Theragnostics Inc. (“Theragnostics,” “we,” “us” or “our”) has created a website at https://www.nephroscan.com (the “Website” or “Site”) to provide information about the NEPHROSCAN product.
- Your Agreement. These Terms govern: (i) your use of the Website; (ii) your use of information obtained through the Website, including information, software, artwork, text, video, audio, pictures, content, trademarks, trade dress and other intellectual property owned by Theragnostics or our licensors and made available to you through the Website (collectively, “Theragnostics Content”). Please read these Terms carefully; they impose legal obligations on you and on Theragnostics, and establish our legal relationship. By accessing our Website, you are acknowledging that you have read and understood these Terms and agree to be legally bound by them.
- Overview. The Website provides a venue to obtain information about Theragnostics’ NephroScan product and product support.
- Ownership; Reservation of Rights. The Website and associated Theragnostics Content are the proprietary property of Theragnostics and our licensors, and are protected by U.S. and international copyright, trademark and other intellectual property laws, or are used under the principles of fair use. Theragnostics and our licensors retain all rights with respect to the Website and Theragnostics Content except those expressly granted to you in these Terms.
- Grant of Rights. Subject to your compliance with these Terms, you are granted the right to access our Website and Theragnostics Content solely for your personal, non-commercial use. You shall not (i) license, sublicense, sell, resell, distribute or otherwise commercially exploit the Website or Theragnostics Content to any third party; (ii) modify or make derivative works based upon the Website or Theragnostics Content; or (iii) reverse engineer, reverse compile, or access the Website or Theragnostics Content in order to build a competitive product or service.
- Comments/Feedback. Our Website may allow you to provide comments or feedback regarding our Website and our Theragnostics Content. By providing comments/feedback, you grant us the right to use your comments and feedback for the purposes of improving the Website.
- Code of Conduct. As a condition to your use of the Website, you agree to follow our Code of Conduct, set out below. Under this Code, you will not:
• Upload, email or otherwise transmit any images or other content that is unlawful, obscene, harmful, hateful, invades the privacy of any third party, contains nudity or pornography or is otherwise objectionable.
• Disseminate materials that impact or invade the privacy of others, such as photographs, video clips, sound recordings, personally identifiable information, or other materials that reveal personal, private or sensitive information about another person, without that person’s consent.
• Submit material that is intentionally false, defamatory, unlawfully threatening or unlawfully harassing.
• Infringe any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy. Electronic materials – such as music, videos, games, images and text in electronic form – can easily be copied, modified and sent over networks (such as the internet). These electronic materials are thus extremely vulnerable to unauthorized distribution and copyright infringement. These materials may not be transmitted over the Website without the copyright owner’s permission or without a legitimate “fair use” justification for the transmittal.
• Transmit materials that contain any viruses, Trojan horses, worms, time bombs, cancelbots or other computer-programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
• Use the Website to artificially generate traffic or page links to a website or for any other purpose not expressly allowed under these Terms.
• Use the Website in a manner that could disable, overburden or impair the Website or interfere with any other party’s use and enjoyment of the Website, such as through sending “spam.”
• Use the Website to test or reverse engineer the Website in order to find limitations, vulnerabilities or to evade filtering capabilities.
• Seek to obtain access to any materials or information through “hacking”, “data harvesting” or through other means we have not intentionally made available to you through the Website.
• Use the Website for any purpose that is unlawful or prohibited by these Terms. For example, you will not use the Website to violate any law, statute or regulation (including, without limitation, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising).
- Jurisdiction. Certain sections of our Website contain information about our products that are not available in all countries. Approved indications, dosages, restrictions and product presentations may vary from country to country where such products are sold. Information that we publish on the Internet may contain references or cross-references to our products, programs, and services that are not announced or available in your country. Such references do not imply that we intend to announce such products, programs, or services in your country. We reserve the right to limit provision of our products and services to any person, geographic region or jurisdiction and/or to limit the quantities of any products or services we provide. You may consult us at [email protected] for information regarding the products, programs and services that may be available to you. Any offer for any product or service made in the materials on this Site is void where prohibited.
- Links to Third-Party Sites. The Website may contain links or produce search results that reference links to third party websites (collectively, “Linked Sites”). Theragnostics has no control over these Linked Sites or their content and does not assume responsibility or liability for any content, opinions or materials available on Linked Sites. Theragnostics does not endorse the content of any Linked Site, nor does Theragnostics warrant that a Linked Site will be free of computer viruses or other harmful code that can impact your computer or other web-access device. By using the Website to search for or link to another site, you agree and understand that such use is at your own risk.
- Warranty Disclaimer. THERAGNOSTICS DOES NOT PROMISE THAT THE WEBSITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT YOU WILL OBTAIN SPECIFIC RESULTS FROM YOUR USE OF THE WEBSITE OR YOUR USE OF ANY CONTENT, SEARCH OR LINK ON IT. THE WEBSITE AND THERAGNOSTICS CONTENT ARE DELIVERED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WHEN YOU ACCESS THE WEBSITE, YOU DO SO AT YOUR OWN RISK. THERAGNOSTICS DOES NOT REPRESENT OR WARRANT THAT MATERIALS YOU DOWNLOAD FROM THE WEBSITE WILL BE FREE OF VIRUSES OR OTHER HARMFUL FEATURES.
THERAGNOSTICS EXPRESSLY DISCLAIMS: (i) ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; (ii) ANY RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, CONTENT, COMPLETENESS OR LEGALITY OF INFORMATION AVAILABLE THROUGH THE WEBSITE; AND (iii) ANY RESPONSIBILITY OR LIABILITY FOR HARM RESULTING FROM DOWNLOADING OR ACCESSING INFORMATION THROUGH THE WEBSITE, INCLUDING HARM CAUSED BY VIRUSES OR SIMILAR DESTRUCTIVE FEATURES. YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE AND RELATED CONTENT IS AT YOUR SOLE RISK.
- NO MEDICAL ADVICE. THE CONTENT ON THE WEBSITE IS PROVIDED FOR GENERAL INFORMATIONAL PURPOSES ONLY AND IS NOT INTENDED AS, NOR SHOULD IT BE CONSIDERED A SUBSTITUTE FOR, PROFESSIONAL MEDICAL ADVICE. YOU ACKNOWLEDGE THAT YOUR USE OF THE WEBSITE AND CONTENT CONTAINED THEREON IS VOLUNTARY. THERAGNOSTICS MAKES NO REPRESENTATIONS OR WARRANTIES WITH REGARD TO INFORMATION CONTAINED ON THE WEBSITE AND THERAGNOSTICS SHALL HAVE NO LIABILITY WITH REGARD TO SAME. IF YOU HAVE OR SUSPECT YOU HAVE A MEDICAL PROBLEM, PROMPTLY CONTACT YOUR PROFESSIONAL HEALTHCARE PROVIDER.
- Limitation of Liability. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO, BREACH OF CONTRACT, TORT OR NEGLIGENCE, WILL THERAGNOSTICS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS) THAT ARISE OUT OF OR ARE RELATED TO YOUR USE OF THE WEBSITE OR THERAGNOSTICS CONTENT.
- Indemnity. You agree to defend, indemnify and hold harmless Theragnostics and its subsidiaries, affiliates, licensors and service providers and its and their respective officers, directors, employees contractors, agents licesnors, suppliers, successors and assigns from and against any liability to third parties, including reasonable attorneys’ fees, arising from or related to your breach of these Terms.
- Modifications to these Terms. We may modify and change these Terms over time. We will not “retroactively” change these Terms, and any modifications we make shall take effect proactively, once you next access the Website. Please feel free to print out a copy of the current Terms for your records.
- Accessing the Website. We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period.
- Changes to Website. We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.
- Copyright Infringement. Certain materials available on the Website are our Works (content we own, authored, created, purchased, or licensed or which we shall own, author, create, purchase, or license). Our Works may be protected by copyright, trademark, patent, trade secret and/or other laws, and we reserve and retain all rights in our Works. We hereby grant you a limited non-assignable license to access and make personal use of the Website provided that such use is for the purposes of the Website described above. This license does not permit you to sell, license, and/or make any commercial use of our Website or its contents and materials and/ or any information derived from our Website or its contents and materials. No further publication or commercial use may be made of the materials on this Website without the express written permission of Theragnostics. You may not make any part of this Website available as part of another web site whether by hyperlink framing on the internet or otherwise. This Website and its content may not be used to construct a database of any kind nor may the same be stored (in whole or part) in databases for access by you or any third party or to distribute any database containing all or part of the Website or its content.
The above described license is conditioned on your compliance with these Terms, and shall terminate upon termination of these Terms. If you breach any provision of these Terms, any license you have obtained will be automatically rescinded and terminated.
- Assignment. These Terms shall not be assignable by you, either in whole or in part. Theragnostics reserves the right to assign its rights and obligations under these Terms.
- General. These Terms shall be governed in all respects by the laws of the State of Massachusetts without giving effect to its conflicts of law provisions. Both parties submit to the personal jurisdiction of and venue in the state and federal courts in the State of Massachusetts, in the judicial district where Theragnostics resides. The parties further agree that any cause of action arising under this Agreement shall exclusively be brought in such courts. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe, or describe the scope or extent of such section. Theragnostics’s failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. This agreement and the terms and conditions contained herein set forth the entire understanding and agreement between Theragnostics and you with respect to the subject matter hereof and supersede any prior or contemporaneous understanding, whether written or oral.
- 20.Waiver and Severability. No waiver of by us of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of us to assert a right or provision under these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
- 21.Survival. The following provisions shall survive the termination of these Terms and shall apply indefinitely: (i) Section 3 (Ownership; Reservation of Rights); (ii) Section 10 (Warranty Disclaimer); (iii) Section 11 (Limitation of Liability); (iv) Section 13 (Indemnity); (v) Section 16 (Assignment); (vi) Section 19 (General); and (vii) Section 21 (Survival).
- Contact Us. If you have any questions about these Terms, the practices of this Website, or your dealings with Theragnostics, please contact us at:
150 Grossman Drive #306
Braintree, MA 02184
- Effective Date. The effective date of these Terms is 18 March 2022.
- Copyright and Legal Notice. Copyright ©2022 Theragnostics Inc. All Rights Reserved.