ACCUGENIX, INC.
WEB SITE TERMS OF USE
Effective Date: 11/23/2011
1. ACCEPTANCE OF TERMS
Welcome to accugenix.com, a website operated by Accugenix, Inc. (the “Web Site”). You are authorized to use the information and services available at this Web Site only if you agree to these Terms of Use, which constitute a legally binding agreement between you and Accugenix, Inc. (“Accugenix” or “we”) and your continued use of the Web Site constitutes your acceptance of these Terms of Use. We may modify these Terms of Use at any time, and will post the modified Terms of Use on this Web Site. Any modification is effective immediately upon posting. Your continued use of the Web Site following modification of these Terms of Use will be conclusively deemed to signify your acceptance of such modification.
2. PROPRIETARY WEB SITE
This Web Site is protected by U.S. and international copyright laws and treaties, as well as other U.S. and international intellectual property laws and treaties. This Web Site contains copyrighted material, trademarks and other proprietary material belonging to Accugenix, Inc. and others which may include, but shall not be limited to, text, graphics, images, music, data, photos, audio, video, and software, both individually and as compiled on this Web Site (“Proprietary Material”). No license to or right in any such Proprietary Material is granted to or conferred upon you. You may not reproduce, distribute, modify, adapt, create derivative works of, display, transmit, broadcast, sell, license or in any way exploit the Proprietary Material, in whole or in part, without our advance written consent in our sole and absolute discretion. Commercial use of any of the Proprietary Material is strictly prohibited. Without limiting the generality of the foregoing, the Accugenix trademarks and trade dress are the exclusive property of Accugenix and shall not be used without the express written permission of Accugenix in its sole and absolute discretion.
You agree not to use any of the trademarks that appear on this Web Site as metatags on other web sites, and you agree not to display this Web Site in frames, or any of the Proprietary Material via links, without our advance written consent in our sole and absolute discretion. You agree not to use any manual or automated device or process to gather or extract data from this Web Site or to monitor or fetch pages available at the Web Site. Direct linking, deep linking, framing, page-jacking, metatagging, and using a robot, spider, or automated device of any kind to monitor or copy this Web Site or any products displayed on this Web Site is strictly prohibited.
3. LINKS
This Web Site may contain links to web sites owned and operated by others. We have no control over these third party web sites, are not responsible for their content and make no representations about any material available at such third party web sites. Our inclusion of such links is for your information only and does not constitute sponsorship, affiliation or endorsement of the linked web site. Once you link to another web site, you are subject to the terms of use of that web site.
4. E-MAIL
Unless Accugenix is obligated under a separate agreement with you or the organization that employs you, any communication or material you transmit to this Web Site by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like is, and will be treated as, non-confidential and non-proprietary. Unless Accugenix is obligated under a separate agreement with you or the organization that employs you, Anything you transmit may be used by Accugenix for any purpose, including, without limitation, reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, unless Accugenix is obligated under a separate agreement with you or the organization that employs you, we are free to use any ideas, concepts, know-how, or techniques contained in any communication you send to this Web Site for any purpose whatsoever including, without limitation, developing and marketing products or services using such information. Commercial enterprises seeking to do business with Accugenix should not submit unsolicited confidential or proprietary information to this Web Site.
We have no responsibility or liability for the deletion of or failure to post or store any communications from you. You may not use our domain name as a pseudonymous return e-mail address for any communications that you transmit from another location or through another service. You may not use any false or misleading information concerning your identity or otherwise when using this Web Site or any of the services or resources available here. You may not transmit to this Web Site e-mail that includes false or misleading information in the return address or in the subject line.
5. PRIVACY POLICY
For information about our data privacy practices, please read our Privacy Policy [http://www.accugenix.com/2968-2]. You agree and understand that use of your data will be in accordance with our Privacy Policy.
6. ELIGIBILITY
You represent that you are of legal age to form a binding contract with us and are not barred from using this Web Site by the laws of the United States or the country in which you reside.
7. SAMPLE SUBMISSION FORM
The Web Site currently allows you to prepare and submit to Accugenix, on behalf of your employer, an Identification Request Form in electronic format. You and your employer are responsible for the information being provided including its accuracy and completeness. The services order via the Identification Request Form are not governed by these Terms of Use but rather by (1) the terms and conditions that Accugenix emails to you upon confirming receipt of the Identification Request Form via the Web Site or (2) to the extent Accugenix and your employer have entered into a separate written agreement concerning the services requested on the Identification Request Form, then such separate written agreement.
8. TERMINATION
We may terminate this Web Site and/or your access to this Web Site at any time in our sole discretion, with or without cause, and without notice to you. Even after your use of this Web Site ends, Sections 2, 4, 5, 6, 7, 8, 9, 10, 11 and 12 shall remain in effect.
9. DISCLAIMER OF WARRANTIES. YOU AGREE THAT YOUR USE OF THIS WEB SITE WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THIS WEB SITE AND YOUR USE THEREOF, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY, COMPLETENESS, CURRENCY OR RELIABILITY OF ANY MATERIAL PROVIDED BY OR THROUGH THIS WEB SITE, AND ASSUME NO LIABILITY OR RESPONSIBILITY FOR (A) ANY ERRORS, OR OMISSIONS IN CONTENT OR MATERIALS, (B) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEB SITE, (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY PERSONAL OR FINANCIAL INFORMATION STORED THEREON, (D) ANY BUGS, VIRUSES, WORMS, TROJAN HORSES, SPYWARE OR OTHER MALWARE OR MALICIOUS COMPUTER CODE TRANSMITTED THROUGH THIS WEB SITE, (E) ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THIS WEB SITE OR ANY SITE LINKED TO THIS WEB SITE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING THAT APPEARS ON THIS WEB SITE. YOU ARE SOLELY RESPONSIBLE FOR ANY AND ALL DAMAGE TO OR LOSS OF PROPERTY, OR PERSONAL INJURY OR DEATH THAT MAY RESULT FROM YOUR ACCESS TO AND USE OF THIS WEB SITE.
10. LIMITATION OF LIABILITY. WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF YOUR USE OF THIS WEB SITE, INCLUDING BUT NOT LIMITED TO (A) THE USE OR INABILITY TO USE THIS WEB SITE, (B) STATEMENTS OR CONDUCT, WHETHER ON-LINE OR OFF-LINE, OF ANY VISITOR TO OR MEMBER OF THIS WEB SITE, OR (C) ANY OTHER CONDUCT, ACT OR OMISSION OCCURRING AT THIS WEB SITE.
11. INDEMNITY. YOU AGREE, AT YOUR EXPENSE, TO DEFEND, INDEMNIFY AND HOLD ACCUGENIX, INC., ITS TRUSTEES, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS HARMLESS FROM ANY CLAIM, DEMAND, CAUSE OF ACTION, DEBT OR LIABILITY (INCLUDING COSTS AND REASONABLE ATTORNEYS’ FEES) THAT ARISES OUT OF YOUR USE OF THIS WEB SITE, MATERIAL YOU ACCESS, SUBMIT, POST, TRANSMIT OR MAKE AVAILABLE THROUGH THIS WEB SITE OR YOUR VIOLATION OF THESE TERMS OF USE.
12. General. These Terms of Use, together with our Privacy Policy, constitute the entire agreement between you and us and govern your use of this Web Site, superseding any prior or contemporaneous representations or agreements. All disputes arising out of or relating to these Terms of Use or our operation of this Web Site shall be governed by the laws of the State of Delaware and of the United States without regard to conflict of law principles. You agree to submit to the exclusive jurisdiction of the Federal Court for the District of Delaware or state courts with jurisdiction over Accugenix’s headquarters in Delaware, provided that we shall be entitled to apply for injunctive relief in any jurisdiction. Our failure of Accugenix to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid or unenforceable, the parties agree that the court should give effect to the parties’ intentions as reflected in such provision, and the other provisions of the Terms of Use shall remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of this Web Site or the Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in these Terms of Use are for convenience only and have no legal or contractual effect.
