Last Updated: November 12, 2018
YOUR USE OF THE SITE IS SUBJECT TO AN ARBITRATION PROVISION AS SET FORTH BELOW, REQUIRING ALL CLAIMS TO BE RESOLVED BY WAY OF BINDING ARBITRATION.
1. PURPOSE OF SITE. This Site is for informational purposes only. This Site and its contents herein should not be used by you for diagnosing a health or fitness problem or disease. For further information about Humanigen products, please consult your physician or medical advisor.
2. USE OF HUMANIGEN CONTENT; INTELLECTUAL PROPERTY. The content of this Site, including but not limited to the information, materials, images and product names, as well as the Site design, layout, look, appearance, an graphics on the Site (the “Humanigen Content”), are owned by or licensed to Humanigen and are protected under applicable copyright, trademark, and other intellectual property laws. Unless otherwise identified as being owned by another entity, all product names identified by ™ or ® symbols are trademarks owned by or licensed to Humanigen or its affiliates. The Humanigen Content may not be copied, downloaded and stored in a retrieval system, modified, redistributed, or republished in any way, except that you may download one (1) copy of the Humanigen Content for your personal informational and noncommercial use only, as long as all copies of the Content retain all copyright, trademark, and other proprietary notices and disclaimers.
Your access to this Site is provided on a temporary basis with no guarantee for future availability. We reserve the right to withdraw or modify any content or products we provide on the Site without notice.
3. HYPERLINK SITES. This Site contains hypertext links to other websites (“Hyperlink Sites “). Hyperlink Sites are not Humanigen websites. If you access a Hyperlink Site you do so at your own risk. Humanigen does not control or endorse any Hyperlink Site, including its content. Humanigen makes no representations or warranties whatsoever as to a Hyperlink Site including but not limited to a Hyperlink Site’s availability or its content. Humanigen IS NOT RESPONSIBLE FOR THE CONTENT ON THE INTERNET OR WEB PAGES THAT ARE CONTAINED OUTSIDE THE SITE. Your correspondence or business dealings with, or participation in promotions of, third parties found on or through the Site, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such user, advertiser, or partner. You agree that we are not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third parties on the Site.
4. Your Content and Suggestions.
The Site includes features that involve information that you upload, submit, or send through the Site (e.g., blog comments) (“Your Content”). This section provides the terms and conditions governing your use of such features.
We welcome your comments regarding the Site, Humanigen Content, and our products. In addition to the license you grant to us in this Section for Your Content, if you elect to provide or make available suggestions, comments, ideas, improvements, or other information or materials to us in connection with or related to the Site and Humanigen’s products (including any related technology), whether you send such information or materials to us through the Site or through a separate communication channel, you grant us a non-exclusive, perpetual, royalty-free, irrevocable right to use, disclose, reproduce, modify, license, transfer, and otherwise distribute, and exploit any such information or materials in any manner. Please do not send us such information or materials, if you do not wish to grant us the rights set forth in this Section.
You agree that you will not use the Site to send, post, or publish:
i. Any content that is obscene, defamatory, threatening, harassing, abusive, slanderous, racially, or ethnically offensive, hateful, or embarrassing to any other person or entity;
ii. Any message, data, code, or software that would violate our, or any third party, proprietary, or intellectual property rights, including unauthorized copyright text, images, programs, trade secrets, or other confidential proprietary information, or use trademarks or service marks in an infringing fashion;
iii. Any personal information of a third party, or images that include a third party or depict a third party’s likeness, without the third party’s express, written consent;
iv. Any advertisements or solicitations of business, chain letters, pyramid schemes, or bulk e-mail lists or upload;
v. Any materials that violate, could cause us or a third party to violate, or encourage us or a third party to violate any applicable law, statute, ordinance, or regulation; or
vi. Any content or communications intended to impersonate someone else.
Humanigen may suspend or terminate, in whole or in part, your access to the Site and the related services if you violate the terms and conditions set forth in this Section.
5. Other Restrictions on Your Use of the Site.
In addition to complying with terms and conditions in the previous section concerning Your Content, you agree that when using the Site, you will not:
Delete, modify, or attempt to change or alter any of the Humanigen Content or notices on the Site;
Introduce into the Site any virus, rogue program, time bomb, drop dead device, back door, Trojan horse, worm or other malicious or destructive code, software routines, denial of service attack, or equipment components designed to permit unauthorized access to the Site, or to otherwise harm other users, Humanigen Content, or any third parties, or perform any such actions;
Use the Site to commit fraud or conduct other unlawful activities, including using stolen payment information to make a purchase;
Access or attempt to access any other person’s account, information, or content without permission;
Copy, modify, create derivative works, reverse engineer, decompile, disassemble, or otherwise attempt to learn the source code, structure, or ideas upon which the Site is based;
Use any bot, spider, or other automatic or manual device or process for the purpose of harvesting or compiling information on the Site for any reason;
Use any Humanigen Content made available through the Site in any manner that misappropriates any trade secret or infringes any copyright, trademark, patent, rights of publicity, or other proprietary right of any party;
Decrypt, transfer, frame, display, or translate (except translations for personal use) any part of the Site;
Connect to or access any Humanigen computer system or network without authorization; or
Use the information in the Site to create or sell a similar service.
Humanigen may suspend or terminate, in whole or in part, your access to the Site and the related services if you violate the terms and conditions set forth in this Section. If your violation of this Agreement is related to the purchase of a product on the Site, Humanigen may also cancel or void any related purchase order.
You have the right to defend and compromise such claim at your expense for the benefit of Humanigen and its subsidiaries, affiliates, officers, agents, and other partners and employees, provided, however, you will not have the right to obligate such parties in any respect in connection with any such settlement without the written consent of the indemnified party. Notwithstanding the foregoing, if you fail to assume you obligation to defend, Humanigen may do so to protect its interests and you will reimburse all costs incurred by Humanigen in connection with such defense.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial.
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