Legal Notice – Terms, Conditions, Policies
This Web Site (“Site”, “Web Site” or “Page”) is operated by and for Allumeros BioScience LLC (“Allumeros”). Throughout this Site, the terms “we,” “us” and “our” refer to Allumeros. Allumeros offers this Site, including all information, tools and services available from this Site, to you, the user, conditioned upon your acceptance of all the terms, conditions, policies and notices stated herein.
By accessing the Site, you agree that the statutes and laws of the United States and the state of New York ,U.S.A., without regard to conflicts of laws principles, will apply to all matters relating to use of the Site, and you agree that any litigation regarding your use of this Site and its contents, shall be subject to the exclusive jurisdiction of the state or federal courts in New York, U.S.A. Those who access this Site from other locations do so at their own risk and are responsible for compliance with applicable local laws.
You acknowledge that Allumeros reserves the right in its sole discretion to refuse, restrict or terminate access to this Site by you at any time. Termination of your access or use will not waive or affect any other right or relief to which Allumeros may be entitled at law or in equity.
Your use of this Site constitutes your agreement to, and to be bound by, and to comply with, this Legal Notice and all terms, conduction and polices set forth herein, or elsewhere on this Site. You agree to abide by all additional restrictions displayed or contained anywhere on this Site as they may be present from time to time.
DISCLAIMER OF Warranties
Allumeros is not responsible if information made available on this Site is not accurate, complete or current. The material on this Site is provided for general information only and should not be relied upon or used as a basis for making decisions. Any and all reliance on, and use of any material on this Site is at your own risk. We reserve the right to modify the contents of this Site at any time, but we have no obligation to update any information on the Site.
Allumeros does not warrant or represents that your use of materials on this Site will not infringe rights of third parties not affiliated with Allumeros.
ALLUMEROS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, VALIDITY, ACCURACY, OR RELIABILITY OF, OR THE RESULTS OF THE USE OF, OR OTHERWISE RESPECTING, THE CONTENT OF THE SITE OR ANY OTHER WEB SITES LINKED TO OR FROM THE SITE.
THE CONTENT OF THE SITE IS PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT POSSIBLE PURSUANT TO APPLICABLE LAW, ALLUMEROS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR OTHER VIOLATION OF RIGHTS; AS WELL AS WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING; THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE SITE WILL BE SECURE; THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE WILL BE VIRUS-FREE; OR THAT INFORMATION ON THE SITE WILL BE COMPLETE, ACCURATE OR TIMELY. IF YOU DOWNLOAD ANY MATERIALS FROM THIS SITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIALS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ALLUMEROS OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY OF ANY KIND. ALLUMEROS DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS ON THIS SITE IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE.
IN CERTAIN JURISDICTIONS, THE LAW MAY NOT PERMIT THE DISCLAIMER OF WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
Use of Materials on the Site
All content on this Site (including, without limitation, text, design, graphics, logos, icons, images, audio clips, downloads, interfaces, code and software, as well as the selection and arrangement thereof), is the exclusive property of and owned by Allumeros, its licensors or its content providers and is protected by copyright, trademark and other applicable laws. You may use this Site for any non-commercial purpose that would constitute a fair use under the U.S. Copyright laws. To the extent that any reproduction of this Site is so used, proper and complete accreditation must be given. Any other use of content on the Site, including but not limited to the use of this Site for purposes competitive to Allumeros, is expressly prohibited.
Allumeros, or its licensors or content providers, retain full and complete title to the material provided on the Site, including all associated intellectual property rights.
You may not use the information provided on the Site for unauthorized purposes, including marketing. You may not use any hardware or software intended to damage or interfere with the proper working of the Site or to surreptitiously intercept any system, data or personal information from the Site. You agree not to interrupt or attempt to interrupt the operation of the Site in any way.
Intellectual Property – No License, Notice
Nothing in this Site grants, or shall be construed as granting, any rights, by license, estoppel, implication or otherwise, to any of Allumeros’ intellectual property.
This site may from time to time provide notice of or otherwise identify certain Intellectual Property, including patents and patent applications. Your access to and review of this Site shall be an acknowledgement of knowledge of this Intellectual Property and shall constitute actual notice of this Intellectual Property.
Materials You Submit
Any information, material or communications you send to Allumeros through this Site will be treated as non-confidential information. You acknowledge and agree that Allumeros is free to use any ideas, concepts, suggestions, know-how, techniques, and other information that you send to Allumeros for any purpose without compensation.
For any such non-confidential information you do send, and under any patent or copyright granted therefrom, you hereby grant and agree to grant Allumeros an unrestricted, life-time, world-wide, royalty-free, right and license, with right to sublicense, to (1) make, have made, use, sell, offer for sale, import, license, practice, have made, and otherwise commercially exploit any product method or service, and (2) use, disclose, reproduce, distribute, and make derivative works of the information submitted.
You are prohibited from posting or transmitting to or from the Site any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, or any other material that could give rise to any civil or criminal liability under the law.
You represent and warrant that you own or otherwise control all the rights to the content you post; that the content is accurate; that use of the content you supply does not violate any provision herein and will not cause injury to any person or entity; and that you will indemnify Allumeros for all claims resulting from content you supply.
You or third parties acting on your behalf are not allowed to frame this Site or use our proprietary marks as meta tags, without our written consent. These marks include, but are not limited to, AllumerosTM, and PhotonanotherapyTM. You may not use frames or utilize framing techniques or technology to enclose any content included on this Site. Further, you may not utilize any Site content in any meta tags or any other “hidden text” techniques or technologies.
Allumeros makes no representations whatsoever about any other Web site which you may access through the Site. When you access a non-Allumeros Web site, please understand that it is independent from Allumeros, and that Allumeros has no control over the content on that Web site. In addition, a link to a non-Allumeros Web site does not mean that Allumeros endorses or accepts any responsibility for the content, or the use, of such Web site. Allumeros makes no representation or warranty as to any third-party products.
Inclusion of links to other Sites should not be viewed as an endorsement of the content of linked Sites. Different terms and conditions may apply to your use of any linked Sites. Allumeros is not responsible for any losses, damages or other liabilities incurred as a result of your use of any linked Sites.
Trademarks and Copyrights
Trademarks, logos and service marks displayed on this Site are registered and unregistered trademarks of Allumeros, its licensors or content providers, or other third parties. All of these trademarks, logos and service marks are the property of their respective owners. Nothing on this Site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the Site. Allumeros reserves all rights not expressly granted in and to the Site and its content. This Site and all of its content, including but not limited to text, design, graphics, interfaces and code, and the selection and arrangement thereof, is protected as a compilation under the copyright laws of the United States and other countries.
LIMITATION OF LIABILITY
ALLUMEROS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR RELATING TO THE USE OR THE INABILITY TO USE THE SITE, ITS CONTENT OR LINKS, INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES.
YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE SITE. YOU ACKNOWLEDGE AND AGREE THAT ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR USE OF THE SITE MAY NOT BE SECURE AND MAY BE INTERCEPTED BY UNAUTHORIZED PARTIES. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SITE IS AT YOUR OWN RISK AND THAT THE SITE IS MADE AVAILABLE TO YOU AT NO CHARGE. RECOGNIZING SUCH, YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER ALLUMEROS NOR ITS AFFILIATES, SUPPLIERS OR THIRD PARTY CONTENT PROVIDERS WILL BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THE SITE, OR ANY OTHER SITE YOU ACCESS THROUGH A LINK FROM THIS SITE OR FROM ANY ACTIONS WE TAKE OR FAIL TO TAKE AS A RESULT OF COMMUNICATIONS YOU SEND TO US, OR THE DELAY OR INABILITY TO USE THE SITE, OR FOR ANY INFORMATION, PRODUCTS OR SERVICES ADVERTISED IN OR OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ALLUMEROS, ITS AFFILIATES OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OF THE ABOVE CLAIMS OR ANY DISPUTE WITH ALLUMEROS IS TO DISCONTINUE YOUR USE OF THE SITE. YOU AND ALLUMEROS AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OR THE CAUSE OF ACTION IS PERMANENTLY BARRED.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, ALL OR A PORTION OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
If any provision of this agreement is unlawful, void or unenforceable, the remaining provisions of the agreement will remain in place.