TERMS OF USE
Introduction
This Web site and its content (collectively “Web site”) are owned and maintained by Exoxemis, Inc. (“Exoxemis”). The information provided on this Website is for your information and for your general interest and entertainment only.Your accessand use of the information contained on this Web site is subject to the terms and conditions described herein. By accessing or using this Web site, you acknowledge that you have read, understood and agree to these Terms of Use, the PrivacyPolicy, and the terms, conditions, notices and disclaimers contained elsewhere on the Web site (collectively “Terms of Use”).If you do not agree to these Terms of Use, please do not use this Web site. Exoxemisreserves the right toamend these Terms of Use at any time without notice, by updating this posting. You are bound by any such revisions and should, therefore, periodicallyvisit this page to review the current terms.
Applicable Law
This Web site and its content are intended to comply with the laws and regulations in the United States of America, and the information pertaining to Exoxemis’ products is intended for use only by residents of the United States of America. Exoxemis makes no representation orwarranty that the information on the Web site is appropriate or available for use in other countries, and access to it from countries where its content is illegal is prohibited. Those who choose to access this Web site from other countries do so on their own initiative and are solely responsible for compliance with applicable local laws. Any offer for any product or service made on this Web site is void where prohibited. You may not use or export the information contained in this Web site in violation of U.S. export laws and regulations.
Governing Law
This Terms of Use agreement and your use of the Web site or the information contained therein shall be governed by the laws of the United States of America and the State of Washington, without regards to conflict of laws provisions. Any legal action or proceeding relating to this Web site shall be brought exclusively in a federal or state court of competent jurisdiction sitting in the State of Washington.
Medical Information
This Web site may contain general information relating to various medicalconditions and their treatment. Such information is provided for informational purposes and for your general interest only. It is not intended to be a substitute for advice provided by a doctor or other qualified healthcare professional. You should notuse the information contained herein for diagnosing or treating a health problem or disease. Please consult with your doctor to see if any product discussed at this Web site is appropriate for you.
Intellectual Property and Restriction on Use of Content
Copyright
All content (including, without limitation, Web site design, text, graphics, icons and the selection and arrangement thereof) of this Web site is the property of Exoxemis, or used under license by Exoxemis. This Web site and the content are protected by U.S. and international copyright laws, both as individual works and as a compilation. Exoxemis authorizes you to display and electronically copy, download and print hard copy, for noncommercial use only, documents or pages published by Exoxemison this Web site, provided that any copy of these documents or pages which you make shall retain all copyright or proprietary notices and any disclaimers contained herein. You may not delete any copyright or similar notice from any content you obtain from this Web site. Any other use of materials on the Web site, including but not limited to the modification, reproduction, distribution, republication, display or transmission of the content of this Web site, without prior written permission of Exoxemis, is prohibited. The availability of any contents through this Web site shall under no circumstance constitute a transfer of any copyrights, trademarks or other intellectual property rights of Exoxemis to any Web site user or any third party. Exoxemis doesnot waive any of its proprietary rights to such content.
Trademarks
All logos, trademarks and service marks (hereinafter collectively referred to as “Trademarks”) displayed on this site, whether or not appearing in large print or with or without the trademark symbol, are registered and unregistered Trademarks of Exoxemis, and its related companies, or of third parties. Use of the Trademarks displayed on this site,except as provided herein, is strictly prohibited. Nothing contained in the site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the site without the written permission of Exoxemis or such third party that may own the Trademarks displayed at the site. Please be advised that Exoxemis actively and aggressively enforces its intellectual property rights to the fullest extent of the law.
Linking to the Web Site
Other sites may link to this Web site only through a plain-text link to the home page of the Web site. To seek permission for anyother type of link to the Web site, please email Exoxemis at businessdevelopment@exoxemis.com. Exoxemis reserves the right to revoke permission for other types of links with or without cause at the sole discretion of Exoxemis, and requires the removal of linksimmedaitelyupon the revocation of such permission. Including content from the Web Site within a frame or deep linking to content within the Web Site are expressly prohibited.
Links to OtherSites
This Web site may provide links or references to sites maintained by third parties over whom Exoxemis has no control. Such links or references are provided as a convenience to the users of this Web site. Similarly, this Web site may be accessed from third party links over whom Exoxemis has no control. Exoxemis has no responsibility for and makes no representations or warranties of any kind for the content of other sites linked to this site, or for any products or services mentioned or offered on such sites. Exoxemis shall not be liable for any damages or injury arising from that content. Any links to other sites are provided as merely a convenience to the users of this Web site and Exoxemis makes no representations or warranties of any kind whatsoever for the content of other sites or for any products or services mentioned or offered on such sites. You access such other sites solely at your own risk. Inclusion of any third party link does not constitute an endorsement or recommendation by Exoxemis. Third party Web sites may contain information about products that may or may not be available in any particular country or region of the world, may be available under different trademarks in different countries and, where applicable, may be approved or cleared by a government regulatory body for sale or use with different indications, formulations and/or restrictions in different countries. You should not construe anything on this Exoxemis Web site as a promotion or solicitation for any third party product, or for use of any Exoxemis or third party product that is not authorized by the laws and regulations of the country in which the Web site user is located.
Submission of Ideas
It is Exoxemis’policy not to accept unsolicited ideas about new products, advertising or marketing concepts or improvements. We employ a staff and consultants that may be working on ideas that are the same or similar to yours. This policy is to avoid confusion about our ownership of new concepts. If you do send us a message about a product, advertising or marketing idea, or other comments, recordings orimages (“Content”), your message will be treated as non-proprietary and non-confidential and becomes the propertyof Exoxemis.Exoxemis shall be free to use the Content of any such communication, including any ideas, inventions, concepts, techniques or know-how disclosed therein, for any purpose whatsoever, including developing, manufacturing and/or marketing goods or services, at our sole discretion, without compensationto you. You agree not to assert any moral rights in relation to such Content or its use. You warrant that you have the full authority to grant these rights. You agree that any Content submitted by you to Exoxemis is subject to these provisions, whetherit was submitted in response to a request by Exoxemis or was instead unsolicited.You understand and agree that you are solely and fully responsible for the Content you submit, including for any breach of these terms, and Exoxemis shall not be liable in any way for such Content, to the full extent permitted by law. Further, with regard to any Content submissions, you warrant and agree that: (a)your Content does not contain any material that is unlawful or fraudulent, or that Exoxemis may deem in breach of any intellectual property, privacy, publicity or other rights, libelous, slanderous, defamatory, harmful, vulgar, obscene, derogatory, pornographic, sexually inappropriate, violent, abusive, harassing, threatening, hateful, objectionable with respect torace, religion, creed, nationality or gender, not suitable for children aged under 13, or otherwise unsuitable for publication; (b)you will obtain prior consent from any person or property who may appear in your Content; (c)your Content shall not contain viruses or other destructive features or cause injury or harm to any person, entity, or property; and (d)you will comply with all applicable laws and regulations, including without limitation, those governing copyright, trademark, content, defamation, privacy, publicity and the access to or use of others’ computer or communication systems.
Disclaimers of Liability and Warranties
By using this Web site you hereby agree not to rely on any of the information contained herein. Exoxemiswill use reasonable efforts to include accurate and up-to-date information on this Web site, but Exoxemismakes no warranties or representations of any kind as to its accuracy, currency, or completeness. Exoxemisreserves the right to make changes or improvements to this siteat any time. You agree that access to and use of this Web site and the content thereof is at your own risk. This Web site and the materials, information and services in this Web site, including, without limitation, text, graphics, and links, are provided “as is” and without warranties of any kind, either expressed or implied. To the fullest extent permissible pursuant to applicable law, Exoxemisdisclaims all warranties, expressed or implied, including, but not limited to, warranties of merchantability,fitness for a particular purpose, accuracy, non-infringement, freedom from computer virus and warranties arising from course of dealing or course of performance. Under no circumstances, including, but not limited to, negligence, shall Exoxemis, or any party involved in creating, producing or delivering this Web site, be liable for any damages, including without limitation, direct, incidental, special, consequential, indirect or punitive damages, arising out of access to, use of or inability to use this Web site, or any errors or omissions in the content thereof, even if Exoxemisor a Exoxemisauthorized representative has been advised of the possibility of such damages. These limitations include damages to, or for any viruses that infect, your computer equipment. You (and not Exoxemis) assume the entire cost of all necessary servicing, repair or correction. These limitations shall apply notwithstanding any failure of essential purpose of any limited remedy. Exoxemisdoes not warrant or make any representations regarding the use of or the result of the use of the materials in this site in terms of their correctness, accuracy, reliability or otherwise. The above exclusions and limitations may not apply to you, to the extent that applicable law may not allow the exclusion of implied warranties, or the exclusion or limitation of liability for consequential or incidental damages.
Indemnification
You agree to indemnify, defend, and hold harmless Exoxemis, its officers, directors, employees, agents, licensorsand suppliers from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees and court costs, resulting from any violation of these terms and conditions (including, but not limited to, negligent or wrongful conduct) by you.Exoxemisreserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Exoxemisin asserting any available defenses.
Privacy Statement
Exoxemisrespects the privacy of every individual who visits our Web site or responds to our interactive advertisements. Please see our Privacy Statementthat explains your rights and responsibilities with respect to information that is disclosed on this site.
Termination of This Agreement
Exoxemismay terminate this agreement at any time and without notice to you if, in its sole judgment, you breach any term or condition of this agreement. Upon termination, you must destroy all materials obtained from this Web site.
Miscellaneous
If any provision of this agreement is unlawful, void or unenforceable, the remaining provisions of the agreement will remain in place. This is the entire agreement between you and Exoxemisregarding all aspects of your use of this Web site.