Terms of Use

1.Who these terms are with

This website is operated by Fluxergy, Inc., 15 Musick, Irvine, California 92618. “Fluxergy”, “we”, and “us” mean that company. “You” means the person using the site, and if you are using it on behalf of an organization, it means that organization as well, and you confirm you are authorized to accept these terms for it.

This site is intended for people acting in a professional or business capacity, and for people over the age of 16.

2.What this site is for

The site describes Fluxergy, its technology, and its products. It is published for information. Nothing on it is an offer to sell, a quotation, a warranty, or a commitment to supply anything, and nothing on it creates a contract between us.

If you buy or use a Fluxergy analyzer, cartridge, or software subscription, that purchase and that use are governed by the agreement covering them — a purchase order, a supply agreement, a software agreement, or the terms supplied with the product. Those agreements govern over these terms for anything they cover.

3.No medical, veterinary, or professional advice

Nothing on this site is medical, veterinary, clinical, scientific, or other professional advice, and nothing on it should be used to diagnose, treat, or make a decision about a patient, an animal, a sample, or a product. Decisions of that kind are for a qualified professional using validated methods and the instructions for use supplied with the product.

Fluxergy products are regulated, and what is available is not the same everywhere. Which tests are cleared, approved, or registered differs by test and by country, some panels are offered for research use only, and some are still in development. Material on this site may describe a capability that is not available in your market. Confirm the regulatory status and the intended use of a specific product with our team before you rely on it or plan around it.

4.What you agree to when you submit a form

This site has forms on it — a demonstration request, a contact form, and any other form we may add. When you submit one, you agree to all of the following.

• The details you give are accurate, and they are yours to give. If you provide a work email address, a telephone number, or a colleague's details, you confirm you are entitled to provide them for this purpose.
• We may store what you submit, together with the technical information described in our Privacy Policy, and keep it in our customer relationship system.
• We may contact you about Fluxergy and its products and services, by email, by telephone, and by text message, at the details you gave us. This includes contact from our sales team and follow-up after a demonstration.
• We may send you marketing communications, including product announcements, newsletters, event invitations, and technical material. You may opt out of marketing at any time, through the unsubscribe link in any marketing email or by writing to legal@fluxergy.com, and we will stop.
• We may pass your enquiry to a Fluxergy distributor or partner where that is how your market is served.

Do not submit confidential, proprietary, or sensitive information through a form on this site. In particular, do not submit patient information, protected health information, personal health data, or test results. These forms are not a secure channel and are not intended to receive information of that kind. If you need to send us something confidential, write to legal@fluxergy.com first and we will arrange a secure route.

Forms on this site are monitored for automated and abusive submissions, and we may refuse, delete, or rate-limit any submission.

5.Feedback and ideas

If you send us a suggestion, a comment, or an idea about our products — through a form, by email, or in a conversation — you agree that we may use it for any purpose, without restriction and without owing you anything for it, and that doing so does not make it confidential or create any obligation between us. Do not send us ideas you want to keep, or that someone else has an interest in.

6.Our content and trademarks

Everything on this site — text, images, illustrations, video, layout, and software — belongs to Fluxergy or to the people who licensed it to us, and is protected by copyright and other laws. “Fluxergy” and our logos are our trademarks.

You may view the site, and print or download pages from it, for your own information and for internal business use. You may quote short extracts with attribution. You may not otherwise copy, republish, sell, or make a derivative work from the site or its content, and you may not use our name or logos without our written permission.

7.What you may not do here

You agree not to:

• Use the site for anything unlawful, or in a way that breaches these terms
• Submit false details, impersonate anyone, or misrepresent who you are acting for
• Scrape, harvest, or systematically collect content or contact details from the site
• Use a bot, script, or automated process to access the site or to submit a form, other than a search engine crawler following our published rules
• Attempt to gain unauthorized access to any part of the site, our systems, or any account
• Interfere with the site's operation, overload it, or probe it for vulnerabilities, except where we have agreed to a test in writing
• Reverse engineer, decompile, or attempt to extract the source of anything we provide through the site
• Upload or transmit anything containing malicious code

If you believe you have found a security vulnerability in this site, we would rather hear about it than not. Write to legal@fluxergy.com.

8.Accounts

Parts of this site may require an account. If you are given one, you are responsible for keeping your credentials secret and for everything done with them, and you agree to tell us straight away if you believe someone else has used them. We may suspend or withdraw an account at any time.

9.Links and third-party services

The site links to websites we do not control, and embeds services other companies provide, including forms and video. We do not endorse what is on those sites and we are not responsible for them. Your use of a third-party service is subject to that company's own terms and privacy policy.

10.Availability of the site

We do not promise that the site will be available at any particular time or uninterrupted. We may change, suspend, or withdraw any part of it, and we may restrict access to it, without notice. We also update the content of the site; material on it may become out of date, and we are under no obligation to update it.

11.Disclaimer

The site and everything on it are provided “as is” and “as available”. To the fullest extent permitted by law, Fluxergy disclaims all warranties, express or implied, including any implied warranty of merchantability, fitness for a particular purpose, title, non-infringement, and any warranty that the site will be accurate, complete, current, secure, or free of errors or malicious code.

Some jurisdictions do not allow the exclusion of certain warranties, so some of these exclusions may not apply to you.

12.Limitation of liability

To the fullest extent permitted by law, Fluxergy will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profit, revenue, business, goodwill, or data, arising out of or connected with your use of this site, whether the claim is in contract, tort, or otherwise, and whether or not we were advised that such damages were possible.

To the fullest extent permitted by law, our total liability arising out of or connected with your use of this site will not exceed one hundred US dollars.

Nothing in these terms excludes or limits liability that cannot lawfully be excluded or limited, including liability for death or personal injury caused by negligence, or for fraud.

13.Indemnity

You agree to indemnify Fluxergy and its officers, employees, and agents against any claim, loss, liability, and reasonable legal cost arising out of your breach of these terms, your misuse of the site, or anything you submit through it.

14.Governing law

These terms, and any dispute arising out of them or out of your use of this site, are governed by the laws of the State of California, without regard to its conflict of laws rules. You and Fluxergy agree that the state and federal courts located in Orange County, California have exclusive jurisdiction over any such dispute, and you consent to their jurisdiction.

We control this site from the United States. We make no representation that the site or its content is appropriate or available in other locations, and if you use it from elsewhere, you are responsible for complying with your own local law.

15.General

If any part of these terms is held unenforceable, the rest continues to apply. A delay in enforcing a term is not a waiver of it. These terms, together with the Privacy Policy, are the whole agreement between you and Fluxergy about your use of this site.

16.Changes to these terms

We may change these terms. The date at the top is the date of the most recent change, and the version published here is the one that applies. Using the site after a change means you accept the new terms.

17.How to contact us

Questions about these terms, and legal notices of any kind, go to legal@fluxergy.com, or to Fluxergy, Inc., 15 Musick, Irvine, California 92618, United States.