Please read these terms carefully before using our services.
Hello and welcome to the AI Health Shield, provided by Biovista (together “we” or “our”), websites (www.aihs.com and www.biovista.com, our “Site(s)“).
The Terms of Service (“Terms”) here: 1) are legally binding, 2) any access or use by you of our Site(s) mean that you understand and accept these Terms, 3) all applicable laws or statutes and regulations (“Applicable Laws“) apply to your use or access of our Site(s), and 4) can and may be revised by us at any time and for any reason and the Terms will continue to apply.
Our Privacy Policy page provides information about if and how we collect, use, store, and disclose any personal information you provide. Our Privacy Policy is also part of the Terms here.
Everything on our Site(s) and the information they contain is provided “AS IS.” We make no warranties or representations as to the accuracy of any information on our Site(s) and disclaim all warranties, express or implied, including any warranties of merchantability, fitness for a particular purpose, and non-infringement to the full extent permitted by Applicable Laws.
We will not be held responsible for any action or inaction taken that is based on any element or information on our Site(s). Further all visitors or users of our Site(s) agree that all access and use of our Site(s), is entirely at the visitor’s and user’s own risk.
Any material, information or communication that you transmit to us via our Site(s) or Internet electronic mail is transmitted by you on a non-confidential basis. We make no promise, express or implied, not to use such communication or material for any purpose whatsoever to the fullest extent permitted by Applicable Laws, including reproduction, publication, broadcast, and posting.
To the fullest extent permitted by Applicable Laws, neither us nor any of our agents or affiliates shall be liable for any direct, incidental, consequential, indirect, or punitive damages, whether based on contract tort or otherwise, even if foreseeable, arising out of any visitor’s or user’s access, use, or inability to use our Site(s), or any errors or omissions in the content of our Site(s).
Our Site(s) do not, and are not intended to, provide medical advice, nor do they provide instruction on the appropriate use of any drug, medication, procedure, or over the counter (OTC) product, or of our services or products. Your access or use of our Site(s) do not create a patient or client relationship between you and us. The information presented on our Site should not be interpreted or construed in any way as a replacement or substitution for medical advice provided by your doctor or healthcare provider.
Under no circumstances should you alter your existing medical treatment, medication regimen, or any other activities based on any information provided on our Site(s). If you require urgent care, you should contact your local emergency services immediately.
For clarity: WE SHALL NOT BE HELD RESPONSIBLE FOR ANY ACTION TAKEN THAT IS BASED ON THE INFORMATION PRESENTED ON OUR SITE(S). WE EXPRESSLY DISCLAIM ANY LIABILITY, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF OUR SITE(S), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING BUT NOT LIMITED TO RELIANCE BY ANY PARTY ON ANY CONTENT OBTAINED THROUGH THE USE OF OUR SITE(S), THE INABILITY TO USE OUR SITE(S), OR ANY ERRORS OF OMISSIONS IN THE CONTENT OF OUR SITE(S).
Also, all terms here are applicable to any of our products or services as well, which carry such disclaimers and limitations of liability.
We have no obligation to provide any visitor or user of our Site(s) with any support or maintenance in connection with our Site(s).
Our product, service and company names and logos, regardless of whether they appear in large print or with a trademark symbol, are trademarks of ours, our affiliates, related companies, or its licensors or joint venture partners, unless otherwise noted. Use, reproduction, copying, or redistribution of these trademarks without our written permission is prohibited. Neither these Terms nor your access to our Site(s)) transfer to you or any third party any rights, title or interest in or to such intellectual property rights, except for the limited access rights expressly set forth below. We and our suppliers, vendors and other agents reserve all rights not granted in these Terms. There are no implied licenses granted under these Terms.
The entire content of our Site(s), including any images, text graphics, videos, and other data, is protected by copyright. In consideration for your agreement to these Terms, we grant you a personal, non-exclusive, non-transferable license to access and use our Site(s). You may download material from our Site only for personal, non-commercial use, and our Site(s) may not be copied, distributed, downloaded, modified, reused, reposted, or otherwise exploited except as provided herein without our express written permission. It is our policy to enforce our intellectual property rights to the fullest extent permitted under law. We expressly prohibit use or misuse of these trademarks, copyrights, or other materials, except as permitted herein, and any such use or misuse may violate copyright law, trademark law, communications regulations and statutes, and other Applicable Laws.
You agree not to:
Unless otherwise indicated, any future release, update, or other addition to functionality of our Site(s) shall be subject to these Terms. All copyright and other proprietary notices on our Site(s) (or on any content displayed on our Site(s)) must be retained on all copies thereof.
In addition, in order for us to deliver to you our products and services, you agree to grant us a non-exclusive perpetual and world-wide right to use the data you provide to us under the Terms here. Please see our Privacy Policy page for how your data is to be used and protected.
Anything you post, upload or transmit through or to our Site (“Information“) is your sole choice to do so and your sole responsibility. We may at our sole and absolute discretion at any time and without notice to you or anyone, cause to be removed, remove, or decline to display any Information on our Site(s). You hereby grant to us free of charge and on a non-exclusive basis, a perpetual, royalty free, transferable license to use any Information you transmit or upload to us or on our Site(s), in and on any media, including the right to modify and adapt the Information. You warrant that any Information transmitted through, or uploaded to, our Site(s) complies with these Terms and you will be liable to us for any loss or damage we suffer as a result of a breach of this warranty.
To the fullest extent permitted by Applicable Laws, we accept no responsibility for any Information.
Our Site(s) may include hyperlinks to websites, plug-ins and applications maintained or controlled by other third parties. We disclaim any responsibility for and do not routinely screen, approve, review, or endorse the contents of or use of any of the products or services that may be offered through these websites, plug-ins and applications.
The Terms here and their provisions operate separately and independently. Even if one or more are found to be contrary to law by a court of competent jurisdiction, all remaining Terms and provisions will remain in full effect and force.
If you are based within the United States of America, the laws of Colorado, U.S.A. will apply. If you are based anywhere else in the world, the laws of the European Union will apply.
You agree, to the maximum extent permitted by Applicable Laws, to indemnify, defend, and hold harmless us, our officers, directors, employees, agents, trustees, subsidiaries, parent companies, and affiliates (the “Indemnitees”) from and against all third party complaints, charges, claims, losses, expenses, damages, costs, liabilities, and expenses (including, but not limited to, reasonable attorneys’ fees) due to, arising out of, or relating in any way to: (1) your access to or use of, or inability to access or use, our Site(s); (2) your breach of these Terms, in each case unless caused by such Indemnitee’s misrepresentation, gross negligence, willful misconduct, or fraud; or (3) your violation of Applicable Laws. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defense. You agree not to settle any matter without our prior written consent. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
These Terms are effective unless and until terminated by us at our sole discretion and timing, and may as a result deny you access to our Site(s). We will not have any liability whatsoever to you for any termination of your rights under these Terms.
Any communications between you and us use electronic means, whether you use our Site(s) or send us emails, or whether we post notices on our Site(s) or communicate with you via email. For contractual purposes, you (a) consent to receive communications from us in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if they were in a hardcopy writing. The foregoing does not affect your non-waivable rights.
We reserve the right to refuse service for any reason, or to terminate service for any reason after started. If we terminate service after it has started, we will refund 100% of your payment.
These Terms constitute the entire agreement between you and us regarding access and use of our Site(s). If we ever fail to exercise or enforce any right or provision of these Terms this shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation”. Neither we nor you are an agent or partner of the other. These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without our prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. We may freely assign these Terms. The terms and conditions set forth in these Terms shall be binding upon assignees.
Biovista, Inc.
By email: aihealthshield@biovista.com