HIGHLIGHTS
• You are agreeing to our Terms of Use when you use our web site www.plectix.com (the “Site”), and these Highlights are not a substitute for reading the actual Terms of Use found below.
• By using the Site, you acknowledge that you have read, understood and agree to be bound by our Terms of Use and to comply with all applicable laws and regulations.
• When you use the Site, you remain responsible for your conduct and actions, and for any content you upload, post, transmit or submit via the Site.
• You may not use the Site for any purpose that is unlawful and/or prohibited by our Terms of Use.
• We reserve the right to expel users and prevent their further access to the Site for, among other things, violating our Terms of Use and/or the law. We also reserve the right to remove any materials that you post on the Site if we consider them to be abusive, disruptive, illegal or otherwise in violation of our Terms of Use and/or the law.
• We may change, suspend or discontinue any aspect of the Site at any time, without prior notice or liability.
• We are not responsible for things that might happen to you as a consequence of your use of our Site. You use our Site at your own risk.
TERMS AND CONDITIONS OF USE
Welcome to www.plectix.com (the “Site”). This Site is offered to you conditioned upon your acceptance without modification of the terms and conditions contained herein (“Terms of Use”). Plectix Biosystems, Inc. (“Plectix”) may revise these Terms of Use at any time by updating this posting. By accessing, browsing and/or using this Site, including all content, software, functions, services, materials and information made available on or accessed through the Site you acknowledge that you have read, understood and agree to be bound by these Terms of Use and to comply with all applicable laws and regulations. The materials provided on this Site are protected by law, including, but not limited to United States copyright laws and international treaties. This Site is operated by Plectix from its offices within the United States. Plectix makes no representations that materials in this Site are appropriate or available for use in other locations, and access to them from territories where their contents are illegal is prohibited.
IF YOU DO NOT ACCEPT THESE TERMS OF USE, THEN DO NOT USE THIS SITE.
USE RESTRICTIONS/PROPRIETARY RIGHTS
The contents on this Site, such as text, graphics, images, photographs, illustrations, trademarks, trade names, service marks, logos and other material (collectively the “Materials”) are protected under both United States and foreign laws. Unauthorized use of the Materials may violate copyright, trademark and other laws. Except as stated herein, none of the Materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means without the prior written permission of Plectix and/or its licensors. Subject to your full compliance with these Terms of Use, Plectix authorizes you to view the Materials on the Site and download a single copy of them, but only for your own lawful, personal, non-commercial use. You must retain all copyright and other proprietary notices contained in the original Materials on any copy you make of the Materials. You may not sell or modify the Materials or reproduce, display, publicly perform, distribute or otherwise use the Materials in any way for any public or commercial purpose. The use of the Materials on any other web site or in a networked computer environment for any purpose is prohibited. Any rights not expressly granted herein are reserved.
You may not, without Plectix’s written permission, “mirror” any Materials contained in this Site on any other server.
You may not use the Site for any purpose that is unlawful or prohibited by these Terms of Use. You may not use the Site in any manner that could damage, disable, overburden or impair the Site, or interfere with any other party’s use and enjoyment of the Site. You may not attempt to gain unauthorized access to the Site through hacking, password mining or any other means.
Certain content, functions, services, materials and information made available on or accessed through the Site may be subject to additional posted guidelines and/or terms and conditions, all of which are hereby incorporated herein by reference (“Additional Terms”). The use of such content, functions, services, materials and information is conditioned on your agreement to be bound by the Additional Terms.
Plectix reserves the right, in its sole discretion, to terminate your access to the Site, or any portion thereof, at any time, for any reason or for no reason at all, without prior notice or any notice.
USER SUBMISSIONS
Plectix does not claim ownership of any information or material a user provides to Plectix or posts, uploads, inputs or submits to this Site by any means, including, without limitation, by e-mail, chat room, bulletin/message boards, blog or similar forum (“Submission”). Any Submission will be treated as non-confidential and non-proprietary, and may be disseminated or used by Plectix. By making a Submission, you automatically grant (i) to Plectix, an unrestricted, perpetual, irrevocable, worldwide, royalty-free license to use, reproduce, modify, publish, translate, display, publicly perform, create derivative works from, transmit and distribute such Submission, alone or as part of other works in any form, media or technology, whether now known or hereafter developed, and sublicense such rights through multiple tiers of sublicensees, and (ii) to other users, the right to access, view, store and reproduce the Submissions for their personal, non-commercial use.
You warrant and represent that you shall not transmit, post, upload, input or submit to this Site any Submission that is, in whole or in part, libelous, scandalous, inflammatory, discriminatory, defamatory, false, threatening, vulgar, obscene, pornographic, profane, abusive, harassing, invasive of another’s privacy, hateful or bashing, aimed at gender, race, color, sexual orientation, national origin, religious views or disability, or otherwise unlawful, or that violates or infringes on the privacy, publicity, intellectual property, proprietary or contractual rights of any third party. You further warrant and represent that you shall not impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person and/or entity or engage in any other activity deemed by Plectix to be in conflict with the spirit or intent of the Site and/or these Terms of Use.
Plectix does not represent or guarantee the truthfulness, accuracy, reliability or non-infringing nature of any information or material posted, uploaded, input or submitted to this Site by users or endorse any statements, representations or opinions expressed by users. Your reliance on information or material posted, uploaded, input or submitted to this Site by other users shall be at your own risk.
Plectix is not responsible for screening or monitoring information or material posted, uploaded, input or submitted to this Site by users. If notified by a user of information or material posted, uploaded, input or submitted to this Site allegedly in violation of these Terms of Use, Plectix may investigate the allegation and determine in good faith and its sole discretion whether to remove such information or material. Plectix shall have no liability or responsibility to users for performance or nonperformance of such activities.
Plectix reserves the right to expel users and prevent their further access to the Site for violating these Terms of Use and/or the law, and the right to remove Submissions that, in its sole discretion, Plectix deems to be in violation of these Terms of Use and/or the law.
SUGGESTIONS
By submitting ideas, testimonials, opinions, suggestions, comments or any other material to the Site (“Suggestions”), you agree that Plectix will treat such Suggestions as non-confidential, that Plectix may use such Suggestions without any compensation to you or to any other person or entity, and that Plectix may have already developed, or is in the process of developing, and is not restricted in any way from developing and marketing, products, services, functions, features or plans similar to or competitive with any described in such Suggestions.
Please keep in mind that Plectix is continuously engaged in active research and development of new products and/or services as well as improvements to its existing products and/or services. In addition, other individuals, including Plectix’s employees or contractors, may have originated and submitted to Plectix, or may in the future originate and submit to Plectix, comments, concepts, ideas or suggestions that may be similar or identical to your Suggestions.
Your submission of Suggestions to Plectix does not entitle you to any compensation or other form of consideration.
By submitting Suggestions to Plectix via the Site, you represent and agree as follows:
• Your Suggestions are submitted gratuitously and without expectation of compensation to you or any other party, and will automatically become the property of Plectix without any obligation or compensation to you or any third party.
• Plectix may use the Suggestions submitted by you for any purpose and in any way, and may provide them to third parties without any obligation or compensation to you or any third party.
• No confidential relationship will be established between you and Plectix by the submission of any Suggestions or will be implied from consideration of the submitted Suggestions; the Suggestions are not to be considered to be submitted in confidence and Plectix has no duty or obligation to hold them in confidence.
• You are not aware that your Suggestions, in whole or in part, are owned or claimed to be owned by a third party or that they, in whole or in part, infringe the patent, copyright, trademark or other intellectual property or proprietary rights of another.
• You do not rely, in submitting your Suggestions, on any expectation, understanding, prior communication or contract you believe is implied, and you understand that only the terms and conditions written in these Terms of Use apply to your online submission of any Suggestions to Plectix.
We urge you to consult with an attorney if you are unsure of whether, or how, your Suggestions may be protected by law, and before submitting any Suggestions for which you seek compensation or other form of consideration or which you seek to submit on terms and conditions other than those stated in these Terms of Use.
No joint venture, partnership, agency, or employment relationship exists or will exist between Plectix and you by virtue of your submitting any Suggestions or using this Site.
INDEMNITY
You agree to defend, indemnify, and hold harmless Plectix, its officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, arising out of or resulting from your Submissions, Suggestions, use of the Site or the Materials on the Site and/or your breach of these Terms of Use.
LINKS
This Site contains links to third-party web sites. These links are provided solely as a convenience to you and not as an endorsement by Plectix of the contents on such third party web sites. Plectix is not responsible for the content of linked third party sites and does not make any warranty or representation regarding the content or accuracy of materials on such sites. Nor does Plectix make any warranty or representation regarding, nor does it endorse, any linked third-party web sites or the information appearing thereon or any of the products or services described thereon. Links do not imply that Plectix is affiliated or associated with the linked-third-party site. If you decide to access linked third party web sites, you do so at your own risk.
PRIVACY POLICY
The Privacy Policy associated with this Site is incorporated herein by reference and is located at the Privacy section of this site.
DISCLAIMERS
THE MATERIALS MAY CONTAIN INACCURACIES AND TYPOGRAPHICAL ERRORS. PLECTIX MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE MATERIALS OR OF ANY STATEMENTS OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THE SITE, OR ABOUT THE RESULTS TO BE OBTAINED FROM USING THE SITE AND/OR SAID MATERIALS, STATEMENTS OR INFORMATION. YOU ACKNOWLEDGE THAT ANY RELIANCE ON ANY SUCH MATERIALS, STATEMENTS OR INFORMATION SHALL BE AT YOUR SOLE RISK. PLECTIX WILL NOT BE RESPONSIBLE FOR ANY LOSS, HOWEVER ARISING, FROM USE OF, OR RELIANCE ON THE MATERIALS OR OF ANY STATEMENTS OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THE SITE.
THE SITE AND MATERIALS ARE PROVIDED ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. PLECTIX DISCLAIMS ALL WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, NON INFRINGEMENT OF THIRD PARTIES’ RIGHTS AND OF FITNESS FOR PARTICULAR PURPOSE.
PLECTIX DOES NOT WARRANT THAT THE SITE WILL OPERATE ERROR FREE OR THAT DEFECTS WILL BE CORRECTED. PLECTIX RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO CORRECT ANY ERRORS OR OMISSIONS IN ANY PORTION OF THE SITE. PLECTIX MAY MAKE ANY OTHER CHANGES TO THE SITE AND THE MATERIALS AT ANY TIME WITHOUT NOTICE.
LIMITATION OF LIABILITY AND DISCLAIMER OF CONSEQUENTIAL DAMAGES
IN NO EVENT SHALL PLECTIX BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM OR RELATING TO, THE SITE, THE MATERIALS OR ANY STATEMENTS OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THE SITE, OR THE INTERNET GENERALLY, INCLUDING, WITHOUT LIMITATION, THE USE OR INABILITY TO USE THE SITE, ANY CHANGES TO OR INACCESSIBILITY OF THE SITE, DELAY, FAILURE, UNAUTHORIZED ACCESS TO OR ALTERATION OF ANY TRANSMISSION OR DATA, ANY SUBMISSIONS OR SUGGESTIONS BY USERS, OR ANY DATA OR MATERIAL FROM A THIRD PERSON ACCESSED ON OR THROUGH THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT PLECTIX IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
MISCELLANEOUS
This Site is based in the Commonwealth of Massachusetts, United States of America. Plectix makes no claims the Materials are appropriate or may be downloaded outside of the United States. Access to the Site and/or the Materials may not be legal by certain persons or in certain countries. If you access the Site from outside of the United States you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. These Terms of Use are governed by the internal substantive laws of the Commonwealth of Massachusetts, without respect to its conflict of laws principles. Sole and exclusive jurisdiction for any action or proceeding arising out of or related to these Terms of Use shall be an appropriate state or federal court located in the Commonwealth of Massachusetts. If any provision contained herein is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions set forth herein, which shall remain in full force and effect. No waiver of any term hereunder of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term. These Terms of Use constitute the entire agreement between you and Plectix with respect to the use of the Site. Any changes to these Terms of Use must be made in writing, signed by an authorized representative of Plectix to be binding on Plectix. Notwithstanding the foregoing, Plectix, at its sole discretion and without notice, may revise these Terms of Use at any time by updating this posting.
Effective Date: 1st October 2008