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LEARNING LIBRARY

TERMS OF USE

Welcome to the PhenoVista Biosciences, Inc. (“PhenoVista”) website (the “Site”). By accessing or using the Site, you indicate that you have read and understand this Terms of Use Agreement (this “Agreement”) and agree to be bound by it. Your use of the Site constitutes acceptance of this Agreement. If you do not understand or have questions about the Agreement, immediately stop all use of the Site and contact Contact@PhenoVista.com. This Agreement may periodically change without notice, so you should check the Agreement before every attempt to use the Site. When the Agreement is changed, the date of the latest revision will appear at the top of this page.


1. USER CONDUCT

You agree that you will not use the Site for any illegal purpose. In addition, you agree that:

  • You will not harvest, collect or otherwise use contact information made available on the Site for the purpose of sending unsolicited improper communications, including without limitation, unsolicited bulk email (collectively, spam) and that you will not use any PhenoVista communications facility to deliver or attempt to deliver spam
  • You will not attempt to gain unauthorized access to the Site or the servers and network associated with the Site
  • You will not circumvent or attempt to circumvent any security or access control technology implemented on the Site, or the servers and network associated with the Site
  • You will not use the Site in any manner designed to degrade the performance or functioning of the Site, including, without limitation, launching Denial-of-Service (DoS) attacks against the Site

2. COMMERCIAL USE OF PHENOVISTA SITE MATERIALS AND SCREEN SHOTS

Reproduction, copying or redistribution of materials on the PhenoVista Site for commercial purposes is prohibited without the express written permission of PhenoVista. To obtain permission to copy portions of this site, please send email to Info@PhenoVista.com and provide the following information in the body of the email:

  • The PhenoVista content you wish to use
  • Where and how it will be used (for example, a book cover, magazine article, a brochure)
  • Where and how copies will be distributed and to what audience
  • How many copies will be produced and distributed
  • When you intend to publish
  • What other non-PhenoVista materials will be associated with the PhenoVista content
  • Your name, title, company, address, email address and phone number

We will evaluate your request and advise you as soon as possible. PhenoVista reserves the right to refuse permission to copy, distribute, broadcast, or publish any of its copyrighted material, including text and images on our Site.


3. NO WARRANTIES AND LIMITATION OF LIABILITY

INFORMATION PROVIDED ON THE SITE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. PhenoVista periodically adds changes, improves, or updates the information and documents on the Site without notice. PhenoVista assumes no liability or responsibility for any errors or omissions in the content of the Site. Your use of the Site is at your own risk. Under no circumstances and under no legal theory shall PhenoVista, its suppliers or any other party involved in creating, producing, or delivering the Site’s contents be liable to you or any other person for any indirect, special, incidental, or consequential damages of any character arising from your access to, or use of, the Site.


4. LINKS TO THIRD PARTY SITES

If you use any links on the Site to Sites not maintained by PhenoVista, you will leave PhenoVista Site. The linked sites are not under the control of PhenoVista and PhenoVista is not responsible for the contents of any linked site or any link contained on a linked site. PhenoVista provides these links to you only as a convenience and the inclusion of any link does not imply recommendation, approval or endorsement by PhenoVista of the site.


5. SERVICE MARKS - PERMITTED USE OF PHENOVISTA SERVICE MARKS

PhenoVista service marks identify PhenoVista products and services and let the public know the source of those products and services. You may make fair use of our service marks in advertising and promotional materials, and in referencing our products and services (for example, in a magazine article) without our permission, provided you follow standard trademark usage practices and provide proper attribution. Other uses require our written permission. If you are in doubt as to whether you need our permission for a specific type of use, please ask us.

You may not use PhenoVista logos or “design” service marks (as opposed to our service marks consisting solely of words) under any circumstances without our prior written authorization.

In addition, you may not use PhenoVista service marks, whether design or word marks, in the following ways:

  • In a non-PhenoVista service name or publication title
  • In, as, or as part of, your own service or trademarks
  • To identify products or services that are not PhenoVista’s
  • In a manner likely to cause confusion
  • In a manner that implies inaccurately that we sponsor or endorse, or are otherwise connected with, your own activities, products and services
  • As hidden or embedded text in web pages in an effort to cause a search of PhenoVista marks to result in a hit on a page not maintained by PhenoVista in a manner disparaging of PhenoVista

6. JURISDICTION; CHOICE OF LAW

This Agreement and your use of the Site shall be governed by the laws of California, without regard to its conflict of laws provisions.


7. CRIMINAL FINANCES ACT 2017

PhenoVista is committed to conducting its business in accordance with the highest standards of professionalism, ethics and integrity.

PhenoVista has a zero-tolerance approach to tax evasion and the facilitation of tax evasion by anyone who performs services on our behalf and has implemented procedures designed to prevent such conduct.


8. SEVERABILITY

If any provision of this Agreement is found to be void or unenforceable, such provision shall be severed, and all other provisions shall remain in force.


9. TERMINATION

We may terminate or suspend access to our Site immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.