Terms of Use

(Last updated July 2020)
THE TERMS AND CONDITIONS SET FORTH BELOW (THE “TERMS”) GOVERN YOUR USE OF THIS WEBSITE, WWW.GLYSENS.COM, ON THE WORLD WIDE WEB (THE “SITE”) AND IS A LEGALLY BINDING CONTRACT BETWEEN GLYSENS INCORPORATED (“GLYSENS”) AND YOU. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, DO NOT ACCESS OR OTHERWISE USE THIS SITE OR ANY INFORMATION CONTAINED ON THE SITE. YOUR USE OF THE SITE SHALL BE DEEMED TO BE YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS SET FORTH BELOW.
GlySens may make changes, modifications, improvements, or discontinue this site, products, services and/or programs described on this site, if any, at any time without notice. GlySens reserves the right to revise these terms at any time at its sole discretion and without notice. Changes to these terms become effective on the date they are posted and your continued use of the Site after any changes to the terms have been posted constitutes your acceptance of such revised terms and your agreement to be bound by them.

Use of the Site. The information contained on this Site is for general informational purposes only. Nothing on this website constitutes, or is meant to constitute, advice of any kind. You may use this Site for your personal purposes only. This Site or any portion of this Site may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose except as expressly permitted by GlySens. Except as otherwise noted in the Site, you are hereby authorized to view, download, cache, copy and print the Materials solely for your personal use and not for resale or further distribution, subject to the following conditions: (1) Any copy of the Materials (defined below) or portion thereof must include the appropriate copyright notice, and (2) GlySens reserves the right to revoke the foregoing authorizations at any time, and immediately discontinue your use of the Materials upon notice from GlySens.

Privacy Policy. Your use of the Site and any information you provide to GlySens through the Site is subject to and governed by the Privacy Policy that is available here.

Use of Copyrighted Materials/Trademarks. Any materials on the Site, including without limitation any screens, documentation, icon, content, text, data, graphics, images, interfaces or other materials or works of authorship, (the “Materials”) are copyrighted materials owned by or licensed to GlySens. All rights are reserved. The Materials contain trademarks, service marks, and trade names which are owned by GlySens and its affiliates, and the Site and Materials may also contain brand and product names which are trademarks, service marks, or trade names of third parties which are owned by their respective owners.

Any product, technology, process, or service described in the Materials may be subject to other intellectual property rights reserved by GlySens, its affiliates, or third parties. Nothing contained in the Site shall be construed as conferring any license or right under any copyright, trade secret, patent, trademark, or other intellectual property rights (“IP Rights”) of GlySens, its affiliates, or any third party, and, except as expressly provided herein, all such IP Rights and any further rights not specifically granted herein in the Materials on the Site are expressly reserved.

Links to Third Party Websites. Through this Site, you may be able to link to other websites on the World Wide Web or Internet that are not under the control of or maintained by GlySens. Such links do not constitute an endorsement by GlySens of those websites. You acknowledge that GlySens is providing these links to you only as a convenience, and further agree that GlySens is not responsible for the content, nature, or availability of such websites. Your use of other websites is subject to the terms of use and privacy policies located on the linked websites.

Regulatory Disclaimer. The products described on this Site are currently under development and are not approved, cleared, or otherwise available for commercial or public distribution.

Medical Information Disclaimer. The Materials may contain information regarding medical conditions and their treatment. Such information is provided for informational purposes only. It is not intended to replace advice from a doctor or other qualified medical professional. You should not use the information on this Site for diagnosing any health condition, health problem, or disease. Always consult with a doctor or other qualified medical professional concerning diagnosis or treatment of medical conditions.

Disclaimer of Warranty. You acknowledge and agree that this Site may include certain errors, omissions, and outdated information which may affect the quality of the Materials. You acknowledge that the Materials have not been independently verified or authenticated in whole or in part by GlySens. GlySens does not warrant the accuracy or timeliness of the Materials, and GlySens has no liability for any errors or omissions in the Materials, whether provided by GlySens or its licensors. GlySens does not warrant that access to the Site, or the Materials provided on the Site, will be uninterrupted or error-free, or that all errors will be corrected.

NEITHER GLYSENS NOR ITS LICENSORS, MAKES ANY REPRESENTATIONS, WARRANTIES, OR GUARANTEES AS TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY, OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED ON THE SITE. THE SITE AND ANY INFORMATION OR MATERIALS CONTAINED ON THE SITE ARE PROVIDED TO YOU ON AN “AS-IS” AND “AS-AVAILABLE” BASIS, AND IS FOR PERSONAL USE ONLY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GLYSENSE HEREBY DISCLAIMS, FOR ITSELF AND ITS LICENSORS, ALL CONDITIONS, REPRESENTATIONS, AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

Limitation of Liability. YOU UNDERSTAND AND AGREE THAT GLYSENS AND ITS SUBSIDIARIES, AFFILIATES, AND LICENSORS SHALL NOT BE LIABLE TO YOU IN ANY EVENT FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, LOSS OF PROFITS, BUSINESS INTERRUPTION, BUSINESS REPUTATION OR GOODWILL, LOSS OF PROGRAMS OR INFORMATION OR OTHER INTANGIBLE LOSS ARISING OUT OF THE USE OF OR THE INABILITY TO USE THE SITE, INFORMATION, OR MATERIALS, OR ANY PERMANENT OR TEMPORARY CESSATION OF THE SITE OR ACCESS TO INFORMATION OR MATERIALS, OR THE DELETION OR CORRUPTION OF ANY MATERIALS OR INFORMATION,. THE ABOVE LIMITATION SHALL APPLY WHETHER OR NOT GLYSENS HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF SUCH DAMAGES. IN JURISDICTIONS WHERE THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES IS NOT ALLOWED THE LIABILITY OF GLYSENS IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
Certain jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the exclusions set forth above may not apply to you.

Miscellaneous. The Terms shall be governed by the laws of the State of California, U.S.A. without regard to conflict of laws principles. The parties agree that any claim shall be brought in the federal and state courts located in San Diego County, California, U.S.A., and both parties hereby submit to the personal and exclusive jurisdiction of such courts. If any provision hereof shall be held illegal, invalid, or unenforceable, in whole or in part, such provision shall be modified to the minimum extent necessary to make it legal, valid, and enforceable, and the remaining provisions of the Terms shall not be affected thereby. The failure of GlySens to enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. The Terms, together with the Privacy Policy, constitute the parties’ entire understanding regarding the use of the Site, the Materials, and supersede any and all other prior or contemporaneous agreements, whether written or oral.
© 2022 GlySens Incorporated. All Rights Reserved.
CAUTION - Investigational device. Limited by Federal (or United States) law to investigational use.
Illustrations are for demonstration purposes only
GlySens® and Eclipse® are trademarks of GlySens Incorporated registered in the U.S. Patent and Trademark Office.
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