Proof Diagnostics

Website Terms of Use


These Terms of Use (the “Terms of Use”) between Proof Diagnostics, Inc. (hereinafter, “us” or “we” or “our”) and you set forth the terms and conditions which govern your use of our website (hereinafter, the “Site”).

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE ACCESSING OR USING THE SITE. BY ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS OF USE, YOU MAY NOT ACCESS OR USE THE SITE AND SHOULD IMMEDIATELY CEASE SUCH USE. WE MAY MODIFY THESE TERMS OF USE AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON NOTICE, WHICH MAY BE ACCOMPLISHED BY POSTING THE MODIFIED TERMS OF USE ON THE SITE OR VIA EMAIL. YOUR USE OF THE SITE FOLLOWING SUCH NOTICE SHALL BE DEEMED YOUR ACCEPTANCE OF SUCH CHANGES. YOU AGREE TO REVIEW THE TERMS OF USE PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE SITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED TERMS OF USE.

Content

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, selection, “look and feel” and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to us, and may be protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws. Except for the rights granted in these terms and conditions, no Content on this Site may be copied, distributed, displayed, modified, reproduced, performed, published, posted or reverse engineered in whole or in part in any way, stored or transmitted by any means, including, but not limited to, electronic, mechanical, scanning, photocopying or recording, without our prior written consent. Any unauthorized reproduction, retransmission or other use is strictly prohibited. The trademarks, service marks, trade names, trade dress and products (“items”) in the Site are protected in the United States and internationally. No use of any of these items may be made without the prior written authorization of us.

No Medical Advice

The Content of this Site is presented in summary form and is only for general informational purposes and is in no way intended to, or be relied upon to replace or constitute professional medical care or attention by a qualified healthcare provider. The Content about health provided by this Site is not intended to diagnose, treat, cure or prevent disease.

Disclaimers and Limits on Damage

THE INFORMATION AVAILABLE ON THIS SITE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND WHATSOEVER. TO THE FULLEST EXTENT PERMITTED BY LAW, PROOF DIAGNOSTICS, INC., ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THIS SITE AND YOUR USE THEREOF. WE DO NOT REPRESENT, WARRANT OR PROMISE THAT THE SITE OR ANY CONTENT, OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, OMISSIONS, MISTAKES OR INACCURACIES OF CONTENT, (II) INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THIS SITE, (III) BUGS, VIRUSES, WORMS, TROJAN HORSES, SPYWARE OR ANY OTHER MALWARE OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THIS SITE BY ANY THIRD PARTY, OR (IV) LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY INFORMATION POSTED, EMAILED, TRANSMITTED OR OTHERWISE MADE AVAILABLE BY OR THROUGH THIS SITE. YOU ASSUME COMPLETE RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL PROOF DIAGNOSTICS, INC, ITS OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER ARISING UNDER OR AS A RESULT OF THESE TERMS OF USE, THE USE OR INABILITY TO USE THIS SITE, OR THE CONTENTS OF THIS SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Indemnification

You agree to indemnify, defend and hold harmless Proof Diagnostics, Inc, its officers, directors, employees, agents, licensors, suppliers and any third-party information providers to the website from and against all losses, expenses, damages and costs, including reasonable attorney’s fees, resulting from any information you provide or from any violation of these Terms of Use by you.

Terms of Use Violations

We may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) our rights or property, or the rights or property of visitors to or users of the Site, including our customers. We reserve the right at all times to disclose any information that we deem necessary to comply with any applicable law, regulation, legal process or governmental request.

Links to Third-Party Sites

The links on the Site will let you leave the Site in order to access a linked site (the “Linked Sites”). We provide these links as a convenience, but we neither control nor endorse these Linked Sites, nor have we reviewed or approved the content which appears on the Linked Sites. We are not responsible for the legality, accuracy or inappropriate nature of any content, advertising, products or other materials on or available from any Linked Sites. You acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of any of the links, content, goods or services available on or through the Linked Sites. You acknowledge and agree that we may preserve any transmittal or communication by you with us through the Site, and may also disclose such data if required to do so by law or we determine that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms of Use, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of us, our employees, users of or visitors to the Site, and the public.

General

These Terms of Use constitute the entire agreement and understanding between you and us and governs your use of the Site, superseding any prior agreements between you and us. These Terms of Use and the relationship between you and us shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, without regard to its conflict of law provisions.