Terms and Conditions of Use
PLEASE READ CAREFULLY THESE TERMS AND CONDITIONS OF USE BEFORE USING THIS SITE.
By using this site, you signify your assent to these Terms and Conditions. If you do not agree to all of these Terms and Conditions of use, do not use this site. A Privacy and Security Statement is available on the site. You should read all terms, conditions, and statements.
LUMEDX Corporation ("LUMEDX") and its Web site properties ("LUMEDX.com", "the Site") reserve the right to revise and update these Terms and Conditions of Use at anytime. You should review these Terms and Conditions of Use periodically as your continued usage of this Site means you accept such changes.
THE SITE DOES NOT PROVIDE MEDICAL ADVICE
The contents of the Site, such as text, graphics, images, or information obtained from its licensors and other material ("Content") contained on the Site is for informational purposes only. The Content is not intended in any way to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health care provider with any questions you may have regarding a medical condition, guidelines, or treatment. Do not rely on content, guidelines, products, or any other service offered by or through LUMEDX or the Site for medical diagnosis or treatment. Never disregard professional medical advice or delay in seeking it because of something you have read on this Site.
If you are using this Site to communicate with your physician or health care provider, we are here to assist you with those communications only. All recommendations provided by your physician or health care provider are based entirely upon your physician's or health care provider's guidelines. If you have any questions about those recommendations, please contact your physician or health care provider. WE DO NOT PROVIDE INDEPENDENT MEDICAL ADVICE.
If you think you may have a medical emergency, call 911 or your physician or health care provider immediately. The Site does not recommend or endorse any specific tests, products, procedures, opinions, or other information that may be mentioned on the Site. Reliance on any information provided by the Site, it's employees, others appearing on the Site at the invitation of the Site, or other visitors to the Site is solely at your own risk.
The Site may contain health or medical related materials that you find physically or sexually explicit or otherwise offensive. The Site, its licensors, and its suppliers have no control over and accept no responsibility for such materials. You are solely responsible for compliance with the laws applicable to your country of residence.
The Site is intended and designed only for adult use. Individuals under age 18 should obtain the consent of their parents or legal guardian prior to using this Site with their supervision. You represent that you are of sufficient legal age to use the Site and to create binding legal obligations for any liability you may incur as a result of the use of the Site. You understand that you are financially responsible for all uses of the Site by you and those using your login information. Parents or guardians may use the Site on a minor's behalf and should supervise a minor's use of the Site.
LUMEDX reserves the right to delete, modify or supplement site content anytime for any reason without notifying anyone about such content changes.
LUMEDX will use reasonable efforts to provide up-to-date and accurate information on the Site, but makes no representations, warranties or assurances as to the accuracy, currency or completeness of the information provided.
LUMEDX reserves the right to change or discontinue at any time any aspect or feature of the Site. LUMEDX shall not be liable for any damages or injury resulting from your access to, or inability to access, the Internet site, or from your reliance on any information provided at the Internet site. LUMEDX reserves the right to discontinue any use that is abusive, illegal, disruptive, or that otherwise fails to conform with these Terms and Conditions of Use. Accordingly, LUMEDX reserves the right to terminate a Member's access to any or all membership areas upon a Member's breach of these Terms and Conditions of Use and will cooperate with local authorities, if necessary to further prevent any proscribed illegal use of this site.
Limitation of Liability and Disclaimer of Warranties
The use of the Site and the Content is at your own risk.
When using the Site, information will be transmitted over a medium that is beyond the control and jurisdiction of LUMEDX, the Site and its suppliers. Accordingly, LUMEDX assumes no liability for or relating to the delay, failure, interruption or corruption of any data or other information transmitted in connection with use of the Site.
The Site and the content are provided on an "as is" basis. LUMEDX, THE SITE, ITS LICENSORS, AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE, OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. Specifically, LUMEDX, the Site, its licensors, and its suppliers make no representations or warranties about the following:
- The accuracy, reliability, completeness, and timeliness of the Content, software, text, graphics, links, or communications provided on or through the use of the Site.
- The satisfaction of government regulations requiring disclosure of information on prescription drug products with regard to the Content contained on the Site.
LUMEDX assumes no liability for or relating to the delay, failure, performance, nonperformance interruption, infection or corruption of any data or other information transmitted in connection with use of this site. By using the Site you acknowledge that information will be transmitted over local exchange, inter-exchange and Internet backbone carrier lines and through routers, switches and other devices owned, maintained and serviced by third-party local exchange and long-distance carriers, utilities, Internet service providers and others, all of which are beyond the control and jurisdiction of LUMEDX and its suppliers.
In no event shall LUMEDX, the Site, its partners, licensors, suppliers or any third party providers or distributors be liable for any direct or indirect damages whatsoever (including, without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use or inability to use the Site or the Content whether based on warranty, contract, tort or any other legal theory, and whether or not the Site is advised of the possibility of such damages. Some jurisdictions do not allow the limitation or exclusion of liability for certain damages, including incidental or consequential damages. In such jurisdictions, the foregoing limitations may not apply to you insofar as they concern such damages.
You agree that you will not upload or transmit any communications or content of any type that infringe or violate any rights of any party. By submitting communications or content to any part of this Site, you agree that such submission is non-confidential for all purposes. If you make any such submission, you automatically grant -or warrant that the owner of such content has expressly granted the Site a royalty-free, perpetual, irrevocable, world-wide non-exclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or content in any media or medium, or any form, format, or forum now known or hereafter developed. The Site may sublicense its rights through multiple tiers of sublicenses.
Private (Secure) Areas
You are responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to any password or identifier necessary to access your health information. It is your sole responsibility to (1) control the dissemination and use of activation codes, passwords, and/or identifiers; (2) authorize, monitor, and control access to and use of your health information and password and identifiers; (3) promptly inform the Site of any need to deactivate a password or identifier. You grant the Site and all other persons or entities involved in the operation of the Site the right to transmit, monitor, retrieve, store and use your information in connection with the operation of the Site. The Site cannot and does not assume any responsibility or liability for any information you provide or your or third parties' use, misuse, loss, or alteration of information transmitted or received.
If you use a Public Area you are solely responsible for your own communications, the consequences of posting those communications and your reliance on any communications found in the Public Areas. The Site is not responsible for the consequences of any communications in the Public Areas. In cases where you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately. If you think you may have a medical emergency, call 911 or your physician or health care provider immediately. LUMEDX reserves the right to take any action it deems necessary to protect the personal safety of our members or the public. LUMEDX has no liability or responsibility to users of the Site or any other person or entity for performance or nonperformance of the aforementioned activities.
LUMEDX does not recommend or endorse any opinions, specific tests, products, or procedures that may be mentioned on the Site. LUMEDX assumes no liability or responsibility for damage or injury to persons or property arising from any use of any product, information, idea, or instruction contained in the materials provided to you. LUMEDX does not assume any liability for the contents of any material provided on the Site. Reliance on any information provided on this site is solely at your own risk.
This site may from time to time provide sponsorships, links, or references to other sites but the Site is not endorsing these sites, products, services, or their respective owners or their opinions. The Site has no responsibility for the content of such other sites and shall not be liable for any damages or injury arising from that content. The Site does not make any representations regarding their content or accuracy. Any links to other sites are provided as merely a convenience to the users of this Site. Your use of third-party Web sites is at your own risk and subject to the terms and conditions of use for such sites.
By your use of the site you agree to defend, indemnify and hold LUMEDX, the Site, its officers, directors, employees, agents, partners, licensors, and suppliers harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your use of the site, including all Content, Services, Interactive Areas, and Internet-based Software Applications, in a manner that violates or is alleged to violate these Terms and Conditions of Use.
United States Export Controls
The United States controls the export of products and information from U. S. companies abroad across the Internet. You are responsible for compliance with all federal and local laws regarding the import, export, or re-export of the Contents of this site (all forms of intellectual property, including Software).
Trademark and Intellectual Property Protection
The trademarks, service marks, trade names, trade dress, patents and copyrights featured on this site, including LUMEDX, Apollo, CardioPACS, and CardioECG are owned by LUMEDX in the United States and internationally. The trademarks, service marks, trade names, trade dress and products featured on this site are protected by laws in the United States and internationally.
All other brand or product names and marks references in this Site are the trademarks, or registered trademarks of their respective owners.
Copyright Policy and Use of Content
This site is the copyrighted property of LUMEDX and/or its various third party providers and distributors, and are protected by U.S. Copyright laws and other laws including international treaties. You may download content only for your personal use for noncommercial purposes, but no modification or further reproduction of the content is permitted. The content may otherwise not be copied, disseminated or used in any other way. If you violate any of these Terms and Conditions of Use, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Content.
No portion of this site, including but not limited to any LUMEDX channel, structure, text, graphics, designs, algorithms, object code, source code, creative concepts or results may be reverse-engineered, disassembled, decompiled, reproduced, transcribed, stored in a retrieval system, translated into any language or computer language, retransmitted in any form or by any means (electronic, mechanical, photo reproduction, recordation or otherwise), resold or redistributed without the prior written consent of LUMEDX except to identify the products or services of the company or to reproduce limited excerpts of the data for personal use only, provided that each such copy contains the following copyright notice: Copyright© 2001 LUMEDX Corporation. All rights reserved.
You expressly agree that any dispute with LUMEDX relating to your use of this site, will be resolved in the courts of the State of California. You agree further and expressly consent to the exercise of personal jurisdiction in the courts of the State of California in connection with any such dispute including any claim involving LUMEDX or its affiliates, employees, contractors, officers, directors, telecommunication providers, and content providers. These Terms and Condition of Use are governed by the substantive laws of the State of California, without respect to its conflict of laws principles. If any provision of these Terms and Conditions of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions of Use, which shall remain in full force and effect. No waiver of any of these Terms and Conditions of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
The relationship between LUMEDX and you will be that of independent contractors, and neither of us nor any of our respective officers, agents or employees will be held or construed to be partners, joint ventures, fiduciaries, employees or agents of the other.
You may not assign, convey, subcontract or delegate your rights, duties or obligations hereunder.
These terms and conditions shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.
The heading used in these Terms and Conditions of Use are included for convenience only and will not limit or otherwise affect these Terms and Conditions of Use.
General LUMEDX is based in Oakland, California in the United States of America. LUMEDX makes no claims that the Content is appropriate or may be downloaded outside of the United States. Access to the Content may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. The following provisions survive the expiration or termination of these Terms and Conditions of Use for any reason whatsoever: Liability, User Submissions, Indemnity, Jurisdiction, and Entire Agreement.
THIS CONSTITUTES THE ENTIRE AGREEMENT BETWEEN YOU AND LUMEDX WITH RESPECT TO THE USE OF THIS SITE, CONTENT, APLICATIONS, AND INTERACTIVE AREAS CONTAINED HEREIN.
Contacting the Web Site
Questions or comments regarding this Web site should be directed to:
555 12th Street, Suite 2060
Oakland, CA 94607
Copyright 2000-2012 LUMEDX Corporation