TERMS OF USE

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SITE.

The following terms and conditions, together with any documents expressly incorporated by reference (collectively, the “Terms”), govern your access to and use of Virence Healthcare Technologies’ (“Virence”) website (the “Site”).

Throughout these Terms, the terms “we,” “us” and “our” refer to Virence. Virence offers this Web site, including all information, tools and services available from this site, to you, the user, conditioned upon your acceptance of all the terms, conditions, policies and notices stated here. Your use of this site constitutes your agreement to these Terms.

Certain services available through the Site or otherwise available from Virence may have additional or different terms and conditions, such as end user license agreements, or other agreements or terms, that apply to your access or use of such Sites (hereinafter “Additional Terms”). To the extent of a conflict or inconsistency between these Terms and such Additional Terms, the Additional Terms shall control with respect to your access and use of the particular service to which such Additional Terms apply.

Accuracy, Completeness and Timeliness of Information on This Site

Virence is not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on the site. You agree that it is your responsibility to monitor changes to the site, including changes to these Terms.

Intellectual Property Rights

You acknowledge that as between you and Virence, Virence owns all rights title and interests in and to the Site, including all Intellectual Property therein. Virence retains all rights, title, and interests in and to the Site, including all Intellectual Property related thereto, and nothing in the Terms will confer any license to any Virence Intellectual Property by implication, estoppel, or otherwise. “Intellectual Property” means patents, copyrights, trademarks (including trade names, logos and service marks (collectively the “Marks”)) and know-how, in each case whether registered or unregistered, and including any application(s) for patents or registration for any of these, and the equivalent on a world-wide basis, and in each case all rights related thereto. You agree to abide by all additional restrictions displayed on the site as it may be updated from time to time. You may not use Virence’s Marks.

You may access, copy, download and print the material contained on the site for your personal and non-commercial use, provided you do not modify or delete any copyright, trademark or other proprietary notice that appears on the material you access, copy, download or print. Any other use of content on the site, including but not limited to the modification, distribution, transmission, performance, broadcast, publication, uploading, licensing, reverse engineering, transfer or sale of, or the creation of derivative works from, any material, information, software, products or services obtained from the site, or use of the site for purposes competitive to Virence, is expressly prohibited.

You do not have to provide feedback to Virence on its products or services, such as ideas for improvements, changes, bug fixes, workarounds, and other ideas related to current or future products or services (collectively “Feedback”), but if you do provide us with Feedback we have to be free to use it without restrictions. Therefore, if you provide Feedback, you hereby grant Virence a worldwide, perpetual, royalty-free, fully paid-up, irrevocable, nonexclusive, fully sublicensable, license, to use, reproduce, modify, adapt, translate, publish, publicly perform and display, make derivative works of, broadcast, transmit and distribute, the Feedback, for any purpose and in any form, medium, or technology now known or later developed. This includes, without limitation, the right to incorporate or implement the Feedback into any Virence product or service, new or existing, and to market, sell, offer to sell, import, sublicense and distribute the Feedback as incorporated or embedded in any product or service, in any manner, without compensation to you. You warrant that: (a) you have the right and authority to disclose Feedback to Virence, and to grant this license, and; (b) Virence’s exercise of the rights granted pursuant to this license will not infringe or otherwise violate any third party rights, including those related to Intellectual Property. Feedback may include but is not limited to ideas, software, data, and other material that may be provided to Virence related to current or future technologies, products, and services.

Infringement Notice

We respect the intellectual property rights of others and request that you do the same. If you believe your copyright or the copyright of a person on whose behalf you are authorized to act has been infringed, please provide notice to the following address info@virencehealth.com.

To be effective, your notification must (i) be in writing, (ii) be provided to the address provided above, and (iii) include substantially the following:

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;

A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Conduct on the Site

You agree not to use the Site: (i) in any way that violates any applicable federal, state, local or international law or regulation (including any laws regarding personal data privacy and security); (b) infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person; (c) transmit or upload any content which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable; (d) promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; (e) for the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise, (f) 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; (g) to impersonate or attempt to impersonate Virence, a Virence employee, another user of the Site or any other person or entity (including by using e-mail addresses or registration names associated with any of the foregoing); (h) to engage in any other conduct that restricts or inhibits anyone’s use or access of the Site, or which, as determined by Virence, may harm Virence or other users of the Site or expose them to liability; or (i) to promote any illegal activity, or advocate, promote or assist any unlawful act.

In addition, in using the Site, you shall not: (i) 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, including their ability to engage in real time activities through the Site; (ii) 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; (iii) use any manual process to monitor or copy any of the material on the Site or for any other unauthorized purpose without Virence’s prior written consent; (iv) use any device, software or routine that interferes with the proper working of the Site; (v) introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful; (vi) attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer or database connected to the Site; (vii) attack the Site via a denial-of-service attack or a distributed denial-of-service attack; or (viii) otherwise attempt to interfere with the proper working of the Site.

Disclaimer of Warranties

THE INFORMATION CONTAINED ON THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS ONLY. YOU EXPRESSLY AGREES THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, VIRENCE MAKES NO AND HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR USE OR PURPOSE. VIRENCE DOES NOT WARRANT THAT THE SITE AND INFORMATION LOCATED ON VIRENCE’S WEBSITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, VIRENCE DISCLAIMS ANY WARRANTY THAT THE SITE WILL BE AVAILABLE AT ALL TIMES OR WILL OPERATE WITHOUT INTERRUPTION OR ERROR. VIRENCE MAKES NO WARRANTY AS TO THE RELIABILITY, ACCURACY, TIMELINESS, USEFULNESS, ADEQUACY, COMPLETENESS OR SUITABILITY OF THE INFORMATION PROVIDED ON THE SITE. VIRENCE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM OR RELATED TO YOUR USE OF THE INFORMATION CONTAINED ON THE SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES EVEN IF VIRENCE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF SUCH DAMAGES WERE FORESEEABLE. THE FOREGOING LIMITATIONS SHALL APPLY EVEN IF ANY WARRANTY IN THIS AGREEMENT FAILS ITS ESSENTIAL PURPOSE. THE PROVISIONS OF THIS AGREEMENT FAIRLY ALLOCATE THE RISKS BETWEEN VIRENCE AND YOU. IF APPLICABLE LAW LIMITS THE APPLICATION OF THE FOREGOING, VIRENCE’S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMISSIBLE. FOR THE AVOIDANCE OF DOUBT, VIRENCE’S LIABILITY LIMITS AND DISCLAIMERS SET FORTH HEREIN APPLY EQUALLY TO VIRENCE’S AFFILIATES, SUPPLIERS, ADVERTISERS, AGENTS, SPONSORS, DIRECTORS, OFFICERS, EMPLOYEES, MEMBERS, CONSULTANTS, AND OTHER REPRESENTATIVES.

Hold Harmless

You agree to indemnify, defend and hold harmless Virence and its suppliers and their respective affiliates, employees, officers, directors, agents, servants and representatives of each from any liability, loss, claim, suit, damage, and expense (including reasonable attorneys’ fees and expenses) related to your use of the Site or violation of these Terms.

Applicable Law and Disputes

The laws of the State of New York govern these Terms of Use and your use of the site, and you irrevocably consent to the jurisdiction of the courts located in the County of New York for any action arising out of or relating to these Terms of Use. We recognize that it is possible for you to obtain access to this site from any jurisdiction in the world, but we have no practical ability to prevent such access. This site has been designed to comply with the laws of the State of New York and of the United States. If any material on this site, or your use of the site, is contrary to the laws of the place where you are when you access it, the site is not intended for you, and we ask you not to use the site. You are responsible for informing yourself of the laws of your jurisdiction and complying with them.

Third Party Web Sites, Content, Products and Site

The Site may provide links to Websites and access to Content, products and services of third parties (“Third Party Content”), including users, advertisers, affiliates and sponsors of the Site. Virence is not responsible for Third Party Content provided on or through the Site or for any changes or updates to same. THIRD PARTY CONTENT IS OFFERED AS-IS, WITH NO WARRANTIES, AND YOU BEAR ALL RISKS ASSOCIATED WITH THE ACCESS TO, AND USE OF, SUCH THIRD PARTY CONTENT.

Other Miscellaneous Provisions

The Terms constitute the sole and entire agreement between you and Virence with respect to the Site and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Site.

Virence reserves the right to modify the Terms at any time at its sole discretion without notice, by updating these Terms on the Site. The most current Terms may be found by clicking on the Terms of Use link on Virence’s website. Your continued use of the Site following any change in the Terms indicates your assent to the then current Terms. Virence may terminate your right to use the Site without notice for any reason.

If you have any questions or comments about these Terms or the site, please contact us by e-mail at the following address:

These Terms are effective unless and until modified, as noted above, or terminated, at any time, by Virence. If, in the sole discretion of Virence, you fail to comply with these Terms, Virence may your right to access the Site without notice. The Terms are severable to the extent any term is deemed invalid, illegal or unenforceable. Virence’s failure to enforce any provision of the Terms shall not be deemed a waiver of that or any other provision of the Terms.