This Web Site (“Site”) and its accompanying content and services (“Site contents”) are made available subject to the following terms and conditions (“Terms”). By using this site, you accept these Terms and agree to be bound by them; if you do not accept the Terms, you must promptly cease use of the Site.
This Web Site and its accompany content and services are owned by PhalanxBio, Inc. (“Phalanx”), and these Terms are in addition to any agreement governing your purchase or use of Phalanx products or services by you or by your organization. By using the Site and the Site contents, you agree that you will not use them (i) for any purpose that is unlawful, or prohibited by these Terms, (ii) in a clinical diagnostic setting, (iii) in connection with any diagnostic product or service. You further agree that you will not use the Site or Site contents for any commercial purposes without Phalanx’s consent or to disrupt other web sites or networks connected to the Site. If you breach any of these Terms, your authorization to use this Site shall automatically terminate.
You may not reverse engineer, deconstruct, disassemble, or decompile any software or technology underlying the Site or provided through the Site contents. The Site contents may not be distributed, modified, reproduced, or used, in whole or in part, without the prior written consent of Phalanx, except you may download Site contents to any single computer, provided you keep all copyright, trademark, and other proprietary notices intact and comply with these Terms and any other agreements. These Terms granting you a limited license to use the Site do not grant you any other right or license, express or implied, by estoppel or otherwise, to Phalanx’s or any third party’s intellectual property rights. As previously noted, if you purchase products or services from Phalanx, these Terms are in addition to our standard terms and conditions of sale, which you may request by contacting Phalanx.
You acknowledge that any communications or materials of any kind that you email, post, or transmit to or through the Site, including questions, comments, suggestions, or any other information, will be treated as non-confidential and non-proprietary by Phalanx (unless subject to a separate agreement). You hereby warrant that you have the right to provide us with any such communications or materials, and you hereby grant to Phalanx a non-exclusive, transferable, fully-paid, royalty-free, perpetual, worldwide, irrevocable license to reproduce, create derivative works of, transmit, display, disclose, and otherwise use your communications or materials for reasonable business purposes.
You acknowledge that whenever you voluntarily make your personal information, communications and other materials (“Communications”) available for viewing by others online, for example on message boards, through email or web logs, or in chat areas, such Communications can be seen, collected, and used by others besides us. Phalanx cannot be held responsible for any unauthorized third party use of such Communications. Furthermore, Phalanx does not represent or warrant that your Communications can be protected against loss, misuse or alteration by unauthorized third parties.
The Site, Site contents, and all information available through this Site are provided “as is,” with all faults, and “as available.” Phalanx does not warrant that the Site or Site contents will meet your requirements, that the results of any query will be complete or accurate, or that any information provided by or referred to or through the Site is accurate or reliable. Phalanx does not warrant that access to the Site will be uninterrupted or error-free, or that defects in the Site will be corrected. To the fullest extent permissible by Law, Phalanx disclaims all representations and warranties, express or implied, including, but not limited to, title, non-infringement, conformity to any representation or description, merchantability, quality of information, quiet enjoyment, and fitness for a particular purpose.
Limitation on Liability
NEITHER PHALANX, NOR ITS LICENSORS OR SUPPLIERS, WILL BE LIABLE UNDER ANY THEORY FOR DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING FROM THE YOUR USE OF THE SITE OR SITE CONTENTS AND THE INFORMATION CONTAINED THEREIN, HOWEVER ARISING, EVEN IF PHALANX OR ITS REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION DOES NOT APPLY TO THE EXTENT IT IS PROHIBITED BY LAW. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE OR SITE CONTENTS AND/OR HYPERLINKED WEBSITES IS TO STOP USING THE SITE AND/OR THOSE SERVICES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Phalanx is not responsible for the content of linked third-party Web Sites and does not make any representations regarding the content or accuracy of materials on such third party Web Sites.
These Terms shall be governed and construed in accordance with the laws of the United States of America and the State of California, without giving effect to conflicts-of-law principles thereof. You agree to submit to the personal jurisdiction of the state and federal courts located in California, with respect to any legal proceedings arising out of this Agreement or use of the Site and waive any objection to the propriety or convenience of venue in such courts.