Grant of License. AxoGen grants to you a personal, revocable, nonexclusive, nontransferable license to use this Site conditioned on your continued compliance with this Agreement. Limited portions of the content on the Site may be accessed, printed and downloaded by AxoGen’s clients, potential clients, and members of the public on an occasional basis for their own internal use. You may not under any circumstances copy, print or download in any medium all or substantially all of the entire content of the site. Unless and except as otherwise expressly permitted by this Agreement, you may not modify, create derivatives of, copy, post, distribute, broadcast, transmit, reproduce, publish, license, transfer, sell, mirror, frame, “deep link,” “scrape,” data mine, or otherwise use any information or material obtained from or through this Site. Further, you may not post any content from the Site to forums, newsgroups, list servers, mailing lists, electronic bulletin boards, or other web sites, without the prior written consent of AxoGen, which AxoGen may withhold in its sole discretion.
|
|
Permission Requests. For information on obtaining permission to use any copyrighted materials beyond the uses permitted by Paragraph 1 above, please contact Customer Service at: Customerservice@AxoGenInc.com.
Privacy Policy. Please see AxoGen Web Site Privacy Policy for a summary of AxoGen’s personal data collection and use practices with respect to the Site. By using this Site, you consent to AxoGen collection and use of personal data as outlined in AxoGen’s privacy policy.
Assumption of Risk. You use the Internet solely at your own risk and subject to all applicable local, state, national, and international laws and regulations. Although AxoGen has endeavored to create a secure and reliable Site, the confidentiality of any communication or material transmitted to/from this Site over the Internet cannot be guaranteed. Accordingly, AxoGen is not responsible for the security of any information transmitted via the Internet, the accuracy of the information contained on the Site, or for the consequences of any reliance on such information. AxoGen shall have no liability for interruptions or omissions in Internet, network or hosting services. You assume the sole and complete risk of using this Site.
Enforcing Security. Actual or attempted unauthorized use of the Site may result in criminal and/or civil prosecution. For your protection, AxoGen reserves the right to view, monitor, and record activity on the Site without notice or further permission from you. Any information obtained by monitoring, reviewing, or recording is subject to review by law enforcement organizations in connection with the investigation or prosecution of possible criminal activity on the Site. AxoGen will also comply with all court orders involving requests for such information.
Links to Other Sites. AxoGen may describe, reference, or provide links, in its sole discretion, to other information or products or sites on the World Wide Web for your convenience in locating related information and services. Any descriptions of, references to, or links to other products, publications or services does not imply endorsements of any kind, unless expressly stated by AxoGen. Any such information, products or sites have not necessarily been reviewed by AxoGen and are provided or maintained by third parties over which AxoGen exercises no control. In addition, to the extent that they were reviewed by AxoGen, AxoGen undertakes no responsibility for continually monitoring such sites; the material at a site when AxoGen viewed it may differ materially than when you do. Accordingly, AxoGen expressly disclaims any responsibility for the content, the accuracy of the information, and/or quality of products or services provided by or advertised on these third-party sites.
Events Beyond AxoGen’s Control. You expressly absolve and release AxoGen from any claim of harm resulting from a cause beyond its control including, but not limited to, the failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses or software failures, unauthorized access, theft, operator errors, severe weather, earthquakes, or natural disasters, strikes or other labor problems, wars, terrorism or governmental restrictions.
DISCLAIMERS. AXOGEN PROVIDES THIS SITE AND ALL OF ITS CONTENT ON AN "AS IS" BASIS AND WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND. AXOGEN MAKES NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, TO YOU OR ANY OTHER PERSON OR ENTITY AS TO THE ACCURACY, RESULTS, TIMELINESS, COMPLETENESS, MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR ANY PARTICULAR PURPOSE WITH RESPECT TO THE SITE OR ANY OF ITS CONTENT. FURTHER, THE INFORMATION AVAILABLE ON THIS SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. AXOGEN MAY MAKE MODIFICATIONS AND/OR CHANGES IN THIS SITE OR IN THE INFORMATION, MATERIALS, PRODUCTS, AND SERVICES DESCRIBED IN THIS SITE AT ANY TIME, FOR ANY REASON. YOU ASSUME THE SOLE RISK OF MAKING USE OF THIS SITE AND THE CONTENT IT PROVIDES.
UNDER NO CIRCUMSTANCES WILL AXOGEN BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING FROM YOUR ACCESS OR USE OF THIS SITE OR THE CONTENT IT PROVIDES, INCLUDING, BUT NOT LIMITED TO, COMPENSATION, REIMBURSEMENT OR DAMAGES ON ACCOUNT OF THE LOSS OF PRESENT OR PROSPECTIVE PROFITS, EXPENDITURES, INVESTMENTS OR COMMITMENTS, WHETHER MADE IN THE ESTABLISHMENT, DEVELOPMENT OR MAINTENANCE OF BUSINESS REPUTATION OR GOODWILL, FOR LOSS OF DATA, COST OF SUBSTITUTE MATERIALS, PRODUCTS, SERVICES OR INFORMATION, COST OF CAPITAL, AND THE CLAIMS OF ANY THIRD PARTY, OR FOR ANY OTHER REASON WHATSOEVER, EVEN IF AXOGEN HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
TO THE EXTENT PERMITTED BY LAW, AXOGEN DISCLAIMS LIABILITY FOR ANY DIRECT DAMAGES BASED ON YOUR ACCESS OR USE OF THE SITE AND ITS CONTENT.
IN ANY EVENT, THE AGGREGATE LIABILITY OF AXOGEN FOR ANY REASON WHATSOEVER RELATED TO USE OF THIS SITE AND ITS CONTENT SHALL NOT EXCEED $50.00.
Indemnity. You agree to indemnify and hold harmless AxoGen, its affiliates, related companies, and all of their officers, directors, employees, shareholders, legal representatives, attorneys, agents, successors and assigns, from and against any damages, liabilities, costs and expenses (including reasonable attorneys’ and professionals’ fees and court costs) arising out of any third-party claims based on or related to your use of this Site or any breach by you of these Terms and Conditions.
Submissions. AxoGen also welcomes your feedback and suggestions about how to improve this Site. Any ideas, suggestions, information, know-how, material, or any other content (collectively, “Submissions”) received through this Site, however, will be deemed to include a royalty-free, perpetual, irrevocable, nonexclusive right and license for AxoGen to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works of, display (in whole or part) worldwide, or act on such Submissions without additional approval or consideration, in any form, media, or technology now known or later developed for the full term of any rights that may exist in such Submissions. You expressly acknowledge and agree that you waive any claim to the contrary.
Governing Law and Forum. This policy shall be governed by the laws of the State of Florida, without regard to conflicts of law rules, and the exclusive jurisdiction and venue for any dispute shall be Alachua, Florida. You agree to submit to the jurisdiction of the state and federal courts in Florida for the purposes of any judicial proceedings relating to or arising from this Agreement.
Term, Termination, Amendments. AxoGen reserves the right at any time and for any reason to deny you access to the Site or any portion thereof, and to terminate this Agreement. Termination will be effective without notice. Please note that AxoGen reserves the right to change the Terms and Conditions under which this Site is made available to you, upon notice, which may be given by AxoGen posting such modifications on the Site, by email, or any other reasonable way. Your continued access or use of this Site following notice of such modifications will be conclusively deemed acceptance of any changes to this Agreement. You agree that notice of changes to this Agreement posted on the Site, delivered by email, or provided in any other reasonable way, constitutes reasonable and sufficient notice.
Waiver. Failure to insist on strict performance of any of the Terms and Conditions of this Agreement will not operate as a waiver of any subsequent default or failure of performance. No waiver by AxoGen of any right under this Agreement will be deemed to be either a waiver of any other right or provision or a waiver of that same right or provision at any other time.
Nature of Relationship/Severability. No joint venture, partnership, employment, or agency relationship exists between you and AxoGen as a result of this Agreement or your use of this Site. If any provision of this Agreement is held unenforceable by a court or tribunal of competent jurisdiction, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of this Agreement shall continue in full force and effect.
|
