Terms of Service

Terms and Conditions Governing the Use of the Infraredx, Inc. Website

Introduction
Welcome to the Infraredx website ("website"). Infraredx, Inc. ("Infraredx") created and maintains this website to provide information to and communicate better with physicians, patients, investors, and others who may be interested in learning more about Infraredx and the products and services it offers. You may use this website, provided you comply with these terms and conditions.
In addition to these terms and conditions you should also read and be aware of the provisions of our Privacy Policy, which discloses Infraredx practices regarding the collection and use of your personal information, and other policies that govern other parts or our website.

Your Acceptance of These Terms and Conditions
Please take a few minutes to carefully review these terms and conditions. By accessing and using this website you agree to follow and be bound by these terms and conditions. If you do not agree to follow and be bound by these terms and conditions, you may not access, use or download materials from this website.

These Terms and Conditions May Change
Infraredx reserves the right to update or modify these terms and conditions at any time without prior notice. Your use of this website following any such change constitutes your agreement to follow and be bound by the terms and conditions as changed. For this reason, we encourage you to review these terms and conditions every time you use this website.

These terms and conditions were last revised on September 1, 2010.

Copyright Notice and Limited License
Everything you see and hear on this website (the "Content"), including, for example, all of the text, directories, photographs, illustrations, graphics, audio clips, video clips, and audio-video clips, is copyrighted under United States law and applicable international copyright laws and treaty provisions. The copyrights in the Content are owned by Infraredx or by one of its affiliates, or by third parties who have licensed their materials to Infraredx. The entire Content of this website is copyrighted as a collective work under United States law and applicable international copyright laws and treaties. Infraredx owns the copyright in the selection, coordination, arrangement and enhancement of the Content. You may download, store, print, and copy selected portions of the Content of this website, provided you:
•   Only use the Content you download for your personal, noncommercial use or to further your business dealings with Infraredx
•   Do not publish or post any part of the Content on any other Internet site without obtaining the prior written consent of Infraredx
•   Do not publish or broadcast any part of the Content in or on any other media without obtaining the prior written consent of Infraredx
•   Do not modify or alter the Content in any way or delete or modify any copyright or trademark notices or notices of confidentiality
No right, title or interest in the downloaded Content is transferred to you when you download Content from this website. Infraredx reserves all intellectual property rights in any Content you download from this website. Except as expressly stated above, you may not copy, download, print, publish, display, perform, distribute, transmit, transfer, translate, modify, add to, update, compile, abridge or in any other way transform or adapt all or any part of the Content without first obtaining written permission from Infraredx.

If you think that any of the Content on this website infringes a copyright, trademark, patent or other right of another party, please contact us.

Trademark Notice
All of the trademarks, service marks and logos displayed on this website (the "Trademark(s)") are registered and unregistered trademarks of Infraredx, one of its affiliates, or third parties who have licensed their Trademarks to Infraredx or one of its affiliates. Except as expressly stated in these terms and conditions, you may not reproduce, display or otherwise use any Trademark without first obtaining Infraredx written permission.

Unsolicited Ideas
Infraredx welcomes your comments and feedback regarding this website. All information and materials, including comments, ideas, questions, designs, and the like, submitted to Infraredx through this website will be considered NON-CONFIDENTIAL and NON-PROPRIETARY. For this reason, we ask that you not send us any information or materials that you do not wish to assign to us, including any confidential information or any original creative materials such as product ideas, computer code, or original artwork. By submitting information or materials to Infraredx through this website, you assign to Infraredx, free of charge, all worldwide rights, title and interest in all copyrights and other intellectual property rights in the information or materials you submit. Infraredx will be entitled to use any information or materials you submit through this website for any purpose whatsoever subject to our Privacy Policy, without restriction and without compensating you in any way.

Links to Other Websites
This site may contain hyperlinks to websites that are not operated by Infraredx. These hyperlinks are provided for your reference and convenience only, and do not imply any endorsement of the material or services provided on these third-party websites or any association with their operators. Infraredx does not review or control these websites and is not responsible for their content. Infraredx expressly disclaims any responsibility for the content of any third party websites linked to our website or the products or services of such third party. These third-party websites (and the websites to which they link) may contain information that is inaccurate, incomplete, or outdated. Infraredx does not make any representations regarding the content or accuracy of materials on such non-Infraredx websites or the products or services of any third party operating such websites. You access and use these websites (and the websites to which they link) solely at your own risk.

Global Availability
Because different countries around the world have different laws and regulatory requirements, some medical devices and treatments are available in some countries and not in others. This website contains references or cross references to Infraredx products, programs and services that may not available or announced in your country. These references do not imply that Infraredx intends to announce such products, programs or services in your country. Consult your local Infraredx sales representative or contact Infraredx if you have questions about which products, programs and services may be available to you.

Not a Substitute for Medical Advice
The information provided on this website is not intended nor recommended as a substitute for professional medical advice. Always seek the advice of your physician or other qualified health provider regarding any medical condition or treatment. Nothing contained on this website is intended to be for medical diagnosis or treatment.

DISCLAIMER OF WARRANTIES
THIS WEBSITE IS PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT POSSIBLE PURSUANT TO APPLICABLE LAW, Infraredx AND ITS AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. WITHOUT LIMITING THE FOREGOING, Infraredx DOES NOT REPRESENT OR WARRANT THAT THIS WEBSITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION OR THAT ITS OPERATION WILL BE UNINTERRUPTED OR ERROR FREE. Infraredx DOES NOT REPRESENT OR WARRANT THAT THE CONTENT OF THIS SITE IS FREE OF VIRUSES, WORMS OR OTHER CODE THAT MAY MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES. IF YOUR USE OF THE WEBSITE OR THE MATERIALS RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, Infraredx IS NOT RESPONSIBLE FOR THOSE COSTS. USERS ARE RESPONSIBLE FOR PROTECTING THEMSELVES BY INSTALLING, UPDATING AND RUNNING ANTI-VIRUS PROGRAMS. INFORMATION PUBLISHED ON THIS WEBSITE MAY BE INCOMPLETE OR OUTDATED AND MAY CONTAIN INACCURACIES OR TYPOGRAPHICAL ERRORS. Infraredx DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, VALIDITY, ACCURACY, CURRENCY, RELIABILITY OR COMPLETENESS OF, OR THE RESULTS OF THE USE OF, OR OTHERWISE RESPECTING THIS WEBSITE OR ANY INFORMATION, MATERIALS, SERVICES, SOFTWARE, TEXT, GRAPHICS AND LINKS CONTAINED ON OR ACCESSED THROUGH THIS WEBSITE. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU. Infraredx MAKES NO CLAIMS THAT THE MATERIALS ARE APPROPRIATE OR MAY BE DOWNLOADED OUTSIDE OF THE UNITED STATES. ACCESS TO THE MATERIALS MAY NOT BE LEGAL BY CERTAIN PERSONS OR IN CERTAIN COUNTRIES. IF YOU ACCESS THE WEBSITE FROM OUTSIDE OF THE UNITED STATES, YOU DO SO AT YOUR OWN RISK AND ARE RESPONSIBLE FOR COMPLIANCE WITH THE LAWS OF YOUR JURISDICTION.
LIMITATION OF LIABILITY
YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK. UNDER NO CIRCUMSTANCES, SHALL Infraredx, ITS AFFILIATES OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY DIRECT OR INDIRECT LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THIS WEBSITE OR YOUR RELIANCE ON ANY INFORMATION PROVIDED ON THIS WEBSITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND WHATSOEVER, WHETHER DIRECT OR INDIRECT, GENERAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, LOSS OF DATA, REVENUE OR PROFITS. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER BASIS AND EVEN IF AN AUTHORIZED REPRESENTATIVE OF Infraredx OR ITS AFFILIATES HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF Infraredx AND/OR ITS AFFILIATES UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED ($100.00) DOLLARS.
Indemnification
YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS Infraredx, ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, FROM AND AGAINST ANY CLAIMS, ACTIONS OR DEMANDS, INCLUDING WITHOUT LIMITATION, REASONABLE LEGAL AND ACCOUNTING FEES, RESULTING FROM YOUR USE OF THE MATERIALS (INCLUDING SOFTWARE) OR YOUR BREACH OF THE TERMS OF THIS AGREEMENT. Infraredx SHALL PROVIDE NOTICE TO YOU PROMPTLY OF ANY SUCH CLAIM, SUIT OR PROCEEDING OF WHICH IT RECEIVES NOTICE AND SHALL ASSIST YOU, AT YOUR EXPENSE, IN DEFENDING ANY SUCH CLAIM, SUIT OR PROCEEDING.
Termination
If we offer member only access to one or more sections of this website, you agree that we may terminate or suspend your use of the website without prior notice and acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the website. You also agree that we will not be liable to you or any third party for any termination of your access to the website.
Governing Law and Jurisdiction
This website is controlled and operated by Infraredx from its offices within the Commonwealth of Massachusetts in the United States. Any claim relating to these Terms and Conditions and/or the use of this website shall be governed by the laws of the Commonwealth of Massachusetts. By using this website, you consent to personal jurisdiction in the federal and state courts of Massachusetts for any action arising out of or relating to this website, these Terms and Conditions or your use of this website. The federal and state courts of Massachusetts shall have exclusive jurisdiction over all such actions.
Severability and No Waiver
If any provision of these Terms and Conditions is held invalid or unenforceable by any court of competent jurisdiction, the other provisions of these Terms and Conditions shall remain in full force and effect. Any provision of these Terms and Conditions held invalid or unenforceable only in part or degree will remain in full force and effect to the extent not held invalid or unenforceable. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term.
Entire Agreement
This Agreement and the Privacy Policy constitute the entire agreement between you and Infraredx with respect to your access to and/or use of this website and the Content and shall not be modified except by Infraredx as provided herein or through a written document signed by both parties. Infraredx may assign its rights and duties under this Agreement and the Privacy Policy to any party at any time without notice to or approval by you.
Certain statements made by Infraredx, Inc. that are not historical facts may be considered forward-looking statements, including, and without limitation, statements as to trends, management's beliefs, expectations and opinions which are based upon a number of assumptions concerning future conditions that ultimately may prove to be inaccurate. Such forward-looking statements are subject to risks and uncertainties and may be affected by various factors, which may cause actual results to differ materially from those forward-looking statements.

This privacy policy describes how Infraredx, Inc. will handle the personal information that you provide to us on this web site.
Personal Information
Personal Information is data that is specific to you and may identify you, such as name, e-mail address, address, or phone number. When you send us an e-mail, we may ask for your name or other contact information. Infraredx does not sell your personal information to others. We use the information you provide to answer your questions, supply you with requested information, or resolve problems. We may also use this information to better understand our customers and improve our products.
Non-Personal Information
Non-personal information is anonymous data that will not identify you. Infraredx may collect this information to learn more about how you are using our website. For example, we use technology to track how many visitors access our website, when they made their visit, and how long they spent on each page. This information allows us to compile statistics about our visitors and how they use our website.
Cookies
Cookies are a type of non-personal information. A cookie is a small piece of information which is sent to your browser and saved on your computer's hard drive. We use cookies for non-personal information such as the URL of the web site a visitor came from, or a user's navigation through the website.
Disclosure of Personal Information
Infraredx may share your personal information collected through this website with our affiliates in order to make improvements to the Infraredx website or qualify job applicants. Our affiliates will only use the information in accordance with this Privacy Policy. We will not share your personal information with unrelated third parties, except as provided in this Privacy Policy.
Infraredx and our affiliates may also share your personal information to comply with legal requirements, such as reporting to government agencies.
Children
Infraredx does not intentionally collect personal information from children under the age of 13. If you are under the age of 13, please do not give us any personal information. If you think a child has provided us with personal information, please contact us and we will make reasonable efforts to delete this information from our records.
Links to Other Sites
This Privacy Policy does not apply to websites to which we provide links. These links are provided for your reference and convenience only, and do not imply any endorsement of these third party websites, or any association with their sponsoring organizations. Please review the Privacy Policy for each website you visit.
Modifications to Site
Infraredx reserves the right to make changes to this website as new information becomes available and technological advances are made. If and when our data collection practices change, we will post those changes on this page. Please use this Privacy Policy as notification of any modifications made to our site.
QUESTIONS ABOUT OUR TERMS OF SERVICE OR PRIVACY POLICY
Contact Infraredx?Infraredx, Inc.?34 Third Avenue?Burlington, MA 01803?Phone: 781-221-0053