Last Updated: June 7, 2017
Last Updated: June 7, 2017
Access to the Site
We reserve the right to take down or amend the Site, including any content, services or materials provide on the Site, in our discretion at any time. Periodically, we also may limit access to parts of the Site, or the entire Site, to users, including Registered Users.
We have no obligation to update any information or content on the Site, and information or content may be out of date at any given time.
Permitted Uses of the Site
You agree that you will not interrupt or attempt to interrupt the operation of this Site in any way. You will not impersonate any person or entity, or misrepresent your affiliation with a person or entity, or misrepresent the origin of any information that you provide to us. You agree that your use of the Site will at all times be for a lawful purpose and you agree to comply with all applicable laws and regulations in your use of the Site. Possible evidence of use of this Site for illegal purposes may be provided to law enforcement authorities.
You will not transmit, distribute, introduce or otherwise make available in any manner through the Site any computer virus, keyloggers, spyware, worms, Trojan horses, timebombs or other malicious or harmful programming (collectively, “Malware”). We do not have an obligation to detect the presence of such Malware. If you download software or any other Content from the Site, you do so at your own risk.
Age and Geographic Restrictions
The Site may be accessed only by individuals who are 18 years of age or older. OM1 is based in the Commonwealth of Massachusetts in the United States of America. The Site is provided for use only by persons located in the United States. We make no representation that the Site or content in the Site is appropriate or available for use in other locations, and access to the Site from territories where the content of the Site may be illegal is prohibited. If you choose to access the Site from any location other than the United States, you accept full responsibility for compliance with all local laws that are applicable.
OM1 retains ownership of the Site and all materials provided on the Site, as well as all rights, title, and interest therein, including, without limitation, all patents, copyrights, trade secrets, trademarks and other proprietary rights. You acknowledge and agree that the Site, and any necessary software used in connection with the Site (“Software”) are proprietary and confidential and are protected by applicable intellectual property and other laws. Except as expressly authorized in advance in writing by OM1, you shall not modify, rent, lease, loan, sell, distribute or create derivative works based, in whole or in part, on the Site or the Software. You shall not claim or assert any right or title to the Site or Software, or otherwise interfere with OM1’s ownership rights therein.
You shall not (and shall not permit any third party to) copy, modify, create a derivative work of, reverse engineer, decompile, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Site or Software. You shall not modify the Site or Software in any manner or form, or use modified versions of the Site or Software. You shall not access the Site by any means other than through the interface that is provided by OM1.
In the event of any actual or suspected breach of the terms of this Proprietary Rights section, you acknowledge and agree that OM1 would suffer irreparable harm and that, in addition to any other available rights and remedies, OM1 shall be entitled to an injunction restricting you from committing or continuing any violation hereof.
Copyrights and Trademarks
The contents and materials appearing on this Site, including the text, site design, logos, graphics, icons and images, as well as the selection, assembly and arrangement thereof, are the sole property of OM1 or used under license. You acknowledge that all such materials are and shall remain our property or the property of our licensors. You may use the content of the Site only for your personal, non-commercial use, and no content may be reproduced, downloaded, republished, retransmitted, distributed, adapted or otherwise used without the written permission of OM1 or its licensors. You may not modify, transmit, participate in the sale or transfer of, or create derivative works based on any Site content, in whole or in part.
“OM1,” “OM1 Health,” “OM1 Predict,” “OM1 Pro,” “OM1 Score,” the OM1 logo, and all related logos, product and service names, designs and slogans are registered trademarks or trademarks of OM1 or its affiliates or licensors. All other names, logos, product and service names, designs and slogans on the Site are the registered trademarks or trademarks of their respective owners in the United States and/or other countries. The use or misuse of these trademarks or any other materials, except as permitted herein, is expressly prohibited and may be in violation of federal and state law and the trademark laws throughout the world. Nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any trademark of OM1 or any third party. You may not use our name, trademark, symbol or service mark without our prior express written approval.
Any unauthorized use of the Site or materials appearing on the Site may violate copyright, trademark or other applicable laws and could result in criminal or civil penalties.
Third Party Materials
OM1 may make available materials that are owned by third parties, such as health-related surveys and instruments (“Licensed Properties”). By using the Site, you hereby agree to the following: (a) you may use the Licensed Properties only for your internal, non-commercial purposes; (b) you may not use the Licensed Properties in any time-sharing, service bureau, application service provider or software-as-a-service arrangement or service; (c) you may not transfer or convey any rights or licenses granted to you with respect to the Licensed Properties; and (d) you may not cause or permit the copying, modification, reverse engineering or de-compilation of any Licensed Properties. You acknowledge that OM1 and the applicable licensors of the Licensed Properties disclaim any and all warranties and liabilities for any losses or damages, whether direct or indirect, including incidental or consequential damages, arising from the use of the Licensed Properties.
You may not link to the Site from any other website, and you may not copy the contents or other elements of the Site (e.g., framing) with any other website, unless we approve in advance in writing.
Communications With Us
We are unable to guarantee the confidentiality of any communication or material transmitted to us via the Site or otherwise via electronic mail. Accordingly, you should use caution when transmitting any information to us via such means. For example, you should not include confidential or sensitive information about you (such as your Social Security number) in any email that you send to us. We hereby expressly disclaim any liability for damages resulting from third party interception of your communications with us via the Site or via electronic mail. If you choose to send us any information via the Site or via e-mail, you do so solely at your own risk.
Disclaimer of Warranties
THE SITE AND ALL CONTENT ON THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. OM1 MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, CURRENCY, OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH THE SITE. UNDER NO CIRCUMSTANCES WILL OM1 BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE SITE, AND YOU ARE SOLELY RESPONSIBLE FOR VERIFYING ANY INFORMATION BEFORE RELYING ON IT. USE OF THE SITE AND THE CONTENT AVAILABLE ON THE SITE IS AT YOUR SOLE RISK. OM1 MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE. YOU UNDERSTAND AND AGREE THAT ANY CONTENT, MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS USED AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT, MATERIAL AND/OR DATA.
WHILE HEALTH INFORMATION PROVIDED THROUGH THE SITE MAY BE A VALUABLE RESOURCE, IT IS NOT DESIGNED TO OFFER MEDICAL ADVICE OR DIAGNOSES. SUCH HEALTH INFORMATION IS PROVIDED FOR GENERAL MEDICAL EDUCATION PURPOSES ONLY AND IS NOT MEANT TO SUBSTITUTE FOR THE INDEPENDENT MEDICAL JUDGMENT OF A CLINICIAN RELATIVE TO DIAGNOSTIC AND TREATMENT OPTIONS OF A SPECIFIC PATIENT. CLINICAL JUDGMENT MUST GUIDE EACH CLINICIAN IN WEIGHING THE BENEFIT OF ANY DIAGNOSTIC INTERVENTION OR TREATMENT APPROACH AGAINST THE RISK OF THE INTERVENTION OR TREATMENT. IN NO EVENT WILL OM1 BE LIABLE FOR ANY DECISION MADE, TREATMENT PROVIDED AND/OR ACTION TAKEN IN RELIANCE UPON THE INFORMATION PROVIDED THROUGH THE SITE.
Limitation of Liability
BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THIS LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY THE LAW OF SUCH JURISDICTION.
You agree that the sole jurisdiction and venue for any litigation arising from your use of this site shall be an appropriate federal or state court located in Boston, Massachusetts.