Terms and Conditions
Terms and Conditions
Last updated: January 15, 2019
Thank you for your interest in FUZIONAIRE DIAGNOSTICS, Inc. (“FUZIONAIRE DX,” “we,” or “us”) and our website at www.fuzionairedx.com, along with any other related websites or online services provided by us (collectively, the “Service”). These Terms of Service are a legally binding contract between you and FUZIONAIRE DX regarding your use of the Service.
PLEASE READ THE FOLLOWING TERMS CAREFULLY.
Agreement Overview. As provided in greater detail in these Terms, you agree and acknowledge that these Terms include the following provisions:
- License – the Service is licensed, not sold to you, and you may use the Service only as set forth in these Terms. (As set forth in Section 5);
- No Warranty – the Service is provided “AS IS” and “AS AVAILABLE” without warranties of any kind. FUZIONAIRE DX makes no expressed or implied representations or warranties, of any kind related to this Website or the materials contained on this Website. Additionally, nothing contained on this Website shall be construed as providing consult or advice to you.
- FUZIONAIRE DX Service Overview. FUZIONAIRE DX is a radiopharmaceutical company. The Service provides users with information about FUZIONAIRE DX, its products and services, and its ongoing scientific studies.
- Eligibility. You must be at least 13 years old to use the Service. By agreeing to these Terms, you represent and warrant to us that: (i) you are at least 13 years old; (ii) you have not previously been barred from using the Service; and (iii) your use of the Service is in compliance with any and all applicable laws and regulations. If you represent an entity, organization, or company, and you are accepting these Terms on behalf of such entity, then you represent and warrant that you have the authority to bind such entity to these Terms.
- Registration. To use some features of the Service, for example, to register to receive additional information from us, you may be required to provide us with some information about yourself, such as your name, email address, country, zip code, phone number, or other contact information (together, “Personal Information”). You agree that the information you provide to us is accurate and that you will keep it accurate and up-to-date at all times.
- Limited License. Subject to your complete and ongoing compliance with these Terms, FUZIONAIRE DX grants you permission to access and use the Service for your personal use.
- License Restrictions. You may not: (i) reproduce, distribute, or publicly display the Service or any of its component parts; (ii) make modifications to the Service; or (iii) interfere with or circumvent any feature of the Service, including any security or access control mechanism. If you are prohibited under applicable law from using the Service, you may not use it.
- Feedback. If you choose to provide input and suggestions regarding problems with or proposed modifications or improvements to the Service or FUZIONAIRE DX’s other products or services (“Feedback”), then you hereby grant FUZIONAIRE DX an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to exploit such Feedback in any manner and for any purpose, including to improve the Service and create other products and services.
- Ownership; Proprietary Rights. The Service is owned and operated by FUZIONAIRE DX. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), software, services, and all other elements of the Service (“Materials”) provided by FUZIONAIRE DX are protected by intellectual property and other laws. All Materials included in the Service are the property of FUZIONAIRE DX or our third-party licensors. Except as expressly authorized by FUZIONAIRE DX, you may not make use of the Materials. FUZIONAIRE DX reserves all rights to the Materials not granted expressly in these Terms.
- Carrier Service. Your access to use the Service may be subject to separate third party terms of service and fees, including but not limited to your mobile network operator’s terms of service and fees, which are your sole responsibility.
- Open Source Software. The Service may include or incorporate third-party software components that are generally available free of charge under licenses granting recipients broad rights to copy, modify, and distribute such components (“Open Source Components”). Although the Service is provided to you subject to these Terms, nothing in these Terms prevents, restricts, or is intended to prevent or restrict you from obtaining such Open Source Components under the applicable third-party licenses or to limit your use of such Open Source Components thereunder.
Prohibited Conduct. BY USING THE SERVICE, YOU AGREE NOT TO:
- Use the Service for any illegal purpose or in violation of any local, state, national, or international law;
- Violate, or encourage others to violate, any right of a third party, including by infringing or misappropriating any third party intellectual property right;
- Interfere with security-related features of the Service, including by: (a) disabling or circumventing features that prevent or limit use or copying of any content; or (b) reverse engineering or otherwise attempting to discover the source code of any portion of the Service, except to the extent that such activity is expressly permitted by applicable law notwithstanding this restriction;
- Interfere with the operation of the Service or any user’s enjoyment of the Service, including by: (a) uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code; (b) making any unsolicited offer or advertisement to another user of the Service; (c) collecting personal information about another user or third party without consent; or (d) interfering with or disrupting any network, equipment, or server connected to or used to provide the Service;
- Perform any fraudulent activity including impersonating any person or entity, claiming a false affiliation, or falsifying your age, date of birth or other Personal Information;
- Sell or otherwise transfer the access granted under these Terms or any Materials (as defined in Section 6) or any right or ability to view, access, or use any Materials; or
- Attempt to do any of the acts described in this Section 8 or assist or permit any person in engaging in any of the acts described in this Section 8.
- Modification of these Terms. We reserve the right to change these Terms on a going-forward basis at any time and at our discretion. Please check these Terms periodically for changes. If a change to these Terms materially modifies your rights or obligations, you will be required to accept the modified Terms in order to continue to use the Service. Material modifications are effective upon your acceptance of the modified Terms. Immaterial modifications are effective upon publication. Except as expressly permitted in this Section 9, these Terms may be amended only by a written agreement signed by authorized representatives of the parties to these Terms. Disputes arising under these Terms will be resolved in accordance with the version of these Terms that was in effect at the time the dispute arose.
Term, Termination, and Modification of the Service
- Term. These Terms are effective beginning when you accept the Terms, access or use the Service, and ending when terminated as set forth in Section 10.2.
- Termination. If you violate any provision of these Terms, these Terms automatically terminate. In addition, FUZIONAIRE DX may, at its sole discretion, terminate these Terms, or suspend or terminate your access to the Service at any time for any reason or no reason, with or without notice. You may terminate your account and these Terms at any time by sending a letter to FUZIONAIRE DIAGNOSTICS, Inc., 2002 Timberloch Place, Suite 200, The Woodlands, TX 77380, Attn: Customer Service.
- Effect of Termination. Upon termination of these Terms your license rights will terminate and you must immediately cease all use of the Service;
- Modification of the Service. FUZIONAIRE DX reserves the right to modify or discontinue the Service at any time, temporarily or permanently, without notice to you. We will have no liability whatsoever on account of any change to the Service or any suspension or termination of your access to or use of the Service.
- Indemnity. You are responsible for your use of the Service, and you will defend and indemnify FUZIONAIRE DX and its officers, directors, employees, consultants, affiliates, subsidiaries and agents (together, the “FUZIONAIRE DX Entities”) from and against every claim, liability, damage, loss, and expense, including reasonable attorneys’ fees and costs (“Claims”) brought by a third party arising out of or connected with: (a) your use of, or misuse of, the Service; (b) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (c) your violation of any third-party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (d) any dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in that case, you agree to cooperate with our defense of those Claims.
Disclaimers; No Warranties
THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. FUZIONAIRE DX DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED, IMPLIED, OR STATUTORY, RELATING TO THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE, INCLUDING: (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (B) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. FUZIONAIRE DX DOES NOT WARRANT THAT THE SERVICE, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SERVICE, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE OR FUZIONAIRE DX ENTITIES OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE WILL CREATE ANY WARRANTY REGARDING ANY OF THE FUZIONAIRE DX ENTITIES OR THE SERVICE THAT IS NOT EXPRESSLY STATED IN THESE TERMS. WE ARE NOT RESPONSIBLE FOR ANY DAMAGE THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO THE SERVICE AND YOUR DEALINGS WITH ANY OTHER SERVICE USER. YOU UNDERSTAND AND AGREE THAT YOU USE THE SERVICE, AND ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN MATERIALS OR CONTENT THROUGH THE SERVICE AND ANY ASSOCIATED SITES OR SERVICES, AT YOUR OWN DISCRETION AND RISK, AND THAT WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE(S) USED IN CONNECTION WITH THE SERVICE), OR THE LOSS OF DATA THAT RESULTS FROM THE USE OF THE SERVICE OR THE DOWNLOAD OR USE OF THE MATERIALS OR CONTENT. NOTWITHSTANDING THE FOREGOING, FUZIONAIRE DX DOES NOT DISCLAIM ANY WARRANTIES THAT FUZIONAIRE DX IS PROHIBITED FROM DISCLAIMING UNDER APPLICABLE LAW.
- Medical and Professional Services Advice. FUZIONAIRE DX does not, through the Service, directly or indirectly render medical advice. Nothing contained on the Service is intended to constitute medical advice, instruction on medical diagnosis, or instruction for treatment. Information provided through the Service should not be considered complete, nor be relied upon when making decisions regarding the personal, medical, technical, financial, or treatment decisions for a particular individual. The Service is not intended to be a substitute for the consultation or advice of a physician or other qualified healthcare provider.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE FUZIONAIRE DX ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE OR ANY MATERIALS OR CONTENT ON THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY FUZIONAIRE DX ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE. THE AGGREGATE LIABILITY OF THE FUZIONAIRE DX ENTITIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SERVICE OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF: (A) THE AMOUNT YOU HAVE PAID TO FUZIONAIRE DX FOR ACCESS TO AND USE OF THE SERVICE IN THE 12 MONTHS PRIOR TO THE EVENT(S) OR CIRCUMSTANCES GIVING RISE TO CLAIM; OR (B) $100. EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS.
- Governing Law. These Terms will be governed by and construed in accordance with the laws of the State of Texas, and you submit to the non-exclusive jurisdiction of the state and federal courts located in Texas for the resolution of any disputes.
- Additional Terms. Your use of the Service is subject to all additional terms, policies, rules, or guidelines applicable to the Service or certain features of the Service that we may post on or link to from the Service (the “Additional Terms”). All Additional Terms are incorporated by this reference into, and made a part of, these Terms.
Contact Information. If you have any questions, suggestions to improve our Terms and Conditions, or another inquiries, please contact us:
FUZIONAIRE DIAGNOSTICS, Inc.
2002 Timberloch Place
The Woodlands, TX 77380