This Web site, including all of the content, applications, and services offered from time to time by, on, or through the site (the “Site”) is offered to you, the user, (“you” or “User”) conditioned solely upon your acceptance of all the provisions of this Agreement. By accessing and using the Site, you agree to abide by all the provisions of this Agreement.
Patent, Trademark and Copyright
This Site is operated by BioMed Valley Discoveries, Inc. (“BVD”). BVD is the owner of all right, title and interest in this Site and its contents, including without limitation, all patents, copyrights, trademarks, service marks, trade dress, trade names and any and all other Intellectual Property whether now known or here after existing and all of the good will therein (“Intellectual Property”). The Site is for your personal, noncommercial use only, with no transfer of title.
You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, sell, or make any other use of any of the content obtained from the Site. You may not use any of the Site content on any other Web site or networked computer environment, or in any format or medium, whether now known or hereafter existing. You may not remove any Intellectual Property or legal notice from any content downloaded from the Site.
Third Party Web Sites and Access
This Site may contain links and pointers to Internet sites maintained by third parties. BVD does not operate or control in any respect, or endorse, the content found on such third-party sites. You assume sole responsibility for use of third party links and pointers.
You further acknowledge that all connections to, and transmissions through, the Internet, including your access to this Site, are subject to opportunities for access by third parties. As a result, by accessing the Site, you acknowledge that you have no legitimate expectation of privacy in such connections and/or transmissions, and BVD shall not be responsible for any such third party access to such connections and/or transmissions.
Modification of this Agreement
BVD reserves the right to change this Agreement at any time by publishing a revised version of this Agreement on the Site. You are responsible for regularly reviewing this Agreement. Continued use of the Site following any such changes means you accept and will abide by these changes.
Warranty Disclaimer; Limitation of Liability
THE MATERIALS IN THIS SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW. BVD DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. NEITHER BVD NOR ANY PERSON ASSOCIATED WITH BVD WARRANTS THAT THE SITE WILL BE OPERATED FREE OF DELAYS IN TRANSMISSION, FAILURE IN PERFORMANCE, COMPUTER VIRUSES, INACCURACIES OR ERRORS IN THE MATERIALS, OR OTHER ERRORS OR DEFECTS. YOU USE THIS SITE AT YOUR OWN RISK. YOU UNDERSTAND AND EXPRESSLY AGREE THAT NEITHER THIS SITE OR THE CONTENT OF THIS SITE CONSTITUTES MEDICAL ADVICE AND YOU AGREE YOU HAVE NOT RELIED ON THIS SITE, IN ANY RESPECT, FOR MEDICAL ADVICE.
UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO BREACH OF CONTRACT, TORT OR NEGLIGENCE, WILL BVD OR ITS AFFILIATES, OR ITS OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS, BE LIABLE FOR DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, THAT ARISE OUT OF OR IN CONNECTION WITH THE USE OF THE SITE OR WITH THE DELAY OR INABILITY TO USE THE SITE, OR FOR ANY INFORMATION, HARDWARE, SOFTWARE, PRODUCTS AND SERVICES OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, EVEN IF ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
You agree to indemnify and hold harmless BVD, its suppliers, and any third parties assisting in the operation of the Site from any claims, liabilities, and expenses (including reasonable attorney’s fees) that may arise from your use of the Site in any way or from your breach of the terms of this Agreement.
BVD reserves the right to make any and all changes to the Site at its sole discretion without notice to users. BVD reserves the right to deny access to the Site to anyone at any time, and to terminate this Agreement at any time without notice in its sole discretion.
This Agreement is governed by the laws of the State of Missouri, in the United States of America, without regard to conflicts of law provisions. You consent to the exclusive jurisdiction and venue of courts of Kansas City, Missouri, in the United States of America, in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.
If any provision of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect.
This Agreement constitutes the entire agreement between you and BVD with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and BVD with respect to the Site. A printed version of this Agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Any rights not expressly granted herein are reserved to BVD.
BVD’s waiver of any condition or covenant of this Agreement, or its failure to exercise a right or remedy available to it, shall not constitute a further waiver of the same or any other condition, covenant, right, or remedy.