Terms & Conditions
Version 1.0, January 21, 2012
License; Restrictions on Use
You may not use automated systems (e.g., robots, spiders, etc.) to access the Site. You agree not to collect personally identifiable information of other users of the Site or to sell or otherwise exploit that information. You agree not to use the Site in any manner that could damage, disable, overburden, or impair the Site.
Certain Additional Prohibitions
You agree not to do any of the following while using the Site or Content:
Post, publish or transmit any text, graphics, or material that: (i) is false or misleading; (ii) is defamatory; (iii) invades another’s privacy; (iv) is obscene, pornographic, or offensive; (v) promotes bigotry, racism, hatred or harm against any individual or group; (vi) infringes another’s rights, including any intellectual property rights; or (vii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability;
Access, tamper with, or use non-public areas of the Site, MolecularHealth’s computer systems, or the technical delivery systems of MolecularHealth’s providers;
Attempt to probe, scan, or test the vulnerability of any system or network or breach any security or authentication measures;
Attempt to access or search the Site or Content with any engine, software, tool, agent, device or mechanism other than the software and/or search agents provided by MolecularHealth or other generally available third party web browsers (such as Microsoft Internet Explorer or Mozilla Firefox, Apple Safari or Google Chrome);
Send unsolicited email, junk mail, “spam”, or chain letters, or promotions or advertisements for products or services;
Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site or Content to send altered, deceptive or false source-identifying information;
Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site or Content;
Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Site; or
Impersonate or misrepresent your affiliation with any person or entity, including MolecularHealth or any of its affiliates or partners, or with any product of service of MolecularHealth.
Any ideas, copy, proposals, inventions, product and/or service modifications, methodologies, suggestions or similar communications you transmit to the Site by electronic mail or otherwise is, and will be treated as, nonconfidential and nonproprietary. Any such materials becomes the property of MolecularHealth and may be used for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast, posting, developing, manufacturing and marketing products, services, technologies or databases using such information.
Third-Party Web Sites and Content
The Site may contain links to other Web sites (“Third Party Sites”) as well as Third Party Content. Such Third Party Sites and Third Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by MolecularHealth, and MolecularHealth is not responsible for any Third Party Sites accessed through the Site or any Third Party Content posted on, available through or installed from the Site, including, without limitation, the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third Party Sites or the Third Party Content. If you decide to leave the Site and access the Third Party Sites or to view or use any Third-Party Content, you do so at your own risk. You should review the applicable terms and policies, including privacy and data gathering practices, of any Third Party Site to which you navigate from the Site.
You acknowledge and agree that MolecularHealth is not responsible or liable for: (i) the availability or accuracy of any Third Party Site; or (ii) the content, products, or services on or available from such Third Party Sites. Inclusion of, linking to, or permitting the use of any Third Party Site or any Third Party Content does not imply approval or endorsement thereof by MolecularHealth or resources or the content, products, or services available from such Third Party Sites, and does not imply approval or endorsement of MolecularHealth, its products or services, by the owner or operator of such Third Party Sites or the content, products, or services available from such Third Party Sites. You acknowledge sole responsibility for and assume all risk arising from your use of any such Third Party Sites. MolecularHealth makes no representations whatsoever about any such Third Party Sites or Third Party Content that you may access through the Site. When you access a non-MolecularHealth site, please understand that it is independent from MolecularHealth, and that MolecularHealth has no control over the content on such other web site. A hyperlink to a non-MolecularHealth Web site does not mean that MolecularHealth accepts any responsibility for the content, or the use, of the linked web site. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, Trojan horses and other items of a destructive nature. If you decide to access any of the Third Party Sites linked to the Site, you do this entirely at your own risk.
Links to the Site
Without our express, prior and written permission, it is expressly prohibited to: (a) “frame” the Site or any Content thereof or otherwise cause the Site or any Content thereof to appear in a window with any other material that does not constitute Content of the Site; (b) cause the hyperlink to the Site or any Content of the Site to be displayed in any way that is disparaging to MolecularHealth or any entity that is affiliated or associated with MolecularHealth; or (c) otherwise imply or state that any type of relationship or special arrangements exist with MolecularHealth and any other entity.
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to MolecularHealth’s Designated Agent. All inquiries not relevant to the following procedure will not receive a response.
As provided in the Digital Millennium Copyright Act (DMCA), we have designated the following individual for notification of potential copyright infringement regarding the Site:
Torsten Buergermeister, MolecularHealth, A Clinico-Molecular Informatics company, 86 Chambers Street, 7th Floor, New York, NY 10007, Tel. (646) 233-4583, email: firstname.lastname@example.org
If you believe any Content available through the Site infringes a copyright, please provide the following information to the person identified above (17 U.S.C. § 512):
a. A physical or electronic signature of the copyright owner or authorized agent;
b. Identification of the copyrighted work(s) claimed to have been infringed;
c. Identification of the material that is claimed to be infringing or to be the subject of the infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
d. Information regarding how we may contact you (e.g., mailing address, telephone number, e-mail address);
e. A statement that the copyright owner or its authorized agent has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
f. A statement that the information in the notification is accurate, and made under penalty of perjury, and, if an agent is providing the notification, a statement that the agent is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Use of the Site at Your Own Risk
Your access to and use of the Site and Content is at your own risk. MolecularHealth will have no responsibility for any harm to your computer system, loss of data, or other harm that results from your access to or use of the Site or Content.
Accuracy and Integrity of Information
Although MolecularHealth attempts to ensure the integrity and accurateness of the Site, it makes no guarantees whatsoever as to the correctness or accuracy of the Site or the Content. It is possible that the Site could include typographical errors, inaccuracies, and other errors, and that unauthorized additions, deletions and alterations could be made to the Site by third-parties. In the event that an inaccuracy arises, please inform MolecularHealth so that it can be corrected. Information contained on the Site may be changed or updated without notice. MolecularHealth does not guarantee the integrity or accurateness of any content uploaded to the site by any user or by any other third-party, including, but not limited to, the Content, and MolecularHealth shall not be responsible for any content uploaded to the site by any user, or by any other third-party.
Disclaimers; The Site is Available “AS-IS”
The Site may be temporarily unavailable from time to time for maintenance or other reasons. MolecularHealth assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction, or unauthorized access to, or alteration of, user communications or submissions. MolecularHealth is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email on account of technical problems or traffic congestion on the Internet or at the Site or combination thereof, including, but not limited to, injury or damage to your or to any other person’s computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with the Site. Under no circumstances will MolecularHealth be responsible for any loss or damage, including, but not limited to, personal injury or death, resulting from anyone’s use of the Site or the Content posted on or through the Site, or any interactions between users of the Site, whether online or offline.
THE SITE AND ALL CONTENT ARE PROVIDED “AS IS” (WITH ALL FAULTS), WITHOUT WARRANTY, REPRESENTATION OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, MOLECULARHEALTH EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, QUALITY OF INFORMATION, TITLE, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. MOLECULARHEALTH MAKES NO WARRANTY THAT THE SITE, CONTENT, OR SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. MOLECULARHEALTH MAKES NO WARRANTY REGARDING THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED THROUGH THE SITE OR CONTENT, OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SITE OR OF THE CONTENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM MOLECULARHEALTH OR THROUGH THE SITE OR ANY CONTENT WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND HYPERLINKED WEB SITES OR ANY CONTENT, INCLUDING WITHOUT LIMITATION ANY THIRD PARTY CONTENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY MOLECULARHEALTH OR ITS AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. WITHOUT LIMITING THE FOREGOING, MOLECULARHEALTH IS NOT RESPONSIBLE OR LIABLE IN ANY MANNER FOR ANY THIRD-PARTY CONTENT POSTED ON THE SITE OR LINKED TO FROM THE SITE.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MOLECULARHEALTH AND ITS AFFILIATES, VENDORS, LICENSORS AND OTHER THIRD-PARTIES MENTIONED ON THE SITE, AND ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE OR CONTENT, ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE OR ANY CONTENT, OR INFORMATION CONTAINED WITHIN THE SITE, AND/OR ANY HYPERLINKED WEB SITE, OR YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SITE OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, SERVICES, AND/OR HYPERLINKED WEB SITES IS TO STOP USING THE SITE AND/OR THOSE SERVICES, , WHETHER OR NOT MOLECULARHEALTH HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
YOU SPECIFICALLY ACKNOWLEDGE THAT MOLECULARHEALTH IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. FURTHER, MOLECULARHEALTH AND ITS AFFILIATES WILL HAVE NO LIABILITY TO YOU OR TO ANY THIRD PARTY FOR ANY THIRD-PARTY CONTENT POSTED ON OR AVAILABLE FROM THE SITE OR LINKED FROM THE SITE.
THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN MOLECULARHEALTH AND YOU.
Controlling Law and Jurisdiction
MolecularHealth, the MolecularHealth Logo (including with the arrow and disk), Molecular Analysis of Side Effects (MASE), MolecularSafety, MolecularOncology, Clinico-Molecular Informatics Company, Because Precision Matters, and other MolecularHealth graphics, logos, designs, page headers, button icons, scripts and service names are registered trademarks, trademarks or trade dress of MolecularHealth in the U.S. and/or other countries. MolecularHealth’s trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of MolecularHealth. Other trademarks are the property of their respective owners.
Copyright © 2012 Molecular Health AG Dufourstrasse 25, 4010 Basel, Switzerland. All rights reserved.