Terms of Use


Welcome to http://www.VigilantBiosciences.com, the website of Vigilant Biosciences, Inc. ("Vigilant," "we," or "us"). The Vigilant Website ("Website") has been designed to provide general information about Vigilant and its products, and Vigilant maintains this Website as a service to the Internet community. The information contained in this Website is not intended to provide investment or medical advice. Although under no obligation to do so, Vigilant may revise these Terms of Use from time to time without notice by updating this posting, so please check back regularly for updates. By accessing and using this Website, you agree to be bound by any updated Terms of Use. Access to and use of the Vigilant Website is subject to these Terms of Use and all applicable laws, statutes and/or regulations. Therefore, your access to or use of this Website indicates your acceptance of these Terms of Use and your representation that you are at least eighteen (18) years of age or older.

Use of Our Website


You agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Website in any medium, including without limitation by any automated or non-automated “scraping”; (ii) using any automated system, including without limitation "robots," "spiders," "offline readers," etc., to access the Website in a manner that sends more request messages to Vigilant servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser; (iii) transmitting spam, chain letters, or other unsolicited email; (iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Website; (v) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (vi) uploading invalid data, viruses, worms, or other software agents through the Website; (vii) collecting or harvesting any personally identifiable information from the Website; (viii) accessing any content on the Website through any technology or means other than those provided or authorized by the Website; or (ix) bypassing the measures we may use to prevent or restrict access to the Website, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Website or the content therein.

Vigilant may permanently or temporarily terminate, suspend, or otherwise refuse to permit your access to the Website without notice and liability for any reason or for no reason, including if in our sole determination you violate any provision of these Terms of Use.

All aspects of the Website are subject to change or elimination at Vigilant's sole discretion. Vigilant reserves the right to interrupt access to or operation of the Website with or without prior notice for any reason or no reason. You agree that Vigilant will not be liable to you for any interruption of access to or operation of the Website, delay or failure to perform.

This Website may contain forward-looking statements involving risks and uncertainties, including expectations regarding financial goals and product development efforts including the results of clinical trials. Vigilant's actual results may differ materially from those in any forward-looking statements.

Users of this Website should be aware that any product(s) under development described herein have not been found safe or effective by any regulatory agency or authority and are not approved for any use outside of clinical trials. The information presented on this Website should not be interpreted or construed in any way as a replacement or substitution for medical advice provided by your doctor or healthcare provider. IT IS IMPORTANT THAT YOU DISCUSS YOUR TREATMENT OPTIONS AND ANY QUESTIONS THAT YOU MAY HAVE WITH YOUR DOCTOR OR HEALTHCARE PROVIDER.

Vigilant shall not be held responsible for any action or inaction based on the information presented on this Website, and all users of this Website agree that all access to and use of this Website and any and all content presented on this Website, is at the user’s own risk.

Our Proprietary Rights


Vigilant grants you a personal, non-exclusive, non-transferable license to access and use this Website according to these Terms of Use. You may not copy this Website, nor may you distribute, download, modify, reuse, repost or otherwise exploit this Website. However, Vigilant authorizes you to copy documents or pages published by us on this Website for your non- commercial reference use only, provided any copy you make retains all copyright or other proprietary notices and any disclaimers contained herein. If you link to any other websites from this Website, you should follow the copyright provisions contained in those sites.

The Website and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, and videos (the "Content"), and all Intellectual Property Rights (as defined below) related thereto, are protected by copyright and are the exclusive property of Vigilant and its licensors. For the purposes of these Terms of Use, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefor and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction. The Vigilant name and logo and all product names that appear on the Website, regardless of whether or not they appear in large print or with a trademark symbol, are trademarks of Vigilant, its licensees, licensors or other third parties. Except as explicitly provided herein, nothing in these Terms of Use shall be deemed to create a license in or under any Intellectual Property Rights in the Content, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any materials or Content accessible on the Website, or use such materials or Content for any purpose not expressly permitted by these Terms of Use.

Any communication you transmit to Vigilant via this Website or internet electronic mail is transmitted by you on a non- confidential basis. Vigilant makes no promise, express or implied, not to use such communication or material for any purpose whatsoever, including reproduction, publication, broadcast and posting. You agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Vigilant under any fiduciary or other obligation, and that we are free to use the communication without any additional compensation to you. You further acknowledge that, by acceptance of your communication, Vigilant does not waive any rights to use similar or related ideas previously known to Vigilant, or developed by its employees, or obtained from sources other than you.

The use or misuse of any Content or Intellectual Property Rights, except to the extent permitted herein, is expressly prohibited and may be in violation of copyright law, trademark law, communications regulations and statutes and other laws, regulations and/or statutes.

Security


Vigilant has implemented commercially reasonable technical and organizational measures designed to secure information and communications from accidental loss and from unauthorized access, use, alteration or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use information or communications for improper purposes. You acknowledge that you provide any information or communications at your own risk.

Third-Party Links


Certain links on this Website lead to resources maintained by third parties over which Vigilant has no control. As such, Vigilant is not responsible for and does not routinely screen, approve or review the contents or use of any of the products or services offered at any other website, nor does Vigilant adopt, endorse, opine or make any representation as to the truth, accuracy, legality or any other aspect of the information contained in those resources.

News and Press Releases


This Website may contain information, news and/or press releases, the content of which is accurate or current only as of the date of the particular information, news, press release or posting. Vigilant does not update press releases once they have been made public.

No Warranty


THE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. USE OF THE WEBSITE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM VIGILANT OR THROUGH THE WEBSITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, NEITHER VIGILANT NOR ITS SUBSIDIARIES, AFFILIATES, LICENSORS, LICENSEES, SUCCESSORS OR ASSIGNS WARRANTS THAT THE CONTENT IS ACCURATE, COMPLETE, CURRENT, USEFUL, RELIABLE OR CORRECT; THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS; THAT THE WEBSITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED, ERROR-FREE OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA OR OTHER LOSS OF USE THAT RESULTS FROM SUCH DOWNLOAD.

VIGILANT DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR SERVICE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND VIGILANT WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

Limitation of Liability


TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL VIGILANT, ITS SUBSIDIARIES, AFFILIATES, AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, SUPPLIERS OR CONTRACTORS, OR ITS LICENSORS OR LICENSEES, BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE WEBSITE OR ANY ERRORS OR OMISSIONS IN THE CONTENT. UNDER NO CIRCUMSTANCES WILL VIGILANT BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS TO OR USE OF THE WEBSITE OR THE INFORMATION CONTAINED THEREIN.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, VIGILANT ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL OR BODILY INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE WEBSITE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH OR FROM THE WEBSITE; AND/OR (VII) THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL VIGILANT, ITS SUBSIDIARIES, AFFILIATES, AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, SUPPLIERS, CONTRACTORS, LICENSEES OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, ACTIONS, SUITS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES, COSTS OR EXPENSES IN CONNECTION WITH THESE TERMS OF USE, THE WEBSITE OR THE CONTENT, IN AN AMOUNT EXCEEDING FIFTY DOLLARS ($50.00).

THE LIMITATION OF LIABILITY PROVIDED FOR IN THESE TERMS OF USE APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, BREACH OF WARRANTY, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF VIGILANT SHOULD HAVE KNOWN OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

The Website is controlled and operated from facilities in the United States. Vigilant makes no representations that the Website is appropriate or available for use in other locations. Those who access or use the Website from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations. You may not use the Website if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government. Unless otherwise explicitly stated, all materials found on the Website are solely directed to individuals, companies, or other entities located in the United States.

Privacy


Your personal information will be treated in accordance with our Privacy Policy, located here, which is hereby incorporated by reference. If you use this Website, you are also accepting the terms and conditions of the Privacy Policy. If you do not agree to have your information used in any of the ways described in the Privacy Policy, you must not provide any information.

General


A Governing Law. These Terms of Use shall be governed, controlled and interpreted by and under the internal substantive laws of the State of Georgia, without respect to its or any other jurisdiction’s conflict of laws principles. By using this Website, you hereby expressly consent to the personal jurisdiction of and venue in the state and federal courts for the county in which Vigilant’s principal place of business is located for any lawsuit filed against you by Vigilant arising from or related to these Terms of Use.

B Severability. If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect.

C No Waiver. No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and Vigilant's failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

Please contact us at info at VigilantBiosciences dot com with any questions regarding these Terms of Use.

These Terms of Use were last updated in March 1st, 2011.