Any purchases made through or from Swift Biosciences will be subject to Swift Biosciences’s Terms and Conditions of Sales.
MODIFICATIONS AND UPDATE
USE OF WEBSITE AND PROHIBITED ACTIVITIES
All content and otherwise protectable features of this Website, including but not limited to the design, arrangements, layout, software, text, graphics and images are the property of Swift Biosciences or its suppliers and are protected by United States and international copyright laws. NO PORTION OF THIS WEBSITE MAY BE COPIED, IMITATED OR RETRANSMITTED. The compilation, collection, arrangement, and assembly of all content on this site is the exclusive property of Swift Biosciences and is protected by United States and international copyright laws. All software used on this site is the property of Swift Biosciences or its software suppliers and is protected by United States and international copyright laws. The images used on this Website are the property of their respective copyright owners, and are used by Swift Biosciences pursuant to express authorization from the copyright owners or their agents. Any use, including, the reproduction, modification, distribution, transmission, republication, or display, of the content, images and software on this Website is strictly prohibited.
USER IDS AND PASSWORDS
CHILDREN’S PRIVACY PROTECTION
Swift Biosciences does not seek to collect information from or provide information or services to people under the age of 13. If you are under 13, you may use the Website only with involvement of a parent or guardian. Swift Biosciences reserves the right to refuse service, terminate accounts, remove or edit content, or take other actions in its sole discretion.
When you provide Swift Biosciences or post to the Website any content or materials, including, but not limited to, articles, blog posts or content, photographs and videos, you grant Swift Biosciences the right to use that content for all purposes. You agree that Swift Biosciences is under no obligation to: (1) maintain any of your content or materials in confidence; (2) to pay to you or any user any compensation for any such content or materials; or (3) to respond to any of your or any other user’s content or materials, or to take any other action. You represent and warrant to Swift Biosciences that you own all right, title and interest in and to any written content, photographs, videos and other works that you submit to Swift Biosciences. You grant a perpetual, irrevocable, royalty-free, worldwide right and license to use any such content or materials for any purpose and in any manner.
You agree that you will not post or attempt to post any inappropriate content to the Website. While Swift Biosciences may try to prevent adult or other inappropriate content from appearing in either files and links, Swift Biosciences disclaims and assumes no responsibility for the accuracy or completeness of any actions, nor does this Website feature imply any obligation on the part of Swift Biosciences to monitor, edit or censor such content either automatically or manually. You agree that you completely assume the risk with respect to any information, content, or materials submitted by other users or other third parties, and that Swift Biosciences will not be held liable for such information, content, or materials. While Swift Biosciences respects the right of individuals to free expression, Swift Biosciences cooperates fully with all law enforcement in preventing dissemination of child pornography or any other illegal content.
LINKS TO THIRD-PARTY SITES
The Website may contain links to other websites (“Linked Sites”). Unless otherwise indicated, Swift Biosciences is not affiliated with any of the Linked Sites. The Linked Sites are not under the control of Swift Biosciences and Swift Biosciences is not responsible for the contents of any Linked Site, including, without limitation, any link contained in a Linked Site, or any changes or updates to a Linked Site. Swift Biosciences does not endorse or make any representations about any Linked Site, any information, software or other products or materials found in a Linked Site, or any results that may be obtained from using these links. Swift Biosciences is providing these links only as a mere convenience, and the inclusion of any link does not imply endorsement by Swift Biosciences. If you decide to access any of the third-party websites linked from this Website, you do so entirely at your own risk.
LINKING TO SWIFT BIOSCIENCES
Linking to Swift Biosciences from another website (“Linking Site”) is only allowed under the following conditions: A Linking Site may link to, but not replicate, Swift Biosciences’s content. A Linking Site shall not create a frame, browser or border environment to Swift Biosciences’s content and a Linking Site shall not imply that Swift Biosciences is endorsing it or its products. The Linking Site shall not misrepresent the Linking Site’s relationship with Swift Biosciences, shall not provide false information about Swift Biosciences’s products or services, and shall not unlawfully use the copyrights or trademarks owned by Swift Biosciences or others. Linking Sites shall abide by any and all applicable laws.
DISCLAIMER OF WARRANTIES
THIS WEBSITE AND ALL INFORMATION, CONTENT, SERVICES, GOODS, ADVERTISEMENTS, DOCUMENTS AND RELATED GRAPHICS PROVIDED HEREIN ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. INFORMATION ON THIS WEBSITE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. SWIFT BIOSCIENCES MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE OR THE INFORMATION OR PRODUCTS INCLUDED ON THIS WEBSITE.
TO THE FULLEST EXTENT POSSIBLE BY APPLICABLE LAW, SWIFT BIOSCIENCES AND ITS AFFILIATES, OFFICERS, DIRECTORS AND EMPLOYEES HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. SWIFT BIOSCIENCES DOES NOT WARRANT THAT THE WEBSITE OR RELATED SERVICES THEREIN ARE FREE OF ERRORS, VIRUSES, WORMS, “TROJAN HORSES” OR ANY OTHER HARMFUL, INVASIVE OR CORRUPTED FILES OR CODE, AND IS NOT LIABLE FOR ANY DAMAGES YOU MAY SUFFER AS A RESULT OF YOUR USE OF THE WEBSITE. SWIFT BIOSCIENCES EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY FOR LOSS OR DAMAGE CAUSED BY ERRORS OR OMISSIONS IN THE WEBSITE OR RELATED SERVICES, WHETHER RESULTING FROM NEGLIGENCE, ACCIDENT OR OTHER CAUSE.
YOU SHALL BE SOLELY RESPONSIBLE FOR OBTAINING ANY AND ALL NECESSARY LICENSES, CERTIFICATES, PERMITS, APPROVALS OR OTHER AUTHORIZATIONS REQUIRED BY FEDERAL, STATE OR LOCAL STATUTE, LAW OR REGULATION APPLICABLE TO YOUR USE OF THE WEBSITE OR RELATED PRODUCTS AND SERVICES. SWIFT BIOSCIENCES MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE LEGALITY OR PROPRIETY OF THE USE OF THE WEBSITE OR RELATED PRODUCTS AND SERVICES IN ANY COUNTRY OR JURISDICTION.
LIMITATION ON DAMAGES
IN NO EVENT SHALL SWIFT BIOSCIENCES AND/OR ITS AFFILIATES, OFFICERS, DIRECTORS OR EMPLOYEES BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTUOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS WEBSITE OR SOFTWARE, DOCUMENTS, PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR INFORMATION AVAILABLE FROM SWIFT BIOSCIENCES THROUGH THIS WEBSITE.
LIMITATION ON LIABILITY
SWIFT BIOSCIENCES’S AGGREGATE LIABILITY AND THE AGGREGATE LIABILITY OF ITS AFFILIATES AND SERVICE PROVIDERS AND THE EMPLOYEES AND CONTRACTORS OF EACH OF THESE, TO YOU AND ANY THIRD PARTY FOR ANY AND ALL CLAIMS OR OBLIGATIONS RELATING TO THIS AGREEMENT SHALL BE LIMITED TO DIRECT OUT OF POCKET DAMAGES UP TO A MAXIMUM OF $100 (ONE HUNDRED DOLLARS).
RELEASE AND INDEMNIFICATION
COPYRIGHT INFRINGEMENT POLICY
You may not use the Website to transmit, route, provide connections to or store any material that infringes copyrighted works, trademarks or otherwise violates or promotes the violation of the intellectual property rights of any third party. Swift Biosciences reserves the right to terminate your license to use this Website if it determines in its sole and absolute discretion that you are involved in infringing activity, including alleged acts of first-time or repeat infringement, regardless of whether the material or activity is ultimately determined to be infringing.
Swift Biosciences is committed to protecting copyrights and expects you to do the same. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that any material used or displayed on the Website infringes your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. All claims of infringement must be submitted to Swift Biosciences in a written complaint that complies with the requirements below and is delivered to Swift Biosciences’s designated agent to receive notification of claimed infringement:
Swift Biosciences Inc.
674 S. Wagner Road, Suite 100
Ann Arbor, Michigan 48103
United States of America
In addition, any written notice regarding any defamatory or infringing activity, whether of a copyright, patent, trademark or other proprietary right must include the following information:
- A physical or electronic signature of a person authorized to act on behalf of (1) the owner of an exclusive right that is allegedly infringed or (2) the person defamed.
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site is covered by a single notification, a representative list of such works at that site. Similarly, for materials that are defamatory or infringe patent, trademark, or other proprietary rights of a third party, please submit a list of such materials.
- Identification of the material that is claimed to be infringing, to be the subject of infringing activity, or that is claimed to be defamatory and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Swift Biosciences to locate the material.
- Information reasonably sufficient to permit Swift Biosciences to contact you, such as your address, telephone number, and/or electronic mail address.
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright or other proprietary right owner, its agent, or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed or on behalf of the person defamed.
“SWIFT BIOSCIENCES” along with all logos, other trade names, trademarks, services marks, whether registered or not, set forth on this Website is the sole property of Swift Biosciences, including without limitation those marks identified on Swift Biosciences’s Trademark Usage Policy. Swift Biosciences’s trademarks may not be used in connection with any product or service that is not owned by Swift Biosciences or for any purpose not expressly authorized by Swift Biosciences. Without limiting the foregoing, you may not use any such trademark in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Swift Biosciences. Any trademarks not owned by Swift Biosciences that appear on this Website are the property of their respective owners, and the above restrictions apply to such trademarks unless the trademark owner has expressly consented to such use. None of the above trademarks may be copied, downloaded or otherwise exploited without the permission of Swift Biosciences or the trademark owner.
If any provision of these terms, conditions and notices is found to be invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and all remaining provisions will remain in full force.
RESOLUTION OF DISPUTES
- Forum for Disputes – Except as otherwise agreed by the parties or as described in the Arbitration Option paragraph below, you agree to submit to the jurisdiction and venue of the Circuit Court for the County of Macomb, State of Michigan or, if original jurisdiction can be established, the United States District Court for the Eastern District of Michigan with respect to any action arising, directly or indirectly, out of your use of the Website.
- Arbitration Option – For any Claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution (“ADR”) provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
- Improperly Filed Claims – All Claims you bring against Swift Biosciences must be resolved in accordance with this Resolution of Disputes Section. All Claims filed or brought contrary to the Resolution of Disputes Section shall be considered improperly filed. Should you file a claim contrary to the Resolution of Disputes Section, Swift Biosciences may recover actual attorneys’ fees and costs.
Updated October 1, 2016, C#16-1190