Welcome to the CELLUCARE website (the "Site"), an online information service provided to you subject to the following terms and conditions. Please read this agreement carefully before accessing or using the Site. By accessing or using the Site, you agree to be bound by the terms and conditions set forth below. If you do not agree to these terms and conditions, you may not access or use the Site. CELLUCARE reserves the right to modify this agreement at any time, and such modifications shall be effective immediately upon posting of the modified agreement on the Site. You agree to review the agreement periodically to be aware of such modifications and your continued access or use of the Site shall be deemed your conclusive acceptance of the modified agreement.
Copyright, Licenses, and Idea Submissions:
The entire contents of the Site are protected by international copyright and trademark laws. The copyrights and trademarks on the Site are owned by CELLUCARE, its affiliates, or other third-party licensors. You may not modify, copy, reproduce, republish, upload, post, transmit, or distribute any material on the Site, including text, graphics, code, and/or software, in any manner. You may print and download portions of material from different areas of the Site solely for your own non-commercial use, provided you agree not to change or delete any copyright or proprietary notices from the materials. By submitting materials or information to any public areas of the Site or to CELLUCARE via email, you grant CELLUCARE a non-exclusive, royalty-free, worldwide, perpetual license to reproduce, distribute, transmit, create derivative works of, publicly display, and publicly perform the submitted materials. You also grant CELLUCARE the right to use your name in connection with the submitted materials and other information, as well as in connection with all advertising, marketing, and promotional material related thereto. CELLUCARE assumes no responsibility for any alleged or actual infringement or misappropriation of any proprietary right in your communications to CELLUCARE.
Trademarks:
Publications, products, content, or services referenced on the Site are the exclusive trademarks or service marks of CELLUCARE. Other product and company names mentioned on the Site may be the trademarks of their respective owners.
Use of the Site:
You understand that CELLUCARE does not operate, control, or endorse any information, products, or services on the Internet except for those clearly identified as supplied by CELLUCARE. CELLUCARE cannot and does not guarantee or warrant that files available for downloading through the Site will be free of viruses or other code that may manifest contaminating or destructive properties. You are responsible for implementing procedures to satisfy your requirements for data accuracy and for maintaining a means for the reconstruction of any lost data. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE INTERNET. CELLUCARE PROVIDES THE SITE AND RELATED INFORMATION "AS IS" AND DISCLAIMS ANY WARRANTIES, REPRESENTATIONS, OR ENDORSEMENTS (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE, ANY INFORMATION, OR SERVICES PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY. CELLUCARE SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS, AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE, AND OTHER INFORMATION PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY. CELLUCARE DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED. YOU UNDERSTAND THAT THE INTERNET CONTAINS UNEDITED MATERIALS SOME OF WHICH MAY BE OFFENSIVE TO YOU. YOUR ACCESS TO SUCH MATERIALS IS AT YOUR RISK. CELLUCARE HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS.
Limitation of Liability:
IN NO EVENT SHALL CELLUCARE BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE SERVICE, OR DOWNLOADED FROM THE SERVICE, OR ANY DELAY OF SUCH INFORMATION OR SERVICE. CELLUCARE SHALL NOT BE LIABLE FOR ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH THE SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, CELLUCARE'S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
Third Party Sites:
When you access a non-CELLUCARE website, please understand that it is independent from CELLUCARE, and CELLUCARE has no control over the content on that website. A link to a CELLUCARE website does not imply endorsement or responsibility for the content or use of such website.
Indemnification:
You agree to indemnify, defend, and hold harmless CELLUCARE, its officers, directors, employees, agents, licensors, suppliers, and any third-party information providers from and against all losses, expenses, damages, and costs, including reasonable attorneys' fees, resulting from any violation of this Agreement by you or any other person accessing the Service.
Termination:
This Agreement may be terminated by either party without notice at any time for any reason. The provisions regarding Copyright, Licenses and Idea Submissions, Use of the Site, Indemnification, Third Party Rights, and Miscellaneous shall survive any termination of this Agreement.
Miscellaneous:
This Agreement shall be governed and construed in accordance with the laws of the United States of America applicable to agreements made and to be performed in the United States of America. Any legal action or proceeding between CELLUCARE and you concerning this Agreement shall be brought exclusively in a federal or state court of competent jurisdiction sitting in the United States of America. Any cause of action or claim you may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. CELLUCARE's failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. CELLUCARE may assign its rights and duties under this Agreement to any party at any time without notice to you. Any rights not expressly granted herein are reserved.
This document constitutes the entire agreement between you and CELLUCARE regarding your use of the Site.