Thank you for visiting Diagnosys LLC’s websites. which includes www.diagnosysllc.com and related sub-domains, and other websites that Diagnosys and its affiliates may make available from time to time (the “Websites”). In this document, “you” and “user” mean any person or entity that accesses the Websites; “Diagnosys” “we,” or “us” refers to Diagnosys LLC, a Massachusetts limited liability company, and any of its affiliates, including its United Kingdom affiliate: Diagnosys UK Ltd.
We hope that you’ll find our Websites informative and useful. We’ve set out these Terms and Conditions of Use (“Terms”) to create some ground rules that are intended to make our visitors’ experiences safe and enjoyable, and to protect the investment that Diagnosys has made in its products and intellectual property.
Please read this page carefully. By using the Websites, you are agreeing that you’ll be bound by these Terms. We think that these Terms are reasonable and appropriate, but if you don’t agree with them, you do not have permission to use the Websites.
Diagnosys may revise these Terms from time to time and at any time, to keep up with changing circumstances, by posting an update to this page with new Terms. You should visit this page periodically, because the Terms that are in effect at the time of your visit are the ones that give you permission and govern your use of the Websites. By using the Websites after we’ve posted updates, you accept and agree to be bound by the updated Terms.
1. Diagnosys Owns the Websites and Their Content
All of the contents of the Websites, which include the text, graphics, sounds, images, appearance, programming code, HTML code, and other material (the “Content”), is owned by Diagnosys (or its licensors). The Content is protected by a wide range of intellectual property laws of the United States and other countries, including copyright, trademark, and patent laws. Please respect our property; any unauthorized use of the Content may violate these laws or constitute infringement.
2. You Have Permission to Use The Websites and Content, But Your Permission is Limited
Diagnosys has made the Content available so that you can learn about our company and products. You are authorized to view it and download it, but only for your personal, non commercial use, and not on another website or in a networked computer environment. You’re not permitted to remove any copyright or other proprietary notices contained in the Content, or to sell or modify the Content, or to reproduce, display, publicly perform, distribute, or otherwise use the Content in any way for any public or commercial purpose,. (We think our Content is valuable; if you’re interested in using the Content for commercial or business purposes, please contact us, and we can discuss whether a business arrangement makes sense.)
The Websites are meant for people to use. You may not use any ‘robot,’ ‘spider’ or other automated querying device, or similar program, algorithm or methodology to access the Websites or monitor, “scrape,” or copy the Content.
3. You May Not Use the Websites to Cause Harm
Our Websites are intended to be helpful; we will not tolerate any misuse of them. You may not use the Websites to transmit, distribute, or store any malicious, harmful, or infringing material, data, or other information, or to destroy material, data, or other information. This means, for instance, that you may not use the Websites in violation of any law or regulation, or in a way that will infringe others’ intellectual property rights, or to violate others’ privacy or publicity rights, or in a way that is defamatory, obscene, threatening, abusive, or hateful.
You are prohibited from violating or attempting to violate the security of the Websites. By the same token, you may not use the Websites to violate the security of other web sites by any method, such as (a) accessing data not intended for you or logging into a server or account which you are not authorized to access, (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measurers without proper authorization, (c) attempting to interfere with service to any user of the Web Site, host or network, including, without limitation, via means of submitting a virus to the Web Site, overloading, “flooding”, “spamming”, “mailbombing” or “crashing” the Web Site, (d) sending unsolicited e-mail, including promotions and/or advertising of products or services, or (e) forging any packet header or any part of the header information in any e-mail.
We can’t anticipate all of the ways that a misguided person might try to misuse our Websites, so these are just examples, and we reserve the right to prevent anyone from using our accessing the Websites in a way that, in our judgment, cause problems for Diagnosys or others. We may also provide information to and otherwise cooperate with law enforcement authorities when, in our judgment, we believe that such action is warranted.
4. We Respect Your Privacy
5. You Have the Responsibility to Protect Your Account
Some of our Websites may allow you to set up an account. Access to your account is controlled by a User ID and password, and you are responsible for all uses of your user ID, whether or not authorized by you. Therefore, you need to take responsibility to maintain the safety and confidentiality of your user ID and password. You agree to immediately notify Diagnosys of any unauthorized use of your user ID or password.
6. We Don’t Promise That Our Websites Are Error-Free
We’ve tried to make our Websites informative and accurate, but nobody’s perfect. Despite our efforts, the Content may contain inaccuracies or typographical errors. Diagnosys cannot promise and does not make any representation about the accuracy, reliability, completeness, timeliness, or availability of the Websites or the Content. You use the Websites and the Content at your own risk. If you’re using the Content to make an important decision, it’s a good idea to verify any statements or information in the Content. We reserve the right, at our discretion, to modify, add, or remove portions of the Web Site at any time without notice.
If you post, submit, or place any information or material on the Websites, you are solely responsible for the form, content and accuracy.
DIAGNOSYS DOES NOT WARRANT THAT THE WEBSITES WILL OPERATE ERROR FREE OR THAT THE WEBSITES OR THEIR SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE WEBSITES OR THE CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACEMENT OF EQUIPMENT OR DATA, DIAGNOSYS IS NOT RESPONSIBLE FOR THOSE COSTS.
THE WEBSITES AND THE CONTENT ARE PROVIDED ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, DIAGNOSYS DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT. DIAGNOSYS MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, PERFORMANCE, TIMELINESS, OR AVAILABILITY OF THE MATERIAL, SERVICES, SOFTWARE, TEXT, GRAPHICS OR LINKS.
7. We’re Not Liable for Consequential Damages
IN NO EVENT WILL DIAGNOSYS, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON THE WEBSITES BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL, RELIANCE OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE WEBSITES OR THE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY OR STATUTE, AND REGARDLESS OF WHETHER DIAGNOSYS IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
8. We Offer Links to Other Sites Solely as a Convenience
The Websites may contain links to third party websites. These links are provided solely for your convenience; Diagnosys does not approve or endorse the contents on such third-party web sites. Diagnosys also is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third-party sites. If you decide to access linked third-party sites, you do so at your own risk.
Similarly, Diagnosys cannot ensure that you will be satisfied with any products or services that you purchase from a third-party site that links to or from Diagnosys, because these sites are owned and operated by independent retailers. Diagnosys does not endorse any of the merchandise, nor has Diagnosys taken any steps to confirm the accuracy or reliability of any of the information contained in such third-party sites. Diagnosys does not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you hereby irrevocably waive any claim against us with respect to such sites. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or off-line transaction with any of these third parties.
9. Our Liability Is Limited
If, notwithstanding the limitations and disclaimers above, Diagnosys is found liable to you, Diagnosys’ total liability to you shall be strictly limited to $100, regardless of the number of claims you may have or bring that arise from or relate to your use of the Websites and the Content.
10. We May Terminate Access To the Websites
Diagnosys reserves the right, at its sole discretion, to immediately terminate your access to the Websites and/or any other service provided to you by Diagnosys for any reason, including any breach by of these Terms.
You agree to defend, indemnify, and hold harmless Diagnosys, its officers, directors, managers, members, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of the Websites or Content or your breach of these Terms. If the claim is brought against Diagnosys by a third party, Diagnosys will provide prompt notice to you of any such claim, suit, or proceeding and will assist you, at your expense, in defending any such claim, suit or proceeding.
12. General Provisions
Diagnosys makes no claims that the Websites or Content may be lawfully viewed or downloaded outside of the United States. It may not be legal for certain persons or in certain countries to access the Websites or Content. It’s up to you to make sure that you are complying with the law. If you access the Websites or Content from outside the United States, you do so at your own risk and are responsible for any violations of the laws of your jurisdiction.
Diagnosys is based in Massachusetts, and the servers that host its Websites and these Terms are located here. Therefore, these Terms are governed by the internal substantive laws of the Commonwealth of Massachusetts, without respect to its conflict of laws principles, and you agree to be bound by these laws. You also agree that in the event there is a dispute or claim that arises from or relates to these Terms or their breach, any such dispute or claim shall be brought exclusively in the state or federal courts within the Commonwealth of Massachusetts, and you agree irrevocably to jurisdiction and venue in those courts.
You agree that you may not bring any claim or action in any form that arises from or relates to the Websites, the Content, or these Terms more than twelve (12) months after the first occurrence of the events on which you base your claim. If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of these Terms, which will remain in full force and effect.
These Terms cannot be modified or waived except by Diagnosys in writing or by a revised posting on the Websites. If Diagnosys does decide to waive any breach of these Terms by you, that waiver is limited, to the particular breach and the particular provision that was breached. The waiver is not continuing, and Diagnosys has the right to enforce all of the Terms against you for any other breach.