These Terms of Use (the “Terms of Use” or the “Agreement”) describe the terms on which you may access and use the www.cytrellis.com (the “Website”), which is owned and operated by Cytrellis Biosystems, Inc. (“Cytrellis”). By using this Website, you signify that you have read, understand and agree to be bound by this Agreement. Your continued use of this Website following the posting of any changes to the Terms of Use constitutes acceptance of those changes. In the event of any inconsistency between the Cytrellis Biosystems, Inc. Privacy Policy and this Agreement, this Agreement shall control.
We may revise the Terms of Use from time to time by updating this posting, with the new terms taking effect on the date of posting. You should review these Terms of Use every time you use the Cytrellis website because they are binding on you. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS SET FORTH HERE, PLEASE DO NOT USE THIS WEBSITE.
Notice of Waiver of Jury Trial and Class Actions
If you are a resident of the United States (including its possessions and territories), by accepting these Terms of Use, you are agreeing to the waiver of jury trial and class actions as set forth below to resolve any disputes with Cytrellis.
TERMINATION
Cytrellis reserves the right, in its sole discretion, to terminate your access to all or part of this Website, with or without notice. Examples of activity that may lead to a termination of your use of the Website include your breach of any of these Terms of Use.
THIS WEBSITE DOES NOT PROVIDE MEDICAL ADVICE
Material on this Website is provided for general informational purposes only. Inclusion of information on this site does not imply any medical advice, recommendation or warranty. Information provided is not a substitute for the advice of an appropriate health professional. Always seek the advice of your physician or other qualified health provider regarding any medical condition.
If you think you may have a medical emergency, call your doctor or 911 immediately.
While all attempts will be made to keep this site current, information may become outdated over time, or superseded by subsequent disclosure. This Website could also include technical or other inaccuracies or typographical errors. Cytrellis assumes no liability for accuracy, completeness or usefulness of the information contained on this Website. Changes may be periodically added to the information and these changes will be incorporated in new editions of this Website.
YOUR RIGHTS TO USE THE WEBSITE
Subject to your compliance with this Agreement, Cytrellis grants you a limited, personal, non-exclusive, revocable, non-assignable and non-transferable right and license to use the Website and any products, services, information, or other materials available on or through the Website, subject to the limitations described in the remainder of this section and elsewhere in this Agreement.
The rights granted to you in the paragraph above and elsewhere in this Agreement are subject to the following limitations:
- You agree to use the Website and any products, services, information or other materials available on or through the Website only for lawful, personal and informational purposes. You agree that you will not use any resource made available on the Website in any manner that is malicious or that violates any applicable local, state, national or international law, or the intellectual property or proprietary rights of any third party;
- You agree not to copy, reproduce, distribute, display portions of, or link to the Website or any products, services, information or other materials available on or through the Website for commercial purposes without the prior express written consent of Cytrellis;
- You agree not to post on or transmit onto the Website any information that you know to be untrue, that is unlawful, fraudulent, threatening, malicious, harassing, abusive, libelous, defamatory, obscene, or otherwise objectionable or harmful, or that contains or links to a virus, bug, worm, malware, Trojan horse or other harmful or disruptive element;
- You agree not to use any automated tool, such as a web scraping tool, a bot or web robot or web automation, to mine the Website or any products, services, information or other materials available on or through the Website for information or to fill out forms on the Website, that you will not circumvent any technical measures implemented to prevent or limit such access, and that you will comply with the restrictions in any robot exclusion header; and
- You will not circumvent or attempt to circumvent any security or access control technology implemented on the Website, or any servers, network or associated systems or physical premises operated by or for the benefit of Cytrellis.
Cytrellis reserves the right to view, monitor and record activity on the Website without notice or permission. We may monitor use to optimize the site, understand what is of interest to visitors, and otherwise to enhance the operation of the site, assure its availability, and prevent misuse of the Website. Any information obtained by monitoring, reviewing or recording activity on the Website is subject to review by us or on our behalf as well as by law enforcement organizations in connection with investigation or prosecution of possible criminal activity on the Website. Cytrellis will comply with all court orders involving requests for such information.
PROPRIETARY RIGHTS IN WEBSITE CONTENT
Cytrellis retains all copyright and other proprietary rights in the contents of this Website (the “Content”). Elements of this Website are protected by copyright, trade dress and other laws, and may not be copied or imitated in whole or in part. Nothing shall be construed as granting you any license under any patent, trademark or copyright of Cytrellis or any third party. Certain portions of this Website contain information supplied by updated by third parties, or include links to third-party sites. Cytrellis is not responsible for, and makes no warranty as to the accuracy of, such information or sites.
You are not permitted to use the trademarks displayed on this Website without the prior written consent of Cytrellis or the third party that may own the trademarks.
No Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, transmitted or sold in any form or by any means, in whole or in part, without Cytrellis’s prior written permission. You may download or print a copy of any portion of the Content solely for your personal, non-commercial use, provided that you keep all copyright or other proprietary notices intact. You may not republish Content on any Internet, Intranet or Extranet website or incorporate the information in any other database or compilation. Any other use of the Content is strictly prohibited.
LINKS TO OTHER WEBSITES
This Website may contain links to other websites. We are not responsible for the content, accuracy or opinions expressed in such websites, and such websites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked website on or through this Website does not imply approval or endorsement of the linked website by us. If you decide to leave this Website and access these third party websites, you do so at your own risk.
LIMITATION OF LIABILITY
Cytrellis, its affiliates and any of its, or their, directors, officers, employees, or agents shall not, under any circumstances, be liable for direct, consequential, incidental, indirect or special damages of any kind, or any other damages whatsoever, including, without limitation, those resulting from loss of use, data or profits, and whether resulting from the use or inability of use of any contents of this Website (or a Website linked to this Website), or any other cause and even if caused by negligence or if we have been apprised of the likelihood of such damages occurring.
The above limitation, or exclusion, may not apply to you to the extent that applicable law prohibits the limitation or exclusion of liability for incidental or consequential damages. Cytrellis’s total liability to you hereunder shall not, in any event, exceed your online charges for accessing this Website.
DISCLAIMER OF WARRANTIES
YOU UNDERSTAND AND AGREE THAT THIS WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THAT CYTRELLIS DOES NOT ASSUME ANY RESPONSIBILITY FOR PROMPT AND PROPER DELIVERY, OR RETENTION OF ANY PERSONAL INFORMATION. CYTRELLIS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
CYTRELLIS MAKES NO WARRANTY THAT (1) THE WEBSITE WILL MEET YOUR REQUIREMENTS, (2) THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (3) THE QUALITY OF ANY INFORMATION OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE WEBSITE WILL MEET YOUR EXPECTATIONS, AND (4) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CYTRELLIS OR THROUGH OR FROM THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
WAIVER OF JURY TRIAL AND CLASS ACTIONS
BY ENTERING INTO THESE TERMS OF USE, YOU AND CYTRELLIS ACKNOWLEDGE AND AGREE TO WAIVE CERTAIN RIGHTS TO LITIGATE DISPUTES IN COURT, TO RECEIVE A JURY TRIAL OR TO PARTICIPATE AS A PLAINTIFF OR AS A CLASS MEMBER IN ANY CLAIM ON A CLASS OR CONSOLIDATED BASIS OR IN A REPRESENTATIVE CAPACITY. YOU AND CYTRELLIS BOTH AGREE THAT ANY ARBITRATION WILL BE CONDUCTED ON AN INDIVIDUAL BASIS AND NOT A CONSOLIDATED, CLASS-WIDE OR REPRESENTATIVE BASIS AND THE ARBITRATOR SHALL HAVE NO AUTHORITY TO PROCEED WITH AN ARBITRATION ON A CLASS OR REPRESENTATIVE BASIS. THE ARBITRATOR MAY AWARD INJUNCTIVE RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT PARTY’S INDIVIDUAL CLAIM. IF FOR ANY REASON THE ARBITRATION CLAUSE SET FORTH IN THESE TERMS OF USE IS DEEMED INAPPLICABLE OR INVALID, OR TO THE EXTENT THE ARBITRATION CLAUSE ALLOWS FOR LITIGATION OF DISPUTES IN COURT, YOU AND CYTRELLIS BOTH WAIVE, TO THE FULLEST EXTENT ALLOWED BY LAW, ANY RIGHT TO PURSUE OR TO PARTICIPATE AS A PLAINTIFF OR AS A CLASS MEMBER IN ANY CLAIM ON A CLASS OR CONSOLIDATED BASIS OR IN A REPRESENTATIVE CAPACITY.
INDEMNIFICATION
By accepting these Terms of Use, you agree to indemnify and otherwise hold harmless and its officers, employees, agents, subsidiaries, affiliates, licensors, suppliers and other partners from any direct, indirect, incidental, special, consequential or exemplary damages resulting from your use of this Website.
Without limitation of the terms and conditions set forth in our Privacy Policy, you understand and agree that Cytrellis may disclose personally identifiable information if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to comply with legal process, enforce this Agreement, or protect the rights, property, or safety of Cytrellis and the public.
JURISDICTION
This Website (excluding linked sites) is controlled by Cytrellis from its offices in the State of Massachusetts in the United States. By accessing this Website, you and Cytrellis agree that all matters relating to your access to, or use of, this Website shall be governed by the statutes and laws of the State of Massachusetts, without regard to its conflicts of laws principles. You and Cytrellis also agree, and submit to the exclusive personal jurisdiction and venue of the courts of the State of Massachusetts with respect to such matters. Cytrellis makes no representation that materials on this Website are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative, and are responsible for compliance with local laws.
NOTICES
Cytrellis may deliver notice to you under these Terms of Use by means of e-mail, a general notice posted on this Website, or by written communication delivered by first class U.S. mail to the address that you have provided to Cytrellis. You may give notice to, or submit comments or questions to, Cytrellis at any time via e-mail or by letter delivered by first-class postage prepared U.S. mall or overnight courier to the following address:
Cytrellis Biosystems, Inc.
Attn: Terms of Use
34 Commerce Way
Woburn, MA 01801
E-mail: info@cytrellis.com
SURVIVAL
The provisions of these Terms of Use entitled “Limitation of Liability,” “Disclaimer of Warranties,” “Indemnification,” “Jurisdiction” and “General Provisions” will survive the termination of this Agreement.
GENERAL PROVISIONS
Except as provided in a particular “Legal Notice” on this website, these Terms of Use, along with the Privacy Policy, constitute the entire agreement and understanding between you and Cytrellis with respect to use of this Website, superseding all prior or contemporaneous communications with Cytrellis. These Terms of Use are severable, and in the event any provision is determined to be invalid or unenforceable, such invalidity or unenforceability shall not in any way affect the validity or enforceability of the remaining provisions. A printed version of these Terms of Use shall be admissible in judicial or administrative proceedings based upon or relating to use of the Website to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. The section titles of this Agreement are displayed for convenience only and have no legal effect. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
CYTRELLIS VIRTUAL PATENT MARKING
Cytrellis Biosystems, Inc. products are protected by patents in the U.S. and elsewhere. This website is provided to satisfy the virtual patent marking provisions of various jurisdictions including the virtual patent marking provisions of the America Invents Act. The following list of Cytrellis products may not be all inclusive, and other Cytrellis products not listed here may be protected by one or more patents.
Ellacor System with Micro-Coring Technology
Protected by U.S. Patents: US9,439,673, US10,327,800, US11,324,534, US11,364,049