Effective as of October 21, 2009
TERMS AND CONDITIONS OF USE
Use of this Web site (the “Site”) is conditioned upon your acceptance of the terms and conditions below. By accessing or using this Site and any of the content or services provided through the Site, you acknowledge that you have read, understand and agree to these terms and conditions. These terms and conditions are subject to change from time to time, so you should review these terms and conditions for changes periodically. Use of the Web site after such changes constitutes your acceptance of the terms and conditions in effect at the time of such use.
PRIVACY
Your use of the Site will be governed by the Palkion Privacy Policy. By indicating you accept these Terms and Conditions, you also indicate that you understand and consent to the information collection, use, and disclosure practices described in our Privacy Policy.
Please note that the Site is not designed for children under 13 years old. Accordingly, Palkion will not knowingly collect or maintain personal information from children under 13 through the Site.
RESTRICTIONS ON USE OF MATERIALS
This Site is owned and operated by Palkion, Inc. (“Palkion”). No material from this Site or any Web site owned, operated, licensed, or controlled by Palkion may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy of the materials on any single computer for your internal non-commercial use only, provided that you keep intact all copyright and other proprietary notices. Modification of the materials or use of the materials for any other purpose is a violation of Palkion’s copyright and other proprietary rights. For purposes of these terms, the use of any such material on any other Web site or networked computer environment is prohibited. Any product, process or technology described in this Web site may be the subject of other intellectual property rights reserved by Palkion or its affiliates and are not licensed hereunder. You have no right, title or interest (and no copyright, trademark or other intellectual property right) in or to the Site or any materials and you agree not to “frame” or “mirror” the Site.
THIRD-PARTY INFORMATION AND MATERIALS
This Site contains information and materials that third parties have provided to Palkion (“Third-Party Content”). Palkion does not independently verify Third-Party Content, makes no representation as to its accuracy, and assumes no responsibility for your use of the Third-Party Content and any consequences of that use, including, without limitation, any results obtained or not obtained by you or any injuries that you may sustain as a result of its use.
LINKS
This website may be linked to other sites on the World Wide Web that are not under the control of or maintained by Palkion. Such links do not constitute an endorsement by Palkion of any such sites. You acknowledge that Palkion is providing these links to you only as a convenience, and you agree that Palkion is not responsible for the content or links displayed on such sites to which you may be linked.
If you would like to link to this Website, you may only do so on the basis that you link to, but do not replicate, the home page of this Website, and subject to the following conditions:
- you do not remove, distort or otherwise alter the size or appearance of the Palkion logo;
- you do not create a frame or any other browser or border environment around this Web site;
- you do not in any way imply that Palkion is endorsing any products or services other than its own;
- you do not misrepresent your relationship with Palkion nor present any other false information about Palkion;
- you do not otherwise use any Palkion trademarks displayed on this Website without express written permission from Palkion;
- you do not link from a website that is not owned by you; and
- your website does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.
Palkion expressly reserves the right to revoke the right granted in this paragraph for breach of these terms and to take any action it deems appropriate. You shall fully indemnify Palkion for any loss or damage suffered by Palkion or any of its group companies for breach of this paragraph.
NO WARRANTY
THE SITE AND MATERIALS IN THIS SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED IN CONNECTION WITH THIS SITE. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, PALKION DISCLAIMS ALL WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. PALKION DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, COMPLETENESS OR OTHERWISE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
PALKION MAKES NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, (a) THAT THE INFORMATION PROVIDED THROUGH THE SITE WILL BE FREE FROM ERROR, OMISSION, INTERRUPTION, DEFECT, OR DELAY IN OPERATION, OR FROM TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS; (b) THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (c) THAT DEFECTS OR ERRORS IN THE SITE WILL BE CORRECTED; OR (d) THAT THE CONTENT ON THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
ANY INFORMATION ON THIS SITE IS SUBJECT TO CHANGE WITHOUT NOTICE, AND PALKION DISCLAIMS ALL RESPONSIBILITY FOR THESE CHANGES.
RESTRICTED RIGHTS LEGEND
Use, duplication, or disclosure by the United States Government is subject to the restrictions set forth in DFARS 252.227-7013 (c)(l)(ii) and FAR 52.227-19.
TRADEMARKS
“Palkion” and all products denoted with™ or ® are trademarks or registered trademarks of Palkion.
All rights in the product names, company names, trade names, logos, product packaging, and designs of all Palkion or third-party products or services, whether or not appearing in large print or with the trademark symbol, belong exclusively to Palkion or their respective owners and are protected from reproduction, imitation, dilution, or confusing or misleading uses under national and international trademark and copyright laws. The use or misuse of these trademarks or any materials, except as permitted herein, is expressly prohibited, and nothing stated or implied on the Site confers on you any license or right under any patent or trademark of Palkion or any third party.
LIMITATION OF LIABILITY
PALKION WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, ANY SPECIAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING FROM OR CONNECT WITH THE SITE, INCLUDING THE USE OF OR THE INABILITY TO USE THE MATERIALS IN THIS SITE, EVEN IF PALKION, A PALKION AFFILIATE, OR AN AUTHORIZED REPRESENTATIVE OF EITHER OF THEM, HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL PALKION’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED THE AMOUNT PAID TO PALKION, IF ANY, FOR ACCESSING THIS SITE. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
JURISDICTION AND OTHER MATTERS
This Site is controlled and operated by PALKION from its offices within the State of California, United States of America. Palkion makes no representation that materials in the Site are appropriate or available for use in other locations. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
These terms shall be governed by and construed in accordance with the laws of the State of California as applied to agreements entered into and fully performed therein by residents thereof. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the state or federal courts located in the San Diego, CA and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.
This is the entire agreement between you and Palkion and governs your use of the Site, superseding any prior agreements between you and Palkion with respect to the Site. You will be subject to any additional terms and conditions that will apply when you use or purchase Palkion services and products.