Terms & Conditions
(Effective: August 15, 2011)
License to Access and Use
Champions Intellectual Property
Champions may provide you with a user account in order for you to access the Database. In the event Champions does provide you with a user account, you will receive a username and password. This user account is personal to you, and you will not share it or allow any other person to utilize your user account. You are responsible for maintaining the confidentiality of your username and password and are fully responsible for all activities that occur under your username and password. You agree to immediately notify Champions in the event you learn of or have reason to suspect any unauthorized use of your user account or any other breach of security.
Access & Opt-Out
By submitting your details you are indicating your consent to receive information related to your request, as well as products and services offered by Champions Oncology. Visitors who have registered to receive posters, case studies, access to the Database and other content can write Champions Oncology at the address listed below to access the information they have submitted. Individuals also have the opportunity to opt-out of receiving requested materials and other communication by clicking on the unsubscribe link at the bottom of Champions Oncology emails or writing to Champions Oncology at the address listed below.
One University Plaza, Suite 307
Hackensack, NJ 07601
Term and Termination
This Agreement may be terminated by either party at any time upon thirty (30) days' prior written notice to the other party. Upon termination of this Agreement, you shall terminate all use of the Web Site, the Database and Content. Termination or cancellation of this Agreement shall not affect any right or relief to which Champions may be entitled at law or in equity.
You acknowledge that the Web Site or the Database may contain or provide access to information, software, photos, video, text, graphics, music, sounds or other material provided by Champions or third parties (collectively, "Content") that are protected by copyrights, patents, trademarks, trade secrets or other intellectual property laws, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed.
Champions uses reasonable efforts to maintain the Web Site and the Database, but Champions is not responsible for any defects or failures associated with the Web Site, the Database, Content or any part thereof, or any damages (such as lost profits or other consequential damages) that may result from any such defects or failures. The Web Site or the Database may be inaccessible or inoperable for any reason, including, without limitation: (a) equipment malfunctions, (b) periodic maintenance procedures or repairs which Champions may undertake from time to time or (c) causes beyond the control of or unforeseeable by Champions.
PLEASE NOTE THE FOLLOWING IMPORTANT DISCLAIMERS OF WARRANTIES:
TO THE MAXIMUM EXTENT ALLOWED BY LAW, THE WEB SITE, THE DATABASE AND CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE," AND AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT ALLOWED BY LAW, CHAMPIONS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE AND NON-INFRINGEMENT.
WITHOUT LIMITATION, CHAMPIONS MAKES NO WARRANTY THAT THE WEB SITE, THE DATABASE OR CONTENT WILL MEET YOUR REQUIREMENTS, THAT USE OF THE FOREGOING WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT THE RESULTS OBTAINED FROM THE USE OF THE FOREGOING OR ANY INFORMATION FOUND THEREON WILL BE ACCURATE OR RELIABLE, OR THAT THE QUALITY OF CONTENT, INFORMATION OR OTHER MATERIAL OBTAINED THROUGH THE WEB SITE OR THE DATABASE WILL MEET YOUR EXPECTATIONS.
Limitation of Liability
TO THE MAXIMUM EXTENT ALLOWED BY LAW, YOU EXPRESSLY UNDERSTAND AND AGREE THAT CHAMPIONS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF CHAMPIONS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (A) THE USE OR THE INABILITY TO USE THE WEB SITE, THE DATABASE OR CONTENT; (B) THE COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS AND SERVICES RESULTING FROM ANY CONTENT, DATA OR INFORMATION OBTAINED FROM THE WEB SITE, THE DATABASE OR OTHERWISE; (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS, CONTENT OR DATA; OR (D) ANY OTHER MATTER RELATING TO THE WEB SITE, THE DATABASE OR CONTENT. IF YOU ARE DISSATISFIED WITH THE WEB SITE OR THE DATABASE, YOUR SOLE AND EXCLUSIVE REMEDY SHALL BE TO DISCONTINUE USE OF THE WEB SITE OR THE DATABASE AND PROVIDE NOTICE TO CHAMPIONS OF SUCH. TO THE MAXIMUM EXTENT ALLOWED BY LAW, IN NO EVENT SHALL CHAMPIONS' 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, FOR ACCESSING THE WEB SITE, THE DATABASE OR CONTENT. 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.
You agree to defend, indemnify and hold harmless Champions, its officers, members, directors, employees and agents from and against any and all claims, liabilities, damages, losses or expenses, including attorneys' fees and costs and expenses, arising out of or in any way connected with (a) your access to or use of the Web Site, the Database or any part thereof, (b) a breach or alleged breach by you of any of your representations, warranties, covenants or obligations under this Agreement, (c) infringement or misappropriation of any intellectual property or other rights of Champions or third parties by you, (d) any negligence or willful misconduct by you, (e) any other claim related to your performance under this Agreement, or (f) your use of the Web Site, the Database or Content.
Governing Law and Other Miscellaneous Terms
The parties and their respective personnel are and shall be independent contractors, and neither party by virtue of this Agreement shall have any right, power or authority to act or create any obligation, express or implied, on behalf of the other party.
Breach of the provisions of this Agreement would cause irreparable harm and significant injury to Champions which would be both difficult to ascertain and which would not be compensable by damages alone. As such, the parties agree that Champions has the right to enforce the provisions of this Agreement by injunction (without necessity of posting bond), specific performance or other equitable relief without prejudice to any other rights and remedies Champions may have for your breach of this Agreement.
If any action at law or in equity is necessary to enforce the terms of this Agreement, the prevailing party will be entitled to reasonable fees of attorneys, accountants and other professionals, and costs and expenses in addition to any other relief to which such prevailing party may be entitled.
This Agreement, including any other agreements or additional terms referenced herein, constitutes the complete and exclusive statement of the Agreement between the parties with respect to the Web Site, the Database and Content, and, unless otherwise expressly provided herein, it supersedes any and all prior or contemporaneous communications, representations, statements and understandings, whether oral or written, between the parties concerning the Web Site, the Database and Content. If any provision of this Agreement is found unlawful or unenforceable in any respect, the court shall reform such provision so as to render it enforceable or, if it is not possible to reform such provision so as to make it enforceable, then delete such provision. As so reformed or modified, the court shall fully enforce this Agreement. The provisions of this Agreement that by their content are intended to survive the expiration or termination of this Agreement, including, without limitation, provisions governing ownership and use of intellectual property, representations, disclaimers, warranties, liability, indemnification, governing law, jurisdiction, venue, remedies, rights after termination and interpretation of this Agreement, will survive the expiration or termination of this Agreement for their full statutory period.