Welcome to the Culmini Inc., and all its affiliates ("Culmini", "Konnectology", "we" or "us") website at www.konnectology.com and other affiliated websites (the "Website").
This Terms of Use Agreement ("Agreement" or "Terms") sets forth the standards of use of the Website. By using the Website you ( "Member", "you" or "your") agree to these Terms. If you do not agree to the Terms, you may not use the Website. We reserve the right, at any time, to modify, alter, or update the Terms without prior notice. Modifications shall become effective immediately upon being posted at the Website. Your continued use of the Website after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended.
Culmini is providing the Member with the Konnectology Service, an interactive guide related to medical treatment research and tools for your convenience (the "Service").
All information on the Website is furnished for educational purposes only. No information contained on the Website or in any newsletters, correspondences, communications or emails sent by us ("Konnectology Content") is to be taken as medical or other health advice pertaining to any individual's specific health or medical condition. You should always consult the appropriate medical professional for medical advice and treatment and should not rely on the Service as medical advice.
Although we make every effort to provide accurate, quality information to you, Culmini disclaims any implied guarantee regarding the accuracy, completeness, timeliness, or relevance of any element of the Service or the Konnectology Content. The Konnectology Content is not a diagnosis, treatment plan, or recommendation for a particular course of action regarding your health and is not intended to provide specific medical advice. It remains your responsibility to evaluate the accuracy, completeness, and usefulness of all Konnectology Content. Culmini is not engaged in rendering medical or professional services. The Konnectology Content, such as text, outcomes, charts, patient quotes, graphics, photographs, images, advice, messages and any other material provided on the site are for informational purposes only and are not a substitute for the advice and treatment of your health care professional. The Konnectology Content must not be used in place of such advice and treatment. Do not delay seeking the advice of your health care professional because of anything you may have read or interpreted in the Konnectology Content. Consult your health care professional before practicing any recommendations or acting on any Konnectology Content.
The Konnectology Content is not to be interpreted as advocating the self management of your medical condition(s) or those of your family. Culmini does not recommend or endorse any specific centers, tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Site. Reliance on any information provided by or through the Website is solely at your own risk. AS A MATERIAL TERM OF ACCEPTING THE SERVICES, YOU ACKNOWLEDGE THAT CULMINI IS NOT ENGAGED IN THE PRACTICE OF MEDICINE AND THAT ALL DECISIONS MADE USING THE KONNECTOLOGY CONTENT WILL BE THE EXCLUSIVE RESPONSIBILITY OF YOU AND YOUR PHYSICIAN. CULMINI EXPRESSLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR ANY ADVERSE CONSEQUENCES OR DAMAGES RESULTING FROM YOUR RELIANCE ON THE KONNECTOLOGY CONTENT THE INFORMATION PROVIDED BY OR THROUGH THE WEBSITE AND THE SERVICE IS FOR INFORMATIONAL PURPOSES ONLY AND DOES NOT REPRESENT A PROFESSIONAL OPINION, DIAGNOSIS, MEDICAL PLAN OR COURSE OF ACTION. You agree, at your expense, to indemnify and hold Culmini harmless from any and all losses, liabilities, or damages resulting from any and all claims, causes of action, suits, proceedings, or demands against Culmini arising from or related to decisions or recommendations you make using based on the Website or the Konnectology Content.
You may only use the Website if you reside in the United States.
You may only use the Website if you are 18 years of age or older.
You are responsible for maintaining the confidentiality of your Website user or member password and login, and are fully responsible for all activities that occur under your password or account with or without your knowledge. If you knowingly provide your login and password information to another person, your membership privileges may be suspended temporarily or terminated. You agree to immediately notify Culmini of any unauthorized use of your Website account or any other breach of security.
Your use of the Website and any content accessed through the Website must comply with all applicable laws, regulations and ordinances, including any laws regarding the export of data or software.
You may not access the Website other than by the interfaces provided by Culmini or interfere with or disrupt the proper operation of the Website.
If you create, transmit, or display health or other information while using the Website, you may provide only information that you own or have the right to use. Culmini may only use health information you provide as permitted by the Privacy Policy, accessible at the Privacy Policy and applicable laws. Culmini is not a "covered entity" under the Health Insurance Portability and Accountability Act of 1996 and the regulations promulgated thereunder ("HIPAA"). As a result, HIPAA does not apply to the storage of health information by Culmini.
You grant to Culmini and its the non-exclusive, worldwide right to use, copy, transmit and display any data, information or other materials provided to Culmini by you in the course of accessing and/or using the Website. Notwithstanding the foregoing, Culmini's obligations regarding identification and other information concerning your personal information shall be governed by the terms of the Privacy Policy. The Terms of the Privacy Policy are expressly incorporated herein as though set forth in full.
The Website is only for the personal use of individual members who are patients or family members of a patient and may not be used in connection with any commercial endeavors. Organizations, companies, and/or businesses may not become members and should not use the Website without Culmini's express consent. Employees of such organizations including, but not restricted to, health plans, health insurers, transplant programs, hospitals, drug and device manufacturers, research organizations shall not become members and shall not use the Website as part of their professional responsibilities except with the Culmini's express consent.
You agree that Culmini may, with or without cause, immediately terminate your Website and/or Service membership and access to the Website without prior notice. Without limitation, the following may lead to a termination: (a) breaches or violations of this Agreement or other incorporated agreements or guidelines and policies, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated membership cancellation), or (d) unexpected technical issues or problems. Culmini has no obligation to maintain, store, or transfer to you information or data that you have posted on or uploaded to the Website.
Members have unlimited access to the site for the designated fee. Culmini Inc. reserves the right to from time to time change the terms of this Agreement and modify the content that is free, charge for different membership levels and/or provide additional optional services for an additional fee.
To the extent you purchase any goods and/or services from Culmini, you agree to pay for all goods and services ordered from Culmini. You will provide Culmini with valid and updated credit card or approved purchase order information and accurate billing and contact information. If you provide credit card or other authorized payment method information to Culmini, you authorize Culmini, or a credit card processor of its choosing to bill such credit card or to make such charges as applicable.
As a member of the Website, you agree that Culmini may send commercial communications to you by email at your designated email address.
The Website is provided by Culmini Inc. on an 'as is" and on an 'as available" basis. To the fullest extent permitted by applicable law, Culmini makes no representations or warranties of any kind, expressed or implied, regarding the use or the results of this Website in terms of its correctness, accuracy, reliability, or otherwise. Culmini shall have no liability for any interruptions in the use of this Website. Culmini disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties, therefore the above-referenced exclusion is inapplicable. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK.
Culmini shall not be liable for any damages whatsoever, and in particular Culmini shall not be liable for any special, indirect, consequential, or incidental damages, or damages for lost profits, loss of revenue, or loss of use, arising out of or related to this Website or the information contained in it, whether such damages arise in contract, negligence, tort, under statute, in equity, at law, or otherwise, even if Culmini has been advised of the possibility of such damages. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS ARE INAPPLICABLE. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SITE. The aggregate liability of Culmini to you for all claims arising from or related to the Website or the Konnectology Content is limited to the fees paid by you to Culmini for the Service.
You will defend or settle any third-party claim against Culmini, any third party Website providers, or any of Culmini's other licensors arising out of or related to your use of the Website.
Culmini owns all proprietary rights to the Website. Culmini grants to you a non-exclusive, revocable and non-assignable right and license to use the Konnectology Content for your personal use only. Except for the limited license granted to you in this Section, nothing contained on the Website, in the Konnectology Content, or in these Terms shall be construed as to grant any property rights, by license or otherwise, to any invention or any Culmini patent, copyright, trademark, or other intellectual property rights.
The Website is provided by Culmini Inc. on an "as is" and on an "as available" basis. To the fullest extent permitted by applicable law, Culmini makes no representations or warranties of any kind, expressed or implied, regarding the use or the results of this Website in terms of its correctness, accuracy, reliability, or otherwise. Culmini shall have no liability for any interruptions in the use of this Website. Culmini disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties, therefore the above-referenced exclusion is inapplicable. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK.
CULMINI and KONNECTOLOGY and trademarks owed by Culmini. Culmini's trademarks may not be used in connection with any product or service that is not provided by Culmini, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Culmini. All other trademarks displayed on Culmini's website are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those vendors. In addition, such use of trademarks or links to the web sites of vendors is not intended to imply, directly or indirectly, that those vendors endorse or have any affiliation with Culmini.
Culmini reserves the right to modify or discontinue the Website with or without notice to the Member. Culmini shall not be liable to Member or any third party should Culmini exercise its right to modify or discontinue the Website. If you object to any change to the Website or our services, your sole recourse will be to discontinue using the Website. Member acknowledges and accepts that Culmini does not guarantee continuous, uninterrupted or secure access to our website and operation of our website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.
The Website may include links to other sites on the Internet or locations that are owned and operated by online merchants and other third parties, including service providers ("Provider") such as transplant centers. You acknowledge that we are not responsible for the availability of, or the content located on or through, any third-party site. You should contact the site administrator or webmaster for those third party sites if you have any concerns regarding such links or the content located on such sites. Your use of those third-party sites is subject to the terms of use and privacy policies of each site, and we are not responsible therein. We encourage all Members to review said privacy policies of third-parties' sites. Should you decide to use the services of a Provider, any transaction between you and such Provider (including any agreement governing such transaction) will strictly be between you and the Provider. Culmini has no control over the Provider's performance of its services, and Culmini makes no representations or warranties with respect to the Provider's performance of its services. YOU AGREE THAT CULMINI WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS THE RESULT OF ANY SUCH TRANSACTION WITH A PROVIDER.
Product specifications and other information have either been provided by the analysis of government data or collected from publicly available sources. While Culmini makes every effort to ensure that the information on the Website is accurate, we can make no representations or warranties as to the accuracy or reliability of any information provided on this website. Culmini makes no warranties or representations whatsoever with regard to any product provided or offered by any third party, and you acknowledge that any reliance on representations and warranties provided by any third party shall be at your own risk.
Our website is operated and provided in the State of California. As such, we are subject to the laws of the State of California, and such laws will govern the Terms, without giving effect to any choice of law rules. Accordingly, if you choose to access our site you agree to do so subject to the internal laws of the State of California.
Member assumes all knowledge of applicable law and is responsible for compliance with any such laws. Member may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. Member further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.
At Culmini's election, any claim, dispute, or controversy arising out of the Terms, the Service, the Website, or the Konnectology Content ("Claims") may be resolved by final and binding arbitration before a single arbitrator ("Arbitrator") selected from and administered by the American Arbitration Association in accordance with its applicable rules. In the event of arbitration, the arbitration hearing shall be held in Burlingame, California. The prevailing party shall be entitled to reimbursement from the other party of its reasonable attorney's fees, costs, and disbursements arising out of the arbitration.
If any provision of this Terms of Use Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that these Terms and any other agreements referenced herein may be assigned by Culmini, in its sole discretion, to a third party in the event of a merger or acquisition. Members may be asked to agree to an Explanation of Benefits Agreement. In the event of a conflict between the terms of the Explanation of Benefits Agreement and these Terms, the Explanation of Benefits shall govern. Member agrees that by accepting these Terms, Member is consenting to the use of their non-identifiable information for data analysis and other practices described in our Privacy Policy Statement. For questions or notifications of violation of this agreement contact us.
Culmini Inc.
Attn: Konnectology User Agreement Issues
1404 Vancouver Ave
Burlingame, CA 94010
support@konnectology.com