This is a legally binding contract between you and Volpara. Please be sure to read it carefully. By clicking the “I accept” button and/or accessing the Site you: (1) acknowledge and agree that you have read and understand the terms of this Agreement; (2) agree to be bound by this Agreement, and (3) represent and warrant that you have the authority to accept the terms of this Agreement. CERTAIN ELEMENTS OF THE SITE MAY BE SUBJECT TO ADDITIONAL TERMS AND CONDITIONS SPECIFIED FROM TIME TO TIME; YOUR USE OF THOSE ELEMENTS OF THE SITE IS SUBJECT TO THOSE ADDITIONAL TERMS AND CONDITIONS, WHICH ARE INCORPORATED INTO THIS AGREEMENT BY THIS REFERENCE. IF YOU DO NOT ACCEPT ALL TERMS OF THIS AGREEMENT, DO NOT USE THE SITE.
The Site and its contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by Volpara, its licensors or other providers of such material and are protected by United States and international copyright, trademark, service mark, patent, trade secret and other intellectual property or proprietary rights laws. You may not commercially exploit or make the Site available to any third party. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on the Site. No right, title or interest in or to the Site or any content on the Site is transferred to you, and all rights not expressly granted are reserved by Volpara and its respective licensors.
The Volpara name and all related names, logos, product and service names, designs and slogans are trademarks and service marks of Volpara or its affiliates or licensors. You agree that you will not use or reference in any manner such marks without the prior written permission of Volpara. All other names, logos, product and service names, designs and slogans on Site are the trademarks of their respective owners.
You may use the Site only for lawful purposes and strictly in accordance with the terms of this Agreement. You agree not to:
- Use the Site in any way that violates any applicable federal, state, local or international law or regulation.
- Use the Site to transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.
- Use the Site in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Site.
- Use any robot, spider or other automatic device, process or means to access the Site for any purpose, including monitoring or copying any of the material on the Site or otherwise collecting information from the Site to be used for any commercial purpose.
- Use any device, software or routine that interferes with the proper working of the Site.
- Attempt to gain unauthorized access to, interfere with, damage or disrupt any part of the Site.
We may make message boards, bulletin boards or other Volpara user services (“User Engagement Services”) available on the Site, either directly or through a Third-Party Website, that allow users to post, submit, publish, display, or transmit content, data, information, or other materials to other users (collectively, “Content”) on or through the Site.
All Content must comply with the Content standards or guidelines (“Content Standards”) provided by Volpara in connection with the User Engagement Services. By providing any Content, you grant us an irrevocable, perpetual, royalty-free worldwide license to use, exploit, reproduce, modify, perform, display, distribute, and otherwise disclose to third-parties any of your Content for any purpose. This license also includes the right to sublicense your Content to third-parties or other users.
Upon providing any Content, you represent and warrant that: (1) you own or control all rights in and to your Content and have the right to grant the license granted above to us; (2) your Content does not and will not infringe any intellectual property, contract, privacy, or contract rights of any third party; and (3) your Content does and will comply with this Agreement and the Content Standards.
You understand and acknowledge that you are responsible for any Content you submit or contribute, and you, not Volpara, have full responsibility for such Content, including its legality, reliability, accuracy, and appropriateness. We are not responsible or liable to you or any third-party for the content or accuracy of any Content. You are solely responsible for your interactions with other users. We reserve the right, but have no obligation, to monitor disputes between you and other users.
Volpara neither endorses nor assumes any liability for the contents of any material uploaded or submitted by third-party users of the Site. Volpara and its agents have the right at their sole discretion to pre-screen, monitor, edit and/or remove any Content that, in our sole discretion, does not comply with this Agreement or the Content Standards, or which is otherwise harmful, unlawful, objectionable, or inaccurate.
Volpara is not responsible for any failure or delay in removing any Content. Consequently, you understand that your use of User Engagement Services may result in exposure to content that you find offensive or objectionable. You hereby consent to the removal of any of your inappropriate Content and waive any claim against us arising out of such removal of content.
Limits on Accuracy
The Site has been developed as a service to provide information about our products and services and the information is believed to be accurate at the time it is created. However, information on the Site may become out of date, contain technical inaccuracies or typographical errors. While we will use all reasonable efforts to keep the information accurate and up-to-date we make no warranties or representations as to its accuracy.
Nothing contained in any information on the Site is to be construed as medical, legal, investment, financial, or other advice and it is important that you rely on the advice of an appropriate professional in all such respects. You agree that all access to and use of the Site is at your own risk and Volpara shall not be liable for any direct, indirect, incidental, special or consequential damages arising from or in connection with your use of the Site or any content contained on this website.
Forward Looking Statements
From time to time, we may have made or may make statements which comprise beliefs, expectations, estimates, assumptions, projections and other predictive statements (“Forward-looking Statements”). All such statements are subject to and influenced by many factors that could cause outcomes and actual results to differ materially from such Forward-looking Statements and Forward-looking Statements should not be relied upon.
Administrative, Physical and Technical Safeguards
Third Party Websites
Updates and Changes
Volpara may update, amend, alter, or modify the terms of this Agreement in the future. You agree that Volpara may make changes to the terms of this Agreement at any time and for any reason at its sole discretion. If any future changes to the terms of this Agreement are unacceptable to you or cause you to no longer be in compliance with the terms of this Agreement, you must terminate your use of the Site. If you continue to use the Site after notice of changes to this Agreement, your use will mean that you accept any and all of Volpara’s changes. If at any time you do not agree to all or any portion of the terms of this Agreement, then you must immediately stop using the Site.
Disclaimer of Warranties
THE SITE IS PROVIDED “AS IS” AND “AS AVAILABLE.” VOLPARA DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, VOLPARA MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE SITE OR ANY PRODUCTS OR SERVICES REQUESTED THROUGH THE SITE, OR THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE.
You agree to indemnify and hold Volpara and its affiliates and their respective officers, directors, employees, agents, vendors, suppliers and licensors harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees), arising out of or in connection with: (A) your use of the Site; (B) your breach or violation of any of this Agreement; and (C) your violation of the rights of any third party.
This Agreement constitutes the entire agreement between you and Volpara relating to the subject matter herein. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. Volpara’s failure to enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Volpara in writing.