TERMS OF USE

PLEASE READ THESE TERMS OF USE CAREFULLY. These terms of use describe the rules for visitors (“you” or “your”) of any IMAIOS, Inc. (“IMAIOS”) website (the "IMAIOS Site"). The IMAIOS Site may be used only for information purposes. By using the IMAIOS Site or uploading materials to the IMAIOS Site, you agree to abide by the terms of use set forth in this notice ("Terms of Use") and IMAIOS’s Privacy Policy (“Privacy Policy”).  If you do not agree to abide by the Terms of Use and the Privacy Policy, do not use the IMAIOS Site in any manner, including but not limited to, uploading or downloading of any information or material. These Terms of Use apply to residents of the United States. If you are a resident of another country, please click here for applicable information. 

Use of the Site

The IMAIOS Site is owned and operated by IMAIOS.  It is your responsibility to check these Terms of Use periodically for changes. As long as you comply with these Terms of Use, IMAIOS grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the IMAIOS Site.  By using the IMAIOS Site, you represent and warranty that you accept these and any future version of the Terms of Use. These Terms of Use were last updated on December 1, 2013.

The Terms of Use apply exclusively to your access to and use of the IMAIOS Site and do not alter the terms or conditions of any other agreement you may have with IMAIOS or its parents, subsidiaries or affiliates regarding other topics than the use of the IMAIOS Site including, but not limited to, any agreement regarding use of one of IMAIOS’ applications and/or software.

Please read our Privacy Policy to understand the privacy rules about your use of the IMAIOS Site. Except as written in any other user agreements, disclaimers, policies, terms of use, statements, other notices on the IMAIOS Site, and/or the Software License Agreement, the Terms of Use and our Privacy Policy are the complete agreement between you and IMAIOS with respect to your use of the IMAIOS Site.

You may not use the Site for any unlawful or prohibited purpose. This includes, but is not limited to: (1) using the Site to invade the privacy of, obtain the identity of, or obtain any personal information about any other user of the Site; (2) modifying, erasing, or damaging any information contained on the computer of any user connected to the Site; (3) reverse engineering any portion of the Site; or (4) use of the Site or Content, as defined hereunder, in any manner that is inconsistent with the limited privilege granted herein.

The information contained in the IMAIOS Site (i) are for general guidance on matters of interest only and shall not be assimilated to or substituted for legal or medical advice.

Any reference to an IMAIOS product, application, or service on the IMAIOS Site does not imply that such product or service is or will be available in your country and/or state where it may be subject to different regulations and conditions of use. Such reference does not imply any intention on our part to sell this product, application, or service in your country and/or state and you should always rely on product information especially created for your country and/or state. IMAIOS’s Site contains information about products and services that may or may not be available in any particular country or region of the world, may be available under different trademarks in different countries, and where applicable may be approved or cleared by a government regulatory body for sale or use with different indications and restrictions in different countries.

Although accessible by others, the product information on a public IMAIOS Site is intended for use by U.S. residents only.  The IMAIOS Site may link to other Sites produced by IMAIOS's various operating divisions, affiliates, and subsidiaries, some of which are outside the U.S. Those IMAIOS Sites may have information that is appropriate only to the particular originating country or region where the Site is based. You should not construe anything on a linked Site as a promotion or solicitation for any product or for the use of any product that is not authorized by the laws and regulations of the country where you are located.

The IMAIOS Site may contain from time to time information related to various health, medical and fitness conditions and their treatment and/or developments and educational material in the medical fields. Such information is not meant to be a substitute for the advice provided by a healthcare educator, physician or other medical professional. As a healthcare professional and/or aspiring healthcare professional, you should use your own judgment in order to assess the reliability of the information in question. In any case, IMAIOS strongly advises every user to double check the information in question by consulting other sources.  You should not use the information contained herein for diagnosing a health or fitness problem or disease and/or taking an examination to become a healthcare professional. Receipt or use of an IMAIOS Product, in whole or in part, does not constitute or create a doctor-patient, therapist-patient, medical consultant or other healthcare professional relationship between you and IMAIOS. You should always consult a medical professional, such as a physician, to determine what courses of treatment, if any, may be appropriate for a patient and use appropriate course materials as required by any examination you will take.

Copyrights and Trademarks.

All of the Content you see on the IMAIOS Site (the “Content”) is protected by worldwide copyright and trademark laws. Any rights not expressly granted herein are reserved. Reproduction, transfer, distribution or storage of part or all of the Contents in any form without the prior written permission of IMAIOS is prohibited except in accordance with the following terms. IMAIOS consents to you browsing the IMAIOS Site on your computer and printing or downloading Content provided that you (1) do not remove any proprietary notice language from the Content, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such Content on any networked computer or broadcast it in any media, (3) make no modifications to any such Content, and (4) do not make any additional representations or warranties relating to the Content. The Content may otherwise not be copied or used in any way without the prior written consent from an authorized IMAIOS representative. The trademarks, service marks, trade names, trade dress and products contained in the IMAIOS Site are protected in the United States and internationally. Other product, application, and company names mentioned in the IMAIOS Site may be trademarks or trade names of their respective owners. Your access to the IMAIOS Site should not be construed as granting, by implication, estoppel or otherwise, any license or right to use any marks appearing on the IMAIOS Site without the prior written consent of an authorized IMAIOS representative or the third-party owner thereof except to identify the products or services of the company.

If you believe that your intellectual property has been improperly used on the IMAIOS Site please contact Mickael Tormena at the address provided below.

Software.

Any IMAIOS software including any applications, files, images generated by the software, code, source and destination, data accompanying such software, and/or IMAIOS software that is made available to download and/or use from the IMAIOS Site and/or from third-party sites (collectively, "Software"), is the copyrighted work of IMAIOS and/or its suppliers which may be used or accessible by you by means of the IMAIOS Site solely for accessing and using the IMAIOS Site for purposes and according to the conditions expressly stated on the IMAIOS Site. IMAIOS retains full and complete title to and all intellectual property rights in the Software. You agree to neither translate, alter, copy, distribute, sell, modify, translate, or create derivative works from any part of the Software nor to decompile, reverse engineer or disassemble the same, unless permitted by applicable law.  In addition, you shall not sell, assign, sublicense, transfer, disclose, or permit access to the Software and related documentation to any other person or entity.

Use of the Software is also governed by the terms of the End User Agreement that accompanies, is included with, and/or downloaded upon use of the Software ("End User Agreement").

User Representations.

In using the IMAIOS Site, you agree not to: (a) disrupt or interfere with the security of, or otherwise abuse, the IMAIOS Site, or any services, system resources, accounts, servers or networks connected to or accessible through the IMAIOS Site or affiliated or linked sites; (b) disrupt or interfere with any other user's enjoyment of the IMAIOS Site or affiliated or linked Sites; (c) upload, post, or otherwise transmit through or on any IMAIOS Site any viruses or other harmful, disruptive or destructive files; (d) transmit through or on the IMAIOS Site spam, chain letters, junk mail or any other type of unsolicited mass email to people or entities who have not agreed to be part of such mailings; (e) attempt to obtain unauthorized access to the IMAIOS Site or portions of the IMAIOS Site which are restricted from general access; (f) use the IMAIOS Site to seek, provide or obtain specific medical advice, medical opinion or diagnosis as applied to a patient’s particular condition or situation; and, (g) use the IMAIOS Site to seek, provide or obtain specific responses and/or lessons as applied to a specific examination in the healthcare field.

In addition, you agree that you will comply with all applicable local, state, national and international laws and regulations, including, but not limited to, United States export restrictions, that relate to your use of or activities on the IMAIOS Site.

If you are using the secured IMAIOS Site for professional use, in connection with the treatment of patients, you expressly agree that you will not provide, discuss or refer to any particular patient, any particular patient's medical condition or any other information, which could identify a particular patient. You further expressly agree that you will not discuss, endorse or refer to "off label" uses of medical products, including any uses which have not been approved by the U.S. Food and Drug Administration or any other applicable regulatory agency.

Site Updates.

All Content available through the IMAIOS Site, including, but not limited to data, technical drawings, images, configurations, quote, available applications, and order information are believed to be accurate. However, you should independently evaluate the accuracy of the information and the usefulness for your particular needs of any Content, product or service available through the IMAIOS Site. Specifications for products and services are subject to change without notice and IMAIOS reserves the right to make changes without notice to processing, materials or configuration. IMAIOS does not guarantee that products or services that are listed online will be available at the time of your order.

Term/Termination.

IMAIOS may terminate, change, suspend or discontinue any aspect of the IMAIOS Site, including the availability of any features, at any time. IMAIOS may remove, modify or otherwise change any Content, including that of third-parties, on or from the IMAIOS Site. IMAIOS may impose limits on certain features and services or restrict your access to parts or all of the IMAIOS Site without notice or liability. IMAIOS reserves the right to terminate your authorization to use the Site and to delete one or more of your related accounts immediately at any time if you breach or threaten to breach any of these Terms.  IMAIOS may further terminate the authorization and rights provided herein and your use of the IMAIOS Site at any time in its sole discretion and upon such termination, you shall immediately destroy all materials that you have downloaded from the IMAIOS Site.

Links to Other Sites.

For easy and convenient accessibility, IMAIOS may include links to websites on the internet that are owned or operated by third-parties to which this Terms of Use do not apply. IMAIOS is not responsible for the content of such other websites. You also agree that IMAIOS has no control over the content on third-party websites and cannot assume any responsibility for material created or published by such third-party websites. Therefore, when linking to such a third-party website, you should review and agree to that website's rules of use before using such website. In addition, a summary and/or link to a non-IMAIOS website does not imply that IMAIOS endorses the website or the products or services on such third-party website, or warrants the accuracy of any Content referenced in such third-party website. IMAIOS shall not be liable for any damages or injury arising from your access to or inability to access such websites.

Links to the IMAIOS Site.

All links to the IMAIOS Site must be approved in writing by IMAIOS, except that IMAIOS consents to links in which: (a) the link is a text-only link containing only the title of the home page of the IMAIOS’ Site, (b) the link "points" only to the home page of the IMAIOS Site and not to deeper pages, (c) the link, when activated by a user, displays this home page of the IMAIOS Site in full-screen and not within a "frame" on the linked Site, and (d) the appearance, position, and other aspects of the link do not (i) create the false appearance that an entity or its activities or products are associated with or sponsored by IMAIOS or its affiliates, or (ii) damage or dilute the goodwill associated with the name and trademarks of IMAIOS or its affiliates. In any event you agree that IMAIOS reserves the right to withdraw this consent to link without reason or notice and at any time and you further undertake to delete any link for which IMAIOS’s consent has been withdrawn.

Your Content and Ideas.

By submitting material to any of our servers, for example, by e-mail or via the internet, you agree that: (a) the material will not contain any item that is unlawful or otherwise unfit for publication; (b) you will use reasonable efforts to scan and remove any viruses or other contaminating or destructive features before submitting any material; (c) you own the material or have the unlimited right to provide it to us and IMAIOS may publish the material free of charge and/or incorporate it or any concepts described in it in our products without accountability or liability; (d) you agree not to take action against us in relation to material that you submit and you agree to indemnify us if any third-party takes action against us in relation to the material you submit; (e) does not violate these Terms of Use, IMAIOS’s Privacy Policy, the Software License or any other registered user agreement (if applicable); and (f) and that you shall be responsible for the Content and information contained therein, including all required consents, its truthfulness and accuracy.

IMAIOS does not and cannot review the Content posted by each user on the IMAIOS Site and is not responsible for such Content. IMAIOS may at any time at its discretion remove any Content posted by users.

Securities Disclaimer.

IMAIOS’s Sites may contain "forward-looking statements" as defined in the Private Securities Litigation Reform Act of 1995. These statements, at the time they were made, were based on then-current expectations of future events.

If any of those underlying assumptions prove or have proven to be inaccurate or unknown or if risks or uncertainties materialize or have materialized, actual results could vary or already may have varied materially from IMAIOS’s expectations and projections in these statements.

These risks and uncertainties include general industry conditions and competition: economic conditions such as interest rate and currency exchange rate fluctuations, technological advances and patents attained by competitors, challenges inherent in new product development including obtaining regulatory approvals, domestic and foreign health care reforms and governmental laws and regulations and trends toward health care cost containment.

The Company assumes no obligation to update any forward-looking statements as a result of new information or future events or developments.

Any personally identifiable information transmitted to a IMAIOS Site is governed by IMAIOS’s Privacy Policy, which is incorporated by reference as if fully set forth in these Terms of Use. IMAIOS shall be free to use or copy all other information in any such communications, including any ideas, inventions, concepts, techniques or know-how disclosed therein, for any purposes. Such purposes may include disclosure to third-parties and/or developing, manufacturing and/or marketing goods or services.

Warranty.

THE USE OF THE IMAIOS SITE AND THE CONTENT THEREIN IS PERMITTED FOR PRIVATE, NON-COMMERCIAL USE. THE CONTENT IN EVERY IMAIOS SITE IS PROVIDED AS A CONVENIENCE TO YOU. IMAIOS WILL USE REASONABLE EFFORTS TO INCLUDE UP-TO-DATE AND ACCURATE INFORMATION IN ITS SITE BUT MAKES NO REPRESENTATIONS, WARRANTIES OR ASSURANCES AS TO THE ACCURACY, CURRENCY OR COMPLETENESS OF THE INFORMATION CONTAINED ON ANY IMAIOS SITE WHICH ARE PROVIDED ON "AS IS" AND "AS AVAILABLE" BASIS.

TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, IMAIOS AND ITS AFFILIATES DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. YOU EXPRESSLY AGREE THAT ANY USE OF THE IMAIOS SITE, INCLUDING ALL CONTENT, DATA OR SOFTWARE DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THE IMAIOS SITE IS AT YOUR SOLE RISK. YOU UNDERSTAND AND AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR BUSINESS, YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD AND/OR USE OF SUCH CONTENT, DATA AND/OR SOFTWARE.

YOU ACKNOWLEDGE THAT IMAIOS DOES NOT CONTROL IN ANY RESPECT ANY INFORMATION, PRODUCTS OR SERVICES OFFERED BY THIRD-PARTIES THROUGH ANY WEBSITE INCLUDING THE IMAIOS SITE. EXCEPT AS OTHERWISE AGREED IN WRITING, IMAIOS AND ITS AFFILIATES ASSUME NO RESPONSIBILITY FOR AND MAKE NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY OR USEFULNESS OF ANY LESSON, MATERIAL, ADVICE, OPINION, SUMMARY, STATEMENT OR OTHER CONTENT OR OF ANY APPLICATIONS, PRODUCTS OR SERVICES DISTRIBUTED OR MADE AVAILABLE BY THIRD-PARTIES THROUGH ANY THIRD-PARTY OR THE IMAIOS SITE.

IMAIOS DOES NOT MAKE ANY WARRANTY THAT THIS SITE OR ITS CONTENT WILL MEET YOUR REQUIREMENTS, OR THAT THE IMAIOS SITE OR ITS CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE OR THAT DEFECTS, IF ANY, WILL BE CORRECTED. NOR DOES IMAIOS MAKE ANY WARRANTY OR REPRESENTATION AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE IMAIOS SITE OR ITS CONTENT OR AS TO THE ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY OR USEFULNESS OF ANY INFORMATION OBTAINED THROUGH USE OF THE IMAIOS SITE.

IMAIOS ASSUMES NO RESPONSIBILITY FOR ANY DAMAGES SUFFERED BY A USER, VISITOR AND/OR YOU, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA FROM DELAYS, NONDELIVERIES OF CONTENT OR EMAIL, ERRORS, SYSTEM DOWN TIME, MISDELIVERIES OF CONTENT OR EMAIL, NETWORK OR SYSTEM OUTAGES, FILE CORRUPTION, OR SERVICE INTERRUPTIONS CAUSED BY THE NEGLIGENCE OF IMAIOS, ITS AFFILIATES, ITS LICENSORS, OR A USER'S OWN ERRORS AND/OR OMISSIONS.

The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.

Except as otherwise provided under applicable laws and regulations regarding the security of personal data, IMAIOS disclaims any warranty or representation that confidentiality of information transmitted through the IMAIOS Site will be maintained.

No advice or information, whether oral or written, obtained by you from IMAIOS or third-parties through the IMAIOS Site shall create any warranty.

Some states do not allow the limitation or exclusion of certain warranties or conditions, so some of the above exclusions may not apply to you.

Limitation of Liability.

TO THE EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, WHETHER IN ANY ACTION IN WARRANTY, CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR FUNDAMENTAL BREACH), OR OTHERWISE,SHALL IMAIOS OR ITSPARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, CONTENT PROVIDERS, OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING FROM OR IN CONNECTION WITH THE USE OF OR THE INABILITY TO USE THE IMAIOS SITE OR ANY CONTENT CONTAINED ON THE IMAIOS SITE, OR, EXCEPT AS OTHERWISE PROVIDED UNDER APPLICABLE LAWS AND REGULATIONS REGARDING THE SECURITY OF PERSONAL DATA, RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR OTHER INFORMATION THAT IS SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR FAILING AN EXAMINATION, MISDIAGNOSIS, PERSONAL INJURY, WRONGFUL DEATH, INTERRUPTION OF SERVICE, LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE PARTIES ACKNOWLEDGE THAT THIS IS A REASONABLE ALLOCATION OF RISK, EVEN IF IMAIOS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW EXCLUSION OF CERTAIN WARRANTIES OR LIMITATIONS OF LIABILITY, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THE LIABILITY OF IMAIOS WOULD IN SUCH CASE BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. PAYMENT IN THE AMOUNT OF PURCHASED SOFTWARE BY YOU, IF ANY, AS LIMITED BY THE FOREGOING SENTENCES, IS YOUR SOLE AND EXCLUSIVE REMEDY IN EXHAUSTION OF ALL OTHER REMEDIES UNDER THESE TERMS OF USE, AT LAW OR IN EQUITY, AND SUCH REMEDY IS NOT DEEMED OR ALLEGED BY YOU TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

Indemnification.

You agree to indemnify, defend, and hold harmless IMAIOS, its parents, subsidiaries, affiliates, officers, directors, employees, agents or suppliers from and against all losses, expenses, damages and costs, including reasonable attorney's fees, resulting from any violation of these Terms of Use and conditions or any activity related to your use of the IMAIOS Site (including negligent or wrongful conduct) by you or any other person accessing the IMAIOS Site using your Internet account and/or IMAIOS account.

Applicable Law.

These Terms of Use shall be governed by the laws of the State of New York and claims shall be determined in the state and federal courts of the State of New York, U.S.A. Should any provision in these Terms of Use be found invalid or unenforceable for any reason, then that provision shall be deemed severable from, and shall not affect the validity or enforceability of, the remaining provisions.

Contact IMAIOS.

If you have any questions about these Terms of Use, please write to:

IMAIOS Inc,

c/o Constantin Associates, 575 Madison Ave #25

New York, 10022

USA

 

If the Terms of Use change, the revised Terms of Use will be posted on the IMAIOS Site. Please check back periodically, and especially before you provide any personally identifiable information.