Legal Terms

1. Users of the Web Site

The website (www.karnakhealth.com) is intended for private, professional and health professional users and, in any case, is not intended for children under the age of 16 (sixteen).

2. Disclaimer statement

2.1 The information published on the website, including any advice and recommendations, is intended only as a general aid for instructional purposes. They are not intended as medical or health advice nor are they to be used for medical diagnosis or treatment, for any kind of problem. They are not, likewise, to be construed as a substitute for professional advice and services provided by a qualified health care professional who is informed about specific facts concerning the User. The User's use of the site is subject to the other disclaimers and clarifications in the various sections of the website.

2.2 Karnak Medical S.r.l. and Karnak S.r.l. a socio unico (i.e., the Site Owner) assume no responsibility for any consequences related directly or indirectly to actions that the User decides to take or not to take based on the information, services, or other material on the website. Although the Site Owner makes every effort to post accurate, complete, and up-to-date information on the site, no warranty is made in this regard, and Karnak Medical s.r.l. and Karnak S.r.l. a socio unico shall not be held liable for any damages or losses related to the accuracy, completeness, or timeliness of the information posted on the site.

3. Ownership

3.1 User acknowledges that the Website is available for User's personal, non-commercial use. The User agrees that the Website is the property of the Website Owner, including all intellectual property rights therein, and that the User has no right to use them other than as provided in these Terms of Use.

3.2 The Website Owner shall in no way be liable for any damage or loss that the User may incur as a result of using the Website for commercial or other purposes not authorized by these Terms of Use.

3.3 The Website Owner reserves the right to refuse or terminate access to the Website, at its complete discretion.

3.4 The use of the Website is free of charge and for this reason the Website Owner is not obliged to provide maintenance or support services and is not responsible for any damage or loss that the User may incur as a result of any failure to maintain or update the Website.

3.5 The User may not copy, modify or reuse the Website, any updates to it or any parts of it, including the software incorporated therein.

3.6 The User may use this Website only for lawful purposes and in accordance with these Terms of Use. User is granted a non-exclusive, non-transferable, revocable, and limited license to display, print, and distribute the content retrieved from the Website for User's own personal, non-commercial purposes, provided that User does not remove or obscure any copyright or other notices displayed on the content.

3.7 User may not copy, reprint, modify, display, perform, translate, distribute, adapt, transmit, telecommunicate, circulate, or sell the content retrieved from the Website in any way for any commercial use or provide it to other commercial sources, including other websites, without prior written permission from the Website Owner.

3.8 The User further agrees not to:

make use of this Website in ways that could disable, overburden, damage, or impair the Website, or interfere with any other use of the Website, including the ability of any other User to conduct real-time activities through the Website;

a. make use of robots, spiders or other automatic devices, processes or means to access the website for any purpose, including for analysis, data mining, monitoring or copying of website material;

b. make use of any manual process designed to monitor or copy material posted on the website, or engage in any other unauthorized purpose without first obtaining the written consent of the Website Owner;

c. make use of any device or software capable of interfering with the proper functioning of the website; or

d. otherwise attempt to interfere with the proper functioning of the Web Site.

The Website Owner reserves all rights not expressly granted to the User.

4. Confidentiality and consent to use of data

4.1 The information about the User that the Site Owner obtains as a result of the User's use of the Website, through the Information Request process or otherwise, is subject to the Website's Privacy Policy (to which it expressly refers).

4.2 The Privacy Policy governs the Website Owner's collection and use of the information provided by the User as well as the User's rights with respect to such information.

5. Electronic communications

5.1 The information communicated on the Website is a form of electronic communication. When the User communicates with the Website Owner through the Website or by other forms of electronic means, such as e-mail, the User is using electronic communication.

5.2 The User, therefore, agrees that communications with the Website Owner take place electronically, in compliance with privacy legislation, and that such communications, as well as notices, disclosures, agreements or other communications made electronically, are equivalent to written communications and will have the same value and effectiveness as if they were in writing and signed by the party sending the communication.

6. Disclaimer of warranties with respect to the use of the Web Site

6.1 The Website is provided on an "as is" and "as available" basis. Except as specified herein, Website Owner expressly disclaims, to the fullest extent permitted by law, all warranties of any kind, whether express, statutory or implied, including but not limited to warranties of merchantability, fitness for a particular purpose and non-infringement of the rights of others.

6.2 Site Owner does not warrant that the Website will meet User's requirements or that access to the Website will be uninterrupted, timely, secure, or error-free or that defects, if any, will be corrected. The Website Owner makes no warranty as to the results obtainable from use of the Website or as to the accuracy, quality or reliability of information obtained through the Website.

6.3 No advice or information, whether oral or written, that the User receives from the Website Owner or through the Website constitutes a warranty unless expressly stated herein.

7. Limitations of liability

User expressly acknowledges and agrees that in no event shall Site Owner, its affiliates and/or subsidiaries, if any, and their directors, employees, agents or other representatives be liable for any direct, indirect, special, incidental, consequential, punitive or aggravated damages, including, without limitation, loss of use, loss of profits savings or profits, loss of data, loss of goodwill, expense of procuring replacement services, or any other indirect, incidental or consequential damages, regardless of cause and for any other theory of liability, whether resulting from breach of contract, tort (including negligence and unconditional liability) or otherwise due to:
- the use or inability to make use of the Web site;
- expenses incurred in locating substitute services, items or websites;
- unauthorized access to or alteration of transmissions or data (including personal information);
- the statements or conduct of third parties on the Web site; or
- any other matter related to the Web site.

These limitations apply whether or not the Website Owner has been advised of the possibility of such damages and notwithstanding any failure of the essential purpose of any limited remedy. This disclaimer applies to the fullest extent permitted by applicable law.

8. Using Trademarks, Karnak®, KarnakMed®, Uniwave® Images, and Patents

8.1 The Karnak®, KarnakMed® and Uniwave® trademarks are the property of the Site Owner therefore, the User is not authorized to use, in any form, the Karnak®, KarnakMed® and Uniwave® trademarks without the prior written consent of the Site Owner.

8.2 The Site Owner, in order to safeguard its image and all medical and scientific aspects, reserves the right to regulate the terms and conditions with respect to which it grants the User the right to use the illustrations, articles as well as any distinctive sign of which the Site Owner is the exclusive owner.

8.3 The following shall be considered infringement:
- the variation of the proportions, colors and shapes of the Trademark;
- the use of the trademarks Karnak®, KarnakMed® and Uniwave® for the reproduction of commercial and promotional material;
- the inclusion of pages or fractions of pages from the Web site within the User's site;
- the use of the words Karnak, KarnakMed and Uniwave without the ™ symbol, which connotes them as a registered trademark.

8.4 It is permitted, only with the express written permission of the Site Owner:

- The use of the trademarks Karnak®, KarnakMed® and Uniwave® for its own publications and advertisements (posters, documents, illustrations and photos), ensuring adequate visibility;
- write articles regarding the Karnak®, KarnakMed® and Uniwave® devices and the Karnak® methodology on the Internet or in printed materials, referring with a link to our website www.karnakhealth.com (or, simply, citing it) in order to receive authority on the seriousness of the subject matter and to allow greater technical insight for the reader;
- use Images depicting Karnak®, KarnakMed® and Uniwave® devices bearing the words "photos in use by Karnak Medical Srl," whether they are for the Internet or print media. You may request photographic material for inclusion in publications/advertising free of charge from Karnak Medical, which reserves the right to evaluate the context in which they will be used;
- publish Personalized Images with the Karnak®, KarnakMed® and Uniwave® after forwarding them to Karnak Medical (also by e-mail), which reserves the right to evaluate the correct use in compliance with the principles of the methodology.

8.5 The authorization must be requested in advance by e-mail to: info@karnakhealth.com, indicating in the subject line the following wording: "Authorization for the use of the trademark and/or Images," followed by the indication of the natural or legal person requesting it. Where granted, the authorization is granted exclusively in favor of the applicant and is in no case transferable to third parties. 

8.6 The Site Owner may monitor the proper use of the trademark and each Image in order to ascertain the User's compliance with these terms of use. If any use of the trademark and/or logo and/or Images is found to be unauthorized or in violation of these terms of use, the Site Owner may, at its discretion, take any of the following actions:
- invite the User to cease the non-compliant use within a peremptory term;
- suspend the authorization with immediate effect, until the User complies with what is expressly provided for in these terms of use;
- permanently revoke the authorization and decide the modalities of any legal action.

Following the revocation of the authorization, for whatever reason intervened, the User agrees to immediately remove and cease any use of the trademark and/or logo and/or Images from its website, blog, social network etc. giving timely confirmation to Karnak Medical of the removal and/or destruction.

8.7 The Karnak®, KarnakMed® and Uniwave® devices are internationally patented under Publication No. WO 2018/096412 A1 owned by Karnak Medical srl, with all rights thereunder.

9. Prohibition of disclosure

9.1 The methodology used by the Karnak®, KarnakMed® and Uniwave® devices may be the subject of training courses that are given exclusively by Elio Muti, the only one authorized to disclose the aforementioned methodology, as part of the training activities organized with the Site Owner.

9.2 The prohibition of disclosure of the methodology in question is to be applied both to the practitioner who has attended - or is attending - the course and the Legal Representative/Owner of the facility where the practitioner works.

9.3 With reference to the above, the social and health care professional who has attended - or is attending - a training course concerning the aforementioned methodology have an obligation not to disclose this methodology and its contents at all through unauthorized training materials or courses to other professionals or commercial companies.

9.4 All materials are copyrighted, so no disclosure of the methodology (or materials) either theoretical or practical to other professionals, professional groups or commercial companies is allowed.

9.5 The professional practitioner or user who has attended - is attending - a professional course concerning the methodology of Karnak®, KarnakMed® and Uniwave® also undertakes, to apply what has been learned in the training courses in the correct and professional way in order to protect the health of patients or clients and the image of the applied methodology and the author.

9.6 Reproduction in any medium (photographic, audio, video or paper) of material inherent in the Karnak®, KarnakMed® and Uniwave® methodology training courses is strictly prohibited.

10. Indemnity

User agrees to indemnify and hold harmless Site Owner and its affiliates and/or subsidiaries, if any, and their respective legal representatives and directors, employees, agents, or other representatives from and against any and all claims, liabilities, damages, and expenses, including without limitation legal fees and costs arising from or related to:
- User's violation of the Terms of Use;
- User's use of the Website including without limitation the transmission or placement of User's information or materials on the Website;
- any claims or allegations of infringement by User of the intellectual property or other proprietary rights, or privacy rights, of third parties.

11. Modification of these Terms of Use

11.1 Occasionally, the Site Owner may make changes to the Terms of Use at its sole discretion, updating these Website Terms of Use and specifying the effective date of the new version of the Terms of Use. The "Last Modified" date at the end of the Terms of Use will indicate the date on which the last changes were made.

11.2 The User's use of the Website after the posting of a new version of the Terms of Use constitutes acceptance of the changes. Similarly, each time the User visits the Website, the User is required to check whether a new version of the Terms of Use has been published.

12. Final Provisions

If any part or provision of these Terms of Use is found to be unlawful, void, invalid, or unenforceable, that part or provision will be deemed severable from the Terms of Use and will not affect the validity and enforceability of the remaining provisions.

Last modified date September 29, 2021.