Effective date: April 2021
USE OF SITE AND CONTENT
The materials on the Services are provided by BennuBio for your personal information, education and communication and are subject to these Terms. The Site contains materials and information relating to BennuBio, its products and services. The materials and information may be in the form of data, text, images, graphics, illustrations and animations, icons, registered and unregistered trademarks, photographs, audio clips and video clips, music, sounds, pictures, webcasts, software, or other forms known or later created or invented (collectively “Content”). In using the Services, the respect of BennuBio’s intellectual property rights, as outlined below, is expected. Any unauthorized use of Content may violate copyright, trademark, privacy, communications and other laws, and any such use may result in your personal liability and may be subject to civil and/or criminal prosecution.
All content on the Services, including text, graphics, logos, icons, and images, is the property of BennuBio or its content suppliers and is protected by U.S. and international copyright laws. The collection, arrangement, and assembly – that is, the “compilation” – of all content on the Site is the exclusive property of BennuBio and its suppliers and is protected by U.S. and international copyright laws. The content on the Services may be used as a personal resource provided you do not delete or change any copyright, trademark, or other proprietary notices or markings. The foregoing limited right does not grant you any ownership in any Content. Except as expressly provided herein, nothing contained in these Terms may be construed as conferring to you (by implication, estoppel, or otherwise) any other right or license to any Content under any copyright or any other intellectual property rights. Any other use, including the reproduction, modification, distribution, transmission, display, or performance, of the content on the Services is strictly prohibited without prior written permission from BennuBio. Users of the Services are not permitted to modify, distribute, transmit or create derivative works of any material found on the Services for any personal or commercial purposes.
The Services are controlled and operated by BennuBio from its offices within the State of New Mexico, U.S.A. BennuBio makes no representation that the Content is appropriate or available for use in other locations, and access to the Services from territories where the Content, or any part, is illegal is prohibited. Those who choose to access the Services from other locations do so on their own initiative and are responsible for compliance with applicable local laws. Users may not use or export the information in violation of U.S. export laws and regulations.
LINKS TO/FROM OTHER WEBSITES
The Services may contain links to third party sites, which are neither under the control of, nor maintained by, BennuBio. These links are provided for convenience. These links are not, and should not be construed as, an endorsement by BennuBio, or as an incorporation by reference of any materials on such third-party websites into the Services. Access to any other Internet site linked to the Services is at the user’s own risk. BennuBio is not responsible for the content of any linked website. BennuBio is not responsible for the accuracy or reliability of any information, data, opinions, advice or statements made on these third-party websites. You are granted a limited, non-exclusive, revocable right to create hyperlinks to the Site provided that the links: (a) are only to the homepage of the Site located at www.bennubio.com; (b) incorporate only text and do not use any trademarked or copyrighted material; and (c) are not operated for any commercial purposes; and further provided that the links and related content on your website (a) do not suggest any affiliation with BennuBio or cause confusion among consumers; (b) do not portray BennuBio or its products or services in a false, misleading, derogatory, or otherwise offensive manner; (c) do not contain content that could be construed as distasteful, offensive, politically partisan, or otherwise controversial; and (d) contain materials appropriate for all ages of the general public.
The Services are not intended for use by children. If you are under 13, you may not submit or post any information or material on or through the Services or otherwise provide such information to BennuBio, including but not limited to personally identifiable information.
We may terminate a user’s ability to use the Services in our sole and absolute discretion and for any reason. We may terminate your use of the Services for reasons that include, but are not limited to, the following: (1) violation of these Terms; (2) abuse of resources on which the Services rely or attempt to gain unauthorized entry to the Services; or (3) as required by law, regulation, court or governing agency order. Our termination of any user’s access to the Services may be effected without notice and, on such termination, we may immediately bar any further access to the Services. We shall not be liable to any user or other third party for any termination of that user’s access to the Services.
Except as otherwise expressly indicated by us in writing: (i) the technologies and products shown, described or discussed on the Service are for informational purposes only and have not been approved for human use by any regulatory agency, including without limitation the United States Food and Drug Administration, and (ii) no portion of the Services is intended to constitute a representation or claim as to the efficacy, safety or benefits of our products or services for any human, clinical or medical use. No information contained on the Services is intended to be used for the purpose of medical diagnosis or treatment.
Each user shall indemnify, defend and hold BennuBio its affiliates, and its and their respective, directors, officers, employees, members, partners, stockholders and agents harmless from any and all claims, demands, damages, costs, and liabilities including reasonable attorneys’ fees, made by any third party due to or arising out of that user’s acts or omissions, including claims arising out of that user’s use of the Services; his or her submission, posting or transmission of any information on or through the Services or his or her violation of the Terms.
BennuBio does not guarantee continuous, uninterrupted access to the Services, and operation of the Services may be interfered with by numerous factors outside of our control. When you access the Services through a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply, and BennuBio shall have no liability whatsoever for such charges, rates or other fees.
THE SITE AND OTHER SERVICES ARE PROVIDED BY BENNUBIO ON AN “AS IS” and “AS AVAILABLE” BASIS. BENNUBIO ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY CONTENT OR COMMUNICATIONS ON OR THROUGH THE SERVICES. BennuBio MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE INFORMATION, CONTENT OR MATERIALS INCLUDED ON THE SERVICES. BennuBio WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SERVICES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, AND DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
We welcome your comments and feedback regarding the Services. Any comments, feedback, ideas, suggestions, data or other information submitted by you to us through the Services or any related communication channel is referred to herein as “Feedback”. By submitting Feedback to us, you acknowledge and agree that: (i) such Feedback does not contain information that is confidential or proprietary to you; (ii) we are not under any obligation of confidentiality to you, express or implied, with respect to such Feedback; (iii) we may use or disclose (or choose not to use or disclose) such Feedback for any purpose; (iv) we may have something similar to the Feedback already under consideration or in development; and (v) such Feedback is hereby assigned to us. Please do not send us any information or materials through the Services that you do not wish to be subject to the terms of this paragraph. The legality, reliability, appropriateness, originality and copyright of such Feedback are the full responsibility of the person submitting such Feedback.
BennuBio is the owner of the trademarks “BennuBio®”, “Velocyt®” and any of logo of BennuBio set forth on the Services. Other trademarks, logos and service marks used on the Serivces are the property of BennuBio or of third parties. No use may be made of any trademarks, logos or service marks on the Services without the prior written consent of BennuBio or of the third party that owns the trademark, logo or service mark.
These Terms constitute the entire agreement between each user and BennuBio and govern each user’s use of the Services, superseding any prior agreements. The Terms and the relationship between each user and BennuBio shall be governed by the laws of the State of New Mexico without regard to its conflict of law provisions, and each party shall submit to the personal and exclusive jurisdiction of the courts located within Bernalillo County, New Mexico. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect. Nothing herein shall be deemed to create an agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship of any kind between BennuBio and any user.
The provisions above listed under the headings “COPYRIGHT”, “APPLICABLE LAWS”, “LINKS TO/FROM OTHER WEBSITES”, “TERMINATION”, “INDEMNIFICATION” “DISCLAIMER”, “SUBMISSIONS”, “TRADEMARKS” and “GENERAL INFORMATION” shall survive any termination or expiration of these Terms with respect to any user.
The current version of these Terms became effective on the date first set forth above. We may have updated these Terms from time to time. If you would like to review prior versions of these Terms, please contact us through the “Contact Us” page on the Site.
Copyright © 2020 BennuBio, Inc. All rights reserved.