FolioMetrix, LLC Site Terms and Conditions of Use

By using the FolioMetrix, LLC web site (“Site”), accessible from FolioMX.com, you are acknowledging your consent to the following Terms and Conditions of Use. Do not use this Site if you do not agree to the following Terms and Conditions of Use. These Terms and Conditions of Use constitute the entire agreement between you and FolioMetrix, LLC and its parent companies, subsidiaries and affiliates, relating to the information provided in, and your use of, the Site. FolioMetrix, LLC reserves the right to modify the Terms and Conditions of Use from time to time. We encourage you to return to this area to read the most recent version of our Terms and Conditions of Use.

Jurisdiction and Choice of Law

Please note that, if and when they are available or become available, the products referred to in this Site are or will be available in the United States. They may not be available in other countries. The information in this Site is intended for use only by persons in the United States. FolioMetrix, LLC makes no representations that the information in this Site is appropriate for users in countries other than the United States, which may have different legal or regulatory requirements, or indications for, or restrictions on, the sale or use of products or information. Nothing herein should be considered a solicitation or promotion for any product, or an indication for any product that is not permitted by the laws or regulations of the country where the user of this Site resides.

Intellectual Property

The Site and its content and images, as well as all copyright, trademark, trade dress and other rights therein, are owned by FolioMetrix, LLC. Permission to use, copy and distribute the information on this Site without fee is hereby granted for non-commercial use only, provided that the above proprietary rights notice appears in all copies of such information and that the name of FolioMetrix, LLC is not used in advertising or publicity pertaining to distribution of such information without specific, written prior permission. All content and images used on this Site are owned or licensed by FolioMetrix, LLC for use on this Site only. Unauthorized use is prohibited. All product names appearing in type form different from that of the surrounding text are trademarks of FolioMetrix, LLC. Nothing contained herein shall be construed as conferring any license or right under any FolioMetrix, LLC patent, copyright or trademark.

DISCLAIMER OF WARRANTIES AND LIMITATIONS OF LIABILITY

FolioMetrix, LLC HEREBY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, CREATED BY LAW, CONTRACT OR OTHERWISE. IN NO EVENT SHALL FolioMetrix, LLC BE LIABLE FOR ANY DAMAGES INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF PROFIT) ARISING FROM OR IN CONNECTION WITH THE USE OR EXISTENCE OF THIS SITE, THE INABILITY TO USE THIS SITE, AND/OR THE INFORMATION THAT THIS SITE CONTAINS, REGARDLESS OF WHETHER FolioMetrix, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE INFORMATION ON THIS SITE IS PROVIDED “AS IS” WITHOUT ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. FolioMetrix, LLC HAS NOT REVIEWED THE SITES THAT MAY BE LINKED TO THIS SITE, AND DOES NOT ENDORSE AND IS NOT RESPONSIBLE FOR THE CONTENT OF ANY OFF-SITE PAGES OR ANY OTHER SITES LINKED TO THIS SITE. FolioMetrix, LLC ALSO DOES NOT WARRANT THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE FROM ERRORS OF ANY SORT OR FREE FROM COMPUTER VIRUSES. If any of the above exclusions of warranties is unenforceable in your jurisdiction, the other exclusions listed above will still be given effect to the full extent permitted by that jurisdiction’s law.

INDEMNIFICATION

YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS FolioMetrix, LLC FROM AND AGAINST ANY LOSSES, DAMAGES, CLAIMS, ACTIONS OR DEMANDS OF ANY RIGHT OF ANY PERSON OR ENTITY, (AND INCLUDING, WITHOUT LIMITATION, REASONABLE LEGAL AND ACCOUNTING FEES AND EXPENSES), REGARDLESS OF WHETHER THEY ARISE OUT OF OR ARE ATTRIBUTABLE TO ANY ACT OR OMISSION, NEGLIGENT OR OTHERWISE, OF FolioMetrix, LLC ARISING OUT OF OR IN CONNECTION WITH (i) YOUR USE OF THE SITE, OR ANY CONTRACTS ENTERED INTO OR SERVICES OR PRODUCTS OFFERED, SOLD OR PURCHASED AS A RESULT OF ANY CONTACT INITIATED ON OR THROUGH THE SITE, OR (ii) YOUR BREACH OF THESE SITE TERMS AND CONDITIONS OF USE. THIS INDEMNIFICATION PROVISION SHALL APPLY TO THIRD-PARTY CLAIMS AS WELL AS CLAIMS BETWEEN THE PARTIES TO THESE TERMS AND CONDITIONS OF USE.

POSSIBLE ERRORS AND CHANGES

THE INFORMATION ON THIS SITE MAY CONTAIN INACCURACIES OR TYPOGRAPHICAL ERRORS. FolioMetrix, LLC RESERVES THE RIGHT TO MAKE ADDITIONS, DELETIONS OR MODIFICATIONS TO THE INFORMATION ON THIS SITE AT ANY TIME WITHOUT PRIOR NOTICE. FolioMetrix, LLC ALSO RESERVES THE RIGHT TO WITHDRAW THIS SITE AND ITS INFORMATION FROM THE INTERNET AT ANY TIME, WITHOUT PRIOR NOTICE. ANYONE USING THIS SITE OR THE INFORMATION IT CONTAINS ASSUMES FULL RESPONSIBILITY AND ANY AND ALL RISKS ARISING FROM OR RELATED TO THE USE OF THIS SITE OR THE INFORMATION IT CONTAINS.