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    TERMS OF USE

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    By using the web site www.inflexxion.com (the “Web Site”), you are agreeing to comply with and be legally bound by the following terms and conditions related to your access and use of the Web Site and the Content provided on the Web Site (“Terms of Use”) and our Privacy Policy.  If any of these Terms of Use are unacceptable to you, do not use the Web Site.   Use of the Web Site constitutes acceptance of this agreement.

    The Web Site is an interactive health, science and technology website offered by Inflexxion, Inc. (hereinafter "Inflexxion").  As used in these Terms of Use, the terms “we,” “us” and “our” refer to Inflexxion.

    We may change these Terms of Use at any time without advance notice.  Changes will be posted at www.inflexxion.com under [“Terms of Use”].  Your use of the Web Site after any changes have been posted will constitute your agreement to the modified Terms of Use and all of the changes.  Accordingly, you should read these Terms of Use from time to time for any changes. 

     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.

    2. Permitted Uses. We grant you a non-exclusive, non-transferable, limited license to access and use the information, documents, text, images, software, and other publicly available content of the Web Site (the “Content”) solely in accordance with these Terms of Use.  Subject to these Terms of Use, you may view, download and print the Content solely for your personal, noncommercial and informational use.  

     3.  Prohibited Uses.  You agree not to reproduce, distribute, modify, post, transmit, sell or otherwise make available any of the Content.  You agree not to use the Web Site for any purpose that is unlawful or prohibited by these Terms of Use.  You may not use any robot, spider, or other automatic device, or manual process, to monitor or copy all or part of the Web Site or Content, without the prior written permission of Inflexxion.  You may not access or use the Web Site in any manner that could impair, damage or disable any Inflexxion computer system or network, or interfere with the proper working of any Inflexxion computer system or network. You may not gain, or attempt to gain, unauthorized access to any parts of the Web Site or any Inflexxion computer system or network. 

    4.  Proprietary Rights.  You acknowledge that the Web Site and the Content are the property of Inflexxion and are protected by copyright, trademark and other intellectual property laws.  Nothing in these Terms of Use or on the Web Site will be construed as granting you any right to use any trademarks, service marks and logos displayed on the Web Site, nor any right or license under any patent.  You agree not to use any name or emblem of Inflexxion, or any of its products or services, or that of its partners in any advertising or promotional materials, or to suggest any relationship between you and us, or in any manner that would infringe any of our rights.
     
    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.  DisclaimerThe 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.

     (c)  The foregoing exclusions and limitations of liability and remedies will apply, to the fullest extent permitted by law, in all actions of any kind, whether based on contract, tort, or any other legal or equitable theory.  Each of these exclusions and limitations is intended to be separately enforceable, without regard to the other exclusions and limitations, and without regard to whether any other remedy under these Terms of Use fails of its essential purpose. 

     10.  Indemnity.  You agree to indemnify and hold harmless Inflexxion, and its officers, directors, employees and agents, from and against all claims, actions, suits, damages, liabilities and costs (including, without limitation, reasonable legal fees) resulting from your breach of any provision of these Terms of Use or your use of the Web Site or the Content.

     11.  Links to Other Sites. The Web Site may contain links to third-party web sites maintained by others.  These links are provided solely as a convenience to you and not as an endorsement by us of the contents of any such third-party web sites.  We are not responsible for the content of linked third-party sites and do not make any representations regarding the contents or accuracy of materials on such sites.  If you decide to access linked third-party web sites, you do so at your own risk.  Links to other sites maintained by Inflexxion are subject to the terms of use of those sites.  

     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.

     13.  General.  If any provision of these Terms of Use is held to be invalid or unenforceable, that provision, to the extent unenforceable, will be struck, and will not affect the validity or enforceability of the remaining provisions.  Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.  These Terms of Use set forth the entire agreement between you and us with respect to the subject matter hereof.

    Last updated: February 7, 2008