1. Acceptance. Welcome to the OncoGenerix USA, Inc. Web site (the “Website”). The Website is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms and Conditions”). Please read these Terms and Conditions before accessing or using this Website. OncoGenerix USA, Inc., the owner of the Website, may, at any time and from time to time, modify these Terms and Conditions at our own discretion and without prior notice to you. Any such modifications will be effective immediately upon posting of the modified Terms and Conditions on the Website. If you do not agree to all of these Terms and Conditions, you may not access or use the Website. By accessing or using the Website, you agree to be legally bound by these Terms and Conditions. The term “OncoGenerix” “us,” “we,” or “our” refers to OncoGenerix USA, Inc., the owner of the Website. The term “you” or “your” refers to the user or viewer of this Website.
2. Use of Website Information. The text, graphic depictions, artwork, and code (collectively, the “Information“) published on this Website are the property of OncoGenerix, unless designated otherwise, and may contain OncoGenerix’s proprietary information and/or information protected by applicable intellectual property laws. Except as provided in this paragraph, no license or right, express or implied, is granted to you by your use of the Website. OncoGenerix grants you a limited right to use the Information for general informational, educational, and non-commercial personal purposes only. You may not distribute, modify, transmit, reuse, or repost the Information without written permission of OncoGenerix, which may be withheld in its sole and absolute discretion. None of the Information may be used in any advertising or publicity, or otherwise to indicate OncoGenerix’s affiliation with, or sponsorship of, any product or service without OncoGenerix’s prior express written consent.
3. Website Content. The Information contained on this Website may contain general information relating to various medical conditions and their treatment. Nothing on this Website should be construed, taken, or interpreted as medical advice, diagnosis of medical conditions, treatment recommendations, referrals to health care professionals, endorsements of health care products, or any other recommendations. OncoGenerix does not offer personalized medical diagnosis or patient-specific treatment advice. The science behind the significance or interpretation of certain medical research continues to evolve. Although great strides have been made to advance the potential usefulness of specific medical treatments, there is still much to be discovered. Medical treatment is based upon information, developments and testing techniques that are known today. Future research may reveal changes in the treatment of specific medical conditions. Your use of the Website and the Information should not be relied upon as a substitute for consultation with your doctor or other qualified health care professionals. Individuals should always consult with their physician or other qualified healthcare provider about questions concerning a medical condition, and before starting, stopping, or modifying any treatment or medication. Should you have a medical condition, promptly see your own medical doctor or health care provider.
4. No Representation or Warranty. All Information is provided “AS IS” and without warranty of any kind, express or implied. While OncoGenerix will make reasonable attempts to keep the Information up-to-date, the science and knowledge in the medical industry area changes quickly, and the Information should not be considered error-free or as a comprehensive source of all information on a given topic. ONCOGENERIX MAKES NO WARRANTIES OR REPRESENTATIONS, DIRECTLY OR INDIRECTLY, AS TO THE ACCURACY OF THE INFORMATION, AND ASSUMES NO RESPONSIBILITY FOR ANY CONSEQUENCES RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED UPON THE CONTENTS OF THE INFORMATION. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, IN GRANTING YOU ACCESS TO THE WEBSITE, ONCOGENERIX DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES RELATING TO THE INFORMATION, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ADDITIONALLY, ONCOGENERIX DOES NOT WARRANT THAT THE WEBSITE SITE, ITS SERVERS, OR E-MAILS SENT FROM ONCOGENERIX ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT YOUR USE OF THE INFORMATION WILL NOT INFRINGE ON THE INTELLECTUAL OR PROPRIETARY RIGHTS OF THIRD PARTIES NOT AFFILIATED WITH ONCOGENERIX.
5. Disclaimer of Liability. YOU ASSUME THE ENTIRE RISK OF LOSS IN USING THIS WEBSITE AS WELL AS RELYING ON THE INFORMATION. IN NO EVENT SHALL ONCOGENERIX BE LIABLE OR RESPONSIBLE FOR ANY DAMAGES YOU INCUR OR MAY INCUR WHATSOEVER, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, ARISING FROM (A) YOUR USE OF (OR INABILITY TO USE OR ACCESS) THE WEBSITE, (B) YOUR RELIANCE ON THE INFORMATION, OR (C) THE ACCURACY, COMPLETENESS, OR USEFULNESS OF THE INFORMATION.
6. Indemnification. YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS ONCOGENERIX AND ITS OWNERS, OFFICERS, EMPLOYEES, DIRECTORS, AFFILIATES, REPRESENTATIVES, AND AGENTS FROM ALL CLAIMS, LOSSES, EXPENSES, DAMAGES, AND COSTS, INCLUDING REASONABLE ATTORNEYS’ FEES, RESULTING FROM OR RELATED TO YOUR USE OR MIsuse of the Website, THE INFORMATION, OR ANY violation by you of these Terms and Conditions.
7. Third Party Websites. This Website may contain links or references to other web sites maintained by third parties over whom OncoGenerix has no control. Such links are provided merely as a convenience. Similarly, this Website may be accessed from third party links over which OncoGenerix has no control. Links from this Website to non-OncoGenerix sites do not constitute an endorsement or referral of the non-OncoGenerix sites. ONCOGENERIX MAKES NO REPRESENTATIONS OR CLAIMS OF ANY KIND AS TO THE ACCURACY, CURRENCY, OR COMPLETENESS OF ANY INFORMATION OR MATERIALS PROVIDED BY SUCH NON-ONCOGENERIX WEBSITES, AND SPECIFICALLY DISCLAIMS ANY WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
8. Privacy. The following discloses our information gathering and dissemination practices for the Website.
8.1.1. Understand traffic patterns and the number of visitors to the Website;
8.1.2. Understand how you use and interact with the Website;
8.1.3. Improve our products and services;
8.1.4. Optimize your experience on our Website;
8.1.5. Provide you relevant advertising and content; and
8.1.6. Properly manage our Website and services provided in connection therewith.
8.2. Non-Confidential Information. Any communication or other material that you send to us through the Website, or by any other means whatsoever, will be deemed non-confidential. OncoGenerix will have no obligation to you with respect to such non-confidential information. OncoGenerix shall be free to use, without compensation to you, any ideas, concepts, know-how, or techniques contained in such communication for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products using such non-confidential information.
8.3. Third Party Website Data Collection. These Terms and Conditions, and OncoGenerix’s procedures for collecting information on the Website, do not apply to any other websites that you may be able to access from the Website, each of which may have data collection, storage, and use practices and policies that differ materially from these Terms and Conditions. If you visit any third party websites, please review their policies carefully because they may differ substantially from these Terms and Conditions. We are not responsible for the policies or practices of any third party. Other companies’ use of their cookies is subject to their own privacy policies, not these Terms and Conditions.
8.4. Security. We use industry standard security measures (such as a firewall and password protections) to protect against the loss, misuse, and alteration of the information under OncoGenerix’s control, including, without limitation, information collected from the Website. Notwithstanding such measures, OncoGenerix cannot guarantee that its security measures will prevent its computers from being illegally accessed, and information in OncoGenerix’s control may be stolen or altered.
8.5. Unanticipated Uses. Additionally, from time to time, we may use information collected from the Website for new, unanticipated uses not previously disclosed in these Terms and Conditions. If our information practices change at some time in the future we will only use data collected from the time of the policy change forward for these new purposes.
8.6. Other Uses. We also collect information as we deem reasonably necessary for tracking and verifying compliance with federal, state, and local laws. We may disclose information obtained from the Website in response to a court order when we reasonably believe we are required to do so by law and/or whenever we deem it appropriate or necessary to give such information to law enforcement authorities. Additionally, we reserve the right to transfer information obtained from the Website to a successor in interest that acquires rights to the information as a result of the sale of OncoGenerix, a division of OncoGenerix, or some or all of the assets of OncoGenerix. Please note that we will not provide you with notice prior to disclosure in such cases.
9. Term. These Terms and Conditions are effective from the date of posting on the Website through OncoGenerix’s termination of these Terms and Conditions at any time in its sole and absolute discretion.
10. Applicable Law. These Terms and Conditions and your use of the Website shall be governed by the laws of the State of California, United States without regard to its conflicts of laws principles. Although the information on this website is accessible to users throughout the world, other countries may have laws, regulatory requirements, and medical practices that differ from those in the State of California. OncoGenerix makes no guarantee that the Information is correct worldwide or otherwise. OncoGenerix reserves the right to limit provision of its services or access to its Website to any person, geographic region, or jurisdiction. Any offer for any product or service made on this Website is void where prohibited.
11. Submission to Jurisdiction. All disputes between OncoGenerix and you arising under these Terms and Conditions shall be decided by the State or Federal Courts located in San Diego, California, United States.
12. Injunctive Relief. To the extent you have in any manner violated or threatened to violate OncoGenerix’s intellectual property rights, proprietary information, trade secrets, or these Terms and Conditions, OncoGenerix may seek injunctive or other appropriate relief in the State or Federal Courts located in San Diego, California, United States.
13. Severability. If any provision in these Terms and Conditions is held to be unlawful, void, or unenforceable, then such provision shall be severable without affecting the enforceability of all remaining provisions.
14. Attorney’s Fees. In the event any litigation or other proceeding (a “Proceeding”) is initiated by OncoGenerix or you to enforce, interpret, or otherwise obtain judicial or quasi-judicial relief in connection with these Terms and Conditions, the prevailing party in such Proceeding will be entitled to recover from the other party all costs, expenses, actual attorney’s and expert witness fees, relating to or arising out of such Proceeding (whether or not such Proceeding proceeds to judgment).