Effective date: October 24, 2015
These Terms of Use applies to the websites www.360.bio and www.360.bio, which is operated by Bionometrix Inc (“Bionometrix” ), including the mobile optimized version of this website (the “Site” ). Except where otherwise noted, statements in these Terms of Use with respect to the Site also apply to Device Applications (or “Apps” ) for iPhone, iPad and Android devices. References to “we,” “us” or “our” refer to Bionometrix.
The Services (as defined below) are provided to you subject to the following Terms of Use, which may be updated from time to time without notice to you. By using the Services, you agree to these Terms of Use, whether or not you are a registered member of the Site. If you do not agree to all of these Terms of Use, do not use these Services!
We provide users of the Site with access to a wide array of information and resources which may be provided to you in a variety of mediums and devices. These resources include without limitation news, reference tools and applications, sponsored programming, personalized content, continuing medical education, communication tools and discussion boards (collectively, the “Services”). The Services are intended for researchers, physicians, healthcare and other biomedical professionals (collectively, the “Users”).
The information made available through the Services is intended for the Users. While we hope Users find the Services helpful, you should remember that it is not meant to serve as a substitute for your own judgment as a healthcare professional. We do not provide medical advice. If you are a consumer who chooses to use the professional-level information available to you through the Services, you should not rely on that information as professional medical advice or use it to replace any relationship with your physician or other qualified healthcare professional. For medical concerns, including decisions about medications and other treatments, consumers should always consult their physician or, in serious cases, seek immediate assistance from emergency personnel. We follow standard sets of editorial procedures for information that we make available through the Services. However, we don’t offer you any warranty or guarantee related to the Services that we provide. We specifically disclaim any warranties, express or implied, including implied warranties of merchantability or fitness for a particular purpose. It’s your job to evaluate the information and results from Services we provide. If you are a healthcare professional, you should exercise your professional judgment in evaluating any information, and we encourage you to confirm the information made available or otherwise obtained through the Services with other sources before undertaking any treatment based on such information. If you are a consumer, you should evaluate the information together with your physician or another qualified healthcare professional.
The Services include clinical tools and databases intended for use by Users. These tools do not give professional advice or recommend particular products. Users who use these tools or databases should exercise their own judgment as to the information they provide. Consumers who use the tools or databases do so at their own risk. Individuals with any type of medical condition are specifically cautioned to seek professional medical advice before beginning any sort of health treatment. For medical concerns, including decisions about medications and other treatments, users should always consult their physician or other qualified healthcare professional.
The Services are provided on an “AS-IS” basis. Bionometrix disclaims any and all warranties, either express or implied, including but not limited to the implied warranties of merchantability and fitness for any particular purpose. Without limiting the foregoing, we do not warrant or represent that the Services, or any part thereof, are accurate or complete. You assume full responsibility for your interpretation of any information found in the Services.
You acknowledge and agree that the Services and information, content and software presented to you through the Services or used in connection with the Services contain proprietary and confidential information that is protected under the laws of the United States of America and international intellectual property laws, including copyright, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by us or our licensors, you agree not to sell, rewrite, modify, reproduce, redistribute, create derivative works, or rent any information presented to you through the Services, in whole or in part. Further, you are prohibited from using, downloading, republishing, selling, duplicating, or “scraping” for commercial or any other purpose any database, in whole or in part, in any medium whatsoever, underlying any of the Services.
You may view information provided through the Services online, download individual articles to your computer or mobile device for later reading or print a copy of an article for yourself. You may not remove any copyright notices from our materials. We reserve all of our other rights not granted in these Terms of Use. You agree not to access the Services by any means other than through the interface that is provided by us for use in accessing the Services.
Linking to the Site is permitted. However, you must first ask our permission if you intend to frame the Site or incorporate portions or one the Site into a different web site or product in such a way that is not clear to our users that we are the source of the content. You are not allowed to link to us if you engage in the publication or promotion of illegal, obscene, or offensive content, or if the link in any way negatively impact on our reputation.
If you use any of the current or future Forum or Comments features of the Services (the “Community Services”), you are responsible for all communications, information, data, text, graphics, messages and other material (“User Content”) that you upload, post, transmit, email or otherwise distribute through Community Services. Neither we nor our licensors are responsible for the consequences of the User Content posted by you or any other party through Community Services, and as such, do not guarantee the accuracy, integrity or quality of such User Content. You understand that by using the Community Services, you may be exposed to User Content that is offensive or objectionable. In no event will we be liable in any way for any User Content or for any loss or damage of any kind incurred as a result of the use of any User Content uploaded, posted, transmitted, emailed or otherwise made available through the Community Services. In cases where you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately. If you think you may have a medical emergency, call your doctor, a hospital or if you reside in the USA, call 911 immediately.
When you use the Community Services, you agree not to:
We may (but are not obligated) do any or all of the following without notice:
You agree that you must evaluate, and bear all risks associated with, the use of any User Content, including any reliance on the accuracy, completeness, or usefulness of such User Content. You acknowledge, consent and agree that we may investigate your use of the Community Services in order to determine whether a violation of the Terms of Use has occurred or to comply with any applicable law, regulation, governmental request or legal process.
You agree and acknowledge that the processing and transmission of Community Services, including your User Content, may involve transmissions over various networks and devices and necessary modifications as required for such transmissions.
When you submit information to areas of the Services that are publicly available, you give us an irrevocable, perpetual license to use, reproduce, modify, adapt, publicly perform and publicly display that information in connection with the Services. For example, if you post a comment to the Services, you grant us the right to display that comment through the Services for as long as we want. We will consider requests to remove information that you make publicly available through the Services on an individual basis (contact us at the email address we provide at the end of this document). For information that you submit to areas of the Services that are not publicly available, please see our Privacy Policy for an explanation of how we use that information and your rights to change or delete it. We provide the link to our privacy policy later in this document. We ask that you not post any messages with misleading, false, or inappropriate language or statements. We reserve the right to remove any content that we deem offensive or fraudulent at any time without your consent, as further described below. We cannot and do not assume any responsibility or liability for any information you submit in connection with the Services, or your or third parties’ use or misuse of information transmitted or received using the Services.
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Services, including requests for and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that we shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Services.
The purpose of our privacy policy is to identify the information we may collect about you when you use the Site and related Services and describe the uses we may make of such information, the security measures we take to protect it, and your options for controlling such information. You can review our privacy policy here.
The Services made available through the Site from the United States of America. The Services can be accessed from any from other country worldwide. Since the laws of each State in the USA or other country with access to the Services may differ, by accessing the Services, you agree that the statutes and laws of the state of New York, USA, and will apply to all matters relating to use of the Services. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition. We make no representation that materials made available through the Services are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited. If you access the Services from outside the United States of America, you are responsible for compliance with the laws of your jurisdiction.
The following provisions survive the expiration or termination of these Terms of Use for any reason whatsoever: Liability, Member Conduct, Proprietary Rights, Indemnity, Laws that Govern this agreement and Consequences.
We may also take any legal action we think is appropriate. If your violation of these Terms of Use causes harm to others, you agree to hold us and our affiliates harmless against any liability for that harm. If there is any dispute between us concerning these Terms of Use or your use of the Services, you agree to submit the dispute to non-binding mediation, followed by binding arbitration. Both the mediation and the arbitration will be governed under the rules of the American Arbitration Association, and the venue for the arbitration will be New York.
You agree that we may, under certain circumstances and without prior notice, discontinue, temporarily or permanently, the Services (or any part thereof) or eliminate your account, any associated email address, and remove any information you uploaded or provided to the Services with or without notice. Cause for termination shall include, but not be limited to, (a) breaches or violations of these Terms of Use or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Services (or any part thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, and/or (g) your engagement in fraudulent or illegal activities. You agree that all terminations for cause shall be made at our sole discretion, and we shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the Services or any portion thereof.
Your use of the Services is at your own risk. The Services and information included therein are provided on an “as is” basis. WE AND OUR LICENSORS AND SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. Without limiting the foregoing, we, our licensors, and our suppliers make no representations or warranties about the following:
In no event will we, our licensors, our suppliers, or any third parties mentioned on the Site be liable for any damages (including, without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use of or inability to use the Services or information contained therein, whether based on warranty, contract, tort, or any other legal theory, and whether or not we, our licensors, ours suppliers, or any third parties mentioned with the Services are advised of the possibility of such damages. We, our licensors, our suppliers, or any third parties mentioned within the Services shall be liable only to the extent of actual damages incurred by you, not to exceed US$1000. We, our licensors, our suppliers, or any third parties mentioned within the Services are not liable for any personal injury, including death, caused by your use or misuse of the Services or any information contained therein. Any claims arising in connection with your use of the Services must be brought within one (1) year of the date of the event giving rise to such action occurred. Remedies under these Terms of Use are exclusive and are limited to those expressly provided for in these Terms of Use.
You agree to defend, indemnify, and hold each of us and our respective officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms of Use.
Except as expressly provided in a particular “legal notice” on the Site, these Terms of Use constitutes the entire agreement between you, and Bionometrix with respect to your use (and prior use) of the Services.
For questions or concerns about these terms of use, please contact our Customer Support.