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TERMS OF USE



HaimaChek, Inc. ("HaimaChek", "we" or "our"), as a convenience to you grants you access to its website, accessible via www.haimachek.com (the "Site"), conditioned on your acceptance of the terms, conditions and notices contained herein (these "Terms of Use"). For the purposes of these Terms of Use, "Content" means, collectively, any content, including, without limitation any text, software, source code, applications, specifications, images, audio files, articles, and other information or content available through the Site.
You are also subject to the applicable HaimaChek policy on information collected from you through the Site ("Privacy Policy"). You agree that HaimaChek may modify these Terms of Use and the Privacy Policy at any time and from time to time, with or without notice to you. When you access, use or browse the Site, you accept, without limitation or qualification, these Terms of Use as if you had signed them. You are responsible for regularly reviewing these Terms of Use.
Please read the following Terms of Use carefully before using this website.
These Terms of Use are effective as of August 9, 2017.

1. ACCEPTANCE OF TERMS

Please read these Terms of Use and HaimaChek's Privacy Policy carefully. By accessing or using the Site, you agree to these Terms of Use, and you consent to the collection and use of information as described in our Privacy Policy. If you do not agree to these Terms of Use and the terms and conditions of our Privacy Policy, you must exit the Site immediately.
These Terms of Use may be modified, altered, updated or terminated by HaimaChek without notice at any time for any reason. Your continued use of the Site after such modifications, alterations or updates, as the case may be, signifies your agreement to be bound by such modifications, alterations or updates. The provisions relating to Copyrights, Trademarks, Disclaimer, Claims, Limitation of Liability, Indemnification, Applicable Laws, and General shall survive any termination.

2. USE OF SITE. NON-COMMERCIAL USE LIMITATION.

Unless otherwise specified, the Site is for your noncommercial use. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, electronically copy, download and print hard copy portions of the material from the different areas of the Site solely for your own noncommercial use within your organization in support of HaimaChek's products and services. No other use of the Content is authorized. You may not (a) modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works of, transfer, or sell any Content; (b) other than for your use of the Site as expressly permitted in these Terms of Use, access or attempt to access any systems or servers on which the Site is hosted or modify or alter the Site in any way; or (c) forge headers, create a false identity or otherwise manipulate identifiers in order to deceive others or disguise the origin of any Content transmitted to or via the Site.
Harassment in any manner or form on the Site, including via email and posting of messages or by obscene or abusive language is strictly forbidden. Impersonation of others, including an HaimaChek employee, host, or representative or other members or visitors on the Site is prohibited. You may not upload to, distribute, or otherwise publish through the Site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable, or which may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any law. You may not upload commercial content on the Site or use the Site to solicit others to join or become members of any other commercial online service or other organization.

3. DISCLAIMER

HaimaChek makes no warranties or representations about the accuracy or completeness of the Content or the content of any site or External Sites (defined below). HaimaChek may change the programs or products mentioned at any time without notice. Mention of non-HaimaChek products or services is for information purposes only and constitutes neither an endorsement nor a recommendation.
THIS SITE AND ANY CONTENT, PRODUCTS OR SERVICES PROVIDED VIA THE SITE, INCLUDING LINKS, ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, HaimaChek DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. HaimaChek DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. HaimaChek DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. AS A CONDITION OF YOUR USE OF THE SITE, YOU WARRANT TO HaimaChek THAT YOU WILL NOT USE THE SITE FOR ANY PURPOSE THAT IS UNLAWFUL OR PROHIBITED BY THESE TERMS OF USE.

4. TRADEMARKS

All trademarks, service marks, trade names and trade dress, whether registered or unregistered (collectively the "Marks") that appear on the Site are proprietary to HaimaChek or other third parties. You may not display or reproduce the Marks other than with the prior written consent of HaimaChek or such third party which may own the Mark, and you may not remove or otherwise modify any Mark notices from any Content.

5. COPYRIGHTS

The Content and the Site, including the selection and arrangements thereof, are copyrighted as a collective work under the United States and other copyright laws and are the sole property of HaimaChek and/or its licensors and are protected by patent, copyright and other intellectual property laws and may not be used except in accordance with these Terms of Use or with HaimaChek's express written consent. Other than as necessary for your use of the Site in accordance with these Terms of Use, HaimaChek grants no other privileges or rights in the Content to you, and you must keep intact all patent, copyright and other proprietary notices on the Content. Any Content owned by HaimaChek's licensors may be subject to additional restrictions.

6. NOTICES AND PROCEDURES FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

If you believe that your work has been copied on this Site in a way that constitutes copyright infringement, pursuant to the Digital Millennium Copyright Act ("DMCA"), please provide HaimaChek with ALL of the following information:
  • a physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive copyright that is allegedly infringed;
  • a description of the copyrighted work that you claim has been infringed;
  • a description of where the material that you claim is infringing is located on the Site;
  • your address, telephone number, and email address and all other information reasonably sufficient to permit HaimaChek to contact you;
  • 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;
  • a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Notices of claimed copyright infringement should be directed to:
By mail:
Legal Department
Haimachek Inc.
2200 Santa Monica Blvd
Santa Monica CA 90404

Upon receipt of notices complying with the DMCA, HaimaChek will act to remove or disable access to any material found to be infringing or found to be the subject of infringing activity and will act to remove or disable access to any reference or link to material or activity that is found to be infringing.
IMPORTANT NOTE: THE PRECEDING INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING HaimaChek THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED. ALL OTHER INQUIRIES, SUCH AS PRODUCT OR SERVICE RELATED QUESTIONS AND REQUESTS, OR QUESTIONS ON PRIVACY, WILL NOT RECEIVE A RESPONSE THROUGH THIS PROCESS.

7. USER PARTICIPATION

HaimaChek does not and cannot review all communications and materials posted to or created by users accessing the Site and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user generated content on the Site, HaimaChek is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the Site. However, HaimaChek reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) violates any law or regulation or (e) offensive or otherwise unacceptable to HaimaChek at its sole discretion. Note that any personally identifiable information you may post or transmit will be treated by HaimaChek in accordance with HaimaChek's Privacy Policy.

8. USER SUBMISSIONS

Except for any personally identifiable information we may collect from you under the guidelines established in our Privacy Policy, any material, information or other communication you transmit, upload or post to this Site ("Communications") will be considered non-confidential and non-proprietary. HaimaChek will have no obligations with respect to the Communications. HaimaChek and its designees will be free to copy, disclose, distribute, incorporate and otherwise use the Communications and all data, images, sounds, text, and other things embodied therein for any and all commercial or noncommercial purposes.

9. THIRD-PARTY LINKS

This Site may contain links to other sites on the Internet that are owned and operated by third parties other than HaimaChek (the "External Sites"). These linked sites are only for your convenience and therefore you access them at your own risk, and you may be subject to the terms and conditions and the privacy policies imposed by such third parties. Links do not imply that HaimaChek sponsors, endorses, is affiliated with or associated with, or has been legally authorized to use any trademark, trade name, service mark, design, logo, symbol or other copyrighted materials displayed on or accessible through such External Sites.

10. LIMITATION OF LIABILITY

IN NO EVENT SHALL HaimaChek, OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIES, LICENSORS AND THIRD PARTY PARTNERS, BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL, DAMAGES, OR ANY DAMAGES WHATSOEVER, EVEN IF HaimaChek HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, TORT, OR ANY OTHER THEORY ARISING OUT OF OR IN CONNECTION WITH:
  • THE USE OF OR INABILITY TO USE THE SITE OR ITS CONTENT, INCLUDING ANY UNAVAILABILITY OR NONPERFORMANCE OF THE SITE, ERRORS, OMISSIONS, VIRUSES AND MALICIOUS CODE;
  • ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE SITE;
  • ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SITE OR THE CONTENT;
  • UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR
  • ANY OTHER MATTER RELATING TO THE SITE, THE SERVICE, OR THE CONTENT.

IF YOU ARE DISSATISFIED WITH THE SITE, THE CONTENT, OR WITH THE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

11. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless HaimaChek, its affiliates, its officers, directors, employees, agents, licensors and suppliers from and against all claims, losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from or arising out of your use, misuse, or inability to use this Site, or any violation by you of these terms and conditions.

12. APPLICABLE LAWS

Your use of this Site shall be governed in all respects by the laws of the State of Delaware, U.S.A., without regard to choice of law provisions. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this Site shall be in the state or federal courts located in the North District of Georgia. Any cause of action or claim you may have with respect to the Site must be commenced within one (1) year after the claim or cause of action arises. HaimaChek's failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not be construed as a waiver of any provision or right. HaimaChek may assign its rights and duties under this Agreement to any party at any time without notice to you.
HaimaChek makes no representation that materials in the Site are appropriate or available for use in other locations, and access to them from territories where their content is illegal is prohibited. Those who choose to access this Site from locations outside the United States do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the materials in violation of U.S. export laws and regulations.

13. MEMBER ACCOUNT, PASSWORD AND SECURITY
For member access, you confirm that the account information you have provided is truthful and accurate, and that you will keep your account password and information confidential and not share it with any other person. If you become aware of or should reasonably know about use or potential use of your password or account by any person other than you, you will be responsible for any and all liability incurred by HaimaChek or any other user of this Site due to unauthorized use. At its sole discretion, HaimaChek may: (i) require you to update your password, (ii) suspend or limit the use of your account, (iii) refuse to provide services, and/or (iv) place a hold on any transactions.

14. GENERAL
HaimaChek may revise these Terms of Use at any time by updating this posting. You should visit this page from time to time to review the then-current Terms of Use because they are binding on you. Certain provisions of these Terms of Use may be superseded by expressly designated legal notices or terms located on particular pages at this Site. If any provision of these Terms of Use is held to be invalid, illegal or unenforceable in any respect under any applicable law or rule in any jurisdiction, such invalidity, illegality or unenforceability will not affect the effectiveness or validity of any provision in any other jurisdiction, and these Terms of Use will be reformed, construed and enforced in such jurisdiction as if such provision had never been contained herein. You agree that no joint venture, partnership, employment, or agency relationship exists between you and HaimaChek as a result of these Terms of Use, our Privacy Policy or any use of the Site. HaimaChek's performance of these Terms of Use is subject to existing laws and legal process, and nothing contained in these Terms of Use, or our Privacy Policy is in derogation of HaimaChek's right to comply with law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by HaimaChek with respect to such use. These Terms of Use, and our Privacy Policy constitute the entire agreement between you and HaimaChek with respect to the Site, and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and HaimaChek with respect to the Site. We may provide notice to you hereunder by posting announcements to the Site.

Privacy Policy



HaimaChek respects your privacy. When using our sites, you may get information, access online products and services, communicate with us or link to other web sites with which we do business. While doing that, you may be asked to give us information so that we can provide enhanced products to you and to personalize your experience on our website. This online privacy policy describes how we use and protect Personally Identifiable Information that you share with us ("PII").
The following principles govern web-sites owned and operated by HaimaChek. These principles do not govern web-sites of other parties to which we may provide links because HaimaChek is not responsible, nor can we control the privacy practices or content of those sites.

INFORMATION COLLECTION AND USE

HaimaChek collects PII when you register for a HaimaChek webcast, ask to receive a HaimaChek newsletter, or request HaimaChek information from sales, employment, investor relations or general inquiries.
By entering information into the HaimaChek website, you are consenting to allowing us to use your PII for the purpose related to the entry of the information (ex. receipt of marketing material, phone calls, etc.) and for surveys.
When you contact HaimaChek, we ask for your name, company, title, email address, physical address and telephone number.
HaimaChek automatically receives and records information on our server logs from your browser including your IP address and the page you requested.
HaimaChek routinely collects information such as webcast time-stamps and logs events.

RETENTION AND RELEVANCE

HaimaChek retains the PII that it collects only for the period of time such information is required to achieve the purposes set forth above. Generally, the retention period, will not be greater than one year after you cease to access the site depending on the purpose and any regulatory or audit requirements.
HaimaChek uses and retains only your PII which is directly relevant to the purpose for which it is collected. This information is retained as you provide it but will be updated when you notify us of changes in order to maintain its accuracy.

INFORMATION SHARING AND DISCLOSURE

HaimaChek will not sell or rent your PII to anyone.
HaimaChek will send PII about you to other companies or people only when:
  • We need to share your information to provide the product or service you have requested;
  • We need to send the information to companies who work on behalf of HaimaChek to provide a HaimaChek product or service or to otherwise assist HaimaChek with its business activities. (Unless we tell you otherwise, these companies do not have any right to use the PII we provide to them beyond what is necessary to assist us and are required to safeguard PII and not to disclose PII to others).

You have the ability to edit, correct or erase your PII, at any time. To request such account maintenance send your email request to legal@haimachek.com. You may also indicate that you do not wish to receive messages from HaimaChek regarding our products or services or update your information relating to such messages at legal@haimachek.com. You may also write to HaimaChek Marketing, 2200 Santa Monica Blvd, Santa Monica CA 90404, USA. Following your request for either type of data editing, your information will be changed in HaimaChek databases after we receive the information necessary to process your request.

DISCLAIMER

HaimaChek will not be responsible for typographical or other errors or omissions regarding pricing, availability, specifications, images or other information. Prices are subject to change without notice. HaimaChek reserves the right at its sole discretion to refuse any order or request for quote.

PRIVACY POLICY

Information entered on this site is used solely for HaimaChek internal and marketing purposes.

IMAGES SOURCE

Black & Red: Author: tarapong / 123RF Lizenzfreie Bilder
Blood & Cancer: Author: eraxion / 123RF Lizenzfreie Bilder