TERMS AND CONDITIONS OF USE
Last updated March 2021
Welcome to our site: https://nanotronicshealth.com/ (the “Site” or “Website”), which is owned and operated by the company NANOTRONICS HEALTH, LLC. (herein referred to as “NANO-HEALTH”, “we”, “us”, or “our”).
NANO-HEALTH uses Intelligent Factory Control to build and scale medical devices that are affordable, accessible and well designed.
Our Site is offered and available to users who are 18 years of age or older, and reside in the United States or any of its territories or possessions. You may not use our Site if you are under the age of 18. By using our Site, you represent and warrant that you are of legal age to form a binding contract with NANO-HEALTH and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use our Site.
By using the Site, you represent and warrant that:
- You are not a minor in the jurisdiction in which you reside;
- You will not access the Site through automated or non-human means, whether through a bot, script, or otherwise;
- You will not use the Site for any illegal or unauthorized purpose; and
- Your use of the Site will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).
- Copyright, Trademark, and Site Mark Information
This Site and all digital content in any form on the Site, including all designs, text, graphics, pictures, video, audio, information, applications, and other files, and their selection and arrangement (each, “Digital Content”) are the exclusive property of NANO-HEALTH, its licensors, or other third parties and are protected by copyright, trademark, and other intellectual property laws. Visitors may not modify, transmit, publish, participate in the transfer or sale of, reproduce, create derivative works from, distribute, perform, display, or in any way exploit, any of the Digital Content, in whole or in part.
The NANO-HEALTH logos are proprietary trademarks and may not be used in connection with any product or material that is not provided by NANO-HEALTH, or in any manner that is likely to cause confusion among Visitors, or in any manner that disparages or discredits NANO-HEALTH.
All other trademarks displayed on the Site are the trademarks of their respective owners and may only be used with the permission of the owner. The display of the trademarks of third parties constitutes neither: (i) an endorsement or recommendation of those third parties; nor (ii) an endorsement of NANO-HEALTH by those third parties.
Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Digital Content, and any Site marks.
- Notification of Claimed Copyright Infringement
If you believe that your work has been copied and is accessible on our Site in a way that constitutes copyright infringement, you may notify us by providing our copyright agent the following information:
- A description of the copyrighted work that you claim has been infringed;
- Identification of the URL or other specific location on the Site where the material you claim is infringing is located;
- Your name, address, telephone number, email address, and statement that you are an authorized person to act on behalf of the owner of the copyright;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- An affidavit submitted by you, sworn to, and made under the penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are an authorized agent to act on behalf of the copyright owner.
Pursuant to Section 512 of the Copyright Revision Act, as amended by the Digital Millennium Copyright Act, NANO-HEALTH designates the following individual as its agent for receipt of notifications of claimed copyright infringement:
NANOTRONICS HEALTH, LLC.
63 Flushing Ave
Brooklyn, NY 11205
Attention: Copyright Notice
By Email: email@example.com
- Voluntary Submission
NANO-HEALTH may collect Visitor Information that is voluntarily provided by you or with your permission. For example, we may ask you for information, such as your e-mail address, when you subscribe to our e-newsletters and other marketing materials. When you provide information to NANO-HEALTH in connection with your access to or use of the Site, you agree to provide only true, accurate, current, and complete information.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site (“Submissions”) provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgement or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.
- Accessing the Website and Account Security
We reserve the right to withdraw or amend our Site, and any service or material we provide on our Site, in our sole discretion without notice. We will not be liable if for any reason all or any part of our Site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of our Site, or the entirety of our Site, to users, including registered users.
You may not violate or attempt to violate the security of our Site, including by, without limitation, (a) accessing data not intended for you or logging on to a server or an account which you are not authorized to access; (b) using any portion of our Site for unintended purposes or trying to change the behavior of our Site; (c) attempting to probe, scan or test the vulnerability of a system or network or breach security authentication measures without proper authorization; (d) attempting to interfere with service to any user, host, or network, including without limitation via means of submitting a virus to our Site, overloading, flooding, spamming, mailbombing or crashing; (e) forging any Transmission Control protocol/Internet Protocol (TCP/IP) packet header or any part of the header information in any email or newsgroup posting; or (f) forging communications on behalf of NANO-HEALTH (impersonating NANO-HEALTH) or to our Site (impersonating as a legitimate user).
We may prosecute you to the full extent of the law for any violation of these Terms.
- Prohibited Activities
You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
As a user of the Site, you agree not to:
- Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
- Trick, defraud, or mislead us and other users.
- Circumvent, disable, or otherwise interfere with security-related features of the Site including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.
- Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
- Use any information obtained from the Site in order to harass, abuse, or harm another person.
- Make improper use of our support services or submit false reports of abuse or misconduct.
- Use the Site in a manner inconsistent with any applicable laws or regulations.
- Use the Site to advertise or offer to sell goods and services.
- Engage in unauthorized framing of or linking to the Site.
- Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site.
- Engage in any automated use of the system, or using any data mining, robots, or similar data gathering and extraction tools.
- Delete the copyright or other proprietary rights notice from any content.
- Attempt to impersonate another user or person.
- Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
- Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.
- Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you.
- Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.
- Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.
- Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software.
- Use a buying agent or purchasing agent to make purchases on the Site.
- Make any unauthorized use of the Site, including collecting email addresses of users by electronic or other means for the purpose of sending unsolicited email.
- Use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavor or commercial enterprise.
YOU AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK. NEITHER NANO-HEALTH, ITS AFFILIATES, NOR ANY OF ITS RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO WE OR THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE WEBSITE, OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION PROVIDED THROUGH THE WEBSITE.
THE WEBSITE IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE.
IN NO EVENT WILL NANO-HEALTH, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING THE SITE OR THE CONTENT INCLUDED THEREIN, BE LIABLE IN CONTRACT, IN TORT (INCLUDING FOR ITS OWN NEGLIGENCE) OR UNDER ANY OTHER LEGAL THEORY (INCLUDING STRICT LIABILITY) FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR SIMILAR DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, LOSS OF USE OR SIMILAR ECONOMIC LOSS, ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
- Term and Termination
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
Visitors agree to defend, indemnify, and hold harmless NANO-HEALTH and its affiliates and their respective directors, members, officers, employees, and agents from and against any and all claims, actions, demands, damages, costs, liabilities, losses and expenses (including reasonable attorneys’ fees) arising out of the use of the Site, including but not limited to, the violation of this Agreement, or infringement of any intellectual property rights.
- Technology Export Control
Through the Bureau of Industry and Security and its use of the Export Administration Regulations, the United States government has implemented export control laws that regulate the export and re-export of technology originating from within the United States. This technology includes the electronic transmission of information or software. The export control laws regulate the exporting or re-exporting of this technology to foreign countries and to certain foreign nationals. As a Visitor you agree to abide by these laws and regulations, including but not limited to, the Export Administration Act, U.S. Foreign Corrupt Practices Act and the Arms Export Control Act and not to transfer, by electronic transmission or otherwise, any Digital Content from the Site to either a foreign national or foreign destination in violation of such laws.
- Third-Party Content
The Site may include links to sites owned and maintained by third parties not related to NANO-HEALTH (collectively referred to as “Third-Party Sites”). Any such links to the websites or other properties of third parties are provided for your convenience only, and such links do not imply endorsement by NANO-HEALTH or affiliation of such Third-Party Sites or the content contained therein. You acknowledge that we are not responsible for the availability of, or the content, or products located through any Third-Party Sites. You should contact those Third-Party Sites if you have any concerns regarding such links. Your use of any Third-Party Sites is subject to the terms & conditions of use and privacy policies of those sites. We encourage you to review all of the Third-Party Sites’ policies.
NANO-HEALTH disclaims all warranties, express or implied, as to the accuracy, legality, reliability, or validity concerning any Third-Party Sites and their product or content offerings, and you agree that any recourse for dissatisfaction or problems with any Third-Party Sites must be directed to the third party and not NANO-HEALTH.
Any opinions, advice, statements, offers, or other information or content expressed or made available by third parties, are those of the third party and not of NANO-HEALTH.
- Site Management
- Governing Jurisdiction
- Compliance with Laws and International Use
You assume all knowledge of applicable laws and are responsible for compliance with any such laws. You may not use the Site in any way that violates applicable state, federal, or international laws, regulations, or other government requirements.
Furthermore, we make no representation that Digital Content on the Site is appropriate or available for use in locations outside the United States, and accessing them from territories where such Digital Content is illegal is prohibited. Those who choose to access the Site from other locations outside of the United States do so on their own initiative and at their own risk and are responsible for compliance with those local laws and regulations.
The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
15.1. General Data Protection Regulation
If you are a resident of the EU, you have specific rights including the right to know what Visitor Information NANO-HEALTH collects of processes about you, a way to amend incorrect Visitor Information NANO-HEALTH may have on its records, or make a request to delete Visitor Information. In some instances, NANO-HEALTH may require explicit consent from you to process certain Visitor Information. In such instances, you will receive a direct request from NANO-HEALTH for your permission to collect and/or process your Visitor Information and you will be required to provide affirmative consent. In any event, NANO-HEALTH will clearly explain what Visitor Information is being collected and/or processed and how it will be used. NANO-HEALTH only collects a minimum amount of user information necessary to perform its services. Explicit consent may always be retracted at any time by data subject covered under GDPR.
If you would like to make any requests under this regulation, you may contact us in accordance with, you may contact us at the following email address to submit your request:
NANOTRONICS HEALTH, LLC.
15.2. California Consumer Protection Act
NANOTRONICS HEALTH, LLC.
If you choose to exercise your rights under CCPA, you may not be discriminated against by us for choosing to do so.
- Miscellaneous Terms
Any rights not expressly granted herein are reserved by and for us.
NANO-HEALTH will use commercially reasonable efforts to promptly respond and resolve any problem or question.
© Copyright 2021, NANOTRONICS HEALTH, LLC. All Rights Reserved.