Last updated: June 20, 2023
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE ACCESSING OR USING OUR WEBSITE OR ANY OF OUR SERVICES. BY ACCESSING OR USING OUR WEBSITE OR ANY OF OUR SERVICES, YOU, ON BEHALF OF YOURSELF OR THE ENTITY YOU REPRESENT, AS APPLICABLE, ACKNOWLEDGE THAT:
- YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS AND CONDITIONS BELOW;
- YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS BELOW;
- THE TERMS AND CONDITIONS BELOW ARE THE LEGAL EQUIVALENT OF A SIGNED, WRITTEN CONTRACT BETWEEN YOU AND REALM;
- IF ACCESSING OR USING OUR WEBSITE OR ANY OF OUR SERVICES ON BEHALF OF AN ENTITY, YOU HAVE FULL AUTHORITY TO BIND THE ENTITY TO ALL OF THE TERMS AND CONDITIONS BELOW; AND
- WE MAY MODIFY THESE TERMS AND CONDITIONS AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING THE MODIFIED TERMS AND CONDITIONS ON OUR WEBSITE. YOU AGREE TO REVIEW THE TERMS AND CONDITIONS PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS, AND ACCESSING OR USING OUR WEBSITE OR SERVICES CONSTITUTES YOUR ACCEPTANCE OF THE TERMS AND CONDITIONS AS IT APPEARS AT THE TIME OF YOUR ACCESS OR USE.
IF YOU DO NOT WISH TO BE OR CANNOT BE BOUND BY ALL OF THESE TERMS AND CONDITIONS, THEN YOU MAY NOT ACCESS OR USE OUR WEBSITE OR ANY OF OUR SERVICES.
Thank you for visiting realmidx.com, a REALM IDx, Inc. website (“Website”). For purposes of these terms and conditions (“Terms”), references to “REALM,” “we,” “our,” and “us” means REALM IDx, Inc. These Terms govern your rights and responsibilities with regard to the access or use of our Website; any and all information, communications, software, photos, text, video, graphics, music, sounds, images, and other information made available on it (“Content”); and any REALM application or services (“Services”).
OUR PRIVACY NOTICE
REALM is committed to protecting the privacy of all visitors and users of our Website. Our Privacy Notice is part of these Terms and incorporated herein. By visiting and using our Website, you agree to both these Terms and our Privacy Notice.
REALM is a corporation based in the state of California in the United States. REALM makes no representation that our Website or our Content is appropriate or accessible outside of the United States or in all locations. Access to our Website may not be legal by certain persons or in certain countries. If you access our Website from outside the United States, you do so on your own initiative and are responsible for compliance with all applicable laws from your home nation, and the country, state and city in which you are present while using our Website. Regardless of where you access our Website, the information collected as part of that use will be transferred to and maintained on servers located in the United States. Any information we obtain about you will be stored in accordance with U.S. privacy laws, regulations, and standards, which may not be equivalent to the laws in your country of residence. By using our Website, you consent to this collection, transfer, storage, and processing of information to and in the United States.
In using our Website, you agree not to:
- attempt to disable, “hack” or otherwise interfere with the proper functioning of our Website;
- access data not intended for users or log into a server or account which you are not authorized to access;
- attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
- attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of our Website, the server on which our Website is stored, or any server, computer, or database connected to our Website;
- use any device, software or routine that interferes with the proper working of our Website or with service to any user, host or network;
- introduce any viruses, Trojan horses, worms, software, logic bombs or other material which is malicious or technologically harmful;
- attack our Website via a denial-of-service attack or a distributed denial-of-service attack;
- forge any TCP/IP packet header or any part of the header information in any email or posting;
- use manual or automated software, devices, scripts, robots or other means or processes to access, “scrape,” “crawl,” or “spider” any Content contained on our Website;
- engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of our Website;
- impersonate a person or otherwise manipulate identifiers in order to disguise your identity or the origin of any message or transmittal you send to us or any other party on or through our Services;
- use our Services to disclose or obtain another person’s personal information, or collect information about users of our Services;
- use our Services in an unlawful manner or in a manner that could damage, disparage, or otherwise negatively impact us;
- upload, post, email, or otherwise transmit any material that is derogatory, defamatory, obscene, or offensive, such as slurs, epithets, or anything that might reasonably be construed as harassment or disparagement based on race, color, national origin, sex, sexual orientation, age, disability, religious or political beliefs, gender identity, or any other statutorily protected status;
- violate any applicable laws or regulations or these Terms; or
- otherwise attempt to interfere with the proper working of our Website.
Violations of system or network security may result in civil or criminal liability. We will investigate occurrences which may involve violations of system or network security and may involve and cooperate with law enforcement authorities in prosecuting users who are involved in these violations.
- No Warranty
THE INFORMATION AVAILABLE THROUGH OUR WEBSITE AND SERVICES IS PROVIDED SOLELY ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND. REALM HEREBY DISCLAIMS ALL EXPRESSED AND IMPLIED WARRANTIES AND CONDITIONS WITH REGARD TO THE INFORMATION AVAILABLE THROUGH OUR WEBSITE AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY OTHER WARRANTY, WHETHER ORAL, WRITTEN, OR IN OTHER FORM.
REALM makes no warranty as to the accuracy, completeness, currency, or reliability of any Content available through our Website or Services. Although REALM makes reasonable efforts to include accurate and up-to-date materials on our Website or Services, any information presented on our Website or Services as of a particular date may only be accurate as of such date and REALM disclaims any responsibility to update such information. However, REALM reserves the right to make changes to the Content of our Website or Services from time to time without notice. You are responsible for verifying any information before relying on information contained on our Website or Services. Further, REALM makes no representations or warranties that use of our Website or Services will be uninterrupted or error-free. REALM reserves the right to change, suspend, or discontinue any and all aspects of our Website or Services at any time without notice.
- Third-Party Links
Our Website and Services may contain links to other websites, applications, and resources provided by third parties or references to specific medical professionals by name, address, or affiliation. You acknowledge and agree that (a) REALM is not responsible for the availability of such external websites or resources, (b) all links and identifications are provided solely for your convenience and for other informational purposes, and (c) REALM does not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such websites, resources, or medical professionals or their affiliations. Further, REALM does not maintain these external websites and, therefore, is not responsible for the privacy practices of websites that it does not operate. Please refer to the specific privacy practices posted on those websites.
- Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, REALM AND ITS AFFILIATES, SUBSIDIARIES, PARENT COMPANIES, LICENSORS, SERVICE PROVIDERS, SUPPLIERS, EMPLOYEES, AGENTS, MEMBERS, OFFICERS, DIRECTORS AND OTHER REPRESENTATIVES (COLLECTIVELY, “REALM PARTIES”) DISCLAIM AND WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS, REVENUE, PROFITS, GOODWILL, USE, DATA, ELECTRONICALLY TRANSMITTED ORDERS OR OTHER ECONOMIC ADVANTAGE) (“DAMAGES”) ARISING OUT OF OR IN CONNECTION WITH OUR WEBSITE, OR OUR SERVICES, EVEN IF REALM HAS PREVIOUSLY BEEN ADVISED OF, OR REASONABLY COULD HAVE FORESEEN, THE POSSIBILITY OF SUCH DAMAGES, HOWEVER THEY ARISE, WHETHER IN BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, DAMAGES DUE TO: (a) THE USE OF OR THE INABILITY TO USE OUR WEBSITE, SERVICES, ANY WEBSITE LINKED TO OUR WEBSITE OR SERVICES, ANY CONTENT ON OUR WEBSITE OR SERVICES, OR SUCH OTHER WEBSITES LINKED TO SUCH CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH OUR WEBSITE, SERVICES, OR SUCH OTHER WEBSITES; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED, OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH, OR FROM OUR WEBSITE OR SERVICES; (c) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OUR WEBSITE OR SERVICES, INCLUDING, WITHOUT LIMITATION, UNAUTHORIZED ACCESS TO OR ALTERATION OF TRANSMISSIONS OR DATA, MALICIOUS OR CRIMINAL BEHAVIOR OR FALSE OR FRAUDULENT TRANSACTIONS; OR (d) CONTENT OR INFORMATION YOU MAY DOWNLOAD, USE, MODIFY OR DISTRIBUTE.
In the event you have any dispute with one or more third party as a result of your use of our Website or Services, or are in any way damaged as a result of any third party in connection therewith, you hereby release REALM Parties from and covenant not to sue or otherwise make a claim, demand or file any legal action or institute any legal or regulatory proceedings against the REALM Parties for any Damages of whatever kind or nature, known or unknown, suspected or unsuspected, whether foreseeable or not, disclosed or undisclosed.
REALM cannot ensure or warrant the security of any information you transmit to our Website or Services, and you do so at your own risk. REALM therefore disclaims any warranties or representations relating to maintenance or nondisclosure of your private information.
You agree to indemnify, defend, and hold REALM Parties harmless from and against any and all Damages, claims, losses, costs (including, without limitation, reasonable attorneys’ fees), or other expenses that arise directly or indirectly out of or from (a) your breach of any provision of these Terms or (b) your activities with respect to our Website or Services.
All Content made available through our Website and Services is our property, unless otherwise indicated, and is protected by copyright, trademark, and other intellectual property laws. We enforce our intellectual property rights to the fullest extent permitted by law. The Content may not be distributed, downloaded, modified, reused, reposted, or otherwise used, except that you may view, use, and download a single copy of our Website for your informational, non-commercial use. Except as provided herein, no Content may be copied, downloaded, or stored in a retrieval system for any other purpose, nor may you redistribute the Content, incorporate the Content into your own website or written materials, or create derivative works for any purpose, without our prior written permission.
- Termination of Use
If you violate these Terms, REALM may terminate your use of our Website at any time without notice. REALM reserves the right to seek all remedies available at law and equity for violation of these Terms. You agree that any material breach of these Terms will result in irreparable harm to us for which damages would be an inadequate remedy and, therefore, in addition to our rights and remedies otherwise available at law, we will be entitled to equitable relief, including both a preliminary and permanent injunction, if such a breach occurs. You waive any requirement for the posting of a bond or other security if we seek such an injunction.
- Governing Law and Venue
You agree that any dispute relating to our Website or Services will be resolved according to the laws of the State of California, without regard to conflict of law rules. Except as otherwise set forth in the Arbitration and Class Action Waiver Section below, you agree that the federal and state courts of Los Angeles County in the State of California have exclusive jurisdiction over any legal proceedings arising out of or related to your use of our Website or Services.
- Arbitration and Class Action Waiver
REVIEW THIS SECTION CAREFULLY. IT LIMITS YOUR ABILITY TO LITIGATE CERTAIN CLAIMS IN COURT, YOUR RIGHT TO HAVE A JURY DECIDE CERTAIN CLAIMS, AND YOUR ABILITY TO COMBINE CLAIMS AND TO BRING CLAIMS THROUGH CLASS ACTIONS. YOU UNDERSTAND THAT BY USING AND/OR BECOMING A USER OF OUR WEBSITE OR SERVICES, YOU CONSENT AND CHOOSE TO HAVE SUCH CLAIMS SUBMITTED TO BINDING ARBITRATION. YOU UNDERSTAND THAT NO ARBITRATION OR PROCEEDING WILL BE COMBINED WITH ANOTHER WITHOUT THE PRIOR WRITTEN CONSENT OF ALL PARTIES TO ALL AFFECTED ARBITRATIONS OR PROCEEDINGS.
- Mandatory Arbitration of Certain Claims
You agree that, except as otherwise set forth in this Section, all “Claims” (defined as any dispute or controversy arising out of or relating to these Terms, your use of or inability to use our Website, Content, or Services, except the following types of disputes and controversies: (i) any claim seeking to enforce or protect, or concerning the validity of, any of our intellectual property rights; (ii) any claim related to, or arising from, allegations of theft, piracy, or unauthorized use; (ii) any claim for injunctive relief; and (iv) any claim within the jurisdictional limits of the small claims courts) shall be resolved through binding arbitration administered by the American Arbitration Association (“AAA”), under the AAA Rules in effect at the time the Claim is filed (“AAA Rules”). Each Claim shall be submitted to a single arbitrator selected through mutual agreement of the parties. The arbitrator’s decision shall be final, binding, and non-appealable. Judgment upon the award may be entered and enforced in any court having jurisdiction or application may be made for judicial acceptance of the award and an order of enforcement. Except as otherwise indicated in these Terms, the arbitrator, and not any federal, state, or local court, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, and/or enforceability of these Terms and any other terms and conditions or documents incorporated herein, including any claim that all or any part of these Terms are void or voidable. The arbitration proceedings shall be held in Orange County, California and shall be subject to these Terms and the laws of the State of California, United States, without regard to conflicts of law provisions thereof. The arbitrator shall not have authority to combine or aggregate similar claims or conduct any Class Action (as defined below) nor make an award to any person or entity not a party to the arbitration. No arbitration or proceeding will be combined with another without the prior written consent of all parties to all affected arbitrations or proceedings.
Before you take a dispute to arbitration or to small claims court, you must first contact us in writing and describe the nature and basis of the Claim or dispute, as well as the specific relief sought and give us an opportunity to resolve the dispute. Similarly, before REALM takes a dispute to arbitration, REALM must first attempt to resolve it by contacting you. If you and REALM do not reach an agreement to resolve the claim within 60 days from the date such notification is provided, you or REALM may commence arbitration proceedings.
If REALM prevails before the arbitrator, and if REALM shows that you acted in bad faith in bringing your claim, then REALM may seek to recover the AAA’s fees and expenses of the arbitrator from you.
- Class Action Waiver
You and REALM expressly agree that any Claim(s) must be brought in the respective party’s individual capacity, and not as a plaintiff or class member in any purported class, collective, representative, multiple plaintiffs, or similar proceeding (“Class Action”). You and REALM expressly agree to waive any ability to maintain any Class Action in any forum raising a Claim covered by this Section. Notwithstanding any other provision of these Terms to the contrary, any Claim, dispute, or controversy alleging that all or part of the Class Action waiver contained in this Section is invalid, illegal, unenforceable, void, or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator.
If any part of these Terms is determined by a court of competent jurisdiction not to be enforceable for any reason, this will not affect the validity of the other parts of the Terms, which will continue to be in full force and effect.