TERMS OF SERVICE
Welcome to Pegasys Med’s ORion!
These Terms of Service (the “Terms”) govern your use of Pegasys Med’s website and related materials (collectively, the “Service”).
By using the Service, you agree to be bound by these Terms.
1. Use of the Service
You may use the Service only if you are over 18 years of age and have authorization to bind you and, if acting on behalf of an entity or other person, authorization to bind that entity or other person to these Terms. You must provide accurate and complete information to contact Pegasys Med or to use this Service. You are responsible for ensuring that your use of the Service complies with all applicable laws, regulations, and ordinances, and for any and all activities that occur.
By using the Service, you agree to comply with these Terms of Service, and you agree not to:
a. Use the Service for any illegal or unauthorized purpose.
b. Violate any applicable local, state, national, or international law, including any regulations having the force of law, intentionally or unintentionally.
c. Sell, lease, transfer, or share your account or access to the Service with any third party without Pegasys Med’s express written permission.
d. Use the Service to engage in any activity that would violate the personal privacy rights, intellectual property rights, or other legal rights of others.
e. Misrepresent yourself, your affiliations, or your qualifications in any way when using the Service.
f. Submit any images containing Private Health Information (PHI) or Personally Identifiable Information (PII) to the Service.
g. Post or transmit any information or content that is illegal, abusive, harassing, harmful, obscene, or otherwise objectionable.
h. Attempt to gain unauthorized access to any portion of the Service, or any other systems or networks connected to the Service, by hacking, password guessing, or any other means.
i. Interfere with or disrupt the Service or any servers or networks connected to the Service.
j. Use any robot, spider, scraper, or other automated means to access the Service for any purpose without Pegasys Med’s express written permission.
k. Use the Service to transmit any viruses, malware, or other harmful computer code.
l. Engage in any activity that could damage, disable, overburden, or impair the Service or interfere with any other party’s use and enjoyment of the Service.
Pegasys Med reserves the right to investigate and take appropriate legal action against anyone who violates these Terms of Service, including reporting you to law enforcement authorities.
2. Proprietary Rights
Pegasys Med owns all rights, title, and interest in and to the Service and information it may provide about its business, including all intellectual property rights, and you agree not to use or disclose any of Pegasys Med’s information or materials without Pegasys Med’s prior written consent.
3. User Content
You retain all rights in and to any images and other content you submit to the Service (collectively, “User Content”). By submitting User Content, you grant ORion a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use, copy, modify, create derivative works based on, distribute, publicly display, publicly perform, and otherwise exploit such User Content in any manner.
4. Use of Data and Privacy
Pegasys Med follows the practices outlined in its Privacy Policy. You acknowledge that Pegasys Med may use, aggregate, and disclose de-identified data derived from User Content and information received from users in the aggregate for purposes of improving the its products and services and for research purposes.
5. Disclaimers
THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. PEGASYS MED DOES NOT REPRESENT OR WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, TIMELY, OR SECURE.
6. Limitation of Liability
YOU AGREE TO WAIVE ALL DIRECT AND INDIRECT CLAIMS AGAINST PEGASYS MED, INCLUDING ANY CLAIMS THAT PEGASUS MED MAY BE FOR ANY LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO THESE TERMS, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOST PROFITS, LOST DATA, BUSINESS INTERRUPTION, OR ANY OTHER DAMAGES, WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF PEGASYS MED HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
7. Indemnification
You agree to indemnify, defend, and hold harmless Pegasys Med, its affiliates, officers, directors, employees, agents, and licensors from and against any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys’ fees and court costs) arising from or relating to your use of the Service, your User Content, or any violation of these Terms.
8. Governing Law and Jurisdiction
These Terms will be governed by and construed in accordance with the laws of the State of Washington, without giving effect to any principles of conflicts of law. Any action arising out of or related to these Terms must be brought in the state or federal courts located in Seattle, Washington, and you hereby submit to the exclusive jurisdiction of such courts.
9. Modifications to the Service or Terms
Pegasys Med may modify or discontinue the Service, or any part thereof, at any time without notice. Pegasys Med may also modify these Terms at any time, and such modifications will be effective immediately upon posting on the Service. Your continued use of the Service after any such modifications will constitute your acceptance of the new Terms.
10. Termination
Pegasys Med may, in its sole discretion and without notice, terminate the Service or terminate your use of the Service for any reason or no reason, including without limitation, if Pegasys Med believes that you have violated or acted inconsistently with the letter or spirit of these Terms. Upon termination, you must immediately cease using the Service and destroy all copies of any software or materials related to the Service in your possession.
11. Miscellaneous
These Terms constitute the entire agreement between you and Pegasys Med with respect to the Service, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and Pegasys Med. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and enforceable. Pegasys Med’s failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. These Terms are personal to you, and are not assignable, transferable, or sublicensable by you except with Pegasys Med’s prior written consent. Pegasys Med may assign, transfer, or delegate any of its rights and obligations hereunder without consent. No agency, partnership, joint venture, or employment relationship is created as a result of these Terms and neither party has any authority of any kind to bind the other in any respect.