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THERMOGENESIS
CORP. TERMS AND CONDITIONS
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BY
USING THIS WEBSITE
YOU AGREE TO THE FOLLOWING TERMS AND CONDITIONS
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Any
use by you of the website operated by ThermoGenesis
Corp. at www.thermogenesis.com (the "Site")
is conditional upon your acceptance of these Terms
and Conditions, including our Privacy Statement.
We reserve the right to amend these Terms and Conditions
from time to time without notice and at our discretion.
It is your responsibility to periodically review
this page for updates to these Terms and Conditions,
which shall come into effect once posted. Your continued
use of the Site will be deemed acceptance of these
Terms and Conditions and our Privacy Policy.
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| 1.
Rights |
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All rights in
all material and content (including, but not limited to,
text, images, web pages, sound, software (including, code,
interface and website structure) and video and the look
and feel, design and compilation thereof at this Site
are owned by us or our licensors. You agree that you are
permitted to use this material and/or content only as
set out in these Terms and Conditions or as otherwise
expressly authorised in writing by us or our licensors,
and that you may not otherwise use or distribute of such
material or content.
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| 2.
Intellectual Property |
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We are the owner
and/or authorised user of all trademarks, service marks,
design marks, patents, copyrights and all other intellectual
property appearing on or contained within the Site, unless
otherwise indicated. Except as provided in these Terms
and Conditions, use of the Site does not grant you any
right or license to any such intellectual property you
may access on the Site. Except as provided in these Terms
and Conditions, any use or reproduction of the intellectual
property is prohibited.
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Copying |
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You may view this
Site and you are welcome to print hard copies of material
on it solely for your lawful, personal, non-commercial
use. All other copying, whether in electronic, hard copy
or other format, is prohibited and may violate intellectual
property laws and other laws. Furthermore, you are not
entitled to reproduce or distribute such material, or
use it for commercial purposes, without our prior written
consent. All other rights are reserved.
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| 4.
Acceptable Usage of Discussion Boards |
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This Site contains
discussion groups. We do not actively monitor use of
or content posted on, our discussion groups or edit
the content of any discussion group. As a result, you
may be exposed to content on our discussion group that
is inaccruate, fraudulent or deceptive or that you find
offensive or objectionable. Your use of discussion group
is at your own risk. However, we do reserve the right,
but not the obligation, to monitor our discussion groups
and remove any content which, in our sole discretion,
constitutes a misuse of these interactive services and
may restrict, suspend or terminate your use of these
services or the Site where we believe that there has
been such a misuse.
The following examples constitute a misuse of our discussion
group:
(i) using the services for any improper, unlawful or
immoral purpose, causing any nuisance by your use of
the services or causing the operation of the services
to be jeopardised or impaired;
(ii) transmitting any statement that is defamatory,
offensive or obscene or offencive to others on grounds
of race, religion, creed or sex;
(iii) using the services to harm, or attempt to harm,
minors in any way;
(iv) using the services to create, host or transmit
any material that threatens or encourages bodily harm
or the destruction of property or would constitute a
criminal offence or give rise to civil liability;
(v) using the services to create, host or transmit material
which infringes the copyright, trademark, patent, trade
secret or other intellectual property or proprietary
rights of any other party;
(vi) using the services to create, host or transmit
unsolicited advertising material to other users;
(vii) using the services to create, host or transmit
any material that harasses another; using the services
to make fraudulent offers to sell or buy products, items
or services;
(viii) adding, removing or modifying identifying network
header information in an effort to deceive or mislead;
(ix) using the services to access, or to attempt to
access, the accounts of others or to penetrate, or attempt
to penetrate, our or a third party's security measures,
computer software, hardware, electronic communication
system, or telecommunications systems;
(x) using the services to collect, or attempt to collect,
personal information about third parties without their
knowledge or consent or to engage in screen scraping,
database scraping or any other activity with the purpose
of obtaining lists of users or other data;
(xi) using the services for any activity which adversely
affects the ability of other people or systems to use
the services or the internet generally;
(xii) reselling, repurposing or redistributing any services
provided by us our contractors or our licensees without
our prior written consent; or impersonating any person
or entity or using a false name that you are not authorised
to use.
This list only serves to provide examples and is not
meant to be an exclusive list of the type of misuses
of the interactive services that may result in the restriction,
suspension or termination of your access to the Site.
Due to the global nature of the internet, users hereby
agree to comply with all local rules regarding on-line
conduct and acceptable content. Users also agree to
comply with any applicable rules regarding the export
of any data from any country.
The opinions expressed in live chat rooms and/or posted
on bulletin boards or on other interactive services
are not necessarily ours. Any statements, advice and
opinions made by such participants are those of such
participants only. We neither endorse nor shall be held
responsible for any such statements, advice or opinions.
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NO WARRANTIES |
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THIS SITE IS PROVIDED
"AS IS," AND YOUR USE THEREOF IS AT YOUR OWN
RISK. WE, OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND
ASSIGNS, DISCLAIM, TO THE FULLEST EXTENT PERMITTED BY
LAW, ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT
LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
WE DO NOT WARRANT THAT THE SITE WILL BE FREE FROM VIRUSES.
ALTHOUGH WE TAKE REASONABLE STEPS TO SECURE THE SITE,
YOU ACKNOWLEDGE THAT THE INTERNET IS NOT A COMPLETELY
SECURE MEDIUM AND WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED,
THAT ANY INFORMATION OR MATERIALS YOU POST ON OR TRANSMIT
THROUGH THE SITE WILL BE SAFE FROM UNAUTHORIZED ACCESS
OR USE. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE
REMEDY IS TO DISCONTINUE USING THE SITE.
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THIRD PARTY GOODS AND SERVICES |
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WE DO NOT VOUCH
FOR THOSE PERSONS, COMPANIES AND OTHER ORGANISATIONS WHOSE
GOODS OR SERVICES MAY BE ACCESSED OR DISPLAYED THROUGH
OR ON THE SITE.
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Your Responsibility |
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You should always
verify the information set out in this Site with independent
authorities before acting or relying on it. It is your
responsibility to use virus checking software on any material
downloaded from this Site and to ensure the compatibility
of such software with your equipment. In circumstances
where you provide us with information relating to any
third parties, you warrant that you have received that
third party's consent in relation to such disclosure and
that the third party has been informed of, and agrees
to, our Privacy Statement and the uses which we may make
of such information.
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NO LIABILITY |
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TO THE FULLEST
EXTENT PERMITTED BY LAW, WE, OUR OFFICERS, DIRECTORS,
EMPLOYEES, AGENTS AND ASSIGNS, HEREBY DISCLAIM ALL LIABILITY
FOR ANY LOSS, COST OR DAMAGE (DIRECT, INDIRECT, CONSEQUENTIAL,
OR OTHERWISE) SUFFERED BY YOU AS A RESULT OF YOUR USE
OF THE SITE OR FROM ANY COMPUTER VIRUS TRANSMITTED THROUGH
THE SITE, OR OTHER SITES ACCESSED FROM THIS SITE, WHETHER
SUCH LOSS, COST OR DAMAGE ARISES FROM OUR NEGLIGENCE OR
OTHERWISE AND EVEN IF WE ARE EXPRESSLY INFORMED OF THE
POSSIBILITY OF SUCH LOSS OR DAMAGE. IN NO EVENT SHALL
OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, COSTS, LOSSES
AND CAUSES OF ACTION IN THE AGGREGATE (WHETHER IN CONTRACT,
TORT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, OR OTHERWISE)
ARISING FROM THE TERMS AND CONDITIONS, INCLUDING OUR PRIVACY
STATEMENT, OR USE OF THE SITE EXCEED, IN THE AGGREGATE,
$100.00 (US).
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| 9.
Materials Submitted By You |
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Unless specifically
requested, we do not solicit nor do we wish to receive
any confidential or proprietary information or other material
from you through the Site, any of its services, by email,
or in any other way. Any information or material submitted
by you, and which has not been specifically requested
by us, will be deemed not to be confidential or proprietary.
You represent and warrant that you have the full, unrestricted
right to submit any and all information or other material
that you submit to us without violating the rights of
any third party. You agree that any information or materials
submitted by you to this Site, whether ideas, creative
concepts or other materials, may be used, reproduced and
disclosed by us without restriction for whatever purpose
we deem fit and without payment of any sum or acknowledgement
of you as their source. WE SHALL HAVE NO LIABILITY FOR
ANY LOSS OR DAMAGE SUFFERED BY YOU AS A RESULT OF USE
OR DISCLOSURE OF SUCH MATERIALS BY US TO THE EXTENT PERMITTED
BY LAW.
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User Information |
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In the course
of your use of the Site, you may be asked to provide personal
information to us (such information referred to hereinafter
as "User Information"). Our information collection
and use policies with respect to such User Information
are set forth in the Site Privacy Policy. You acknowledge
and agree that you are solely responsible for the accuracy
and content of the User Information.
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| 11.
Links from and to the Site |
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You acknowledge
and agree that we have no responsibility for the information
provided by Web sites to which you may link from this
Site ("Linked Sites"). Links to Linked Sites
do not constitute an endorsement by or association with
us of such sites or the content, products, advertising
or other materials presented on such sites. We have no
control over these Linked Sites and do not edit or monitor
them. You acknowledge and agree that we are not responsible
or liable, directly or indirectly, for any damage, loss
or cost caused or alleged to be caused by or in connection
with use of or reliance on any such content, goods or
services available on such Linked Sites.
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Indemnity |
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You will indemnify
us against any loss, damage or cost incurred by us arising
out of your use of the Site, any of its services or any
information accessible over or through the Site, including
information obtained from linked sites, your submission
or transmission of information or material on or through
the Site or your violation of these Terms of Use or any
other laws, regulations and rules. You will also indemnify
against any claims that information or material which
you have submitted to us is in violation of any law or
in breach of any third party rights (including, but not
limited to, claims in respect of defamation, invasion
of privacy, breach of confidence, infringement of copyright
or infringement of any other intellectual property right).
We reserve the right to exclusively defend and control
any claims arising from the above and any such indemnification
matters and that you will fully cooperate with us in any
such defenses.
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Restriction, Suspension and Termination |
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We may restrict,
suspend or terminate your access to the Site and/or your
ability to avail of any of the services on the Site, if
we believe that you have breached these Terms and Conditions
at any time. Any such restriction, suspension or termination
will be without prejudice to any rights, which we may
have against you in respect of your breach of these Terms
and Conditions. We may also remove the Site as a whole
or any sections or features of the Site at any time. Please
note that we have the ability to trace your IP address
and if necessary contact your ISP in the event of a suspected
breach of these Terms and Conditions.
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Entire Agreement |
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These Terms and
Conditions, including our Privacy Statement, constitutes
the entire agreement between you and us in relation to
its subject matter and supersedes any and all prior agreements
whatsoever between us. The failure by us to exercise or
enforce any right or provision of the Terms and Conditions
shall not constitute a waiver of such right or provision.
If any provision of the Terms and Conditions is found
by a court of competent jurisdiction to be unenforceable
or invalid, the parties nevertheless agree that the court
should endeavour to give effect to the parties' intentions
as reflected in the provision and the other provisions
of the Terms and Conditions shall remain in full force
and effect.
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Suspected Copyright or IP Infringement |
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We respect the
intellectual property rights of others and require that
the people who use the Site do the same. If you believe
that your work has been copied in a way that constitutes
copyright infringement, please forward the following information
to the ThermoGenesis Corp., Corporate Secertary, 2711
Citrus Road, Rancho Cordova, CA 95742:
(i) Your address, telephone number, and email address;
(ii) A description of the copyrighted work that you claim
has been infringed;
(iii) A description of the alleged infringing activity
and where the alleged infringing material is located;
(iv) A statement by you that you have a good faith belief
that the disputed use is not authorised by you, the copyright
owner, its agent, or the law;
(v) An electronic or physical signature of the person
authorised to act on behalf of the owner of the copyright
interest; and
(vi) A statement by you, made under penalty of perjury,
that the above information in your Notice is accurate
and that you are the copyright owner or authorised to
act on the copyright owner's behalf.
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Law and Jurisdiction |
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These Terms and
Conditions and the Privacy Statement and any matter relating
to this Site, shall be governed by California law.
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