NEOFECT Blog

NEOFECT Blog


August 2017
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Terms of Use

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Terms of Use

This Website is owned and operated by NEOFECT and is designed to provide you information about NEOFECT and its products and services.  These Terms of Use (“Terms” or “Agreement”) is a binding agreement between you and NEOFECT.  Please read this Agreement carefully. By using this Website, you accept the terms of this Agreement and any modifications to this agreement that may be made from time to time.  If you do not agree to terms, do not use this Website.

NEOFECT may change, modify, add, or remove provisions of these Terms at any time, and without notice to you.  It is your responsibility to periodically review this Agreement for changes.  Your continued use of this Website will indicate that you accept and agree to the changes.

Prohibited Conduct

Your Submitted Information

Any feedback or information you submit through this Website will be considered non-confidential.  If you provide feedback or submit information through this Website, you authorize NEOFECT to use or store the feedback or information without restriction and for any purpose.  You also expressly grant an irrevocable license for NEOFECT to use your feedback or information for any purpose.

Intellectual Property

You acknowledge that all content on this Website is owned by NEOFECT, unless otherwise noted or in any other way perceivable as third party rights.  Such content is protected by unfair competition and  intellectual property laws, including but not limited to trademark, copyright, and trade dress.   No content owned by NEOFECT can be copied, reproduced, republished, posted, publicly displayed, translated, or distributed in any way without NEOFECT’s prior written consent.

Third Party Content

This Website may contain data from third parties and links to independent third party websites.  NEOFECT does not exercise control over those websites, and is not responsible for and does not endorse the content of these third party websites.  It is your sole responsibility to comply with the terms of those third party websites.

DISCLAIMERS

this website is provided to you on an “as-is” and “as-available” basis.  Neofect makes no representation that the information provided to you on this website is accurate, complete, error-free, or that the website is uninterrupted or free of viruses.  your use of this website is at your sole risk.  neofect EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

no medical advice

you acknowledge that this website is provided for informational purposes only, and is not provided to you for purposes of giving you medical advice.  YOU SHOULD NOT RELY ON THis WEBSITE IN DECIDING ON A TREATMENT PLAN OR IN EVALUATING ANY OTHER MEDICAL ADVICE REGARDING ANY DISEASE OR MEDICAL CONDITION.  NEOFECT strongly Recommends that YOU CONSULT WITH A PHYSICIAN regarding TREATMENT OPTIONS THAT MAY BE AVAILABLE TO YOU FOR YOUR MEDICAL CONDITION.

LIMITATION OF LIABILITY

EXCEPT WHERE PROHIBITRED BY LAW, NEOFECT IS NOT LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES, INCLUDING LOST PROFITS ARISING OUT OF OR IN CONNECTION WITH USE OF THE WEBSITE, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, EVEN IF NEOFECT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

NOTWITHSTANDING THE ABOVE, IN THE EVENT THAT NEOFECT IS HELD LIABLE FOR ANY DAMAGEs OR LOSS ARISING OUT OF OR IN CONNECTION WITH USE OF THE WEBSITE, DAMAGES WILL be limited to out-of-pocket expenses.

Indemnification

You agree to indemnify and hold NEOFECT, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, damages or expenses (including attorneys’ fees), made against NEOFECT by any third party arising out of or in connection with your use of the Website.

Geographical Limitations

NEOFECT operates this Website from its location in Burlingame, California.  The Website is intended to be accessible worldwide, but not all features, products or services discussed or referenced on the Website are available or appropriate to all persons or in all geographic locations.  It is your responsibility to ensure that you comply with all local laws in your location.

Governing Law and Dispute Resolution

This Agreement is governed by the laws of the state of California, excluding conflicts of law principles.  Any legal claims or lawsuits in brought forth in relation to this Agreement must be brought forth and within one (1) year after the cause of action arises, or such claim or cause of action is barred.  You agree to resolve any disputes in the state or federal courts located in San Mateo County, California, and submit to the personal jurisdiction of those courts for purposes of litigating the dispute.

Third Party Beneficiaries

This Agreement shall not be interpreted or construed to confer any rights or remedies to any third parties.

Severability

If any part of this Agreement is held invalid and unenforceable, that provision will be replaced with a valid provision that best embodies the intent of this Agreement.  The remaining provisions shall remain in full force and effect.

Entire Agreement

This Agreement, together with any amendments constitute the entire agreement between you and NEOFECT regarding your use of the Website.  Any and all other written or oral agreements or understandings previously existing between you and NEOFECT with respect to such use are hereby superseded and cancelled.

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