The Services Does Not Provide Medical Advice
All of the material provided through the Services, such as text, treatments, dosages, outcomes, charts, patient profiles, graphics, photographs, images, advice, messages, forum postings, and any other material provided through the Services are for informational purposes only and are not a substitute for professional medical advice or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding your health. Please also consult with your own physician or health care practitioner regarding the information received as a result of your use of the Services before using or relying on it. Your physician or health care practitioner should address any and all medical questions, concerns and decisions regarding the possible treatment of any medical condition. Never disregard professional medical advice or delay in seeking it because of information provided to you through the Services. BioMatrix does not give or intend to give answers to medical related questions and the Services does not replace any medical professional or medical resource. BioMatrix does not represent itself as a physician nor is this implied. No prescription medications or medical treatments are intentionally provided through the Services.
Some of the treatment information provided through the Services is from third party sources (“Third Party Research”). Every effort has been made to ensure that the Third Party Research is accurate, up-to-date, and complete, but no warranty is made to that effect. Third Party Research has been compiled for use by Authorized Users in the United States. BioMatrix does not warrant that uses outside of the United States are appropriate.
If you think you may have a medical emergency, call your doctor or 911 immediately.
BioMatrix does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned through the Services at the invitation of BioMatrix, or by other user is solely at your own risk. All clinical data entered by the patient or provider must be true and correct, and failure to correctly enter clinical data will impact the Services and any information obtained from using the Services.
Links to Other Websites
If you access the Services via your mobile phone (through an iPhone application, for example), we do not currently charge for that access. Please be aware that your carrier’s normal rates and fees, such as text messaging fees or data charges, will still apply.
Termination of Access
Limitations on Liability; Disclaimer of Warranties
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY AGREE THAT THE USE OF THE BIOMATRIX SITE, AND THE SERVICES OR FEATURES OFFERED THEREON, AND THE INTERNET IS AT YOUR SOLE RISK. THE SITE AND THE SERVICES OR FEATURES OFFERED THEREON IS PROVIDED ON AN “AS IS WHEREAS” AND “AS AVAILABLE” BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. NO WARRANTY IS GIVEN ABOUT THE QUALITY, FUNCTIONALITY, ACCURACY, AVAILABILITY OR PERFORMANCE, MERCHANTABILITY, TITLE, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE OF THE SITE OR ANY SERVICES OR FEATURES OFFERED THEREON. BIOMATRIX DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SITE AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT BIOMATRIX WILL HAVE ADEQUATE CAPACITY FOR THE SITE AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, BIOMATRIX DOES NOT PROVIDE ANY WARRANTIES WITH RESPECT TO, AND EXPRESSLY DISCLAIMS ALL LIABILITY FOR, (A) THE ACCURACY OF LOCATION BASED INFORMATION TRANSMITTED THROUGH THE SITE, (B) THE ACCURACY OR VALIDITY OF ANY INFORMATION TRANSFERRED THROUGH THE SITE TO ANY THIRD PARTY, AND (C) ANY LOSSES (INCLUDING LOST DATA OR INFORMATION) THAT MAY OCCUR AS A RESULT OF A DELAYED OR LOST TRANSFER THROUGH THE SITE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH BIOMATRIX, ITS AFFILIATES, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS, OR OTHER THIRD PARTY PARTNERS ARISING OUT OF OR RELATING TO THE SITE IS TO STOP USING THE SITE, AND TO CANCEL OR NOT RENEW YOUR AUTHORIZED USER ACCESS. YOU ACKNOWLEDGE AND AGREE THAT BIOMATRIX, ITS AFFILIATES, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS, OR OTHER THIRD PARTY PARTNERS ARE NOT LIABLE FOR ANY ACT OR FAILURE TO ACT BY THEM OR ANY OTHER PERSON REGARDING CONDUCT, COMMUNICATION OR CONTENT ON THE SITE. IN NO CASE SHALL BIOMATRIX, ITS AFFILIATES, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS, OR OTHER THIRD PARTY PARTNERS LIABILITY TO YOU EXCEED $50.00. IN NO CASE SHALL BIOMATRIX OR BIOMATRIX’ AFFILIATES BE LIABLE FOR INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF YOUR ACCESS TO OR USE OF THE SITE, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SITE OR THE FEATURES OR SERVICES OFFERED THEREON.
BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL, INDIRECT, EXEMPLARY, SPECIAL, PUNITIVE OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, BIOMATRIX, ITS AFFILIATES, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS, OR OTHER THIRD PARTY PARTNERS LIABILITY SHALL BE LIMITED TO THE FULL EXTENT PERMITTED BY LAW.
Export Control Laws
The information provided through the Services may be subject to United States export controls, and export controls of other jurisdictions. By using the Services or downloading any information therefrom, you warrant that you are not located in any country, or exporting such information to any person or place, to which the United States, the European Union, or any other jurisdiction has embargoed goods. You agree to abide by U.S. and other applicable export control laws and not to transfer, by electronic transmission or otherwise, any information subject to restrictions under such laws to a national destination prohibited by such laws, without first obtaining, and then complying with, any requisite government authorization. You further agree not to upload any information, data or software that cannot be exported without prior written government authorization, including, but not limited to, certain types of encryption software. This paragraph shall survive termination of this Agreement.
Governing Law and Venue
Intellectual Property Rights
All design, text, graphics, logos, button icons, images, audio clips, the selection and arrangement thereof, and all software on the Services is copyrighted material of BioMatrix, LLC, Copyright © 2012 ALL RIGHTS RESERVED. The compilation (meaning the collection, arrangement and assembly) of all content on the Services is the exclusive property of BioMatrix and protected by U.S. and international copyright laws. All software used to provide the Services is the property of BioMatrix or its software suppliers and is protected by U.S. and international copyright laws.
The top level domain name BioMatrix.com, all extensions of the top level domain and all country-specific domain names derived therefrom, as well as all page headers, custom graphics and button icons displayed thereon, are service marks, trademarks, and/or trade dress of BioMatrix and may not be used in connection with any service that is not offered by BioMatrix in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits BioMatrix. All other trademarks, product names and company names or logos cited herein are the property of their respective owners.