Terms of Use

AGREEMENT TO TERMS OF USE

Please read these Terms of Use carefully before using the Xenoma website located at www.xenoma.com (the "Site") operated by Xenoma Inc. (“Xenoma”) Xenoma reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, Xenoma grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.

Content

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to Xenoma , and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.

Privacy

Xenoma’s Privacy Policy applies to use of this Site, and its terms are made a part of these Terms of Use by this reference. To view Xenoma’s Privacy Policy, click here. Additionally, by using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.

Links to Other Sites and to the Xenoma Site

This Site may contain links to other independent third-party Web sites (“Linked Sites”). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under Xenoma’s control, and Apple is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.

Disclaimers

XENOMA DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. XENOMA CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. XENOMA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. XENOMA DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY XENOMA SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST XENOMA FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.

The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.

Xenoma reserves the right to do any of the following, at any time, without notice:

  1. to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason;
  2. to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and
  3. to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

Limitation of Liability

Except where prohibited by law, in no event will Xenoma be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if Xenoma has been advised of the possibility of such damages. If, notwithstanding the other provisions of these Terms of Use, Xenoma is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Site or any Content, Xenoma’s liability shall in no event exceed the greater of

  1. the total of any subscription or similar fees with respect to any service or feature of or on the Site paid in the six months prior to the date of the initial claim made against Xenoma (but not including the purchase price for any Xenoma hardware or software products), or
  2. US$100.00. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.

Indemnity

You agree to indemnify and hold Xenoma, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against Xenoma by any third party due to or arising out of or in connection with your use of the Site.

Violation of These Terms of Use

Xenoma may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Xenoma’s rights or property, or the rights or property of visitors to or users of the Site, including Xenoma’s customers. Xenoma reserves the right at all times to disclose any information that Xenoma deems necessary to comply with any applicable law, regulation, legal process or governmental request. Xenoma also may disclose your information when Xenoma determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes. You acknowledge and agree that Xenoma may preserve any transmittal or communication by you with Xenoma through the Site or any service offered on or through the Site, and may also disclose such data if required to do so by law or Xenoma determines that such preservation or disclosure is reasonably necessary to

  1. comply with legal process,
  2. enforce these Terms of Use,
  3. respond to claims that any such data violates the rights of others, or
  4. protect the rights, property or personal safety of Xenoma, its employees, users of or visitors to the Site, and the public.

You agree that Xenoma may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Site. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to Xenoma, for which monetary damages would be inadequate, and you consent to Xenoma obtaining any injunctive or equitable relief that Xenoma deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Xenoma may have at law or in equity. You agree that Xenoma may, in its sole discretion and without prior notice, terminate your access to the Site, for cause, which includes (but is not limited to)

  1. requests by law enforcement or other government agencies,
  2. a request by you (self-initiated account deletions),
  3. discontinuance or material modification of the Site or any service offered on or through the Site, or
  4. unexpected technical issues or problems.

If Xenoma does take any legal action against you as a result of your violation of these Terms of Use, Xenoma will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to Xenoma. You agree that Xenoma will not be liable to you or to any third party for termination of your access to the Site as a result of any violation of these Terms of Use.

Governing Law; Dispute Resolution

You agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by the laws of the United States and by the laws of the State of California without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in Santa Clara County, California, and waive any objection to such jurisdiction or venue. The preceding provision regarding venue does not apply if you are a consumer based in the European Union. If you are a consumer based in the European Union, you may make a claim in the courts of the country where you reside. Any claim under these Terms of Use must be brought within one

  1. year after the cause of action arises, or such claim or cause of action is barred. Claims made under the separate terms and conditions of purchase for goods and services are not subject to this limitation. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys’ fees. In the event of any controversy or dispute between Xenoma and you arising out of or in connection with your use of the Site, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty
  2. days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.

Miscellaneous

You may not use or export or re-export any Content or any copy or adaptation of such Content, or any product or service offered on the Site, in violation of any applicable laws or regulations, including without limitation Japanese export laws and regulations. If any of the provisions of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use shall remain in full force and effect. These Terms of Use constitute the entire agreement between you and Xenoma with regard to your use of the Site, and any and all other written or oral agreements or understandings previously existing between you and Xenoma with respect to such use are hereby superseded and cancelled. Other than as provided in a purchase agreement you enter into with Xenoma, Xenoma will not accept any counter-offers to these Terms of Use, and all such offers are hereby categorically rejected. Xenoma’s failure to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by Xenoma of any provision or any right it has to enforce these Terms of Use, nor shall any course of conduct between Xenoma and you or any other party be deemed to modify any provision of these Terms of Use. These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties. Xenoma provides access to Xenoma international data and, therefore, may contain references or cross references to Xenoma products, programs and services that are not announced in your country. Such reference does not imply that Xenoma in your country intends to announce such products, programs or services.

Feedback and Information

Any feedback you provide at this site shall be deemed to be non-confidential. Xenoma shall be free to use such information on an unrestricted basis.

The information contained in this web site is subject to change without notice.
Copyright © 2015 Xenoma Inc. All rights reserved.
Updated by Xenoma Inc. on Nov. 13, 2015