Terms and Conditions

 

By accessing, viewing, and using the Site, you indicate that you understand and intend these Terms and Conditions to be the legal equivalent of a signed, written contract and equally binding, and that you accept such Terms and Conditions and agree to be legally bound by them. Please note that the FCL Bioscience (Hong Kong) Limtied (herein referred to as "FCL") reserves the right to change the Terms and Conditions under which this Site and its many offerings are extended to you. Your continued use of the Site following reasonable notice of such modifications will constitute your acceptance of such changes. You also agree that notices we may provide on the Site itself shall be deemed reasonable notice for this purpose.

1. Grant of License. Subject to the Terms and Conditions and your continued compliance therewith, this Agreement provides you with a personal, revocable, nonexclusive, nontransferable license to use the Site and the text, graphics, data, information, and other content made available through or from the Site (collectively, “Content”), including without limitation, Content obtained through widgets, RSS feeds, APIs or other similar means. In furtherance of its mission to further the public debate on important issues, the Content may be accessed, printed, displayed, downloaded and distributed for personal, educational, news reporting, or other policy purposes, provided that all copies display all copyright and other applicable notices to the extent such notices are contained in such Content and provided further that you do not use the Content in any manner that implies, suggests, or could otherwise be perceived as attributing a particular policy or lobbying objective or opinion to FCL. You must also provide proper attribution to FCL in connection with your use of any Content. Any rights not expressly granted herein are reserved. You may not copy, reproduce, create derivatives of, modify, distribute, broadcast, transmit, publish, license, transfer, sell, or otherwise exploit the Content for a fee or for other commercial purposes except pursuant to a separate written agreement with FCL. If you wish to use any Content for any commercial purpose or any purpose not permitted by this Agreement, please contact FCL beforehand so further terms may be negotiated. Under no circumstances may the Content be reproduced in principal part, mirrored, catalogued, framed, displayed simultaneously with another Site or otherwise republished in its entirety or in principal part without the express written permission of FCL, except to extent such Content is obtained through a widget, RSS feed, or other similar means. You represent and warrant to FCL that you will not use this Site for any purpose that is unlawful or prohibited by these Terms and Conditions, including but not limited to attempting or actually (a) disrupting, impairing or interfering with the Site; (b) collecting any information about other users of the Site; or (c) systematically extracting data contained in the Site to populate databases for internal or external use.

2. Intellectual Property Rights. All Content, unless otherwise indicated, is protected by law including, but not limited to, international copyright, trade secret (for password protected areas), and trademark law, as well as other provincial, national, and international laws and regulations and is owned by FCL and/or third parties. Except as expressly provided herein, FCL does not grant any express or implied right to you or any other User of the Site. The Site may also include the trade and/or service marks of other parties. Such third-party designations may not be used without the prior written permission of their respective owners.

Unless otherwise specified, the Content is © 2015, FCL. All rights reserved. Removing or altering this copyright notice on any Content on the Site is prohibited. FCL also owns a copyright in the Site as collective works and/or compilations, and in the selection, coordination, arrangement, and enhancements of the Site's Content. The following trademarks: FCL and all other names, logos, and icons identifying FCL and/or its products and services are proprietary marks of FCL. User use of FCL trademarks is not permitted without obtaining permission, by contacting info@fclbioscience.com. Other product and company names mentioned in the Site may be the trademarks of their respective owners.

3. Privacy Policy. Please see FCL's Privacy Policy for a summary of FCL's personal data collection and use practices with respect to the Site, including the use of third-party services to collect information to monitor the Site's performance. By using this Site, you consent to FCL's collection and use of personal data as outlined therein.

4. Assumption of Risk. You use the Internet solely at your own risk and subject to all applicable local, provincial, national, and international laws and regulations. While FCL has endeavored to create a secure and reliable Site, please be advised that the confidentiality of any communication or material transmitted to/from this Site over the Internet cannot be guaranteed. Accordingly, FCL and its affiliates and all of their employees and representatives are not responsible for the security of any information transmitted via the Internet, the accuracy of the information contained on the Site, or for the consequences of any reliance on such information. FCL shall have no liability for interruptions or omissions in Internet, network or hosting services or any other failure of performance of the Site. You assume the sole and complete risk of using the Site.

5. Third-Party Site. FCL provides links, in its sole discretion, to other websites on the Internet for your convenience in locating related information and content, and the Content may be available through third-party sites. These sites have not necessarily been reviewed by FCL and are maintained by third parties over which FCL exercises no control. Accordingly, FCL expressly disclaims any responsibility for the content, the accuracy of the information, and/or quality of products or services provided by or advertised on these third-party sites. In addition, such links to, or the display of Content on, such third-party sites does not imply an endorsement of any third party or any websites or the products or services provided by any third party.

6. Events Beyond FCL's Control. You expressly absolve and release FCL from any claim of harm resulting from a cause beyond its control including, but not limited to, the failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses or software failures, unauthorized access, theft, operator errors, severe weather, earthquakes, or natural disasters, strikes or other labor problems, wars, terrorism or governmental restrictions.

7. DISCLAIMERS. THE SITE AND ALL OF ITS CONTENT ARE PROVIDED ON AN “AS IS” BASIS AND ARE MADE AVAILABLE WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND. FCL MAKES NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, TO YOU OR ANY OTHER PERSON OR ENTITY AS TO THE ACCURACY, RESULTS, TIMELINESS, COMPLETENESS, NON-INFRINGEMENT, MERCHANTABILITY AND/OR FITNESS FOR ANY PARTICULAR PURPOSE WITH RESPECT TO THE SITE OR ANY CONTENT. FURTHER, WHILE FCL ENDEAVORS TO PROVIDE THE MOST ACCURATE, UP-TO-DATE INFORMATION AND MATERIALS AVAILABLE, THE CONTENT ON THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. FCL MAY MAKE MODIFICATIONS AND/OR CHANGES IN THE SITE AND THE CONTENT AT ANY TIME, FOR ANY REASON. FCL MAKES NO COMMITMENT TO UPDATE THE INFORMATION CONTAINED ON THE SITE. YOU ASSUME THE SOLE RISK OF MAKING USE OF THE SITE AND THE CONTENT. UNDER NO CIRCUMSTANCES WILL FCL BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING FROM YOUR USE OF THE SITE OR THE CONTENT, INCLUDING, BUT NOT LIMITED TO, COMPENSATION, REIMBURSEMENT OR DAMAGES ON ACCOUNT OF THE LOSS OF PRESENT OR PROSPECTIVE PROFITS, EXPENDITURES, INVESTMENTS OR COMMITMENTS, WHETHER MADE IN THE ESTABLISHMENT, DEVELOPMENT OR MAINTENANCE OF BUSINESS REPUTATION OR GOODWILL, FOR LOSS OF DATA, COST OF SUBSTITUTE MATERIALS, PRODUCTS, SERVICES OR INFORMATION, COST OF CAPITAL, AND THE CLAIMS OF ANY THIRD PARTY, OR FOR ANY OTHER REASON WHATSOEVER, EVEN IF FCL HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. TO THE EXTENT PERMITTED BY LAW, FCL DISCLAIMS LIABILITY FOR ANY DIRECT DAMAGES BASED ON YOUR USE OF THE SITE AND THE CONTENT. IN ANY EVENT, THE AGGREGATE LIABILITY OF FCL FOR ANY REASON WHATSOEVER RELATED TO USE OF THE SITE AND THE CONTENT SHALL NOT EXCEED $50.00.

8. Indemnity. You agree to indemnify and hold harmless FCL, its affiliates, and all of their officers, directors, employees, legal representatives, agents, successors and assigns, from and against any damages, liabilities, costs and expenses (including reasonable attorneys’ and professionals’ fees and court costs) arising out of any third-party claims based on or related to your use of the Site, the Content, or any breach by you of these Terms and Conditions. You agree to cooperate as fully as reasonably required in FCL's defense of any claim. FCL reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of FCL.

9. Submissions. FCL welcomes your feedback and suggestions about how to improve the Site, and allows public comments on some pages of its Site. Any ideas, suggestions, information, know-how, material, or any other content (collectively, “Submissions”) received through the Site, however, will be deemed to include a royalty-free, perpetual, irrevocable, nonexclusive right and license for FCL to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works of, display (in whole or part) worldwide, or act on such Submissions without additional approval or consideration, in any form, media, or technology now known or later developed for the full term of any rights that may exist in such Submissions. You hereby waive any claim to the contrary.

10. Term and Termination. This Agreement takes effect at the time the User begins using the Site (thereby indicating acceptance of these Terms and Conditions.) FCL reserves the right at any time and for any reason to deny any User access to the Site or any portion thereof, and to terminate this Agreement. Termination will be effective without notice.

11. Waiver. Failure to insist on strict performance of any of the Terms and Conditions of this Agreement will not operate as a waiver of any subsequent default or failure of performance. No waiver by FCL of any right under these Terms and Conditions will be deemed to be either a waiver of any other right or provision or a waiver of that same right or provision at any other time.

12. Nature of Relationship/Severability. No joint venture, partnership, employment, or agency relationship exists between you and FCL as a result of this Agreement or your use of the Site. If any provision of this Agreement is held unenforceable by a court or tribunal of competent jurisdiction, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of this Agreement shall continue in full force and effect.

13. Entire Agreement/Reservation of Rights. These Terms and Conditions and FCL's Privacy Policy represent the entire agreement between you and FCL with respect to your use of the Site and the Content, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written between you and FCL with respect to the Site. Any rights not expressly granted herein are reserved.