Legal

Terms of Use

Please read these Terms of Use carefully. By using this Web site, you signify your agreement with the follow Terms of Use:

Acceptance of Terms

This LYNX Medical Web site (this “Site”) is provided subject to the terms and conditions set forth below (the “Terms”), in addition to, and not in limitation of, the provisions of any other agreement you may enter into with LYNX Medical.

LYNX Medical may modify these Terms from time to time and without notice, effective immediately upon posting on this Site. Your continued access or use of this Site shall constitute acceptance of such modifications of the Terms. LYNX Medical has the right to terminate your access or use of this Site at any time without notice.

Personal & Non-Commercial Use Limitation

Unless otherwise specified, the Site is for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Site.

Use of Services

The Site may contain e-mail services, bulletin board services, chat areas, forums, and/or other message or communication facilities designed to enable you to communicate with LYNX Medical and with others (each a “Communication Service” and collectively “Communication Services”). You agree to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using the Communication Services, you will not:

• Use the Communication Services in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
• Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
• Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information.
• Upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consent to do the same.
• Use any material or information, including images or photographs, which are made available through the Site in any manner that infringes any copyright, trademark, patent, trade secret or other proprietary right of any party.
• Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another.
• Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Services specifically allows such messages.
• Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner.
• Falsify or delete any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
• Restrict or inhibit any other user from using and enjoying the Communication Services.
• Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
• Harvest or otherwise collect information about others, including e-mail addresses.
• Violate any applicable laws or regulations.
• Create a false identity for the purpose of misleading others.
• Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the Services or other user or usage information or any portion thereof.

LYNX Medical has no obligation to monitor the Communication Services. However, LYNX Medical reserves the right to review materials posted to the Communication Services and to remove any materials in its sole discretion. LYNX Medical reserves the right to terminate your access to any or all of the Communication Services at any time, without notice, for any reason whatsoever.

Always use caution when giving out any personally identifiable information about yourself or your family in any Communication Services. LYNX Medical does not control or endorse the content, messages or information found in any Communication Services and, therefore, LYNX Medical specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Services.

No Unlawful or Prohibited Use

As a condition of your use of the Site, you will not use the Site for any purpose that is unlawful or otherwise prohibited by these terms, conditions and notices. You may not use the Site in any manner that could damage, disable, overburden or impair any LYNX Medical server or the network(s) connected to any LYNX Medical server. You may not use this Site in any manner that may adversely affect this Site’s resources or the availability of this Site to others. You may not attempt to gain unauthorized access to any portion of the Site, other accounts, computer systems or networks connected to any LYNX Medical server, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site.

Materials Provided to LYNX Medical or Posted at Any LYNX Medical Web Site

Some parts of this Site may allow you to post or to e-mail to LYNX Medical materials or information (“Visitor Content”). Other parts of this Site allow you to access or use Visitor Content posted or e-mailed by other visitors to this Site. You grant LYNX Medical the unrestricted right to use or distribute, free of charge, any Visitor Content posted on this Site by you. You may not submit or post any material or information which is illegal, obscene, threatening, defamatory, invasive of privacy, or infringing of proprietary rights of any person or entity, or which contains software viruses, corrupted data, cancel bots, commercial solicitations or mass mailings or any form of “spam.” You may not use a false e-mail address to impersonate any person or otherwise mislead as to the origin of any material or information you submit or post.

LYNX Medical may review, remove or edit any Visitor Content at its discretion. LYNX Medical has no responsibility and assumes no liability for Visitor Content posted by you or by any other party.

LYNX Medical does not claim ownership of the materials you provide post, upload, input, submit or otherwise provide to the Site (each a “Submission” and collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting (“Posting”) your Submission you are granting LYNX Medical, its affiliated companies and sublicensees permission to use your Submission in connection with the operation of their Internet businesses, including, without limitation, the license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. LYNX Medical is under no obligation to post or use any Submission you may provide and LYNX Medical may remove any Submission at any time in its sole discretion.

By Posting a Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in these Terms of Use including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

You are responsible for all software and equipment necessary to access and use this Site, including all related expenses.

Notice Specific to Software Available on or through this Web Site

Any software that is made available to download from or through the Site (“Software”) is the copyrighted work of LYNX Medical and/or its suppliers. Use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software (“License Agreement”). An end user will be unable to install any Software that is accompanied by or includes a License Agreement, unless he or she first agrees to the License Agreement terms.

The Software is made available for download solely for use by end users according to the License Agreement. Any reproduction or redistribution of the Software not in accordance with the License Agreement is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.

WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE LICENSE AGREEMENT ACCOMPANYING SUCH SOFTWARE.

THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. EXCEPT AS WARRANTED IN THE LICENSE AGREEMENT, LYNX MEDICAL CORPORATION HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

RESTRICTED RIGHTS LEGEND. Any Software which is downloaded from the Site for or on behalf of the United States of America, its agencies and/or instrumentalities (“U.S. Government”), is provided with Restricted Rights. Use, duplication or disclosure by the U.S. Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software - Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer is LYNX Medical Systems, Inc.15325 SE 30th Place, Suite 350, Bellevue, WA 98007.

Notice Specific to Documents Available on the Web Site

Permission to use documents (such as press releases, product data sheets and FAQs) from the Site is granted, provided that (1) the below copyright notice appears in all copies and that both the copyright notice and this permission notice appear, (2) use of such documents from the Site is for informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media, and (3) no modifications of any documents are made. Violators will be prosecuted to the maximum extent possible.

Documents specified above do not include the design or layout of the lynxmed.com Web site or any other LYNX Medical owned, operated, licensed or controlled site. Elements of LYNX Medical Web sites are protected by trade dress, trademark, unfair competition and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from any LYNX Medical Web site may be copied or retransmitted unless expressly permitted by LYNX Medical.

LYNX MEDICAL MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS FOR ANY PURPOSE. ALL SUCH DOCUMENTS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. LYNX MEDICAL HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL LYNX MEDICAL BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION AVAILABLE FROM THE SITE.

THE DOCUMENTS PUBLISHED ON THE SITE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. LYNX MEDICAL AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED HEREIN AT ANY TIME.

NOTICES REGARDING SOFTWARE, DOCUMENTS AND SERVICES AVAILABLE ON THIS WEB SITE

THE MATERIALS LOCATED ON THIS SITE ARE PROVIDED “AS IS ,” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

LYNX MEDICAL SHALL HAVE ABSOLUTELY NO LIABILITY (WHETHER ARISING IN CONTRACT (INCLUDING WARRANTY), TORT (INCLUDING ACTIVE, PASSIVE OR IMPUTED NEGLIGENCE AND STRICT LIABILITY AND FAULT) OR OTHER THEORY) FOR ANY DIRECT OR INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES IN CONNECTION WITH THE USE OF THE LYNX MEDICAL WEB SITE, ANY OTHER LINKED WEB SITE OR THE INTERNET GENERALLY, INCLUDING WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS, OR DATA, EVEN IF LYNX MEDICAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL LYNX MEDICAL BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF SOFTWARE, DOCUMENTS, PROVISION OF OR FAILURE TO PROVIDE SERVICES OR INFORMATION AVAILABLE FROM THE SITE.

Without limitation, this means that LYNX Medical makes no warranty, representation or guaranty as to the content, sequence, accuracy, timeliness or completeness of the Materials or that the Materials may be relied upon for any reason, that the Materials will be uninterrupted or error free, or that any defects can be or will be corrected. For purposes of this section, ’ LYNX Medical ’ shall include LYNX Medical Systems, Inc., and its divisions, subsidiaries, successors, parent companies, and their employees, partners, principals, agents and representatives, and any third-party providers or sources of information or data.

Copyright

All text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, indexes, desktop tools, software and any other material or information used in connection with this Site (the LYNX Medical “Content”); the selection, arrangement, and presentation of all LYNX Medical Content (including information in the public domain); and the overall design of this Site are the property of LYNX Medical and protected by U.S. and international copyright laws. LYNX Medical grants you a personal, non-transferable, non-exclusive limited license to access this Site solely for: (a) your personal, non-commercial use, and provided that you do not delete or modify any copyright or other proprietary notices there from; or (b) as expressly permitted under any Agreement currently in effect between you and LYNX Medical. Any other copying, use, distribution or modification of LYNX Medical Content or any other property of LYNX Medical, whether in electronic or hard copy form, is strictly prohibited without the express prior written permission of LYNX Medical.

Trademarks

LYNX Medical and any other names of LYNX Medical or its Web sites, publications, products, content or services referenced on this Site are the exclusive trademarks or service marks of LYNX Medical, including without limitation the “look and feel” of this Site and the color combinations, layout and other graphical elements of this Site. You may not use LYNX Medical’s trademarks in any manner without the express, written permission of LYNX Medical. Other product and company names that appear on this Site may be subject to trademark or other rights of other parties.

Links to Other Web Sites

LYNX Medical has no control over other Web sites or other resources accessed through links on this Site. Any such links are provided for your convenience only, and do not constitute an endorsement of the linked site(s) or content by LYNX Medical. LYNX Medical makes no guarantees and disclaims any implied representations or warranties about the accuracy, relevance, timeliness, completeness or appropriateness of these sites, the information contained in them or the products or services they provide. LYNX Medical shall not be liable, directly or indirectly, for any damage or loss incurred by you in connection with web sites or resources accessed through links on this Site.

Linking to & Framing this Web Site

You may not frame any LYNX Medical Content or use any trademark, logo or other proprietary information on this Site, without LYNX Medical’s express written consent. You may not use LYNX Medical’s name or trademarks in any meta-tags or other hidden text without the express written consent of LYNX Medical. You may not link to this Site without the prior express written consent of LYNX Medical. LYNX Medical reserves the right to demand you remove any such link at any time, for any or no reason, and at LYNX Medical’s sole discretion.

Compliance with COPPA

This Site is not directed at children under the age of 13. LYNX Medical complies with the Children’s Online Privacy Protection Act and does not knowingly permit registration or submission of personally identifiable information by anyone under 13 years of age.

No Medical Advice

This Site does not provide medical advice and neither the information available on this Site nor any e-mail responses to your questions shall create a physician-patient relationship or constitute the practice of medicine. The information available on this Site and from any linked sites should not be used as a substitute or supplement for professional medical advice. If you have medical or health related questions, contact your physician.

Governing Law & Disputes

These Terms, and any dispute that may arise between you and LYNX Medical, will be governed by the laws of the State of Washington without regard to conflict of laws principles. The Terms, as may be amended from time to time, set forth the entire understanding between you and LYNX Medical as to the subject matter of the Terms, unless otherwise specifically provided under a written agreement, and supercede any prior agreements between you and LYNX Medical, whether oral or written, as to the subject matter of the Terms. Jurisdiction and venue will be in the courts of King County, Washington for any disputes arising out of or relating to these Terms.

Miscellaneous

If any provision of the Terms is found to be invalid or unenforceable, the remainder of the Terms shall remain in full force and effect, and all Terms shall be enforced to the fullest extent permitted by law. No waiver or failure to assert any provision of the Terms shall be valid unless in writing and signed by an officer of LYNX Medical. LYNX Medical may assign its rights and duties under the Terms to any party, at any time, without notice. LYNX Medical reserves all rights not expressly granted in these Terms.

If you have any questions about our legal policies, please feel free to contact us.