Terms and Conditions for Use of the Helomics Website
The information on this website is provided solely on an "AS IS" and "AS AVAILABLE" basis. Helomics is not engaged in rendering investment or medical advice via this website, nor does it provide instruction on the appropriate use of products produced, supplied or under development by Helomics , its affiliates, related companies or its licensors or joint venture partners. Access and use of the Helomics website is subject to the terms and conditions set forth herein and all applicable laws, statutes and/or regulations. Helomics does not, by or through this website, offer for sale any products or services. ChemoFx, BioSpeciFx, GeneFx and other Helomics ’ products are diagnostic tests that can only be ordered by an authorized healthcare provider.
Helomics may revise or modify these Terms from time to time. Such changes, revisions or modifications shall be effective immediately upon notice to you, which may be given by any means, including, without limitation, posting on the Helomics website. If you disagree with the Terms, your sole remedy is to discontinue your use of this Website. Any use of this website by you after such notice shall be deemed to constitute acceptance of the changes.
Helomics will use reasonable efforts to include accurate and up-to-date information on the Helomics website, however, any information presented on the website as of a particular date may only be accurate as of such date and Helomics disclaims any responsibility to update such information. Information about companies other than Helomics contained in news, press releases or otherwise that are posted on the website should not be relied upon as being provided or endorsed by Helomics .
You must exercise caution, good sense and sound judgment in using this Website. You are prohibited from violating, or attempting to violate, the security of this Website. Any such violations may result in criminal and/or civil penalties against you. Helomics will investigate any alleged or suspected violations and if a criminal violation is suspected, we will cooperate with law enforcement agencies in their investigations.
In using this Site, you agree not to:
• Send or otherwise transmit to or through this Website or to us through email any unlawful, infringing, harmful, harassing, defamatory, threatening, hateful or otherwise objectionable material of any kind, any material that can cause harm or delay to this Website or computers of any kind, and any unsolicited advertising, solicitation or promotional materials;
• Misrepresent your identity or affiliation in any way;
• Use this Website to disclose or obtain another's personal information, or collect information about users of this Website;
• Gain unauthorized access to this Website, or assist others to gain unauthorized access, or to disclose users’ names or personally identifiable information, or to gain or provide unauthorized access to other computers or websites connected or linked to this Website;
• Launch or use any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that access this Website in a manner that sends more request messages to our servers in a given period of time than a human can reasonably produce in the same period by using a conventional web browser;
• Send or otherwise transmit to or through this Website or to us through email chain letters, unsolicited messages, so-called “spamming” or “phishing” messages, messages marketing or advertising goods and services;
• Transmit or otherwise make available any virus, worm, spyware or any other computer code, file or program that may or is intended to damage or hijack the operation of any hardware, software or telecommunications equipment;
• Violate any applicable laws or regulations or these Terms;
• Assist or permit any persons in engaging in any of the activities described above.
ALL CONTENT ON THIS WEBSITE IS PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, HELOMICS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY AND NON-INFRINGEMENT. Helomics makes no warranty as to the accuracy, completeness, currency or reliability of any content available through this website. You are responsible for verifying any information before relying on it. Use of the website and the content available on the website is at your sole risk. Helomics makes no representations or warranties that use of the website will be uninterrupted or error-free. You are responsible for taking all necessary precautions to ensure that any content you obtain from the website is free of viruses.
HELOMICS SHALL NOT BE HELD RESPONSIBLE FOR ANY ACTION TAKEN THAT IS BASED ON THE INFORMATION PRESENTED ON THE HELOMICS WEBSITE. HELOMICS EXPRESSLY DISCLAIMS ANY LIABILITY, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE WEBSITE, EVEN IF HELOMICS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING BUT NOT LIMITED TO RELIANCE BY ANY PARTY ON ANY CONTENT OBTAINED THROUGH THE USE OF THE WEBSITE, THE INABILITY TO USE THE WEBSITE OR ANY ERRORS OF OMISSIONS IN THE CONTENT OF THE WEBSITE.
You agree to indemnify, defend and hold Helomics and its directors, officers, employees, agents and contractors harmless from and against any and all claims, damages, losses, costs (including without limitation reasonable attorneys’ fees) or other expenses that arise directly or indirectly out of or from (i) your breach of any provision of these Terms; or (ii) your activities in connection with this Website.
By submitting any communication or material to Helomics , you agree that: (1) if you are a healthcare professional you will not submit any information that would directly identify a patient or any information for which you do not have all necessary consents or authorizations to disclose; (2) you will only submit content that complies with applicable law and will not submit content that is abusive, defamatory, obscene, infringing, threatening, repetitive or otherwise inappropriate or that contains any viruses or other software that may adversely affect the operation of another's computer; (3) such content will be deemed non-confidential; and (4) you grant to Helomics a perpetual, worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, modify, publish, perform, transmit, distribute, prepare derivative works of and display such content via any media in accordance with Helomics 's Privacy Statement, and waive any moral rights you may have in such content.
Subject to Helomics 's Privacy Statement, Helomics shall be free to use such content, including any ideas, concepts, know-how or techniques contained in such content, for any reason.
It is the policy of Helomics to enforce its intellectual property rights to the fullest extent permitted by law. All product names, regardless of whether or not they appear in large print or with a trademark symbol, are the trademarks and service marks of Helomics , its affiliates, related companies or its licensors or joint venture partners, unless otherwise noted. All content of the Helomics website, including any images or text, is protected by U.S. and foreign copyright laws and may not be distributed, downloaded, modified, reused, reposted or otherwise used except that you may view, use and download a single copy of this website for your informational, non-commercial use. Except as provided herein, no part of any content or software on this website may be copied, downloaded or stored in a retrieval system for any other purpose, nor may it be redistributed for any purpose, without the express written permission of Helomics . The use or misuse of Helomics 's trademarks, service marks copyrights or other materials, except as permitted herein, is expressly prohibited and may be a violation of copyright law, trademark law, communications regulations and statutes and other laws, statutes and/or regulations.
This Site is controlled and operated by Helomics , Inc. Helomics makes no representation that materials in the Website are appropriate or available for use in all locations worldwide. You are solely responsible for compliance with local laws, if and to the extent local laws are applicable. Access to this Website from jurisdictions where the contents of this Website are illegal or penalized is prohibited.
Helomics may terminate your use of this Website or any of our features or services at any time and for any reason without notice for conduct violating these Terms. Upon any such termination, you must destroy all content obtained from this Website and all copies thereof. The provisions of these Terms concerning Website security, prohibited activities, copyrights, trademarks, user submissions, disclaimer, limitation of liability, indemnity and jurisdictional issues shall survive any such termination. You agree that if your use of this Website is terminated pursuant to these Terms, you will not attempt to use this Website under any name, real or assumed, and further agree that if you violate this restriction after being terminated, you indemnify and hold us harmless from any and all liability that we may incur therefore.
Helomics reserves the right to seek all remedies available at law and in equity for violations of these terms and conditions for using the Helomics website, including the right to block access from a particular Internet address to the website.
By choosing to visit this Website or otherwise provide information to Helomics , you agree that any dispute over your use of this Site or these Terms will be governed by the laws of the State of California and the United States of America. You also consent to the adjudication of any disputes arising in connection with our Site in the federal and state courts of San Mateo County in the State of California. You also agree to attempt to mediate any such dispute and to abide by all limitations of liability contained herein.
If any provision of these Terms is unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
This website may contain forward-looking information. Such information is subject to a variety of significant uncertainties, including scientific, business, economic and financial factors, and therefore actual results may differ significantly from those presented.
Links to third-party websites or pages are provided for convenience only. We do not express any opinion on the content of any third party pages and expressly disclaim liability for all third party information and the use of it.
Helomics 's Privacy Statement ("Privacy Statement"), as it may change from time to time, is a part of these terms and conditions for using the Helomics website and is incorporated herein by this reference. Helomics reserves the right, and you authorize Helomics , to the use and assignment of all information regarding your use of this website and all information provided by you in any manner consistent with Helomics 's Privacy Statement.