Last Updated: February 23,2018
THESE TERMS CONTAIN DISCLAIMERS OF WARRANTIES, DISCLAIMERS OF LIABILITY, AND A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER. PLEASE READ THEM CAREFULLY.
“Content” includes, without limitation, messages, information, data, text, software or images, or other content, articles, photographs, images, illustrations, audio clips, video clips and other materials or content available or posted on the Site (collectively, the “Content”).
1. Site Intended Audience
The Site is intended for and directed to residents of the United States. The Site is not intended for anyone under the age of 18.
THE INFORMATION, INCLUDING ANY ADVICE AND RECOMMENDATIONS ON THE WEBSITE, IS INTENDED SOLELY AS A GENERAL EDUCATIONAL AID. IT IS NOT INTENDED AS MEDICAL OR HEALTHCARE ADVICE, OR TO BE USED FOR MEDICAL DIAGNOSIS OR TREATMENT, FOR ANY INDIVIDUAL PROBLEM. IT IS ALSO NOT INTENDED AS A SUBSTITUTE FOR PROFESSIONAL ADVICE AND SERVICES FROM A QUALIFIED HEALTHCARE PROVIDER FAMILIAR WITH YOUR UNIQUE FACTS. ALWAYS SEEK THE ADVICE OF YOUR DOCTOR OR OTHER QUALIFIED HEALTHCARE PROVIDER REGARDING ANY MEDICAL CONDITION AND BEFORE STARTING ANY NEW TREATMENT. YOUR USE OF THE WEBSITE IS SUBJECT TO THE ADDITIONAL DISCLAIMERS AND CAVEATS THAT MAY APPEAR THROUGHOUT THE WEBSITE. WE ASSUME NO RESPONSIBILITY FOR ANY CONSEQUENCE RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE INFORMATION, SERVICES, OR OTHER MATERIAL ON THE WEBSITE. WHILE WE STRIVE TO KEEP THE INFORMATION ON THE WEBSITE ACCURATE, COMPLETE, AND UP-TO-DATE, WE DO NOT GIVE ANY ASSURANCES, AND WILL NOT BE RESPONSIBLE FOR, ANY DAMAGE OR LOSS RELATED TO THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THE CONTENT AND INFORMATION ON THE WEBSITE.
Moreover, Valneva does not guarantee nor warrant continuous, uninterrupted or secure access to the Site or to the tools or services provided through the Site. You should be aware the operation of the Site may be interrupted with or without prior warning or notice.
Valneva makes no representations whatsoever about any other website that you may access through the Site, such as where the Site provides a link to another website. A link to a website does not mean that Valneva endorses or accepts any responsibility for the content, practices, or use of such other website.
3. Intellectual Property and Permissible Use
The Site, including without limitation all Content, is protected by U.S. and worldwide copyrights laws and treaty provisions. Any unauthorized copying, redistribution, reproduction or modification of the Content by any person may be a violation of trade-mark and/or copyright laws and could result in legal action. You agree to comply with all applicable copyright laws.
You may not copy, change or reuse the Site, Content, any updates to them or any part of them including the software incorporated in them, except that you may make use of the Content for your own personal use as follows: you may make one machine readable copy and/or print copy that is limited to occasional articles of personal interest only.
In addition, you agree not to: (i) use the Site in any manner that could disable, overburden, damage, or impair the Site, or interfere with any other use of the Site, including any user’s ability to engage in real-time activities through the Site; (ii) use any robot, spider or other automatic device, process or means to access the Site for any purpose, including to scrape, data mine, monitor or copy any of the material on the Site; (iii) use any manual process to monitor or copy any of the material on the Site, or to engage in any other unauthorized purpose without the express prior written consent of Valneva; (iv) otherwise use any device, software or routine that interferes with the proper working of the Site; (v) attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of the Site; (vi) take any action that violates or threatens our system or network security; (vi) engage in any other conduct that violates any laws; restricts or inhibits any other person from using or enjoying the Site; or otherwise interferes with the proper working of the Site or could harm us or any third party.
We reserve all rights not expressly granted to you.
Notwithstanding rights held by any third party in incorporated elements or software, the Site is an original compilation of independent works and its “look and feel”, including the Content, data, source code or other materials is protected by copyright and is owned or controlled by Valneva and any others which may own copyright or the party credited as the provider of the Content. All visitors shall abide by all copyright notices, information and restrictions contained in any Content.
Any product, process, or technology described in the Site may be subject to other intellectual property rights reserved by Valneva or any third party as the case may be. Nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any patent or trademark of Valneva or any third party. Except as provided above, nothing contained herein shall be construed as conferring any license or right under any Valneva or third party copyright.
4. Trademark Notices
The trademarks and brand names displayed on the Site are the property of Valneva, its affiliates or third party owners. You may not use or display any such trademarks or service marks without our prior written consent. You may not use or display any other trademarks or service marks displayed on the Site without the permission of their owners.
5. Electronic Communications
The information communicated on the Site constitutes an electronic communication. When you communicate with us through the Site or via other forms of electronic media, such as e-mail, you are communicating with us electronically. You agree that we may communicate electronically, consistent with applicable law, and that such communications, as well as notices, disclosures, agreements, and other communications that we provide to you electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by the party sending the communication.
6. Additional Terms
7. Disclaimer of Warranties With Respect to Use of Site
THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXCEPT AS SPECIFICALLY PROVIDED HEREIN, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, LEGAL OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
WE DO NOT MAKE ANY WARRANTY THAT THE SITE WILL MEET YOUR REQUIREMENTS, OR THAT ACCESS TO THESITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED. WE MAKE NO WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE OR AS TO THE ACCURACY, QUALITY, OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SITE.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS USED AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM VALNEVA OR THROUGH THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
8. Applicable Law and Jurisdiction; Arbitration; Class Action Waiver
The information on the Site is intended only for use by residents of the United States. Other countries may have laws, regulatory requirements, or medical practices that differ from those in United States.
YOU FURTHER AGREE THAT ANY PROCEEDINGS TO ARBITRATE OR LITIGATE ANY DISPUTE IN ANY FORUM WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS. NEITHER YOU NOR VALNEVA WILL SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION OR IN ANY OTHER PROCEEDING IN WHICH EITHER PARTY ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY. No arbitration or other proceeding will be combined with another without the prior written consent of all parties to all affected arbitrations or proceedings.
Any claims not subject to arbitration shall be subject to the exclusive jurisdiction of state or federal courts in New York, and you agree to submit to the personal and exclusive jurisdiction of such courts. Use of the Site constitutes consent to the application of those laws, as well as of the following terms and conditions.
9. Limitations of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES WILL VALNEVA, ITS AFFILIATES AND ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, MANDATARIES OR OTHER REPRESENTATIVES BE LIABLE FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR AGGRAVATED DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF USE, LOSS OF INCOME, SAVING OR PROFITS, LOSS OF DATA, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES, OR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, HOWSOEVER CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), OR OTHERWISE RESULTING FROM (1) THE USE OF, OR THE INABILITY TO USE, THE WEBSITE; (2) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES, ITEMS, OR WEBSITES; (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA (INCLUDING PERSONAL INFORMATION); (4) THE STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE; OR (5) ANY OTHER MATTER RELATING TO THE WEBSITE. THESE LIMITATIONS WILL APPLY WHETHER OR NOT VALNEVA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. THIS EXCLUSION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS. ANY CLAIM AGAINST US SHALL BE LIMITED TO THE AMOUNT YOU PAID, IF ANY, FOR THE USE OF THE SERVICES.
10. Modification or Suspension of the Site
We will make reasonable efforts to make the Site available but we may from time to time need to interrupt, restrict, modify or discontinue, temporarily or permanently the Site or parts of it without notice. We will not be responsible for any harm or loss you may suffer as a result of such actions.
12. Links to Third Party Sites
14. Modifications to these Terms
15. Contact Information
All Sections shall survive the termination of the right to use the Site.