Terms of Use
TERMS OF USE (Last updated 08.06.2023)
Our website, located at (the “Site“) is provided by Nemdx Inc (“Nemdx”, “we,” “our,” or “us“) to the person accessing the Site (“you,” “your,” or “user”).
Acceptance of Agreement.
Your access to and use of the Site is subject to the following terms and conditions (these “Terms”) and all applicable laws. By accessing and browsing the Site, you accept and agree to, without limitation or qualification, these Terms and acknowledge that any other agreements between you and Nemdx are superseded and of no force or effect with respect to your access and use of the Site. Any reference in these Terms to Nemdx refers, collectively, to Nemdx Corporation and all of its current and future affiliates.
These Terms include our Privacy Policy, which is hereby incorporated by reference (“Privacy Policy“). Please read the Privacy Policy, as it explains how we handle any personal information we receive from you. By accessing this Site you hereby agree to the Privacy Policy, and acknowledge that any information you transmit to us (via the Site or otherwise), including questions, comments, or feedback, will be treated as non-confidential and non-proprietary to you.
1. Use of the Site. Nemdx maintains the Site for your personal information, education, and communication. Please feel free to browse the Site. You may download material displayed on the Site for non-commercial, personal use only, provided you maintain all copyright and other proprietary notices contained on the materials. You may not, however, distribute, modify, transmit, reuse, repost or use the content of the Site for public or commercial purposes, including the text and images, without Nemdx’ written permission. You understand that Nemdx makes no representation that the information in the Site is appropriate or available for use in locations outside of the United States, and access to the Site from territories where the content of the Site may be illegal or inappropriate is prohibited. Those who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws.
2. No Medical Advice. The Site does not provide medical advice. Nemdx is not engaged in rendering medical or similar professional services or advice, and the information provided on the Site is not intended to replace medical advice offered by a health care provider. If you desire or need such services or advice, you should promptly consult a physician or professional health care provider.
3. User Submitted Content. Any “personally identifiable information” in electronic communications to the Site is governed by the Site’s Privacy Policy. On the other hand, any communication or material you transmit to the Site by electronic mail or otherwise, including any data, questions, comments, suggestions or the like is, and will be treated as, non-confidential and non-proprietary. You understand that anything you transmit or post may be used by Nemdx for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast, and posting. Furthermore, Nemdx is free to use any ideas, concepts, know-how, processes, or techniques contained in any communication you send to the Site for any purpose whatsoever including, but not limited to, developing, manufacturing, marketing, and selling products and service using such ideas, concepts, know-how, processes, or techniques.
Harassment in any manner or form on the Site, including via e-mail, chat, or by use of obscene or abusive language, or posting any obscene or abusive images or text, is strictly forbidden. Impersonation of others, including a Nemdx employee, host, or representative, or other users on the Site, is prohibited. You may not upload to, distribute, or otherwise publish through the Site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law.
4. Notice; Electronic Communications. When you use the Site or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
5. Disclaimer. THE SITE AND ITS RESPECTIVE CONTENT, MATERIALS, SERVICE AND PRODUCTS ARE PROVIDED “AS IS.” TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, NEMDX HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
Nemdx does not represent or warrant that access to the Site will be uninterrupted or error-free, that defects will be corrected, or that the Site or the server that makes the Site available are free of viruses or other harmful components. Nemdx does not make any warranties or representations regarding the use of the materials provided via the Site. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
6. Indemnification. You agree to indemnify, defend, and hold harmless Nemdx, its officers, directors, employees, agents, licensors and suppliers from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the Site using your account and/or credentials.
7. Limitations of Liability. YOUR USE OF THE SITE IS AT YOUR OWN RISK. NEITHER NEMDX, NOR ANY OF ITS AFFILIATES, OFFICERS OR DIRECTORS, NOR ANY OF ITS AGENTS OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE AND/OR THE SERVICE, OR THE RELATED CONTENT, ARE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE OR THE SERVICE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
8. Third-Party Links. We may link to third party sites to provide complimentary services or information. These sites may have separate privacy and data collection practices, independent of Nemdx. These linked sites are provided for your convenience, and you access them at your own risk. We are not responsible for the activities and practices that take place on these sites. Accordingly, we recommend that you review the privacy policy posted on any external site before disclosing any personal information. Please contact those sites directly if you have any questions about their privacy policies. Nemdx does not endorse the content, or any products or services available on such sites.
9. Trademarks and Copyright. The following trademarks are our property: Nemdx™. These marks may not be used without our consent on any product or service, except our own. Copyright © 2023, Nemdx Inc ALL RIGHTS RESERVED.
All content included on the Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Nemdx or its content suppliers and protected by United States and international copyright laws. All software used on the Site is the property of Nemdx or its software suppliers and protected by United States and international copyright laws. You agree not to change or delete any proprietary notices from materials printed or downloaded from the Site.
10. Governing Law and Jurisdiction. These Terms, and your use of the Site, are governed by the laws of the Commonwealth of Massachusetts, without regard to its choice of law provisions. The courts of general jurisdiction located within Boston, Massachusetts, will have exclusive jurisdiction over any and all disputes arising out of, or relating to these Terms or the Site.
11. Assignment. You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms without such consent will be null and of no effect. Nemdx may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
12. Entire Agreement. These Terms constitute the entire and exclusive understanding and agreement between Nemdx and you regarding the Site and these Terms supersede and replace any and all prior oral or written understandings or agreements between Nemdx and you regarding the Site.
13. Questions and Feedback. We welcome your questions, comments, and concerns about the Site. Please send us any and all feedback pertaining to the Site to [email protected]