Effective Date: 11/23/2011
1. ACCEPTANCE OF TERMS
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.
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.
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
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.