Website Terms of Use and Privacy Policy

Welcome to the iroatech.com web pages, owned and operated by IROA Technologies, LLC (“IROA Technologies” or “we” or “us” or “our”). We hope to provide a good experience and the opportunity to learn more about metabolic profiling and how the IROA® method and products can facilitate your research.

The following information is designed to explain how we collect and use the information we receive from you as well as how your use of iroatech.com web pages (collectively, the “Website”) is subject to these terms and conditions and privacy policy (collectively, the “Website Terms of Use and Privacy Policy” or “Website Terms of Use”) as outlined below. Prior to using the Website, please carefully review the Website Terms of Use.

(1) Notice. By using and accessing the Website, you indicate that you have understood and agree to the Website Terms of Use, which include the notices set forth below and/or any other terms, notices, disclosures, and/or disclaimers set forth on the Website. If you do not agree to all of the Website Terms of Use, then please discontinue use of this Website immediately. Please note that the Terms of Purchase apply to any account created with or Product purchased from us. Any terms capitalized but not defined in the Website Terms of Use shall have the meaning ascribed to them in the Terms of Purchase. The information on the Website, including the Website Terms of Use, is subject to change without notice. Repeat visitors to the Site should not assume that the Website Terms of Use have not been amended and therefore should review the Website Terms of Use upon each visit to the Site.

(2) Intellectual Property Rights. The materials on this Website are protected by intellectual property rights, claimed by IROA Technologies, LLC. The intellectual property consists of, but is not limited to, text, images, designs, diagrams, figures, cartoons, logos, databases, algorithms, trade names and other intellectual property, all of which may be covered by patents, trademarks and/or service marks (both registered and unregistered), trade names, trade dress law, trade secret law, copyrights (both registered and unregistered), and/or other applicable laws that protect right, title, and/or ownership of such property belonging to the Website and IROA Technologies, LLC (collectively, the “Intellectual Property”). IROA Technologies, LLC will aggressively enforce all intellectual property rights, but any delay or omission by IROA Technologies, LLC in doing so shall not constitute or be deemed or construed as a waiver.

(3) Use of Materials Is Restricted. All materials contained in the Website, including the Intellectual Property, are the property of and proprietary to, or licensed to, IROA Technologies, LLC. The material from the Website may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download the materials owned by IROA Technologies, LLC for non-commercial internal research purposes or laboratory use only provided that you retain and keep intact all copyright and other proprietary and intellectual property notices, make no modifications to the materials, and do not distribute, reverse engineer, modify, decompile or use the materials, including for any unauthorized use, whether or not commercial or public.

(4) Software and Limited License. In the event any software is downloaded from the Website or otherwise purchased from us pursuant to the Terms of Purchase, the software, including (without limitation) the Intellectual Property and any and all files, data and information (whether or not imbedded), algorithms, figures, diagrams, excel pages, charts, images incorporated in or generated by the software, and data accompanying the software (collectively, the “Software”) is further subject to the Terms of Purchase and the Product Use Limitations and Intellectual Property Rights, and licensed to you by us or third party licensors for non-commercial internal research purposes or laboratory use only. We do not transfer title to the Software to you. You may own the medium on which the Software is recorded, but IROA Technologies, LLC retains full and complete title to the Software and all intellectual property rights therein; provided, however, that you will own only the unique information that may be generated as a result of your use of the Software and/or Product. You are not authorized to use the Software for any purpose that would infringe or violate our or another party’s rights therein, including to redistribute, sell, de-compile, reverse engineer, disassemble, or otherwise reduce the Software to a human-readable form.

(5) Export Control Laws and Restrictions. Software from this site is further subject to United States export controls. No Software from this site may be downloaded or otherwise exported or re-exported into (or to a national or resident of) any country to which the U.S. has embargoed goods, including but not limited to: Cuba, Iraq, Libya, North Korea, Iran, Syria, or to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

(6) Grant of License. For any material that you upload or submit to the Website, you automatically grant (or warrant that the owner of such materials expressly granted) us a perpetual, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, publicly perform and display, create derivative works from and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed throughout the world.

(7) Modification of Submissions. IROA Technologies reserves the right to remove or edit content submitted to the Website at any time, including in order to have this content comply with the Website Terms of Use, but any delay or omission by IROA Technologies, LLC in doing so shall not constitute or be deemed or construed as a waiver.

(8) DISCLAIMER OF WARRANTIES. Your use and access to this Website is at your own risk. THE MATERIALS IN THE WEB SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, IROA TECHNOLOGIES, LLC EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS ON THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVERS THAT MAKE SUCH MATERIALS AVAILABLE ARE IMMUNE FROM SECURITY BREACHES OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. IROA TECHNOLOGIES, LLC ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGES, INCLUDING LOSS OR DAMAGE CAUSED BY ANY SECURITY BREACHES OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR ANY OTHER PROPERTY ON THE ACCOUNT OF YOUR ACCESS TO THIS WEBSITE (OR THE SITES LINKED TO THIS WEBSITE) OR FROM DOWNLOADING OR UPLOADING ANY MATERIALS, IMAGES, CONTENT, DATA, VIDEO, AUDIO FILES, SOFTWARE ALGORITHMS FROM OR TO THIS WEBSITE OR ANY OTHER WEBSITE LINKED TO THIS WEBSITE, AND IN THE CASE OF ANY LOSS OR DAMAGE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION TO ANY PROPERTY. THERE IS NO WARRANTY THAT YOUR ACCESS OR THE USE OF THIS WEBSITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT YOUR CAN EXPECT ANY PARTICUAR RESULTS THROUGH THE USE OF THIS WEBSITE. MATERIALS OFFERED ON THIS WEBSITE DO NOT CONSTITUTE AN OFFER TO CONDUCT BUSINESS OR ANY FORM OF SOLICITATION IN ANY JURISDICTION. WHEN YOU VISIT THIS WEBSITE YOU ARE SUBJECT TO THE LAWS OF THE UNITED STATES AS WELL AS THOSE OF YOUR COUNTRY AS TO WHETHER YOU ARE PERMITTED TO ACCESS THE INFORMATION PROVIDED AND USE THIS WEBSITE ACCORDINGLY OR REFRAIN FROM USING THE WEBSITE. WE MAY AT ANY TIME ENGAGE IN SOCIAL NETWORKING, DISCUSSION GROUPS, CHATS, POSTINGS, OR ANY TYPE OF TRANSMISSIONS WHERE WE GATHER OR MONITOR INFORMATION. IROA TECHNOLOGIES, LLC ASSUMES NO RESPONSIBILITY OR LIABILITY ARISING FROM THE CONTENT OF ANY MATERIALS FROM ANY LOCATIONS (INCLUDING ON SITES LINKED TO THE WEBSITE) AND DOES NOT ACCEPT RESPONSIBILITY FOR ANY LIABILITY, ERRORS, FALSEHOODS, INACCURANCIES, DANGER, MISJUDGEMENT, DEFAMATION, LIBEL, SLANDER, OMISSION, FALSEHOOD, OBSENITY, PROFANITY, PORNOGRAPHY CONTAINED WITHIN ANY INFORMATION WITHIN OR RESULTING FROM OR RELATING TO INFRINGEMENT BY SUCH LOCATIONS ON THE WEBSITE. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE MATERIALS ON THE WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

(9) Policies of Third Party Sites. You should be aware that when you visit this Website, you may come across other links or sites or be directed to other sites that take you outside of this Website that are not under our control. This may include and is not limited to any links from advertisers, sponsors, and content partners that may use our logo(s) or trademarks as part of an agreement we have with them. We do not necessarily endorse, and are not responsible for, these websites or their privacy practices, including mechanisms to collect data such as use of cookies, or any actions or information related to these websites. Therefore, we encourage you to read the privacy statements of all destination sites that you visit. We reserve the right but do not have a duty to disable links from third party sites to the Website. IROA Technologies, LLC will not be held responsible for the accuracy, relevancy, copyright compliance, legality or decency of material contained in any sites that are linked to our Website or listed in our search results.

(10) Information We Collect and How It Is Used. Most of the information on this Website is about Products, technology or IROA Technologies, LLC, where we do not collect any personally identifiable information from you. If you wish to register or fill out contact forms or any other forms, including but not limited to an order form, then you will be required to provide information including but not limited to your name, address, billing address, zip code, telephone number, email address and/or credit card number. We may also ask for information related to products and technology. In addition, your IP address will be collected when you visit our Website, which is associated with your location from where you logged into the internet, but is not necessarily personally identifiable. We may also use cookies to collect important pieces of information that help us with marketing to make this Website and our Products and services better. We may add your information, including your address and email address to our address list, and from time to time may send e-mails and mail to addresses on this list, in connection with marketing and other campaigns. By furnishing us your e-mail address, you expressly consent to our use of it in the manner described herein. If you do not wish to receive such mailings, you may simply opt out by notifying us in writing. If you supply us with your telephone numbers through the Website, then you may also receive telephone contact from us regarding the subject matter of your inquiry or an order. We use personally identifiable information to fulfill orders to you, to process transactions and provide information to you regarding orders or to send other information to you. We also use third party companies to help process orders and for shipping to deliver packages and we furnish personally identifiable information to these third parties only to fulfill orders. It is our policy otherwise not to provide your personally identifiable information to third parties but under certain circumstances we may be required to do so, if required by applicable law, at the request of governmental authorities conducting an investigation, and/or or to verify or enforce compliance with the Terms of Purchase (which includes the Website Terms of Use), to protect the rights, property and/or safety of IROA Technologies, LLC, the users of the Website, or the public, and to investigate and/or protect against misuse or unauthorized use of the Website. To protect your credit card information, we use PayPal. PayPal represents that it provides secure data encryption technologies and physically secure servers that are not connected directly to the internet, and that sellers and merchants do not see your sensitive financial details. IROA Technologies, LLC makes no guarantee of the security of any information you disclose online. All disclosures you make are at your own risk. From time to time, we may also use your information for new, unanticipated uses not previously disclosed in the Website Terms of Use. As our Website Terms of Use are subject to change without notice, repeat visitors to the Website should not assume that the Website Terms of Use have not been amended and therefore should review such policy upon each visit to the Website. In the event of a change to the Website Terms of Use, we will use data collected for any new purposes from the time of the policy change forward.

(11) No Responsibility for Third Party Sites. We explicitly disclaim any responsibility for the accuracy, content, or availability of information found on third party sites that link to or from the Website. We do not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you hereby irrevocably waive any claim against us with respect to such sites and third party content. These links and any transactions with third parties are your own risk and we disclaim any responsibility for the same and for any third party content, including but not limited to accuracy of such content found on third party websites.

(12) Responsibility for Account. The content of sections in our Website may be password protected. If you set up an account on this Website, then you take full responsibility for maintaining confidentiality of any password and for your account and any activities associated with your account.

(13) INDEMNIFICATION. You hereby agree to indemnify, defend and hold us and our affiliates and our officers, directors, principals, owners, agents, employees, attorneys, information providers, affiliates, assigns, licensors and licensees (collectively, the “Indemnified Parties”) harmless from and against any and all suits, losses, claims, demands, liabilities and costs (including reasonable attorneys fees) incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of the Terms of Use, and/or the Terms of Purchase or claims arising from your use of the Website, your account, and/or your use of the Products or services offered by us. You shall use your best efforts to cooperate with us in the defense of any claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

(14) LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE BE LIABLE FOR ANY LOST PROFITS OR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE WEBSITE OR MATERIALS OR FUNCTIONS ON THE WEBSITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IF THE DAMAGES WERE REASONABLY FORESEEABLE. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO NEGLIGENCE, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE WEB SITE AND/OR PURCHASING ANY PRODUCTS FROM US.

(15) Termination of Access. Your access to the Website may be terminated immediately without notice from us if in our sole discretion you fail to comply with any term or provision of these Website Terms of Use or the Terms of Purchase. Upon termination, you must cease use of the Website and any related services and destroy all materials obtained from such site and all copies thereof, whether made under the Website Terms of Use or otherwise.

(16) GOVERNING LAW AND ARBITRATION. All disputes between you and IROA Technologies, including arising out of or relating to use of this Website, or any orders and/or the Products (or related services) or to the Website Terms of Use or Terms of Purchase (including their legality, interpretation or application), shall be governed by and construed in accordance with the laws of the State of Michigan, without giving effect to any principles of conflicts of law, and shall be submitted to and exclusively resolved through final and binding arbitration to be administered by the American Arbitration Association in Oakland County, Michigan, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The arbitration award shall be final and binding regardless of whether one of the parties fails or refuses to participate in the arbitration. Each party shall be responsible for its own attorney, expert, and/or other fees, unless such fees are awarded by the arbitrator to the prevailing party. YOU UNDERSTAND THAT BY SUBMITTING TO ARBITRATION, YOU WAIVE YOUR RIGHT TO TRIAL BY JURY.

(17) General Provisions. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Website Terms of Use and shall not affect the validity and enforceability of any remaining provisions. This and the Terms of Purchase (and all terms and conditions incorporated therein) constitute the entire agreement between us relating to the subject matter herein and shall not be modified except in writing, pursuant to a revision made and posted to the Website or otherwise in writing by IROA Technologies.