TERMS OF SERVICE

Hologenix, LLC (“Hologenix”) has the right at any time to change or discontinue any aspect or feature of the site, including, without limitation, the content, hours of availability, and equipment needed for access or use of the site. Use of this site is solely at Hologenix’s discretion, and Hologenix reserves the right to prohibit anyone from accessing, browsing, supplying information to, downloading information from, or conducting business on this site.

The site contains copyrighted material, trademarks and other proprietary information, including, without limitation, text, software, photos, video, graphics, music and sound, and the contents of the site are copyrighted under the United States copyright laws and international treaties (“Information”). You are not granted any rights in or to this site or any Information, other than the limited right described in these terms and according to the policies and procedures that Hologenix may adopt and make available on this site from time to time, including the Privacy Policy below.

The Information may be supplied by Hologenix or third parties and users of the site. Any opinions, advice, statements, or other information or content expressed or made available by third parties are those of the respective author(s) or distributor(s) and not of Hologenix. In many instances, the content available through the site represents the opinions and judgments of the respective information provider or user. Hologenix neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on the site by anyone other than authorized Hologenix spokespersons acting in their official capacities.

The content of this site is general and is provided for informational purposes only; Hologenix products are not intended nor recommended as a substitute for professional medical advice or treatment. Always seek the advice of your physician or other qualified health provider regarding any medical condition or treatment, and do not disregard medical advice or delay seeking it because of anything you read on this site. Hologenix has never applied for, and therefore has not received any approval from, or had its products determined to be safe by any regulatory agency.

You agree (i) to comply with all applicable laws and regulations regarding your use of this site and the Information, (ii) not to retransmit, publicly display, sell or use the Information provided other than solely for your internal business purposes, (iii) not to alter or remove any of the Information or any consent or other proprietary notice or legend on any of the Information, (iv) not to post or transmit through the site any material that violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, gives rise to civil liability or otherwise violates any law, (v) not to post or transmit through the site any material which contains advertising or any solicitation with respect to products or services without Hologenix’s express prior approval, and (vi) not to use the site to advertise or perform any commercial solicitation. Any conduct by you that in Hologenix’s discretion restricts or inhibits any other user from using or enjoying the site will not be permitted.

Business associates or customers providing or using Information that is made available on this site are solely responsible for the accuracy and content of the Information supplied or used and agree not to supply any Information that infringes the intellectual property rights of any other party or that is misleading, fraudulent, defamatory, libelous, threatening, harassing, injurious to minors, pornographic, obscene or illegal.

By providing Information to Hologenix for posting on the site or transmitting any Information to the site, you grant to Hologenix and its successors and assigns a non-exclusive, worldwide, royalty-free, perpetual, irrevocable license to (i) use, reproduce, distribute, create derivative works of, display, and broadcast that Information; (ii) authorize specified third parties to use, reproduce, distribute, download, create derivative works of and print such Information for their own internal business purposes; and (iii) otherwise use such Information in any manner consistent with Hologenix’s Privacy Policy.

While it may monitor, remove or delete transmissions to this site, Hologenix is under no obligation to monitor, remove or delete any transmissions. Hologenix exercises no editorial review and assumes no responsibility for misleading, fraudulent, defamatory, libelous, threatening, harassing, pornographic, obscene or illegal Information supplied to this site; provided, however, that Hologenix may take any action with respect to any Information that Hologenix deems in its sole discretion is necessary or appropriate, including the deletion of any such Information. You agree to promptly report any suspicious or unauthorized use of this site to Hologenix. Hologenix reserves the right to monitor any and all activity on this site and Hologenix may notify the proper law enforcement officials if any suspicious activity is detected.

This site may provide links to other Internet sites. Such links are provided as a service to users and are not sponsored by, endorsed or otherwise affiliated with this site or with the products and services of Hologenix. Hologenix is not responsible for the availability of such other sites and is not responsible or liable for any content, products or other materials available on such other sites. Further, Hologenix reserves the right to terminate any link at any time. Hologenix does not author, edit, or monitor these unofficial pages or links. You acknowledge and agree that Hologenix shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any information, goods or services available on or through any such site. If you decide to access any of the third party sites linked to this site, you do this entirely at your own risk.

If you believe that your copyright in any material has been infringed by Hologenix, please provide our Agent for Notice, on file with and obtainable from the U.S. Copyright Office, with all of the following information (i) a description of the copyrighted work you claim has been infringed, (ii) a description of the material that you claim is infringing, identified with sufficient detail for Hologenix to locate it on the site, (iii) your address, telephone number and e-mail address, (iv) a statement by you that you have a good faith belief that the disputed use is not authorized, (v) a statement by you declaring under penalty of perjury that the above information is true and that you are the owner of the copyrighted interest or authorized to act on the copyright owner’s behalf and (vi) a physical or electronic signature of the person authorized to act on behalf of the copyright owner’s interest.

YOUR USE OF THIS SITE, ANY OF THE SERVICES OR ANY OF THE INFORMATION IS AT YOUR OWN RISK. THIS SITE, THE SERVICES AND THE INFORMATION ARE PROVIDED “AS-IS” AND “AS-AVAILABLE.” HOLOGENIX HEREBY DISCLAIMS ANY AND ALL WARRANTIES WITH RESPECT TO THE SITE AND THE INFORMATION, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, SATISFACTION, FITNESS FOR PARTICULAR PURPOSE, COMPLETENESS, ACCURACY, RELIABILITY, QUALITY, TIMELINESS, UNINTERRUPTED USE, TITLE AND NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT MAY VARY BY JURISDICTION.

YOU HAVE THE SOLE RESPONSIBILITY FOR VERIFYING THE COMPLETENESS, ACCURACY, RELIABILITY, QUALITY AND TIMELINESS OF ALL INFORMATION AND SERVICES MADE AVAILABLE ON THIS SITE. HOLOGENIX MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT THE INFORMATION, SERVICES OR MATERIALS MADE AVAILABLE BY ITS BUSINESS ASSOCIATES OR ITS CUSTOMERS. LINKING TO OTHER WEB SITES FROM THIS SITE IS AT YOUR OWN RISK.

YOU HEREBY IRREVOCABLY RELEASE HOLOFIBER FROM ANY AND ALL LIABILITY FOR ANY DAMAGE, LOSS, LIABILITY OR EXPENSE THAT YOU MAY SUFFER OR INCUR AS A RESULT OF OR ARISING FROM YOUR USE OF THIS SITE OR THE INFORMATION. UNDER NO CIRCUMSTANCES WILL HOLOFIBER BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR INCIDENTAL DAMAGES, WHETHER FORESEEABLE OR UNFORESEEABLE, BASED ON YOUR CLAIMS OR THE CLAIMS OF YOUR CUSTOMERS (INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR LOSS OF DATA, GOODWILL, PROFITS, USE OF MONEY, INTERRUPTION IN USE OR AVAILABILITY OF THE SITE, THE SERVICES OR THE INFORMATION, STOPPAGE OF OTHER WORK OR IMPLEMENTATION OF OTHER ASSETS), ARISING OUT OF YOUR USE OF THE SITE, ANY SERVICE OR ANY INFORMATION, BREACH OR FAILURE OF EXPRESS OR IMPLIED WARRANTY, BREACH OF CONTRACT, MISREPRESENTATION, NEGLIGENCE, STRICT LIABILITY IN TORT OR OTHERWISE. THIS PARAGRAPH WILL NOT APPLY ONLY WHEN AND TO THE EXTENT THAT APPLICABLE LAW REQUIRES LIABILITY BEYOND AND DESPITE THE FOREGOING DISCLAIMER AND LIMITATION.

You agree to defend, indemnify and hold Hologenix harmless from and against any damage, loss, liability or expense (including reasonable attorney’s fee) that Hologenix may suffer or incur as a result of any claim attributable to or based upon your use of this site or any of the Information. If for any reason you are not satisfied with this site or the Information, your sole remedy is to cease using this site or the Information.

Nothing in these terms and conditions will be construed to make Hologenix or its business associates, customers or you an agent, employee, joint venturer, partner, franchisee-franchisor or legal representative of any of the others. None of us will either have, or represent itself to have, any authority to bind another to any obligation.

If any provision of these terms and conditions is held to be unenforceable, this holding will not affect the validity of the other provisions. Hologenix controls and operates this site from our offices in Santa Monica, California. These terms and conditions, and your use of the site, will be governed by and interpreted in accordance with the laws of the State of California, U.S.A., excluding its conflicts-of-law rules. Any controversy or dispute will be submitted to the state or federal courts in and for Santa Monica, California. You hereby consent to the personal jurisdiction of the State of California, acknowledge that venue is proper in any state or Federal court in the State of California, and waive any objection that may exist, now or in the future, with respect to any of the foregoing. These terms and conditions constitute the complete and exclusive statement of the terms, conditions and representations of the agreement between us with respect to this site and the Information and supersedes all other agreements with respect to the subject matter hereof.

Hologenix may change these terms and conditions from time to time and at any time, without actual notice to you. In the event of a change, Hologenix will post the revised version to our web site. Any access to or use of the site after such an update, will be deemed consent to such update. You are therefore encouraged to refer back to this page regularly.

The foregoing provisions are for the benefit of Hologenix, its subsidiaries, affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.