Terms of Use

READ CAREFULLY BEFORE USING THIS SITE

Last Modified: January 1, 2017

1. Acceptance of Terms of Use; Changes to Terms of Use

Welcome to the web sites operated by Lumendi Ltd., its subsidiaries and affiliates (collectively, “Lumendi,” “we,” “us,” or “our”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms of Use”), govern your access to and use of our web sites, including any content (which includes text, graphics, images and other information), functionality and services offered on or through our web sites (all of which are collectively called our “Website”).

The materials on our Website are provided by Lumendi as a service to its customers, visitors, users or investors and may be used for informational purposes only. Please read the Terms of Use carefully before you start to use the Website. By accessing or downloading any materials from or using our Website, you agree to be bound and abide by these Terms of Use and our Privacy Policy, found at [INSERT URL], and incorporated herein by reference. Single copies of these Terms of Use may be downloaded subject to the provisions below. If you do not agree to these Terms of Use or our Privacy Policy, do not use or access the Website or download any materials from it. If you object to any material found on the Website, please bring your concerns to the attention of Lumendi at support@lumendi.com. Lumendi reserves the right to remove any material at any time from our Website.

You affirm that you are more than 18 years of age and are fully able and competent to enter into these Terms of Use; otherwise, please exit the Website.

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Website thereafter. Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page each time you access the Website so you are aware of any changes, as they are binding on you.

2. No Warranties

YOUR USE OF THE WEBSITE, ITS CONTENT OR ANY SERVICE OBTAINED ON OR THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OBTAINED ON OR THROUGH THE WEBSITE ARE PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” BASIS. LUMENDI HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NEITHER LUMENDI NOR ANY PERSON ASSOCIATED WITH LUMENDI MAKES ANY REPRESENTATION OR WARRANTY WITH RESPECT TO THE ACCURACY, COMPLETENESS, CURRENCY, RELIABILITY, SECURITY, QUALITY OR AVAILABILITY OF THIS WEBSITE OR ANY CONTENT AVAILABLE ON OR THROUGH THIS WEBSITE. LUMENDI MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ARE RESPONSIBLE FOR TAKING ALL PRECAUTIONS NECESSARY TO ENSURE THAT ANY CONTENT YOU MAY OBTAIN FROM THIS WEBSITE IS FREE OF VIRUSES AND ANY OTHER POTENTIALLY DESTRUCTIVE COMPUTER CODE.

3. Limitation of Liability

YOU AGREE THAT NEITHER LUMENDI NOR ANY PERSON ASSOCIATED WITH LUMENDI SHALL BE LIABLE FOR ANY DAMAGE RESULTING FROM YOUR USE OR INABILITY TO USE THIS WEBSITE, ANY WEB SITES LINKED TO THIS WEBSITE, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEB SITES OR ANY SERVICES OR ITEMS OBTAINED ON OR THROUGH THE WEBSITE OR SUCH OTHER WEB SITES. THIS PROTECTION INCLUDES CLAIMS BASED ON WARRANTY, CONTRACT, TORT, STRICT LIABILITY AND ANY OTHER LEGAL THEORY RELATED TO LUMENDI AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CUSTOMERS, AND SUPPLIERS MENTIONED ON THIS WEBSITE. THIS PROTECTION COVERS ALL LOSSES INCLUDING, WITHOUT LIMITATION, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, AND PUNITIVE DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, LOST PROFITS, AND DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION.

4. Disclosure Regarding Medical Advice

THIS WEBSITE IS NOT DESIGNED TO, AND DOES NOT, PROVIDE MEDICAL ADVICE. Lumendi does not practice medicine or provide medical services or advice, and any content or services obtained through this Website should not be considered medical advice. All content or services obtained available on or through this Website are for general informational purposes only. The content of this Website is not intended to be a substitute for professional medical advice, diagnosis or treatment. You should always talk to your health care professional for diagnosis and treatment. We may include certain information, reference guides and databases intended for use by licensed medical professionals. These tools are not intended to give professional medical advice. Physicians and other health care providers should always exercise their own clinical judgment for any given situation. This Website contains information about products and therapies that we may seek authorization to sell in the United States of America, countries in the European Union, and other countries, and is intended for audiences in such countries. If you live outside such countries, you may see information on this Website about products or therapies that may not be available or authorized in your country. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE, OR DELAY IN SEEKING IT, BECAUSE OF SOMETHING YOU HAVE READ ON THIS WEBSITE. NEVER RELY ON INFORMATION ON THIS WEBSITE IN PLACE OF SEEKING PROFESSIONAL MEDICAL ADVICE.

LUMENDI IS NOT RESPONSIBLE OR LIABLE FOR ANY ADVICE, COURSE OF TREATMENT, DIAGNOSIS OR ANY OTHER INFORMATION, SERVICES OR PRODUCTS THAT YOU OBTAIN THROUGH THIS WEBSITE. RELIANCE ON ANY INFORMATION ON THIS WEBSITE IS SOLELY AT YOUR OWN RISK.

You are encouraged to confer with your doctor with regard to information obtained on or through this Website.

Lumendi does not recommend or endorse any specific tests, products, procedures, opinions, physicians or other medical professionals, clinics or other information that may be mentioned or referenced on this Website.

5. Intellectual Property Rights.

This Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by Lumendi, its licensors or other providers of such material, and are protected by copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website, except your computer may temporarily store copies of such materials incidental to your accessing and viewing those materials, and you may access, view e-mail, download, or print copies of the materials on this Website, but only for your personal, noncommercial use in accordance with these Terms of Use. When you e-mail, download, or print a copy of the materials on this Website, you must also include all copyright and other notices that are in the materials. If you print, copy, modify, download or otherwise use or access any part of the Website in breach of these Terms of Use, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted in these Terms of Use are reserved by Lumendi. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

“Lumendi”, “DiLumen”, the Lumendi logo and all related names, logos, product and service names, designs and slogans are trademarks of Lumendi or its licensors. You must not use such marks without the prior written permission of Lumendi. All other names, logos, product and service names, designs and slogans on the Website are the trademarks of their respective owners.

6. Prohibited Uses

You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website: in any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software); to transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail,” “chain letter” or “spam” or any other similar solicitation; to impersonate or attempt to impersonate Lumendi, a Lumendi employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing); or to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm Lumendi or users of the Website or expose them to liability. Additionally, you agree not to: use any device, software or routine that interferes with the proper working of the Website; introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful; attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website; or otherwise attempt to interfere with the proper working of the Website.

7. Links to Web Sites.

You are hereby granted a non-exclusive, limited, and revocable license to link to this Website. Lumendi reserves the right to revoke this license generally, or your right to use specific links, at any time. If Lumendi revokes this license, you agree to remove and disable any and all of your links to this Website immediately. You agree not to present the link to this Website in such a way that it is associated with advertising or appears to be an endorsement of any organization, product, or service. You agree that the link will not appear on a web site that a reasonable person may consider obscene, defamatory, harassing, offensive, or malicious. Under no circumstances may you “frame” this Website or any of its content or copy portions of this Website.

This Website may contain links to web sites not operated by Lumendi. We provide these links for your convenience, but we do not review, control, or monitor the materials on any such web sites. These web sites may contain information about uses of Lumendi products or therapies that have not been approved in your country. We do not control or endorse this type of information. We are not responsible for the performance of those web sites or for your business dealings with them. Your use of other web sites is subject to the terms of use of those web sites, including the privacy policies of those web sites.

8. Other Rules About this Website.

In addition to the rules in these Terms of Use and the Privacy Statement, you may be subject to additional terms that may apply when you access particular services or materials on certain areas in this Website, such as when you follow a link from this Website. Please read our Privacy Statement to learn how we protect and use information that we gather through this Website. Your obligations under this section and the section entitled “No Warranties” will survive termination of these Terms of Use. If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition. If you violate these Terms of Use or the Privacy Statement in a way that causes harm to others, you agree to hold Lumendi harmless against any liability for that harm. By using this Website, you agree that the only proper jurisdiction and venue for any dispute with Lumendi, or in any way relating to your use of this Website, is in the state and federal courts in the State of New York, New York County. You further agree and consent to the exercise of personal jurisdiction in these courts in connection with any dispute involving Lumendi or its employees, officers, directors, agents, or suppliers. These Terms of Use are governed by the internal substantive laws of the State of New York, without giving effect to any choice or conflict of law provision or rule (whether of the State of New York or of any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of New York.