Terms of Use

1. General Matters; Amendment of these Terms of Use
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE. Elemé Medical ("Elemé Medical," "we," "us") provides this Website and all website-related services (collectively, including the Information (as defined below), the "Website") for your personal, non-commercial use subject to your compliance with the terms and conditions set forth in these terms of use (the "Terms of Use"). These Terms of Use and the terms of our Privacy Policy, which are incorporated herein by reference, govern the relationship between Elemé Medical and you, the Website visitor with respect to your use of the Website. It is important that you read carefully and understand the terms and conditions of these Terms of Use. By using the Website, you agree to be bound by these Terms of Use. If you do not agree to these terms and conditions, please do not use the Website.

• change these Terms of Use;
• change or update the Website, including eliminating or discontinuing any content on or feature of the Website;
• deny or terminate your use of and/or access to the Website.

Any changes we make will be effective immediately upon our making such changes available on the Website. You agree that your entering, re-entering, or continuing to use the Website thereafter constitutes your acceptance of such changes. Be sure to return to this page periodically to ensure familiarity with the most current version of these Terms of Use.

2. Information Provided by the Website.
Please note that the information and materials provided through the Website, including data, text, graphics, images, audio and video clips and links (collectively, the "Information") is provided for your convenience and is not intended, nor is it implied, to be instruction or advice for medical diagnosis or treatment or a substitute for professional medical care. Elemé Medical makes no representations or warranties as to the completeness, accuracy, adequacy, currency or reliability of any Information and shall have, no liability of any kind relating to the Information. Reliance on any Information provided by Elemé Medical is solely at your own risk.

3. Third Party Links.
The Website contains links to other websites for your convenience. The fact that Elemé Medical offers, or that its Website is accessible by, such links does not indicate any approval or endorsement by Elemé Medical of any linked website, products or services offered by linked websites or any material contained on any linked website.

4. Code of Conduct.
While using the Website and Information, you agree not to:

• Modify, adapt, sub-license, translate, sell, reverse engineer, decompile or disassemble any portion of the Website;
• "Frame" or "mirror" any part of Website without our prior written authorization;
• Remove any copyright, trademark or other proprietary rights notices contained in the Website or Information;
• reproduce or circumvent the navigational structure or presentation of the Website or its contents; or
• Restrict or inhibit any other visitor from using the Website, including, without limitation, by means of "hacking" or defacing any portion of the Website;
• Transmit any software or other materials

While using the Website and Information, you agree to comply with all applicable laws, rules and regulations. Further, you agree (i) that all information that you provide to Elemé Medical or a related third party provider will be accurate and complete and (ii) to pay all charges, if any, incurred by you for your use of the Website or your acquisition of any product or service through the Website.

5. Limited Permitted Use of Information.
Unless otherwise specified on the Website, you may manually search and view Information displayed on the Website, download or print any Website page, and use the viewed, downloaded or printed Information solely for your own benefit. You must retain all copyright and other proprietary notices on downloaded or printed Information, and any such downloads or copies are subject to the terms and conditions of these Terms of Use and shall remain the property of Elemé Medical and its licensors and service providers (as further provided below).

6. Authorized Users
The password-protected portions of the Website and the Information provided therein are intended for use by persons who have authenticated their identities and lawfully registered user names and passwords with Elemé Medical ("Authorized Users"). If you register with Elemé Medical on the Website, you will have to select a password and login identity. You may also have to provide Elemé Medical with certain other information, all of which must be accurate, true and complete and must be kept current at all times. By providing telephone number(s) and email address(es) to be associated with your account with Elemé Medical, you represent and warrant to Elemé Medical that you are a legal account holder or an authorized representative for such telephone number(s) and email address(es). You are responsible for correctly setting up and maintaining your user account with Elemé Medical. You must maintain the security of your password and login identity and agree that you will be solely responsible to Elemé Medical for all activities that occur under your account.

7. Intellectual Property Rights
As between you and Elemé Medical, the Website and Information and all Intellectual Property Rights (defined below) therein are owned by Elemé Medical. Unless otherwise expressly provided by Elemé Medical, you may view the Website and its content and may use the Information only for personal, non-commercial use, and must not reproduce, distribute, modify, create derivative works of, or reverse engineer the Website and Information, in whole or in part, by any means, and you must not remove or modify any copyright or trademark notice or other notice of ownership. As between you and Elemé Medical, Elemé Medical shall retain exclusive ownership of the Website and the Information and the ideas embodied therein, and you make any modifications or derivative works of the Website or the Information in violation of these Terms of Use, you will, and hereby do, assign to Elemé Medical all of your rights, title, and interest in and to such modifications or derivative works and all Intellectual Property Rights therein. All rights not explicitly granted hereunder shall remain with Elemé Medical. Unless explicitly stated herein, nothing in these Terms of Use shall be construed as conferring any license to Intellectual Property Rights of Elemé Medical, whether by estoppel, implication, or otherwise.

"Intellectual Property Rights" means all intellectual property rights of any kind or nature however denominated throughout the world, including without limitation, all copyrights, patents, patent applications, trade secrets, inventions, proprietary know-how, registered and unregistered trademarks, registered and unregistered service marks, domain name, registered and unregistered trade names, rights of privacy and publicity, moral rights, and database rights.

8. Jurisdiction.
The Website is solely directed to individuals residing in the United States. We make no representation that the Website or Information is appropriate or available for use in other locations. Those who choose to access the Website from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent local laws are applicable.

9. Termination.
We reserve the right to immediately terminate these Terms of Use, and/or your access to and use of the Website, Information, or any portion thereof, at any time and for any reason, with or without cause. Upon termination of these Terms of Use, your right to use the Website shall immediately cease, and you shall destroy all Information and all copies thereof, whether made under the terms of these Terms of Use or otherwise. Rights and obligations under these Terms of Use which by their nature are intended to survive the termination of your authorization to use the Website and/or the Information will remain in full effect after such termination, including without limitation those of Sections 7-11, 14, 15 of these Terms of Use.

10. Disclaimers.
The Website, Information and any products and services obtained through the Website are provided "as is" and without warranties of any kind, either expressed or implied. To the fullest extent permissible under applicable law, Elemé Medical and its affiliates, licensors, suppliers, advertisers, sponsors and agents disclaim all warranties, express or implied, including, without limitation, implied warranties of title, non-infringement, accuracy, merchantability and fitness for a particular purpose, and any warranties that may arise from course of dealing, course of performance or usage of trade. Elemé medical and its affiliates, licensors, suppliers, advertisers, sponsors and agents do not warrant that your use of the Website or Information will be uninterrupted, error-free or secure, that defects will be corrected, or that the Website, the servers on which the Website is hosted, or Information are free of viruses or other harmful components. You assume all responsibility and risk for your use of the Website and Information and your reliance thereon. No opinion, advice or statement of Elemé Medical or its affiliates, licensors, suppliers, advertisers, sponsors, agents, members or visitors, whether made on the Website, in the Information or otherwise shall cerate any warranty. YOUR USE OF THE Website AND ANY INFORMATION are ENTIRELY AT YOUR OWN RISK. Applicable law may not allow the exclusion of implied warranties, so the above exclusions may not apply to you.

11. Limitation of Liability.
Neither Elemé Medical nor any of our affiliates, licensors, service providers, advertisers or sponsors, nor our or their directors, officers, employees, consultants, agents or other representatives, are responsible or liable for any direct, indirect, incidental, consequential, special, exemplary, punitive or other damages (including, without limitation, damages for loss of business, loss of data or lost profits), under any contract, negligence, strict liability or other theory arising out of or relating in any way to the Website and/or Information, any linked website or any product or service obtained from a third party through the Website. Your sole remedy for dissatisfaction with the Website, Information, or any linked Website is to stop using the Website, Information, or linked website, as applicable. If the foregoing limitations are held inapplicable or unenforceable for any reason, then the sole and exclusive maximum liability of Elemé Medical to you for all damages, losses and causes of action, whether in contract, tort (including, without limitation, negligence) or otherwise shall be limited to the greater of the actual amount paid by you for any products or services offered on the Website or U.S. $10.00.

12. Indemnification.
You agree to indemnify, defend and hold Elemé Medical, our affiliates, licensors, service providers, advertisers and sponsors, and our and their directors, officers, employees, consultants, agents and other representatives, harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys’ fees) and other expenses that arise directly or indirectly out of or from (a) your breach of these Terms of Use, including any violation of the Code of Conduct, above; and/or (b) your activities in connection with the Website.

13. Contacting Elemé Medical Regarding the Website.
This Website is provided by Elemé Medical. Should you have any questions, comments or complaints regarding the Terms of Use or the Website, please contact us at: info@elememedical.com/603-816-1920/10 Al Paul Lane, Merrimack, NH 03054.

14. Notice for California Users.
Under California Civil Code Section 1789.3, California Website users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210.

15. Miscellaneous.
These Terms of Use are governed by and construed in accordance with the laws of the State of New Hampshire, United States of America, without regards to its principles of conflicts of law. You agree to submit to the exclusive jurisdiction of any State or Federal court located in the County of Merrimack, New Hampshire, United States of America, and waive any jurisdictional, venue or inconvenient forum objections to such courts. If any provision of these Terms of Use is found to be unlawful, void or for any reason unenforceable, then that provision shall be deemed ineffective to the extent of such invalidity and shall not affect the validity and enforceability of the remainder of such provision or any remaining provisions. These Terms of Use constitute the entire agreement between Elemé Medical and any user of or visitor to this Website relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements between us with respect to such subject matter.

Nothing on this Website constitutes or forms a part of any offer for sale or subscription of, or any invitation to offer to buy or subscribe for, any securities or other financial instruments, nor should it or any part of it form the basis of, or be relied upon in any connection with any contract or commitment whatsoever. It is not intended to be relied upon by you in making (or refraining from making) any specific investment or other decisions.

16. Access By Minors.
If you are under the age of eighteen, you may use this Website only with the consent and under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Use. If you are a parent or legal guardian agreeing to these Terms of Use on behalf of a child under the age of eighteen, you agree that you are fully responsible for use of this Website by that child, including any financial charges that the child may incur through use of the Website. Please note that we do not knowingly collect personally identifiable information from children (defined herein as minors younger than thirteen years of age). If you are under the age of thirteen, please do not submit any personally identifiable information via this Website.

Last update: 11/19/08