Terms and Conditions Governing the Use of Our Website
Welcome to the telephusbio.com website (“Website”). Telephus Biosciences LLC (“Telephus”) created and maintains this website to provide information to and communicate better with potential customers and investors, and others who may be interested in learning more about Telephus and the products and services it offers. You may use this website, provided you comply with these terms and conditions.
Your Acceptance of These Terms and Conditions
PLEASE TAKE A FEW MINUTES TO CAREFULLY REVIEW THESE TERMS AND CONDITIONS. BY ACCESSING AND USING THIS WEBSITE YOU AGREE TO FOLLOW AND BE BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO FOLLOW AND BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS, USE OR DOWNLOAD MATERIALS FROM THIS WEBSITE.
These Terms and Conditions May Change
Telephus reserves the right to update or modify these terms and conditions at any time without prior notice. Your use of this Website following any such change constitutes your agreement to follow and be bound by the terms and conditions as changed. For this reason, we encourage you to review these terms and conditions every time you use this Website.
Copyright Notice and Limited License
Everything you see and hear on this Website (the “Content”), including, for example, all of the text, directories, photographs, illustrations, graphics, audio clips, video clips, and audio-video clips, is copyrighted under United States law and applicable international copyright laws and treaty provisions. The copyrights for the Content are owned by Telephus or by one of its affiliates, or by third parties who have licensed their materials to Company. The entire Content of this website is copyrighted as a collective work under United States law and applicable international copyright laws and treaties. Telephus owns the copyright in the selection, coordination, arrangement and enhancement of the Content. You may download, store, print, and copy selected portions of the Content of this Website, provided you:
- Only use the Content you download for your personal, noncommercial use or to further your business dealings with Company
- Do not publish or post any part of the Content on any other Internet site without obtaining the prior written consent of Company
- Do not publish or broadcast any part of the Content in or on any other media without obtaining the prior written consent of Company
- Do not modify or alter the Content in any way or delete or modify any copyright or trademark notices or notices of confidentiality
No right, title or interest in the downloaded Content is transferred to you when you download Content from this Website. Telephus reserves all intellectual property rights in any Content you download from this Website. Except as expressly stated above, you may not copy, download, print, publish, display, perform, distribute, transmit, transfer, translate, modify, add to, update, compile, abridge or in any other way transform or adapt all or any part of the Content without first obtaining written permission from Company.
Digital Millennium Copyright Act Compliance.
Telephus respects the intellectual property rights of others and does not permit copyright infringing activities on the Website. If you are a copyright owner or an agent thereof, and you believe that any content hosted on the Website infringes your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Designated Copyright Agent with the following information in writing (see 17 U.S.C. § 512(c)(3) for further detail):
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Website are covered by a single notification, a representative list of such works at the Website;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Telephusto locate the material;
- Information reasonably sufficient to permit Telephusto contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
- A statement that the complaining party 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
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
The Telephus Designated Copyright Agent to receive notifications of claimed infringement can be reached as follows: Copyright Agent at 34 Emerald Glen, Laguna Niguel, CA , 92677, or by email at email@example.com. For clarity, only DMCA notices should go to the Telephus Designated Copyright Agent. Any other feedback, comments, requests for technical support or other communications should be directed to Telephus through firstname.lastname@example.org. You acknowledge that if you fail to comply with all of these requirements, your DMCA notice may not be valid.
All of the trademarks, service marks and logos displayed on this Website (the “Trademark(s)”) are registered and unregistered trademarks of Company, one of its affiliates, or third parties who have licensed their Trademarks to Telephus or one of its affiliates. Except as expressly stated in these terms and conditions, you may not reproduce, display or otherwise use any Trademark without first obtaining written permission from Telephus.
Links to Other Websites
This site may contain hyperlinks to websites that are not operated directly by Company. These hyperlinks are provided for your reference and convenience only, and do not imply any endorsement of the material or services provided on these third-party websites or any association with their operators. Telephus does not review or control these websites and is not responsible for their content. Telephus expressly disclaims any responsibility for the content of any third party websites linked to the Telephus Website or the products or services of such third party. These third-party websites (and the websites to which they link) may contain information that is inaccurate, incomplete, or outdated. Telephus does not make any representations regarding the content or accuracy of materials on such non-Telephus websites or the products or services of any third party operating such websites. Your access and use of these websites (and the websites to which they link) is solely at your own risk.
Because different countries around the world have different laws and regulatory requirements, some devices are available in some countries and not in others. This Website contains references or cross references to Telephus products, programs and services that may not be available or announced in your country. These references do not imply that Telephus intends to announce such products, programs or services in your country. Consult Telephus directly if you have questions about which products, programs and services may be available to you in your area.
Disclaimer of Warranties
THIS WEBSITE IS PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT POSSIBLE PURSUANT TO APPLICABLE LAW, TELEPHUSAND ITS AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESSED, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. WITHOUT LIMITING THE FOREGOING, TELEPHUSDOES NOT REPRESENT OR WARRANT THAT THIS WEBSITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION OR THAT ITS OPERATION WILL BE UNINTERRUPTED OR ERROR FREE. TELEPHUSDOES NOT REPRESENT OR WARRANT THAT THE CONTENT OF THIS SITE IS FREE OF VIRUSES, WORMS OR OTHER CODE THAT MAY MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES. IF YOUR USE OF THE WEBSITE OR THE MATERIALS RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, TELEPHUSIS NOT RESPONSIBLE FOR THOSE COSTS. USERS ARE RESPONSIBLE FOR PROTECTING THEMSELVES BY INSTALLING, UPDATING AND RUNNING ANTI-VIRUS PROGRAMS. INFORMATION PUBLISHED ON THIS WEBSITE MAY BE INCOMPLETE OR OUTDATED AND MAY CONTAIN INACCURACIES OR TYPOGRAPHICAL ERRORS. TELEPHUSDOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, VALIDITY, ACCURACY, CURRENCY, RELIABILITY OR COMPLETENESS OF, OR THE RESULTS OF THE USE OF, OR OTHERWISE RESPECTING THIS WEBSITE OR ANY INFORMATION, MATERIALS, SERVICES, SOFTWARE, TEXT, GRAPHICS AND LINKS CONTAINED ON OR ACCESSED THROUGH THIS WEBSITE. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU. TELEPHUSMAKES NO CLAIMS THAT THE MATERIALS ARE APPROPRIATE OR MAY BE DOWNLOADED OUTSIDE OF THE UNITED STATES. ACCESS TO THE MATERIALS MAY NOT BE LEGAL BY CERTAIN PERSONS OR IN CERTAIN COUNTRIES. IF YOU ACCESS THE WEBSITE FROM OUTSIDE OF THE UNITED STATES, YOU DO SO AT YOUR OWN RISK AND ARE RESPONSIBLE FOR COMPLIANCE WITHIN THE LAWS OF YOUR JURISDICTION.
Limitation of Liability
YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK. UNDER NO CIRCUMSTANCES SHALL COMPANY, ITS AFFILIATES OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY DIRECT OR INDIRECT LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THIS WEBSITE OR YOUR RELIANCE ON ANY INFORMATION PROVIDED ON THIS WEBSITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND WHATSOEVER, WHETHER DIRECT OR INDIRECT, GENERAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR OTHERWISE, INCLUDING WITHOUT LIMITATION TO, LOSS OF DATA, REVENUE OR PROFITS. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER BASIS AND EVEN IF AN AUTHORIZED REPRESENTATIVE OF TELEPHUSOR ITS AFFILIATES HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF TELEPHUSAND/OR ITS AFFILIATES UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED ($100.00) DOLLARS.
YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, FROM AND AGAINST ANY CLAIMS, ACTIONS OR DEMANDS, INCLUDING WITHOUT LIMITATION, REASONABLE LEGAL AND ACCOUNTING FEES, RESULTING FROM YOUR USE OF THE WEBSITE OR YOUR BREACH OF THE TERMS OF THESE TERMS AND CONDITIONS. TELEPHUSSHALL PROVIDE NOTICE TO YOU PROMPTLY OF ANY SUCH CLAIM, SUIT OR PROCEEDING OF WHICH IT RECEIVES NOTICE AND SHALL ASSIST YOU, AT YOUR EXPENSE, IN DEFENDING ANY SUCH CLAIM, SUIT OR PROCEEDING.
If we offer member only access to one or more sections of this Website, you agree that we may terminate or suspend your use of the Website without prior notice and acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Website. You also agree that we will not be liable to you or any third party for any termination of your access to the Website.
Governing Law and Jurisdiction
This Website is controlled and operated by Telephus from its offices within the State of California within the United States of America. Any claim relating to these Terms and Conditions and/or the use of this Website shall be governed by the laws of the State of California. By using this Website, you consent to personal jurisdiction in the federal and state courts of State of California for any action arising out of or relating to this Website, these Terms and Conditions or your use of this Website. The federal and state courts of State of California shall have exclusive jurisdiction over all such actions.
Severability and No Waiver
If any provision of these Terms and Conditions is held invalid or unenforceable by any court of competent jurisdiction, the other provisions of these Terms and Conditions shall remain in full force and effect. Any provision of these Terms and Conditions held invalid or unenforceable only in part or degree will remain in full force and effect to the extent not held invalid or unenforceable. No waiver of any term hereof shall be deemed a further or continuing waiver of such term or any other term.
These Terms and Conditions constitute the entire agreement between you and Telephus with respect to your access to and/or use of this Website and the Content and shall not be modified except by Telephus as provided herein or through a written document signed by both parties. Telephus may assign its rights and duties under these Terms and Conditions to any party at any time without notice to or approval by you.
Notification of Changes to This Policy
Personal Data Collected Through the Website
The only personal data Telephus currently collects through this Website is the information you send to us when you contact us with your questions and comments via the Contact Us page on this Website.
Telephus takes certain precautions to protect users’ information and to limit the risk that it will be accessed without authorization, including use of certain industry standard technologies and practices. We cannot, however, ensure or warrant the security of any information you transmit to Telephus. If Telephus learns of a security systems breach, then we may attempt to notify you electronically so that you can take appropriate protective steps. Telephus may post a notice on the Website if a security breach occurs. Depending on where you live, you may have a legal right to receive notice of a security breach in writing. To receive a free written notice of a security breach, or if you have any questions about the security of the Website, please contact us at privacy@Telephus.com.
Unsecured Email Warning
Please note that any information you send to Telephus via email is sent via an unsecured email link. Due to the nature of the Internet, there is a possibility that unsecured (unencrypted) email could be intercepted and read by third parties. Telephus assumes no responsibility for interception of information that you send in an unsecured (unencrypted) email message.
Use of Personal Data Collected Through This Website
Telephus does not sell, trade, or rent your personal data to others. Telephus uses the information you provide to respond to your e-mail, answer your question or resolve your problem. Telephus and our affiliates also use this information to help us improve the content and functionality of our Website, to better understand our customers and markets, and to improve our products and services. Telephus and our affiliates may use this information to contact you in the future to tell you about products or services we believe will be of interest to you. If we do so, each communication we send you will contain instructions permitting you to “opt-out” of receiving future communications.
Anonymous Data Collected Through This Website
In addition to the information you provide when you use our Website, Telephus uses technology to collect anonymous information about the use of our Website. For example, we use technology to track how many visitors access our Website, the date and time of their visit, the length of their stay, and which pages they view. We also use technology to determine which Web browsers our visitors use and the address from which they accessed our site (for example, if they connected to this Website by clicking on our link from another website). This technology does not identify you personally. It simply enables us to compile statistics about our visitors and their use of our Website. Telephus and our affiliates use this anonymous data and share it with third parties to improve the content and functionality of our Website, to better understand our customers and markets, and to improve our products and services.
In order to collect the anonymous data described in the preceding paragraph, Telephus may use temporary “cookies” that collect the first level domain name of the user (for example, if your email address is “email@example.com,” the cookie collects the “123.com” portion of your email address) and the date and time you accessed this Website. Cookies by themselves cannot be used to discover the identity of the user. A cookie is a small piece of information which is sent to your browser and stored on your computer’s hard drive. Cookies keep track of non-personal information such as the URL that you came from and go to next, your navigation through the Website (for example, the advertisements that you click on), the browser and operating system that you use, and your IP address. Cookies do not damage your computer. You can set your browser to notify you when you receive a cookie. This enables you to decide if you want to accept it or not. The Help portion of the toolbar on most browsers will tell you how to prevent your browser from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether. Additionally, you can disable or delete similar data used by browser add-ons, such as Flash cookies, by changing the add-on’s settings or visiting the website of its manufacturer. At present, Telephus only uses temporary or “session” cookies. These cookies expire when your browser window is closed.
Disclosure of Your Personal Data
Link to Other Sites