Terms of Use

closeclose

Terms of Use

Last updated: May 2012


Please read these Terms carefully before using this website.
 


THIS WEBSITE DOES NOT PROVIDE MEDICAL ADVICE

The content of this website is for informational purposes only, and is not intended to be a substitute for professional medical advice, diagnosis or treatment.  You should consult your physician, or other qualified health provider if you have questions about a medical condition.  If you think you have a medical emergency, call your doctor or 911 immediately.  Reliance on any information provided on this website is at your own risk.


All medical information provided by users of this website is protected in accordance with our Privacy Policy.

In This Policy 

 1. Description of Terms
 2. Acceptance of Terms
 3. Permitted Uses
 4. Use of Communication Services
 5. Submissions
 6. Prohibited Uses
 7. Parental or Guardian Permission
 8. Proprietary Rights
 9. Changes to Website and these Terms of Use
10. Member Account, Password, and Security
11. Disclaimer
12. Limitations of Liability
13. Indemnity
14. Links to Third Party Sites
15. Applicable Law and Jurisdiction
16. Privacy and Protection of Personal Information
17. Severability
18. Contact Our Privacy Officer
 


1. Description of Terms

The website is an interactive health, science and technology website (“Website”) offered by Inflexxion, Inc. (hereinafter "Inflexxion").  As used in these Terms of Use, the terms “we,” “us” and “our” refer to Inflexxion.
Inflexxion provides you with access to a variety of resources which may include document, tools, download areas, communication forums, images, and information (collectively called "Resources"). The Resources, including any updates, enhancements, new features, and/or the addition of any new website properties, are subject to these Terms of Use.


2. Acceptance of Terms

By using the website {www.asi-mvconnect.com (the “Website”)}, you are agreeing to comply with and be legally bound by the following Terms of Use related to your access and use of the Website and its content, and our Privacy Policy.  If any of these Terms of Use are unacceptable to you, do not use the Website. Use of the Website constitutes acceptance of this agreement.


3. Permitted Uses of the Website

(a) Public use: Inflexxion permits you to access these Resources for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell Resources obtained from the Website.

Subject to these Terms of Use, you may view, download and print the content solely for your noncommercial and informational use, provided that you fully comply with the Terms.

(b) Registered use: If you elect to become a registered user of our Website, you agree to provide us with true, accurate and complete information about yourself ("Registered User Data"), and to maintain and promptly update the Registered User Data to keep it accurate. If you provide any information that is untrue, inaccurate, or incomplete, or we have reasonable grounds to suspect that such is the case, we reserve the right to suspend or terminate your user account and refuse any and all current or future use of our Website (or any portion thereof).

You agree to register according to the instructions and requirements provided on the registration form; and you agree not to assign, transfer or sublicense your rights as a registered user of this Website to any other user.

As a Registered User, you are permitted to participate in any surveys, questionnaires, forums or other interactive features, included as a benefit of becoming a Registered User. You may also be permitted access to documents that are subject to third-party terms of use. Any such documents will be clearly marked and identified as originating with a third-party;  Inflexxion is not responsible or liable for your use of any such third-party documents available on our Site or for any content contained therein.

4. Use of Communication Services
Services on the Website may include e-mail services, bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, photos, file cabinets and/or other message or communication facilities designed to enable you to communicate with others (each a "Communication Service" and collectively "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper (as defined below). You agree that when using the Communication Services, you will not:


 

  • Use the Communication Services in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise), advertising or offers to buy or sell any goods or services.
  • Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (including rights of privacy and publicity) of others.
  • Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful material or information.
  • Upload (or otherwise make available) or use any files that contain images, photographs, software or other material protected by intellectual property laws unless you own or control the rights thereto or have received all necessary consent to do the same.
  • Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another.
  • Falsify or delete any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
  • Restrict or inhibit any other user from using and enjoying the Communication Services.
  • Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
  • Violate any applicable laws or regulations including but not limited to, HIPAA (Health Insurance Portability and Accountability Act), and HITECH (Health Information Technology for Economic and Clinical Health Act).
  • Create a false identity or otherwise manipulate identifiers for the purpose of misleading others.
  • Use, download or otherwise copy, or collect information about others or provide (whether or not for a fee) to a person or entity any information about others (including e-mail addresses) or create a directory of users of the Communication Services or other user or usage information or any portion thereof.
     


Inflexxion reserves the right to review materials posted to the Communication Services and to remove any materials in its sole discretion. Inflexxion reserves the right to terminate your access to any or all of the Communication Services at any time, without notice, for any reason whatsoever. Although we reserve the right to remove, without notice, any posting for any reason, we have no obligation to delete postings that you may find objectionable or offensive. Inflexxion does not control or endorse the content, messages or information found in any Communication Services and, therefore, Inflexxion specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Services.

Inflexxion reserves the right at all times to disclose any information as Inflexxion deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Inflexxion's sole discretion.


5. Submissions

If, at our request or on your own, you send, email, post or otherwise transmit to us or this website information, software, photos, video, text, graphics, music, sounds, questions, creative suggestions, messages, comments, feedback, ideas, notes, drawings, articles, stories about yourself, or other materials (including, but not limited to, posting, emailing, or otherwise transmitting postings on any Forum, (collectively, the "Submissions"), you grant us and our successors and assigns a royalty-free, perpetual, irrevocable, non-exclusive right (including any moral rights) and license (as well as consent) to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display any Submissions (in whole or in part and with or without the use of your name) worldwide and/or to incorporate the Submissions in other works in any form, media, or technology now known or later developed, for the full term of any copyrights, trademarks and other intellectual and proprietary rights (collectively, the "Rights") that may exist in such Submissions. You also warrant that any third party holder of any Rights, including moral rights in such Submissions, has validly and irrevocably granted to you the right to grant the license stated above. You further acknowledge that we and our successors and assigns shall be entitled to unrestricted use of the Submissions for any purpose.

Except as provided in our Privacy Policy none of the Submissions shall be subject to any obligation of confidence on our part, and we shall not be liable for any use or disclosure of any Submissions. We reserve the right to edit or modify any information you provide as we see fit. We reserve the right to determine whether to post or publish any Submissions on the Website and have no obligation to post or publish any Submissions received. We reserve all rights to take down any Submissions at any time for any reason whatsoever. If you believe your content has been improperly used or misrepresented Contact Us.


6. Prohibited Uses

You agree that when using the Website, you will not:
 

  • Reproduce, distribute, modify, post, transmit, sell or otherwise make available any of the content or use the Website for any purpose that is unlawful or prohibited by these Terms of Use
  • Use any robot, spider, or other automatic device, or manual process, to monitor or copy all or part of the Website or content, without the prior written permission of Inflexxion
  • Access or use the Website in any manner that could impair, damage or disable any Inflexxion computer system or network, or interfere with the proper working of any Inflexxion computer system or network
  • Gain, or attempt to gain, unauthorized access to any parts of the Website or any Inflexxion computer system or network


7. Parental or Guardian Permission

CHILDREN UNDER THE AGE OF 13 ARE NOT PERMITTED TO USE THIS WEBSITE. We strongly recommend that children between the ages of 13 and 18 ask for their parent's or guardian's permission before viewing our Website. Inflexxion shall not be liable for any unauthorized use of the Website by minors. Parents and/or Guardians shall determine and bear sole responsibility for determining whether minors under the age of 18 shall be allowed to become Registered Users of the Website.

8. Proprietary RightsYou acknowledge that the Website and its contents are the property of Inflexxion and are protected by copyright, trademark and other intellectual property laws.  Except through direct permission granted by our Privacy Officer or explicitly stated herein, nothing in these Terms of Use or on the Website will be construed as granting you any right to use any copyright-protected materials, trademarks, service marks and logos displayed on the website, nor any right or license under any patent.  You agree not to use any name or emblem of Inflexxion, or any of its products or services, or that of its partners in any advertising or promotional materials, or to suggest any relationship between you and us, or in any manner that would infringe any of our rights. Notwithstanding the foregoing, certain copyright-protected materials are available for download and are discussed in the following section. 


NOTICE SPECIFIC TO DOCUMENTS AVAILABLE FOR DOWNLOAD ON THIS WEBSITE.

Permission to use Documents (such as white papers, datasheets and FAQs) from the Resources is granted, provided that
(1) use of such Documents from the site is for informational and non-commercial, clinical, or personal use only and will not be copied or posted on any network computer or broadcast in any media (including any educational symposia or presentations),
(2) no modifications of any content are made, and
(3) no modifications of any copyright or permissions notices contained in the Documents are made.


Note: Some Documents are subject to specific agreements as detailed during the Download process.
 

Contact our Privacy Officer for questions regarding this notice or to inquire about permission to use the Documents for any purposes other than those stated above. 


9. Changes to these Terms of Use
We may change the Website or its contents at any time, and we may terminate your access to and use of the Website at any time, with or without cause, in our sole discretion.

We may change any of the Terms of Use contained herein at any time. Changes will become effective immediately upon posting on the Website. If a material change is made to these Terms of Use, we will post a prominent notice of the nature of such change at the beginning of this agreement. You are responsible for reviewing these Terms of Use periodically to ensure that you are aware of any such changes. Your continued use of the Website indicates your assent to any changes to these Terms.

10. Member Account, Passwords, and Security
If any of the Services requires you to open an account, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You also will choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and account; and you are responsible for all activities that occur under your password(s) or account(s) or as a result of your access to the website. You agree to notify Inflexxion immediately of any unauthorized use of your account(s) or any other breach of security.
Inflexxion will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Inflexxion or another party due to someone else using your account or password. You may not use anyone else's account at any time, without the permission of the account holder.

11. Disclaimer
The website and content are provided “AS IS.”  We do not make any warranty about the accuracy, reliability, completeness, timeliness, suitability or quality of the Website or its contents.  Inflexxion and/or its respective suppliers may make improvements and/or changes to the Website or its contents at any time.  We do not warrant that the website will operate without error or interruption. Inflexxion shall have no responsibility for any damage to your computer system or loss of data that results from the download or use of content. Inflexxion and/or its respective suppliers hereby disclaim all warranties and conditions with regard to the Website, including all warranties and conditions of merchantability, whether express, implied, or statutory, or of fitness for a particular purpose.


12. Limitation of Liability

(a)  Your use of the website and the Content is at your own sole risk.  If you are dissatisfied with the website or the Content, your exclusive remedy is to stop using the website and the Content. 

(b)  In no event will we be liable to you for any direct, indirect, special, incidental, consequential, exemplary or other damages of any kind (including, without limitation, damages or costs resulting from loss of profits or business, or resulting from any error in the contents, or resulting from any decision made or action taken by you in reliance on the Website or its contents, or resulting from any unavailability of the Website, or resulting from harm to or loss of equipment, software or data, or resulting from any claim againsthttp://www.asi-mvconnect.com:8081/WorkArea/edit.aspx you by a third party), whether in an action in contract or tort, arising out of or in connection with the Website or its contents, even if we are negligent or otherwise at fault, and regardless of whether we are advised of the possibility of such damages.

(c)   The foregoing exclusions and limitations of liability and remedies will apply, to the fullest extent permitted by law, in all actions of any kind, whether based on contract, tort, or any other legal or equitable theory.  Each of these exclusions and limitations is intended to be separately enforceable, without regard to the other exclusions and limitations.

(d) If, notwithstanding the foregoing, Inflexxion, Inc. were to be held liable for damages, then regardless of the form of action (whether in contract, tort, breach of warranty or otherwise), in no event shall the maximum liability of Inflexxion, Inc. and the parties described in the next sentence (hereinafter referred to as the "Related Parties") exceed, either jointly or severally, the amount of one (1) U.S. dollar. All of the provisions of this Section are also for the benefit of Inflexxion's directors, officers, shareholders, employees, affiliates, agents, third-party content providers, licensors and the like, and anyone else involved in creating, producing or distributing the website, and each shall have the right to assert and enforce the provisions directly on their own behalf.


13. Indemnity

You agree to indemnify and hold harmless Inflexxion, and its officers, directors, employees and agents, from and against all claims, actions, suits, damages, liabilities and costs (including, without limitation, reasonable legal fees) resulting from your breach of any provision of these Terms of Use or your use of the Website or its contents.


14. Links to Third Party Sites

The Website may contain links to third-party websites maintained by others.  These links are provided solely as a convenience to you and not as an endorsement by us of the contents of any such third-party websites.  We are not responsible for the content of linked third-party sites and do not make any representations regarding the contents or accuracy of materials on such sites.  If you decide to access linked third-party websites, you do so at your own risk.  Links to other sites maintained by Inflexxion are subject to the terms of use of those sites.  

15. Applicable Law and Jurisdiction
The Website (excluding links) is controlled and operated from our facilities in and around Newton/, Massachusetts.  While we have made no effort to publish the Website elsewhere, because the Website is published on the World Wide Web it is accessible in all fifty states and other countries.  As each of these places has laws that may differ from those of Massachusetts, and as you and we benefit from establishing a predictable legal environment in which to publish, access and use the Website, by accessing or using the Website you agree that all matters arising from or relating to the use and operation of the Website will be governed by the laws of the Commonwealth of Massachusetts, without regard to any conflicts of laws principles.  You agree that all claims you may have arising from or relating to the operation or use of the Website will be heard and resolved exclusively in the United States District Court for the District of Massachusetts, or if such courts lack subject matter jurisdiction, the Superior Court for the Commonwealth of Massachusetts, Middlesex County.  You hereby consent to the personal jurisdiction of such courts over you, and waive and agree not to assert any objection to proceedings in such courts (including as to lack of proper jurisdiction or venue or inconvenience of forum).  If you choose to access the Website from a location other than Newton, Massachusetts, you will be solely responsible for compliance with all local laws of this other location.

16. Privacy and Protection of Personal Information

Inflexxion, Inc. respects the privacy of visitors to our websites.  See the Privacy Policy disclosures relating to the collection and use of your information.


17. Severability Clause
If any provision of these Terms of Use is held to be invalid or unenforceable, that provision, to the extent unenforceable, will be struck, and will not affect the validity or enforceability of the remaining provisions.  Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.  These Terms of Use set forth the entire agreement between you and us.


18. Contact Our Privacy Officer

If you have concerns about the application of the Terms of Use policy we have described above, you can contact us by email at privacy@inflexxion.com or by post to:

Privacy Officer
Inflexxion, Inc.
890 Winter Street, Suite 235
Waltham, MA 02451
 

 

 

OK