Terms of Use - Gliknik

TERMS OF USE

Gliknik Inc. (“Gliknik”) maintains this website (“Site”) as a service to its clients and the general public. The following terms and conditions govern your access to and use of the Site, including any content, functionality and services offered on or through the Site.

ACCEPTANCE OF TERMS

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE USING THE SITE. By accessing and using the Site, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, which is incorporated by reference into these Terms of Use and may be viewed at Privacy Policy. You should review these Terms of Use each time you access the Site. Your access to our Site is deemed to be your acceptance of these Terms of Use, and any changes thereto since the last time you may have accessed the Site. If you are accessing or using the Site on behalf of any business, organization, or other entity of any kind, you represent and warrant that you are authorized (a) to accept these Terms of Use on its behalf and (b) to bind such business, organization, or entity to the Terms of Use. If you do not agree to be bound by the Terms of Use, you must not access or use the Site.

USE OF MATERIALS ON THE SITE

The content, features and functionality of the Site are owned by Gliknik and our licensors and vendors, and are protected under applicable U. S. and international copyright and other laws. Subject to the terms of these Terms of Use, you are granted a limited, personal, non-exclusive, non-sublicensable, non-assignable, non-transferable, and revocable license to access and use our Site and to download and print a reasonable number of copies of small amounts of the material on the Site without fee for non-commercial, personal or internal business use only. When you download or print a copy of any materials from the Site, you must also include all copyright and other notices that are in the materials, including the copyright notice on the bottom of the page. Except as expressly permitted by these Terms of Use, reproduction, adaptation, distribution, performance, or display of the Site, or any portion of the Site, is prohibited.

With the exception of the Gliknik logo located on the “Contact Us” page, reproduction of all or any part of the materials contained on this Site for any other purpose, in any format or media, without the express written permission of Gliknik is prohibited. You may not display the Site, or portions thereof, in things (e.g., framing, scraping, etc.) without our express written permission, and you agree to cooperate with us to cause all unauthorized co-branding, framing, scraping, or linking to immediately cease. Nothing contained on the Site shall be construed as conferring any license to or right under any Gliknik patent, copyright or trademark.

In connection with access to and use of the Site, you may not:

alter or modify the Site, or related materials, other than as reasonably necessary solely to use the Site for its intended purpose;
sell, rent, lease, transfer, distribute, broadcast, display, provide or otherwise assign to any third party any rights to the Site, or related materials;
remove any proprietary notice or labels on the Site, or related materials;
use the Site for any non-authorized commercial purpose or any illegal purpose, including without limitation to victimize, harass, degrade, or intimidate an individual or group of individuals for any reason;
copy, modify, erase, or damage any information contained on computer servers used or controlled by Gliknik or any third party;
use the Site to violate any legal right of any third party, including any publicity or privacy right, copyright, or other intellectual property right, or to take any action that is harassing, libelous, defamatory, abusive, tortious, threatening, harmful, or otherwise objectionable, or use any data mining, robots, or similar data gathering and/or extraction tools in connection with the Site;
access or use any password-protected, secure, or non-public areas of the Site, except as specifically authorized in writing by Gliknik;
impersonate or misrepresent your affiliation with any person or entity;
use any automated means to access or use the Site, including scripts, bots, scrapers, data miners, or similar software;
attempt to or actually disrupt, impair, interfere with, alter, or modify the Site, or any information, data, or materials posted and/or displayed by Gliknik;
access data on the Site not intended for you;
attempt to probe, scan, or test the vulnerability of the Site or breach any implemented security or authentication measures, regardless of your motives or intent; or
attempt to interfere with or disrupt access to or use of the Site by any user, processor, host, or network, including, without limitation, by submitting a virus, worm, Trojan horse, or other malicious code.

Gliknik reserves the right to cancel an account, refuse registration, or deny access to the Site at our discretion and for any reason, including any breach of the Terms of Use.

TRADEMARKS

Gliknik is a trademark of Gliknik Inc. The names of other companies and products mentioned on the Site may be the trademarks of their respective owners. You agree not to reproduce, display, or use any Gliknik trademark or any meta-tags used on the Site in any manner without our express prior permission. To request permission to use a Gliknik mark, please use the “Contact Us” feature. Any rights not expressly granted in these Terms of Use are reserved.

APPLICABLE LAWS

Gliknik controls and operates this Site from the United States of America. This Site contains information about products which may or may not be available in any particular country, and if available, may have received approval or market clearance by a government regulatory body for different indications and restrictions in different countries. Each country has specific laws, regulations, and medical practices governing the communication of medical or other information about medical products on the Internet. Nothing on this Site should be construed as a solicitation or promotion for any product which is not authorized by the laws and regulations of the state or country where you are located, or to imply that Gliknik intends to announce or offer any product or service in your country.

NOT MEDICAL ADVICE

This Site may contain information on medical and health-related topics. This information is not meant to be a substitute for the advice provided by your own physician or other medical professional. You should not use this information for diagnosing a health problem or disease and you should always consult your own physician.

THIS SITE IS NOT INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICINE OR THE PRACTICE OF HEALTH CARE SERVICES BY GLIKNIK. YOUR USE OF THE SITE DOES NOT CREATE A PHYSICIAN / PATIENT, CONFIDENTIAL, OR PRIVILEGED RELATIONSHIP, OR ANY OTHER RELATIONSHIP THAT WOULD GIVE RISE TO ANY DUTIES ON THE PART OF GLIKNIK.

LINKS TO OTHER SITES

This Site may contain links to websites not operated by Gliknik. We provide these links for your convenience, but we do not review, control, or monitor the materials on any other websites. We are not responsible for and disclaim any and all liability for the performance or content of those sites or for your business dealings with them. Your use of other websites is subject to the terms of use and privacy policies of those sites.

AVAILABILITY

It is not possible to operate the Site with 100% guaranteed uptime. Certain technical difficulties, routine site maintenance and upgrades, and other events may, from time to time, result in interruptions to or outages of the Site. In addition, Gliknik reserves the right at any time, and from time to time, to modify or discontinue (on a temporary or permanent basis) certain functions of the Site, with or without notice. You agree that Gliknik shall not be liable to you or to any third party for any direct or indirect consequence of any modification, suspension, discontinuance of, or interruption to the Site.

DISCLAIMER

THE SITE AND THE INFORMATION ON THIS SITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. GLIKNIK MAKES NO REPRESENTATION OR WARRANTY THAT THE INFORMATION CONTAINED ON THIS SITE WILL BE TIMELY, ERROR FREE OR WITHOUT VIRUSES.

LIMITATION ON LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, IN NO EVENT WILL GLIKNIK, ITS DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DAMAGES INCLUDING, WITHOUT LIMITATION, INDIRECT INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, ANY LOST PROFITS, LOSS DUE TO BUSINESS INTERRUPTION, LOSS OF DATA, OR OTHER ECONOMIC LOSS, WHETHER UNDER CONTRACT, TORT OR ANY OTHER THEORY OF LIABILITY ARISING IN CONNECTION WITH OR IN ANY WAY RELATED TO THE USE OF THIS SITE OR ANY OTHER HYPERLINKED WEBSITE OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE SYSTEM FAILURE, LOSS OF DATA, OR LOSS OF USE RELATED TO THIS SITE OR ANY WEBSITE OPERATED BY ANY THIRD PARTY OR ANY CONTENT OF THIS SITE OR ANY OTHER WEBSITE, EVEN IF GLIKNIK IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES. These limitations shall apply notwithstanding the failure of the essential purpose of any limited remedy.

Despite the foregoing limitation of liability for damages, if a court or other tribunal of competent jurisdiction decides to award monetary damages to you for any claim or cause of action arising from the same, the amount of monetary damages for such claim or cause of action shall be no greater than the greater of: (A) the amount you paid to GLIKNIK for products and services in the last month and (b) fifty U.S. dollars ($50).

INDEMNITY

You agree to indemnify, defend, and hold harmless GLIKNIK, its parents, subsidiaries, and affiliates, and its and their respective directors, officers, partners, employees, agents, contractors, successors, and assigns from and against all claims, demands, lawsuits, damages, liabilities, losses, costs, or expenses (including, but not limited to, reasonable fees and disbursements of counsel and court costs), judgments, settlements, and penalties of every kind arising from or relating to any violation of this agreement and any activity related to your use of the SITE.

GOVERNING LAW

These terms and conditions shall be governed by and construed in accordance with the laws of the State of Delaware (without regard to the conflict of laws, thereof). Any action or proceeding arising from or related to these Terms of Use or access to or use of the Site shall be exclusively subject to the jurisdiction of the state and federal courts located in the State of Delaware.

TERMINATIONS AND CHANGES TO THESE TERMS OF USE AND THE SITE

You agree that Gliknik may, in its sole discretion and without prior notice, terminate your access to or use of any of the Site at any time and for any reason, with or without cause. Gliknik reserves the right to make changes to these Terms of Use from time to time, within its sole discretion, and without notice. Gliknik may modify the content of the Site at any time and may discontinue, and make improvements to and/or changes in the products or programs described on this Site at any time in its sole discretion.

MISCELLANEOUS

If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms of Use shall continue in effect.

No failure or delay in enforcing any provision, exercising any option, or requiring performance, shall be construed to be a waiver of that or any other right in connection with these Terms of Use.

No action arising out of these Terms of Use or your access to or use of the Site, regardless of form or the basis of the claim, may be brought by you more than one (1) year after the cause of action has arisen (or if multiple causes, from the date the first such cause arose) and you hereby waive any longer statute of limitations that may be permitted by law.

If Gliknik does take any legal action against you as a result of your violation of these Terms of Use, Gliknik will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to Gliknik. You agree that Gliknik will not be liable to you or to any third party for termination of your access to, or use of, any of the Site as a result of any violation of these Terms of Use or for any reason at all.

You may not assign, by operation of law or otherwise, any rights or delegate any duties under these Terms of Use to any third party without prior written consent by Gliknik. Any purported assignment lacking such consent will be void at its inception. Gliknik may assign all or part of its rights and/or delegate all or part of its duties under the Terms of Use to any party, at any time, and in its sole discretion, upon notice of assignment by posting such notice on the Site.

Gliknik Inc. (“Gliknik”) takes your privacy concerns seriously and has created the following Privacy Policy to describe the types of information we may collect from you or that you may provide when you visit this website (“Site”) and our practices for collecting, using, protecting and disclosing that information. Before using or submitting information to this Site, please read this entire Privacy Policy. By using this Site, you agree that you have read and understand this Privacy Policy. Whenever you submit information via this Site, you consent to the collection, use, and disclosure of that information in accordance with this Privacy Policy.

Changes to the Privacy Policy

Gliknik may update this Privacy Policy periodically. Gliknik will notify you of significant changes to the Privacy Policy by placing a notice on this Site. It is your responsibility to review the most recent version of the Privacy Policy and remain informed about any changes to it.

What Information Is Collected

This Site may collect both personally identifiable information (“Personal Information”) and information about your use of this Site that is not identifiable to you personally (“Non-personal Information”). Non-personal Information may include technical information such as the type of Internet browser you use, the date and time you access the Site, your Internet protocol address, and which pages you view on the Site. Personal Information may include your name, address, email address, telephone number, and place of business. You may also have the opportunity to provide Gliknik with other Personal Information through certain sections of this Site, such as registration forms and surveys.

Use of Non-personal Information

Gliknik uses Non-personal Information to improve this Site and for other management and business purposes. Gliknik may share Non-personal Information with third parties, but never in a way that directly connects you to the Non-personal Information.

Use of Personal Information

Gliknik may use Personal Information to provide you with access to certain sections of this Site. In addition, Gliknik may use your Personal Information to respond to your requests and questions, to personalize your access to this Site, to contact you with information that might be of interest to you, to fulfill the purpose for which you provide the Personal Information, for any purpose disclosed by us when you provide the information, and for Gliknik’s internal business purposes.

Disclosure of Personal Information

Gliknik may disclose your Personal Information to our subsidiaries and affiliates; to contractors, service providers or other third parties we use to support our business and who are bound by contractual obligations to keep Personal Information confidential and use it only for the purposes for which we disclose it to them. Gliknik may transfer your Personal Information to a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution or other sale or transfer of some or all of the company or of Gliknik’s assets, whether as a going concern or as part of bankruptcy, liquidation or similar proceeding, in which Personal information is among the assets transferred. Gliknik may disclose your Personal Information to third parties if Gliknik believes that the disclosure is necessary to enforce this Privacy Policy or the terms governing your use of this Site, to protect the rights or property of Gliknik or another party, or to protect the confidentiality of another party. Gliknik may disclose your Personal Information to comply with any court order, law or legal process, including in response to a government or regulatory request, or when Gliknik believes that an applicable law, regulation, or legal process requires it. Gliknik also may create aggregate information from your Personal Information that does not identify any individual. Gliknik may use such aggregate information for its management and business purposes and may share this aggregate information with third parties. This aggregate information will not identify you or your Personal Information.

Confidentiality Considerations

Gliknik is not a covered entity under the administrative simplification of the Health Insurance Portability and Accountability Act and its implementing regulations (“HIPAA”). Therefore, although Gliknik is concerned about your privacy, it does not have to comply with these confidentiality laws. Please consider the confidentiality implications as you decide whether to give Gliknik any Personal Information and what type of Personal Information.

Security of Information

Gliknik takes reasonable steps to protect your Personal Information from loss, misuse, unauthorized access, disclosure, alteration, or destruction, but does not and cannot guarantee such protection. Please bear in mind that transmissions over the Internet are not completely secure, and any information you send to or from this Site may be accessible by others. More specifically, email sent to or from this Site may not be secure. As a result, you should take particular care in deciding what information you send via email. Any passwords, ID numbers, or other special access numbers you might use to access any part of this Site are your responsibility; take care to safeguard them.

Passive Information Collection

Like many other websites, this Site may collect some information passively as you navigate through the Site (that is, without you providing the information actively) using various technologies and means, such as navigational data collection. This information is generally not personally-identifiable, and may be used to improve or administer the Site or navigation of the Site, to diagnose server problems, collect and report aggregate information, or to determine the fastest connection route between your computer and our Site. Passive information collection may include navigational data (“log files,” “server logs,” and “clickstream” data), which are used for system management, to improve the content of the Site, market research purposes, and to communicate information to visitors. This Site may or may not use navigational data. We may collect information regarding Internet Protocol (IP) addresses. Cookies are small text files stored by your Internet browser on your computer when you visit a Site. Gliknik uses cookies to improve this Site and make it easier to use. Cookies permit the Site to recognize you and avoid repetitive requests for the same information. You may change your Internet browser’s settings to refuse these cookies. However, if you do so, you may not be able access certain parts of this Site. Internet tags are smaller than cookies and tell the Site server information such as the IP address and browser type related to your computer. This Site may or may not use Internet tags.

Children

This Site is not intended for children under the age of 13. Gliknik does not intentionally collect or use any Personal Information from children who identify themselves as being under the age of 13.

Links to Third Party Websites

Gliknik’s Site may contain links to other websites. When you click on one of these links you are being transferred to a website operated by someone other than Gliknik, and the operator of that website may have a different privacy policy. Gliknik does not share your personal information with these websites and is not responsible for their individual privacy practices. We encourage you to investigate the privacy policies of these operators.

No Error-Free Performance

Gliknik does not guarantee error-free performance under this Privacy Policy. Gliknik may not always catch an unintended privacy issue, despite its efforts to do so. Gliknik will use reasonable efforts to comply with this Privacy Policy and will take prompt corrective action when Gliknik learns of any failure to comply with it. Accordingly, Gliknik welcomes your feedback regarding any privacy concerns that you may have.