Terms of Use

Welcome to the Trace Matters Scientific LLC’s (“Trace Matters”, “we”, “us”, or “our”) website (“Site”). Trace Matters provides access to the Site and the content included therein, subject to the terms and conditions provided below (“Terms”). Please read these Terms carefully before using this Site, as your continued use of this Site will indicate that you have read and understood these Terms and that you agree to be bound by all of these Terms. Access to and use of certain portions of this Site may be subject to additional terms and conditions to those provided below. The Terms are subject to change without notice, and your use of the Site will indicate your agreement to be bound by the Terms then provided in this section of the Site. Please read these terms regularly upon accessing the Site to understand the current Terms. If you do not accept these terms, do not use this Site.

Use of This Site

Trace Matters authorizes you to use the contents of the Site, including but not limited to all text, data, graphics, software, video, and animation contained on the Site (collectively “Content”), solely for your personal and non-commercial use in obtaining information about Trace Matters (“Purpose”). Except as expressly provided herein, you may not use, copy, display, distribute, broadcast or modify any of the Content of the Site without the express written consent of Trace Matters. Notwithstanding the foregoing, you may download Content from the Site to any single computer solely for the Purpose described above, provided that you retain all copyright and other proprietary notices contained in the original materials on any copies of the materials, and that you comply with any additional terms and conditions that may apply to the Content, including, without limitation, any applicable end user license agreements. You may not transfer the materials to any other person unless you give them notice of, and they agree to accept, these terms and conditions.

In accessing and/or using this Site, you agree that you will not: (1) take any action that in any way interferes with or imposes any unreasonable burden upon the Site or its normal operation; (2) attempt to decipher, decompile, disassemble, or reverse engineer any of the software available upon or underlying the operation of the Site; (3) delete or alter in any way any Content on the Site; (4) post any unlawful, indecent, defamatory, obscene, scandalous, inflammatory, pornographic, or profane materials to the Site; (5) post any proprietary, confidential or private information of any third party without having first obtained all licenses and/or approvals; (6) post any material the posting of which will give rise to criminal or civil liability under the laws of the jurisdiction from which you are posting, the laws of the Commonwealth of Massachusetts, and/or the laws of the United States. Trace Matters reserves the right under these Terms and our Privacy Policy, to disclose the identity of anyone violating the foregoing provisions to relevant law enforcement agencies whenever it is legally obliged to do so, or to otherwise protect the interests of Trace Matters.

General Disclaimer, Limitation of Liability and Indemnification

No Warranties

ALL CONTENT ON THIS SITE IS PROVIDED TO YOU ON AN “AS IS” “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT. TRACE MATTERS MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, CURRENCY, OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH THIS SITE. YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION BEFORE RELYING ON IT. USE OF THIS SITE AND THE CONTENT AVAILABLE ON THIS SITE IS AT YOUR SOLE RISK. TRACE MATTERS MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ARE RESPONSIBLE FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY CONTENT YOU OBTAIN FROM THIS SITE IS FREE OF VIRUSES. The above exclusions may not apply in jurisdictions that do not allow the exclusion of certain implied warranties.

Limitation of Liability

YOUR USE OF THIS SITE OR ANY CONTENT ON THIS SITE IS AT YOUR OWN RISK. TRACE MATTERS SPECIFICALLY DISCLAIMS ANY LIABILITY, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THIS SITE, EVEN IF TRACE MATTERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING BUT NOT LIMITED TO RELIANCE BY ANY PARTY ON ANY CONTENT OBTAINED THROUGH THE USE OF THIS SITE, OR THAT ARISES IN CONNECTION WITH MISTAKES OR OMISSIONS IN, OR DELAYS IN TRANSMISSION OF, INFORMATION TO OR FROM THE USER, INTERRUPTIONS IN TELECOMMUNICATIONS CONNECTIONS TO THIS SITE OR VIRUSES, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, WAR, TERRORISM, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO THIS SITE, OR RELATED INFORMATION OR PROGRAMS.

Indemnification

If you violate any terms of these Terms, or if you misuse this Site, you agree to defend, indemnify, and hold harmless Trace Matters, its officers, directors, employees, agents, and licensees from any and all liability including costs, expenses, and attorneys’ fees that arise out of or are related to your violation or misuse.

User Submissions

Certain areas of the Site may enable you to submit information, including but not limited to e-mail addresses, questions, comments, requests, data, or otherwise provide feedback or information to Trace Matters. In submitting any information to the Site, you are agreeing, representing and warranting that:

you are not submitting, and will not submit any information for which you do not have all necessary consents or authorizations to disclose;
you are only submitting information that complies with applicable law, and will not submit information that is abusive, defamatory, obscene, infringing, threatening, repetitive, or otherwise inappropriate, or that contains any viruses or other software that may adversely affect the operation of another’s computer;
any information that you submit to the Site will be considered to be non-proprietary and non-confidential information; and
you grant to Trace Matters the irrevocable right to use, copy, modify, publish, perform, transmit, and display such information via any media in accordance with these Terms, and you hereby waive any and all rights, including without limitation, any moral rights, that you may have or may obtain in such information. Subject to all applicable laws, Trace Matters shall be free to use any and all such information, including any ideas, concepts, know-how, or techniques contained in such information, for any purpose whatsoever.

Trademarks

The names, trademarks, logos, and service marks displayed on this Site (collectively, the “Trademarks”) are registered and unregistered trademarks of Trace Matters and others. Trace Matters, the Trace Matters logo, SPion, SPion Tube, SPion Inlet, SPion Motion, SPion Probe, SPion Endoscope are trademarks of Trace Matters. All other Trademarks that appear on this Site are the property of their respective owners. Nothing contained in this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right in and to the Trademarks. Unauthorized use of any Trademark may be a violation of federal and state trademark laws. The Trademarks may not be used without the prior written consent of their respective owners.

This Site is protected by United States and foreign copyright laws. Except for your informational, personal, non-commercial use as authorized above, you may not modify, reproduce or distribute any of the Content of the Site, the design or layout of the Site, individual sections of the design or layout of this Site, or Trace Matters logos without Trace Matters’ express written permission.

Patents

Products, methods and technologies described on the Site may be protected by Patents both in the United States and in foreign countries, and may be covered by patent applications that are pending in these jurisdictions. Nothing contained in this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right in and to any such patents or applications, or any other intellectual property rights in the United States or elsewhere.

Breach

If you breach any of these Terms, your authorization to use this Site and any Content that you have accessed and/or downloaded automatically terminates and you must immediately destroy any materials downloaded or printed from this Site.

Termination

Trace Matters may modify, suspend, or terminate your access to all or part of the Site, without notice, at any time and for any reason. You may discontinue your access to the Site at any time.

Access to Password Protected/Secure Areas

Access to password-protected and/or secure areas of this Site is limited to authorized users only and requires creation of an account. Unauthorized individuals attempting to access these areas of the Site may be subject to prosecution.

Software and Downloads

Any software or material that is available to download from this Site is the copyrighted work of Trace Matters, and any unauthorized use, reproduction, or redistribution of the software or material is prohibited.

Linked Websites

This Site may contain links to third-party websites that may have their own terms and conditions of use. Any links to third-party websites that may appear on this Site are provided solely for your convenience and information and in no way imply any affiliation, endorsement, sponsorship, or acceptance of any information or views provided on those linked websites. We are not obligated to review such third-party sites and do not control such third-party sites. Therefore, we have no responsibility or liability for the content and activities of these linked sites (or any products, services, or content available through the same). We encourage you to review the terms of use of any other website before using such website. Except as specifically provided herein, you may not create links to this Site. You may provide links to the Site on a non-commercial, not-for-profit website, or within any non-commercial software application, that is freely accessible by the public at no charge. If you desire to link to this Site in any other manner, you must first obtain Trace Matters’ written permission to do so. You may not link to this Site in any manner which states or implies any affiliation between you or your organization and Trace Matters, or any sponsorship, endorsement, approval or recommendation of you or your organization by Trace Matters, without the express written approval of Trace Matters. Any permitted link to this Site must clearly identify Trace Matters the owner of this Site. Trace Matters reserves the right to redirect (to any page it chooses) or block any links to the Site.

Applicable Law

These Terms and any and all actions, claims, disputes, or controversies relating to these Terms, the use of this Site, or any materials therein shall be interpreted according to the laws of the Commonwealth of Massachusetts, United States of America, without regard to its conflicts of laws provisions. By using this Site, you expressly consent to the exclusive forum, jurisdiction, and venue of the state and federal courts of Massachusetts, United States of America, in such actions, claims, disputes, or controversies. Trace Matters makes no representations that this Site is appropriate or available for use in locations outside of the United States, and access to them from territories where their contents are illegal is prohibited. You may not use or export the Content at this Site in violation of United States export or other laws and regulations. If you choose to access this Site from locations outside the United States, you do so on your own initiative and are responsible for compliance with applicable local laws.

Changes to our Terms of Use

We may modify these Terms, in whole or in part, at any time and in our sole discretion. If we decide to change our Terms, we will post those changes on this page, and/or update the Terms revision date stated above. You are encouraged to review these Terms from time to time, as your continued use of this Site constitutes acceptance of these Terms as modified.

Last Revision: 2/10/2020