Terms of Use

Agreement to Terms

These Terms are entered into as of the earlier of the date you first click "I Accept" or first access or use the Services or Platform (the "Effective Date"). These Terms apply to all users, including contributors of Content to the Site, including without limitation, IRXStudio.com, mito.infraredrx.com, or infraredrx.com.

Infrared Rx may, in its sole discretion, add to, change, or remove any part of these Terms at any time without notice to you, and you agree to be bound by such revisions. Any new features or tools that are added to the current store shall also be subject to the Terms.

Services

Subject to your compliance with these Terms, we will provide you with services through the Site ("Services"), including storing, processing, and analyzing near infrared derived data and other content that you upload or enter into your Account or access via the Site, including the text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features, and all other materials you may view on, access through, or contribute to the Site (collectively, "Content").

We reserve the right, at any time, to modify the Site or Services by making the modification available on the Site or by providing other notice to you. Any modification will be effective immediately upon posting on the Site or such other notice.

Access and Use

As long as you comply with the Terms, INFRARED RX grants you a personal, non-exclusive, non-transferable, limited authorization to access and use the Site. You agree not to copy, reproduce, distribute, transmit, broadcast, display, sell, license, alter, modify, create derivative works from, frame, mirror or otherwise exploit any part of the Site unless explicitly permitted by Infrared Rx.

Account Requirements

In order to access some features of the Site, you will need an Infrared Rx Account ("Account"). You may not use another person's Account. You are solely responsible for the activity that occurs under your Account, and for keeping your Infrared Rx Account login information secure.

Prohibited Uses

• Using the Site for any unlawful purpose or in violation of these Terms
• Collecting or harvesting personally identifiable information from the Site
• Circumventing, disabling or interfering with security-related features
• Using the Site in any manner that could damage or impair Infrared Rx systems
• Attempting to gain unauthorized access to any feature of the Site

Content Guidelines

You represent and warrant that you are the owner of any Content submitted by you, or that you control the rights to or have received all necessary consents to submit such Content. You understand that you, and not Infrared Rx, are entirely responsible for all Content that you upload, post, e-mail, transmit or otherwise make available via the Site.

Content Restrictions

Content that you submit must not:

• Infringe or violate any patent, copyright, trademark, or other intellectual property right
• Be libelous, defamatory, abusive, threatening, harassing, or offensive
• Be malicious or destructive, or contain viruses or other harmful code

Intellectual Property

All content on the Site, such as text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork, and computer code (collectively, "IP") is owned, controlled, or licensed by or to Infrared Rx. The design, structure, selection, coordination, expression, look and feel, and arrangement of the IP is protected by trade dress, copyright, patent and trademark laws.

No part of the Site or the IP may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, or distributed in any way without the express prior written consent of Infrared Rx.

Payment and Termination

You are required to pay the fees for your Account for the term of the plan selected in your registration prior to obtaining access to your Account. All fees will be payable in advance, unless otherwise specified. All plans automatically renew unless you terminate your Account within the specified timeframe.

We reserve the right to disable your password and terminate your access to your Account if you fail to comply with these Terms, including without limitation, failing to comply with password restrictions or providing false Account Information.

Medical Disclaimer

Warranties and Disclaimers

We will use commercially reasonable efforts to provide you the Services relating to your Account during the term of your Account. However, except as expressly provided herein, Infrared Rx hereby expressly disclaims all warranties of any kind, whether express or implied, with respect to the Services, our Content, and all software, products or services described on or available through the Site.

Infrared Rx makes no warranty that the Services will meet your requirements; that the Site will be uninterrupted, timely, secure, or error-free; or that the results obtained from use of the Site will be accurate or reliable.

Limitation of Liability

To the fullest extent permitted by applicable laws, we exclude and disclaim liability for any indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising out of or in connection with the use of the Services and the Site.

Infrared Rx's total cumulative liability in connection with these Terms will not exceed the fees paid to Infrared Rx in the 1 month preceding any such initial occurrence of liability (or, if no such fees have been paid, $10).

Governing Law

These Terms will be governed by and interpreted in accordance with the laws of the State of Georgia. You hereby consent and submit to the exclusive jurisdiction and venue in the state and federal courts located in Atlanta, Georgia for any legal proceedings related to these Terms.

Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or the Terms must be filed within 1 year after such claim or cause of action arose or be forever barred.

Contact Information

Additional Terms

Indemnity

You will indemnify and hold harmless Infrared Rx, and its subsidiaries, affiliates, officers, agents or other partners, users, and employees, from and against any claim, liability, loss, expense or demand, including reasonable attorneys' fees, relating to or arising out of your Content, your use of the Site and Services, your violation of these Terms, or your violation of any applicable laws.

Assignment

You may not assign, delegate or otherwise transfer your Account or your rights or obligations under these Terms. Infrared Rx will have the right, in its sole discretion, to transfer or assign all or any part of its rights under these Terms to any third party.

Entire Agreement

The Terms constitute the entire agreement between you and Infrared Rx and govern your use of the Site, superseding any prior agreements between you and Infrared Rx with regard to your use of the Site.