Inflexxion Terms of Use

If you do not agree to abide by the Terms of Use contained in this Addiction Severity Index-Multimedia Version^® Connect (“ASI-MV^® Connect”) website agreement, you must not become a user of ASI-MV^® Connect, offered by Inflexxion, Inc. (“Inflexxion”). Use of ASI-MV^® Connect constitutes acceptance of the following Terms of Use.

Inflexxion provides the ASI-MV^® Connect website, including the ASI-MV^® assessment, all information, software, products and services available from the site, or offered as part of or in conjunction with the site, to you, the user, conditioned upon your acceptance of all of the terms, conditions, policies and notices stated here. Inflexxion reserves the right to make changes to these Terms of Use immediately by posting the changed Terms of Use in this location. Your continued use of the ASI-MV^® Connect site constitutes your agreement to all of these Terms of Use, and any changes to the Terms of Use made by Inflexxion. .

1. Information Not a Substitute for Medical Advice. ASI-MV^® Connect is an informational website, offered by Inflexxion, primarily containing the ASI-MV^® assessment instrument and related tools. Information, applications, and other resources downloaded from the website are intended to assist staff with their screening, evaluation, assessment and educational activities, in a variety of settings. It is intended to offer staff guidance in carrying out the above activities. The information provided on the ASI-MV^® Connect website is not medical advice provided by a physician, is not substance abuse or mental health advice provided by a trained healthcare professional, and is not a substitute for such advice. Inflexxion is not a healthcare provider. Nothing contained on the ASI-MV^® Connect site is intended to be used for medical diagnosis or treatment or as a substitute for consultation with a qualified health care professional. Never disregard medical or behavioral healthcare advice or delay in seeking it because of something you have read on the ASI-MV^® Connect site. If you have any questions or concerns regarding your health or any health problems, you should seek the advice of a licensed physician, or credentialed healthcare professional.

2. Ownership of the Information, Materials and Software of the Website. You expressly acknowledge and agree that the ASI-MV^® Connect contains information, text, software, photos, video, graphics, music, sounds and other material (called "Materials") that are protected by copyrights, trademarks, trade secrets, patents or other proprietary rights (called "Intellectual Property Rights"), that these Intellectual Property Rights are valid and protected in all forms, media and technologies existing now or developed later, and that all right, title and interest in and to these Materials, including but not limited to all Intellectual Property Rights, belong solely and exclusively to Inflexxion, or the owners and creators of said Materials.

3. Copyrights. Except for material in the public domain under United States copyright law, all copyrights and copyrightable materials which are a part of ASI-MV^® Connect including, without limitation, the Inflexxion logos, designs, text, graphics, pictures, photos, files, software, applications, code, hidden text, databases, HTML code, Java applets, Active X controls and other code and other files and the selection and arrangement thereof are COPYRIGHT © 2002-2007 Inflexxion, Inc., Newton, MA - ALL RIGHTS RESERVED. You agree that you will not use, modify, adapt, reformat, download, upload, post, reproduce, broadcast, publish, display, perform, transfer or redistribute any materials in any form, format or media or by means of any technology without obtaining the prior written authorization of Inflexxion and any other owner of the Intellectual Property Rights in such materials. None of the material contained on the ASI-MV^® Connect site may be reverse-engineered, disassembled, decompiled, transcribed, stored in a retrieval system, translated into any language or computer language, retransmitted in any form or by any means (electronic, mechanical, photo reproduction, recordation or otherwise), resold or redistributed without the prior written consent of Inflexxion and any other owner of the Intellectual Property Rights in such materials. If you wish to request permission to reproduce materials from the website, or if you have any questions about the proper way to include such notices, contact:

Inflexxion, Inc.,
320 Needham Street, Suite 100, Newton, Massachusetts 02464
ASIMVinfo@asimv.com

Violation of this provision may result in severe civil and criminal penalties.

4. Trademarks. Inflexxion^® , ASI-MV^®, ASI-MV^® Connect™, NAVIPPRO™ , Inflexxion.com, ASIMVonline.com, ASIMV.com, and NAVIPPRO.com graphics and icons are trademarks, service marks, trade dress, and/or registered trademarks of Inflexxion, Inc., and may not be copied, imitated or used, in whole or in part, without the prior written permission of Inflexxion. Your unauthorized use of trademarks appearing on the ASI-MV^® Connect site may constitute trademark infringement, which could subject you to substantial civil penalties.

5. Changes in Terms of Use. The owners and creators of ASI-MV^® Connect may change any of the terms in this Terms of Use Agreement at any time. Changes will become effective when ASI-MV^® Connect posts the modified Agreement on the website. If you do not agree to the changes, you must cease use of the website. Continued use of ASI-MV^® Connect by you constitutes acceptance of the terms of the modified Agreement.

6. Activities Not Allowed. You agree NOT to use the ASI-MV^® Connect website for any of the following purposes or activities:

a. The creation, transmission of or posting of any message, data, information, text, software, graphics, files, materials or other content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, harassing, threatening harmful, invasive of privacy or publicity rights;

b. Interference with or disruption to the site’s services or network, including, but not limited to, attempting to gain unauthorized access to the Service, other accounts, computer systems or networks connected to the Service, through password mining or any other means;

c. To transmit or upload any material that contains viruses, trojan horses, worms, time bombs, cancelbots, or any other harmful, destructive or deleterious programs;

d. In connection with any surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages;

e. To impersonate another or create a false identity or otherwise misrepresent an affiliation with a person or entity;

f. To cause harm to minors;

g. To infringe another's patent, trademark, copyright, trade secret, or other intellectual property;

h. To violate another's privacy;

i. To violate any applicable laws, statutes or regulations;

j. To stalk;

k. To violate any regulations of the U.S. Securities and Exchange Commission or any securities exchange including the New York Stock Exchange, American Stocking Exchange, or the NASDAQ;

l. To use any robot, spider, or other automatic device, or manual process to monitor or copy ASI-MV^® Connect web pages or any content on the ASI-MV^® Connect site without Inflexxion's prior express written permission;

m. To distribute any advertising or solicitation of funds or goods and services or to solicit users to join competitive online services;

n. To post a link, address or other contact to any site which is for any of the above purposes; or

o. To defame another individual or entity.

7. Termination of this Agreement. The owners and creators of ASI-MV^® Connect may, in their sole and absolute discretion, and with or without notice, suspend your access to all or any part of the ASI-MV^® Connect website, or terminate this Agreement and thus your rights to use the website, for any conduct or use (whether by you or anyone else having access under your User ID(s) and Password(s)) that the owners and creators of ASI-MV^® Connect believe is a violation of this Agreement or for any other conduct or use that the owners and creators of ASI-MV^® Connect believes is harmful to other Users, ASI-MV^® Connect content providers, or to the website or the interests of the owners and creators of ASI-MV^® Connect .

8. Disclaimer of Warranties. THE ASI-MV^® CONNECT WEBSITE AND ALL INFORMATION, MATERIALS AND SOFTWARE ACCESSIBLE THROUGH THE WEBSITE ARE PROVIDED ON AN "AS-IS," "AS-AVAILABLE" BASIS. THERE ARE NO WARRANTIES, EXPRESS OR IMPLIED, BY OPERATION OF LAW OR OTHERWISE, REGARDING OR RELATING TO PRODUCTS OR WEBSITES FURNISHED TO SUBSCRIBERS UNDER THIS AGREEMENT OR IN CONNECTION WITH THE WEBSITE.

You expressly agree that your use of the website is at your sole risk. The owners and creators of ASI-MV^® Connect do not warrant that the website will be uninterrupted or error free; nor does it make any warranty as to the results that may be obtained from your use of the website, or as to the accuracy, reliability, completeness, or content of any information, website, software or merchandise that may be provided through the website. Inflexxion does not warrant that the functions contained in the software will meet your requirements, or that the operation of the Inflexxion software will be uninterrupted or error-free, or that defects in the Inflexxion software will be corrected. Furthermore, Inflexxion does not warrant or make any representations regarding the use or the results of the use of the Inflexxion software or related documentation in terms of their correctness, accuracy, reliability, or otherwise. No statement, information or advice, including, but not limited to, statements regarding capacity, suitability for use or performance, whether made by the owners and creators of ASI-MV^® Connect, employees, reseller or other representative or otherwise, which is not contained in this agreement shall be deemed to be a warranty by the owners and creators of ASI-MV^® Connect for any purpose or give rise to any liability of ASI-MV^® Connect whatsoever, and you agree that you will not rely on any such statement, information or advice. Where the owners and creators of ASI-MV^® Connect are a distributor, rather than a publisher, of some of the materials accessible through the website, the owners and creators of ASI-MV^® Connect exercise no more editorial control over such Materials than does a typical public library, bookstore or newsstand. The views and opinions expressed in such information do not necessarily reflect those of the owners and creators of ASI-MV^® Connect or its content providers or licensors. Neither the owners nor creators of ASI-MV^® Connect nor its content providers or licensors make any warranties or representations regarding the accuracy, adequacy, truthfulness, completeness, or usefulness of such information.

9. Limitation of Liability. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL ASI-MV^® CONNECT OR INFLEXXION, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES THAT ARISE FROM PERSONAL INJURY, LOSS OF ANTICIPATED REVENUE, LOSS OF INFORMATION OR MATERIAL OF ANY KIND, LOST PROFITS, LOSS OF BUSINESS AND INJURY TO PERSON OR PROPERTY, EVEN IF ASI-MV^® CONNECT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) THAT ARISE IN CONNECTION WITH OR RESULT FROM YOUR USE OF OR INABILITY TO USE THE WEBSITE INCLUDING, BUT NOT LIMITED TO, YOUR RELIANCE ON ANY MATERIALS, CONTENT, INFORMATION, WEBSITES, SOFTWARE OR PRODUCTS OBTAINED ON THE WEBSITE, OR MISTAKES, OMISSIONS, INTERRUPTIONS, COMMUNICATIONS FAILURE, DELETION OF FILES OR E-MAIL, ERRORS, DEFECTS, VIRUSES, TROJAN HORSES, DELAYS IN OPERATION OR TRANMISSION, OR ANY FAILURE OF PERFORMANCE, OR THEFT. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THIS LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT SHALL INFLEXXION’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES EXCEED THE PURCHASE PRICE OF THE INFLEXXION SOFTWARE.

10. Use of Information. By using the ASI-MV^® Connect website, you are agreeing that the owners and creators of ASI-MV^® Connect may collect, use, sell, license and otherwise distribute “de-identified” data about users in aggregated form (so that no user is personally identifiable) to assist in market evaluation and for other purposes as reasonably determined by the owners and creators of ASI-MV^® Connect.

11. Disputes. Any disputes or disagreements regarding the ASI-MV^® Connect website will be governed by the laws of the U.S. and the Commonwealth of Massachusetts. Any and all actions, disputes or controversies relating to the Agreement or the website will be decided by the courts of the Commonwealth of Massachusetts and the U.S. located in Boston, Massachusetts, and you consent to the jurisdiction and venue of those courts.

12. Linked Websites and Resources. Inflexxion is not responsible for the availability or accuracy of Websites, resources, content, advertising, or products on or available from other sites that can be accessed with hypertext links from ASI-MV^® Connect and are not maintained by Inflexxion. The inclusion of any link on the ASI-MV^® Connect website does not imply that Inflexxion endorses the linked site. Such sites may be governed by legal notices and privacy policies which differ from those of the ASI-MV^® Connect website.

13. Indemnification by You. You agree to defend, indemnify and hold harmless, to the extent permitted by State and Federal laws, the owners and creators of ASI-MV^® Connect and its Related Parties from any claims and expenses, including reasonable attorney's fees, related to any violation of this Agreement by your use of the ASI-MV^® Connect website, or in connection with the placement or transmission by you of any material on the website except as expressly authorized in this Agreement.

14. Notices. The owners and creators of ASI-MV^® Connect may give notice to you by electronic mail, by a posting on the website, or by conventional mail. Notice by the owners and creators of ASI-MV^® Connect shall be effective on the date that the owners and creators of ASI-MV^® Connect make a good faith effort to reach you. You shall give notice to the owners and creators of ASI-MV^® Connect, in writing and sent by regular mail (not email), to the address below:

Inflexxion, Inc.
320 Needham Street, Suite 100
Newton, Massachusetts 02464-1594
Attn: ASI-MV^® Connect Administrator

Notice by you shall be effective on the date that the owners and creators of ASI-MV^® Connect actually receive the notice.

15. Controlling Law and Severability. This license shall be governed by the laws of the United States and the Commonwealth of Massachusetts. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this license shall continue in full force and effect. Exclusive jurisdiction over all disputes hereunder shall be the state courts in the Commonwealth of Massachusetts and each party consents to jurisdiction and venue in such courts.