Terms & Conditions
EpiCept Corporation. ("EpiCept") allows you access to this website and services subject to the following notices, terms, and conditions. EpiCept may change and/or add to these Terms of Use from time to time as EpiCept deems appropriate in its sole discretion.
BY USING THIS WEBSITE, YOU ARE AGREEING TO BE LEGALLY BOUND BY ALL OF THE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, PLEASE EXIT THIS SITE PROMPTLY.
Use Of Site
The website, its services and/or products offered are provided for lawful purposes only. You may not use this website to engage in conduct that is unlawful or restricts or inhibits others from using or enjoying this website. IN ADDITION, AS A CONDITION OF USING THIS WEBSITE, YOU AGREE THAT YOU WILL NOT USE THIS WEBSITE OR ANY CONTENT OR SERVICES MADE AVAILABLE THROUGH THIS WEBSITE: (A) TO PROVIDE SERVICES TO ANYONE; (B) IN A CLINICAL DIAGNOSTIC SETTING WHERE DATA FROM AN INDIVIDUAL'S SAMPLE IS TRANSFERRED TO HIS OR HER CAREGIVER; OR (C) IN CONNECTION WITH ANY DIAGNOSTIC PRODUCT OR SERVICE.
No portion of this website may be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose unless expressly permitted in writing by EpiCept. EpiCept and its affiliates reserve the right to refuse service, terminate accounts, and/or cancel orders at their discretion, including, without limitation, if EpiCept believes that visitor conduct violates applicable law or is harmful to the interests of EpiCept and its affiliates.
If you breach any of these Terms of Use, your authorization to use the website shall automatically terminate.
Copyright
All content included on this website, such as text, graphics, logos, button icons, images, audio clips, and software is the property of EpiCept or its content suppliers and protected by U.S. and international copyright laws. The compilation (meaning the selection, collection, arrangement, and assembly) of all content on this website is the exclusive property of EpiCept and protected by U.S. and international copyright laws. Any use, including the reproduction, modification, distribution, transmission, republication, display, or performance of the content on this website is strictly prohibited.
Trademarks
EpiCept, the EpiCept logo, and other Epicept.com graphics, logos, and service names are trademarks and service marks of EpiCept. Our trademarks and service marks may not be used in connection with any product or service that is not provided by EpiCept, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits EpiCept. All other trademarks not owned by EpiCept or its affiliates that appear on this website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by EpiCept or its affiliates.
No Other Rights
You agree that this license to use the website subject to these Terms and Conditions does not grant you any other right or license under the intellectual property rights of EpiCept or any third party. Without limiting the previous sentence, nothing in these terms of use shall be construed as a right or license to make, have made, use, sell, offer to sell, import, lease or distribute assays or related products or services.
Security
You acknowledge that any communications or material of any kind that you e-mail, post, or transmit to or through the Site, including questions, comments, suggestions and other information (your "Communications") will be treated as non-confidential and non-proprietary by EpiCept. By using the Site, you authorize and hereby grant EpiCept a non-exclusive, royalty-free, perpetual, world-wide, irrevocable license to reproduce, transmit, display, disclose, and otherwise use your Communications for reasonable business purposes and as otherwise indicated in our Privacy Policy.
YOU ACKNOWLEDGE THAT SECURITY SAFEGUARDS, BY THEIR NATURE, ARE CAPABLE OF CIRCUMVENTION AND EPICEPT DOES NOT AND CANNOT GUARANTEE THAT BIOLOGICAL DATA OR OTHER INFORMATION CANNOT BE ACCESSED BY UNAUTHORIZED PERSONS CAPABLE OF OVERCOMING SUCH SAFEGUARDS. IN PARTICULAR, THE SITE MAY BE USED TO ACCESS AND TRANSFER INFORMATION, INCLUDING BIOLOGICAL DATA, OVER THE INTERNET. YOU ACKNOWLEDGE AND AGREE THAT EPICEPT DOES NOT OPERATE OR CONTROL THE INTERNET AND THAT: (I) VIRUSES, WORMS, TROJAN HORSES, OR OTHER UNDESIRABLE DATA OR SOFTWARE; OR (II) UNAUTHORIZED USERS (e.g. HACKERS) MAY ATTEMPT TO OBTAIN ACCESS TO AND DAMAGE THE SITE AND/OR YOUR BIOLOGICAL DATA AND/OR OTHER INFORMATION, COMPUTERS, AND/OR NETWORKS, EPICEPT SHALL NOT BE RESPONSIBLE FOR SUCH ACTIVITIES. YOU ARE SOLELY RESPONSIBLE FOR THE SECURITY AND INTEGRITY OF YOUR INFORMATION AND SYSTEMS.
Monitoring Communications
EpiCept may, but is not obligated to, monitor or review any areas of the Site where user communications may be made available, including, but not limited to, chat rooms, bulletin boards, and other user forums. EpiCept, however, will have no liability related to the content of any such user communications, whether or not arising under the laws of copyright, defamation, privacy, obscenity, or otherwise. EpiCept retains the right to remove, at its sole discretion, communications that include any material deemed abusive, defamatory, obscene, or otherwise inappropriate.
Disclaimer
THIS SITE IS PROVIDED BY EPICEPT ON AN "AS IS" BASIS. EPICEPT MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, EPICEPT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
Ownership
This website is owned and operated by EpiCept. All content, data, information and other materials on or directly accessible from the website, including without limitation all data accessible and retrievable through the My EpiCept and Search Transcript Analysis portions of this website, other than customer assays stored on the website, are owned by EpiCept, its affiliates, licensors and/or vendors. Any rights not expressly granted by EpiCept are reserved. Any copies that you make of materials or other content provided through the website must contain the same copyright and other proprietary notices that appear with the materials or consent.
Privacy Statement
You agree to comply with and be subject to the terms and conditions of the EpiCept Privacy Statement contained separately on this website. Subject to the terms of the EpiCept Privacy Statement, you understand and agree that any communications or material you transmit to EpiCept or any other party by way of this website will not be treated as confidential information.
Indemnification
YOU AGREE TO INDEMNIFY AND HOLD HARMLESS EPICEPT, ITS AFFILIATE COMPANIES AND EACH OF THE RESPECTIVE EMPLOYEES, REPRESENTATIVES AND AGENTS OF THE FOREGOING, FROM AND AGAINST ANY AND ALL CLAIMS, LIABILITIES, DEMANDS, CAUSES OF ACTIONS, DAMAGES, LOSSES AND EXPENSES, INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS' FEES AND COSTS OF SUIT, (A) ARISING OUT OF A BREACH OF THIS AGREEMENT, OR (B) ASSERTED BY ANY THIRD PARTY DUE TO OR ARISING FROM OR IN CONNECTION WITH YOUR USE OF THIS WEBSITE. EPICEPT AND ITS AFFILIATE COMPANIES SHALL HAVE THE RIGHT, AT THEIR OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER SUBJECT TO YOUR INDEMNIFICATION OBLIGATIONS, WHICH SHALL NOT RELIEVE YOU OF YOUR INDEMNIFICATION OBLIGATIONS.
Limitations Of Liability And Damages
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT EPICEPT, ITS AFFILIATE COMPANIES AND EACH OF THEIR EMPLOYEES, REPRESENTATIVES AND AGENTS SHALL NOT BE LIABILE IN CONNECTION WITH THIS WEBSITE (INCLUDING THE USE OR INABILITY TO USE THIS WEBSITE) FOR DIRECT, COMPENSATORY, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTIAL OR PUNITIVE DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY AND/OR CLAIMS OF THIRD PARTIES, EVEN IF THEY (OR ANY OF THEM) HAS BEEN ADVISED AS TO THE POSSIBILITY OF SUCH DAMAGES.
WITHOUT LIMITING THE GENERALITY OF THE PRIOR PARAGRAPH, YOU AGREE THAT EPICEPT, ITS AFFILIATE COMPANIES AND EACH OF THEIR EMPLOYEES, REPRESENTATIVES AND AGENTS ARE NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, VULGAR, OBSCENE, OFFENSIVE, ILLEGAL CONDUCT, OR SPEECH OF ANY OTHER PARTY, OR ANY INFRINGEMENT OR VIOLATION OF ANOTHER'S RIGHTS BY ANY OTHER PARTY.
NO ACTION, REGARDLESS OF FORM, ARISING OUT OF OR RELATING TO THIS PRIVICY POLICY MAY BE BROUGHT MORE THAN ONE YEAR AFTER THE CAUSE OF ACTION AROSE.
Modifications
We reserve the right to make changes to our website and these disclaimers, terms, and conditions at any time.