Terms and Conditions

Online Terms of Use Policy (“Terms of Use Policy”)

Welcome to the PanTheryx, Inc., (“PanTheryx”) DiaResQ® Web Site the (“Web Site”). The information provided on this site is for general informational and educational purposes only. Please read and review this Terms of Use Policy carefully before accessing or using this Web Site. By accessing or using this site, you acknowledge that you have read, understood and agreed to the Terms of Use Policy. If you do not agree to the Terms of Use Policy, you may not access or use the site.

 

  1. Domestic Use. You acknowledge and agree that this Terms of Use Policy applies to residents of the United States. We control the Web Site from our offices within the United States of America. We make no representation that the Web Site or its content (including, without limitation, any products or services available on or through the Web Site) are appropriate or available for use in other locations. Users who access the Web Site from outside the United States of America do so on their own initiative and must bear all responsibility for compliance with local laws, if applicable. Further, the United States export control laws prohibit the export of certain technical data and software to certain territories. No content from the Web Site may be downloaded in violation of United States law.

 

  1. Use of Website. The information provided on this site is for general informational and educational purposes. Certain sections of this Web Site are intended for particular audiences including PanTheryx’s employees, customers and shareholders, as well as members of the health care community and the general public. Your access to and use of the information contained in the Web Site is subject to this Terms of Use Policy. By accessing and using this Web Site, you accept, without limitation or qualification, this Terms of Use Policy.

 

  1. DISCLAIMER AND LIMITATION OF LIABILITY. PANTHERYX MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND OR NATURE WITH RESPECT TO THE INFORMATION OR CONTENT POSTED ON THIS WEB SITE. PANTHERYX HEREBY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, CREATED BY LAW, CONTRACT OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. IN NO EVENT SHALL PANTHERYX BE LIABLE FOR ANY DAMAGES OF ANY KIND OR NATURE, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL (INCLUDING LOSS OF PROFIT) CONSEQUENTIAL OR INCIDENTAL DAMAGES ARISING FROM OR IN CONNECTION WITH THE EXISTENCE OR USE OF THIS WEB SITE AND/OR THE INFORMATION OR CONTENT POSTED ON THIS WEB SITE, REGARDLESS OF WHETHER PANTHERYX HAS BEEN ADVISED AS TO THE POSSIBILITY OF SUCH DAMAGES. ALTHOUGH WE STRIVE TO PROVIDE ON THIS WEB SITE THE LATEST DEVELOPMENTS RELATING TO OUR PRODUCTS AND SERVICES, AND OTHER INFORMATION ABOUT OUR COMPANY, WE DO NOT WARRANT THE ACCURACY, EFFECTIVENESS AND SUITABILITY OF ANY INFORMATION CONTAINED IN THIS WEB SITE. EACH PERSON ASSUMES FULL RESPONSIBILITY AND ALL RISKS ARISING FROM USE OF THIS WEB SITE. THE INFORMATION IS PRESENTED “AS IS” AND MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. PANTHERYX RESERVES THE RIGHT TO MAKE ADDITIONS, DELETIONS, OR MODIFICATIONS TO THE INFORMATION AT ANY TIME WITHOUT ANY PRIOR NOTIFICATION. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CLAIMS OR DISPUTES INVOLVING US THAT ARE NOT WAIVED BY THIS TERMS OF USE POLICY WILL BE TO DISCONTINUE YOUR USE OF THIS WEB SITE. Some states do not allow the limitation of liability, so this provision may not apply to you.

 

  1. Third-Party Web Sites and Links. PanTheryx is not responsible, and provides no warranty whatsoever, for the accuracy, effectiveness, timeliness and suitability of any information or content obtained from third parties, including any hyperlinks to or from third-party sites. Such information should, therefore, be considered as suspect and is not endorsed by PanTheryx.

 

  1. Forward-Looking Statements. This Web Site may contain forward-looking statements that reflect PanTheryx’s current expectation regarding future events and business development. The forward-looking statements involve risks and uncertainties. Actual developments or results could differ materially from those projected and depend on a number of factors including, but not limited to, the success of current research programs, results of pending or future clinical trials, ongoing commercialization of its products, regulatory approvals, validity and enforcement of its intellectual property, the stability of its commercial relationships, and the general economic conditions. PanTheryx intends to update this site on a regular basis but assumes no obligation to update any of the content.

 

  1. Medical Information. This Web Site may contain general information relating to various health conditions. Such information is provided for informational purposes only and is not meant to be a substitute for advice provided by a doctor or other qualified health care professional. You should not use the information available on or through the Web Site (including, but not limited to, information that may be provided on the Web Site by healthcare or nutrition professionals employed by or contracting with PanTheryx) for diagnosing or treating a health problem or disease, or prescribing any medication. Information and statements regarding PanTheryx’s products have not been evaluated by the Food and Drug Administration or any other regulatory agency and are not intended to diagnose, treat, cure, or prevent any disease.

 

  1. Non-Disruption. By using this Web Site, you agree not to disrupt or intercept our electronic information posted on this Web Site or on any of our servers. You also agree not to attempt to circumvent any security features of our Web Site, and to abide by all applicable, local, state, federal and international laws, rules and regulations.

 

  1. User Content. You grant to PanTheryx the right to use all content, if any, you upload or otherwise transmit to this Web Site, subject to this Terms of Use Policy in any manner PanTheryx chooses, including, but not limited, to copying, displaying, performing or publishing it in any format whatsoever, modifying it, incorporating it into other material or making a derivative work based on it.

 

  1. Non-Confidential Information. Except as expressly stated and agreed upon in advance by PanTheryx, no confidential relationship shall be established in the event that any user of this Web Site should make any oral, written or electronic communication to PanTheryx (such as feedback, questions, comments, suggestions, ideas, etc.). Such communication and any information submitted therewith shall be considered non-confidential, and PanTheryx shall be free to reproduce, publish or otherwise use such information for any purposes whatsoever including, without limitation, the research, development, manufacture, use or sale of products incorporating such information. The sender of any information to PanTheryx is fully responsible for its content, including its truthfulness and accuracy and its non-infringement of any other person’s proprietary or privacy rights.

 

  1. Indemnification. You agree to indemnify, defend and hold harmless PanTheryx, its officers, directors, employees, agents, suppliers and third-party partners from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation by you of this Terms of Use Policy.

 

  1. Product Labeling.Unless otherwise noted, product names, descriptions and labeling are of U.S. origin. Products may not be available in all countries or may be available under a different brand name, in different strengths, or for different indications. No director, employee, agent, or representative of PanTheryx, its subsidiaries and affiliates are engaged in rendering medical advice, diagnosis, treatment or other medical services that in any way create a physician-patient relationship through this Web Site.

 

  1. Intellectual Property.
  2.  

    1. Trademarks. The information, documents, and related graphics (“Information”) published in this Web Site are the sole property of PanTheryx, except for information provided by third-party providers under contract to PanTheryx, its subsidiaries or affiliates. The use or misuse of this Information or any other materials, except as permitted herein, is expressly prohibited and may be in violation of copyright law, trademark law, the law of slander and libel, the law of privacy and publicity, and communications regulations and statutes. Please be advised that PanTheryx actively and aggressively enforces its intellectual property rights to the fullest extent of the law. PanTheryx is not responsible for content provided by third-party providers, and you are prohibited from distribution of such material without permission of the owner of the copyright therein. Except as permitted above, no license or right, express or implied, is granted to any person under any patent, trademark or other proprietary right of PanTheryx. No use of any PanTheryx trademark, trade names, trade dress and products in this Web Site may be made without the prior written authorization of PanTheryx, except to identify the product or services of the company.
    2. Copyrights. The entire contents of this Web Site are subject to copyright protection. The contents of DiaResQ Web Site may not be copied other than for noncommercial individual reference with all copyright or other proprietary notices retained, and thereafter may not be recopied, reproduced or otherwise redistributed. Except as expressly provided above, you may not otherwise copy, display, download, distribute, modify, reproduce, republish or retransmit any information, text or documents contained in this Web Site or any portion thereof in any electronic medium or in hard copy, or create any derivative work based on such images, text or documents, without the express written consent of PanTheryx. Nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any patent or trademark of PanTheryx, or any third-party.
    3. If you believe that your work has been copied and is accessible on this site in a way that constitutes copyright infringement, you may notify PanTheryx by providing us with the following in writing:
    4.  

      1. Identification of the copyrighted work that you claim has been infringed;
      2. Identification of the material that is claimed to be infringing and information reasonably sufficient to permit PanTheryx to locate the material;
      3. Your name, address, telephone number, and email address;
      4. A statement by you that you have a good faith belief that the disputed use is infringing and not authorized; and
      5. A statement made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf.
      6. The electronic or physical signature of the copyright owner or a person authorized to act on the copyright owner’s behalf.
      7. To submit a notification of claimed infringement, please contact PanTheryx at the following address: 5480 Valmont Road, #325, Boulder, Colorado 80301 (USA).

 

  1. Privacy and Security. PanTheryx is committed to safeguarding your privacy online. IN THE UNLIKELY EVENT OF AN INTERCEPTION OR UNAUTHORIZED ACCESS DESPITE OUR EFFORTS, PANTHERYX SHALL NOT BE RESPONSIBLE FOR SUCH INTERCEPTIONS OR UNAUTHORIZED ACCESS, OR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS) SUFFERED BY A USER, EVEN IF PANTHERYX HAS PREVIOUSLY BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. PANTHERYX DOES NOT WARRANT, EITHER EXPRESSLY OR IMPLIEDLY, THAT THE INFORMATION PROVIDED BY ANY USER SHALL BE FREE FROM INTERCEPTION OR UNAUTHORIZED ACCESS, AND DOES NOT PROVIDE ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

 

  1. Void Where Prohibited. This Web Site and its contents are intended to comply with the laws and regulations in the U.S. Although the information on this Web Site is accessible to users outside of the U.S., the information pertaining to PanTheryx products is intended for use only by residents of the U.S. Other countries may have laws, regulatory requirements and medical practices that differ from those in the U.S. This site links to other sites produced by PanTheryx’s various operating divisions and subsidiaries, some of which are outside the U.S. Those sites may have information that is appropriate only to that particular originating country. PanTheryx reserves the right to limit provision of its products or services to any person, geographic region or jurisdiction and/or to limit the quantities or any products or services we provide. Any offer for any product or service made on this Web Site is void where prohibited.

 

  1. Changes to Web Site. We reserve the right, in our sole discretion, to change or update this Terms of Use Policy at any time by posting revised terms on the Web Site. It is your responsibility to check periodically for any changes we make to this Terms of Use Policy. Your continued use of the Web Site following the posting of changes to this Terms of Use Policy or other policies means you accept the changes.

 

  1. Severable Agreement. If any provision of this Agreement is held to be unlawful, void or unenforceable, then such provision shall be severable without affecting the enforceability of all remaining provisions. PanTheryx reserves the right to alter or delete materials from this Web Site at any time at its discretion.

 

  1. Entire Agreement. You agree that this Terms of Use Policy describes the entire agreement between us with respect to its subject matter. DiaResQ.com was created and is operated under the laws of the State of Colorado. The laws of the State of Colorado will control the terms and conditions provided in this Terms of Use Policy, without giving effect to any principles of conflict of laws. If a court of competent jurisdiction finds that any provision of this Terms of Use Policy is invalid or unenforceable, you agree that the other provisions of this Terms of Use Policy will remain in full force and effect. You agree that regardless of any applicable law to the contrary, you cannot file a claim or cause of action arising out of or related to DiaResQ.com or this Terms of Use Policy more than one (1) year after such claim or cause of action arose.

 

  1. Contact Us. If you have any questions or comments about this Terms of Use Policy, please contact us by:

Email: info@pantheryx.com

Phone: +1-303-951-6883

Mail: 5480 Valmont Road, #325, Boulder, Colorado 80301 (USA)