Terms of Use

This EUA Resource web site (Site) is sponsored by MethodSense, Inc. (MethodSense) and is powered by its LuminLogic Software as a Service for use by an individual  (User) without charge to support communication among Users interested in the Emergency Use Authorization of Medical Products and Related Authorities program of the U.S. Food and Drug Administration (FDA).

General.  Site is provided as a service for Users who are granted access by MethodSense in its sole discretion. User may use Site to review and retrieve publicly available information only as permitted by applicable local, state, and federal laws. User agrees, therefore, not to: 1) knowingly and without authorization, alter, damage, or destroy MethodSense’s or another user’s computer system, network, software, program, documentation or data contained therein; 2) use this service to conduct or attempt to conduct any business or activity or solicit the performance of any activity that is prohibited by law. In addition, taking action which results in blocking access to Site by other users will be deemed an unauthorized use.

Anyone using this system expressly consents to administrative monitoring at all times. User is further advised that system administrators may provide evidence of possible criminal activity identified during such monitoring to appropriate law enforcement officials.

Disclaimer of Liability and Reliability.  User’s posts are their personal opinions and do not represent the views of MethodSense.  MethodSense is not responsible for the content of posts to Site, and does not certify any information on the Site as correct, worthy or accurate. User should independently verify and validate any information viewed on Site or advice received from other Users.

All posts and other communications through Site, including private communications, are the property of MethodSense. MethodSense reserves the right to remove content, including all posts and topics created, in its sole discretion. Site’s public forums may be crawled by search engines so forum posts and topics may appear in search results for search engines such as Google, Bing, Yahoo and others. MethodSense does not accept responsibility for search engine results that may include public forum posts.

User’s email address is not visible to other Site users. If User discloses any contact details through the Site, User discloses such information at its own risk. MethodSense does not accept any responsibility for the consequences of such disclosure.

MethodSense can view User’s email address, but it will be kept private unless MethodSense is requested to provide this information by a duly authorized person or organization with the legal right to make such a request.

Links to Third Parties’ Web Sites.  MethodSense maintains this Site under the organization domain of www.luminlogic.solutions/reg. The dynamics of the Internet allow for infinite links from one web site to another without a site host being aware of the link from another site. Therefore, MethodSense cannot be responsible for content or views given on any web site connected via hyperlink to Site. MethodSense reserves the right to reject any request for an external link to Site and to delete any link to another site in its sole discretion

Disclaimer of Damages.  User assumes all risks associated with the use of Site, including any risk to User’s computer, software or data being damaged by any virus, software, or any other file which might be transmitted or activated via a web page on Site or User’s access to it. User shall not in any event be liable for any direct, indirect, punitive, special, incidental, or consequential damages, including, without limitation, lost revenues, or lost profits, arising out of or in any way connected with the use or misuse of the information or lack of information on Site or with the delay or inability to use Site, or from any information, documents, services, software, or other material obtained through Site, or otherwise arising out of the use of Site, whether based on contract, tort, strict liability or otherwise, even if MethodSense and/or any of its employees/affiliates has been advised of the possibility of damages. MethodSense shall not be liable for any loss or injury caused in whole, or in part, by its actions, omissions, or contingencies beyond its control, including in procuring, compiling, or delivering the information, or arising out of any errors, omissions, or inaccuracies in the information regardless of how caused, or arising out of any User’s decision, or action taken or not taken in reliance upon information furnished.

Disclaimer of Association with User.  User acknowledges that no joint venture, partnership, employment or agency relationship exists between the User and MethodSense as a result of these Terms of Use or from use of Site. User agrees not to represent User as an agent, employee or other representative of MethodSense.  MethodSense shall not be liable for any representation, act or omission of User.

Use of Site, Forum, Bulletin Board or Other Communication.  To the extent that Site contains or may in the future contain bulletin boards, discussion webs, chat rooms, or other message, interactive or communication facilities involving MethodSense and other users (“Forums”), User agrees to use such Forums only to send and receive messages and material that are proper and related to the particular Forum. By way of example, and not as a limitation, the User agrees that when using a Forum, the User shall not violate the law by:

• Defaming, abusing, harassing, stalking, threatening or otherwise violating the legal rights (such as rights of privacy and publicity) of others.
• Publishing, posting, distributing, or disseminating any defamatory, infringing, obscene, indecent or unlawful material or information.
• Uploading or downloading files that contain software or other material protected by intellectual property laws (or by rights of privacy or publicity) unless the User owns or controls the rights thereto or has received all necessary consents.
• Deleting any author attributions, legal notices or proprietary designations or labels in any file that is uploaded.
• Falsifying the origin or source of any material contained in a file that is uploaded.
• Knowingly introducing viruses, corrupted files or any other similar software or programs that may damage, alter or destroy Site or the operation of another’s computer system, network, software, program, documentation or data contained therein.
• Knowingly accessing or attempting to access or use MethodSense’s computer system, computer network, or any part thereof, including Site, for the purpose of devising or executing any scheme or artifice to defraud; obtaining money, property or services by means of false or fraudulent pretenses, representations or promises; or committing theft, including but not limited to theft of proprietary information.

User agrees to (as available) send and receive electronic mail, engage in conferences and chats, download and upload files, and otherwise use this Site only as permitted by these terms and conditions, any additional policies or procedures published in Site from time to time by MethodSense, and applicable law.

MethodSense reserves the right to remove any contents of Site received from users for violations of Terms of Use, Forum Rules, other MethodSense use policies and other applicable regulations and law, including violations of others’ constitutional rights. MethodSense reserves the right to edit any notices or postings for length.

User acknowledges that chats, conferences, bulletin boards, discussion webs and any other such interactive or communications’ forums hosted by this Site are public and not private communications. Further, User acknowledges that chats, posting conferences, discussion webs and other communications by other Users are not endorsed by MethodSense, and such communications shall not be considered reviewed, screened, or approved by MethodSense.

Indemnity.  User accepts sole liability for all content posted to Site by User.  As a condition of using Site, User agrees to indemnify MethodSense, its officers, employees and agents against any and all liability, expenses (including attorney’s fees) and damages arising out of claims resulting from User’s use of Site, including without limitation any claims alleging facts that if true would constitute a breach by User of these terms and conditions.

Governing Law.  These Terms of Use are governed by the laws of the State of North Carolina, USA. User consents to the exclusive jurisdiction and venue of courts in Wake County, North Carolina USA in all disputes arising out of or relating to the use of this web site. Use of this web site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.

Severability.   If any of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitation set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect.