Terms & Conditions

To assist you in using the HawkScanner website(s) (the “Website”), and to ensure a clear understanding of the relationship and obligations arising from your use of our Website, we have created a Privacy Policy and a set of Terms and Conditions for Use that govern your use of our Website. Our Privacy Policy explains how we protect and treat contact and other information you may provide to us through the Website, and our Terms and Conditions govern your use of our Website generally.

Your use of our Website constitutes your agreement to follow and be bound by the Terms and Conditions and Privacy Policy. If you do not agree to the terms and conditions of these agreements, you are not authorized to use our Website.

If you have any questions and/or comments regarding our Website, you may contact us as provided in Section 11.0 of our Privacy Policy.

1.0 Agreement

These Terms and Conditions (the “Terms and Conditions”) govern your use of the Website, your receipt of any services through the Website, subject to the provisions of Section 14.0. These Terms and Conditions constitute an agreement between you and HawkScanner and impose legal obligations upon you. By accessing our Website, you are acknowledging that you have read and understood these Terms and Conditions and agree to be legally bound by them.

You accept these Terms and Conditions by accessing or using the Website in any manner, even if you do not create an account with the Website. You represent and warrant that you are at least 18 years of age and of legal competence to enter into this agreement. If you are using the Website on behalf of your employer or a third party, you represent and warrant that you are authorized to accept these Terms and Conditions on behalf of your employer or that third party.

In addition, if you register as a user of any of the features of our Website, during the registration process (and from time to time as HawkScanner may require) you will be prompted to click an “I Agree to the Terms and Conditions and Privacy Policy,” “Submit” or similar button, which further confirms your agreement to be legally bound by these Terms and Conditions.

2.0 Conditions on Participation

You may use the Website only if: (i) your use of the Website will not violate any law in any applicable jurisdiction; (ii) you do not engage in any conduct that will impede, impair or interfere with the functioning of the Website; and (iii) you agree to be bound by and abide by all of the provisions of these Terms and Conditions.

3.0 Ownership of Information; Downloading of Materials; Retransmission and Redistribution of Data

The Website is made available solely as a convenience to you for general informational purposes for your internal use, subject at all times to these Terms and Conditions. Unless otherwise noted, all right, title and interest in the Website, and information made available in the Website (“Information”), in all languages, formats and media throughout the world, including all copyrights and trademarks, trade secrets and/or proprietary information therein, are and shall continue to be the exclusive property of HawkScanner, its subsidiaries, affiliates or licensors, or used under principles of “fair use.”

Other than connecting to the Website by http request using a web browser, you may not attempt to access HawkScanner’s servers or the Website by any means. You are not authorized to access or query the Website through the use of electronic processes that are high-volume and automated. In particular, you are prohibited from scraping, crawling, data-mining, or using any robot, spider, or other automatic device to send queries to HawkScanner’s servers or the Website. You may not use the Website to compile data for use by any commercial entity.

Certain materials may be made available for download from the Website. Subject to these Terms and Conditions, HawkScanner grants you permission to download and copy such materials solely for your internal use. Without limiting any other right or remedy available to HawkScanner, at law or in equity, the permission herein granted will automatically terminate in the event you breach the terms of this paragraph and, in such event you must destroy immediately all downloaded materials in your possession, custody or control.

EXCEPT AS OTHERWISE EXPRESSLY PERMITTED BY THE PRECEDING PARAGRAPH, YOU AGREE NOT TO REPRODUCE, RETRANSMIT, DISSEMINATE, SELL, DISTRIBUTE, PUBLISH, BROADCAST, CIRCULATE OR PROVIDE THE INFORMATION OR SERVICES OBTAINED FROM THE WEBSITE IN ANY MANNER OR FOR ANY PURPOSES (PERSONAL OR BUSINESS) WITHOUT THE PRIOR EXPRESS WRITTEN CONSENT OF HawkScanner.

You further agree not to use the Website or Information for any unlawful purpose and agree to comply with reasonable requests by HawkScanner to protect the respective rights of HawkScanner, its subsidiaries, affiliates, or licensors in the Website in the Information. Use of the Website or Information to attempt to bypass online advertising policies or filters is strictly prohibited. If such activity is suspected, HawkScanner retains the right to disable the user account and notify any affected third parties.

4.0 Disclaimer regarding Content

HawkScanner cannot and does not guarantee that the Information (including information obtained from third parties) is accurate, reliable, current, complete or appropriate for your needs. Due to various factors, including the inherent possibility of human and mechanical error, the accuracy, completeness, timeliness, results obtained from use, or correct sequencing of the Information, is not and cannot be guaranteed by HawkScanner or by any third parties creating or transmitting such Information.

5.0 Disclaimer regarding Links and other Third Party Content

From time to time, the Website may provide you with the ability to access certain content from third parties through links to the websites of such other parties. When you access such third party content, YOU PROCEED AT YOUR OWN RISK. HawkScanner does not guarantee that it will screen such content or that such content will be accurate, free from errors, consistent with what it purports to be or appropriate to fit your needs. You agree that HawkScanner shall not be held liable for any activities that occur on any website you access through links on the Website. We provide these links as a convenience, and do not endorse the content or services offered by these other sites.

6.0 Information You Download

HawkScanner cannot and does not guarantee or warrant that information that may be available for downloading through the HawkScanner Website will be free of infection or viruses, worms, Trojan horses or other code that manifests contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of information input and output, and for maintaining a means external to HawkScanner for the reconstruction of any lost information.

7.0 Complaints Over Perceived Infringement

HawkScanner respects intellectual property rights and will use efforts that are commercially reasonable in light of our resources to accommodate generally accepted technical measures used by copyright owners to identify and protect their copyrighted works. If you believe that materials posted on our Website infringe your rights under copyright law in specific materials (collectively, a “Work”), you must direct your concerns to our legal department: Email: info@hawkscanner.com

8.0 No Advice or Solicitation

The Information is for informational purposes only and should not be used or construed as an approval, endorsement, or recommendation of any healthcare product or company by HawkScanner, its subsidiaries, affiliates, officers, directors, employees or agents. You acknowledge and agree that neither the Website nor any of the Information is intended to supply medical or health advice. You acknowledge and agree that the use of the Website and Information, and any decisions made in reliance upon the Website and Information, are made at your own risk.

9.0 Disclaimer of Warranties and Limitation of Liability

You agree that neither HawkScanner, its subsidiaries, affiliates, officers, directors, employees, agents or representatives shall have any liability, contingent or otherwise, for the truthfulness or accuracy of the Website or the truthfulness, accuracy, timeliness, completeness or correct sequencing of the Information, or for any decision made or action taken by you in reliance upon such Information or the Website, or for any other aspect of the Information or Website.

THE WEBSITE AND INFORMATION ARE PROVIDED “AS IS.” TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THERE IS NO WARRANTY OF MERCHANTABILITY, NO WARRANTY OF FITNESS FOR A PARTICULAR USE AND NO OTHER WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE INFORMATION OR ANY ASPECT OF THE SERVICES (INCLUDING BUT NOT LIMITED TO INFORMATION ACCESS). YOU RECOGNIZE THAT THE ACCURACY OF THE INFORMATION SHOULD BE CHECKED BEFORE YOU RELY ON IT.

IN NO EVENT WILL HawkScanner BE LIABLE TO YOU, YOUR CUSTOMERS OR ANY OTHER PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING BUT NOT LIMITED TO, LOST PROFITS OR DAMAGES THAT RESULT FROM INCONVENIENCE, DELAY OR LOSS OF THE USE OF THE SERVICES), OR CLAIMS ARISING IN TORT (INCLUDING NEGLIGENCE), EVEN IF HawkScanner HAS BEEN ADVISED OF OR ARE OTHERWISE AWARE OF THE POSSIBILITY OF ANY OF THE FOREGOING.

You acknowledge that documents posted to and content available at the Website may contain computer viruses. Should you download any such materials from the Website, IT IS YOUR RESPONSIBILITY TO PERFORM ANY SCANNING OR OTHER ANTI-VIRUS PRECAUTIONS AS YOU DEEM NECESSARY. UNDER NO CIRCUMSTANCES WILL HawkScanner BE RESPONSIBLE FOR ANY LOSS OR DAMAGE CAUSED BY ANY MATERIALS DOWNLOADED FROM THE SITE AND YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT OR DATA YOU USE IN CONNECTION WITH OUR SITE.

10.0 Indemnification

You agree to indemnify and hold harmless HawkScanner, its subsidiaries, affiliates and their respective officers, directors, employees, agents and representatives from and against any and all claims, losses, liability, costs and expenses (including but not limited to reasonable attorneys’ fees) arising from or relating to your use of the Website or the Information, and/or your violation of these Terms and Conditions or any third party’s rights, including but not limited to copyright, proprietary and privacy rights.

11.0 Modification and Termination of Website; Modification of Terms and Conditions

Notwithstanding any provision in these Terms and Conditions, HawkScanner reserves the right, in its sole discretion, at any time, to change or modify from time to time and/or terminate (i) this Website, (ii) any particular services made available via the Website, or (iii) these Terms and Conditions. Your use of our Website following any such change constitutes your agreement to follow and be bound by the Terms and Conditions, as changed.

12.0 Personal Data

Your provision of personally identifiable information, and our use of such information, is governed by our Privacy Policy. Please read that policy to learn how we handle and safeguard such information.

13.0 Force Majeure

In addition to applicable disclaimers stated above, HawkScanner’s performance under these Terms and Conditions shall be excused in the event of interruption and/or delay due to causes beyond its reasonable control, such as acts of God, acts of any government, war or other hostility, civil disorder, the elements, fire, earthquake, explosion, acts of terrorism, power failures, equipment failure, industrial or labor dispute, acts of Data Providers or other third party information providers, third party software or communication method interruption.

14.0 Entire Agreement

These Terms and Conditions and Privacy Policy relate only to this Website, embody the entire understanding between the parties with respect to this Website and supersede any and all prior representations and agreements, if any, oral or written, with respect to this Website. In the event of any conflict between these Terms and Conditions and/or Privacy Policyand any separate agreement you have executed or otherwise entered into regarding this Website, the terms of such separate agreement shall control.

15.0 Severability

Should any provision of these Terms and Conditions or any provision of our Privacy Policy be held to be void, invalid, unenforceable or illegal by a court, such provision shall be valid and enforceable to the extent permitted by applicable law, and the validity and enforceability of the other provisions shall not be affected thereby. Failure of any party to enforce any provision of these Terms and Conditions or of the Privacy Policy shall not constitute or be construed as a waiver of such provision or of the right to enforce such provision.

16.0 Choice of Law; Choice of Forum

These Terms and Conditions and our Privacy Policy shall be governed by U.S. federal law or the laws of the State of California, U.S.A., without regard to its conflict of law principles In any action arising under these Terms and Conditions or our Privacy Policy, you consent to the jurisdiction and venue of the state and federal courts of California, U.S.A.

17.0 Assignment

These Terms and Conditions shall not be assignable by you, either in whole or in part. HawkScanner reserves the right to assign its rights and obligations under these Terms and Conditions.

18.0 Survival

Sections 1 (Agreement), 3 (Ownership of Information; Downloading of Materials; Retransmission and Redistribution of Data), 4 (Disclaimer regarding Content), 5 (Disclaimer regarding Links and Other Third Party Content), 6 (Information you Download), 8 (No Advice or Solicitation), 9 (Disclaimer of Warranties and Limitation of Liability), 10 (Indemnification), 13 (Force Majeure), 14 (Entire Agreement), 15 (Severability), 16 (Choice of Law; Choice of Forum), 17 (Assignment), and this Section 18 of these Terms and Conditions shall survive the termination of these Terms and Conditions and shall apply indefinitely.

19.0 Your Consent

By using our Website, you agree to comply with, and be bound by these Terms and Conditions. If you do not agree with some, or all of these Terms and Conditions, you are not authorized to visit our Website.

20.0 Credit / Debit Card Payments

We do not store credit card details nor do we share customer details with any 3rd parties companies, organizations, or softwares services.

Our Services are available under monthly subscription plans. Your subscription will be automatically renewed at the end of each subscription period unless you downgrade your paid subscription plan to a free plan or inform us that you do not wish to renew the subscription. At the time of automatic renewal, the subscription fee will be charged to the Credit Card last authorized by you. If you do not wish to renew the subscription, you must inform us at least seven days prior to the renewal date. If you have not downgraded to a free plan and if you have not informed us that you do not wish to renew the subscription, you will be presumed to have authorized HawkScanner to charge the subscription fee to the Credit Card last authorized by you.

We reserve the right to change the price of any Service or charge for the use of Services that are currently available free of charge. Any increase in charges will not apply until the expiry of your then current billing cycle. You will not be charged for using any Service unless you have opted for a paid subscription plan.