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Welcome to the Guided Therapeutics Web site! Before
taking advantage of the many useful services offered
here, please take a minute to ensure that you understand
the terms and conditions of our relationship by reading
this important information.
By
using the Guided Therapeutics Web site, you agree to be
bound by these Terms of Service. If you do
not
agree with any of these terms, please do not use this
Web site. Guided Therapeutics reserves the right to
update or change these Terms of Service at any time and
for any reason, without notice. By continuing to use the
services offered on this Web site, you agree to be bound
by any such revisions and should therefore periodically
visit and print the latest version of the Terms of
Service for your records. For your information, the date
of the last update to these Terms of Service is stated
at the top of this document.
THIS
AGREEMENT INCLUDES:
1.
Modifications
2.
Monitoring
3.
Disclaimers
4.
Limitations of Liability
5.
Intellectual Property
6.
Company Center
7.
Links
to Other Web Sites
8.
Unsolicited Ideas
9.
General Legal Provisions
1.
MODIFICATIONS
We may
discontinue, add to, modify, upgrade, or replace all
aspects of the Guided Therapeutics Web site in our sole
discretion and without notice. In particular, we reserve
the right in our sole discretion to modify, supplement,
delete, discontinue, or remove any software, file,
publications, information, communication, or other
content appearing on or transmitted through the Web
site.
However, Guided
Therapeutics has no obligation to update any statements
or information on this Web site. You should assume that
the statement or information on the site is correct only
as of the date of its initial posting.
2.
MONITORING
Guided
Therapeutics has no obligation to monitor the services
offered on the Guided Therapeutics Web site or any use
thereof or to retain the content of any user session.
However, Guided Therapeutics reserves the right at all
times to monitor, review, retain, and/or disclose any
information as necessary to satisfy any applicable law,
regulation, legal process, or governmental request or to
cooperate with law enforcement or other authorities in
investigating a claim of illegal activity. Guided
Therapeutics may use IP addresses to identify a user
when we believe it is necessary to enforce compliance
with our Terms of Service or to protect our service,
site, customers, or others.
3.
DISCLAIMERS
YOUR USE
OF
WWW.GUIDEDTHERAPEUTICS.COM IS AT YOUR SOLE RISK.
NEITHER GUIDED THERAPEUTICS NOR ANY OF ITS EMPLOYEES,
AFFILIATES, AGENTS, THIRD-PARTY CONTENT PROVIDERS, AND
SUPPLIERS WARRANTS THAT
WWW.GUIDEDTHERAPEUTICS.COM WILL BE UNINTERRUPTED OR
ERROR-FREE; NOR DOES GUIDED THERAPEUTICS MAKE ANY
WARRANTY AS TO THE ACCURACY, RELIABILITY, COMPLETENESS,
OR CONTENT OF ANY INFORMATION OR SERVICE PROVIDED
THROUGH
WWW.GUIDEDTHERAPEUTICS.COM.
ALL SERVICES AND MATERIALS
OBTAINED THROUGH
WWW.GUIDEDTHERAPEUTICS.COM, INCLUDING ALL TEXT,
GRAPHICS, LINKS, ANIMATION, JAVA SCRIPT, AND "COOKIES,"
ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES AND
CONDITIONS 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 OR NON-INFRINGEMENT, OTHER THAN THOSE
WARRANTIES THAT ARE IMPLIED BY AND INCAPABLE OF
EXCLUSION, RESTRICTION, OR MODIFICATION UNDER THE LAWS
APPLICABLE TO THIS AGREEMENT.
THIS DISCLAIMER OF
LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY
FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION,
DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION,
COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR
DESTRUCTION, OR UNAUTHORIZED ACCESS TO, ALTERATION OF,
OR USE OF RECORD, AND ALL CAUSES OF ACTION FOR THE SAME,
WHETHER BASED ON BREACH OF CONTRACT, TORTIOUS BEHAVIOR,
NEGLIGENCE, OR OTHERWISE. YOU SPECIFICALLY ACKNOWLEDGE
THAT GUIDED THERAPEUTICS IS NOT LIABLE FOR THE
DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS
OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE
FOREGOING RESTS ENTIRELY WITH YOU.
NO ADVICE OR INFORMATION
WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THIS
WEB SITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED
IN THE TERMS.
Some jurisdictions do not
allow the exclusion of certain warranties. Accordingly,
the above limitation may not apply to you.
4.
LIMITATION OF LIABILITY
TO THE
MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT
WILL GUIDED THERAPEUTICS OR ANY OF ITS EMPLOYEES,
AFFILIATES, AGENTS, CONTENT PROVIDERS, OR SUPPLIERS BE
LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT,
OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING WITHOUT
LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS,
BUSINESS INTERRUPTION, LOSS OF DATA, OR ANY OTHER
PECUNIARY LOSS), WHETHER IN AN ACTION IN WARRANTY,
CONTRACT, OR TORT, ARISING OUT OF OR IN ANY WAY
CONNECTED WITH THE USE OR PERFORMANCE OF THIS WEB SITE.
Some states do not allow
the exclusion or limitation of incidental or
consequential damages, so the above limitation may not
apply to you.
5.
INTELLECTUAL PROPERTY
Copyrights: All of the content of the Guided
Therapeutics Web site, including text, graphics, logos,
button icons, images, pictures, audio clips, and
software, is the property of Guided Therapeutics, our
strategic partners or suppliers, or content providers
and is protected by United States copyright laws. The
contents of www.GuidedTherapeutics.com are copyrighted
as a collective work under the United States copyright
laws. Except as granted in the limited license below,
any other use of this content, including modification,
transmission, presentation, distribution, or
republication, is prohibited without the prior written
consent of Guided Therapeutics.
Trademarks: All
trademarks, trade names, brand names, and service marks
of Guided Therapeutics, whether registered or
unregistered, are the property of Guided Therapeutics
and are protected by United States trademark laws.
Except as granted in the limited license below, any use
of these assets is prohibited without the prior written
consent of Guided Therapeutics. All other trademarks,
product names, and company names or logos cited herein
are the property of their respective owners.
Patents: All patents
issued to and patent applications filed by Guided
Therapeutics are the property of Guided Therapeutics and
are protected by United States patent laws. Any use of
these patented or patentable assets is prohibited
without the prior written consent of Guided
Therapeutics.
Limited License: You may
display and, subject to any expressly stated
restrictions or limitations relating to specific
material as may be posted on the Guided Therapeutics Web
site or otherwise known to you, download portions of the
material from the various locations on Guided
Therapeutics solely for your personal, non-commercial
use.
Termination of License: If
you violate any of these Terms of Service, your
permission to use the content of this Web site
automatically terminates and you must immediately
destroy any copies you have made of any portion of the
content.
6.
COMPANY CENTER
Forward-Looking Statements:
Statements on this Web site that express "belief,"
"anticipation," or "expectation" as well as other
statements that are not historical fact are
"forward-looking statements" within the meaning of
Section 27A of the Securities Act of 1933 and Section
21E of the Securities Exchange Act of 1934. These
forward-looking statements are subject to certain risks
and uncertainties that could cause actual results to
differ materially from historical results or anticipated
results. Examples of such uncertainties and risks
include, but are not limited to:
-
whether Guided Therapeutics' products in development
will prove safe and effective;
-
whether and when Guided Therapeutics and/or any
potential strategic partners will obtain approval
from the United States Food and Drug Administration
("FDA") and corresponding foreign agencies;
-
Guided Therapeutics' need to achieve manufacturing
scale-up in a timely manner and its need to provide
for the efficient manufacturing of sufficient
quantities of its products;
-
the lack of immediate alternate sources of supply
for some critical components of its products;
Guided Therapeutics' patent and intellectual
property position;
-
Guided Therapeutics' need to fully develop the
marketing, distribution, customer service, and
technical support and other functions critical to
the success of Guided Therapeutics' potential
product lines; and
-
the effectiveness and ultimate market acceptance of
Guided Therapeutics' products;
7.
LINKS TO OTHER WEB SITES
The Guided
Therapeutics Web site may contain links to third-party
Web sites ("Third-Party Sites"). We do not, either
expressly or by implication, endorse the content on
these Third-Party Sites or any association it may have
with third parties. The links are provided for your
convenience only. We have no control over such
Third-Party Sites, nor do we review the content on them;
therefore, we are not responsible or liable for any
content, advertising, products, or other materials on or
available from such Third-Party Sites. You further
acknowledge and agree that we are not responsible or
liable, either directly or indirectly, for any damage or
loss caused or alleged to be caused by or in connection
with use of or reliance on any such content, goods, or
services available on or through any such Third-Party
Site or resource.
8.
UNSOLICITED IDEAS
Guided
Therapeutics is in search of innovative medical
technology to license and commercialize and is
interested in discussing projects or ideas that may have
application to non-invasive or less invasive medical
diagnostics and monitoring. However, please be aware
that if you submit any unsolicited ideas, including
ideas for new advertising campaigns, new products or
technologies, or new product names, then, in absence, of
an agreement between us to contrary, the information
will be deemed, and will remain, the property of Guided
Therapeutics. None of the information contained in any
such materials will be treated as confidential or
proprietary, and Guided Therapeutics will not be liable
for any use or disclosure of such information,
commercial or otherwise.
9.
GENERAL LEGAL PROVISIONS
International Laws: Guided Therapeutics' headquarters
are located in Norcross, Georgia, in the United States
of America. Guided Therapeutics makes no claims that the
information, products, customization, materials,
services, and advice provided on this Web site are
appropriate or may be downloaded outside of the United
States. Access to the information, products,
customization, materials, services, and advice may not
be legal by certain persons or in certain countries. If
you access this Web site from outside the United States,
you do so at your own risk and are responsible for
compliance with the laws of your jurisdiction.
Choice of Law and Forum:
You expressly agree that exclusive jurisdiction for any
dispute with Guided Therapeutics, or in any way relating
to your use of the Guided Therapeutics Web site, resides
in the courts of the State of Georgia, U.S.A., and you
further agree and expressly consent to the exercise of
personal jurisdiction in the courts of the State of
Georgia, U.S.A. in connection with any such dispute
including any claim involving Guided Therapeutics or its
affiliates, subsidiaries, employees, contractors,
officers, directors, telecommunication providers, and
content providers. These Terms of Service are governed
by the internal substantive laws of the State of
Georgia, U.S.A. without respect to its conflict of laws
principles.
Entire Agreement: Except
as expressly provided in a particular "legal notice" on
the Guided Therapeutics Web site, these Terms of Service
constitute the entire agreement between you and Guided
Therapeutics with respect to the use of this Web site
and the information, products, customization, materials,
services, and advice provided on the Web site. You also
may be subject to additional terms and conditions that
may apply when you use affiliate services, third-party
content, or third party software.
Termination: Guided
Therapeutics may terminate these Terms of Service
without cause at any time and effective immediately. In
addition, Guided Therapeutics, in its sole discretion,
may terminate these Terms of Service immediately and
without notice for violation of any part of these Terms
of Service. You may also terminate these Terms of
Service by simply discontinuing use of the Guided
Therapeutics Web site. In the event of any termination
of these Terms of Service, the restrictions on your use
of the content of the Guided Therapeutics Web site (as
set forth in Paragraph 6 ("Intellectual Property)) will
survive such termination, and you agree to be bound by
those terms.
Indemnity: You agree to
defend, indemnify, and hold harmless Guided
Therapeutics, its officers, directors, employees,
agents, licensors, suppliers, affiliates, and licensees
from and against any claims, actions, or demands,
liabilities, damages, and settlements (including without
limitation, reasonable legal and accounting fees and
litigation expenses) resulting from, or alleged to
result from, your violation of these Terms of Service or
relating to or arising from your use of the Guided
Therapeutics Web site, Guided Therapeutics services, and
any products or services obtained on or through the
Guided Therapeutics Web site.
Waiver & Severability: Our
failure to exercise or enforce any right or provision of
the Terms of Service will not constitute a waiver of
such right or provision. If any provision of the Terms
of Service is found by a court of competent jurisdiction
to be invalid, the parties nevertheless agree that the
court should endeavor to give effect to the parties'
intentions as reflected in the provision, and the other
provisions of the Terms of Service remain in full force
and effect. No waiver of any of the Terms of Service
will be deemed a further or continuing waiver of such
term or condition or any other term or condition.
Limitation on Actions: You
agree that, regardless of any statute or law to the
contrary, any claim or cause of action arising out of or
related to use of the Guided Therapeutics Web site or
these Terms of Service must be filed within one year
after such claim or cause of action arose or be forever
barred.
Export: The U.S. export
control laws regulate the export and re-export of
technology originating in the United States. This
includes the electronic transmission of information and
software to foreign countries and to certain foreign
nationals. You agree to abide by these laws and their
regulations - including but not limited to the Export
Administration Act and the Arms Export Control Act - and
not to transfer, by electronic transmission or
otherwise, any content derived from the Guided
Therapeutics Web site to either a foreign national or a
foreign destination in violation of such laws.
Thank you for your
cooperation. We hope you find the Guided Therapeutics
Web site helpful and convenient to use. If you have any
questions or concerns about how your personal
information will be treated as you make use of this Web
site. Questions or comments regarding this Web site
should be directed by e-mail to
bwells@GuidedTherapeutics.com, or by telephone to
Bill Wells at 770-242-8723, or by U.S. mail to Guided
Therapeutics, c/o Bill Wells, 4955 Avalon Ridge Parkway,
Suite 300, Norcross, GA 30071.
Copyright © 2006 Guided
Therapeutics All rights reserved.
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