2. Copyright. The content, organization, graphics, design, compilation, digital conversion and other matters related to the Site are protected under applicable copyrights, trademarks and other proprietary (including, but not limited to, intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or any part or aspect of the Site, except in the limited circumstances discussed in Section 4 below, is strictly prohibited. You do not acquire any ownership rights to the content viewed through the Site. The posting of content on the Site does not constitute a waiver of any right in said content, as some of the content on the Site may be the copyrighted work of third parties. We respect the intellectual property rights of others and require that our users do the same. If you believe that any content available on our Site or any other activity taking place on the Site constitutes infringement of a work protected by a copyright law, please notify our agent, designated under the Digital Millennium Copyright Act (17 U.S.C. § 512) (the “DMCA”) to respond to such concerns, Your notice must comply with the DMCA. Upon receipt of a proper notice, we will respond and proceed in accordance with the DMCA.
3. Service Marks. “Osteal Therapeutics”, “Osteal”, and others are our service marks or registered service marks or trademarks. Other product and company names, graphics, logos, icons, designs, words, titles or phrases displayed on the Site may be the service marks or trademarks of their respective owners, used by us with their permission, and their display on our Site does not imply that a license of any kind has been granted.
4. Limited License and Permitted Uses. By agreeing to the terms of this Agreement, you are being granted a non-exclusive, non-transferable, revocable license to: (i) access and use the Site strictly in accordance with the terms of this Agreement; (ii) use the Site for personal, non-commercial purposes; and (iii) print out information from the Site solely for personal, non-commercial purposes, provided that you comply with and maintain all copyright and other policies contained therein.
6. Linking to the Site. You may provide links to the Site, provided that: (i) you do not remove or obscure, by framing or otherwise, advertisements, the copyright notice, this Agreement or any other notices on the Site; (ii) your site does not engage in any illegal, vulgar or pornographic activities; and (iii) you discontinue providing links to our Site immediately upon request by us.
7. Registration. Certain sections of and offerings from the Site may require you to register. If registration is requested, you agree to provide us with accurate, complete registration information. Each registration is for your personal use only. You are solely responsible for preventing the unauthorized use of your personal registration, including any username or password provided to you by us, by (a) any other person using the registered sections under your name, or (b) access being provided to multiple users on a network under one registration. All information to which you have access through any password-protected section of the Site shall be treated as strictly confidential by you.
8. Errors, Corrections and Changes. We make no representations or warranties regarding the following: (i) that the Site will be error-free, free of viruses or other harmful components; (ii) that Site defects will be corrected; or (iii) that the information available on or through the Site will be correct, accurate, timely or otherwise reliable. We may make changes to the features, functionality or content of the Site at any time. We reserve the right, in our sole and absolute discretion, to edit or delete any documents, information or other content appearing on the Site, for any reason whatsoever.
9. Third-Party Content. Third-party content may appear on the Site or may be accessible via links from the Site. Such links to third-party sites or content are for your convenience only and you access them at your own risk. We are not responsible for and assume no liability for any mistakes, misstatements, defamatory content, omissions, falsehoods, or any obscene, pornographic or profane content in the statements, opinions, representations or any other form of content on the Site. You understand that the information and opinions in the third-party content represent solely the thoughts of the author and are neither endorsed by nor reflective of our beliefs.
10. Unlawful Activity. We reserve the right to investigate complaints or reported violations of this Agreement and to take any action we deem appropriate, including, without limitation, reporting any suspected unlawful activity to law enforcement officials, regulators or other third-parties persons, agencies or entities and disclosing any information necessary or appropriate to such persons, agencies or entities relating to your profile, e-mail address, usage history, posted materials, IP address and Site traffic information.
11. Indemnification. By agreeing to the terms of this Agreement, you hereby agree to indemnify, defend and hold us and our partners, agents, officers, directors, employees, subcontractors, successors, assigns, third-party suppliers, advertisers, product and service providers, and affiliates (collectively, the “Affiliated Parties”) harmless from any liability, loss, claim, injury and expense related to your violation of this Agreement or your use of the Site.
THE INFORMATION AND CONTENT AVAILABLE ON OR THROUGH THE SITE ARE PROVIDED “AS-IS, WITH ALL FAULTS”, AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE, TO THE EXTENT PERMITTED BY APPLICABLE LAW, HEREBY DISCLAIMED (INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AND SERVICES PROVIDED ON OR THROUGH THE SITE MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS, AND WE MAKE NO WARRANTY THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY SUCH INFORMATION OR SERVICES, EXCEPT IN THE LIMITED CIRCUMSTANCES PROVIDED IN SECTION 13 BELOW. IN PARTICULAR, BUT IN NO WAY A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED IN CONTRACT, TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF THE DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE AND THE PRODUCTS, SERVICES, CONTENT AND INFORMATION PRESENTED WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER WRITTEN OR ORAL, OBTAINED BY YOU FROM OR THROUGH THE SITE OR SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
12. Limitation of Liability. We and any Affiliated Party shall not be liable for any loss, injury, claim, liability or damage of any kind resulting in any way from (a) any errors in or omissions from the Site or any services or products obtainable therefrom, (b) the unavailability or interruption of the Site or any features thereof, (c) your use of the Site, (d) the content contained on the Site, or (e) any delay or failure in performance beyond the reasonable control of the Site. IN NO EVENT SHALL OUR AND ANY OF OUR AFFILIATED PARTIES’ AGGREGATE LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER BASED IN CONTRACT, TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SITE.
14. Links to Other Web Sites. Our Site may contain links to other Web sites. We are not responsible for the content, accuracy, reliability or opinions expressed in such Web sites, and such Web sites are not investigated, monitored or checked for accuracy, reliability or completeness by us. The inclusion of any linked Web site on our Site does not imply our approval or endorsement thereof. If you decide to leave our Site and access any such third-party Web site, you do so at your own risk. We assume no responsibility for any loss, damage or injury resulting from your accessing such third-party Web sites.
20. Legal Compliance. You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations pertaining to your use of the Site and the Content and materials provided therein.
21. Miscellaneous. This Agreement shall be governed by and construed in accordance with the laws of the State of Massachusetts, without regard to conflict of laws principles. Any cause of action by you with respect to the Site (and/or any information, documents, products or services related thereto) must be instituted within one (1) year after the cause of action arose or be forever waived and barred. All actions shall be subject to the limitations set forth in Sections 12 and 13. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against any party. Any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in interpreting this Agreement. This Agreement, along with any agreements incorporated herein, and your personal information may be automatically assigned by us in our sole discretion to a third-party in the event of an acquisition, sale or merger. If any provision of this Agreement is held illegal, invalid or unenforceable for any reason, that provision shall be enforced to the maximum extent permissible, and the other provisions of this Agreement shall remain in full force and effect. If any provision of this Agreement is held illegal, invalid or unenforceable, it shall be replaced, to the extent possible, with a legal, valid, and enforceable provision similar in tenor to the illegal, invalid or unenforceable provision. To the extent that anything in or associated with the Site is in conflict or inconsistent with this Agreement, this Agreement shall be controlling. Our failure to enforce any provision of this Agreement shall not be deemed a waiver thereof, nor shall such failure to enforce be deemed a waiver by us of the right to enforce such provision. Our rights under this Agreement shall survive the termination of this Agreement. The title, headings and captions of this Agreement are provided for convenience only and shall have no effect on the construction of the terms of this Agreement.