1. This Web Site Does Not Provide Medical Advice. The content of this Web Site is for informational purposes only, and is not intended to be a substitute for professional medial advice, diagnosis or treatment. You should consult your physician or other qualified health provider if you have questions about a medical condition. If you think you have a medical emergency, call your doctor or 911 immediately. Reliance on any information provided on this Web Site is at your own risk.
5. Copyright Notice. You will not remove or modify any copyright, trademark or other proprietary notices that we have placed in the Content. If you reproduce Content from the Web Site, as permitted by this Agreement, you must preserve any copyright, trademark or other notices contained in or associated with it.
6. Changes; Termination. We may change these Terms and Conditions, the Web Site or the Content at any time, and we may terminate your access to and use of the Web Site at any time, with or without cause, in our sole discretion.
7. Passwords. Access to and use of password protected or secure areas of the Web Site is restricted to authorized users only. You may not share your password(s), account information, or access to the Web Site. You are responsible for maintaining the confidentiality of password(s) and account information, and you are responsible for all activities that occur under your password(s) or account(s) or as a result of your access to the Web Site. You agree to notify Inflexxion immediately of any unauthorized use of your password(s) or account(s).
8. Disclaimer. The Web Site and Content are provided “AS IS.” We, to the fullest extent permitted by law, disclaim all warranties of any kind (express, implied or otherwise) regarding the Web Site and the Content, including but not limited to any implied warranties of merchantability, fitness for a particular purpose, ownership, and non-infringement. We do not make any warranty about the accuracy, reliability, completeness, timeliness, or quality of the Web Site or the Content. We do not warrant that the Web Site will operate without error or interruption. Inflexxion shall have no responsibility for any damage to your computer system or loss of data that results from the download or use of Content.
9. Limitations of Liability and Remedies.
(a) Your use of the Web Site and the Content is at your own sole risk. If you are dissatisfied with the Web Site or the Content, your exclusive remedy is to stop using the Web Site and the Content.
(b) In no event will we be liable to you for any direct, indirect, special, incidental, consequential, exemplary or other damages of any kind (including, without limitation, damages or costs resulting from loss of profits or business, or resulting from any error in the Content, or resulting from any decision made or action taken by you in reliance on the Content, or resulting from any unavailability of the Web Site, or resulting from harm to or loss of equipment, software or data, or resulting from any claim against you by a third party), whether in an action in contract or tort, arising out of or in connection with the Web Site or the Content, even if we are negligent or otherwise at fault, and regardless whether we are advised of the possibility of such damages.
12. Applicable Law and Jurisdiction. The Web Site (excluding links) is controlled and operated from our facilities in and around Somerville, Massachusetts. While we have made no effort to publish the Web Site elsewhere, because the Web Site is published on the World Wide Web it is accessible in all fifty states and other countries. As each of these places has laws that may differ from those of Massachusetts, and as you and we benefit from establishing a predictable legal environment in which to publish, access and use the Web Site, by accessing or using the Web Site you agree that all matters arising from or relating to the use and operation of the Web Site will be governed by the laws of the Commonwealth of Massachusetts, without regard to its conflicts of laws principles. You agree that all claims you may have arising from or relating to the operation or use of the Web Site will be heard and resolved exclusively in the United States District Court for the District of Massachusetts, or if such courts lack subject matter jurisdiction, the Superior Court for the Commonwealth of Massachusetts, Middlesex County. You hereby consent to the personal jurisdiction of such courts over you, and waive and agree not to assert any objection to proceedings in such courts (including as to lack of proper jurisdiction or venue or inconvenience of forum). If you choose to access the Web Site from a location other than Cambridge, Massachusetts, you will be responsible for compliance with all local laws of this other location.
Last updated: February 7, 2008