Last updated September 17, 2007
The information offered by The Vaccine Company ("Company”) on the web site located at www.vaccineco.com (this “Site”) is subject to the following terms of use (these “Terms of Use”).
By accessing, browsing and/or using this Site, you acknowledge and agree to these Terms of Use. If you do not agree to every provision of these Terms of Use, please do not access, browse or use this Site. We reserve the right to revise these Terms of Use at any time and for any reason, without notice or obligation, by updating this posting. By accessing, browsing and/or using this Site following the posting of changes to these Terms of Use, you accept these changes. Any use of this Site in a manner inconsistent with these terms and conditions is deemed unauthorized access and may subject the user to civil or criminal penalties. We recommend that you periodically visit this page of the Site to review these Terms of Use.
1. RESTRICTED USE OF SITE MATERIALS
You acknowledge that the Site contains software, text, graphics, information, images, documents, presentations and other material (collectively, the “Content”) that are protected by copyright, trademark or other proprietary rights of Company or third parties. All Content on this Site is copyrighted as a collective work of Company pursuant to applicable copyright law. Company grants you a limited right to access and use this Site. For your personal non-commercial use only, you may print copies of the Content and store it on your own computer. You may not otherwise download or modify this Site or any Content, except with the prior express written consent of Company. You are not granted any license for (i) any resale or commercial use of this Site or the Content; (ii) any derivative use of this Site or the Content; or (iii) any use of data mining, robots or similar data gathering and extraction tools. Any unauthorized use by you shall automatically terminate all rights granted to you hereunder.
Although Company provides the Content for your personal, non-commercial use, Company retains its proprietary rights, such as those rights under U.S. and international copyright law, to all Content, including, but not limited to, non-textual information components, such as graphic images and trade dress, that are part of or incident to the Content. This means that without the prior express written permission of Company, you may not (i) distribute Content to others; (ii) include Content on any other web site, on a server computer or in documents, including, but not limited to, “mirroring” the information and/or displaying the information by means of HTML frames or similar means; or (iii) modify or re-use the Content. Company reserves all rights not expressly granted herein.
You acknowledge and agree that any name, logo, trademark or service mark contained on this Site is owned or used with permission by Company and may not be used by you without the express prior written approval of Company or the relevant owner of the name, logo, trademark or service mark. Company will aggressively enforce its intellectual property rights to the full extent of the law. Your use of any of these materials is prohibited unless specifically permitted by Company in writing prior to any such use. Any unauthorized use of these materials may subject you to penalties or damages, including, but not limited to, those related to violation of trademarks, copyrights, privacy and publicity rights.
2. LINKING
You may not link to this Site from any pornographic, obscene, profane, defamatory, libelous, threatening, unlawful or other web site or material that could constitute or encourage unlawful conduct that would be considered a criminal offense, give rise to civil liability or otherwise violate any law or regulation. Notwithstanding the fact that Company or other parties involved in creating, producing or delivering this Site may monitor or review any links to this Site, Company and such parties assume no responsibility or liability that may arise from the content thereof.
Although this Site may link to other web sites (“External Sites”), Company is not, directly or indirectly, implying any approval, association, sponsorship, endorsement or affiliation with any External Site, unless specifically stated herein. By entering this Site you acknowledge and agree that Company has not reviewed the External Sites and is not responsible for the content contained on any External Site. Your access and use of any External Site is at your own risk.
3. DISCLAIMERS
THIS SITE AND ALL CONTENT IS PROVIDED TO YOU “AS IS” AND “AS AVAILABLE.” COMPANY HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
4. LIMITATIONS OF LIABILITY
You acknowledge and agree that your use of this Site and any Content is at your own risk. IN NO EVENT SHALL COMPANY, ITS OFFICERS, DIRECTORS, AGENTS, EMPLOYEES AND/OR ANY OF THE PARTIES INVOLVED IN CREATING, PRODUCING OR DELIVERING THIS SITE BE LIABLE TO YOU OR ANY PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, MULTIPLE, PUNITIVE OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, LOST REVENUES, LEGAL FEES, EXPERT FEES, OTHER DISBURSEMENTS OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM, DIRECTLY OR INDIRECTLY, THE USE OF, OR THE INABILITY TO USE, THE SITE AND/OR THE CONTENT, INCLUDING, BUT NOT LIMITED TO, ANYTHING CAUSED BY ANY VIRUSES, BUGS, HUMAN ACTION OR INACTION OR ANY COMPUTER SYSTEM, PHONE LINE, HARDWARE, SOFTWARE OR PROGRAM MALFUNCTIONS, OR ANY OTHER ERRORS, FAILURES OR DELAYS IN COMPUTER TRANSMISSIONS OR NETWORK CONNECTIONS, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.
5. APPLICABLE LAW AND JURISDICTION
You agree that the laws of the State of California, without regard to its principles of conflict of laws, will govern these Terms of Use and any dispute concerning or related to these Terms of Use. You hereby expressly agree to submit to the exclusive personal jurisdiction of the federal and state courts sitting in San Francisco, California for the purpose of resolving any dispute relating to your access to or use of this Site.
6. TERMINATION OF THE AGREEMENT
Company reserves the right, in its sole discretion, to restrict, suspend or terminate these Terms of Use and access to all or any part of the Site or the Content, at any time and for any reason without prior notice or liability. Company reserves the right to change, suspend or discontinue all or any part of the Site or the Content at any time without prior notice or liability. If these Terms of Use are terminated, this clause and Sections 1, 3, 4, 5, 7 and 8 shall survive the termination of these Terms of Use.
7. INDEMNIFICATION
You agree to indemnify, defend and hold Company and its affiliates, and their respective officers, directors, owners, agents, information providers and licensors (collectively, the “Company Parties”) harmless from and against any and all claims, liability, losses, costs and expenses (including attorneys’ fees) incurred by any Company Party in connection with any use or alleged use of the Site. Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with the Company’s defense of such claim.
8. GENERAL
These Terms of Use constitute the entire agreement between the parties with respect to the subject matter hereof, and supersedes all previous written and oral agreements between the parties with respect to such subject matter. If any of these terms and conditions are deemed invalid, void or unenforceable, such term or condition shall be deemed severable and shall not affect the validity or enforceability of the remaining terms and conditions. Failure of Company to act on or enforce any provision of these Terms of Use shall not be construed as a waiver of that provision or any other of these Terms of Use.
Copyright © 2007 by The Vaccine Company. All Rights Reserved.
The information offered by The Vaccine Company ("Company”) on the web site located at www.vaccineco.com (this “Site”) is subject to the following terms of use (these “Terms of Use”).
By accessing, browsing and/or using this Site, you acknowledge and agree to these Terms of Use. If you do not agree to every provision of these Terms of Use, please do not access, browse or use this Site. We reserve the right to revise these Terms of Use at any time and for any reason, without notice or obligation, by updating this posting. By accessing, browsing and/or using this Site following the posting of changes to these Terms of Use, you accept these changes. Any use of this Site in a manner inconsistent with these terms and conditions is deemed unauthorized access and may subject the user to civil or criminal penalties. We recommend that you periodically visit this page of the Site to review these Terms of Use.
1. RESTRICTED USE OF SITE MATERIALS
You acknowledge that the Site contains software, text, graphics, information, images, documents, presentations and other material (collectively, the “Content”) that are protected by copyright, trademark or other proprietary rights of Company or third parties. All Content on this Site is copyrighted as a collective work of Company pursuant to applicable copyright law. Company grants you a limited right to access and use this Site. For your personal non-commercial use only, you may print copies of the Content and store it on your own computer. You may not otherwise download or modify this Site or any Content, except with the prior express written consent of Company. You are not granted any license for (i) any resale or commercial use of this Site or the Content; (ii) any derivative use of this Site or the Content; or (iii) any use of data mining, robots or similar data gathering and extraction tools. Any unauthorized use by you shall automatically terminate all rights granted to you hereunder.
Although Company provides the Content for your personal, non-commercial use, Company retains its proprietary rights, such as those rights under U.S. and international copyright law, to all Content, including, but not limited to, non-textual information components, such as graphic images and trade dress, that are part of or incident to the Content. This means that without the prior express written permission of Company, you may not (i) distribute Content to others; (ii) include Content on any other web site, on a server computer or in documents, including, but not limited to, “mirroring” the information and/or displaying the information by means of HTML frames or similar means; or (iii) modify or re-use the Content. Company reserves all rights not expressly granted herein.
You acknowledge and agree that any name, logo, trademark or service mark contained on this Site is owned or used with permission by Company and may not be used by you without the express prior written approval of Company or the relevant owner of the name, logo, trademark or service mark. Company will aggressively enforce its intellectual property rights to the full extent of the law. Your use of any of these materials is prohibited unless specifically permitted by Company in writing prior to any such use. Any unauthorized use of these materials may subject you to penalties or damages, including, but not limited to, those related to violation of trademarks, copyrights, privacy and publicity rights.
2. LINKING
You may not link to this Site from any pornographic, obscene, profane, defamatory, libelous, threatening, unlawful or other web site or material that could constitute or encourage unlawful conduct that would be considered a criminal offense, give rise to civil liability or otherwise violate any law or regulation. Notwithstanding the fact that Company or other parties involved in creating, producing or delivering this Site may monitor or review any links to this Site, Company and such parties assume no responsibility or liability that may arise from the content thereof.
Although this Site may link to other web sites (“External Sites”), Company is not, directly or indirectly, implying any approval, association, sponsorship, endorsement or affiliation with any External Site, unless specifically stated herein. By entering this Site you acknowledge and agree that Company has not reviewed the External Sites and is not responsible for the content contained on any External Site. Your access and use of any External Site is at your own risk.
3. DISCLAIMERS
THIS SITE AND ALL CONTENT IS PROVIDED TO YOU “AS IS” AND “AS AVAILABLE.” COMPANY HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
4. LIMITATIONS OF LIABILITY
You acknowledge and agree that your use of this Site and any Content is at your own risk. IN NO EVENT SHALL COMPANY, ITS OFFICERS, DIRECTORS, AGENTS, EMPLOYEES AND/OR ANY OF THE PARTIES INVOLVED IN CREATING, PRODUCING OR DELIVERING THIS SITE BE LIABLE TO YOU OR ANY PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, MULTIPLE, PUNITIVE OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, LOST REVENUES, LEGAL FEES, EXPERT FEES, OTHER DISBURSEMENTS OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM, DIRECTLY OR INDIRECTLY, THE USE OF, OR THE INABILITY TO USE, THE SITE AND/OR THE CONTENT, INCLUDING, BUT NOT LIMITED TO, ANYTHING CAUSED BY ANY VIRUSES, BUGS, HUMAN ACTION OR INACTION OR ANY COMPUTER SYSTEM, PHONE LINE, HARDWARE, SOFTWARE OR PROGRAM MALFUNCTIONS, OR ANY OTHER ERRORS, FAILURES OR DELAYS IN COMPUTER TRANSMISSIONS OR NETWORK CONNECTIONS, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.
5. APPLICABLE LAW AND JURISDICTION
You agree that the laws of the State of California, without regard to its principles of conflict of laws, will govern these Terms of Use and any dispute concerning or related to these Terms of Use. You hereby expressly agree to submit to the exclusive personal jurisdiction of the federal and state courts sitting in San Francisco, California for the purpose of resolving any dispute relating to your access to or use of this Site.
6. TERMINATION OF THE AGREEMENT
Company reserves the right, in its sole discretion, to restrict, suspend or terminate these Terms of Use and access to all or any part of the Site or the Content, at any time and for any reason without prior notice or liability. Company reserves the right to change, suspend or discontinue all or any part of the Site or the Content at any time without prior notice or liability. If these Terms of Use are terminated, this clause and Sections 1, 3, 4, 5, 7 and 8 shall survive the termination of these Terms of Use.
7. INDEMNIFICATION
You agree to indemnify, defend and hold Company and its affiliates, and their respective officers, directors, owners, agents, information providers and licensors (collectively, the “Company Parties”) harmless from and against any and all claims, liability, losses, costs and expenses (including attorneys’ fees) incurred by any Company Party in connection with any use or alleged use of the Site. Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with the Company’s defense of such claim.
8. GENERAL
These Terms of Use constitute the entire agreement between the parties with respect to the subject matter hereof, and supersedes all previous written and oral agreements between the parties with respect to such subject matter. If any of these terms and conditions are deemed invalid, void or unenforceable, such term or condition shall be deemed severable and shall not affect the validity or enforceability of the remaining terms and conditions. Failure of Company to act on or enforce any provision of these Terms of Use shall not be construed as a waiver of that provision or any other of these Terms of Use.
Copyright © 2007 by The Vaccine Company. All Rights Reserved.
