Terms of Use

Welcome to the website for Belay Diagnostics, Inc. (“we,” “us,” or “Belay”). By using or visiting this website, you signify your agreement to be bound and abide by the terms and conditions expressed in these Terms of Use. If you do not agree to Terms of Use, do not access or use this website. Belay may revise and update these Terms of Use from time to time in its sole discretion. All changes are effective immediately upon posting and apply to all access to and use of this website thereafter. Your continued use of this website following the posting of any such revised Terms of Use constitutes your acceptance to such revisions. Your continued use of this website constitutes your agreement to the Terms of Use posted on the Belay website.

Information on this Website

The materials on this website are provided for general information only and any reliance on the materials on this website is at your own risk. We reserve the right to change any and all such materials and to modify, suspend or discontinue this website, or any features or functionality of this website, or any services offered through this website at any time without notice and without any obligation or liability to you. 

Your Use of this Website

This website is for your personal and noncommercial use. As a condition to your continued use of this website, you warrant to Belay that you will not use this website for any purpose that is unlawful or prohibited by these Terms of Use.

This website and all materials on this website, including the Belay logo, and all designs, text, graphics, pictures, information, data, software, files and the selection and arrangement thereof (collectively, the “Website Content”) are owned by or licensed to Belay and are protected by copyright, trademark, or other intellectual property rights.

Belay hereby grants you permission to access and use the Website Content and electronically copy, and print a reasonable number of hard copy portions of the Website Content for your informational, non-commercial and personal use only. Such permission is subject to these Terms of Use and does not include the right to any: (a) resale or commercial use of this website or the Website Content; (b) distribution, public performance or public display of any Website Content; (c) modifying or otherwise making any derivative uses of this website or the Website Content, or any portion thereof; (d) use of any data mining, web scraping tools, robots or similar data gathering or extraction methods with respect to the website or the Website Content; (e) download (other than the page caching) of any portion of this website or the Website Content, except as expressly set forth herein; or (f) use of this website or the Website Content other than for their expressly stated purposes.

Any use of this website or the Website Content, other than as specifically authorized herein, without the prior written permission of Belay, is strictly prohibited and will terminate the permission granted under the Terms of Use. Such unauthorized use may also violate applicable laws, including without limitation, copyright and trademark laws and applicable communications regulations and statutes.

Your Submissions to this Website

You acknowledge that you are responsible for any submission you make, including without limitation, owning and possessing any applicable rights and consents associated therewith. You grant Belay and our affiliates and our service providers, and each of their and our respective licensees, successors, and assigns the right to use reproduce, modify, perform, display, distribute, disclose to third parties, and otherwise exploit your submissions in connection with the stated purposes for which such submissions have been made.

Links to Third Party Websites

This website may contain hyperlinks to other Internet websites. Belay does not control these other websites and is not responsible for their content; nor does Belay’s inclusion of hyperlinks to such other websites imply any endorsement or approval of the material on such other websites or any association with their owners or operators.

Copyrights and Trademarks

“Belay Diagnostics” along with other related logos, trade names, service names, or slogans contained in this website are trademarks of Belay or its affiliates and may not be copied, imitated or used, in whole or in part, without the prior express written permission of Belay. You may not use any metatags or any other “hidden text” utilizing the marks or any other name, trademark or service name of Belay for any purpose without our prior written permission. All other trademarks, names or logos mentioned in this website are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.  

Indemnification

You agree to indemnify, defend and hold harmless Belay and any of its affiliates or subsidiaries, and their officers, directors, employees, agents, licensors and suppliers, from and against all losses, liabilities, expenses, damages and costs, including without limitation reasonable attorneys’ fees and court costs, arising or resulting from any violation of these Terms of Use by you, or if you cause any technical disruption of this website or the systems transmitting this website to you or others.

Disclaimers

THIS WEBSITE AND THE WEBSITE CONTENT ARE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, AND BELAY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, AND ANY WARRANTIES ARISING OUT OF A COURSE OF DEALING OR USAGE OF TRADE. BELAY DOES NOT REPRESENT OR WARRANT THAT MATERIALS ON THIS WEBSITE OR THE SERVICES ARE ACCURATE, COMPLETE, SECURE, RELIABLE, CURRENT OR ERROR-FREE, OR THAT THIS WEBSITE OR ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, YOU UNDERSTAND AND AGREE THAT NEITHER BELAY NOR ANY OF ITS AFFILIATES OR THIRD PARTY CONTENT PROVIDERS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, PUNITIVE OR ANY OTHER DAMAGES RELATING TO OR RESULTING FROM YOUR USE OR INABILITY TO USE THIS WEBSITE OR ANY OTHER WEBSITE YOU ACCESS THROUGH A LINK FROM THIS WEBSITE. THIS LIMITATION APPLIES REGARDLESS OF WHETHER THE DAMAGES ARE CLAIMED UNDER THE TERMS OF A CONTRACT, AS THE RESULT OF TORT (INCLUDING NEGLIGENCE) OR OTHERWISE ARISE OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE WEBSITE OR WEBSITE CONTENT, AND EVEN IF WE OR OUR AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 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, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Applicable Law and Jurisdiction

All matters relating to this website and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Illinois without giving effect to any choice or conflict of law provision or rule (whether of the State of Illinois or any other jurisdiction).

Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or this website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Illinois, in each case located in the City of Chicago and Cook County. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Termination

Notwithstanding any of these Terms of Use, Belay reserves the right, without notice and in its sole discretion, to terminate your privilege to use this website, and to block or prevent your future access to and use of this website.

Severability

If any provision of these Terms of Use is held to be unenforceable, such provision will be modified to the minimum extent necessary to make it enforceable while retaining most closely its original intent (if permitted by law), or disregarding that provision and severing it from these Terms of Use (if such modification is not permitted by law).  If such a provision is modified or disregarded in accordance with this Section, the rest of these Terms of Use shall remain in effect as written.

Contact Information

Questions or comments about these Terms of Use or this website may be directed to Belay at the email address contact@belaydiagnostics.com.

These Terms of Use are effective as of July 25, 2023.

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