Terms of use

General

Your use of this isoray.flywheelstaging.com internet site (this “Website”) is subject to the following terms and conditions (the “Terms”).  You agree to the Terms by accessing this Website or accepting information from this Website.  Isoray, Inc. (“Isoray,” “we,” or “us”) reserves the right in its sole discretion to change the Terms, and your continued use of this Website after the posting of any notice of changes to the Terms constitutes your acceptance to be bound by such changes.  Please visit this page periodically to review the current Terms to which you are bound.  Except for the Terms, no statement on this Website constitutes a contract, representation, warranty, offer to enter into a contract, or an offer of employment, and no statement on this Website is or shall be deemed to be incorporated by implication, reference, or otherwise into any contract or employment relationship with Isoray.

Disclosure of Personal Information

It is the policy of Isoray not to disclose to any outside person or organization without permission the contact information or other personally identifiable information of patients or other persons who contact us through this Website to obtain information about cancer and treatment options.  Please refer to the additional terms below under “Notification of Data Collection and Use” regarding use of information of other types and information collected in other contexts.

Disclaimer Regarding Medical, Research, and Product Information

The medical, research, and product information on this Website is provided primarily for educational purposes.  It is not intended to substitute for informed medical advice.  You should not use the information contained herein to diagnose or treat a health problem or disease without consulting with a qualified physician, or make any medical decisions based solely on such information.  You are encouraged to consult physicians with brachytherapy experience with any questions or concerns you may have regarding your condition, and to explore further the health management options that should be considered.  The product referred to on this Website may not be available in all states or countries, and if available in your state there may be physicians with more experience in using our product in another state.  No representation is made by Isoray as to the availability of our product in a particular state or country.  For the availability of our product in your state or country, please contact us.

Content

The information and features included in this Website, including but not limited to trademarks, service marks, and copyrightable works (collectively, the “Content”) are for informational purposes only and are subject to change at any time without notice.  This Website and all Content is provided “AS IS.”  By using or linking to this Website, you assume the risk that the Content may be incomplete, inaccurate, out of date, or may not meet your needs and requirements.  Isoray reserves the right to alter or delete materials from this Website at any time at its discretion.

Securities Law and Related Matters

Information provided on this Website is generally given only as of the date such information is initially posted on this Website.  Isoray has no duty, and expressly disclaims any such duty, to update or alter any such information for any reason, whether as a result of new information, future events, reassessments by management, or otherwise.  This Website contains “forward-looking statements” within the meaning of the Private Securities Litigation Reform Act of 1995.  Words such as “anticipates,” “estimates,” “expects,” “projects,” “intends,” “plans,” “believes,” and words and terms of similar meaning used in connection with any discussion of future performance identify such forward-looking statements.  Isoray operates in the very competitive and constantly changing healthcare industry.  This industry is affected by, among other things, governmental regulation, economic, political, and social conditions, third-party reimbursement policies, consumer and medical professional responses to our product and other new and existing products and services, technological developments, and the continued ability to protect intellectual property rights.  Actual results may differ materially from management’s expectations because of changes in such factors.  Other factors and risks could also cause actual results to differ from those contained in forward-looking statements, including those identified in Isoray’s filings with the U.S. Securities and Exchange Commission.  This Website may contain content provided by third parties.  Isoray does not warrant or guarantee the accuracy, availability, or completeness of such information.  Neither Isoray nor its content or data providers shall be liable for any errors, omissions, or inaccuracies in this content.

Copyright and Trademark Information/Restrictions on Use of Website

This Website and all of the Content it contains or may in the future contain is the property of Isoray or its affiliated companies and licensors and is protected from unauthorized copying and dissemination by U.S. copyright law, international conventions, and other copyright laws.
The trademarks, logos, and service marks (collectively, the “Trademarks”) displayed on this Website are registered and unregistered Trademarks of Isoray its affiliates, its licensors, and others.  Nothing contained on this Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark or Content displayed on this Website without the written permission of Isoray or the third party that owns the relevant Trademarks or Content.  Your use of the Trademarks and Content on this Website, other than as provided in these Terms, is strictly prohibited.  Isoray will enforce its intellectual property rights to the fullest extent of the law, including referral for criminal prosecution where appropriate.

Requests for permission to reproduce any information contained on this Website should be addressed to:

Isoray Customer Service
250 Hill Street, Suite 106
Richland, WA 99354-5411

Isoray hereby reserves all rights not expressly granted to you.  Nothing in these Terms shall be interpreted as conferring by implication, estoppel, or otherwise any license or right under any patent, copyright, trademark, publicity, or other intellectual property right of Isoray or any third party.

Links to This Website

Unless you have a written agreement in effect with us which states otherwise, you may only provide a hypertext link to this Website on another internet site if you comply with all of the following: (a) the link must be a text-only link clearly marked “Isoray” or “www.Isoray.com”; (b) the link must “point” to the URL “https://isoray.flywheelstaging.com” and not to other pages within this Website; (c) the link, when activated by a user, must display this Website full-screen and not within a “frame” on the linking internet site; and (d) the appearance, position, and other aspects of the link must not be such as to damage or impair the goodwill associated with our name and trademarks or create a false appearance that we are associated with or sponsor the linking internet site.  We reserve the right to revoke our consent to any link at any time in our sole discretion.

Changes in Service

Isoray may at any time and from time to time modify, suspend, discontinue, restrict the use of, or charge for all or any portion of this Website at any time and without notice or liability.  This Website may also be temporarily unavailable due to maintenance, malfunction, or unavailability of computer equipment or private or public networks.

Disclaimers/Limitations on Liability

Isoray makes no representation or warranty whatsoever regarding the completeness, accuracy, currency, merchantability, fitness, or suitability for any particular purpose, or adequacy of any information, facts, views, opinions, statements images, graphics, or recommendations contained in this Website.  Reference to any product, process, publication, or service of any third party by trade name, trademark, manufacturer, or otherwise does not necessarily constitute or imply its endorsement or recommendation by Isoray.  Users are responsible for seeking the advice of professionals, as appropriate, regarding the information, opinions, advice, or content available on this Website.

The internet may be subject to breaches of security.  Isoray is not responsible for any resulting damage to any user’s computer from any such security breach, or from any virus, bugs, tampering, unauthorized intervention, fraud, error, omission, interruption, deletion, defect, delay in operation or transmission, computer line or network failure, or any other technical or other malfunction.  Isoray makes no representation or warranty whatsoever regarding the suitability, functionality, availability, or operation of this Website.  Isoray is not responsible for the content or performance of any portion of the internet other than this Website, including other internet sites to which this Website may be linked or from which this Website may be accessed.  Users are requested to inform Isoray of any errors or inappropriate material found on internet sites to which this Website is or may be linked.  IsoRay reserves the right, in its sole discretion, to terminate a link on or to any internet site which it deems inappropriate or inconsistent with this Website.

ISORAY SPECIFICALLY DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT WITH RESPECT TO THIS WEBSITE AND THE INFORMATION AND OTHER MATERIALS CONTAINED HEREON.

IN NO EVENT WILL ISORAY BE LIABLE TO YOU FOR DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES RESULTING FROM OR IN CONNECTION WITH THIS WEBSITE, ITS CONTENT, OR ANY ERRORS OR OMISSIONS IN ITS TECHNICAL OPERATION OR CONTENT, EVEN IF ISORAY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Notification of Data Collection and Use

Except as specifically provided above with regard to personally identifiable information of cancer patients or other persons who contact us through this Website to obtain information about cancer and treatment options, any and all information submitted to Isoray through this Website is considered non-confidential and may be used or disclosed by Isoray or its affiliates for any purpose.  Use of this Website constitutes consent to monitoring and information collection and the re-use and disclosure by IsoRay for any purpose of such collected information.

Access to this Website may be monitored.  As you navigate through this Website, certain anonymous information may be passively collected (that is, gathered without you actively providing the information) using various existing or future technologies, such as cookies, internet tags, web beacons, and navigational data collection (i.e. log files, server logs, or clickstream).  Your Internet browser automatically transmits some of this information, such as the URL of the internet site you arrived from and the Internet Protocol (IP) address and the browser version your computer is currently using.  This Website may also collect anonymous information from your computer through cookies, internet tags, or web beacons.

Isoray and its affiliates may use and combine such passively collected information for various purposes, such as to provide better service to Website visitors, customize this Website based on your preferences, compile and analyze statistics and trends, and otherwise administer and improve this Website.  Likewise, except as expressly provided above with regard to personally identifiable information of patients or other persons who contact us through this Website to obtain information about cancer and treatment options, we may use personally identifiable information collected via this Website to communicate information to you (if you have requested it), for marketing and research purposes, and for any other purpose.  We may combine such information with other actively or passively collected information, and may disclose personally identifiable information you provide via this Website to Isoray affiliates and third parties worldwide.  Examples of situations in which we may disclose personally identifiable and other information gathered via this Website to third parties include providing information: (a) to contractors we use to support our business (such as suppliers, fulfillment services, technical support, delivery services, marketing or advertising companies, and financial institutions);  (b) in connection with the sale, assignment, or other transfer of the business of this Website to which the information relates; or (c) to respond to law enforcement requests or where required by applicable laws, court orders, or government regulations.  This list is nonexclusive and does not limit our use or disclosure of information.

Additional Provisions

Isoray may deny or terminate any permission granted under these Terms at any time for any reason by giving you notice.

By using this Website, you agree to indemnify, hold harmless, and defend Isoray from any claims, damages, losses, liabilities, and costs and expenses of defense, including but not limited to attorneys’ fees, resulting directly or indirectly from a claim by a third party that is based on your use of this Website in violation of these Terms.

These Terms shall be construed and enforced in accordance with the laws of the State of Washington, without regard to its conflicts of law principles.  By using this Website, you consent and submit to jurisdiction and venue in the state and federal courts located in the State of Washington, Benton County, and further agree that any cause of action you may bring arising under your use of the this Website shall be brought by you exclusively in a state or federal court located in the State of Washington, Benton County, and must be filed in such court within one year after the occurrence of the facts giving rise to the cause of action, otherwise the cause shall be barred.  If any provision of these Terms is held to be unlawful, void, or unenforceable, then such provision shall be severable without affecting the enforceability of the remaining provisions.