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Terms of Service

1. OVERVIEW

These Terms of Service (“Terms”) govern the website located at https://avmbiotech.com/ (“Site”) that is operated by AVM Biotechnology, LLC (“AVM”). Throughout the Site, the terms “we”, “us” and “our” refer to AVM. AVM offers this Site, and any information, text, graphics, photos, products, or other materials and information uploaded, downloaded, appearing, or available on the Site  (collectively, “Services”) to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

For purposes of these Terms, “you” and “your” means you as the user of the Services. If you use the Services on behalf of a company, another entity or person, then “you” includes you and that entity or person, and you represent and warrant that (a) you are an authorized representative of such entity or person with the authority to bind such entity or person to these Terms, and (b) you agree to these Terms on such entity’s or person’s behalf.

Please note that Section 14 contains a class action waiver. By agreeing to the Terms, you agree that you waive your right to participate in class actions, class arbitrations, or representative actions.

2. ELIGIBILITY

The Services, including the Site, are available only to individuals and entities that can form legally binding contracts under applicable law. Without limiting the foregoing, the Services are not available to minors. If you do not qualify, you may not use the Services. You warrant that you are eighteen (18) years of age or older to use the Services in any way.

3. INTELLECTUAL PROPERTY POLICY

AVM owns the intellectual property rights in this Site’s contents (the “Site Material”), including, but not limited to, the text, graphics, and images on this Site. By using this Site, you agree to be bound by the intellectual property policy as set forth in this section.

Unless expressly authorized by AVM in writing, the Site Material may not be copied, distributed, republished, uploaded, posted, or transmitted in any way without the prior written consent of AVM. In doing so, you may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Site Material. Modification or use of the Site Material except as expressly provided in these Terms violates AVM’s intellectual property rights. Neither title nor intellectual property rights are transferred to you by access to the Site.

4. LIMITED LICENSE TO SITE MATERIAL

AVM grants you a limited, revocable, and non-transferrable license to view and download a single copy of the Site Material, to the extent necessary for you to access this Site. You agree to retain all copyright and other proprietary notices contained in the original Site Material on any copy you make of such material. You may not sell or modify the Site Material or reproduce, display, distribute or otherwise use the Site Material in any way for any commercial purpose. Use of the Site Material on any other website or in any networked environment is prohibited. The names, marks and logos appearing on the Site or included in the Site Material are, unless otherwise noted, trademarks owned by or licensed to AVM. Unauthorized use of the Site Material violates copyright, trademark and other intellectual property laws.

5. PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the Site or its content: (a) for any unlawful or unauthorized purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services or on the Site, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Services or the Site, other websites, or the Internet. AVM reserves the right to refuse or terminate service or use of the Services or Site to anyone for any reason or no reason at any time.

6. PHYSICIAN INQUIRIES, USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request you send certain submissions, including submissions related to compassionate care services, or without a request from AVM you send creative ideas, suggestions, proposals, plans, feedback, information, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “Submissions”), you agree that AVM may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium such submissions. AVM is and shall be under no obligation (1) to maintain any Submissions in confidence; (2) to pay compensation for any Submissions; or (3) to respond to any Submissions.

You agree that your Submissions will not violate any right of any third-party, including privacy, copyright, trademark, personality or other personal or proprietary right. Without limiting the foregoing, you specifically agree that you will not submit or otherwise send AVM any protected health information as defined by the Health Insurance Portability and Accountability Act as amended (“HIPAA”) unless such transfer occurs pursuant to an agreement in compliance with HIPAA, and any state law(s) applicable to such information.

You further agree that your Submissions will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way impair the operation of the Services or the Site as determined by us. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead AVM or third-parties as to the origin of any Submissions. You are solely responsible for any Submissions you make and their accuracy. AVM takes no responsibility and assume no liability for any Submissions by you or any third-party.

7. ACCURACY, COMPLETENESS AND TIMELINESS OF SITE MATERIAL

AVM is not responsible if information made available on this Site is not accurate, complete or current. The material on this Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this Site is at your own risk.

This Site may contain certain historical information. Historical information, necessarily, is not current and is provided for convenience only. AVM reserves the right to update, modify, and amend the contents of this Site at any time, but AVM has no obligation to do so. You agree that it is your responsibility to monitor changes to our Site and to independently verify information upon which you rely.

Occasionally there may be information on our Site or in the Services that contains typographical errors, inaccuracies or omissions that may relate to product or service descriptions, pricing, promotions, offers, shipping charges, transit times and availability. AVM reserves the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Services or on the Site is inaccurate at any time without prior notice.

No specified update or refresh date applied in the Services or on the Site, should be taken to indicate that all information in the Services or on the Site has been modified or updated.

 

The marketing contents of the Site are for informational purposes only and do not constitute an offer of securities. Nothing herein is intended as an offer or solicitation in any jurisdiction or to any potential investor where such offer or sale is not qualified or exempt from regulation.

The Site provides selected information about a range of disease topics. Like any printed material, it may become out of date over time. The Site is not designed to give specific medical advice and should not be relied on as doing so. AVM recommends that any user requiring medical advice should consult a physician or other medical professional. Product information contained in the Site is intended for residents of the U.S., unless otherwise specified. Product labeling for AVM products approved for marketing outside of the U.S. may be different from the product labeling for such products approved by the U.S. Food and Drug Administration.

8. SITE TOOLS

AVM may now, or in the future, offer optional services and/or features through the Site (including, the release of new tools and resources). Such features and/or services are also subject to these Terms of Service.

Such features and/or services may include access to third-party tools which AVM neither monitors nor do AVM have any control nor input. You acknowledge and agree that AVM provides access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. AVM shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the Site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

9. SECURITY

Our Site is hosted by a third party. They provide AVM with the online platform that allows AVM to provide the Site to you. You understand that Submissions, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. You agree that AVM is not responsible for the security of Submissions transmitted over the Internet.

10. THIRD-PARTY LINKS

Content, products and services available via the Services may include materials from third parties.

Certain hyperlinks on this Site may direct you to third-party websites that are not affiliated with us. AVM provides these hyperlinks for your convenience, and are not responsible for examining or evaluating the content or accuracy and AVM does not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties.

AVM is not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, concerns, or questions regarding third-party products should be directed to the third party.

11. INDEMNIFICATION

You hereby indemnify, defend and hold AVM and each of our owners, partners, subsidiaries, affiliates, franchisees and each of such person’s or entities’ officers, directors, agents, contractors, subcontractors, visitors, licensees, invitees, permittees and employees (collectively, the “Indemnified Parties”) harmless from and against any and all allegations, demands, claims, liabilities, damages, fines, penalties or costs of whatsoever nature (including reasonable attorneys’ fees) and whether by reason of death of or injury to any person or loss of or damage to any property or otherwise (“Claims”) arising out of or in any way connected with these Terms, the Services, Site Material, or any related act or failure to act by you and whether or not occasioned or contributed to by the negligence of AVM or any agent or employee of the Indemnified Parties or any of them (except as and to the extent prohibited by applicable law) or Claims arising from your interaction with the Services, including, without limitation, any Claims related to infringement by you of the intellectual property rights of any person, including without limitation, copyright, patent, trade secret, trade mark, artist rights, droit moral, privacy, publicity or rights under other intellectual property laws. In the event that any Claim is made or any action or proceeding is brought against the Indemnified Parties, or any of them, arising out of or connected with these Terms, any such Indemnified Party may, by reasonable notice to you, require you, at your expense, to resist such Claim or take over the defense of any such action or proceeding and employ counsel for such purpose, such counsel to be subject to the prior written approval of such Indemnified Party, which approval shall be deemed to have been given hereby in the case of counsel acting for your insurance underwriters engaged in such resistance or defense. You shall cooperate with AVM in the defense of any Claim. AVM reserves the right, at your own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

12. DISCLAIMER OF WARRANTIES

ELECTRONIC TRANSMISSIONS, INCLUDING THE INTERNET, ARE PUBLIC MEDIA, AND ANY USE OF SUCH MEDIA IS PUBLIC AND NOT PRIVATE. INFORMATION RELATED TO OR ARISING FROM SUCH USE IS PUBLIC, OR THE PROPERTY OF THOSE COLLECTING INFORMATION, AND NOT PERSONAL OR PRIVATE INFORMATION.

THIS SITE IS PROVIDED ON AN “AS IS” BASIS AND IS TO BE USED AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, AVM DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, OF ANY KIND, REGARDING THIS SITE, SERVICES, AND INFORMATION. THE WARRANTIES DISCLAIMED HEREIN INCLUDE, BUT ARE NOT LIMITED IN KIND OR LIMITED TO, ACCESSIBILITY, ACCURACY, AVAILABILITY, CAPABILITY, CAPACITY, COMPATIBILITY, COMPLETENESS, DESIGN, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, NON-INFRINGEMENT, SECURITY, FREEDOM FROM COMPUTER VIRUS, SUFFICIENCY, SUITABILITY, TITLE, OR ANY ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.

NO ORAL ADVICE OR WRITTEN CORRESPONDENCE OR INFORMATION PROVIDED BY AVM OR ANY OF THE INDEMNIFIED PARTIES WILL CREATE A WARRANTY OF ANY KIND AND USERS SHOULD NOT RELY ON ANY SUCH CORRESPONDENCE, INFORMATION OR ADVICE.

AVM DOES NOT WARRANT THAT THE SITE OR THE SERVICES, CONTENT, SITE MATERIAL, PRODUCT INFORMATION OR FUNCTIONS CONTAINED IN THE SITE WILL BE CONTINUOUSLY AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE, SERVICES, CONTENT, SITE MATERIAL, INFORMATION OR THE SERVERS THAT MAKE THE SITE OR SUCH SERVICES, CONTENT AND SITE MATERIAL AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR ARE ACCURATE OR COMPLETE. AVM DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICES, CONTENT, SITE MATERIAL, FUNCTIONS, PRODUCT INFORMATION OR PRODUCTS AVAILABLE THROUGH THE SITE WITH RESPECT TO THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION RELATED TO YOUR USE OF THE SERVICES. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

In the event AVM is held liable for any damages related to such matters, your sole and exclusive remedy will be limited to reimbursement for services or products paid by you to the entity held liable which were provided by such entity. You hereby waive any and all rights to bring any Claim related to such matters in any forum beyond one (1) year after the first occurrence of the kind of act, event, condition or omission upon which the Claim is based.

The Indemnified Parties are not responsible for telephone, electric, electronic, network, Internet, computer, hardware or software program malfunctions, failures, delays or difficulties, or late, lost, stolen, illegible, incomplete, garbled, misdirected, mutilated or postage due mail, e-mail, form postings, connections, messages or entries, or the security of any and all such matters.

13. LIMITATION OF LIABILITY

AVM WILL NOT BE LIABLE FOR ANY DAMAGES OR LOSSES, INCLUDING DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES AND/OR LOST PROFITS, IN CONNECTION WITH USE OF THIS SITE. YOU ASSUME THE RISK THAT YOU MAY BE UNABLE TO USE THIS SITE, AND THAT USE OF THIS SITE MAY BE INTERRUPTED.

TO THE FULLEST EXTENT PERMISSIBLE BY LAW, IN NO EVENT SHALL AVM BE LIABLE FOR ANY CONSEQUENTIAL, COST OF COVER, DIRECT, INCIDENTAL, INDIRECT, LOST PROFITS, PUNITIVE, RELIANCE, OR SPECIAL DAMAGES ARISING OUT OF THE USE OF OR THE INABILITY TO USE THIS SITE. THIS LIMITATION SHALL APPLY REGARDLESS OF WHETHER THE DAMAGES ARISE OUT OF WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY OR FORM OF ACTION, AND REGARDLESS OF WHETHER AVM IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY (INCLUDING NEGLIGENCE).

IN ADDITION, AVM HAS NO DUTY TO UPDATE THE SITE OR THE CONTENTS THEREOF. 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. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, TO AVM. IF YOU ARE DISSATISFIED WITH THE SITE OR ANY OF THE PRODUCTS, AND/OR SERVICES OFFERED IN CONNECTION THEREWITH OR ASSOCIATED THEREWITH, AS THE CASE MAY BE, YOUR SOLE AND EXCLUSIVE REMEDY SHALL BE TO DISCONTINUE USE OF THE SITE AND TERMINATE THESE TERMS IN ACCORDANCE WITH THE TERMS HEREOF.

14. RELEASE OF CLAIMS

BY UTILIZING THE SITE, YOU ACKNOWLEDGE AND AGREE THAT THE INDEMNIFIED PARTIES ARE RELEASED, DISCHARGED AND HELD HARMLESS FROM AND ARE NOT RESPONSIBLE OR LIABLE FOR ANY LIABILITY WITH RESPECT TO ALL ASPECTS OF THE SITE (INCLUDING WITHOUT LIMITATION ALL INDIVIDUAL, CLASS, AND REPRESENTATIVE CLAIMS AS WELL AS ANY ILLNESS, LOSSES, LITIGATION, PERSONAL INJURY, DEATH, PROPERTY DAMAGE, AND CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION, OR INVASION OF PRIVACY, REASONABLE ATTORNEYS’ FEES AND COURT COSTS) THAT MAY OCCUR FROM USE OF THE SITE OR THE ACCEPTANCE, POSSESSION, USE OR MISUSE OF INFORMATION, SITE MATERIAL, SERVICES OR PRODUCTS RELATED THERETO OR ACQUIRED THEREFROM. AVM RESERVES THE RIGHT AT ANY TIME AND WITHOUT LIABILITY TO RESTRICT OR REFUSE ACCESS TO THE SITE AND ITS SERVICES, CONTENT, SITE MATERIAL AND FUNCTIONS TO ANYONE.

You also acknowledge that there is a possibility that subsequent to your acceptance of these Terms, you will discover facts or incur or suffer claims which were unknown or unsuspected at the time these Terms were agreed to, and which if known by it at that time may have materially affected its decision to accept these Terms. You acknowledge and agree that by reason of these Terms, and the release contained in this section of these Terms, you are assuming any risk of such unknown facts and such unknown and unsuspected claims.

This release shall constitute a full release. You knowingly and voluntarily waive the provisions of such claims, as well as any other statute, law or rule of similar effect.

15. CHANGES TO SERVICES OR TERMS OF SERVICE

Pricing for Services is subject to change without notice. AVM reserves the right at any time to modify or discontinue the Services (or any part or content thereof) without notice at any time. AVM shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Services.

You can review the most current version of the Terms of Service at any time on the Site. AVM reserves the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to the Site. It is your responsibility to check our Site periodically for changes. Your continued use of or access to our Site or the Services following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

16. DIGITAL SIGNATURES

You represent and warrant that you have the legal right, power and authority to agree to these Terms on behalf of yourself and/or any entity on whose behalf you are acting. You further agree that your use constitutes an electronic signature and that you have formed, executed, entered into, accepted the conditions of and otherwise authenticated these Terms and acknowledged and agreed that these Terms are valid, have legal effect, are enforceable, and are binding on, and non-refutable by you and/or any entity on whose behalf you are acting.

 

17. MISCELLANEOUS PROVISIONS

a. SEVERABILITY

If any provision of these Terms is found to be invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.

b. ENTIRE AGREEMENT

Except as expressly provided in these Terms or on this Site or as expressly agreed by both parties in writing, these Terms constitute the entire agreement between you and AVM with respect to your use of the Site.

c. WAIVERS

Failure by AVM to enforce any provision hereof shall not be constitute waiver of such provision.  No waiver by AVM of any breach of any provision of these Terms shall constitute a waiver of any prior, concurrent or subsequent breach of the same or any other provision in these Terms. No waiver shall be effective unless made in writing and signed by the authorized representative of the waiving party.

d. ASSIGNMENT

These Terms shall not be assignable by you, either in whole or in part. AVM reserves the right to assign its rights and obligations under these Terms. Any purported assignment in violation of this section shall be void.

e. INTERPRETATION

Headings are for reference purposes only and in no way define, limit, construe, or describe the scope or extent of such section. Any ambiguity in the interpretation of these Terms shall not be construed against the drafting party.

f. DISPUTE RESOLUTION AND GOVERNING LAW

These Terms of Service shall be construed in accordance with and governed by the laws of the United States and the State of Washington, without respect to any conflict of laws principles. You hereby irrevocably submit to the jurisdiction of the courts situated in King County, Washington with respect to any dispute, disagreement, or cause of action related to or involving this Site.

g. TERM

These Terms shall remain in full force and effect whenever you are using this Site or the Services, are effective until terminated by either party. You may terminate these Terms of Service at any time by notifying AVM that you no longer wish to use the Services, or when you cease using our Site. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of these Terms of Service for all purposes.

If in our sole judgment you fail, or AVM suspects that you have failed, to comply with any term or provision of these Terms of Service, AVM also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to the Services (or any part thereof).

If you are allowed to make an account through the Services, AVM may terminate your account at any time, without warning, for any violation of these Terms. If AVM terminates your account, these Terms shall remain applicable to any and all activities that occurred on your account prior to its termination.

18. EFFECTIVE DATE

These Terms are effective August 31, 2020.

19. CONTACT INFORMATION

Questions about the Terms of Service should be submitted to AVM using the contact information at https://avmbiotech.com/contact/.

 

 

 

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