NicOx Privacy and Terms of Use Policies |
NicOx Terms of Use (Last Updated June 2008) PLEASE READ CAREFULLY BEFORE USING THIS SITE Welcome to the NicOx web site (the “Site”). By accessing and using the Site, you accept, without limitation or qualification, these Terms of Use and all applicable laws. NicOx SA and its affiliates and subsidiaries including, without limitation, NicOx, Inc. (“NicOx”) may revise and update these Terms of Use at any time and such revisions are binding on Site users. Use of Site. The information provided on the Site is for information purposes only. Your access to and use of the information contained in the Site is subject to this Terms of Use Agreement. By accessing and using the Site, you accept these Terms of Use. Site Content. WhiIe NicOx strives to ensure that the information it provides on the Site is accurate and reliable, NicOx makes no warranties, or representations as to the accuracy, correctness, reliability or otherwise with respect to such information, and assumes no liability or responsibility of any kind for omissions or errors in the content of this website. In particular, NICOX CANNOT BE HELD RESPONSIBLE FOR THE ACCURACY OF INFORMATION THAT YOU OR THIRD PARTIES PROVIDE TO US OR INPUT INTO OR THROUGH THE SITE. Medical Information. This Web site may contain general information relating to medical conditions and their treatment. Such information (even if provided by a doctor) is provided for your information only and is not intended to be a substitute for advice provided by a doctor or other qualified health care professional. You should always consult with a doctor or other health care professional for medical advice or information about diagnosis and treatment. Reliance on any information provided by NicOx or others on the Site is solely at your own risk. Certain medical information on the Site may be provided by NicOx employees or by health care professionals who receive compensation or other consideration to provide information on the Site. Where feasible, NicOx makes reasonable efforts to disclose any relationship between NicOx and any individual providing information on the Site. Privacy. NicOx respects the privacy of the users of the Site. Please refer to NicOx’ Privacy Policy that explains users' rights and responsibilities with respect to information that is disclosed on the Site. Passwords. YOU ARE SOLELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF ANY PASSWORDS. You are responsible for all use of the Site and for the security of your login identification, your password that you use to protect access to your data, your file name(s) and files, network and user access. Third Party Web sites, Links and Frames. The Site may contain links or references to other web sites maintained by third parties over whom NicOx has no control. Such links are provided merely as a convenience. Similarly, the Site may be accessed from third party links over whom NicOx has no control. NicOx makes no warranties or representations of any kind as to the accuracy, currency, or completeness of any information contained in such sites and shall have no liability for any damages or injuries of any kind arising from such content or information. Inclusion of any third party link does not imply an endorsement or recommendation of the third party site by NicOx. NicOx prohibits (i) the framing of any materials available through the Site, and (ii) “deep linking” to pages of the Site other than the home page. NicOx reserves the right to disable any unauthorized frames. Changes To Content. NicOx will periodically revise the content, information, services, and resources that it provides on and through the Site and reserves the right to make these changes without any obligation to inform or notify past, current, or prospective users of the Site. Trademarks. All product names, whether or not appearing in large print or with the trademark symbol, are trademarks of NicOx, its affiliates, related companies or its licensors or joint venture partners, unless otherwise noted. The use or misuse of these trademarks or any other materials, except as permitted herein, is expressly prohibited and may be in violation of trademark or other applicable laws. Copyrights. The entire contents of the Site are protected under applicable copyright law. The contents of NicOx Web sites may not be copied other than for noncommercial individual reference with all copyright or other proprietary notices retained, and thereafter may not be recopied, reproduced or otherwise redistributed. Liability Regarding Services and Content. The use of the Site and the content is at your own risk. When using the Site, information will be transmitted over a medium which is beyond the control and jurisdiction of NicOx. Accordingly, NicOx assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Site. THE SITE AND THE CONTENT ARE PROVIDED ON AN "AS IS" BASIS. Warranty/Disclaimer. TO THE FULLEST EXTENT PERMITTED BY LAW, NICOX DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON- INFRINGEMENT OF THIRD PARTIES' RIGHTS, FITNESS FOR PARTICULAR PURPOSE, AND FREEDOM FROM COMPUTER VIRUS. Specifically, NicOx, its licensors, and its affiliates make no representations or warranties about the following: (i) the accuracy, reliability, completeness including errors or omissions, currentness or timeliness of the content, software, text, graphics, links, or communications provided on or through the use of the Site; or (ii) the satisfaction of government regulations requiring disclosure of information on medical treatments or prescription drug products with regard to the content contained on the Site. In no event shall NicOx, its affiliates, licensors, its suppliers, or any third parties mentioned on the Site be liable for any damages (including, without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use or inability to use the Site or the content, whether based on warranty, contract, tort, or any other legal theory, and whether or not NicOx is advised of the possibility of such damages. NicOx shall be liable only to the extent of actual damages incurred by you, not to exceed U.S.$1000. NicOx is not liable for any personal injury, including death, caused by your use or misuse of the Site. Any claims arising in connection with your use of the Site must be brought within one (1) year of the date of the event giving rise to such action occurred. Remedies under these Terms of Use are exclusive and are limited to those expressly provided for in these Terms of Use Conditions. Some jurisdictions may not allow exclusions of implied warranties so some of these exclusions may not be applicable to users in certain areas. Indemnification. You agree to indemnify, defend and hold harmless NicOx, its officers, directors, employees, agents, suppliers and third party partners from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation by you of these Terms of Use. Notice of Copyright Infringement. If you are a copyright owner who believes your copyrighted material has been reproduced, posted or distributed via the Site in a manner that constitutes copyright infringement, please inform us by sending written notice by registered mail to NicOx Inc., 15 Independence Blvd, Warren Township, NJ 07059 - U.S. The notice should comply with the Digital Millennium Copyright Act (and international intellectual property law, where applicable), and include, among other things, the following information as set forth in the Digital Millennium Copyright Act, 17 U.S.C. § 512 (c)(3)(A). 1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. 2. Identification of the copyrighted work you claim is being infringed, or, if you want to cover multiple copyrighted works in a single notice, a representative list of such works. 3. Identification of the material that you claim is infringing or is the subject of infringing activity and that you believe should be removed or access to which should be disabled, with information reasonably sufficient to permit us to locate the material. 4. Information reasonably sufficient to permit us to contact you, such as an address, telephone number and, if available, an electronic mail address at which you may be contacted. 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. Please note that the contact information provided in this paragraph is for suspected copyright infringement only. Contact information for other matters is provided elsewhere in these Terms of Use or on the Site. Complete Agreement. Except as expressly provided in a particular "legal notice" on the Site, these Terms or Use constitute the entire agreement between you and NicOx with respect to the use of the Site. If you have any questions about these Terms of Use please contact us at: NicOx Inc. Miscellaneous. If any provision of this Agreement is held to be unlawful, void or unenforceable, then such provision shall be severable without affecting the enforceability of all remaining provisions. NicOx reserves the right to alter or delete materials from the Site at any time at its discretion. NicOx may revise and update these Terms and Conditions at any time and such revisions are binding on Site users. Copyright © 2008 NicOx
NicOx Privacy Policy (Last Updated June 2008) Personal Information Personal information is information that can be directly associated with a specific person or entity such as an individual’s name, address, telephone number, e-mail address, or information about activities directly linked to that person. Personal information also includes information that you choose to provide to us. Personal information does not include “aggregate” information. Aggregate information is data we collect about a group or category of services or individuals, from which individual identities have been removed. Aggregate data helps us understand trends and user needs. Generally, you can access and browse our Web sites without disclosing any personally identifiable information. If you request information or services from our sites, register for our sites, contact us or ask us to resolve complaints or concerns, we may ask you to provide information such as your name, contact information and other identifying information necessary to fulfill a particular request. We may also collect information a visitor voluntarily provides through registration, responses to questionnaires, surveys, search functions and health assessment tools. NicOx sites use cookies and other technologies to identify users as they move through our Web sites. Your Web browser can be set to allow you to control whether you will accept cookies, reject cookies, or to notify you each time a cookie is sent. To the extent you are based in the United States, NicOx may transfer your information outside of the United States. To the extent you are based outside of the United States, NicOx may transfer your information to the United States, where privacy laws may not be as protective as you have provided your information. Regardless of where your information is collected or transferred, the information will be treated in accordance with this privacy policy. Uses We do not sell, rent or give your personal information with outside third parties for commercial purposes. In order to provide services, we may provide information to other companies who work on our behalf. When we do so, we use reasonable efforts to assure that they agree in writing to abide by NicOx privacy policies and applicably privacy law. In addition, we may disclose personal information in the good faith belief that we are required to do so by law, or that doing so is reasonably necessary to comply with legal process, respond to any claims, or to protect the rights, property, or personal safety of NicOx, our site users or the public. Information collected through our Web sites, including personal information, may be disclosed as part of, or during negotiations of, any merger, sale of company assets or acquisition. Access/Choice Children Security Online Links to Other Sites Changes to this Statement How to Contact Us |