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ACCEPTANCE OF
TERMS
ioMetics, LLC makes this Web site (the "Site"),
including all information, documents, communications, files,
text, graphics, software, and products available through the
Site (collectively, the "Materials") and all services
operated by ioMetics, LLC and third parties through the Site
(collectively, the "Services"), available for your
use subject to the terms and conditions set forth in this
document and any changes to this document that ioMetics, LLC
may publish from time to time (collectively, the "Terms of
Use").
By accessing or using this
Site in any way, including, without limitation, use of any of
the Services, downloading of any Materials, or merely browsing
the Site, you agree to and are bound by the Terms of
Use.
ioMetics, LLC reserves the right to change the
Terms of Use and other guidelines or rules posted on the Site
from time to time at its sole discretion, and will provide
notice of material changes on the product support page of the
Site. Your continued use of the Site, or any Materials or
Services accessible through it, after such notice has been
posted constitutes your acceptance of the changes. Your use of
the Site will be subject to the most current version of the
Terms of Use, rules and guidelines posted on the Site at the
time of such use. You should periodically check the "Terms
of Use" link on the Site's home page to view the then
current terms. If you breach any of the Terms of Use, your
authorization to use this Site automatically terminates, and
any Materials downloaded or printed from the Site in violation
of the Terms of Use must be immediately
destroyed.
INTELLECTUAL PROPERTY; LIMITED LICENSE TO
USERS
The Materials and Services on this Site, as well
as their selection and arrangement, are protected by copyright,
trademark, patent, and/or other intellectual property laws, and
any unauthorized use of the Materials or Services at this Site
may violate such laws and the Terms of Use. Except as expressly
provided herein, ioMetics, LLC and it's partners, associates,
and affiliates do not grant any express or implied rights to
use the Materials and Services. You agree not to copy,
republish, frame, download, transmit, modify, rent, lease,
loan, sell, assign, distribute, license, sublicense, reverse
engineer, or create derivative works based on the Site, its
Materials, or its Services or their selection and arrangement,
except as expressly authorized herein. In addition, you agree
not to use any data mining, robots, or similar data gathering
and extraction methods in connection with the Site.
Use
of Services. When using Services on this Site that are
offered by ioMetics, LLC, you shall be subject to any posted
guidelines, rules, or licenses applicable to such Services and
to the Terms of Use. Such guidelines, rules, or licenses may
contain terms and conditions in addition to those in the Terms
of Use.
In addition to the Materials and Services
offered by ioMetics, LLC, this Site also makes available
materials, information, and services provided by third parties
(collectively, the "Third Party Services"). The Third
Party Services are governed by separate license agreements that
accompany such services. ioMetics, LLC offers no guarantees and
assumes no responsibility or liability of any type with respect
to the Third Party Services, including any liability resulting
from incompatibility between the Third Party Services and the
Materials and Services offered by ioMetics, LLC. You agree that
you will not hold ioMetics, LLC responsible or liable with
respect to the Third Party Services or seek to do so.
Use
of Software. The software and accompanying documentation
that is made available to download from this Site is the
copyrighted and/or patented work of ioMetics, LLC and it's
partners, associates, and affiliates. Use of the software is
governed by the terms of the license agreement that accompanies
or is included with such software. You will not be able to
download or install any software that is accompanied by or
includes a license agreement unless you agree to the terms of
such license agreement. If you do not agree to such terms, you
will not be able to use the software. Absent a license
agreement that accompanies the software, use of the software
will be governed by the Terms of Use. You agree that you will
not decompile, reverse engineer, or otherwise attempt to
discover the source code of the software available on the
Site.
Use of ioMetics, LLC Content and User Content.
Except as indicated to the contrary elsewhere on this Site, you
may view, download, and print the ioMetics, LLC Content and
User Content available on this Site subject to the following
conditions:
1. The ioMetics, LLC Content and User
Content may be used solely for personal, informational, and
internal purposes.
2. The ioMetics, LLC Content and User
Content may not be modified or altered in any way.
3. The
ioMetics, LLC Content and User Content on the Site may not be
distributed or sold, rented, leased, or licensed to others.
4.
You may not remove any copyright or other proprietary notices
contained in the ioMetics, LLC Content and User Content.
5.
ioMetics, LLC reserves the right to revoke the authorization to
view, download, and print the ioMetics, LLC Content and User
Content available on this Site at any time, and any such use
shall be discontinued immediately upon notice from ioMetics,
LLC.
6. The rights granted to you constitute a license and
not a transfer of title.
The rights specified above to
view, download, and print the ioMetics, LLC Content and User
Content available on this Site are not applicable to the design
or layout of this Site. Elements of this Site are protected by
trade dress and other laws and may not be copied or imitated in
whole or in part.
TRADEMARK INFORMATION
The
trademarks, logos, and service marks ("Marks")
displayed on this Site are the property of ioMetics, LLC and
it's partners, associates, and affiliates. You are not
permitted to use the Marks without the prior written consent of
ioMetics, LLC or such third party that may own the
Marks.
USER CONDUCT
In using the Site,
including all Services and Materials available through it, you
agree:
-
not to disrupt or interfere with any other user's
enjoyment of the Site or affiliated or linked sites;
-
not to upload, post, or otherwise transmit through the
Site any viruses or other harmful, disruptive, or destructive
files;
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not to create a false identity;
-
not to use or attempt to use another's account,
password, service, or system without authorization from
ioMetics, LLC;
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not to disrupt or
interfere with the security of, or otherwise cause harm to,
the Site, or any Services, Materials, system resources,
accounts, passwords, servers, or networks connected to or
accessible through the Site or any affiliated or linked sites.
USE AND PROTECTION OF UserID
AND PASSWORD
You are responsible for maintaining the
confidentiality of your UserID and password, if applicable. You
are responsible for damages resulting from all uses of your
UserID and password, whether actually or expressly authorized
by you, unless access to your UserID and password was obtained
through no fault or negligence of your own.
WARRANTIES
AND DISCLAIMERS
EXCEPT AS EXPRESSLY PROVIDED OTHERWISE
IN A WRITTEN AGREEMENT BETWEEN YOU AND ioMetics, LLC OR YOU AND
A THIRD PARTY WITH RESPECT TO SUCH PARTY'S MATERIALS OR
SERVICES, THIS SITE, AND ALL MATERIALS AND SERVICES ACCESSIBLE
THROUGH THIS SITE ARE PROVIDED "AS IS" WITHOUT
WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT
NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF
NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, ioMetics, LLC
MAKES NO WARRANTY THAT (i) THE SERVICES AND MATERIALS WILL MEET
YOUR REQUIREMENTS; (ii) THE SERVICES AND MATERIALS WILL BE
UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (iii) THE RESULTS
THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR MATERIALS
WILL BE EFFECTIVE, ACCURATE, OR RELIABLE; (iv) THE QUALITY OF
ANY PRODUCTS, SERVICES, OR MATERIALS PURCHASED OR ACCESSIBLE BY
YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS; AND (v) ANY
ERRORS IN THE SOFTWARE OBTAINED FROM OR USED THROUGH THE SITE,
OR ANY DEFECTS IN THE SITE, ITS SERVICES OR MATERIALS, WILL BE
CORRECTED.
THIS SITE COULD INCLUDE TECHNICAL OR OTHER
MISTAKES, INACCURACIES, OR TYPOGRAPHICAL ERRORS. ioMetics, LLC
MAY MAKE CHANGES TO THE MATERIALS AND SERVICES AT THIS SITE,
INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS LISTED
HEREIN, AT ANY TIME WITHOUT NOTICE. THE MATERIALS OR SERVICES
AT THIS SITE MAY BE OUT OF DATE, AND ioMetics, LLC MAKES NO
COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES.
YOU
UNDERSTAND AND ACKNOWLEDGE THAT (i) ioMetics, LLC DOES NOT
CONTROL, ENDORSE, OR ACCEPT RESPONSIBILITY FOR ANY CONTENT,
PRODUCTS, OR SERVICES OFFERED BY THIRD PARTIES THROUGH THE
SITE, INCLUDING, WITHOUT LIMITATION, THIRD PARTY VENDORS AND
THIRD PARTIES ACCESSIBLE THROUGH LINKS ON THE SITE; (ii)
ioMetics, LLC MAKES NO REPRESENTATION OR WARRANTIES WHATSOEVER
ABOUT ANY SUCH THIRD PARTIES, THEIR CONTENT, PRODUCTS, OR
SERVICES; (iii) ANY DEALINGS YOU MAY HAVE WITH SUCH THIRD
PARTIES ARE AT YOUR OWN RISK; AND (iv) ioMetics, LLC SHALL NOT
BE LIABLE OR RESPONSIBLE FOR ANY CONTENT, PRODUCTS, OR SERVICES
OFFERED BY THIRD PARTIES.
THE USE OF THE SERVICES OR THE
DOWNLOADING OR OTHER USE OF ANY MATERIALS THROUGH THE SITE IS
DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT
THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR
COMPUTER SYSTEM, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM
SUCH ACTIVITIES. ioMetics, LLC ASSUMES NO LIABILITY FOR ANY
COMPUTER VIRUS OR OTHER SIMILAR SOFTWARE CODE THAT IS
DOWNLOADED TO YOUR COMPUTER FROM THE SITE OR IN CONNECTION WITH
ANY SERVICES OR MATERIALS OFFERED THROUGH THE SITE. NO ADVICE
OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM
ioMetics, LLC OR THROUGH OR FROM THE SITE SHALL CREATE ANY
WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE.
SOME
STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED
WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY
LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. TO THE
EXTENT PERMISSIBLE, ANY IMPLIED WARRANTIES ARE LIMITED TO
NINETY (90) DAYS.
INTERNATIONAL USERS
This
Site can be accessed from countries around the world and may
contain references to ioMetics, LLC products, services, and
programs that are not available in your country. These
references do not imply that ioMetics, LLC intends to announce
such products, services, or programs in your country.
The
Site is controlled, operated, and administered by ioMetics, LLC
from its offices within the United States of America. ioMetics,
LLC makes no representation that the Site, or the Services or
Materials available through it, are appropriate or available
for use at other locations outside the United States, and
access to the Site from territories where the Site or any of
its Services or Materials are illegal is prohibited. If you
access the Site from a location outside the United States, you
are responsible for compliance with all local laws. See section
on Export Control Laws, below, for further
information.
PERSONAL INFORMATION AND PRIVACY
Except as set forth in the Terms of Use, your personal information will be
deemed to be confidential. Any non-personal information or
material sent to ioMetics, LLC will generally be deemed to NOT
be confidential. You understand and agree that we may disclose
information about you if we have a good faith belief that we
are required to do so by law or legal process, to respond to
claims, or to protect the rights, property, or safety of
ioMetics, LLC or others, or as stated in our Privacy
Policy.
LIMITATION OF LIABILITY
IN NO
EVENT, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, SHALL
ioMetics, LLC, ITS SUBSIDIARIES, AFFILIATES, AGENTS, OFFICERS,
DIRECTORS, EMPLOYEES, PARTNERS, OR SUPPLIERS BE LIABLE TO YOU
OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL,
INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES
WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM
LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT ioMetics, LLC HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY
THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE
USE OF OR THE INABILITY TO USE THIS SITE, ITS SERVICES, OR
MATERIALS, THE STATEMENTS OR ACTIONS OF ANY THIRD PARTY ON OR
THROUGH THE SITE, ANY DEALINGS WITH VENDORS OR OTHER THIRD
PARTIES, ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR
TRANSMISSIONS OR DATA, ANY INFORMATION THAT IS SENT OR RECEIVED
OR NOT SENT OR RECEIVED, ANY FAILURE TO STORE OR LOSS OF DATA,
FILES, OR OTHER CONTENT, ANY SERVICES AVAILABLE THROUGH THE
SITE THAT ARE DELAYED OR INTERRUPTED, OR ANY WEB SITE
REFERENCED OR LINKED TO FROM THIS SITE.
SOME
JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY
FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. ACCORDINGLY, THE
LIMITATIONS AND EXCLUSIONS SET FORTH ABOVE MAY NOT APPLY TO
YOU.
FORWARD-LOOKING STATEMENTS DISCLAIMER
This
Site may now, or hereafter from time to time, contain certain
statements or information with respect to the plans,
objectives, and/or projections of ioMetics, LLC for future
operations, including those relating to the products or
services of ioMetics, LLC. All such statements and information
are forward-looking statements within the meanings of Section
27A of the Securities Act of 1933 and Section 21E of the
Securities Exchange Act of 1934. Such forward-looking
statements are based upon, or will be based upon, ioMetics, LLC
judgment with respect to future events and are subject to a
number of uncertainties and risks that could cause actual
results or circumstances to differ materially from those
expressed in the forward-looking statements. ioMetics, LLC
wishes to caution you that such forward-looking statements are
only predictions and that actual events or results may differ
materially.
EXPORT CONTROL LAWS; NOTICE TO U.S.
GOVERNMENT USERS
The export and re-export of ioMetics,
LLC software products are controlled by the United States
Export Administration Regulations, and such software may not be
exported or re-exported to Cuba, Iran, Iraq, Libya, North
Korea, Sudan, Syria, the Taliban controlled areas of
Afghanistan, or any country to which the United States
embargoes goods. In addition, ioMetics, LLC software may not be
distributed to persons on the Table of Denial Orders, the
Entity List, or the List of Specially Designated Nationals.
By
downloading a ioMetics, LLC software product you are certifying
that you are not a national of Cuba, Iran, Iraq, Libya, North
Korea, Sudan, Syria, the Taliban controlled areas of
Afghanistan, or any country to which the United States
embargoes goods and that you are not a person on the Table of
Denial Orders, the Entity List, or the List of Specially
Designated Nationals.
INDEMNITY AND LIABILITY
You
agree to indemnify and hold ioMetics, LLC and it's partners,
associates, and affiliates, harmless from any claim or demand,
including reasonable attorneys' fees, made by any third party
due to or arising out of content you submit, post to, or
transmit through the Site, your use of the Site, your
connection to the Site, your violation of the Terms of Use, or
your violation of any rights of another person or
entity.
GOVERNING LAW AND JURISDICTION
This
Site (excluding linked sites) is controlled by ioMetics, LLC
from its offices within the state of California, United States
of America. By accessing this Site, you and ioMetics, LLC agree
that all matters relating to your access to, or use of, this
Site shall be governed by the statutes and laws of the State of
Tennessee, without regard to the conflicts of laws principles
thereof.
GENERAL
The Terms of Use and the other rules,
guidelines, licenses and disclaimers posted on the Site
constitute the entire agreement between ioMetics, LLC and you
with respect to your use of the Site. If for any reason a court
of competent jurisdiction finds any provision of the Terms of
Use, or portion thereof, to be unenforceable, that provision
shall be enforced to the maximum extent permissible so as to
effect the intent of the parties as reflected by that
provision, and the remainder of the Terms of Use shall continue
in full force and effect. Any failure by ioMetics, LLC to
enforce or exercise any provision of the Terms of Use or
related right shall not constitute a waiver of that right or
provision. The section titles used in the Terms of Use are
purely for convenience and carry with them no legal or
contractual effect.
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