Terms of Service

THIS SITE AND RELATED SERVICES ARE PROVIDED SUBJECT TO THESE TERMS AND CONDITIONS.  PLEASE READ THE FOLLOWING INFORMATION CAREFULLY.  YOUR CONTINUED USE OF THIS SITE WILL INDICATE YOUR AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW.  IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, PROMPTLY EXIT THIS SITE.

These Terms of Service (the “Terms”) govern the website and/or other service, regardless of how distributed, transmitted, or published (each, a “Site” or “Service”) provided by AlphaBlue Medical Inc. (“ABM”), its parent, subsidiaries and/or affiliates (“we,” “us,” or “our”) that links to this Agreement and Privacy Policy, which is binding on all those who access, visit and/or use the Service, whether acting as an individual or on behalf of an entity, including you and all persons, entities, or digital engines of any kind that harvest, crawl, index, scrape, spider, or mine digital content by an automated or manual process or otherwise (collectively, “you” or “your”). As a condition of your use of this Site and Services, you warrant that you will not use the Site and Services for any purpose that is unlawful of prohibited by these Terms.

1. Copies of Terms and Changes

ABM may occasionally change these Terms, so we encourage you to review them regularly. The most current version of the Terms (along with their effective date) will be linked from each of the Site and Services. If you continue to use the ABM Site and Services after we change the Terms, you accept any and all changes.

2. Privacy Policy; Additional Terms

Our Privacy Policy describes what we do with all the data that you provide or that we may collect about you through the Site and Services, and you consent to our use of data in compliance with our Privacy Policy.

Additional terms may apply to your use of specific parts of our Site and Services. If so, we will provide these terms to you or post them on the Site and Services to which they apply; they are incorporated by reference into these Terms. If there is any conflict between these Terms and any additional terms that apply to a particular Site or Service, the additional terms will control.

Contests or promotions on the ABM Site and Services may also have additional rules and requirements, such as age or geographic restrictions, and you are responsible for understanding and complying with these rules and requirements.

3. Registration and Access Controls

You are responsible for maintaining the confidentiality of your login names and passwords and you accept responsibility for all activities, charges, and damages that occur under your account. If you have reason to believe that someone is using your account without your permission, you should contact us immediately. We will not be responsible for any loss or damage resulting from your failure to notify us of unauthorized use.

If we request registration information from you, you must provide us with accurate and complete information and must update the information when it changes. You are responsible for updating the registration information to ensure it continues to be current, complete, and accurate.  We may accept or reject registration requests for the Site and Services in our sole discretion and may revoke registration and accounts at any time, without cause or prior notice. You may not access any age-restricted Services unless you are above the required age.

4. Intellectual Property; License

The content, information, data, designs, code, and all materials associated with the Site and Services (“Content”) are protected by intellectual property and other laws. You should comply with all laws and applicable copyright, trademark, or other legal notices or restrictions. All trademarks, service marks, icons, and logos used in this Site and in the Content are our trademarks, service marks or logos or those of their respective owners.

Subject to these Terms, you agree to access and use the Site and Services only for your personal, non-commercial use. We reserve all other rights to the Content, and you may not otherwise copy, reproduce, distribute, publish, display, perform, or create derivative works of the Site and Services or Content without our permission. You also may not transfer or sublicense this limited right or resell the Site and Services. Finally, you must keep intact all copyright, trademark, and other proprietary notices on or associated with the Site, Services, and Content.

5. Third-Party Content

We sometimes offer third party content or link to third party websites on the Site and Services. We do not endorse or evaluate third party content and websites, and we do not assume responsibility for them. All third-party content is provided completely as-is, without warranties of any kind. Your sole remedy in the event of any issue with the third-party content is to cease using it.  You should review their terms of use and privacy policies before you use their services.

6. Product Purchase

If you purchase products, you agree to the terms and conditions governing all such purchases, including all requirements on payment. We will notify you of any changes to charges.

7. Acceptable Use

The Site and Services have been designed to present ABM Content in a unique way. You agree not to access the Site and Services using any interface other than ours, unless we give you express permission.

8. Site Access

We may take any of the following actions in our sole discretion at any time for any reason without giving you prior notice:

• Restrict your access to the Site and Services;
• Change or discontinue the Site and Services;
• Provide information concerning you and your activities to comply with applicable laws or respond to court order, subpoenas, or other lawful requests, or if we believe doing so would protect your safety or that of another person or protect the security of the Site and Services, or as otherwise described in the Privacy Policy.

We will not be liable to you or any other third party for taking any of these actions and we will not be limited to the remedies above if you violate any of these Terms.

If you do not agree to the Terms listed here, you should immediately stop using ABM Site and Services. If you want to delete your account on a Service, please use the instructions posted on the Service at which you obtained the account.

9. Indemnification

You will defend, indemnify, and hold harmless ABM, its parent, subsidiaries, affiliates, and the directors, officers, employees, shareholders, vendors, partners, contractors, agents, licensors, suppliers, or other representatives of each of them and all of their successors and assigns (collectively, the “VentureBeat Parties”) with respect to all claims, costs (including attorney’s and experts’ fees and costs), damages, liabilities, fines, sanctions, and expenses or obligations of any kind, arising out of or in connection with your use or misuse of the Site and Services (including, without limitation, any breach of these terms or use of your account, whether or not authorized by you, and claims arising from User Submissions). ABM retains the right to assume the exclusive defense and control of any claim subject to indemnification, and in such cases you agree to cooperate with us to defend such claim. You may not settle any claim covered by this Section 11 without ABM’s prior written approval.

10. Governing Law, Venue, and Jurisdiction

Use of and access to this site shall be governed by the laws of the State of New York, U.S.A., without regard to its conflict of laws principles.

Without diminishing the effectiveness of the arbitration clause herein, you consent to the jurisdiction of the Federal and State courts having jurisdiction in the County of New York, State of New York, U.S.A., and you waive any claim of lack of jurisdiction, improper venue or inconvenient forum.

11. Arbitration

Any controversy or claim by or against ABM shall be resolved exclusively by final and binding arbitration under the rules of the American Arbitration Association then in effect. Any arbitration shall be held in New York, New York at the offices of the American Arbitration Association. The language of the arbitration shall be English. Judgment upon the arbitration award may be entered in any court having jurisdiction.

12. Miscellaneous

We may be required by state or federal law to notify you of certain events. You hereby acknowledge and agree that such notices will be effective upon our posting them on our sites or delivering them to you via email. You may update your email address by visiting the Site and Services where you have provided contact information. If you do not provide us with accurate information, we will not be responsible for the failure to notify you. Our failure to exercise or enforce any right or provision in these Terms will not constitute a waiver of such right or provision. These Terms, including all additional terms, conditions, and policies on the Site and Services, constitute the entire agreement between you and us and supersede all prior agreements.

13. Disclaimers; Limitation of Liability

ABM DOES NOT WARRANT: (1) THAT the Site, Services, and Content, ANY OF the Site and Services’ FUNCTIONS OR ANY CONTENT OR SOFTWARE CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR-FREE; (2) THAT DEFECTS WILL BE CORRECTED; (3) THAT the Site, Services, Content, OR THE SERVERS HOSTING THEM ARE FREE OF VIRUSES OR OTHER HARMFUL CODE; OR (4) THAT the Site, Services, Content OR INFORMATION AVAILABLE THROUGH the Site and Services WILL CONTINUE TO BE AVAILABLE. ABM DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NONINFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND TITLE. the Site and Services, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, SOFTWARE, AND FUNCTIONS MADE AVAILABLE ON OR ACCESSED THROUGH OR SENT FROM the Site and Services, ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS,” WITHOUT WARRANTIES OF ANY KIND.

ABM WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, ECONOMIC, PUNITIVE, OR CONSEQUENTIAL DAMAGES) IN CONNECTION WITH the Site, Content, and Services OR YOUR USER SUBMISSIONS, EVEN IF FORESEEABLE OR EVEN IF ONE OR MORE OF ABM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, GROSS NEGLIGENCE, OR OTHERWISE, BUT EXCLUDING WILLFUL MISCONDUCT). ABM’ LIABILITY IN CONNECTION WITH the Site, Content, and Services FOR WILLFUL MISCONDUCT WILL NOT EXCEED THE AMOUNT, IF ANY, PAID BY YOU TO ABM FOR THE SPECIFIC SERVICE AS TO WHICH THE LIABILITY ARISES IN THE THREE MONTHS IMMEDIATELY PRECEDING THE FIRST EVENT GIVING RISE TO THE CLAIM.

YOUR ACCESS TO AND USE OF the Site, Content, and Services IS AT YOUR RISK. IF YOU ARE DISSATISFIED WITH the Site, Content, and Services OR ANY OF THE CONTENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING the Site, Content, and Services.

YOU ACKNOWLEDGE AND AGREE THAT IF YOU INCUR ANY DAMAGES THAT ARISE OUT OF ABM’S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, ARE NOT IRREPARABLE AND ARE NOT SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR OTHER EQUITABLE RELIEF RESTRICTING EXPLOITATION OF ANY WEBSITE, PROPERTY, PRODUCT, PROGRAM, TELEVISION SHOW, MOTION PICTURE, OR OTHER AUDIO/VISUAL CONTENT OWNED OR CONTROLLED BY ABM, INCLUDING WITHOUT LIMITATION the Site and Services (INCLUDING THOSE INCORPORATING USER SUBMISSIONS).

SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.