Terms of Use for ImmuneQuest.com

Syandus Inc, (“Syandus”) owns and operates the ImmuneQuest.com website (“ImmuneQuest.com” or “Website”). This Terms of Use Agreement (the “Agreement”) governs your relationship with Syandus. Access to and use of ImmuneQuest.com and the products and services available through this Website (collectively, the "Services") are subject to the following terms, conditions and notices (the "Terms of Service"). By using the Services, you are agreeing to all of the Terms of Service, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms of Service.

By using this Website you represent that you are at least 18 years old. Persons who are at least 13 years of age but under the age of 18 may only use this Website after a legal parental or guardian reviews this agreement and agrees to the terms.


Access to this Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of this Website.


This Website may contain links to other websites (the "Linked Sites"), which are not operated by Syandus. Syandus has no control over the Linked Sites and accepts no responsibility for them or for any loss or damage that may arise from your use of them. Your use of the Linked Sites will be subject to the terms of use and service contained within each such site.

Privacy Policy

Our privacy policy, which sets out how we will use your information, can be found here. By using this Website, you consent to the processing described therein and warrant that all data provided by you is accurate.

Prohibitions

You must not misuse this Website. You will not: commit or encourage a criminal offense; transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person's proprietary rights; impersonate another user; send any unsolicited advertising or promotional material, commonly referred to as "spam"; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. Breaching this provision would constitute a criminal offense and Syandus will report any such breach to the relevant law enforcement authorities and disclose your identity to them.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.

Intellectual Property, Software and Content

The intellectual property rights in all software and content (including photographic images) made available to you on or through this Website remains the property of Syandus or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by Syandus and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise.

Linking to this Website

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.


Using the ImmuneQuest App

The ImmuneQuest educational software (“ImmuneQuest App”) is available for download from this Website and certain distributors such as the iTunes Store® and Google Play Store® (the “Distributors”), if applicable. You acknowledge that you may need to hold, or register, an active account with the Distributor to download the ImmuneQuest App from their store and purchase additional content (see In App Purchases below). The license and terms of use for the ImmuneQuest App are governed by an End User License Agreement (the “EULA”) available when the ImmuneQuest App is downloaded and must be accepted by you to use the ImmuneQuest App. The EULA is also available here. Any purchase of additional content for the ImmuneQuest App is also governed by the terms of the EULA.


In App Purchases

In-App purchases of additional content for the ImmuneQuest App can be made from within the ImmuneQuest app. Content prices and availability is only accessible through the ImmuneQuest App.


All In-App Purchases shall be done through the Distributor that you originally downloaded the App from or through one of our third party payment service providers (each a "Payment Processor"). If you choose to make an in-App Purchase you agree:

  1. that the services of Distributors or Payment Processors may be used to process transactions;

  2. to review and be bound by the Distributor's or Payment Processor's terms of use and privacy policy;

  3. to only provide valid and current information for yourself; and

  4. except as expressly set forth herein, that all purchases are final and non-refundable.


You acknowledge that you may need to hold, or register, an active account with the Distributor or Payment Processor in order to complete a purchase. Syandus is not responsible or liable for any activities or conduct of a Distributor or Payment Processor, and you agree to hold us harmless, and expressly release Syandus, from any and all liability arising from the conduct of a Distributor or Payment Processor.


Purchases requested for ImmuneQuest Apps running on a personal computer are made from the ImmuneQuest store page through a Payment Processor. This store page is only accessible through the ImmuneQuest App.


NO WARRANTY

EXCEPT WHERE AND TO THE EXTENT REQUIRED BY LAW, SYANDUS MAKES NO WARRANTIES OR CONDITIONS EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, (I) THE WARRANTY OF NON-INFRINGEMENT AND THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, REGARDING THE WEBSITE AND IMMUNEQUEST APP, AND (II) ANY WARRANTIES CONCERNING THE SECURITY, RELIABILITY OR PERFORMANCE OF ANY SERVICES OR TECHNICAL SUPPORT, IF ANY.


LIMITATION OF LIABILITY

  1. EXCEPT WHERE AND TO THE EXTENT REQUIRED BY LAW, NEITHER SYANDUS WILL BE LIABLE FOR ANY DIRECT OR INDIRECT DAMAGES, INCLUDING WITHOUT LIMITATION, LOST PROFITS, LOST SAVINGS, OR ANY INCIDENTAL, SPECIAL, OR OTHER ECONOMIC CONSEQUENTIAL DAMAGES, EVEN IF SYANDUS IS INFORMED OF THEIR POSSIBILITY. IN ANY CASE, SYANDUS’ ENTIRE LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT SHALL BE LIMITED TO THE GREATER OF THE AMOUNT ACTUALLY PAID BY YOU FOR THE IMMUNEQUEST APP OR U.S. $5.00. Certain states prohibit the limitation of liability in certain cases, so the above may not apply to you in all instances.


Indemnity

You agree to indemnify, defend and hold harmless Syandus, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use this Website or your breach of this Agreement.


Dispute Resolution

The parties will use commercially reasonable efforts to discuss, negotiate and resolve any dispute between the parties with respect to this Agreement. Any controversy, claim or dispute arising out of or relating to the performance, construction, interpretation or enforcement of this Agreement, including disputes as to the scope of this Section shall, if not resolved through such negotiations between the parties, be submitted to mandatory, binding, confidential arbitration pursuant to the Federal Arbitration Act, 9 U.S.C. § 1 et seq. Arbitration shall be conducted in accordance with the Commercial Arbitration Rules of the American Arbitration Association. The arbitration award shall be final and binding and it may be confirmed and enforced in any court of competent jurisdiction. The arbitration proceeding shall commence no later than forty-five (45) days from the date of the selection of the arbitrator. The arbitrator shall issue the Award no later than thirty (30) days from the close of the hearing. The place of arbitration shall be in Philadelphia, Pennsylvania.


General Terms

This Agreement shall be governed by and construed and enforced in accordance with the laws of the Commonwealth of Pennsylvania, without giving effect to Pennsylvania's choice of law or arbitration provisions. The terms, provisions, representations, and warranties contained in this Agreement that by their sense and context are intended to survive the performance thereof by either party or both parties hereunder shall so survive the completion of performance, expiration or termination of this Agreement. If any provision of this Agreement is found invalid or unenforceable by a court of competent jurisdiction, the remainder of this Agreement shall continue in full force and effect. The parties shall negotiate in good faith to substitute a valid, legal, and enforceable provision that reflects the intent of such invalid or unenforceable provision. Either party's failure to enforce any of the terms or conditions herein or to exercise any right or privilege, or either party's waiver of any breach under this Agreement, shall not be construed to be a waiver of any other terms, conditions, or privileges, whether of a similar or different type.


Changes to This Agreement

Syandus reserves the right to change this Agreement from time to time without notice. Please review this Agreement regularly on this Website.


Copyright © 2014 Syandus Inc. All rights reserved.

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