Terms of Use

Welcome to Faro Health, Inc.’s (“Faro Health”, “us”, “our” or “we”) website.  These Terms of Use are a legal contract between you (“you” and “your”), as an individual accessing and using this website or any other website we own or operate that links to these Terms of Use, and Faro Health, and govern your use of such website(s) and all the text, data, information, software, graphics, photographs and other materials (collectively  “Content”) that we make available on or through such website(s) (such websites and Content are are referred to collectively in these Terms as the “Site”).  The Site is offered conditioned upon your acceptance, without modification, of all terms and conditions set forth in these Terms of Use.

PLEASE READ THESE TERMS OF USE CAREFULLY.  BY ACCESSING OR USING THE SITE IN ANY MANNER, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THESE TERMS OF USE.  If you do not agree to these Terms of Use, do not use this Site.  

These Terms of Use do not apply to the purchase or use of or access to Faro Health’s products and services, which are governed by Faro Health’s Service Terms and Conditions or any separate written agreement you have entered into with Faro Health with respect to such purchase, access or use.

Changes

Faro Health may at any time revise these Terms of Use. We will inform you of revisions to these Terms of Use by posting the revised Terms of Use on the Site.  We may further  make revisions to the Site or the Materials  or suspend or discontinue the Site at any time without notification to you. If you object to any such revisions, your only remedy is to stop using the Site. Continued use of the Site following notice of any revisions to these Terms of Use indicates you acknowledge and agree to be bound by the revised Terms of Use. 

Proprietary Rights

Faro Health and the other names, logos, designs, and slogans used on this Site to describe Faro Health’s business or any of its products or services are trademarks of Faro Health or its affiliates or licensors. You may not use such marks without our prior written permission. All other names, logos, designs, and slogans on the Site are the trademarks of their respective owners.

Unless otherwise stated, all right title and interest in the Site, including the Content, and in all software and other technologies embodied in or used to provide the Site, and further  including any information we obtain or generate from your use of the Site and all intellectual property rights in or relating to any of the foregoing, is and will remain the exclusive property of Faro Health. All intellectual property rights are reserved. 

Any comments, questions, suggestions, or other materials or feedback you provide to use with respect to our business, products or services, the Site, or your use of the Site or our products or services (collectively, “Feedback”) no matter how submitted, (e.g., call, fax, email) will be treated as both non-confidential and non-proprietary. You hereby assign all right, title, and interest in, and we are free to use, without any attribution or compensation to you, any Feedback and any associated intellectual property rights, for any purpose whatsoever, including but not limited to, developing, marketing, selling and providing, directly or indirectly, products and services using such Feedback. 

Use and Restrictions on Use

You are permitted to access and use the Site only for your personal, non-commercial use in a manner that is consistent with the features and functionality of the Site and is not unlawful or prohibited by these Terms of Use or otherwise for a purpose not reasonably intended by Faro Health.  Any other use of the Site is prohibited and unauthorized without our prior written approval.

By way of example, and not as a limitation, unless given explicit prior written approval by Faro Health, you will  not (and will not allow others to):

• Sell, rent, or sub-license any Content or any other portion of the Site
• Download, reproduce, duplicate, print or copy any Content or any other portion of the Site (except as permitted under principles of the doctrine of “fair use” under applicable law, and provided further that you may print one copy of a reasonable number of pages of Content available to you through the Site for your own personal, non-commercial use and not for further reproduction, publication, or distribution) 
• Transmit, publish, perform, display, post or distribute any Content or any other portion of the Site
• Knowingly upload malicious information or software to the Site
• Update, change, adapt, translate, modify, revise, transform, or create new or derivative works from the Content or any other portion of the Siteite
• Violate any applicable laws, rules, or regulations 
• Circumvent, disable, violate or attempt to violate, or otherwise interfere with the security or integrity of the Site or its operation;
• Link to the Site without Faro Health’s prior written consent (except as permitted under principles of “fair use” under applicable law);
• Violate any laws, third party rights, or our policies;
• Use or launch any automated system, including without limitation, “robots”, “spiders”, “offline readers”, etc. that access the Site in any manner;
• Use any part of the Content to train, directly or indirectly, any artificial intelligence system or tool;
• Remove, obscure or modify any copyright notices, trademarks, proprietary notices, legends, author attributions, disclaimers or other notices as they appear in any Content.

For the avoidance of doubt, the foregoing restrictions extend to doing any of the foregoing with the use of artificial intelligence systems or tools.

Privacy

You acknowledge and agree that all information collected by or on behalf of Faro Health is subject to our Privacy Policy. By accessing or using the Site, you consent to all actions we take with respect to your information in compliance with our Privacy Policy.

Third Party Sites

The Site may contain links to or otherwise allow you to access third-party websites, applications, products and services, that are not owned or controlled by Faro Health, or may otherwise suggest or refer you to purchasable third-party products or services. Faro Health encourages you to be aware when you leave the Site and to read the terms and conditions, including any privacy policy, applicable your access to or use of a third-party website or application or purchase or use of a third-party product or service.  Faro Health has no control over, and assumes no responsibility for, any such third-party websites, applications, products or services or the terms and conditions on which they are provided. When you access or use a third-party website or application or purchase or use a third-party product or service, you acknowledge that you do so entirely at your own risk and subject to the applicable third-party terms and conditions.

DISCLAIMER OF WARRANTY

THE SITE, INCLUDING ALL CONTENT PROVIDED ON OR THROUGH THE SITE, IS PROVIDED “AS IS,” WITH ABSOLUTELY NO WARRANTIES, GUARANTEES, OR REPRESENTATIONS. FARO HEALTH MAKES NO REPRESENTATIONS, WARRANTIES, OR ASSURANCES THAT THE CONTENT PROVIDED ON OR THROUGH THIS SITE IS OR WILL BE TIMELY, COMPLETE, OR WITHOUT ERROR.  YOU UNDERSTAND THAT YOUR ACCESS TO AND USE OF THE SITE, INCLUDING ANY CONTENT OBTAINED FROM THE SITE, IS DONE AT YOUR OWN DISCRETION AND RISK. Some jurisdictions do not allow the disclaimer or limitation of certain implied warranties, so the foregoing disclaimers or limitations may not apply to you. To the extent that in a particular circumstance any disclaimer or limitation set forth in this Section is prohibited by applicable law, these disclaimers and limitations shall apply to the maximum extent permitted under applicable law.  

LIMITATIONS OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FARO HEALTH WILL NOT BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM YOUR ACCESS TO OR USE OF THE SITE, INCLUDING ANY CONTENT PROVIDED ON OUR THROUGH THE SITE, AND IN NO EVENT WILL WE BE LIABLE TO YOU FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, EVEN IF WE KNOW THERE IS A POSSIBILITY OF SUCH DAMAGE.  Some jurisdictions do not allow the limitation of liability for incidental or consequential damages or other damages or liability, so the foregoing limitations may not apply to you. To the extent that in a particular circumstance any limitation on damages or liability set forth in this Section is prohibited by applicable law, these limitations shall apply to the maximum extent permitted under applicable law.

Local Laws

Faro Health controls and operates the Site from our headquarters in the United States of America and this Site may not be appropriate or available for use in other locations. If you use this Site outside the United States of America, you do so at your own risk and you are solely responsible for following applicable local laws.

Applicable Law and Jurisdiction

These Terms of Use and the relationship between you, as a user of Site, and Faro Health shall be governed by the laws of the State of California without regard to its conflict of laws provisions.  Any dispute between the parties relating to these Terms of Use or the Site will be resolved exclusively in the state or federal courts located in the County of San Diego, State of California, United States of America.  

General

The failure of Faro Health to exercise any of its rights within this agreement shall not constitute a waiver of those rights. If any of these Terms of Use are deemed inconsistent with applicable law, then such term(s) shall be interpreted to reflect the intentions of the parties, and no other terms will be modified. These Terms of Use are the entire agreement between you and Faro Health with respect to the subject matter hereof and supersede and extinguish all prior agreements, representations (whether oral or written), and understandings regarding such subject matter. The proprietary rights, disclaimer of warranty, limitations of liability, applicable law and jurisdiction and general provisions shall survive any termination of these Terms of Use.