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Privacy Policy

VisualDx Privacy Policy - Version August 23, 2018

 

Logical Images, Inc. d/b/a VisualDx (“VisualDx”, “we”, “us”, or “our”) has created this VisualDx Privacy Policy (this “Privacy Policy”) in order to inform you (“you”, “your”, or “yourself”) as (a) a user of one or more of VisualDx’s websites (including, without limitation, the websites located at www.visualdx.com, www.askaysa.com, and www.skinsight.com) (collectively, the “Sites”) or (b) a purchaser, licenser, and/or user of one or more products and/or services offered by VisualDx (including, without limitation, the web-based software hosted by VisualDx known as “VisualDx”, “Aysa”, and “VisualDx Vault”) (collectively, the “Software”) of the circumstances under which we collect information and data from or about you. This Privacy Policy also serves to inform you about the circumstances under which we will release information about you to third parties. Please read this Privacy Policy carefully in order to ensure that you understand, agree to, and accept it in its entirety. This Privacy Policy may change from time to time, so please check back periodically to review it. By using or accessing the Sites or the Software or purchasing, licensing, or using any products or services offered by VisualDx, you acknowledge that you understand, agree to, and accept, without limitation or qualification, all of the following terms and conditions of this Privacy Policy without modification:

 

1. Types of Information Collected.

 

(a) Traffic Data Collected. VisualDx automatically gathers general statistical information about visitors to the Sites and users of the Software. Accordingly, VisualDx may automatically track and collect certain technical information from you when you visit the Sites or use the Software. This may include: (i) your IP address; (ii) your domain server; (iii) your type of computer; (iv) your type of browser; (v) the pages you viewed; and (vi) the products and services you purchased or licensed (collectively “Traffic Data”). Traffic Data is anonymous information which does not personally identify you, but which may be used for improving your experience on the Sites or using the Software. Traffic Data may be provided to third parties. VisualDx may also use “cookies” for specific purposes such as customizing content specific to your interests, or storing your password so that you do not have to re-enter it each time you visit the Sites or use the Software. A cookie is a small amount of data that is sent to your browser from a web server and stored on your computer’s hard drive. Preference and options configurations in your browser determine if, and how, a cookie will be accepted. You can change those configurations on your computer if you desire. By changing your preferences, you can accept all cookies, you can be notified when a cookie is set, or you can reject all cookies. If you do so and cookies are disabled, you may be required to re-enter your information more often and certain features of the Sites and the Software may be unavailable.

 

(b) Personal Information Collected. In order for you to access certain areas of the Sites, to use the Software, to have a VisualDx account, to receive certain services, or to purchase, license, or use products or services that VisualDx offers via the Sites, VisualDx may require you to provide us with information that personally identifies you (“Personal Information”). Personal Information may include, without limitation: (i) contact data such as your name, mailing address, email address, and telephone number (“Contact Data”); (ii) financial data such as your account or credit card number (“Financial Data”); and (iii) demographic data such as your zip code (“Demographic Data”).

 

2. Use of Information Collected. VisualDx uses Traffic Data to improve our marketing and promotional efforts, to analyze usage of the Sites and the Software, to improve our content and product and service offerings, and to customize the Sites’ and the Software’s content, layout, and services. We may also use Traffic Data to help diagnose problems with our server, to manage the Sites and the Software, and to enhance the Sites and the Software based on the usage pattern data we receive. VisualDx uses Contact Data to send you our newsletter, online surveys, information about VisualDx and its products and services, and promotional material from some of our partners. We may also use your Personal Information to deliver information to you that, in some cases, is targeted to your interests, such as new products, services, and promotions. We may also ask you to voluntarily provide us with additional information regarding your personal or business interests, experience, or requests which we may use to customize our services for you. VisualDx may also use your Contact Data to contact you (via email, mail, telephone, or otherwise) when necessary or to advise you about VisualDx, our partners, events, your VisualDx account, new product and service offerings, and communications relevant to your use of the Sites and the Software. VisualDx will use your Contact Data and your Financial Data to bill you for products and services that have been purchased or licensed by you. VisualDx may use your Demographic Data to customize and tailor your experience on the Sites and using the Software, displaying content that VisualDx thinks you might be interested in and according to your preferences. If you communicate with us by telephone, fax, mail, email, or otherwise communicate with us in any manner for any reason, or otherwise submit or post information or messages on the Sites, or purchase, license, or use products or services offered by us, any Personal Information provided in such communications or related to such licenses, purchases, or use may be collected by us as Personal Information and you expressly consent to the use of your Personal Information in accordance with the terms of this Privacy Policy.

 

3. Disclosure of Information to Third Parties. VisualDx respects your privacy and is committed to protecting it as set forth in this Privacy Policy. Except as otherwise provided in this Privacy Policy or any VisualDx EULA (as defined below), VisualDx will keep your Personal Information private and will not disclose it to third parties without your prior consent, unless we believe in good faith that such disclosure is reasonably necessary or appropriate: (a) to comply with a court order or other legal process; (b) in connection with any legal proceeding or prospective legal proceeding; (c) in order to establish, exercise, protect, or enforce the rights of VisualDx or others (including, without limitation, for purposes of fraud prevention); (d) to enforce VisualDx’s Website Terms of Use (as defined below) or the VisualDx EULAs; or (e) to protect against imminent harm to the property or safety of VisualDx, our customers, or the public. Notwithstanding anything in this Privacy Policy to the contrary, we may share Traffic Data and Demographic Data with advertisers and other third parties and may share your Contact Data and Financial Data with third parties for the purpose of executing financial transactions between you and VisualDx that have been authorized by you. Any Traffic Data and Demographic Data we share with advertisers and other third parties is not linked to any Personal Information and cannot identify any individual person. Furthermore, notwithstanding anything in this Privacy Policy to the contrary: (a) we may share your Personal Information (including, without limitation, your Contact Data and Financial Data) with our employees or third parties who have a need to know your Personal Information (including, without limitation, your Contact Data and Financial Data) in connection with providing you with the products and services purchased, licensed, or used by you from us, provided that such employees or third parties have agreed to comply with the restrictions on use and disclosure contained in this Privacy Policy with respect to such Personal Information; and (b) in the event that VisualDx sells or is contemplating selling all or a portion of its business or assets in any manner whatsoever, VisualDx reserves the right to disclose and/or transfer your Personal Information (including, without limitation, your Contact Data and Financial Data) to the purchaser or prospective purchaser in connection with such acquisition, provided that such purchaser or prospective purchaser has agreed to comply with the restrictions on use and disclosure contained in this Privacy Policy with respect to such Personal Information.

 

4. Security of Personal Information. VisualDx employs reasonable and current technical and organizational security methods to prevent unauthorized access, maintain data accuracy, and ensure correct use of Personal Information. Your Personal Information is stored on secure servers that are kept in a physically secure environment. In addition, we will provide you with the capability to transmit your Personal Information online via secured and encrypted channels if you use a similarly equipped web browser. Furthermore, access to your Personal Information in our offices is restricted. Only employees or third parties who have a need to know your Personal Information in connection with providing you with the products and services purchased, licensed, or used by you from us are granted access to your Personal Information, provided that such employees or third parties have agreed to comply with the restrictions on use and disclosure contained in this Privacy Policy with respect to such Personal Information. Your VisualDx account is password protected. We recommend that you do not divulge your password to anyone. Our personnel will never ask you for your password in an unsolicited phone call or in an unsolicited email. Remember to sign out of your account and to close your browser window when you have finished your session. This is to help ensure that others cannot access your Personal Information and correspondence if you share a computer with someone else or are using a computer in a public place where others may have access to it. Despite our commitment to protecting the privacy of your Personal Information, no data transmission over the Internet, wireless network, or otherwise can be guaranteed to be perfectly secure. As a result, we cannot guaranty the security of any Personal Information you transmit to us and you do so at your own risk.

 

5. Deletion/Disposal of Personal Information. We may delete or otherwise dispose of any or all of your Personal Information, whether stored electronically or in paper form, at any time without notice. In the event that we do so, we will delete or dispose of your Personal Information in a manner that employs reasonable and current technical and organizational security methods to prevent any unauthorized access to your Personal Information.

 

6. User Choice Regarding Collection of Personal Information. You may choose not to provide us with any Personal Information. However, you will not be able to access and use those portions of the Sites and Software that require your Personal Information. If you do not wish to receive information and promotional materials from us, you may select the appropriate “opt-out” option each time we ask you for Personal Information or by contacting us electronically using the contact tab at the Sites to “opt-out” at any time.

 

7. User Ability to Access, Update, and Correct Personal Information. In order to ensure that all of your Personal Information is correct and up-to-date, at any time you may visit your personal profile by accessing your account at the Sites. Through your personal profile you may review and update your Personal Information that we have already collected.

 

8. Data Collection from Children. VisualDx does not knowingly collect any information from children under 18 years of age, as the Sites and Software are not directed to persons under such age. If a parent or guardian becomes aware that his or her child under 18 years of age has provided us with Personal Information, he or she should contact us electronically using the contact tab at www.VisualDx.com. If we become aware that a child under 18 years of age has provided us with Personal Information, we will delete or dispose of such Personal Information in a manner that employs reasonable and current technical and organizational security methods to prevent any unauthorized access to such Personal Information.

 

9. Other Limits to Your Privacy. VisualDx may also make chat rooms, blogs, forums, message boards, news groups, listservs, email lists, and the like available to you. Please understand that any information that is disclosed in these areas becomes public information and VisualDx has no control over its use or privacy.

 

10. Changes to Privacy Policy. VisualDx reserves the right, at any time and without notice, to change, modify, add to, or delete portions of this Privacy Policy, simply by posting such change to this Privacy Policy on the Sites. Any such change will be effective immediately upon posting on the Sites. It is your responsibility to regularly check the Sites to determine if there have been changes to this Privacy Policy and to review such changes. If we make any changes to this Privacy Policy, we will indicate at the top of this Privacy Policy the date this Privacy Policy was last revised. Your continued use of the Sites or Software or your purchase, license, or continued use of any products or services offered by VisualDx after any such changes constitutes your acceptance of the new Privacy Policy. If you do not agree to and accept, without limitation or qualification, all of the terms and conditions of this Privacy Policy or any future Privacy Policy without modification, do not use or access (or continue to use or access) the Sites or Software or purchase, license, or use (or continue to purchase, license, or use) any products or services offered by VisualDx.

 

11. Questions; Contact Information. If you have any questions or concerns about this Privacy Policy, the practices of the Site, the Software, or your dealings with the Site or Software, please contact us electronically using the contact tab at www.VisualDx.com.

 

12. Website Terms of Use; VisualDx EULA; Other Agreements. Please also make sure to read the Website Terms of Use for each of the Sites you visit (including, without limitation, the ones found at www.visualdx.com, www.askaysa.com, and www.skinsight.com) (collectively, the “Website Terms of Use”), the End User License Agreements provided by VisualDx that govern your purchase, license, and/or use of the Software (collectively, the “VisualDx EULAs”), and any other agreements or terms and conditions provided by VisualDx to govern your purchase, license, and/or use of any other products or services offered by VisualDx (the “Other Agreements”). This Privacy Policy is subject to all of the terms and conditions set forth in the Website Terms of Use, VisualDx EULAs, and Other Agreements applicable to you, and does not replace or limit them in anyway. In the event of any conflict between this Privacy Policy and the Website Terms of Use, VisualDx EULAs, or Other Agreements applicable to you, the Website Terms of Use, VisualDx EULAs, or Other Agreements applicable to you will control.

Acceptable Use Policy Notice

Acceptable Use Policy, Medical Disclaimer, & Copyright Notice - Version December 1, 2017

Logical Images, Inc. d/b/a VisualDx (hereinafter "VisualDx", "we", "us", or "our") has created this Acceptable Use Policy, Medical Disclaimer, & Copyright Notice (this "Notice") to inform you (hereinafter "you", "your", or "yourself") as a purchaser of a license for and/or user of the software hosted by VisualDx known as VisualDx (the "Software") of certain important terms and conditions set forth in the VisualDx End User License Agreement that governs your license for and/or use of the Software (the "EULA"). This Notice is subject to all of the terms and conditions set forth in the EULA and does not replace or limit it in anyway. You should read the EULA in detail prior to purchasing a license for or using the Software to make sure you understand and agree to its terms and conditions. Nothing in this Notice will (a) expand your rights or VisualDx's obligations under the EULA or (b) modify or otherwise affect any terms and conditions of the EULA or the rights of the parties under the EULA. In the event of any conflict between this Notice and the EULA, the EULA will control. VisualDx reserves the right, at any time and without notice, to change, modify, add to, or delete portions of this Notice, simply by making such change to this Notice in the application in which it appears. By purchasing a license for or using the Software, you acknowledge that you have received this Notice and understand, agree to, and accept, without limitation or qualification, this Notice and the contents hereof.

Acceptable Use Policy:

As used in this Notice, "VisualDx Content" means the content of the Software, Software add-ons, and any accompanying documentation made available to you by VisualDx related thereto (including, without limitation, all images, illustrations, text, data, databases, data structures and relationships, designs, documentation, materials, and other content that are contained in or are otherwise part of or make up the Software).

Use of VisualDx Content During a Free Trial or for Individual Subscribers:

If you are using or accessing the Software during a free trial period or as an Individual Subscriber, you may not use VisualDx Content in any way other than viewing it within the Software. VisualDx Content may not be copied, downloaded, reproduced, repurposed, distributed, sold, or otherwise commercially exploited, made available to any other individual or entity, or put to public use in any way (including, without limitation, for use in performing vision science or machine learning or to train or test deep learning or artificial intelligence algorithms in any way), all of which are strictly prohibited by VisualDx unless express written permission is granted by VisualDx. Written permission can be requested on the VisualDx website or by emailing images@visualdx.com.

Use of VisualDx Content for Institutional Subscribers:

If you are using or accessing the Software as an Institutional Subscriber, you may copy or link to VisualDx Content for your clinical or educational use including consulting with individual colleagues, for patient education, and lectures or other teaching material presented within your institution. Use of VisualDx Content is restricted to current VisualDx subscribers and the rights to use defined in this policy. These rights to use expire when the institutional Software license is terminated.

Educational material containing VisualDx Content, including course lectures and handouts, may be added to centralized, institutional learning management systems so long as that institution maintains an active license for the Software. VisualDx Content must remain within the context of access-controlled, specific course material within your institution. When using an image from the Software, the VisualDx copyright watermark notice must remain intact and must include the source reference: Image source: VisualDx (www.visualdx.com).

Prohibited Uses:

Unless express written permission is granted by VisualDx, VisualDx Content may not be used in any publication (print or electronic), posted on websites, publicly available intranet domains, public bulletin boards, social media or chat rooms. VisualDx Content may not be added to centralized image repositories or learning management systems outside the context of specific course materials per the guidelines above. Under no circumstances may the Software or VisualDx Content be used in performing vision science or machine learning or to train or test deep learning or artificial intelligence algorithms in any way, all of which are strictly prohibited by VisualDx. Written permission for use can be requested on the VisualDx website or by emailing images@visualdx.com.

Medical Disclaimer:

The Software does not provide medical advice or diagnose a person's health condition. In addition, it is not intended to replace or be a substitute for professional medical advice, judgment, diagnosis, or treatment. The Software is a clinical reference tool that provides initial comparative information for informational purposes only and is intended to be an adjunct to traditional medical information sources. The practice of medicine is a complex process that involves the synthesis of information from a multiplicity of sources. The information provided by the Software delivers information similar to that of a textbook and is but one of the sources that may be used in establishing a diagnosis for a patient. The Software and any information provided thereby should never be solely relied upon as a verified diagnosis of a person's health condition. VisualDx accepts no responsibility for the correctness of any diagnosis made by any person or entity based in whole or in part upon the Software, the use thereof, or any information provided thereby. The use of the Software and reliance on any information provided thereby is solely at one's own risk. If a non-healthcare provider is using the Software for his or her own personal use, such person should never disregard professional medical advice or delay in seeking it based on the Software, the use thereof, or any information provided thereby. Such person should promptly contact his or her own health care provider regarding any medical conditions or medical questions that person may have.

Copyright Notice:

Copyright © 2017 VisualDx®. All rights reserved.

U.S. Pat. 8,538,770.

The Software and VisualDx Content are protected by copyright and other intellectual property laws of the United States and/or other countries. It is VisualDx's policy, in appropriate circumstances and at its discretion, to disable and/or terminate the accounts and licenses of users of the Software who infringe upon our copyright and the copyright of our image contributors.

Website Terms of Use

VisualDx Website Terms of Use - Version December 1, 2017

Logical Images, Inc. d/b/a VisualDx ("VisualDx", "we", "us", or "our") has created these VisualDx Website Terms of Use (these "Terms of Use"). These Terms of Use apply to the VisualDx website located at www.visualdx.com, and all associated websites linked to www.visualdx.com by VisualDx, its subsidiaries and affiliates, including VisualDx sites around the world (collectively, the "Site"). The Site is the property of VisualDx and its licensors. The purpose of these Terms of Use is to inform you ("you", "your", or "yourself") as a user of the Site of the terms and conditions that govern your use of the Site. Subject to the terms and conditions of these Terms of Use and as long as you comply with these Terms of Use, VisualDx grants you a personal, non-exclusive, non-transferable, limited privilege to access and use the Site.

PLEASE READ THESE TERMS OF USE CAREFULLY IN ORDER TO ENSURE THAT YOU UNDERSTAND, AGREE TO, AND ACCEPT IT IN ITS ENTIRETY AS THESE TERMS OF USE CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS AND VARIOUS LIMITATIONS AND EXCLUSIONS RELATED THERETO. By using the Site, you acknowledge that you understand, agree to, and accept, without limitation or qualification, all of the following terms and conditions of these Terms of Use without modification:

 

1. Content; Products and Services; Intellectual Property. All text, graphics, user interfaces, visual interfaces, information, documents, materials, photographs, trademarks, logos, sounds, music, artwork, and computer code contained on or derived from the Site, including, without limitation, the design, structure, selection, coordination, expression, "look and feel", and arrangement thereof (collectively, the "Content"), (including, without limitation, all associated copyright, patent, trademark, trade secret, and other intellectual property rights and all moral rights related thereto) are owned or licensed by VisualDx and are protected by copyright, patent, trademark, trade secret, and trade dress laws, and various other intellectual property rights and unfair competition laws. In addition, the software hosted by VisualDx known as VisualDx (the "VisualDx Software") and any other products and services offered by VisualDx on or through the Site (the VisualDx Software and such other products and services are collectively referred to in this Agreement as the "Products and Services" even though the term "VisualDx Software" is sometimes used separately in this Agreement for purposes of emphasis) (including, without limitation, all associated copyright, patent, trademark, trade secret, and other intellectual property rights and all moral rights related thereto) are owned or licensed by VisualDx, and are protected by copyright, patent, trademark, trade secret, and trade dress laws, and various other intellectual property rights and unfair competition laws. Nothing on the Site or your use of the Site, the Content, or the Products and Services will be construed as conferring any license or other rights in or to the intellectual property or other proprietary rights of VisualDx, its affiliates, or any third party, whether by estoppel, implication, or otherwise. Except as expressly provided in these Terms of Use, you may not sell, resell, license, sublicense, copy, download, reproduce, republish, repurpose, modify, upload, post, publicly display, encode, translate, transmit, distribute, transfer (including, without limitation, "mirroring"), or otherwise commercially exploit or put to public use the Site, the Content, or the Products and Services, in whole or in part, in any way (including, without limitation, for use in performing vision science or machine learning or to train or test deep learning or artificial intelligence algorithms in any way), all of which are strictly prohibited by VisualDx without VisualDx's prior written consent. You will not remove, modify, or obscure any copyright, patent, trademark, or other intellectual property notice included in or on the Site, the Content, or the Products and Services. You may use information on the Products and Services (such as data sheets, knowledge base articles, and similar materials) purposely made available by VisualDx for downloading from the Site, provided that you (a) not remove any proprietary notice language in all copies of such documents, (b) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (c) make no modifications to any such information, and (d) not make any additional representations or warranties relating to such documents. VisualDx hereby reserves all rights not expressly granted to you under these Terms of Use.

 

2. Name, Logo, and Trademarks. The trademarks, logos, and service marks (collectively, the "Trademarks") displayed on the Site, the Content, and the Products and Services are registered and unregistered Trademarks of VisualDx and others. Nothing contained on the Site or in these Terms of Use should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site, the Content, or the Products and Services without the prior written consent of VisualDx or such third party that may own the Trademarks displayed. Your use of the Trademarks displayed on the Site, the Content, and the Products and Services, except as provided in these Terms of Use, is strictly prohibited. Furthermore, the names and Trademarks of VisualDx may not be used in any publicity or advertising, or in any way that expresses or implies endorsement, sponsorship, or affiliation with any entity, product, or service, without VisualDx's prior written consent.

 

3. Your Use of Site. You may not use any "deep-link", "page-scrape", "robot", "spider", or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the Site, any Content, or any Products and Services, or in any way reproduce or circumvent the navigational structure or presentation of the Site, any Content, or any Products and Services, to obtain or attempt to obtain any materials, documents, or information through any means not purposely made available through the Site. VisualDx reserves the right to bar any such activity. You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any VisualDx server, or to any Content or Products and Services, by hacking, password "mining", or any other illegitimate means. You may not probe, scan, or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace, or seek to trace any information on any other user of or visitor to the Site, or any other customer of VisualDx, including, without limitation, any VisualDx account not owned by you, to its source, or exploit the Site or any product, service, or information made available or offered by VisualDx on or through the Site, in any way where the purpose is to reveal any information, including, without limitation, personal identification or information, other than your own information, as provided for by the Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or VisualDx's systems or networks, or any systems or networks connected to the Site or to VisualDx. You agree not to use any device, software, or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person's use or enjoyment of the Site. You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to VisualDx on or through the Site or any Products and Services. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity. You may not use the Site, any Content, or Products and Services for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of VisualDx or others. VisualDx reserves the right to take whatever action or actions it deems necessary or appropriate to enforce these Terms of Use or to establish, exercise, protect, or enforce any of its rights arising hereunder or otherwise.

 

4. Other Restrictions; Void Where Prohibited. You may not: (a) use the Site, the Content, or the Products and Services for other than their intended purposes; (b) use the Site, the Content, or the Products and Services for any marketing, selling, or other commercial uses; (c) use framing techniques to enclose any portion of the Site, any Content, or any Products and Services, including, without limitation, any images found on the Site or any text or the layout or design of any page or form contained on a page of the Site; (d) make any derivative uses of the Site, the Content, or the Products and Services; or (e) engage in any systematic collection or extraction of data from the Site, the Content, or the Products and Services, whether or not through the use of any data mining, robots, or similar data gathering or extraction methods. You may not modify, adapt, hack, reverse engineer, decompile, or disassemble the Site, the Content, or the Products and Services or their source code or object or executable code, or any part thereof, or cause or permit any third party to do so. None of the Content, the Products and Services, or underlying information or technology thereof may be downloaded, exported, or re-exported into any country to which the United States ("U.S.") has embargoed goods, or to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders, or located in or under the control of, any country subject to such export controls. Although the Site is accessible worldwide, not all features of the Site, Content, or Products and Services discussed, referenced, provided, or offered on or through the Site are available to all persons or entities or in all geographic locations, or appropriate or available for use outside the United States. VisualDx reserves the right to limit, in its sole discretion, the provision and quantity of any feature or Product and Service to any person, entity, or geographic area. Any offer for any feature or Product and Service made on the Site is void where prohibited. If you choose to access the Site from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.

 

5. Other Terms and Conditions; Products and Services. Additional terms and conditions may apply to specific portions or features of the Site (including, without limitation, contests, promotions, or other similar features), all of which terms and conditions are made a part of these Terms of Use by this reference. You agree to abide by such other terms and conditions (including, without limitation, where applicable representing that you are of sufficient legal age to use or participate in such portion or feature). If there is a conflict between these Terms of Use and the terms and conditions posted for or applicable to a specific portion or feature of the Site, the latter terms and conditions will control with respect to your use of that portion or feature of the Site. In addition, the VisualDx Software and the other Products and Services are governed by the VisualDx End User License Agreement (the "VisualDx EULA") and/or such other agreements or terms and conditions (the "Other Agreements") provided by VisualDx to govern your purchase, license, and/or use of the VisualDx Software and such other Products and Services. These Terms of Use are subject to all of the terms and conditions set forth in the VisualDx EULA and Other Agreements, and do not alter, replace, or limit them in anyway. In the event of any conflict between these Terms of Use and the VisualDx EULA or Other Agreements, the VisualDx EULA or Other Agreements will control. By purchasing, licensing, and/or using the VisualDx Software or any other Products and Services, you acknowledge that you understand, agree to, and accept, without limitation or qualification, the VisualDx EULA or the Other Agreements pertaining to your purchase, license, or use of the VisualDx Software or any such other Products and Services without modification. VisualDx may make changes to the VisualDx Software or any other Products and Services, or to the applicable prices for the VisualDx Software or any other Products and Services, at any time, without notice. The materials on the Site with respect to the VisualDx Software or any other Products and Services may be out of date, and VisualDx makes no commitment to update the materials on the Site with respect to the VisualDx Software or such other Products and Services.

 

6. Accounts, Passwords, and Security. The Products and Services, the Content, and certain features of the Site may require you to open an account (including, without limitation, setting up a VisualDx username and password). You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including, without limitation, your password, and for any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential. You agree to notify VisualDx immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by VisualDx or any other user of or visitor to the Site due to someone else using your VisualDx username, password, or account as a result of your failing to keep your account information secure and confidential. You may not use anyone else's VisualDx username, password, or account at any time. VisualDx cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.

 

7. Your Representations. You represent that you are at least 18 years of age and have attained the age of majority in the state in which you reside, and any information or data that you submit to us in connection with your use of the Site, the Content, or the Products and Services is true, correct, and accurate in all respects. In the event that any such information or data changes, you will promptly contact us to advise us of the change and provide us with the updated information or data.

 

8. Links. While the Site, the Content, or the Products and Services may include links providing direct access to independent third-party websites not owned, operated, or controlled by VisualDx, VisualDx makes no representations or warranties whatsoever and takes no responsibility for the content or information contained on these websites or the products or services offered on or through these websites. Furthermore, VisualDx does not exert any editorial or other control over these websites. All such links provided on or in the Site, the Content, or the Products and Services are intended solely for the convenience of users of the Site, the Content, and the Products and Services and do not represent any endorsement, advertisement, or sponsorship of these websites or any products or services offered on or through such websites. Your linking to any of these websites is at your own risk.

 

 

9. Medical Disclaimer. THE SITE, THE CONTENT, AND THE PRODUCTS AND SERVICES DO NOT PROVIDE MEDICAL ADVICE OR DIAGNOSE A PERSON'S HEALTH CONDITION. IN ADDITION, THEY ARE NOT INTENDED TO REPLACE OR BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, JUDGMENT, DIAGNOSIS, OR TREATMENT. THE SITE, THE CONTENT, AND THE PRODUCTS AND SERVICES ARE CLINICAL REFERENCE TOOLS THAT PROVIDE INITIAL COMPARATIVE INFORMATION FOR INFORMATIONAL PURPOSES ONLY AND ARE INTENDED TO BE ADJUNCTS TO TRADITIONAL MEDICAL INFORMATION SOURCES. THE PRACTICE OF MEDICINE IS A COMPLEX PROCESS THAT INVOLVES THE SYNTHESIS OF INFORMATION FROM A MULTIPLICITY OF SOURCES. THE INFORMATION PROVIDED BY THE SITE, THE CONTENT, AND THE PRODUCTS AND SERVICES DELIVER INFORMATION SIMILAR TO THAT OF A TEXTBOOK AND ARE BUT ONE OF THE SOURCES THAT MAY BE USED IN ESTABLISHING A DIAGNOSIS FOR A PATIENT. THE SITE, THE CONTENT, THE PRODUCTS AND SERVICES, AND ANY INFORMATION PROVIDED THEREBY SHOULD NEVER BE SOLELY RELIED UPON AS A VERIFIED DIAGNOSIS OF A PERSON'S HEALTH CONDITION. VISUALDX ACCEPTS NO RESPONSIBILITY FOR THE CORRECTNESS OF ANY DIAGNOSIS MADE BY ANY PERSON OR ENTITY BASED IN WHOLE OR IN PART UPON THE SITE, THE CONTENT, OR THE PRODUCTS AND SERVICES, THE USE THEREOF, OR ANY INFORMATION PROVIDED THEREBY. THE USE OF THE SITE, THE CONTENT, AND THE PRODUCTS AND SERVICES AND RELIANCE ON ANY INFORMATION PROVIDED THEREBY IS SOLELY AT ONE'S OWN RISK. IF A NON-HEALTHCARE PROVIDER IS USING THE SITE, THE CONTENT, OR THE PRODUCTS AND SERVICES FOR HIS OR HER OWN PERSONAL USE, SUCH PERSON SHOULD NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BASED ON THE SITE, THE CONTENT, OR THE PRODUCTS AND SERVICES, THE USE THEREOF, OR ANY INFORMATION PROVIDED THEREBY. SUCH PERSON SHOULD PROMPTLY CONTACT HIS OR HER OWN HEALTH CARE PROVIDER REGARDING ANY MEDICAL CONDITIONS OR MEDICAL QUESTIONS THAT PERSON MAY HAVE.

 

10. No Warranty. YOUR USE OF THE SITE, THE CONTENT, AND THE PRODUCTS AND SERVICES ARE AT YOUR OWN RISK. THE SITE, THE CONTENT, AND THE PRODUCTS AND SERVICES ARE PROVIDED ON AN "AS IS", "WITH ALL FAULTS", AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED BY STATUTE, USAGE, CUSTOM OF TRADE, OR OTHERWISE (INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT). Without limiting the generality of the foregoing, VisualDx makes no representations or warranties regarding the following: (a) the accuracy, correctness, quality, reliability, completeness, security, availability, currentness, or timeliness of the Site, the Content, or the Products and Services or the use of or the results of the use of the Site, the Content, or the Products and Services; (b) the approval or compliance of the Site, the Content, or the Products and Services or any software tools available through the Site, the Content, or the Products and Services by any government or other entity; (c) that the Site, the Content, or the Products and Services are free of errors, omissions, or inaccuracies; or (d) that the Site, the Content, or the Products and Services are free of viruses, worms, trojan horses, or other harmful components that may infect your computer equipment or other property on account of your access to, use of, or browsing in the Site, the Content, or the Products and Services or your downloading of any materials, data text, images, video, or audio from the Site, the Content, or the Products and Services. Furthermore, when using the Site, the Content, or the Products and Services, information will be transmitted over a medium that may be beyond the control and jurisdiction of VisualDx and its suppliers. Accordingly, VisualDx assumes no liability for or relating to the delay, failure, interruption, security, theft, or corruption of any data or other information transmitted in connection with your use of the Site, the Content, or the Products and Services. In addition, no information or assistance given by us, or our employees, agents, or independent contractors, to you, whether oral or written, will create any warranty, express or implied.

 

11. Limitation of Damages.

(a) No Liability for Indirect Damages. IN NO EVENT WILL VISUALDX BE LIABLE TO YOU OR ANY PERSON OR ENTITY CLAIMING THROUGH YOU FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR OTHER SIMILAR DAMAGES RESULTING FROM, ARISING OUT OF, OR RELATED TO THESE TERMS OF USE, ANY ALLEGED OR ACTUAL BREACH OF THESE TERMS OF USE, THE SITE, THE CONTENT, THE PRODUCTS AND SERVICES, OR THE USE OF, THE RESULTS OF THE USE OF, OR THE INABILITY TO USE THE SITE, THE CONTENT, OR THE PRODUCTS AND SERVICES, WHETHER ARISING UNDER CONTRACT, BREACH OF WARRANTY, TORT, NEGLIGENCE, STRICT LIABILITY, ENTERPRISE LIABILITY, PRODUCT LIABILITY, ANY OTHER THEORY OF LIABILITY, OR OTHERWISE, AND WHETHER OR NOT VISUALDX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES ARE OTHERWISE FORESEEABLE (INCLUDING, AS EXAMPLES OF SUCH DAMAGES, BUT NOT IN LIMITATION THEREOF, PERSONAL INJURY OR DEATH, LOSS OF USE, PRIVACY, BUSINESS INFORMATION, DATA, REVENUE, PROFITS, OR GOODWILL, DAMAGE TO BUSINESS OR BUSINESS RELATIONS, BUSINESS INTERRUPTION, PROCUREMENT OF SUBSTITUTE GOODS, SERVICES, OR FACILITIES, ECONOMIC LOSSES, PROPERTY OR EQUIPMENT DAMAGE, OR ATTORNEYS' FEES AND DISBURSEMENTS).

(b) Limited Liability for Direct Damages. WITHOUT LIMITING THE GENERALITY OF SECTION 11(A) ABOVE AND NOTWITHSTANDING ANYTHING ELSE IN THESE TERMS OF USE OR OTHERWISE TO THE CONTRARY, VISUALDX'S MAXIMUM AGGREGATE LIABILITY, DIRECT OR OTHERWISE, TO YOU OR ANY PERSON OR ENTITY CLAIMING THROUGH YOU, IF ANY, RESULTING FROM, ARISING OUT OF, OR RELATED TO THESE TERMS OF USE, ANY ALLEGED OR ACTUAL BREACH OF THESE TERMS OF USE, THE SITE, THE CONTENT, THE PRODUCTS AND SERVICES, OR THE USE OF, THE RESULTS OF THE USE OF, OR THE INABILITY TO USE THE SITE, THE CONTENT, OR THE PRODUCTS AND SERVICES WILL NOT EXCEED THE GREATER OF (I) THE PURCHASE PRICE OR LICENSE FEES FOR ANY PRODUCTS AND SERVICES PAID BY YOU TO (AND ACTUALLY RECEIVED BY) VISUALDX IN THE 6 MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO YOUR CLAIM OF LIABILITY AGAINST VISUALDX OR (II) US$10.00.

 

12. Time Limit to Bring Claim. YOU HEREBY AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION THAT YOU OR ANY PERSON OR ENTITY CLAIMING THROUGH YOU, IF ANY, MAY HAVE AGAINST VISUALDX RESULTING FROM, ARISING OUT OF, OR RELATED TO THESE TERMS OF USE, ANY ALLEGED OR ACTUAL BREACH OF THESE TERMS OF USE, THE SITE, THE CONTENT, THE PRODUCTS AND SERVICES, OR THE USE OF, THE RESULTS OF THE USE OF, OR THE INABILITY TO USE THE SITE, THE CONTENT, OR THE PRODUCTS AND SERVICES MUST BE FILED AGAINST VISUALDX IN THE APPROPRIATE COURT OF LAW LOCATED IN MONROE COUNTY, NEW YORK WITHIN 1 YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR SUCH CLAIM OR CAUSE OF ACTION WILL BE FOREVER BARRED.

 

13. Disclaimers, Exclusions, and Limitations. Please note that some jurisdictions may not allow the limitations, disclaimers, and exclusions set forth in Sections 10-12 above, so some of those limitations, disclaimers, and exclusions may not apply to you. As such, notwithstanding anything in these Terms of Use to the contrary, the limitations, disclaimers, and exclusions set forth in Sections 10-12 above apply to the maximum extent permitted by applicable law, and are not intended to deprive you of any mandatory protections provided to you under applicable law. You should check your local laws for any restrictions or limitations regarding the limitations, disclaimers, and exclusions set forth in Sections 10-12 above.

 

14. Indemnity. You will, at your sole expense, indemnify, defend, and hold harmless VisualDx and VisualDx's officers, directors, managers, members, shareholders, agents, representatives, successors, and assigns (the "Indemnifiable Parties") from and against any and all Losses (as defined below) resulting from, arising out of, or related to: (a) any breach of or any inaccurate, false, or fraudulent representation or warranty made by you in these Terms of Use; (b) any breach or default in the performance of any covenant or agreement made by you in these Terms of Use; (c) the use of, the results of the use of, or the inability to use the Site, the Content, or the Products and Services by you or any person or entity claiming through you; (d) any violation of the rights of any third party by you; or (e) willful misconduct or unlawful or negligent acts or omissions by you. For purposes of this Section, "Losses" means any and all losses, damages, penalties, expenses, costs, court costs, professional fees (including, without limitation, reasonable attorneys' fees and disbursements), interest, disbursements, judgments, liens, and liabilities of any kind or nature whatsoever (including, without limitation, claims for the injury to or the death of any person or the damage to any property (including, without limitation, loss of use thereof)). VisualDx reserves the right, at VisualDx's own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with VisualDx in asserting any available defenses.

 

15. Privacy Policy. The VisualDx Privacy Policy (which can be found at www.VisualDx.com applies to the use of the Site, the Content, and the Products and Services, and its terms are hereby made a part of these Terms of Use by this reference. By using the Site, the Content, or the Products and Services, you acknowledge that you have read the VisualDx Privacy Policy and agree to its terms. Additionally, by using the Site, the Content, or the Products and Services, you acknowledge and agree that internet transmissions are never completely private or secure. You understand that any message or information you send to the Site, the Content, or the Products and Services may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.

 

16. Termination, Suspension, and Restriction of Site, Content, and Products and Services. VisualDx reserves the right, with or without notice, to limit, modify, suspend, terminate, or restrict operation of, access to, or use of the Site, the Content, or the Products and Services, in whole or in part, at any time for any reason. VisualDx may also delete or prevent access to or use of all information, materials, and files related to the Site, the Content, or the Products and Services. VisualDx will not be liable to you or any third party for any limitation, modification, suspension, termination, or restriction of the Site, the Content, or the Products and Services or the deletion or inaccessibility of any information, materials, and files related to the Site, the Content, or the Products and Services. In addition, VisualDx reserves the right, with or without notice, to delete or otherwise dispose of any information, materials, or files related to your use of the Site, the Content, or the Products and Services in their entirety at any time for any reason and not to store any such information, materials, or files. VisualDx will not be liable to you or any third party for any such deletion, disposal, or failure to store such information, materials, and files.

 

17. Changes to these Terms of Use. VisualDx reserves the right, at any time and without notice, to change, modify, add to, or delete portions of these Terms of Use, the VisualDx EULA, or the Other Agreements (including, without limitation, the fees and payment terms for the Products and Services), simply by posting such change to these Terms of Use, the VisualDx EULA, or the Other Agreements on the Site or in the application in which it appears. Any such change will be effective immediately upon such posting. It is your responsibility to regularly check the Site or such application to determine if there have been any changes to these Terms of Use, the VisualDx EULA, or the Other Agreements, and to review such changes. If VisualDx makes any changes to these Terms of Use, the VisualDx EULA, or the Other Agreements, VisualDx will indicate at the top of these Terms of Use, the VisualDx EULA, or the Other Agreements the date it was last revised. Your use of the Site or the Content or your purchase or use of any Products and Services prior to any such change to these Terms of Use, the VisualDx EULA, or the Other Agreements will continue to be governed by the version of these Terms of Use, the VisualDx EULA, or the Other Agreements in effect at the time of such prior purchase or use. However, your use (or continued use) of the Site or the Content or your purchase or use (or continued purchase or use) of any Products and Services after any such change constitutes your acceptance of the new Terms of Use, VisualDx EULA, or Other Agreements. If you do not agree to and accept, without limitation or qualification, all of the terms and conditions of these Terms of Use, the VisualDx EULA, or the Other Agreements (or any future versions thereof) without modification, do not use or access (or continue to use or access) the Site or the Content or purchase or use (or continue to purchase or use) the Products and Services. These Terms of Use may not be amended, changed, or modified by you, and no course of conduct between VisualDx and you or any other party will be deemed to modify any provision of these Terms of Use.

 

18. Miscellaneous. These Terms of Use will be governed by, and interpreted and construed in accordance with, the laws of the State of New York, one of the United States of America, without regard to the principles of conflict of laws, and will be binding on you in the United States and worldwide. Any suit or proceeding related to these Terms of Use will be commenced exclusively in the state or federal courts located in Monroe County, New York, and you irrevocably consent to the exclusive jurisdiction and venue of such courts. If you breach, default under, or fail to perform or observe any of your covenants or obligations under these Terms of Use, you will pay VisualDx for all costs and expenses (including, without limitation, reasonable attorneys' fees and disbursements, internal legal costs, court costs, expenses of investigation, and expert fees) incurred by VisualDx in connection with VisualDx's enforcement of its rights under these Terms of Use or collection of any amount due VisualDx pursuant to these Terms of Use, whether or not suit is brought. If any provision of these Terms of Use is finally determined to be unenforceable, invalid, or ineffective in any action, suit, or proceeding, such provision will be automatically reformed and construed so as to be valid, operative, and enforceable to the maximum extent permitted by law or equity while preserving its original intent. The determination that any provision of these Terms of Use is unenforceable, invalid, or ineffective in any action, suit, or proceeding will not affect the enforceability of the remainder of these Terms of Use. Failure on the part of VisualDx to insist upon strict compliance with any of the terms, covenants, or conditions of these Terms of Use will not be deemed a waiver of such term, covenant, or condition, nor will any waiver or relinquishment of any right or power hereunder at any one or more times be deemed a waiver or relinquishment of such right or power at any other time or times. You will not assign these Terms of Use or any of your respective rights or obligations under these Terms of Use, whether voluntarily, involuntarily, by operation of law, or otherwise, without VisualDx's prior written consent. Any proposed assignment in contravention of the foregoing sentence will be null and void. These Terms of Use are binding upon and will inure to the benefit of you and VisualDx and their respective legal representatives, heirs, executors, successors, and permitted assigns. These Terms of Use are intended solely for the benefit of you and VisualDx and do not create or grant any right in any other person or entity. The headings in these Terms of Use are inserted as a matter of convenience only and will not be used to interpret or construe any provision of these Terms of Use. Whenever the context may require, any pronoun used in these Terms of Use will include the corresponding masculine, feminine, or neuter forms and the singular of nouns, pronouns, and verbs will include the plural and vice versa. These Terms of Use will not be construed against VisualDx by reason of the fact that it was responsible for the drafting of these Terms of Use. For purposes of these Terms of Use, except as otherwise expressly provided or unless the context otherwise requires: (a) references in these Terms of Use to "Sections", "paragraphs", and other subdivisions without reference to a document are to designate Sections, paragraphs, and other subdivisions of these Terms of Use; (b) the words "herein", "hereof", "hereunder", and other words of similar import refer to these Terms of Use as a whole and not to any particular provision; and (c) the terms "include" and "including" will mean without limitation by reason of enumeration. The rights and remedies set forth in these Terms of Use for VisualDx or otherwise conferred upon or reserved to VisualDx are cumulative and not exclusive of any other rights or remedies which VisualDx otherwise has or would have under these Terms of Use or otherwise, and may be exercised singularly, successively, or together at the sole discretion of VisualDx as often as occasion may arise or as may be deemed expedient. These Terms of Use contain the entire agreement between you and VisualDx with respect to your use of the Site and supersedes all prior agreements, understandings, and communications, written or oral, relating to such use.