply at that time.

2. Copyrights

The contents and structure of the Pulmonx Website are protected by copyright. All rights are reserved. In particular, information or data (text, images, graphics, sound, video or animation files) may not be used, reproduced or utilized in any form, including excerpts thereof, without the prior written consent of Pulmonx.
The systematic extraction of data from the Pulmonx Website, either manually or by technical means, as well as the use of data for commercial purposes is not permitted. Data mining, robots or similar data collection and extraction programs shall not be used to extract information or data from the Pulmonx Website for re-use. You shall not create or publish your own database that contains any portion of the Pulmonx Website content or structure. Pulmonx reserves the right to claim damages as well as other claims in the event of copyright infringements.

3. Trademarks, logos and other marks

The trademarks, logos and other marks (“Trademarks“) appearing on the Pulmonx Website are protected. You are not permitted to use these Trademarks without the prior written consent of Pulmonx. This applies in particular to the Trademarks “Pulmonx”, “Zephyr”, “Chartis” and “Stratx”.

4. Permitted uses

You may use the Pulmonx Website only for lawful purposes and in accordance with these Terms of Use.
In particular, you agree to use the Pulmonx Website only in accordance with the following:
(a) You shall not use the Pulmonx Website in any way that could infringe the intellectual property rights of others.
(b) You shall not use any device, mechanism, software or other script that may interfere with the operation of the Pulmonx Website. This includes uploading files infected with viruses.
(c) You shall not block, overwrite or modify any Pulmonx generated content or otherwise interfere with the Pulmonx Website.
(d) You shall not take any action that may place an unreasonable or excessive burden on the Pulmonx infrastructure.
(e) You shall not reproduce data from the Pulmonx Website for commercial purposes. In particular, you shall not copy, distribute, otherwise use or reproduce the content stored on the Pulmonx Website using “robots”, other search engine technologies or any other automatic mechanism.
(f) You shall not obtain or attempt to obtain unauthorized access to any of the Pulmonx networks on which the Pulmonx Website is stored by any means.
(g) You shall not use the Pulmonx Website to transmit or solicit any advertising or promotional material, including, without limitation, “junk mail”, “chain letters”, “spam”, or any other similar solicitation.
(h) You shall not use the Pulmonx Website in any manner that violates any laws of England and Wales.

5. References to websites of third parties, hyperlinks

When you click on so-called external links on the Pulmonx Website, you leave the Pulmonx Website and enter third-party websites. Pulmonx does not accept any liability for the correctness, accuracy, reliability and completeness of information on these linked websites.
Please also note that such a hyperlink does not imply that Pulmonx endorses or approves the contents of the website or the products or services described therein.

6. Disclaimer of warranty

All information on the Pulmonx Website, including graphics, text and hyperlinks or references to other sites are provided as of the time of publication and are subject to change without notice. The information is provided, to the extent permitted by applicable law, without warranty of any kind, either express or implied, including warranties of merchantability, suitability for a particular purpose, or absence of third party rights.
The content of the Pulmonx Website is always carefully prepared. In particular, importance is given to providing accurate and up-to-date information. Nevertheless, errors may occur. Pulmonx does not warrant that the information is up-to-date, correct, accurate, reliable or complete. You, as the user, are responsible for evaluating the timeliness, correctness, accuracy, reliability and completeness of the information.
Although Pulmonx makes every effort to keep the Pulmonx Website free of viruses, Pulmonx does not warrant that the Pulmonx Website is virus-free. Pulmonx does not warrant that the Pulmonx Website will be uninterrupted or error-free, that defects will be corrected, or that the Pulmonx Website or the server that makes it available are free of computer viruses or other harmful elements.

7. Limitations of liability

Pulmonx does not exclude or limit its liability to you in any way where it would be unlawful to do so. This includes liability for death or personal injury caused by its negligence or the negligence of its employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
Subject to the foregoing, Pulmonx shall not be liable for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
(a) your use of, or inability to use, the Pulmonx Website; or
(b) your use of or reliance on any content displayed on the Pulmonx Website,
including but not limited to any special, incidental, consequential or indirect damages; and, if you are a business or sole trader, any loss of profits, sales, business, or revenue; business interruption; loss of business opportunity, goodwill or reputation.
The limitations of liability set out in this Section 7 shall also apply to damages resulting from a breach of duty by Pulmonx’s legal representatives, managing directors or vicarious agents, to the extent permissible by applicable law. .

8. Data protection and cookies

With regard to your use of the Pulmonx Website, Pulmonx complies with the applicable data protection regulations. Information on the processing of your personal data and on integrated cookies and third-party services can be found in the Pulmonx Privacy Policy, available at https://getcopdhelp-co-uk.pulmonx.com/privacy-policy/.

9. Provision of and changes to the Pulmonx Website

Pulmonx reserves the right to make improvements or changes in the information, services, products and other content of the Pulmonx Website at any time without notice to reflect changes to our services and products, our users’ needs and our business priorities.
Pulmonx further reserves the right to modify, discontinue or remove any content or feature, in whole or in part, at any time, or to discontinue operation of the Pulmonx Website in its entirety at any time for business or operational reasons. We will try and give you reasonable notice prior to any discontinuation or removal.
Pulmonx does not warrant uninterrupted availability of the Pulmonx Website. In the event of availability problems, however, Pulmonx will attempt to remedy any faults for which it is responsible without delay.

10. Pulmonx Customer Communication

Pulmonx offers users of the Pulmonx Website the opportunity to register free of charge for the Pulmonx Customer Communication (“Pulmonx Newsletter“) and thus to receive information from and about Pulmonx quarterly free of charge by e-mail.
Registration is made via the “Newsletter” button integrated in the footer of the Pulmonx Website. In the registration process for the Pulmonx Newsletter, you must enter your first and last name as well as your e-mail address in the corresponding fields and confirm your information by clicking on the “Submit” button.
You can unsubscribe from the Pulmonx Newsletter at any time and without notice. To unsubscribe from the Pulmonx Newsletter, you must click on the “Unsubscribe Newsletter” button in a Pulmonx Newsletter you have already received.
The Pulmonx Newsletter may only be published in its entirety and only with the prior written consent of Pulmonx. However, private, non-commercial forwarding is permitted.
Furthermore, these Terms of Use also apply to the Pulmonx Newsletter and please note in particular the provisions on copyright (Section 2), Trademarks (Section 3), permitted uses (Section 4), disclaimer of warranty (Section 6) and limitations of liability (Section 7).
The data provided by you when registering for the Pulmonx Newsletter (first and last name as well as e-mail address) is processed by Pulmonx solely for the purpose of regularly sending you the Pulmonx Newsletter and is always processed in accordance with the Pulmonx Privacy Policy, available at https://getcopdhelp-co-uk.pulmonx.com/privacy-policy/.

11. Contact form

You can contact Pulmonx via the contact form on the Pulmonx Website, which can be accessed via the “Contact us” button https://getcopdhelp-co-uk.pulmonx.com/contact-us/ integrated into the Pulmonx Website. In this way, you can ask Pulmonx questions, for example, about the products and technologies displayed on the Pulmonx Website and send Pulmonx comments on articles or information on the Pulmonx Website.
You can leave your message to Pulmonx in the form field provided for comments (“Area for comment”). Before you can submit your message to Pulmonx by clicking on the “Submit” button, you must fill in all mandatory fields (“*”). The mandatory fields include your first and last name, and your e-mail address. After clicking on the “Submit” button, you have to complete the displayed reCAPTCHA according to the instructions. Information on this can also be found in the Pulmonx Privacy Policy https://getcopdhelp-co-uk.pulmonx.com/privacy-policy/.

12. Applicable law, place of jurisdiction

The laws of England and Wales shall apply exclusively, to the exclusion of international private law, unified international law and in particular to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).
If you are a consumer, please note that these Terms of Use, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.
If you are a business or sole trader, these Terms of Use, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.

13. Severability clause

Should one or more provisions of these Terms of Use be or become invalid or unenforceable, this shall not affect the validity of the remaining provisions. The invalid or unenforceable provision shall be replaced by a valid and enforceable provision that comes as close as possible to the purpose of the replaced provision. The same shall apply in the event of any gap in these Terms of Use.