Incysus reserves the right, in its discretion, to change or modify this Agreement from time to time and at any time by posting such new terms on the Site. All such changes to this Agreement will be effective immediately upon posting and the date of the most recent revisions will appear at the bottom of this page, so check back often. Your use of the Site will constitute your binding acceptance of this Agreement, as amended from time to time. The Site is maintained for your convenient access to information about Incysus, events, benefits, news, promotions and updates as well as industry links, news, travel information, surveys and newsletters. IF AT ANY TIME THE TERMS OF THIS AGREEMENT ARE NO LONGER ACCEPTABLE TO YOU, YOU SHOULD IMMEDIATELY CEASE ALL USE OF THE SITE.
All content, names, likenesses, images, graphics, code and software, photographs, audio and video clips, scripts, links, interactive features and other material (collectively, the “Content”) used on or incorporated into this Site, and the arrangement or integration of all such Content, are either registered trademarks, trademarks, trade names, service marks or otherwise protected property of Incysus, or licensed to Incysus and all rights thereto are specifically reserved. Except as otherwise expressly provided herein, Content on the Site may not be used, copied or imitated without Incysus’s prior written consent in each instance. You agree to comply with and keep intact any copyright notices, trademark notices, information, or restrictions contained in any Content available on or accessed through the Site. Permission is granted to electronically copy and print hard copies of pages from this Site solely for your own personal, non-commercial use, provided that you maintain all copyright and other notices contained on such Content. If you have any question as to whether Incysus owns certain Content contained on this Site, do not download or copy it without first contacting Incysus (e.g., content that appears to have been uploaded by a third party should not be copied or downloaded by you). You may not copy, use, download, modify, frame, publish, transmit, transfer or sell, license, reproduce, create derivative works from, distribute, perform, display, disseminate, post, republish, broadcast, rearrange, redistribute, alter, adapt, crop, re-size, reverse engineer, move, remove, delete or in any way exploit any of the Content, in whole or in part, directly or indirectly, without the prior written consent of the owner thereof, except as expressly permitted in this Agreement or under applicable law. You may not in any way make commercial or other use, by publication, re-transmission, distribution, performance, caching, or otherwise, of material obtained through the Site, including without limitation the Content, except as permitted by the Copyright Act or other law or as expressly permitted in writing by this Agreement, Incysus or on the Site. Except as expressly authorized, the use of any trademarks, trade names, logos or other Content from this Site is strictly prohibited.
This Site may contain typographical errors or inaccuracies and may not be complete or current. Incysus therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice.
Incysus specifically prohibits, and by your use of the Site, you expressly agree not to engage in, the following conduct: the deletion or alteration of any Content posted on this Site by Incysus or a third party; the taking of any action that imposes an unreasonable or disproportionately large load on this Site infrastructure; and using the Site directory information to post or transmit any unsolicited advertising, promotional materials, junk mail, spam, chain letters, telephone calls or other solicitations. You agree not to disrupt, overwhelm, attack, modify, reverse engineer or interfere with the Site or its associated software, hardware and/or servers in any way, and you agree not to impede or interfere with others' use of the Site.
The Site may contain links to websites that are unrelated to us and are owned and operated by third parties (the “third-party sites”). Incysus does not make any representations or warranties about any third-party sites you may access through this Site. These links are provided solely as a convenience to you and do not constitute an endorsement by Incysus or imply that Incysus sponsors, is affiliated or associated with or otherwise recommends, certifies or endorses the third-party sites. Incysus is not responsible for the contents of, or any products or services offered on, any third-party sites. You need to make your own independent decisions regarding your interactions or communications with any other website.
This Site may contain general information relating to various medical conditions and their treatment. Such information is provided for informational purposes only and is not meant to be a substitute for advice provided by a doctor or other qualified health care professional. You should not use the information contained herein for diagnosing a health or fitness problem or disease. You should always consult with a doctor or other health care professional for medical advice or information about diagnosis and treatment.
This Site is not directed at children who are under 18 years of age. It is Incysus’s policy to require that individuals requesting information on this Site be 18 years of age or older.
Should we receive Personal Information from a person who we know is under 18, we will automatically delete such information from our database. The information will not be used for any purpose.
Copyright/Intellectual Property Policy
It is Incysus’s policy, in appropriate circumstances and at its discretion, to disable and/or terminate the accounts of users who may infringe or repeatedly infringe the copyrights or other intellectual property rights of Incysus and/or others.
If you are seeking permission to use Incysus’s trademarks, logos, service marks, trade dress, slogans, screen shots, copyrighted designs, or other Content, features, please contact Incysus Customer Relations at firstname.lastname@example.org.
From time to time, Incysus may use techniques designed to identify fraudulent activities. You agree to cooperate with such efforts as Incysus may, in its sole discretion, deem necessary to identify attempted fraud. You further agree that if, for any reason, you or others acting on your behalf are suspected of fraud or other breach of this Agreement, Incysus may, in its sole discretion, declare you to be in breach of this Agreement, suspend or terminate your use of the Site, and/or seek prosecution to the fullest extent of the law.
Incysus reserves the right, in its sole discretion, to restrict, suspend and/or terminate your access to all or any part of the Site at any time without prior notice or liability for any reason or no reason. Incysus may change, suspend, discontinue or disable all or any aspect of the Site at any time, including the availability of any feature, database, or Content, without prior notice or liability.
You agree that your use and browsing of the Site is at your own risk. If you are dissatisfied with the Site or any Content, or with any of the terms and conditions of this Agreement, your sole and exclusive remedy is to discontinue accessing and using the Site. INCYSUS DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, NOR DOES INCYSUS WARRANT THAT ANY DEFECTS IN THE SITE OR INACCURACIES IN THE CONTENT WILL BE CORRECTED.
WITHOUT LIMITING THE FOREGOING, THE SITE AND ALL OF THE CONTENT AND INFORMATION ON THE SITE ARE PROVIDED TO YOU “AS IS” AND “AS AVAILABLE.” NEITHER INCYSUS, NOR THIRD PARTY CONTENT PROVIDERS AND INCYSUS’S AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, SUCCESSORS AND ASSIGNS WARRANT, EITHER EXPRESSLY OR BY IMPLICATION, THE ACCURACY OF ANY MATERIALS OR INFORMATION PROVIDED ON THE SITE OR THEIR SUITABILITY FOR ANY PARTICULAR PURPOSE, AND EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, WITH RESPECT TO THE SITE, ANY CONTENT OR, IF APPLICABLE, ANY PRODUCTS OR SERVICES PURCHASED OR OBTAINED, DIRECTLY OR INDIRECTLY, THROUGH USE OF THE SITE. YOU EXPRESSLY AGREE THAT THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SITE ARE ASSUMED SOLELY BY YOU. Where applicable law does not allow for the exclusions of implied warranties, the forgoing exclusions may not apply. In such jurisdictions, Incysus’s liability is limited to the greatest extent permitted by law.
ALTHOUGH THE INFORMATION PROVIDED TO VISITORS ON THIS SITE IS OBTAINED OR COMPILED FROM SOURCES INCYSUS BELIEVES TO BE RELIABLE, INCYSUS CANNOT AND DOES NOT GUARANTEE THE ACCURACY, VALIDITY, TIMELINESS OR COMPLETENESS OF ANY INFORMATION OR DATA MADE AVAILABLE TO VISITORS OR ITS SUITABILITY FOR ANY PARTICULAR PURPOSE. NEITHER INCYSUS, NOR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, SUCCESSORS AND ASSIGNS, OPERATIONAL OR PROMOTIONAL PROVIDERS, PROGRAM PRODUCERS OR SPONSORS ARE LIABLE OR SHALL HAVE RESPONSIBILITY OF ANY KIND TO ANY VISITOR FOR ANY LOSS OR DAMAGE THAT A VISITOR INCURS IN THE EVENT OF (I) ANY FAILURE OR INTERRUPTION OF THIS SITE; (II) ANY ACT OR OMISSION OF ANY THIRD PARTY INVOLVED IN MAKING THIS SITE OR THE DATA CONTAINED HEREIN AVAILABLE TO VISITORS; (III) ANY OTHER CAUSE RELATING TO A VISITOR’S ACCESS OR USE, OR INABILITY TO ACCESS OR USE, ANY PORTION OF THIS SITE OR MATERIALS ON THIS SITE; (IV) ANY VISITOR’S INTERACTION OR SUBMISSIONS ON THE SITE; OR (V) FROM ANY VISITOR’S FAILURE TO COMPLY WITH THIS AGREEMENT, WHETHER OR NOT THE CIRCUMSTANCES GIVING RISE TO SUCH CAUSE MAY HAVE BEEN WITHIN THE CONTROL OF Incysus OR OF ANY VENDOR PROVIDING SOFTWARE, SERVICES OR SUPPORT.
IN NO EVENT WILL INCYSUS, ITS MEMBER(S), OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, SUCCESSORS OR ASSIGNS BE LIABLE TO ANY VISITOR FOR ANY DIRECT, SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES OR ANY OTHER LOSS OR DAMAGES OF ANY KIND EVEN IF INCYSUS, ITS AFFILIATES OR ANY OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY THEREOF. PLEASE BE ADVISED THAT ONCE YOU LEAVE THE SITE, YOUR USE OF THE INTERNET WILL BE GOVERNED BY THE TERMS OF USAGE AGREEMENTS AND PRIVACY POLICIES, IF ANY, OF THE PARTICULAR WEBSITE THAT YOU ARE ACCESSING, INCLUDING THOSE OF INCYSUS’S OPERATIONAL PROVIDERS, ADVERTISERS, SPONSORS, AND PROMOTIONAL PARTNERS. NEITHER INCYSUS, NOR ITS MEMBER(S), OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, SUCCESSORS AND ASSIGNS WILL BE RESPONSIBLE OR LIABLE FOR THE CONTENT, ACTIVITIES, OR PRIVACY PRACTICES OF THE OTHER WEBSITES, OR ANY LOSS OR DAMAGE THAT COULD RESULT FROM LEAVING INCYSUS ‘S SITE.
You specifically acknowledge and agree that Incysus and its member(s), officers, directors, employees, agents, contractors, successors and assigns are not liable for any defamatory, offensive or illegal conduct of any user. In addition, while Incysus intends to take reasonable steps to prevent the introduction of viruses or other destructive materials to the Site, Incysus does not warrant, guarantee or make any representations that the Site, or any Content available for downloading on the Site, will be free of viruses, robots, spiders or other destructive materials and Incysus shall not be liable for any such destructive materials that may infect your computer equipment or other property on account of your access to, use of, or browsing in the Site or the server that makes it available, or your downloading of any Content from the Site.
Incysus will not be responsible for delays or failures in performing any obligations under the terms of this Agreement, whether or not due to any cause beyond Incysus’s reasonable control.
You agree to defend, indemnify, and hold harmless Incysus, its affiliates, and its and their respective members, officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from (i) any information you submit, transmit or otherwise make available through the Site, (ii) your use of the Site, or (iii) your breach of the terms of this Agreement.
Restrictions on Use of Material
Except as expressly permitted, you agree not to use the Site for sale, trade or other commercial purposes, and, you may not modify, copy, publish, display, transmit, adapt or in any way exploit the Content on the Site. Only if you obtain prior written consent from us – and from all other entities with an interest in the relevant intellectual property – (in each instance) may you publish, display or commercially exploit any material from the Site. To seek Incysus’s permission, you may write to us at the address provided below. If permission is granted by Incysus and by all other entities with an interest in the relevant intellectual property, you may not change or delete any author attribution, trademark, legend or copyright notice. Without limiting the foregoing and for the avoidance of doubt, you must abide by all additional copyright notices and other restrictions contained on the Site.
Incysus does not solicit nor does it wish to receive any confidential, proprietary or trade secret information or other material from you through this Site or Incysus mail and e-mail addresses, or in any other way. Please note that any information, materials, suggestions, ideas or comments (collectively, the “Unsolicited Materials”) sent to Incysus will be deemed non-confidential. By submitting or sending any such Unsolicited Materials to us, you represent and warrant that the information is original to you and that no other party has any rights to the Unsolicited Materials. Accordingly, any Unsolicited Material will become and remain the property of Incysus.
User’s Grant of Limited License
By communicating with Incysus, including submitting or sending Unsolicited Materials or other information or material to the Site, you grant Incysus the royalty-free, unrestricted, world-wide, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license to use, post, copy, reproduce, distribute, transmit, display, transfer, sell, perform, adapt, publish, sell, translate and create derivative works from such Unsolicited Materials (in whole or part) and otherwise exploit the Unsolicited Materials, including any information, suggestions, ideas, drawings or concepts contained in such Unsolicited Materials, worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, with or without attribution to you. You will remain responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of such submitted material or other communication to Incysus. You represent and warrant that by submitting the Unsolicited Materials you agree to waive any “moral rights” you may have in the Unsolicited Materials.
For the avoidance of doubt, you irrevocably grant to us the royalty-free, unrestricted, world-wide, perpetual, non-exclusive and fully sub-licensable right to exploit your image, photo, likeness, voice, performance, in whole or in part, and any other Unsolicited Materials you post on the Site or submit to us in connection with any and all publicity and advertising for and promotion of the Site and Incysus, and in connection with Incysus's exercise of any other rights granted hereunder as Incysus determines in its sole discretion. You hereby release Incysus from and against any and all claims, damages or liabilities arising from or relating to the use of such Unsolicited Materials, image, photo, likeness, voice and performance as set forth in this Agreement.
Limitation of Liability
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, INCYSUS, ITS SUBSIDIARIES AND/OR RELATED ENTITIES, AND ANY THIRD PARTY CONTENT PROVIDERS, AND INCYSUS’S AND THEIR RESPECTIVE MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, SUCCESSORS AND ASSIGNS, ARE NOT LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, INDIRECT, PUNITIVE OR SIMILAR DAMAGES ARISING OUT OF YOUR ACCESS TO, OR USE OF, OR INABILITY TO ACCESS OR USE THIS SITE, INCLUDING WITHOUT LIMITATION, DAMAGES FOR HARM TO BUSINESS, LOST PROFITS, LOST SAVINGS, OR LOST REVENUES, HOWEVER SUCH DAMAGE IS CAUSED AND WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER THEORY OF LIABILITY. THE FOREGOING LIMITATIONS SHALL APPLY REGARDLESS OF WHETHER INCYSUS, INCYSUS’S AFFILIATES, SUBSIDIARIES AND/OR RELATED ENTITIES, ANY THIRD-PARTY CONTENT PROVIDER, OR ANY OF INCYSUS’S OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, SUCCESSORS AND ASSIGNS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN THE EVENT YOU TRANSMIT, INTRODUCE, OR OTHERWISE CAUSE ANY TECHNICAL DISRUPTION OF THE SITE OR THE SERVICES TRANSMITTING THE SITE TO YOU, YOU AGREE TO BE RESPONSIBLE FOR ANY AND ALL LIABILITIES AND COSTS AND EXPENSES (INCLUDING ATTORNEYS’ FEES AND EXPENSES) ARISING FROM ANY AND ALL CLAIMS BROUGHT BY THIRD PARTIES BASED UPON SUCH TECHNICAL DISRUPTIONS. “TECHNICAL DISRUPTION” INCLUDES DISTRIBUTION OF UNSOLICITED ADVERTISING OR CHAIN LETTERS, PROPAGATION OF COMPUTER WORMS, VIRUSES OR OTHER HARMFUL CODE, AND/OR USING THE SITE TO MAKE UNAUTHORIZED ENTRY TO ANY OTHER MACHINE ACCESSIBLE VIA THE SITE. YOU ARE FURTHER SOLELY RESPONSIBLE FOR THE CONTENT OF ANY TRANSMISSIONS USING THE SITE AND AGREE NOT TO UPLOAD, POST OR OTHERWISE MAKE AVAILABLE ON THE SITE ANY MATERIAL PROTECTED BY A PROPRIETARY RIGHT OF A THIRD PARTY WITHOUT FIRST OBTAINING THE EXPRESS PERMISSION OF THE OWNER OF SUCH PROPRIETARY RIGHT. YOU SHALL BE SOLELY LIABLE FOR ANY DAMAGES, LOSSES, COSTS OR EXPENSES (INCLUDING ATTORNEYS’ FEES AND EXPENSES) ARISING OUT OF INFRINGEMENT OF PROPRIETARY RIGHTS OR ANY OTHER HARM ARISING FROM THE UPLOADING, POSTING OR OTHER SUBMISSION OF MATERIALS BY YOU.
Void Where Prohibited
This Site and its contents are intended to comply with the laws and regulations in the U.S. Although the information on this Site is accessible to users outside of the U.S., the information pertaining to Incysus is intended for use only by residents of the U.S. Other countries may have laws, regulatory requirements and medical practices that differ from those in the U.S. If you choose to access this Site from a location outside the US, you do so on your own initiative and you are responsible for compliance with local laws. This site may link to third-party sites produced by entities outside the U.S. Those third-party sites may have information that is appropriate only to that particular originating country. Incysus reserves the right to limit provision of its services to any person, geographic region or jurisdiction and/or to limit the quantities or any products or services we provide. Any offer for any service made on this Site is void where prohibited.
Governing Law and Location for Resolving Disputes
You agree that the terms of this Agreement, your use of the Site, and any claim or dispute that you may have against us, shall be construed in accordance with the internal laws of the State of New York without regard to its conflict of laws, and you and Incysus irrevocably consent, in connection with any action to enforce this Agreement, to the jurisdiction of the federal and state courts located in New York, New York and that the United Nations Convention on Contracts for the International Sale of Goods shall have no applicability.
You agree that any disputes or claims that you may have against us will be (except as stated below) finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party shall be final and binding on the other. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available that the AAA web site www.adr.org. The determination of whether a dispute is subject to arbitration shall be governed by the Federal Arbitration Act and determined by a court rather than an arbitrator. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Rules and, where appropriate, limited by the AAA Consumer Rules. If such costs are determined by the arbitrator to be excessive, Incysus will pay all arbitration fees and expenses. The arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator will make a decision in writing, and will provide a statement of reasons if requested by a party. Except as otherwise provided in this Agreement, you and Incysus may litigate in court to compel arbitration, stay proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.
Severability and Integration
Last updated as of May 25, 2018.