Terms of Use
Effective September 19, 2023
This website is intended only for users who reside in the United States of America and who are 18 years of age or older. The following Terms of Use and our Privacy Policy (collectively, “Terms”) apply to your use of this website and any of the content, materials, information or services provided in or through this website. We take the privacy of our users very seriously. For Evergreen Theragnostics, Inc.’s (“Evergreen”), current Privacy Policy, please click here.
Please Carefully Read These Terms of Use Before Accessing or Using This Website.
By accessing or using this website, you acknowledge that you have read, understood and agreed to be bound by the Terms, just as if you had signed them. If you are not willing to be bound by the Terms, you may not access or use this website.
1. Purpose.
This website is for informational purposes only. It is NOT intended to be a substitute for professional medical advice, diagnosis or treatment. You should NOT rely on the information and materials on this website in deciding on a treatment plan, drug usage, or any other medical decision. Your doctor is the best resource for medical advice and information.
The information on this website is not intended and should not be construed as an offer to sell securities.
2. Use of Content.
Material from this website may be downloaded solely for personal, non-commercial use, and you assume any and all responsibility for such use. Neither this website nor any portion thereof may be copied, reproduced, distributed, displayed or otherwise used or exploited for any commercial purpose without our prior written authorization. All copyright and other proprietary notices contained in downloaded materials must be preserved and retained.
3. Proprietary Rights.
The content of this website, including but not limited to the information, materials and images (the “Content”) and all intellectual property rights related thereto, are the exclusive property of Evergreen and its licensors. Nothing contained herein shall be construed as conferring to or granting you by implication or otherwise any license or right under any patent, trademark, copyright or other property right of Evergreen or any third party.
The Evergreen name and logo are the property of Evergreen. All other trademarks used on our website are the property of their respective owners and are used for reference purposes only. Such use should not be construed as an endorsement of Evergreen.
4. Submission of Information.
This website is not intended to and does not enable users to post to the website. However, you may contact us through our “Contact Us” page or by emailing us at an email addresses provided. Except as expressly agreed to in a writing signed by an authorized officer of Evergreen, or as may otherwise be required by law, any information that you submit or transmit to us, through this website or through any other means, including but not limited to any data, comments, suggestions, ideas or improvements (collectively, “Feedback”), is submitted by you without restriction, and will be treated as non-confidential and non-proprietary information. You hereby grant us an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free, sublicensable and worldwide license to exploit the Feedback in any manner and for any purpose, including to improve the website, develop our product candidates and create other services.
5. Links/Third Party Content.
This website may include links to third party websites. Such third-party websites are not under our control and the links are provided strictly for your convenience. We do not represent, warrant, or endorse such websites, and are not responsible or liable for the accuracy, usefulness, currency, completeness, availability, legality or reliability of such websites or the content, products or services obtained from such websites.
6. Termination.
We may terminate your use of the website at any time and for any reason, including for conduct violating these Terms of Use. Upon any such termination, you must destroy all Content obtained from the website and all copies thereof. Furthermore, you acknowledge that we reserve the right to take action – technical, legal or otherwise – to block your ability to access the website. You understand that we may exercise this right in our sole discretion and this right shall be in addition to any other rights and remedies available to us. All provisions that, by their nature, should survive termination of these Terms shall survive termination.
7. Disclaimer.
ANY USE OF OR RELIANCE ON THE CONTENT IS AT YOUR SOLE RISK. THIS WEBSITE IS PROVIDED BY US ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE MAKE NO WARRANTY AS TO THE CONTENT OR ANY INFORMATION TRANSMITTED OR MADE AVAILABLE VIA THIS WEBSITE, INCLUDING ITS ACCURACY, USEFULNESS, CURRENCY, COMPLETENESS, LEGALITY, RELIABILITY OR AVAILABILITY, AND SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY ERRORS OR OMISSIONS IN THE INFORMATION. TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
You are responsible for verifying any information before relying on it. You are also responsible for taking all necessary precautions to ensure that any Content you obtain from this website is free of viruses.
8. Limitation of Liability; Indemnity.
IN NO EVENT SHALL WE OR OUR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES WHATSOEVER RESULTING FROM THE USE OF THIS WEBSITE OR THE CONTENT. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
You expressly agree that your use of this website is at your own risk. You agree to indemnify, defend and hold harmless Evergreen, its affiliates, directors, officers, employees, licensors, licensees, collaborators, representatives, agents, and successors from and against any and all losses, liabilities, damages and expenses (including reasonable attorneys’ fees and witness fees and costs) that they may suffer as a result of any claims, demands, actions or other proceedings made or instituted by any third party arising out of, resulting from or connected with: (a) your use of the website in a manner not authorized by these Terms; (b) your violation of any portion of these Terms, or any applicable law or regulation; (c) your violation of any third party right, including any intellectual property, confidentiality, or privacy, in connection with your use of the website; or (d) any dispute or issue between you and any third party in connection with your use of the website. If you are a California resident, you shall and hereby do waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”
9. Modifications.
We reserve the right to modify this website, including the Content, these Terms, and any other policies at any time without prior notice to you. You should regularly review these Terms for any modifications or amendments. Your continued use of this website after modification or amendment signifies your assent and agreement to these Terms, as amended.
10. Severability.
If any provision of these Terms is found to be illegal, invalid or unenforceable, that provision shall be deemed severed and shall not affect the validity and enforceability of the remaining terms and conditions.
11. Governing Law and Jurisdiction.
In the event of any dispute between us relating to these Terms or your use of this website, such dispute shall be governed and construed in accordance with the laws of the State of New York (United States of America), without giving effect to any conflicts of laws principles. Furthermore, you hereby agree to submit to the exclusive jurisdiction and venue of the state and federal courts located in New York.
12. Assignment.
You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your Services account, in any way (by operation of law or otherwise) without Company’s prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.
13. General.
These Terms of Use and the Privacy Policy comprise the entire agreement between us with respect to the subject matter contained herein and supersede all prior discussions or agreements between us with respect to such matters.