Terms of Use

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. BY ACCESSING OR USING THIS WEB SITE (“Site”), YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS WEB SITE.

Thermal Exposure established this Site to provide information and education. Please feel free to browse the Site. Your use of and access to the Site is subject to Your acceptance of and compliance with these terms and conditions set forth herein (the “Site Terms”), which govern such use of and access to the Site. The term “You” and “Your” means You, the user of the Site. These Site Terms apply solely to your access to, and use of the Site and do not alter in any way the terms or conditions of any other agreement you may have with Thermal Exposure , or its subsidiaries or affiliates, for products, services or otherwise.

Thermal Exposure reserves the right to change or modify any of the information, terms, and conditions contained in these Site Terms or any policy or guideline of the Site, at any time and in its sole discretion. Any changes or modification will be effective immediately upon posting of the revisions on the Site, and you waive any right you may have to receive specific notice of such changes or modifications. Your continued use of this Site following the posting of any changes or modifications will confirm your acceptance of such changes or modifications. Therefore, you should frequently review the Site Terms and applicable policies from time-to-time to understand the terms and conditions that apply to your use of the Site. If you do not agree to the amended terms, you must stop using the Site.

Information on the Site: The Site may contain information that is “forward-looking” and is subject to various known and unknown risks and uncertainties, some of which may be significant, including, without limitation, risks associated with the inherent uncertainties associated with research, product development, risks related to regulatory approvals, and product commercialization; personnel, partners, investors, university affiliations, or Board of Directors and Advisory Board changes and the related risks; reliance on third-party manufactures and suppliers; third party competition and the introduction of competitive products; the preservation and protection of Thermal Exposure intellectual property rights; changes in technology, government regulation and general economic conditions; the availability, terms and timing of external sources of funding; and other business, economic and financial factors. Actual outcomes and results may differ materially from the forward-looking information provided, and such forward-looking information is only current as of the time it was originally included in this site. Thermal Exposure undertakes no obligation to update or revise any forward-looking information, whether as a result of new information, future events, changed circumstances or any other reason.

The information on this Site is not intended to be, and shall not be construed as, an offer to sell or the solicitation of an offer to buy any securities.

The Site may, from time to time, contain information relating to various medical conditions and their treatment. This information does not provide medical advice and does not take the place of medical advice from Your physician. Please consult Your physician or other medical professional for insight into Your specific condition and medical options.

Although Thermal Exposure may update the content on this Site from time to time, medical information changes rapidly as will the results of continuing research and the information on this Site may be out of date and/or may contain inaccuracies or typographical errors.

Terms and Conditions

Unless otherwise indicated in the Site, the Site and all content and other materials on the Site, including, without limitation, the Thermal Exposure logo, and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, the “Site Materials”) are the proprietary property of Thermal Exposure or its licensors or users and are protected by U.S. and international copyright laws. You may not use such Site Materials except as set forth in this section without express permission from the owner(s) of all rights in such Site Materials.

You are granted a limited, non-sublicensable license to access and use the Site and print to hard copy portions of the Site Materials for your informational, non-commercial and personal use only Such license is subject to these Site Terms and does not include: (a) any resale or commercial use of the Site or the Site Materials therein; (b) the collection and use of any product listings, pictures or descriptions; (c) the distribution, public performance or public display of any Site Materials, (d) modifying or otherwise making any derivative uses of the Site and the Site Materials, or any portion thereof; (e) use of any data mining, robots or similar data gathering or extraction methods; (f) downloading (other than the page caching) of any portion of the Site, the Site Materials or any information contained therein, except as expressly permitted on the Site; or (g) any use of the Site or the Site Materials other than for its intended purpose. Any use of the Site or the Site Materials other than as specifically authorized herein, without the prior written permission of Thermal Exposure, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws and applicable communications regulations and statutes Unless explicitly stated herein, nothing in these Site Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time.
You must not use the Site for any purpose that is unlawful or prohibited by these Site Terms. Thermal Exposure reserves the right to deny You access to any part of the Site or the entire Site at the sole discretion of Thermal Exposure

Thermal Exposure will be entitled to treat any communication or material that You transmit to the Site through a form on the site, by electronic mail, or otherwise, including any data, questions, comments, suggestions or the like, as non-confidential and nonproprietary information. By transmitting or otherwise sharing any such communication or material, You irrevocably agree that Thermal Exposure, or any of its affiliates, may use and disclose such communication or material for any purpose whatsoever, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and further posting. Further, Thermal Exposure and its affiliates are free to use any ideas, concepts, know-how or techniques contained in any communication or material You send to the Site for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products and services. Thermal Exposure may make such use of Your communications or Materials without any payment or attribution to You.

All company names, product and service names, and any other slogans and logos on the Site relating to Thermal Exposure, whether or not appearing in large print or with the trademark symbol, and look and feel of the Site, including all page headers, custom graphics, button icons and scripts (collectively, the “Trademarks”), are the service mark, trademark, and/or trade dress of Thermal Exposure or its suppliers or licensors. All other Trademarks, mentioned in the Site are the property of their respective owners. Reference to any Trademarks or to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us. Nothing contained in this Site should be construed as granting, by implication, estoppel or otherwise, any license or right in and to any of the Trademarks. Your unauthorized use or misuse of the Trademarks is strictly prohibited.

The Site may contain links to web sites operated by third parties. The links are provided for Your convenience only. Thermal Exposure is not responsible or liable for the content and performance of these sites or Your transactions with such sites and their operators. The inclusion of links by Thermal Exposure to such web sites does not imply any endorsement of such sites or the material on such web sites or any association with their operators.

You are granted a limited, non-exclusive right to create a text hyperlink to the Site for noncommercial purposes, provided such link does not portray Thermal Exposure or any of its products or services in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. You may not use the Thermal Exposure logo or any other proprietary graphic of Thermal Exposure to link to this Site without the express written permission. Further, you may not utilize framing techniques to enclose the Site without express written consent.

Thermal Exposure may provide third party content on as a service to those interested in this information. Thermal Exposure does not monitor or have any control over such third party content and does not endorse or adopt any third party content or make any guarantee as to its accuracy, completeness or otherwise.

NO WARRANTIES; DISCLAIMERS OF LIABILITY AND LIMITATIONS OF REMEDY. YOUR USE OF THIS WEB SITE IS ENTIRELY AT YOUR OWN RISK. THIS SITE DOES NOT OFFER MEDICAL ADVICE AND NOTHING CONTAINED ON THE SITE IS INTENDED TO CONSTITUTE PROFESSIONAL ADVICE FOR MEDICAL DIAGNOSIS OR TREATMENT. INFORMATION AVAILABLE VIA THIS SITE MUST NOT BE RELIED UPON FOR MEDICAL, LEGAL, OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT WITH AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE.

THIS SITE AND THE SITE MATERIALS IS PROVIDED ON AN “AS IS” BASIS, AND NANOQUNTUM SCIENCES, INC. MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING THE SITE OR THE SITE MATERIALS, INCLUDING ABOUT THE TIMELINESS OR ACCURACY OF THE INFORMATION OR CONTENT AVAILABLE ON OR THROUGH THE SITE. NANOQUNTUM SCIENCES, INC. DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE SITE, THE SITE MATERIALS WITHOUT LIMITING THE FOREGOING, NANOQUNTUM SCIENCES, INC.DOES NOT REPRESENT OR WARRANT THAT MATERIALS IN THE SITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT THE SITE OR ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

IN NO EVENT SHALL NANOQUNTUM SCIENCES, INC., ITS DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE, THE SERVICES, THE CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CASED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM NANOQUNTUM SCIENCES, INC., OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO NANOQUNTUM SCIENCES, INC’S RECORDS, PROGRAMS OR SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF NANOQUNTUM SCIENCES, INC., WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF THE SITE EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO NANOQUNTUM SCIENCES, INC. FOR ACCESS TO OR USE OF THE SITE.

Indemnification

You agree to defend, indemnify and hold harmless Thermal Exposure, its independent contractors, service providers and consultants, and their respective directors, employees and agents, from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to your use of or inability to use the Site.

Washington Law and Forum. These Site Terms shall be governed and construed in accordance with the laws of the State of Washington applicable to agreements made and to be performed in Washington. You agree that any legal action or proceeding between Thermal Exposure and You that may arise concerning Your use of and access to the Site, these Site Terms, or the parties’ obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction sitting in King County, Washington.

If any part of these Site Terms is determined to be invalid, unlawful, void or unenforceable, then such provision will be deemed severable and shall not affect the validity and enforceability of any remaining provisions. Such provision shall superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of these Site Terms will continue in effect.

Termination

Notwithstanding any of these Site Terms, Thermal Exposure reserves the right, without notice and in its sole discretion, to terminate your license to use the Site, and to block or prevent future your access to and use of the Site.