For the purposes of these Terms, “Affiliates” includes, without limitation, Biovica Inc.
You agree not to access the Content from insecure mobile devices, PCs or laptops, such as public internet kiosks found at airports and public libraries. You agree that you are using and will continue to use appropriate technical safeguards to secure the devices used to access the Content, including up-to-date virus protection on personal computers. You agree that you will not upload any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software, this Websites or the Content. You may access only those parts of the Websites for which you are authorized access. You will not access any part of the Websites for which you are not authorized, nor will you attempt to circumvent any access controls or other security measures incorporated within the Websites.
You are responsible for obtaining any equipment and Internet service necessary to access our Websites and for paying any fees for the equipment and service you select. We may alter, suspend, or discontinue our Websites in whole or in part, at any time and for any reason, without notice. The Websites may also periodically become unavailable due to maintenance or malfunction of computer equipment or for other reasons.
The information (including, without limitation, advice, and recommendations) and services on the Websites are intended solely as a general educational aid and are neither medical nor healthcare advice for any individual condition nor a substitute for medical or other professional advice and services from a qualified health care provider familiar with your medical history. Use of the Websites does not create a doctor-patient relationship. Nothing contained in the Websites is intended to be used for medical diagnosis or treatment.
You should not use the information found on the Websites to replace a relationship with your healthcare professional. You should not rely on that information as professional medical advice. Always seek the advice of a physician or other qualified healthcare provider concerning questions you have about a medical condition and before starting, stopping, or modifying any treatment or medication. Never delay obtaining medical advice or disregard medical advice because of something you have or have not read on the Websites.
The Content, products, and services provided through the Websites are not available to all people in all locations. Biovica does not provide information, products, and services to third parties if Biovica considers the provision to be in violation of any applicable legislation, regulation, or any law.
Use of Information Provided on the Websites
Biovica grants you a personal, non-transferable, non-exclusive right to access and use the Websites and the Content available on the Websites subject to these Terms. You may temporarily download one copy of the Content on the Websites where the Websites expressly permits or provides for downloads, and you may print pages of such Websites. As used herein, the term “Content” means all information, text, images, data, links, software, or other material accessible through the Websites, whether created by us or provided by another person for display on the Websites. Any information you obtain from using the Content is not intended to be used by you for any diagnostic or treatment purposes. The Content or your use of the Websites does not create a patient-physician relationship and should not be used as a substitute for professional diagnosis and treatment. Please consult your provider before making any healthcare decisions.
This is the grant of a license, not a transfer of title, and under this license you may not:
Modify or copy the Content;
Use the Content for any commercial purpose, or for any public display or distribution (commercial or non-commercial);
Attempt to decompile or reverse engineer any software contained on our Websites;
Use any robot, spider, site search/retrieval application, or other automated device, process, or means to access, retrieve, scrape, or index any portion of our Websites;
Frame any elements of our Websites within any other Websites;
Remove any copyright or other proprietary notations from the Content;
Obtain unauthorized access to any computer system through our Websites;
Interrupt or attempt to interrupt the operation of our Websites in any way; or
Transfer the Content to another person or “mirror” the Content on any other server.
This license, which includes without limitation all rights granted by Biovica in this Section, shall automatically terminate if you violate any of these restrictions. Further, Biovica may terminate all your rights under this Section at any time. Upon terminating your viewing of this Content or upon the termination of this license, you must destroy any downloaded Content in your possession whether in electronic or printed format.
Links to and from the Websites
Biovica has not reviewed all of the sites linked from the Websites and is not responsible for any links or content from any Biovica Websites to external Websites or the content or functionality of the external sites. You are at risk of using such sites and their content.
You are permitted to link your site to the Websites. However, you are prohibited from linking to this Websites from any third-party web site or link which contains:
any information that misrepresents the nature of your relationship with Biovica or its employees, or incorrect facts or data about our organization; or
any unlawful, defamatory, threatening, libelous, abusive, obscene, profane, vulgar, pornographic, or indecent information of any kind, including, without limitation, any content constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, provincial, national, or international law or regulation which may be damaging or detrimental to the activities, operations, credibility, or integrity of Biovica; or
any material or information which promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual, could be harmful to minors, harasses or advocates harassment of another person, provides material that exploits people or animals in a sexual or violent manner, provides instructional information about illegal activities, including, without limitation, the making or buying of drugs or weapons; or
any information, software or other material which violates or infringes upon the rights of others, including material which is an invasion of privacy or publicity rights, or which is protected by intellectual property rights.
We reserve the right to prohibit or refuse to accept any link to the web site, including, without limitation, any link which contains or makes available any content of the foregoing nature, at any time.
Limitation of Liability
Content available through the Websites is intended solely as general information and does not constitute advice or recommendations. There may be a risk that the information is not exhaustive or updated. There may also be a risk that the information contains misprints and technical shortcomings. It is the responsibility of the user to evaluate the accuracy of the information available on the Websites. The user will use the information on the Websites at their own risk in relation to their own use and towards third parties.
Biovica will do its best to assure, but cannot guarantee, that the Websites are free of viruses or are subject to an attack or intrusion by a third party. You are therefore requested, for your own sake, to take appropriate security measures and use virus scanners prior to downloading any kind of information, software, or documentation. Biovica is not responsible for any damage caused directly or indirectly by using the Websites.
Intellectual Property Rights
All Content contained on the Websites is the sole and exclusive property of Biovica and its Affiliates, and is protected from unauthorized copying and dissemination by United States copyright law, trademark law, international conventions, and other intellectual property laws. The service marks and trademarks of Biovica and its Affiliates, including without limitation “Biovica”, and the Biovica and its Affiliates’ logos, are trademarks and service marks owned by Biovica or its Affiliates. Any other trademarks, service marks, logos, and/or trade names appearing via a Websites are the property of their respective owners. You may not copy or use any of these marks, logos, or trade names without the express prior written consent of the owner. If you provide us with any suggestions for improvements to our Websites or relating to any prospective products or services, you hereby grant to us a non-exclusive, irrevocable, perpetual, transferable, sublicensable (through one or more tiers) license to copy, use, and modify such suggestions and to make, have made, use, import, offer to sell and sell any products or services incorporating such suggestions.
THE CONTENT ON OUR WEBSITES IS PROVIDED “AS IS.” BIOVICA, ITS AFFILIATES AND SUPPLIERS AND LICENSORS MAKE NO WARRANTIES, EXPRESSED, OR IMPLIED, AND HEREBY DISCLAIM AND NEGATE ALL OTHER WARRANTIES, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR OTHER VIOLATION OF RIGHTS. FURTHER, BIOVICA, ITS AFFILIATES AND SUPPLIERS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS CONCERNING THE ACCURACY, LIKELY RESULTS, OR RELIABILITY OF THE USE OF THE CONTENT ON OUR WEBSITES OR OTHERWISE RELATING TO SUCH CONTENT OR ON ANY SITES LINKED TO THE WEBSITES. BIOVICA DOES NOT WARRANT THAT (A) THE FUNCTIONS OR SERVICES (INCLUDING BUT NOT LIMITED TO MECHANISMS FOR THE DOWNLOADING OF CONTENT) PROVIDED BY THE WEBSITES WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS OR THAT (B) THE WEBSITES OR THE SERVER(S) THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
By accessing or using the Websites or any Content available through the Websites, You agree to indemnify, defend, and hold harmless Biovica and its Affiliates and each of their suppliers, commercial partners, and their respective affiliates, employees, officers, directors, agents, and representatives of each from any liability, loss, claim, suit, damage, and expense (including reasonable attorneys´ fees and expenses) related to:
your violation of these terms and conditions; or
your use of the Websites or any Content.
IN NO EVENT SHALL BIOVICA, ITS AFFILIATES, ITS SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF DATA OR PROFIT, OR DUE TO BUSINESS INTERRUPTION) ARISING OUT OF THE USE OR INABILITY TO USE THE CONTENT ON OUR WEBSITES, EVEN IF WE OR ANY BIOVICA-AUTHORIZED REPRESENTATIVE HAS BEEN NOTIFIED ORALLY OR IN WRITING OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT PERMIT CERTAIN LIMITATIONS OR DISCLAIMERS OF LIABILITY, THESE LIMITATIONS MAY NOT APPLY TO YOU.
Revisions and Errors
The Content could include technical, typographical, photographic errors, or other inadvertent errors or inaccuracies. We reserve the right, but without obligation, to make changes to document names and content or to otherwise update or revise the Websites from time to time, though we are not obligated to do so. Biovica does not warrant that any of the Content on its Websites are accurate, complete, or current.
Communications with Us
We cannot guarantee the confidentiality of any communication or material transmitted to us via the Websites or e-mail. Accordingly, we suggest that you use caution when transmitting any information to us via such means. For example, you should not include confidential information about you (such as your Social Security number) or information about your health status, in any e-mail that you send to us. We hereby expressly disclaim any liability for damages resulting from third-party interception of your communications with us via the Websites or via electronic mail. If you choose to send us any information via the Websites or via e-mail, you do so solely at your own risk.
Our Websites are based in Sweden and the United States, and operate under Swedish and United States Law. We make no representation that information provided by the Websites is appropriate or available for use outside Sweden or the United States or complies with laws outside of these countries. If you are located outside of Sweden or the United States, the information we collect may be transferred to and processed in Sweden and the United States and in other countries where the privacy laws may not be the same as the laws where you reside. Those who choose to access the Websites from outside Sweden and the United States do so on their own initiative and at their own risk and are responsible for compliance with all applicable laws and regulations outside Sweden and the United States.
We reserve the right to change these Terms from time to time for any reason, which shall be effected by posting of the updated Terms to our Websites; provided that any such changes shall only apply to your use of the Websites after the date of such change unless you expressly accept retroactive application of such changes, via a click-through or signed agreement or otherwise. By using the Websites you are agreeing to be bound by the then current version of these Terms.
Governing Law; Enforcement
Any claim relating to our Websites, or your interactions with us through the Websites, shall be governed by the laws of Sweden, or the State of California if you are accessing the Websites from the United States, without giving effect to any of its provisions that would cause the laws of another jurisdiction to apply.
If you reside outside of the United States, all disputes arising out of or relating to these Terms shall be submitted to the competent courts of Stockholm and the governing law shall be Swedish.
If you reside in the United States, all disputes arising out of or relating to these Terms shall be finally resolved by arbitration conducted in the English language in San Diego, California under the commercial arbitration rules of the American Arbitration Association. The parties shall appoint as sole arbitrator a retired judge who presided in the State of California. The parties shall bear equally the cost of the arbitration (except that the prevailing party shall be entitled to an award of reasonable attorneys’ fees incurred in connection with the arbitration in such an amount as may be determined by the arbitrator). All decisions of the arbitrator shall be final and binding on both parties and enforceable in any court of competent jurisdiction. Notwithstanding the foregoing, Biovica shall be entitled to seek injunctive relief, security, or other equitable remedies from federal and state courts located in the State of California or any other court of competent jurisdiction. Under no circumstances shall the arbitrator be authorized to award punitive damages, including but not limited to federal or state statutes permitting multiple or punitive damage awards, or any other damages prohibited by these Terms; any purported award of such damages shall be beyond the arbitrator’s authority, void, and unenforceable.
You will comply with all applicable export laws, restrictions, and regulations of any European Union, United States or foreign agency or authority and will not export or re-export, or allow the export or re-export, of any product, technology, or information obtained or acquired in connection with the Websites in violation of any such laws, restrictions or regulations.
By accessing this Websites and the Content, you acknowledge and agree that you are at least thirteen (13) years of age. Access to the Websites or Content may not be legal by certain persons, or in certain jurisdictions. You assume full responsibility for complying with the laws, rules, and regulations of your jurisdiction. These Terms will not be governed by the United Nations Convention on Contracts for the International Sale of Goods.
This Websites may contain forward-looking statements based on current assumptions and forecasts made by Biovica management. Various known and unknown risks, uncertainties and other factors could lead to material differences between the actual future results, financial situation, development or performance of the company and the estimates given here. These factors include those discussed in Biovica’s public reports which are available on the Biovica website at www.biovica.com The company assumes no liability whatsoever to update these forward-looking statements or to conform them to future events or developments.
You may not assign or transfer these Terms in whole or in part to any third party without the prior written consent of Biovica. These Terms shall bind, and inure to the benefit of, the parties and their respective successors, permitted transferees, and permitted assigns. Biovica and you are independent contractors and are not partners, joint venturers, agents, employees, or representatives of the other party. These Terms contain the entire understanding of the parties with respect to the transactions and matters contemplated hereby, supersede all previous communications, understandings, and agreements (whether oral or written) other than any click-through or end-user license agreement provided by Biovica, and cannot be amended except by a writing signed by both parties or by Biovica’s posting of an amended version of these Terms on the Websites. The headings and captions used in these Terms are used for convenience only and are not to be considered in construing or interpreting these Terms. If any part of these Terms is held to be unlawful, void, or unenforceable, that part will be deemed severable and shall not affect the validity and enforceability of the remaining provisions. These Terms shall continue to apply with respect to any access or use you have made of our Websites even after such access or use terminates. If you have any questions about these Terms, please contact firstname.lastname@example.org.
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