Last Modified: December 18, 2019

This privacy notice describes how Cleerly, Inc. (‘we’, ‘us’), collects and processes information about you on our website at cleerlyhealth.com or any other of our websites or mobile applications that link to this policy; how we use and protect this information, and your rights in relation to this information.

Acceptance of these Terms & Conditions

The following terms and conditions (“Terms & Conditions”) govern access to and use of the website at Cleerlyhealth.com; the content, features, and functionality of such website; and all information provided on or through such website (collectively, the “Website”). These Terms & Conditions are a binding agreement between you (“You”) and Cleerly, Inc. (“Cleerly,” “we,” or “us”). By using the Website, you accept and agree to be bound and abide by these Terms & Conditions. If you do not want to agree to these Terms & Conditions, do not access or use the Website.

Changes to these Terms & Conditions and the Website

We may update, revise, or otherwise change the Website and/or these Terms & Conditions from time to time in our sole discretion. All changes to these Terms & Conditions are effective immediately when we post them. Your continued use of the Website following the posting of revised Terms & Conditions means that you accept and agree to the changes.

We may update the content on the Website from time to time, but the Website’s content (including information, statistics, and other data) are not necessarily complete or up-to-date.

Intellectual Property Rights; Permitted Uses of the Website

The Website is protected by copyright and other intellectual property laws. These Terms & Conditions permit you to use the Website for your personal, non-commercial use only provided that you do not:

• Reproduce, distribute, modify, or publicly display any portion of the Website;
• Use any illustrations, photographs, video, or graphics separately from the accompanying text; or
• Delete any copyright, trademark, or other notices.

CLEERLY, CLEERLY LAB, CLEERLY LABS, CLEERLYLAB, CLEERLY CORONARY, SEEING MORE OF WHAT MATTERS, Cleerly’s logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Cleerly or its affiliates or licensors. You must not use such marks without the prior written permission of Cleerly. Other names, logos, product and service names, designs, and slogans on the Website are the trademarks of their respective owners.

All rights not expressly granted are reserved by Cleerly.

Reliance on Information Posted

The information presented on or through the Website is made available solely for general information purposes. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such information by you or any other user of the Website or by anyone who may be informed of any of its contents.

The information on the Website is not intended to be a substitute for professional medical advice, diagnosis, or treatment. The information may not be relevant or applicable to all situations and decisions to apply any information must be made in light of individual facts and specific circumstances. Always seek the advice of a physician or other qualified health professional with any questions you may have regarding a medical condition, and never disregard professional medical advice or delay in seeking it because of something you have read on the Website. Medical professionals may use Cleerly’s products and services in conjunction with, and not as a replacement for, their best clinical judgment. Cleerly is not responsible nor liable for any advice, course of treatment, or diagnosis based on the information on the Website.

Prohibited Uses of the Website

You may use the Website only for lawful purposes and in accordance with these Terms & Conditions. Additionally, you agree not to:

• Use any “page scrape,” “robot,” “spider,” or other automatic script, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the Website;
• Interfere with, or attempt to interfere with, the proper working of the Website;
• Introduce any viruses, worms, or other material that is malicious or technologically harmful;
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website or any systems connected to the Website; or
• Provide any information to us that is false, misleading, fraudulent, or inaccurate.

Information Collected on or through the Website

All information we collect on or through the Website is subject to our Privacy Policy, which is incorporated herein by reference. By using the Website, you consent to all actions taken by us with respect to your information subject to our compliance with the Privacy Policy.

Submissions over the Internet may not be secure. Please consider this fact before providing any information to Cleerly by or through the Website.

Links to the Website

You may link to the Website’s homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You can not:

• Establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent; or
• Cause the Website or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.

We reserve the right to withdraw linking permission without notice.

Links from the Website

Links from the Website to third-party websites are provided for your convenience only. We have no control over the contents of those websites and accept no responsibility for them. If you decide to access any third-party websites, you do so entirely at your own risk and subject to the terms and conditions of use for such websites. Third-party websites may contain information about uses of our products that have not been approved or cleared by the U.S. Food and Drug Administration. Cleerly does not endorse off-label use of our products.

Geographic Restrictions

The owner of the Website is based in the State of New York in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States.

Disclaimer of Warranties

Use of the Website is entirely at your own risk and is subject to all applicable laws and regulations. THE WEBSITE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON INFRINGEMENT. The foregoing exclusions of implied warranties do not apply to the extent prohibited by applicable law. Cleerly does not warrant (i) that the use of the Website will be uninterrupted or error-free; (ii) that the content on the Website is or will be accurate, current, complete, reliable, or of any particular value or quality; (iii) that defects or errors in the Website will be corrected or that the Website will be updated; or (iv) that the Website is free of viruses, worms, malware, adware, or other harmful or disruptive devices or components.

Indemnification

You agree to defend, indemnify, and hold harmless Cleerly, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms & Conditions or your use of the Website, including, but not limited to, any use of the Website’s content other than as expressly authorized in these Terms & Conditions or your use of any information obtained from the Website.

Governing Law and Jurisdiction

All matters relating to the Website and these Terms & Conditions, and any dispute or claim related thereto, shall be governed by and construed in accordance with the laws of the State of New York without giving effect to any conflict of law principles. Any legal suit, action, or proceeding related to these Terms & Conditions or the Website shall be instituted exclusively in the federal or state courts located in the Borough of Manhattan, City of New York.

Miscellaneous

No waiver by Cleerly of any term in these Terms & Conditions shall be deemed a continuing waiver of such term or a waiver of any other term, and any failure of Cleerly to assert a right under these Terms & Conditions shall not constitute a waiver of such right. If any provision of these Terms & Conditions is held by a court to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms & Conditions will continue in full force and effect. These Terms & Conditions and our Privacy Policy constitute the sole and entire agreement between you and Cleerly regarding the Website and supersede all prior and contemporaneous understandings and agreements regarding the Website.

Your Comments

The Website is operated by Cleerly, Inc., 101 Greenwich Street, New York, NY 10006.

Questions or comments relating to the Website should be directed to: info@cleerlyhealth.com.