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Acceptance Of Terms Of Use
Tissue Genesis, Inc., its subsidiaries and affiliates (“Tissue
Genesis”, “we”, “us” or “our”) requires that all visitors (“you”)
to our site(s) on the World Wide Web ( “Site”) abide by the
following Terms of Use (“TOU”). By accessing and using the Site
you indicate your agreement to these TOU. If you do not agree
to these TOU, please do not access or use the Site.
Description Of Services
The Site provides you with access to a variety of resources,
including product information (“Services”). The Services are
subject to these TOU.
Registration, Password, And Security
If any of the Services requires you to login, you must complete
the registration process by providing us with current, complete
and accurate information as prompted by the registration form.
You also will choose a password and a user ID. You are entirely
responsible for maintaining the confidentiality of your password
and user ID. Furthermore, you are entirely responsible for any
and all activities that occur under your user ID. You must notify
us immediately of any unauthorized access or use of your user
ID or any other breach of security. We will not be liable for
any loss that you may incur as a result of someone else using
your password or user ID, either with or without your knowledge.
Use Limitation
Use
The Services are for your personal use, or the use of your employer.
Except as otherwise expressly stated, you may not publish, license,
create derivative works from, or sell, any information, software,
products or services obtained from the Services.
Children Under 13
We do not knowingly solicit data online from, or market online
to, children under the age of 13.
No Unlawful or Prohibited Use
As a condition of your use of the Services, you will not use
the Services for any purpose that is unlawful or prohibited
by these TOU. You may not use the Services in any manner that
could damage, disable, overburden, or impair any Tissue Genesis
server, or the network(s) connected to any Tissue Genesis server,
or interfere with any other party’s use and enjoyment of any
Services. You may not attempt to gain unauthorized access to
any Services, other user IDs, computer systems or networks connected
to any Tissue Genesis server or to any of the Services, through
hacking, password mining or any other means. You may not obtain
or attempt to obtain any materials or information through any
means not intentionally made available through the Services.
Removal of Proprietary Notice
You agree not to remove any proprietary notices from materials
you obtain through the Services, including but not limited to,
copyright or trademark notices.
Privacy Policy
We believe that the responsible use of personal information
is critical to the continued success of the Internet. As such,
we are committed to the highest standards in protecting and
safeguarding your right to privacy while using the Services.
For further information, please see our Privacy Policy.
Transmission Of Personal Data
You acknowledge and agree that by providing Tissue Genesis with
any personal or proprietary information through the Services,
you consent to the transmission of such personal or proprietary
information over international borders as necessary for processing
in accordance with Tissue Genesis’s standard business practices.
You should be aware that Sites not owned by Tissue Genesis (“Linked
Sites”) may contain transmission of personal data provisions
that differ from the provisions provided herein. Tissue Genesis
is not responsible for such provisions, and expressly disclaims
any and all liability related to such provisions. For further
information on how we use your personal information, please
see our Privacy Policy.
Special Notice -- Interactive Services
The Services may include interactive services such as discussion
forums, bulletin boards, news groups, communities, calendars
and/or other message or communication facilities designed to
enable you to communicate with others (“Interactive Services”).
You will only use the Interactive Services to post, send and
receive messages and material that are related to the particular
Interactive Service and are proper. By way of example, and not
as limitation, you will not: (i) defame, harass, threaten, or
otherwise violate the legal rights of others; (ii) violate the
intellectual property rights of others; (iii) display or distribute
any information that is false, misleading, indecent, or obscene;
(iv) create a false identity; (v) upload files that contain
viruses, Trojan horses, worms, time bombs, or the like that
may damage the operation of the computer or property of another;
(vi) use the Interactive Service in connection with junk email,
spam, contests, or surveys; (vii) use the Interactive Service
in a commercial manner; (viii) harvest or otherwise collect
information about other users; or (ix) violate any applicable
laws or regulations.
We are under no obligation to monitor, post, or use any submission
from you, and we may remove any submission at any time in our
sole discretion. We reserve the right to disclose any information
as we deem necessary to satisfy any applicable law, regulation,
legal process or governmental request, or to edit, refuse to
post, or remove any information or materials, in whole or in
part, from the Site in our sole discretion. You agree that by
posting, uploading, inputting, providing, or submitting any
materials to the Site, you are granting us and the general public
a nonexclusive perpetual royalty-free worldwide license to:
(i) copy, distribute, transmit, display, perform, and create
derivative works from your submission; (ii) publish your name
in connection with your submission; and (iii) sublicense any
such rights. We will not compensate you for your submission.
You warrant and represent that you own or control all rights
to your submission, and have the rights necessary to grant the
licenses and sublicenses described in these TOU.
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Special Notices -- Documents Available
On The Site
We grant you permission to use documents (such as white papers,
press releases, FAQs, and data sheets) that we make available
for downloading from the Site (the “Documents”) provided that
your use of such Documents is in accordance with these TOU.
TISSUE GENESIS AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS
ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE
DOCUMENTS AND RELATED GRAPHICS PUBLISHED AS PART OF THE SERVICES
FOR ANY PURPOSE. ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE
PROVIDED “AS IS,” “WHERE IS,” AND “AS AVAILABLE” AND TISSUE
GENESIS AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES
AND REPRESENTATIONS WITH REGARD TO THE DOCUMENTS, INCLUDING
ALL WARRANTIES AND REPRESENTATIONS WHETHER EXPRESS, IMPLIED
OR STATUTORY, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, TITLE, AND NON-INFRINGEMENT.
THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE SITE COULD
INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES
ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. TISSUE GENESIS
AND/OR ITS SUPPLIERS MAY MAKE CHANGES IN THE PRODUCT(S) AND/OR
PROGRAM(S) DESCRIBED IN THE SERVICES AT ANY TIME AND FROM
TIME TO TIME.
Unsolicited Ideas
Tissue Genesis does not accept or consider unsolicited ideas,
including ideas for new products or technologies, processes,
materials, marketing plans, or new product names. Please do
not send any original creative artwork, samples, demos, or
other works. If, despite our request that you not send us
your ideas and materials, you still send them, please understand
that Tissue Genesis makes no assurances that your ideas and
materials will be treated as confidential or proprietary.
Disclaimer Of Warranties
THE SITE AND THE SERVICES ARE PROVIDED “AS IS,” “WHERE IS,”
AND “WHERE AVAILABLE” AND TISSUE GENESIS EXPRESSLY DISCLAIMS
ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING
BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
Limitation Of Liability
TISSUE GENESIS AND ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES,
OR AGENTS WILL NOT BE LIABLE, WHETHER IN CONTRACT, TORT, STRICT
LIABILITY OR OTHERWISE, FOR ANY PUNITIVE, SPECIAL, CONSEQUENTIAL,
INCIDENTAL OR INDIRECT DAMAGES (INCLUDING WITHOUT LIMITATION,
LOST PROFITS, COST OF PROCURING SUBSTITUTE SERVICE, OR LOST
OPPORTUNITY) ARISING OUT OF OR IN CONNECTION WITH THE USE
OF THE SITE OR THE SERVICES, EVEN IF TISSUE GENESIS IS MADE
AWARE OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION
ON LIABILITY INCLUDES, BUT IS NOT LIMITED TO, THE TRANSMISSION
OF ANY VIRUSES THAT MAY INFECT A USER’S EQUIPMENT, FAILURE
OF MECHANICAL OR ELECTRONIC EQUIPMENT OR COMMUNICATION LINES,
TELEPHONE OR OTHER INTERCONNECT PROBLEMS, UNAUTHORIZED ACCESS,
THEFT, OPERATOR ERRORS, STRIKES OR OTHER LABOR PROBLEMS OR
ANY FORCE MAJEURE EVENT.
Indemnification
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS TISSUE GENESIS
AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS, FROM AND
AGAINST ANY AND ALL CLAIMS, LIABILITIES, DAMAGES, LOSSES,
OR EXPENSES, INCLUDING REASONABLE ATTORNEYS’ FEES AND COSTS,
ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE
SITE OR THE SERVICES.
Linking
You agree that Tissue Genesis has no control over or liability
for information on Linked Sites. You should be aware that
Linked Sites may contain rules and regulations, privacy provisions,
confidentiality provisions, transmission of personal data
provisions, and other provisions that are different from the
provisions provided on this Site. Tissue Genesis is not responsible
for such provisions, and expressly disclaims any and all liability
related to such provisions. You acknowledge that when you
access a Linked Site you do so at your own risk and that we
do not recommend or endorse Linked Sites.
Tissue Genesis prohibits unauthorized hypertext links to the
Site, or the framing of the Site.
Modifications
We reserve the right to modify these TOU, the Site, the Services,
the Software, or the Documents at any time for any reason
without notice to you.
Termination Of Access
WE RESERVE THE RIGHT TO TERMINATE YOUR ACCESS TO THE SERVICES,
OR ANY PORTION THEREOF, AT ANY TIME.
DMCA – Copyright Infringement Claims
Tissue Genesis has registered an agent with the United States
Copyright Office in accordance with the terms of the Digital
Millennium Copyright Act (the “DMCA”) and avails itself of
the protections under the DMCA. Tissue Genesis reserves the
right to remove any materials on the Service that allegedly
infringe another person’s copyright. If you believe your copyright
has been infringed, please notify us bperkins@tissuegenesis.com
and provide the following information:
i. a physical or electronic signature of a person authorized
to act on behalf of the owner of an exclusive right that is
allegedly infringed;
ii. identification of the copyrighted work(s) claimed to have
been infringed;
iii. 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 us to locate
the material;
iv. information reasonably sufficient to permit us to contact
you, such as an
address, telephone number, and e-mail address;
v. 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 owner, its agent, or the law; and
vi. 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.
Copyright Notice
Copyright 2003-2006 Tissue Genesis Solutions Corporation.
All rights reserved.
Trademarks
“Tissue Genesis,” the Tissue Genesis wave logo and Tissue
Genesis’s product names are trademarks of Tissue Genesis.
References to other companies and their products use trademarks
owned by the respective companies and are for reference purpose
only.
Forward-Looking Statements
The Site includes statements that may constitute forward-looking
statements made pursuant to the safe harbor provisions of
the Private Securities Litigation Reform Act of 1995. Examples
of forward-looking statements include statements regarding
Tissue Genesis’s future financial results, operating results,
business strategies, projected costs, products, competitive
positions and plans and objectives of management for future
operations. In some cases, forward-looking statements can
be identified by terminology such as “may,” “will,” “should,”
“would,” “expect,” “plan,” “anticipate,” “intend,” “believe,”
“estimate,” “predict,” “potential,” “continue,” or the negative
of these terms or other comparable terminology. Any expectations
based on our forward-looking statements are subject to risk
and uncertainties and other important factors. Our risks include,
but are not limited to: the inherent risks of product development
and new product introductions; regulatory approvals; difficulty
in forecasting revenues and operating results; changes in
pricing or marketing; inability to continue to realize current
efficiencies and find ways to improve on past performance;
failure to maintain or improve momentum and productivity during
reorganizations and business combinations; expansion of our
international operations; potential infringement claims; difficulty
in enforcing our intellectual property rights; exposure to
product liability claims; possible defects in our products.
Although Tissue Genesis believes the expectations contained
in such forward-looking statements are reasonable, it can
give no assurance that such expectations will prove to be
correct.
International Use
Tissue Genesis makes no representation that any materials
or Services are appropriate or available for use in locations
outside the United States, and accessing them from territories
where their contents are illegal is prohibited. Users who
choose to access this Site from other locations do so on their
own initiative and are responsible for compliance with local
laws.
Governing Law
These TOU shall be governed by the laws of the State of Hawaii,
excluding its conflicts of laws principles. You expressly
agree that the exclusive jurisdiction for any claim or action
arising out of or relating to these TOU or your use of the
Services shall be filed only in the state or federal courts
located in the State of Hawaii, and you further agree and
submit to the exercise of personal jurisdiction of such courts
for the purpose of litigating any such claim or action.
Contact Us
Tissue Genesis, Inc.
677 Ala Moana Boulevard, Suite 1100, Honolulu, Hawaii 96813
Phone: 808-539-9331 / Fax: 808-539-9345
Last Revised: September 1, 2006
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