IsoRay Medical, Inc.
WEBSITE TERMS OF USE AGREEMENT
AND
DISCLAIMER OF LIABILITY
Welcome to www.isoray.com (the “Website”). IsoRay Medical, Inc. and its affiliates (“we,” “us” or “IsoRay”) provide the information and content on this Website as a convenience and for general informational and educational purposes only. By accessing this Website, you, and any parties on whose behalf or for whose benefit you access or otherwise use this Website (collectively, “you” or “User”), are agreeing to be legally bound by and comply with the following terms. This Website Terms of Use Agreement and Disclaimer of Liability (this “Agreement") governs the use of the Website including the content contained therein. If you do not intend to accept this Agreement you should refrain from using this Website in any manner.
We may periodically change the terms of this Agreement, so please check this Agreement from time to time as your continued use of the site signifies your acceptance of any changed terms. You represent and warrant that you are authorized to enter into this Agreement and be bound by the terms of this Agreement.
Users who have accepted this Agreement are granted permission to use this Website for its intended purposes subject to the terms of this Agreement. Use of certain components of this Website may be subject to additional terms relating to privacy of personal information or other matters as may be provided in a separate agreement or policy. All such additional agreements are hereby incorporated into this Agreement. To the extent that such additional agreements and policies provide for additional restrictions on use of this Website, such restrictions shall be in addition to those provided under this Agreement. Certain sections of this Website may be restricted in which event use of those sections is prohibited unless specific permission to access those sections is given by us. This Website may be used only for your internal purposes. You agree to comply with this Agreement as it may be modified from time to time as set forth below. By using this Website, you agree not to disrupt or intercept our electronic information posted on this Website or on any of our servers. You also agree not to attempt to circumvent any security features of our Website, and to abide by all applicable, local, state, federal and international laws, rules and regulations. IsoRay may cancel the permission for you to use all or any part of this Website at any time for any reason in the sole discretion of IsoRay. Your permission to use this Website shall automatically terminate in the event that you violate this Agreement. All provisions of this Agreement other than the permission to use this Website shall survive termination.
Medical and Product Information
This Website has been developed as a service of IsoRay. Like any other service, in spite of our efforts, the information in this Website may become out of date over time. Nothing on this Website should be construed as the giving of medical advice or the making of a recommendation and it should not be relied on as the basis for any decision or action. It is important that you rely only on the advice of a health care professional to advise you on your specific situation.
Disclaimers and Limitation of Liability
IsoRay accepts no liability for the accuracy or completeness or use of, nor any liability to update, the information contained on this Website.
This Website is provided "as-is" with all faults and IsoRay disclaims to the maximum extent permitted by law all warranties relating to this Website, whether express, implied or statutory, including any implied warranties of merchantability, fitness for a particular purpose, title, warranties against infringement or interference with enjoyment, or warranties arising from course of dealing or usage of trade. by way of illustration without limitation, IsoRay does not warrant that this Website will fulfill any User's particular requirements, that access to this Website will be uninterrupted or error free or that any information obtained through this Website is accurate. IsoRay does not make any warranty regarding information obtained from any hyperlinked third party Website.
Neither IsoRay nor any of its affiliates, licensors, partners, shareholders, directors, officers, employees or other agents shall have any liability to any User or their principals and agents for any damages, whether general, special, direct, indirect, incidental or consequential, including any lost profits or lost savings, whether or not foreseeable and whether based on contract, tort or statute. User expressly acknowledges and agrees that IsoRay is providing access to this Website in reliance on the disclaimers and limitations set forth in this Agreement, and further acknowledges and agrees that such limitations are reasonable. In no event shall IsoRay's liability to user exceed the fees actually paid by user for use of this Website.
Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages. In such jurisdictions, our liability is limited to the greatest extent permitted by law.
Non-Confidential Information
Should any user of the Website provide us with information including feedback data such as questions, comments, suggestions, or the like regarding the content of any IsoRay material on the Website, such information shall be deemed to be non-confidential and we will have no obligation of any kind with respect to such information and shall be free to reproduce, use, disclose, and distribute the information to others without limitation. We will be free to use any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever including but not limited to developing, manufacturing and marketing products incorporating such information.
Electronic Communications
When you visit the Website or send e-mails to us, you are communicating with us electronically, and by doing so you consent to receive communications electronically. We may communicate with you by e-mail or by posting notices on the Website. You agree that all agreements, notices and other communications we provide to you electronically satisfy any legal requirement that such communications be in writing.
Links to Other Sites
This U.S.-based Website may link you to other websites on the Internet, including the websites for IsoRay affiliates in other countries. IsoRay cannot take responsibility for information found on third party websites outside its control. While IsoRay attempts to provide links only to third-party websites that comply with IsoRay’s standards at the time the link is initially established, please understand that the content on these third-party websites is subject to change without notice to IsoRay. We therefore cannot be responsible for, and accept no liability for, any information or opinion contained in any third-party website. If you decide to visit such sites, you understand that it is subject to any applicable rules and policies of these third parties including any applicable terms of use agreements or privacy policies of these third party websites. You are responsible for taking such steps as you deem appropriate to evaluate these third parties and their services and products and otherwise protect your legitimate interests. IsoRay will not be construed to be a party to any transactions that may be entered into between you and any third parties.
Forward-Looking Statements and Securities Matters
Nothing on this Website constitutes an invitation or offer to invest or deal in the securities of IsoRay, Inc., IsoRay's parent company.
This Website contains forward-looking statements about IsoRay’s financial and operating performance, business plans and prospects, current products and products in development, each of which statements involve substantial risks and uncertainties. Actual results could differ materially from the expectations and projections set forth in those statements. Such risks and uncertainties include, among other things, the uncertainties inherent in medical device research and development; decisions by regulatory authorities regarding whether and when to approve medical device applications as well as their decisions regarding other matters that could affect the availability or commercial potential of IsoRay products; competitive developments; the ability to successfully market both new and existing products; challenges to the validity end enforcement of IsoRay’s patents; governmental laws and regulations affecting health care, including without limitation regarding product access, pricing and reimbursement; and general economic conditions, such as interest rate and foreign currency exchange rate fluctuations. A further list and description of these and other risks, uncertainties and related matters can be found in IsoRay’s most recent Annual Report on Form 10-KSB and subsequent Reports on Forms 10-Q and 8-K, all of which are available on this Website and at www.sec.gov. IsoRay assumes no obligation to update any forward-looking statements as a result of new information or future events or developments.
Copyright and Intellectual Property
All contents of the Website are copyrighted by IsoRay and all rights are reserved. IsoRay, the IsoRay logo, Proxcelan, and other IsoRay products and services referenced herein may also be either trademarks or registered trademarks of IsoRay in the United States and other countries.
IsoRay hereby authorizes you to copy materials published by it on this Website for non-commercial use only, provided any copy of these materials which you make shall retain all copyright and other proprietary notices and any disclaimer contained thereon and on this Website. Permission is hereby given to you to view, print or download information on this site that is made available for public viewing, printing or downloading, for your own internal use and not for republication, distribution, sale, transfer, preparation of derivative works or other use. Data mining, harvesting or similar collection of email addresses or other information on this Website is prohibited. If you believe that any content or other aspects of this Website infringe upon the rights of others, you should provide notice to us at the following address: 350 Hills Street, Suite 106, Richland, WA 99354, in which event we may elect to investigate the matter further.
Nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any patent or trademark of IsoRay or any third party. Except as expressly provided above, nothing contained herein shall be construed as conferring any license or right under any IsoRay copyright.
Trademarks and service marks owned by or licensed to IsoRay are indicated with the symbol ®, ™ or SM, as applicable. IsoRay claims no ownership in, nor any affiliation with, any third-party trademarks appearing in this Website. Such third-party trademarks are used only to identify the products and services of their respective owners, and no sponsorship or endorsement on the part of IsoRay should be inferred from the use of these marks.
Other Provisions
This Agreement shall be governed exclusively by its terms and by the laws of the State of Washington as applied to contracts entered into in Washington between Washington residents without regard to the state's rules concerning choice of law. You hereby expressly consent and agree to exclusive jurisdiction and venue in Benton County, Washington with respect to any litigation arising out of or relating to this Agreement, provided that we may bring an action to enforce our rights in any forum having jurisdiction. In the event we are required to incur any attorneys’ fees or other expenses in connection with enforcing or defending our rights under this Agreement, you agree to reimburse us for such attorneys' fees and expenses. User also agrees to indemnify IsoRay against any and all claims and expenses, including attorneys’ fees, arising from the User’s use of the Website or breach of this Agreement.
In the event that any provision of this Agreement is held to be invalid or unenforceable, the remainder of this Agreement shall continue in full force and effect, and the provision held to be invalid or unenforceable shall be automatically amended to most closely approximate the original provision on terms that are valid and enforceable and the court or other adjudicating authority holding such provision invalid or unenforceable shall make such amendment accordingly. This Agreement reflects the entire agreement of the parties relating to the subject matter hereof, and any prior understandings, agreements or representations related to such subject matter are hereby superseded. This Agreement shall control over any conflicting documents or information, including information on this Website, and shall be the sole source of any obligations of us. We may modify the terms of this Agreement from time to time by posting changes to this Agreement on this Website. No provision of this Agreement may be amended, modified or waived except as provided in the foregoing sentence. You agree to review this Agreement from time to time and comply with any changes. Any use of this Website after our posting of any such changes shall constitute your acceptance of this Agreement as modified. The terms of this Agreement constitute the mutual agreement of the parties and shall be construed neutrally and not for or against either party.
IsoRay Medical, Inc. - All Rights Reserved – Updated November 2, 2007
