Terms of Use for the AgaMatrix Website

Welcome to the AgaMatrix Website. These Terms of Use will govern your access to and use of this Website. PLEASE READ THESE TERMS OF USE CAREFULLY, BECAUSE ACCESS TO OR USE OF THIS SITE CONSTITUTES ACCEPTANCE OF THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS OR USE THIS WEBSITE. These Terms of Use were last updated on June 10, 2015. AgaMatrix, Inc. (“AgaMatrix” or “The Company”) reserves the right to change these Terms of Use at any time, and you should check these Terms on each visit to this Website. Access to or use of this Website constitutes acceptance of the most recent version of the Terms of Use.


1. Disclaimer

The AgaMatrix Website is offered as a service to provide general information about the products and services of AgaMatrix. AgaMatrix does not practice medicine or provide medical services or advice, and the information on this Website is not to be construed as medical, legal, investment or other advice. You should consult your healthcare professionals for medical advice and other advisors as appropriate.


2. Permission to Use the AgaMatrix Website

Subject to these Terms of Use, you may not download or reprint text, images, graphics and other materials (“content”) for any purpose. If you violate any of these Terms of Use, AgaMatrix may revoke its permission for you to access and use this Website.


3. Intellectual Property Rights in the AgaMatrix Website and its Content

All content on the AgaMatrix Website is the property of AgaMatrix or is licensed to AgaMatrix, and is protected by United States and international patent and copyright laws. When you download or print content, all accompanying copyright, trademark and other proprietary notices should be retained. Title to the Website and its content remains with AgaMatrix or its licensors, and all rights not expressly granted are reserved.

The trademarks of AgaMatrix™ and logos and other proprietary marks of AgaMatrix, Inc. or its affiliated companies, licensors and partners are trademarks of AgaMatrix or its affiliated companies, licensors and partners. This Agreement does not grant you any right, title or interest in those marks.

Apple, the Apple logo, and iPhone are trademarks of Apple Inc., registered in the U.S. and other countries. App Store is a service mark of Apple Inc.

Android and Google Play are trademarks of Google Inc.


4. Limited Linking License for Other Websites

Commercial and other websites may include a link to AgaMatrix’s Website (www.agamatrix.com) with written permission from AgaMatrix Inc., and so long as the link complies with the following:

a. links to AgaMatrix’s homepage at www.agamatrix.com and does not frame any AgaMatrix Website content;

b. states that the link will lead to the Website of “AgaMatrix, Inc.;” and

c. does not falsely represent or suggest any relationship between the linking Website or the linking sponsor’s products or services and AgaMatrix (including suggestions of affiliation or endorsement), unless such a relationship exists and the statement describing the relationship has been expressly permitted by AgaMatrix.

AgaMatrix reserves the right to revoke this license to use specific links at any time. If AgaMatrix revokes this license, you agree to immediately remove all links to this Website.


5. Third Party Sites

This Website may contain links to other websites for your convenience, but AgaMatrix does not monitor or control the content of other websites. By providing access to other websites, AgaMatrix is not endorsing products or services offered by any other entity and is not recommending the purchase or sale of the stock issued by any company. AgaMatrix disclaims all liability for the content of any website that may be linked to the AgaMatrix Website via hyperlink, whether such hyperlink is provided by AgaMatrix or by another entity. Your use of linked websites is subject to the terms of use of those websites.


6. Restrictions

You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the AgaMatrix Website, or any other customer of AgaMatrix, or exploit the AgaMatrix Website or its content in any way where the purpose is to reveal any personal identification or information, other than your own information. You agree not to use any device or routine to interfere or attempt to interfere with the proper working of, or any other person’s use of, the AgaMatrix Website. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the AgaMatrix Website or AgaMatrix’s systems or networks, or any connected systems or networks.


7. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE AGAMATRIX WEBSITE AND THE CONTENT MADE AVAILABLE ON IT ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. AGAMATRIX MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE ACCURACY, COMPLETENESS, CURRENCY OR RELIABILITY OF CONTENT AVAILABLE THROUGH THIS WEBSITE, OR AS TO THE USE OF THIS WEBSITE BEING UNINTERRUPTED OR ERROR-FREE. You are responsible for all risk for your access and use of this Website, including without limitation, for taking all precautions necessary to ensure that any content you may obtain from this Website is free from viruses and any other potentially destructive computer code.


8. Limitation of Liability

To the maximum extent permitted by applicable law, under no circumstances will AgaMatrix, or any person or entity associated with AgaMatrix, be liable for any losses, expenses or damages whatsoever, whether in contract, tort (including without limitation, negligence) or otherwise, including without limitation reasonable attorneys’ fees (“Damages”) from the use of, inability to use, or reliance on, or any error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communications line failure, theft, destruction or unauthorized access to, or alteration of, the AgaMatrix Website or its content, including without limitation, any liability for Damages to your computer hardware, data, information or business and any liability for special or consequential Damages, even if AgaMatrix or an AgaMatrix authorized representative has been advised of the possibility of such Damages.

In no event will AgaMatrix’s total liability to you for Damages exceed the amount you paid, if any, for accessing the AgaMatrix Website. If you live in a state that does not allow the limitation or exclusion of liability or damages, the above limitation or exclusion may not apply to you. All claims and representations presented in the AgaMatrix Website are intended to be forward-looking and are qualified by important factors.


9. Privacy Policy

AgaMatrix respects your right to privacy. AgaMatrix will use any personal information collected by the AgaMatrix Website in accordance with AgaMatrix’s Privacy Policy located at www.agamatrix.com/privacy-policy/.


10. Your Comments and Suggestions

We appreciate comments and suggestions from visitors to the AgaMatrix Website. However, any information you submit through this Website will be considered non-personal, non-confidential and non-proprietary (other than personal information as defined in AgaMatrix’s Privacy Policy). You hereby grant and will grant to AgaMatrix an unrestricted, royalty-free, irrevocable right to use, reproduce, display, perform, create derivative works of, transmit and distribute your comments and suggestions in any medium and for any purpose.


11. General Terms

AgaMatrix reserves the right to change these Terms of Use or the Website content and to discontinue Website availability at any time without notice. If any provision of these Terms of Use is determined to be invalid by any court having competent jurisdiction, the other provisions will remain in full force and effect. The laws of the State of New Hampshire and the federal laws of the United States will exclusively govern these Terms of Use. You agree that the only proper venue for any dispute will be the Superior Court of New Hampshire or the United States District Court for the District of New Hampshire, and you consent and submit to the personal jurisdiction of those courts for the purposes of litigating any such dispute. Sections 1, 3, 7, 8, 10 and 11 will survive any termination of these Terms of Use. You agree to hold AgaMatrix and its licensors harmless from all losses, expenses and damages, including without limitation reasonable attorneys’ fees, resulting from or relating to any information you provide or your violation of these Terms of Use or the Privacy Statement. These Terms of Use are the sole agreement between you and AgaMatrix relating to the subject matter herein.

 

Trademark Usage Guidelines

AgaMatrix, Inc.’s (“AgaMatrix” or the “Company”) trademarks and logos (collectively “trademarks”) are of great value and importance in identifying AgaMatrix as a source of high quality products and services. Proper use of the trademarks is important. In general, any use of AgaMatrix trademarks requires the prior written permission of AgaMatrix. Use of the trademarks by AgaMatrix licensees and other permitted users must conform to these guidelines.

1. AgaMatrix trademarks should always be used with the correct form of notice of registration. The correct notice to be used in association with trademarks depends on whether or not the mark is registered in the applicable jurisdiction. If it is not registered, the notice or the word “trademark” or the symbol “™,” or “℠” should be used in association with the trademark or service mark. If it is registered in the applicable jurisdiction, the “®” should be used. These notices should be placed adjacent to the trademark and be given on all advertising materials, and on product labeling, computer screens, and other uses. Where a trademark is used more than once in a single display, the notice should be placed at the first or most prominent use of the trademark.

2. In addition, the following legend should appear on each document, page, or advertisement in which a AgaMatrix trademark is displayed: AgaMatrix™, WaveSense™, KeyNote™, 1 – 2 – 3™, Zero – Click™, For Safer, More Accurate Results™, Our Friends with Diabetes™, Wave 1™, Wave 2™, Wave 3™ is/are a trademark(s) of AgaMatrix, Inc. in the U.S. and in other international jurisdictions, as appropriate.

3. The trademarks should be used as adjectives and in general should always be accompanied by the generic name of the associated product or service. The trademarks should not appear with a word or portion of the mark omitted or changed.

4. Advertising for AgaMatrix or its products or services, and any use of the AgaMatrix trademarks in any advertising, promotion or collateral must not be in violation of any applicable law, municipal ordinance or administrative agency regulation of any country.

5. Advertising for AgaMatrix or its products or services must not be misleading in any way. Licensees and other permitted users may not display any AgaMatrix trademark in a way that implies affiliation, sponsorship or endorsement by AgaMatrix. Unless otherwise agreed to in writing, no representations or warranties concerning any AgaMatrix product or service should be made under any AgaMatrix trademark.

6. When a trademark is used in a non-stylized form, such as in the body of text of an advertisement, it should be set apart and distinguished from the other words in the text. In order to do this, the trademark should be rendered in boldface type, italics, all capital letters, set in quotation marks, or underscored.

7. When a trademark is used and/or registered in a stylized form, (such as in a logo format), each representation of that trademark should be consistent, undistorted and clear. The logo should not be used in a size so small that any design feature of the mark is lost. In general, this will mean that the logo must appear by itself, in a reasonable size, with reasonable spacing (at least the height of the logo) between each side of the logo and other graphic or textual element.


Digital Millennium Copyright Act Notice

AgaMatrix respects the intellectual property of others. AgaMatrix may, in appropriate circumstances and at its sole discretion, terminate the access of users who infringe the copyright or intellectual property rights of others.

If you believe that your work has been copied and is accessible at this Website in a way that constitutes copyright infringement, or that this Website contains links or other references to another online location that contains material or activity that infringes your copyright rights, you may notify us by providing our copyright agent the information required by the U.S. Online Copyright Infringement Liability Limitation Act of the U.S. Digital Millennium Copyright Act, 17 U.S.C. §512.

Our agent for notice of claims of copyright infringement on or regarding this Website can be reached as follows: