Last Updated 8/15/16
Updates to this Agreement
We may revise or otherwise change or update this Agreement. Please check the “Last Updated” legend at the top of this page to see when this Agreement was last revised. Changes will become effective immediately after they are posted. A current version of this Agreement showing the effective date is always available at this location. We encourage you to periodically review this Agreement to see if there have been any changes that may affect you. If you do not agree to this Agreement as modified, then you must discontinue your use of the Website. Your continued use of the Website will signify your continued agreement to this Agreement as it may be revised from time to time.
While using the Website, you are required to comply with all applicable statutes, orders, regulations, rules, and other laws. You may not use the Website for any fraudulent or unlawful purpose, and you may not take any action to interfere with the Website or any other user’s use of the Website. In addition, we expect users of the Website to respect the rights and dignity of others. By way of example and not of limitation, you may not (and you expressly agree that you will not) do any of the following, which violate this Agreement:
- Transmit, distribute, facilitate distribution of or otherwise make available to or through the Website any unlawful, infringing, harmful, harassing, defamatory, threatening, intimidating, fraudulent, tortious, vulgar or otherwise objectionable material of any kind, including unauthorized or unsolicited advertising;
- Reproduce, duplicate or copy any portion of the Website, except as authorized by this Agreement;
- Sell, resell or otherwise exploit for any commercial purposes any portion of, the use of or access to the Website without the prior written consent of Morphonix;
- Impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Website, or express or imply that we endorse any statement you make;
- Remove any copyright, trademark or other proprietary rights notice from the Website or materials originating from the Website;
- Violate or attempt to violate the security of the Website;
- Disseminate on the Website any viruses, worms, spyware, adware or other malicious computer code, file or program that is harmful, invasive or may or is intended to damage or hijack the operation of, or monitor the use of, any hardware, software or equipment;
- Use any data mining, bots, spiders, automated tools or similar data gathering and extraction methods, directly or indirectly, on the Website or to collect any information from the Website or any other user of the Website; or
- Assist or permit any persons in violating this Agreement or applicable statutes, orders, regulations, rules, and other laws governing the use of the Website.
Intellectual Property Rights
All content (“Content”) available through the Website is protected by copyrights, trademarks or other proprietary rights and laws. Except as set forth herein or otherwise agreed in writing by Morphonix or other rights owner(s), the use of any Content available on the Website is strictly prohibited.
You may use Content purposely made available by us for public use, provided that you (a) keep intact all copyright and other proprietary notices, (b) use such Content pursuant to any associated licenses, (c) do not copy or post such Content on any networked computer or broadcast it in any media, (d) make no modifications to the Content, and (e) do not make any additional representations or warranties relating to the Content on behalf of Morphonix.
Any rights not expressly granted herein are reserved.
Changes to the Website
We may make improvements and/or changes to the Website, add new features, or terminate the Website at any time without notice. We also: (a) reserve the right (but have no obligation) to change the Content or other offerings on the Website, at any time and from time to time without any notice or liability to you or any other person; and (b) do not warrant that information on the Website is accurate, complete, reliable, current or error-free. Some jurisdictions may not allow the exclusions and disclaimers of certain implied warranties, so some of the provisions of this section may not apply to you.
Any information, statements, opinions or other Content provided by third parties and made available on our Website are those of the respective author(s) and not Morphonix. We do not guarantee the validity, accuracy, truthfulness, completeness, reliability or usefulness of any information, statement, opinion or other Content on our Website other than from an authorized Morphonix representative acting in his or her official capacity. Under no circumstance will Morphonix be liable for any loss or damage caused, directly or indirectly, by your reliance on any such third-party Content.
Links to Third-Party Websites
Morphonix may provide on the Website, solely as a convenience to users, links to websites operated by third parties. If you use these links, you will leave our Website. If you decide to visit any linked website, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. Morphonix does not make any warranty or representation regarding, or endorse or otherwise sponsor, any linked websites or the information appearing thereon or any of the products or services described thereon. Links do not imply that Morphonix is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked website is authorized to use any trademark, trade name, logo or copyright symbol of Morphonix.
YOU AGREE THAT YOUR USE OF THIRD-PARTY WEBSITES AND RESOURCES, INCLUDING WITHOUT LIMITATION YOUR USE OF ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS OR OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH WEBSITES AND RESOURCES, IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH WEBSITES AND RESOURCES.
Notice of Copyright Infringement
If you believe that any Content on the Website infringes upon any copyright which you own or control, you may send a written notification, containing the information required under 17 U.S.C. §512(c)(3), to our Designated Copyright Agent as set forth below:
Designated Copyright Agent: Karen Littman
Address: 3001 Bridgeway, Ste K 343, Sausalito, CA 94965.
Other Policies and Terms
The Website and this Agreement are in effect until terminated by Morphonix. In addition to any right or remedy that may be available to Morphonix under applicable law, Morphonix may suspend, limit or terminate all or a portion of your access to the Website or any of its features at any time with or without notice and with or without cause, including without limitation, if Morphonix believes that you have violated or acted inconsistently with the letter or spirit of this Agreement. The provisions of this Agreement concerning authorized use, intellectual property rights, disclaimer of warranty, limitation of liability and indemnity, as well as any other provisions that by their nature should survive, shall survive any such termination.
You agree that if your use of the Website is terminated pursuant to this Agreement, you will not attempt to use the Website under any name, real or assumed. You further agree that if you violate this restriction after your use of the Website is terminated, you will indemnify and hold us harmless from any and all liability that we may incur therefor. We reserve the right to have all violators prosecuted to the fullest extent of the law.
If you are under the age of 13, please do not use or access the Website. It is not our intention to collect or use personal information from anyone under 13 years of age, and we will not knowingly do so.
Disclaimer of Warranty
Morphonix DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, VALIDITY, ACCURACY, RELIABILITY OF, OR OTHERWISE RESPECTING THE CONTENT AVAILABLE ON THE WEBSITE OR ANY OTHER WEBSITES LINKED TO OR FROM THE WEBSITE. OBTAINING ANY CONTENT THROUGH THE WEBSITE IS DONE AT YOUR OWN RISK. THE CONTENT OF THE WEBSITE IS PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT POSSIBLE UNDER APPLICABLE LAW, MORPHONIX DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT.
Limitation of Liability
MORPHONIX AND EACH OF ITS MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND CONTRACTORS (COLLECTIVELY, THE “RELEASEES”) WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR RELATING TO THE USE OF OR THE INABILITY TO USE THE WEBSITE, THE WEBSITE’S CONTENT OR LINKS, INCLUDING BUT NOT LIMITED TO DAMAGES CAUSED BY OR RELATED TO ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, COMPUTER VIRUSES OR LINE FAILURES. THE RELEASEES SHALL NOT HAVE ANY LIABILITY OR RESPONSIBILITY FOR ANY ACTS, OMISSIONS OR CONDUCT OF ANY USER OR OTHER THIRD PARTY.
THE RELEASEES WILL ALSO NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, EVEN IF THEY have BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONs MAY NOT APPLY TO YOU.
You agree to indemnify, defend and hold harmless Morphonix and its members, directors, officers, employees, agents and contractors from and against any and all claims, damages, losses, costs (including without limitation reasonable attorneys’ fees) or other expenses that arise directly or indirectly out of or from (a) your breach of any provision of this Agreement; (b) your activities in connection with the Website; or (c) unsolicited information you provide to Morphonix.
Consent to Communication
If you provide us with a telephone number, address or email address, you expressly agree that we, or our authorized agents, can use that telephone number, address or email address to contact you.
You consent to receive electronically any communications related to your use of the Website. We may communicate with you by mail, email or by posting notices on the Website. You agree that all agreements, notices, disclosures and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing. All notices from Morphonix intended for receipt by a user in connection with the Website shall be deemed delivered and effective when sent to the address or email address provided by the user to Morphonix.
Effect of Invalidity
In the event a court having jurisdiction finds any portion of this Agreement unenforceable, that portion shall not be effective and the remainder of the Agreement shall remain effective.
No waiver, express or implied, by either party of any breach of or default under this Agreement will constitute a continuing waiver of such breach or default or be deemed to be a waiver of any preceding or subsequent breach or default.
The Website is controlled, operated and administered by Morphonix (or its licensees) from its offices within the United States of America and is not intended to subject Morphonix to the laws or jurisdiction of any state, country or territory other than that of the United States. MORPHONIX DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE OR ANY PART THEREOF IS APPROPRIATE OR AVAILABLE FOR USE IN ANY PARTICULAR JURISDICTION OTHER THAN THE UNITED STATES. Those who choose to access the Website do so on their own initiative and at their own risk, and are responsible for complying with all statutes, orders, regulations, rules and other laws of applicable jurisdictions.
Choice of Law
If you have questions about this Agreement, or if you have technical questions about the operation of the Website, please contact us at 3001 Bridgeway, Ste K 343, Sausalito, CA 94965.