Terms of Use

Last updated: December 19, 2023.

These terms of use (“Terms of Use”) apply to www.alethium.health and any other the website owned or managed by Alethium Health Technologies, Inc. (the “Company”) including all products, services, resources, information, materials and other content available on the website (collectively, the “Website”). By accessing the Website and downloading or using any materials and information from the Website , you agree to be bound by and comply with these Terms of Use. If you do not agree with these Terms of Use and Privacy Policy, you should discontinue your use of the Website, downloading or using any material from the Website.

We reserve the right to modify or update these Terms of Use at any time in our sole discretion and without notice. You should review these Terms of Use periodically to ensure that you are aware of any changes. Your continued use of the Website constitutes your acceptance of any revised Terms of Use.

Privacy Policy

The manner in which we collect and use your personal information is set forth in our Privacy Policy as posted on the Website and updated from time to time. We are not responsible for the privacy policies of third parties. Your use of the Website constitutes your acceptance of our Privacy Policy. You should not access the Website if you do not agree with the terms of our Privacy Policy.

Intellectual Property Rights

The Website and its contents (including but not limited to all information, software, text, displays, images, video and audio) are owned by the Company, its licensors or other providers of such materials and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights and laws. No right, title or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted herein are reserved by the Company. Any use of the Website not permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, or other intellectual property laws.

Trademarks

The trademarks, logos and service marks (“Marks”) displayed on this Website are the property of Alethium or other third parties. Users are not permitted to use these Marks without the prior written consent of Alethium or such third party, which may own the Mark. Alethium and Alethium logo are trademarks of Alethium Technologies, Inc.

Links

If the Website contains links to other sites provided by third parties, these links are provided solely for your convenience and, unless expressly stated, do not imply endorsement, sponsorship or recommendation by us of such other sites. We have no control over the contents of those sites and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any third-party website linked to the Website, you do so entirely at your own risk and subject to the terms and conditions of use for such website. Alethium does not accept responsibility for other organizations, businesses, and private persons that may provide information on this Website. Alethium is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Alethium of the Website.

Notice Specific to Documents Available on the Website

Permission to use documents such as data sheets, white papers, technical guides, and press releases contained within the Website is granted, provided that (1) copyright notice below and this permission notice appear on each use of such documents, (2) use of such documents from the Website is for informational and non-commercial or personal use only and the documents will not be copied or posted on any network computer or broadcast in any media, and (3) documents are not copied or posted on any network computer or broadcast in any media. No modifications of any Information is permitted. Use for any other purpose is expressly prohibited by law and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.

The permission above does not include the design or layout of the Alethium.com website or any other Alethium owned, operated, licensed, or controlled website. Elements of the Website are protected by intellectual property and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from any Alethium website may be copied or retransmitted unless expressly permitted by Alethium.

Access to Password Protected Areas.

Access to and use of password protected and/or secure areas of the Website is restricted to authorized users only. Unauthorized individuals attempting to access these areas of the Website may be subject to prosecution.

Visitor Content

You are solely responsible for any information and content that you submit to, or use with, the Website (“Content”). You assume all risks associated with your Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your Content that personally identifies you or any third party. You warrant that your Content does not violate our Acceptable Use Policy. You shall not present or imply to others that your Content is in any way provided, sponsored, or endorsed by Alethium. Alethium is not required to back up any Content, and your Content may be deleted at any time without prior notice.

You hereby grant (and you represent and warrant that you have the right to grant) to Alethium an irrevocable, perpetual, nonexclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display, and perform, prepare derivative works of, incorporate into other works, and otherwise use and exploit your Content, and to grant sublicenses of the foregoing rights, solely for the purposes of including your Content in the Website. You hereby irrevocably waive (and shall cause to be waived) any claims and assertions of moral rights or attribution with respect to your Content.

Unsolicited Information

Any personal information you may provide to Alethium via the Website is subject to the Privacy Policy.

Alethium does not want you to, and you should not, send any confidential or proprietary information to Alethium via the Website. You agree that any information or materials that you or individuals acting on your behalf provide to Alethium will not be considered confidential or proprietary.

You further recognize that Alethium does not want you to, and you warrant that you shall not, provide any information or materials to Alethium that is defamatory, threatening, obscene, harassing, or otherwise unlawful, or that incorporates the proprietary material of another.

Restrictions on Use

You may not access the Website or use the information contained on the Website for any illegal purpose or in any manner inconsistent with these terms and conditions. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the Website’s infrastructure or use any device or computer software to interfere with all or any portion of the Website, including any of the software comprising or in any way making up a part of the Website. You also agree not to scrape, or use any data mining, gathering or extraction tool, or any robot, spider or other automatic device or manual process to copy any portion of the Website.

Claims Resulting From Your Use of the Website

As a condition of use of the Website, you, the end user, agree to indemnify Alethium and its content providers from and against any and all liabilities, expenses, including attorneys’ fees and damages arising out of claims resulting from your use of the Website, including, without limitation, any claims alleging facts that if true would constitute a breach by you of these terms and conditions.

Disclaimers

ALETHIUM MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED ON THE WEBSITE FOR ANY PURPOSE. THE WEBSITE AND ALL OF THE INFORMATION IT CONTAINS IS PROVIDED “AS IS” WITHOUT ANY WARRANTY, CONDITION OR OTHER TERM OF ANY KIND WHETHER EXPRESS OR IMPLIED. ALL IMPLIED WARRANTIES, CONDITIONS AND OTHER TERMS, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, ARE HEREBY EXPRESSLY DISCLAIMED. IN NO EVENT SHALL ALETHIUM BE LIABLE TO ANY PERSON OR BUSINESS ENTITY FOR ANY SPECIAL, DIRECT, INDIRECT, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE WEBSITE OR ANY OTHER WEBSITE TO WHICH THE WEBSITE IS LINKED, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, OR LOSS OF PROGRAMS OR INFORMATION EVEN IF ALETHIUM HAS BEEN SPECIFICALLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE. OUR LIABILITY WITH RESPECT TO YOUR USE OF THE WEBSITE IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW, INCLUDING WITH RESPECT TO ANY DAMAGES, LIABILITIES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION, COMPUTER VIRUS, LINE FAILURE OR OTHER COMPUTER MALFUNCTION. YOUR USE OF THE WEBSITE AND USE OR RELIANCE UPON ANY OF THE MATERIALS ON IT IS SOLELY AT YOUR OWN RISK.

Limitation of Liability

NEITHER THE COMPANY NOR OUR SUPPLIERS SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, HOWEVER CAUSED, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, AND DAMAGES RESULTING FROM YOUR USE OF OR INABILITY TO USE THE WEBSITE OR ANY PRODUCTS OR SERVICES, EVEN IF YOU HAVE ADVISED THE COMPANY IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.

In jurisdictions that do not allow the disclaimer of certain implied warranties or the limitation or exclusion of certain liabilities, some or all of the foregoing may not apply to you.

Content Disclaimer

Alethium shall not be responsible for any errors or omissions contained on the Website and reserves the right to make changes to the Website, the materials and the products, programs, services or prices (if any) described in the Website at any time without notice. User therefore acknowledges and accepts that the information published on the Website may include technical or other inaccuracies or typographical errors. In addition, while we take commercially reasonable efforts to ensure that the Website is secure, we do not and cannot guarantee the security of the Website.

License Disclaimer

Nothing on the Website shall be construed as conferring any license to any of the information available on the Website or under any of Alethium’s or any third party’s intellectual property rights, whether by estoppel, implication, or otherwise.

Indemnification

You shall indemnify, defend and hold harmless the Company and its officers, directors, employees and agents from and against any and all claims, liabilities, damages, losses, costs, expenses and fees (including reasonable attorneys’ fees) that such parties may incur as a result of or arising out of the use by you (or anyone using your account, computer or software) of the Website or violation of these Terms of Use. The Company reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you and you shall cooperate with the Company’s defense of any such claim.

Rights Reserved

Any rights not expressly granted herein are reserved. Alethium reserves the right to change these terms and conditions at any time by revising the terms and conditions herein and posting the modified version on the Website. Users are responsible for regularly reviewing these terms and conditions. Continued use of the Website following any such changes shall constitute the user’s acceptance of such changes. Alethium may also impose limits on certain features and services or restrict your access to parts or the entire Website without notice or liability.

Copyright Infringement

If you believe anything on the Website infringes your copyright, you may request removal of the infringing material (consistent with the process suggested by the Digital Millennium Copyright Act) by emailing legal@alethium.health.

Feedback

If you provide Alethium with any feedback or suggestions regarding the Website (“Feedback”), you hereby assign to Company all rights in such Feedback and agree that Alethium shall have the right to use and fully exploit such Feedback and related information in any manner it deems appropriate. Alethium will treat any Feedback you provide to Alethium as non-confidential and non-proprietary. You agree that you will not submit to Alethium any information or ideas that you consider to be confidential or proprietary.

General

If any provision of these Terms of Use is held to be wholly or partially unenforceable for any reason, such unenforceability shall not affect the remainder of these Terms of Use, which will remain in full force and effect. No failure or delay in exercising any right under these Terms of Use shall constitute a waiver of that right or any other right.

Applicable Law

These Terms of Use shall be governed by and construed in accordance with the laws of the State of California, USA, without regard to its conflict of laws principles. You agree that any and all causes of action between the parties arising out of or in connection with the Website shall be brought exclusively in the State and Federal courts located within Los Angeles County, California.