PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE.
By using this site, you signify your assent to these Terms and Conditions of Use (“Terms”). If you do not agree to the Terms, do not use the Site (defined below). If you are agreeing to the Terms on behalf of a company or other entity, you represent and warrant that you have the authority to do so, that the company or entity will be responsible for all use by any individual on behalf of the company or entity, that such individual shall remain individually responsible for his or her use, and that such company or entity agrees to, and is hereby bound by the Terms, and in such a case the term “you” shall mean the individual as well as the company or entity, its affiliates, parents and subsidiaries.
1. The Site. For the purposes of the Terms, the term “Site” means, collectively, all Ultrasound AI, Inc. (“Ultrasound AI”) websites or networks (the “Site”), including any Content available through, with or related to the Site. “Content” is any material published on the Site or otherwise available through the Site, including, without limitation, any Ultrasound AI, Inc. documentation, data, blog posts, discussions, Apps, tools, clinical content, algorithms, applications, insights, results, outputs, reports, code, software, and Third Party Content and other materials or information available through the Site.
2. Terms Applicable to the Site and Specific Content. The Terms represent an agreement between you and Ultrasound AI. The Terms include all additional or different terms and conditions that may be incorporated by reference, including but not limited to Ultrasound AI’s Privacy Policy (“Additional Terms”). Third Party Content may be subject to separate terms and conditions (for example end user license agreements) and your use of such Content is conditioned upon agreeing to and complying with such terms and conditions. “Third Party Content” is Content, products and services of third parties, including, without limitation, any users, advertisers, affiliates, contributors and sponsors on the Site or otherwise included as part of the Site. In the event of a conflict or inconsistency between these terms and such Additional Terms, the specific terms in the Additional Terms applicable to the particular service or content will control.
3. No Medical Advice. Treatment for any health condition is not provided through the Site and should not be administered without a proper medical examination conducted by a medical professional considering the person’s complete and overall medical condition, history and other information. Although some of the Content and other information available on or through the Site may be provided by individuals in the medical profession, or related to healthcare, you acknowledge that the provision of such information does not create a medical professional/patient relationship, and does not constitute medical advice. Ultrasound AI, Inc. does not recommend or endorse any specific test, doctor, health care provider, medication, procedure or other information that may appear on the Site. Your use of the Site and Content is at your own risk. The Site, including, without limitation, Content, blogs, graphics, images, studies, and other information of Ultrasound AI, its licensors and other third parties, are not medical advice, and are intended for informational purposes only.
4. Limitations on Use. Conditioned upon your compliance with the Terms, Ultrasound AI, Inc. grants you a non-exclusive, limited, license to access the Site, for its intended use only, and only for your personal, noncommercial use. Your right to use the Site (including, without limitation, Content) is conditioned upon compliance with the Terms. Unless explicitly authorized by the Terms, you may not: (a) copy, modify, or make derivative works of the Site or any Content; (b) sublicense, lease, sell, rent, use or otherwise transfer or make available the Content to any third-party; (c) reverse engineer, decompile, disassemble, or attempt to derive the source code or equivalent of the Site or any Content; or; (d) remove, alter, cover, or distort any copyright or patent notices, or other proprietary attribution on or in the Site or Content.
5. Use of Your Content and Reservation of Rights.
5.1 Use of Your Content. “Your Content” means all information and materials provided by you or a third party in relation to your use of the Site, whether in electronic form or otherwise. You hereby grant Ultrasound AI, Inc. a non-exclusive, worldwide, fully paid-up, royalty-free, license to use Your Content, for the purpose of allowing Ultrasound AI, Inc. to provide its services, and to market, send email communications, develop, troubleshoot, improve, and commercially offer its services. For additional details of how we may use Your Content, please see Ultrasound AI’s Privacy Policy here.
5.2 Ultrasound AI’s Retention of Rights. You acknowledge that as between you and Ultrasound AI, Ultrasound AI, Inc. owns and retains all rights, title and interest in and to the Site and Content, including, without limitation, all Intellectual Property rights therein, and nothing in the Terms confers any license to any Content or Intellectual Property by implication, estoppel, or otherwise. “Intellectual Property” means patents, copyrights, trade secrets, trademarks (including trade names, logos and service marks and all goodwill therein (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 may not use the Marks without the prior review and written approval of Ultrasound AI.
6 Changes to the Terms. Ultrasound AI, Inc. reserves the right to modify the Terms at any time at its sole discretion without notice. The most current Terms may be found by clicking on the Terms of Service link on the Site. Your continued use of the Site, including without limitation, the Site, following any change in the Terms, indicates your assent to the then current Terms.
7. Disclaimers of Warranty. EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, ALL CONTENT IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. ULTRASOUND AI, INC. EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND WHATSOEVER, WHETHER EXPRESS OR IMPLIED, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY WITH RESPECT TO THE SERVICES AND CONTENT.. ANY CONTENT ACCESSED, DOWNLOADED OR OTHERWISE OBTAINED ON OR THROUGH THE USE OF THE SERVICES IS USED AT YOUR OWN DISCRETION AND RISK. YOU ARE RESPONSIBLE FOR BACKING UP YOUR OWN DATA AND CONTENT, INCLUDING ANY THIRD PARTY CONTENT RELATED TO YOUR USE OF THE SERVICES AND ULTRASOUND AI, INC. SHALL HAVE NO LIABILITY FOR ANY DAMAGE OR LOSS TO ANY SUCH DATA OR CONTENT OR DAMAGE OR LOSS TO YOUR COMPUTER SYSTEMS OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF CONTENT.
8. Third Party Web Sites, Content, Products and Services. The Site may provide links to other websites and access to Third Party Content. For the avoidance of doubt, all Third Party Content is subject to all restrictions, disclaimers and limitations applicable to Content. Ultrasound AI, Inc. is not responsible for Third Party Content provided on or through the Site or for any changes or updates to such Third Party Content. Ultrasound AI, Inc. does not recommend and does not endorse the content on any third-party websites. Ultrasound AI, Inc. is not responsible for the content of linked third-party sites, sites framed within the Site, third-party sites provided as search results, or third-party advertisements, and does not make any representations or warranties regarding their content or accuracy. Your use of third-party websites and content is at your own risk and subject to the terms and conditions of use for such sites. Ultrasound AI, Inc. does not endorse any product, service or treatment advertised or otherwise accessed on or through the Site.
9 Privacy Policy. Ultrasound AI, Inc. respects your privacy and has developed a policy to address privacy concerns. Any personal information you submit to Ultrasound AI, Inc. (whether through the Site or otherwise) is governed by the Ultrasound AI, Inc. Privacy Policy. Please review the terms of our Privacy Policy here.
10. Acceptable Use Policy. In order to preserve the quality and security of the Site, and out of respect for other users, you agree not to: (a) access or use the Site in any manner that could damage, disable, overburden, or impair any Ultrasound AI, Inc. accounts, the Site, computer systems, or networks hosting the Site, or other users of the Site; (b) attempt to gain unauthorized access to any parts of the Site or any Ultrasound AI, Inc. accounts, computer systems or networks; (c) interfere or attempt to interfere with the proper working of the Site or any Ultrasound AI, Inc. accounts, computer systems or networks, or; (d) use any robot, spider, scraper or other automated means to access the Site or any Ultrasound AI, Inc. accounts, computer systems or networks without Ultrasound AI’s express written permission. You further agree not to use the Site in a manner that: (a) is false or misleading; (b) is defamatory, derogatory, degrading or harassing of another or constitutes a personal attack; (c) invades another’s privacy or includes, copies or transmits another’s confidential, sensitive or personal information; (d) promotes racism, hatred or harm against any group or individual; (e) is obscene or not in good taste; (f) violates or infringes or promotes the violation or infringement of another’s rights, including Intellectual Property rights; (g) violates or promotes the violation of any applicable laws, rules or Regulations; (i) contains a solicitation of funds, goods or services, or promotes or advertises goods or services; or (j) introduces any virus, Trojan horse, or other component designed to limit or harm the functionality of the Site or any Ultrasound AI, Inc. accounts, a network or computer. Ultrasound AI, Inc. may report violators to the relevant authorities and may act under the fullest extent of applicable laws to enforce these terms.
11. Security and Password Management. Your use of the Site may require you to open an account, and if so you must complete the registration process by providing Ultrasound AI, Inc. with current, complete and accurate information as required by the applicable registration form. You may also be required to choose a password and a user name. Access to and use of password protected or secure areas of the Site are restricted to you and your authorized users only, and you are responsible for their compliance with the Terms. You agree not to share your password(s), account information, or access to the Site with any other person. You are responsible for maintaining the confidentiality of passwords and account information, and you are responsible for all activities that occur through the use of your passwords or accounts or as a result of your access to the Site. You agree to notify Ultrasound AI, Inc. immediately of any use of your passwords or accounts that you did not authorize or that is not authorized by the Terms.
12. Copyright Concerns and Procedures. If you believe any materials accessible on or from the Site infringe your copyright rights, you may request removal of those materials from the Site by contacting Ultrasound AI’s copyright agent (identified below) and providing the following information in a notarized statement under penalty of perjury, the following: (a) identification of the material that you believe to be infringing and its location in enough detail to allow Ultrasound AI, Inc. to locate and identify it. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material; (b) your name, address, telephone number and (if available) e-mail address; (c) a statement by you that you are the owner of the infringed content, and that you have a good faith belief that the complained of use is not authorized by you, your agent, or the law (including under fair use), and; (d), your signature as the copyright holder or authorized representative. In an effort to protect the rights of copyright owners, Ultrasound AI, Inc. retains the right to remove material thought to infringe another’s copyrights, and may terminate the access of any user thought to submit infringing materials, without notice, at Ultrasound AI’s sole and exclusive discretion.
13. General Terms.
13.1 Waiver and Severance. Ultrasound AI’s failure to enforce any provision of the Terms shall not constitute a waiver of such right. If any term of the Terms is found to be unenforceable, that term is to be modified to make that term legal and enforceable, and the balance of the Terms within that section, and the remainder of the Terms shall continue in full force and effect, such change to be made in a manner to maximize the enforcement of the remaining terms.
13.2 Entire Agreement. The Terms, along with any Additional Terms, represent the final agreement between the parties regarding the subject matter, and supersede all prior or contemporaneous agreements, whether written or oral.
13.3 Choice of Law and Venue. The Terms and any disputes between the parties under or relating to the Terms or Ultrasound AI, whether in contract, tort or otherwise, shall be governed by the laws of the State of Colorado, without reference to conflict of laws principles, and all legal actions must be brought in the court of competent jurisdiction within the State of Colorado, within the federal and state courts, as applicable, located in or closest to Denver, Colorado (except that Ultrasound AI, Inc. may bring an action for injunctive relief or other equitable relief in any proper jurisdiction and/or venue). The Parties hereby waive any claim of lack of jurisdiction or inconvenient forum within the venues and jurisdictions agreed to herein.
13.4 Contact Information. If you have any questions regarding the Terms, please contact Ultrasound AI, Inc. at info@ultrasoundai.com.
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