These Terms of Use (the “Terms”) set forth your rights and responsibilities when using the Epicore Biosystems, Inc. (“Epicore Biosystems,” “us,” “we,” or “our”) services, products, and mobile applications provided and operated by Epicore Biosystems (collectively, the “Services”). These Terms govern your access to, and use of, the Services. Please read these Terms carefully. The term “you”, as used in these Terms, means any person or entity who accesses or uses the Services and any person or entity who creates an Account (defined below) and accepts these Terms. These Terms give you specific legal rights. In addition, you may also have other legal rights which vary from jurisdiction to jurisdiction. The disclaimers, exclusions, limitations of liability, indemnification, waiver of jury trial, and waiver of punitive damages under these Terms will not apply to the extent prohibited by applicable law. Some jurisdictions do not allow the exclusion of implied warranties or the exclusion or limitation of incidental or consequential damages or other rights, so those provisions of these Terms may not apply to you.
THESE TERMS ARE A LEGAL AGREEMENT. BY ACCEPTING THESE TERMS BY ACCESSING AND USING THE SERVICES, YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY AND CAPACITY TO ACCEPT AND AGREE TO THESE TERMS ON BEHALF OF YOURSELF. IF YOU DO NOT AGREE WITH ANY OF THE PROVISIONS OF THESE TERMS, YOU SHOULD CEASE ACCESSING OR USING THE SERVICES.
AS DESCRIBED BELOW, THE TERMS INCLUDE THE USE OF MANDATORY BINDING ARBITRATION, A CLASS ACTION WAIVER AND A WAIVER OF JURY TRIALS. THE TERMS ALSO LIMIT THE REMEDIES THAT MAY BE AVAILABLE TO YOU IN THE EVENT OF A DISPUTE. PLEASE READ THE TERMS CAREFULLY, AS YOU ARE ACKNOWLEDGING THEM AND ACCEPTING THEM.
These Terms govern your use of the Services. The Services include access to the Epicore Biosystems mobile application, including everything provided through or as part of the Services, such as all services, software, and Epicore Biosystems Content (defined below). To be clear, the Services do not include, and Epicore Biosystems does not provide, any healthcare services or medical products.
Certain features of the Services may be subject to additional guidelines, terms or rules, which will be posted on or provided in connection with such features or Services. All such additional terms, guidelines and rules, including the Epicore Biosystems Privacy Policy (collectively, the “Additional Terms”), are incorporated by reference into these Terms and you are agreeing to accept and abide by them by using the Services. In the event of a conflict between any Additional Terms and any provision in these Terms, the Additional Terms will prevail, but only with respect to the portion of the Services to which such Additional Terms apply. You agree to comply with all rules or restrictions that are posted on or in connection with the Services.
Term and Effect of Termination. Subject to this Section and the “Survivability” Section, these Terms will remain in full force and effect while you use the Services or until terminated in accordance with the provisions of these Terms. Upon termination of your rights under these Terms, your Account and right to access and use the Services will terminate immediately.
Eligibility.You may use the Services only if you are at least eighteen (18) years of age. If Epicore Biosystems becomes aware that we have unknowingly collected personal information from a child under the age of eighteen (18), we will take commercially reasonable efforts to delete such data from our system.
System Requirements.You are solely responsible for providing and maintaining, at your own risk, option, and expense, appropriate equipment, software, hardware, and other technology needed for you to access and use the Services, which must comply with any technical, quality, or other requirements we publish or otherwise make available. For example, use of the Services on a mobile device requires a compatible mobile device with at least a certain version of the applicable operating system and internet access. We may change these requirements at any time upon publication or other notice, with or without prior notice. You acknowledge that Epicore Biosystems is not responsible for the safeguarding, loss, or recovery of any data stored on your hardware. You are solely responsible for these requirements, including any applicable changes, updates, and fees, as well as for complying with the terms of your agreement with your mobile device, internet service, telecommunications, and other service providers.
Your Account. To use certain Services, you must register for a user account (“Account”) and provide certain information about yourself, as prompted by the applicable registration form. You represent that all required registration information and other information that you submit is truthful and accurate and you will maintain the accuracy of such information. You are entirely responsible for maintaining the confidentiality of your Account login information and for all activities that occur under your Account. If prompted for a password, you agree to use “strong” passwords (passwords that use a combination of upper- and lower-case letters, numbers and symbols) with your Account and to maintain your password securely to prevent others from gaining access. You agree to immediately notify Epicore Biosystems of any unauthorized use or suspected unauthorized use of your Account, or any other breach of security.
Account Termination.You may terminate your Account at any time, for any reason, by emailing privacy@epicorebiosystems.comand requesting deletion of your account. At any time, Epicore Biosystems may suspend or terminate your rights to use the Services (including your Account) for any reason at its sole discretion, including for any use of the Services in violation of these Terms. Upon any termination of your Account, you must cease any further use of the Services. You acknowledge and understand that any termination of your Account may involve deletion of your information associated with your Account, including User Content, from Epicore Biosystems’ databases. Epicore Biosystems will not have any liability whatsoever to you for termination of your Account or deletion or removal of (or failure to delete or remove) your information associated with your Account, including User Content. If at any time you are not happy with the Services, your sole remedy is to cease using the Services and follow this termination process.
Access and Use. Subject to these Terms, Epicore Biosystems grants you a non-transferable, non-exclusive, revocable, limited right to access and use the Services for your personal use. Epicore Biosystems reserves the right in its sole discretion to refuse any and all current or future use of the Services (or any portion thereof) at any time for any reason.
Certain Restrictions. The rights granted to you in these Terms are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Services, whether in whole or in part; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Services; (c) except as expressly stated herein, no part of the Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means; (e) you shall not access the Services in order to build a similar or competitive website, product, or service; (f) you shall not upload, transmit or distribute any computer viruses, worms or any software intended to damage or alter a computer or communications network, computer, handheld mobile device, data, the Services or any other system, device or property; and (g) you shall not remove or destroy any copyright notices or other proprietary markings contained in the Services. Any unauthorized use of the Services terminates the rights granted by Epicore Biosystems pursuant to these Terms.
Modification. Epicore Biosystems reserves the right, at any time, to modify, suspend, or discontinue the Services (in whole or in part) with or without notice to you.
No Support or Maintenance; Updates. Unless otherwise indicated, any future release, Update (defined below), or other addition to functionality of the Services shall be subject to these Terms. You acknowledge and agree that Epicore Biosystems will have no obligation to provide you with any support or maintenance in connection with the Services. You agree that Epicore Biosystems is not obligated to create or provide any corrections, updates, upgrades, bug fixes, and/or enhancements of the Services (each an “Update”). You acknowledge that portions of the Services may not properly operate if you do not install all Updates. Epicore Biosystems may also suspend your access to Services until you install certain Updates.
Security. Epicore Biosystems cares about the integrity and security of your personal information and endeavors to implement appropriate security measures. However, Epicore Biosystems cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
By accessing the Services, you acknowledge and understand the following:
Epicore Biosystems Property. Excluding any User Content that you may provide, you acknowledge that all intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Services and content made available through the Services (the “Epicore Biosystems Content”) are owned by Epicore Biosystems or its licensors. Epicore Biosystems’ name, logo, and the product names associated with the Services belong to Epicore Biosystems (or its licensors, where applicable), and no right or license is granted to you to use them by implication, estoppel or otherwise. Neither these Terms nor your access to the Services transfers to you or any third party any rights, title or interest in or to such intellectual property rights, except for the limited access rights expressly set forth in these Terms. Epicore Biosystems and its licensors reserve all rights not granted in these Terms.
User Content. Each user owns his or her own User Content. “User Content” means any and all information and content that a user submits to, or uses with, the Services, including, but not limited to information and content entered, uploaded, transmitted or stored using the Services (e.g., content in the user’s Account), other than Feedback (defined below). You assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness or usefulness by Epicore Biosystems and others. You hereby represent and warrant that your User Content does not violate these Terms. Epicore Biosystems is not obligated to backup any User Content, and your User Content may be deleted at any time without prior notice.
User Content License; Aggregated and Anonymized Data. By accessing the Services and providing your User Content for the purposes described in these Terms, you expressly grant to Epicore Biosystems an irrevocable, worldwide, non-exclusive, royalty-free, fully paid up, sublicensable and transferable license to store, process, analyze, compare, index, use, reproduce, and otherwise exploit your User Content (whether such information pertains to you or another person) for any and all lawful purposes including, without limitation: (i) operating and providing the Services; (ii) making improvements and modifications to the Services; and (iii) combining your and other users’User Contentto compile and generate aggregated and anonymized data about users of the Services (“Aggregated and Anonymized Data”). No individual user will be identified or reasonably identifiable in such Aggregated and Anonymized Data and the Aggregated and Anonymized Data will not include any personally identifiable information. You acknowledge and agree that all Aggregated and Anonymized Data will belong to Epicore Biosystems and may be used, exploited (including publishing, distributing, selling, licensing, and otherwise exploiting such data) and retained indefinitely by Epicore Biosystems.
Feedback. You agree that submission of any ideas, suggestions, and/or proposals to us regarding the Services or any other aspect of Epicore Biosystems (“Feedback”) is at your own risk and that Epicore Biosystems has no obligations (including, without limitation, obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant Epicore Biosystems a fully paid, royalty-free, perpetual, irrevocable, worldwide, non- exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner it deems appropriate, any and all Feedback, and to sublicense the foregoing rights. Epicore Biosystems will treat any Feedback you provide to Epicore Biosystems as non-confidential and non- proprietary.
You warrant, represent and agree that you will not use the Services in a manner that (i) infringes or violates the intellectual property rights or proprietary rights, rights of publicity or privacy or other rights of any third party; (ii) violates any law, statute, ordinance or regulation or is otherwise illegal; (iii) is harmful, fraudulent, deceptive, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous or otherwise objectionable, or that would give rise to civil liability, or constitute or encourage conduct that could constitute a criminal offense, under any applicable law or regulation; (iv) impersonates any person or entity, including, without limitation, any employee or representative of Epicore Biosystems, or falsifies or misrepresents yourself or your affiliation with any person or entity; (v) contains a virus, Trojan Horse, worm, time bomb or other harmful computer code, file or program; (vi) jeopardizes the security of your Account or anyone else’s Account (such as allowing someone else to log into the Services as you); (vii) attempts, in any manner, to obtain or access the password, account, products, devices, systems, or other security information from any other user or third party; (viii) violates the security of any computer network or cracks any passwords or security encryption codes; (ix) runs any form of auto-responder or “spam” on the Services or any processes that otherwise interfere with the proper working of the Services (including by placing an unreasonable load on the Services’ infrastructure); (x) copies or stores any portion of another user’s User Content that you know, or reasonably should know, cannot legally be distributed in such manner; (xi) decompiles, reverse-engineers or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Services; or (xii) denigrates or disrupts any network capacity or functionality.
We reserve the right (but have no obligation) to investigate and/or take appropriate action against you in our sole discretion if you violate any provision of these Terms or otherwise create liability for Epicore Biosystems or any other person or entity. Such action may include removing or modifying your User Content, terminating your Account, and/or reporting you to law enforcement authorities.
The Services may contain links to other websites operated by third parties and/or display advertisements for third parties (collectively, “Third-Party Links”). Such Third-Party Links are not under our control. Epicore Biosystems provides these Third-Party Links only as a convenience and does not review, approve, monitor, endorse, warrant or make any representations with respect to such Third-Party Links. Your use of these Third-Party Links is at your own risk.
You agree to indemnify and hold Epicore Biosystems and its officers, directors, employees, contractors, consultants, licensors and agents (the “Indemnified Parties”) harmless from any claims, liabilities, damages, judgments, awards, losses, costs, expenses and fees (including attorneys’ fees) arising out of or relating to (1) your use of, inability to use, or reliance upon the Services; (2) your violation of these Terms; (3) any User Content or Feedback your provide; (4) your violation of applicable laws or regulations; (5) your violation of any rights of another party, including any other users; or (6) your interaction with any other user. Epicore Biosystems reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Epicore Biosystems, and you agree to cooperate with our defense of such claims. You agree not to settle any such claim without Epicore Biosystems’ prior written consent. Epicore Biosystems will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it. You agree that the provisions in this Section will survive any termination of your Account, the Terms, or your access to the Services.
1. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THESERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. EPICORE BIOSYSTEMS AND OUR LICENSORS AND SUPPLIERS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT..
2. EPICORE BIOSYSTEMS AND OUR LICENSORS AND SUPPLIERS MAKE NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE, OR THAT DEFECTS IN THE SERVICES WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM EPICORE BIOSYSTEMS (OR ITS AUTHORIZED REPRESENTATIVES) OR THOUGH THE SERVICES, SHALL CREATE ANY WARRANTY.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL EPICORE BIOSYSTEMS OR ITS AFFILIATES, LICENSORS OR SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST DATA, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS, OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, THE SERVICES, HOWEVER CAUSED, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PROPRIETARY RIGHTS INFRINGEMENT, PRODUCT LIABILITY OR OTHERWISE, EVEN IF EPICORE BIOSYSTEMS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SERVICES IS AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING FROM YOUR ACCESS TO, AND USE OF, THE SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, EPICORE BIOSYSTEMS’, ITS AFFILIATES’, LICENSORS’ AND SUPPLIERS’ TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THESE TERMS (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO AN AMOUNT NEVER TO EXCEED THE GREATER OF: (i) THE FEES ACTUALLY PAID BY YOU TO EPICORE BIOSYSTEMS, IF ANY, FOR THE SERVICES IN THE TWELVE (12) MONTHS PRECEDING THE EVENT OR CIRCUMSTANCES GIVING RISE TO SUCH CLAIMS, OR (ii) $1,000. THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. If you are a California resident, you waive California Civil Code Section 1542, which states: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release, and that if known by him or her would have materially affected his or her settlement with the debtor or released party.”
Initial Dispute Resolution. Epicore Biosystems is available by email at privacy@epicorebiosystems.com to address any concerns you may have regarding your use of the Services. Most concerns may be quickly resolved in this manner. You agree to use best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations which shall be a precondition to either party initiating a lawsuit or arbitration.
Agreement to Binding Arbitration. If the parties do not reach an agreed upon solution within a period of thirty (30) days from the time informal dispute resolution is pursued pursuant to the “Initial Dispute Resolution" paragraph above, then either you or Epicore Biosystems may initiate binding arbitration. All claims arising out of or relating to these Terms (including their formation, performance and breach), the parties’ relationship with each other and/or your use of the Services shall be finally settled by binding arbitration administered on a confidential basis by JAMS. Disputes involving claims and counterclaims under $250,000, not inclusive of attorneys’ fees and interest, shall be subject to JAMS’s most current version of the Streamlined Arbitration Rules and Procedures, excluding any rules or procedures governing or permitting class actions. All other claims shall be subject to JAMS’s most current version of the Comprehensive Arbitration Rules and Procedures, excluding any rules or procedures governing or permitting class actions. Each party will have the right to use legal counsel in connection with arbitration at its own expense. The parties shall select a single neutral arbitrator in accordance with the JAMS Streamlined Arbitration Rules and Procedures. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms, including, but not limited to, any claim that all or any part of these Terms is void or voidable. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be in writing and provide a statement of the essential findings and conclusions, shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. The interpretation and enforcement of these Terms shall be subject to the Federal Arbitration Act. The JAMS rules governing the arbitration may be accessed at https://www.jamsadr.com/adr-rules-procedures. If you initiate arbitration, to the extent the filing fee for the arbitration exceeds Two Hundred and Fifty U.S. Dollars ($250) and the claim is found to be non- frivolous, Epicore Biosystems will pay the additional cost. If Epicore Biosystems is required to pay the additional cost of the filing fees, you should submit a request for payment of fees to JAMS along with your form for initiating the arbitration, and Epicore Biosystems will make arrangements to pay all necessary fees directly to JAMS. Epicore Biosystems will also be responsible for paying all other arbitration costs arising in connection with the arbitration, other than costs incurred by you for legal counsel, travel and other out-of-pocket costs and expenses not constituting fees or amounts payable to JAMS. You will not be required to pay fees and costs incurred by Epicore Biosystems if you do not prevail in arbitration. Epicore Biosystems will also pay JAMS to reimburse you for any portion of the $250 filing fee that is more than what you would otherwise have to pay to file suit in a court of law.
THIS ARBITRATION IS MANDATORY AND NOT PERMISSIVE. You understand that, absent this mandatory provision, you would have the right to sue in court and have a jury trial. You further understand that the right to discovery may be more limited in arbitration than in court.
Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in court and are subject to very limited review by a court. In the event any litigation should arise between you and Epicore Biosystems in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND EPICORE BIOSYSTEMS WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.
Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES ARISING OUT OF OR RELATING TO THESE TERMS, YOUR USE OF THE SERVICES, AND THE MATTERS CONTEMPLATED HEREBY MUST BE LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. In the event that this subparagraph is deemed invalid or unenforceable neither you nor Epicore Biosystems are entitled to arbitration and instead claims and disputes shall be resolved in a court located in Boston, Massachusetts.
Venue for Litigation. To the extent that the arbitration provisions set forth in these Terms do not apply, you agree that any litigation shall be filed exclusively in state or federal courts located in Suffolk County, Massachusetts. You and Epicore Biosystems expressly consent to exclusive jurisdiction in Suffolk County, Illinois for any litigation. In the event of litigation relating to these Terms or the Services, you agree to waive, to the maximum extent permitted by law, any right to a jury trial, except where a jury trial waiver is not permissible under applicable law.
Changes to these Terms. Epicore Biosystems reserves the right to make changes to these Terms. Epicore Biosystems will notify you of any changes to our Terms by posting the new Terms on this page or the Services. If we make any substantial changes, we may notify you by sending you an email to the last e- mail address you provided to us (if any), and/or by posting notice of the changes on or in connection with the Services. You should ensure that you have read and agree with the most recent Terms when you use the Services. Continued use of the Services following notice of such changes shall indicate your acknowledgment of such changes and agreement to be bound by the revised Terms. If you do not agree with any of the changes to any of the Terms, you should cease accessing or using the Services.
Governing Law; Venue. These Terms, and any claim, dispute, action, cause of action, issue, or request for relief arising out of or relating to these Terms or your use of the Services shall be governed by the laws of the State of Massachusetts without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction.
Protection of Confidentiality and Intellectual Property Rights.Notwithstanding anything to the contrary in these Terms, Epicore Biosystems may seek injunctive or other equitable relief to protect its confidential information and intellectual property rights or to prevent loss of data or damage to its servers in any court of competent jurisdiction.
Entire Agreement; Waiver; Section Titles; Severability. These Terms constitute the entire agreement between you and Epicore Biosystems regarding the use of the Services. Any failure by Epicore Biosystems to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Neither party is an agent or partner of the other party.
Survivability. All provisions of these Terms which by their nature should survive, will survive any expiration or termination of these Terms, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.
Assignment. These Terms, and any associated rights or obligations, may not be assigned or otherwise transferred by you without Epicore Biosystems’ prior written consent. These Terms may be assigned by Epicore Biosystems without restriction. These Terms are binding upon and will inure to the benefit of both parties and their respective successors, heirs, executors, administrators, personal representatives, and permitted assigns.
Notifications. Epicore Biosystems may provide notifications to you as required by law, or for marketing or other purposes, via (at its option) email to the primary email associated with your Account or posting of such notice on the Services. Epicore Biosystems is not responsible for any automatic filtering that you or your network provider may apply to email notifications. For contractual purposes, you (a) consent to receive communications from Epicore Biosystems in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Epicore Biosystems provides to you electronically satisfy any legal requirement that such communications would satisfy if they were in a hardcopy writing. The foregoing does not affect your non-waivable rights.
© Epicore Biosystems
2024 - All rights reserved