Welcome to the IMMUNOLIGHT website.
IMMUNOLIGHT™, ILLUMINATION INNOVATION TRANSFORMATION™ and the TRIPLE SWIRL Design™ are trademarks of Immunolight LLC. All rights reserved. These and other graphics, logs and service marks and trademarks of Immunolight LLC may not be used without prior written consent of Immunolight LLC. All other trademarks, product names, and company names and logos appearing on the website are the property of their respective owners.
II. DISCLAIMERS AND LIMITATION OF LIABILITY
User expressly agrees that use of the website is at User’s sole risk. Neither Immunolight LLC nor its affiliates nor any of their officers, directors, or employees, agents, third-party content providers, merchants, sponsors, licensors (collectively, Providers), or the like, warrant that the website will be uninterrupted or error free, nor do they make any warranty as to the results that may be obtained from the use of the website, or as to the accuracy, reliability, or currency of any information content, service, or merchandise provided through the website.
THE WEBSITE IS PROVIDED BY IMMUNOLIGHT LLC ON AN “AS IS” AND “AS AVAILABLE” BASIS. IMMUNOLIGHT LLC MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON THIS SITE. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, IMMUNOLIGHT LLC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IMMUNOLIGHT LLC WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE WEBSITE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY IMMUNOLIGHT LLC NOR ITS AFFILIATES, NOR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PROVIDERS, OR THE LIKE, SHALL CREATE A WARRANTY; NOR SHALL USER RELY ON ANY SUCH INFORMATION OR ADVICE.
Under no circumstance shall Immunolight LLC or any other party involved in creating, producing, or distributing the website be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the website, including but not limited to reliance by User on any information obtained from the website or that result from mistakes, omissions, interruptions, deletion of files or e-mail, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction, or unauthorized access to Immunolight LLC’s records, products or services. User hereby acknowledges that this paragraph shall apply to all content, products and services available through the website. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states liability is limited to the fullest extent permitted by law.
A. PROPRIETARY RIGHTS
User acknowledges that the website contains information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds and other material (collectively, Content) that are protected by copyrights, trademarks, trade secrets, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content is copyrighted as a collective work under the U.S. copyright laws, and Immunolight LLC owns a copyright in the selection, coordination, arrangement, and enhancement of such Content. User may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part. If no specific restrictions are displayed, Users may make copies of select portions of the Content, provided that the copies are made only for User’s personal use and that User maintains any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. Except as provided in the preceding sentence or as permitted by the fair use privilege under the U.S. copyright laws (see, e.g., 17 U.S.C. § 107), User may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of Immunolight LLC.
B. DISTRIBUTION/UPLOADING OF THIRD-PARTY CONTENT
Except as set forth in Section III(A) above, User may upload to or otherwise distribute on the website only Content that is not subject to any copyright or other proprietary rights protection (collectively, Public Content), or Content in which the author has given express authorization for distribution on the Internet. Any copyrighted or other proprietary Content distributed with the consent of a copyright owner should contain a phrase such as “Copyright, owned by Immunolight LLC; used by permission.” The unauthorized submission or distribution of copyrighted or other proprietary Content is illegal and could subject the User to criminal prosecution as well as personal liability for damages in a civil suit. User will be liable for any damage resulting from any infringement of Immunolight LLC’s copyrights or other proprietary rights, or from any other harm arising from such submission. Neither Immunolight LLC, nor its affiliates, nor any of their officers, directors, employees, agents, Providers, or the like, will be liable for any damage resulting from any infringement of copyrights or proprietary rights, or from any other harm arising from such User submission. By submitting Content to any area of the website, including without limitation any product reviews, comments, or participation in any chat rooms, user automatically grants, or warrants, that the owner of such Content has expressly granted Immunolight LLC the royalty-free, perpetual, irrevocable, nonexclusive right and license to use, reproduce, publish, translate, sublicense, copy and distribute the Content in whole or in part worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such Content. User also permits any other User to access, store, or reproduce the Content for that User’s personal use. Subject to this grant, the owner of Content placed on Immunolight LLC retains any and all rights which may exist in such Content.
C. THIRD-PARTY CONTENT
Immunolight LLC is and/or may become a distributor, but not a publisher, of Content supplied by third parties and Users of the website. Immunolight LLC has no more editorial control over such Content than does a public library or newsstand. Any opinions, advice, statements, services, offers, or other information that constitutes part of Content expressed or made available by third parties, including Providers or any other User of the website, are those of the respective authors or distributors and not of Immunolight LLC or its affiliates or any of their officers, directors, employees or agents. Neither Immunolight LLC nor its affiliates, nor any of their officers, directors, employees or agents, nor any third party, including any Provider, or any other User of the website, guarantees the accuracy, completeness or usefulness of any Content, nor its merchantability or fitness for any particular purpose. In many instances, the Content available through the website represents the opinions and judgments of the respective Provider, or User not under contract with Immunolight LLC. Immunolight LLC neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement made on the website by anyone other than authorized Immunolight LLC employees or Providers. Under no circumstances Immunolight LLC, or its affiliates, or any of their officers, directors, employees or agents be liable for any loss, damage or harm caused by User’s reliance on information obtained through the website. It is the responsibility of User to evaluate the information, opinion, advice, or other Content available through the website.
D. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF
COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT
Immunolight LLC respects the intellectual property of others, and we ask our users to do the same. Immunolight LLC may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Immunolight LLC’s Chief Information Officer (CIO) (as Immunolight LLC’s copyright agent) the following information:
1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
2. A description of the copyrighted work or other intellectual property that you claim has been infringed;
3. A description of where the material that you claim is infringing is located on the website;
4. Your address, telephone number, and e-mail address;
5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
6. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
Immunolight LLC’s Chief Information Officer (as agent for notice of claims of copyright or other intellectual property infringement) can be reached as follows:
By mail: Chief Information Officer
6th Floor, Ford Field
1901 St. Antoine Street
Detroit, MI 48226
By e-mail: email@example.com
The United States export control laws regulate the export and re-export of technology originating in the United States. This includes the electronic transmission of information and software to foreign countries and to certain foreign nationals. User agrees to abide by these laws and their regulations— including but not limited to the Export Administration Act and the Arms Export Control Act and not to transfer, by electronic transmission or otherwise, any Content derived from the website to either a foreign national or a foreign destination in violation of such laws.
IV. ONLINE CONDUCT
User agrees to use the website only for lawful purposes. User is prohibited from posting on or transmitting through the website any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national or international law.
If Immunolight LLC is notified of allegedly infringing, defamatory, damaging, illegal or offensive content provided by User (e.g., through an online review or chat room), Immunolight LLC may investigate the allegation and determine in its sole discretion whether to remove or request the removal of such Content from the website. Immunolight LLC may disclose any Content or electronic communication of any kind: (i) to satisfy any law, regulation or government request; (ii) if such disclosure is necessary or appropriate to operate the website; or (iii) to protect the rights or property of Immunolight LLC and/or the Content on the website, its Users or Providers.
Immunolight LLC reserves the right to prohibit conduct, communication, or Content that it deems in its sole discretion to be harmful to individual Users, the website, the communities that make up the website, or any rights of Immunolight LLC or any third party, or to violate any applicable law. Notwithstanding the foregoing, neither Immunolight LLC nor its Providers can ensure prompt removal of questionable Content after online posting. Accordingly, neither Immunolight LLC, nor its affiliates, nor any of their officers, directors, employees or agents, nor Providers shall assume liability for any action or inaction with respect to conduct, communication, or Content on the website.
VI. TERMINATION OF USAGE
Immunolight LLC may terminate User’s access, or suspend User’s access to all or part of the website, without notice, for any conduct that Immunolight LLC, in its sole discretion, believes is in violation of any applicable law or is harmful to the interests of another User, a third party Provider, a service provider, or the website.
VIII. USAGE BY CHILDREN UNDER 13
Immunolight LLC cannot prohibit minors from visiting the website. Immunolight LLC must rely on parents, guardians and those responsible for supervising children under 13 to decide which materials are appropriate for such children to view.
VIII. APPLICABLE LAW
The website is created and controlled by Immunolight LLC in the State of Michigan. As such, the laws of the State of Michigan will govern the disclaimers, terms and conditions, without giving effect to any principles of conflicts of laws. Immunolight LLC reserves the right to make changes to its site and these disclaimers, terms and conditions at any time. User hereby irrevocably and unconditionally consents to submit to the exclusive jurisdiction of the courts of the State of Michigan, and of the United States of America located in the State of Michigan for any litigation arising out of or relating to use of the website (and agrees not to commence any litigation relating thereto except in such courts), waives any objection to the laying of venue of any such litigation in the courts of the State of Michigan, and agrees not to plead or claim in any court of the State of Michigan that such litigation brought therein has been brought in an inconvenient forum.