Effective Date: June 2016
Product Management and Marketing Consulting Services
The following terms and conditions apply to your use of the enlightenbio LLC (“enlightenbio”) site (the “Site”) to which you may gain access via http://www.enlightenbio.com.
Your use of the enlightenbio Site is subject to the http://www.enlightenbio.com Privacy Policy, as currently located at http://www.privacypolicy.enlightenbio.com
Subject to these Terms of Use (this “Agreement”), enlightenbio LLC, (collectively and individually, “we”, “our” or “us”) make available certain on-line information (“Our Service”) to authorized users (“you” or “your”) via “Our Site”. Our Service presents information, data, content, reports, and other items, tangible or intangible, which are referred to as “Material.” Your use of Our Service and Our Site constitutes your acknowledgment of and assent to be bound by this Agreement.
Entire Agreement
Unless there is another written agreement between you and us that covers your use of part Unless there is another written agreement between you and us that covers your use of part or all of Our Service, this is the entire agreement between you and us. If there is another written agreement between you and us that covers your use of part of Our Service, this Agreement covers all other use of Our Service by you. Whenever new products or services become available, your use of them will be under this Agreement unless we notify you otherwise or another written agreement covers your use of those new products or services. In addition, particular sites or features of Our Service may have different or additional terms (“Special Terms”) which will be disclosed to you when you access those sites or features. Such Special Terms are incorporated into this Agreement with respect to such sites or features. If there is a conflict between the terms of this Agreement and the Special Terms, the Special Terms will govern with respect to such sites or features.
We may change this Agreement at any time and you can read a current copy of this Agreement at any time by selecting the “Terms & Conditions” link on Our Site. If any change is not acceptable, you must discontinue your use immediately; using Our Service after the date that this Agreement changes means you accept the changes. No change to this Agreement that is not posted on the Service is valid unless it is in writing and signed by both you and us.
Permitted Use, Limitations on Use
You may access and download the Material only as required to view the Material on your web browser for your individual use, keeping all copyright and other notices on the Material. You may print a single copy of Material for your use. You may not republish or distribute any Material or do anything else with the Material, which is not specifically permitted in this Agreement. You may access and download the Material only as required to view the Material on your web browser for multi-use when purchasing a “Site license”, keeping all copyright and other notices on the Report or Material. You may only print multiple copies of a Report or Material for your use within your site. You may not republish or distribute any Report or Material or do anything else with the Material, which is not specifically permitted in this Agreement.
When purchasing a “Single User license” the Report or Material is intended for a unique, single user only and cannot be distributed to anyone else. You may not republish or distribute any Report, Material or do anything else with the Report or Material, which is not specifically permitted in this agreement.
No Advice
The Material available on Our Service is for informational purposes only.
Links to Third Party Sites
Various links on Our Service will take you out of Our Service. These linked sites are not necessarily under our control. We are not responsible for the contents of any linked page or any other page not under our control. We provide these links only as a convenience; the inclusion of a link does not imply endorsement of that linked site. enlightenbio is not responsible for the privacy practices of these other websites and we encourage you to review the privacy policies of each of those other websites. We make no representation with regard to the policies or business practices of any websites to which you connect via a link from the enlightenbio Site or Our Service, and are not responsible for any material contained on, or any transactions that occur between you and, any such website.
Limitation of Liability
TO THE EXTENT ALLOWED BY APPLICABLE LAW AND DESPITE ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY OR LIMITATION OF LIABILITY, (A) IN NO EVENT WILL ENLIGHTENBIO BE LIABLE FOR ANY LOSS OF PROFITS, LOSS OF BUSINESS, LOSS OF USE OR DATA, OR INTERRUPTION OF BUSINESS, OR FOR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OF ANY KIND ARISING FROM OR RELATING TO YOUR USE OF OUR SERVICE OR THE DATA MADE AVAILABLE VIA THE ENLIGHTENBIO SITE OR OUR SERVICE, EVEN IF ENLIGHTENBIO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, HOWEVER CAUSED. YOUR ACCESS TO AND USE OF OUR SERVICE ARE AT YOUR SOLE RISK. OUR SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.” OUR SERVICE IS FOR YOUR PERSONAL USE ONLY AND WE MAKE NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. WE EXPRESSLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE.
We do not warrant the accuracy, completeness, currentness or other characteristics of any Material available on or through Our Service. If you are dissatisfied with the Material or Our Service or with these Terms of Use, your sole and exclusive remedy is to stop using Our Service. We will not pay you any damages.
Governing Law
These Terms and conditions are to be construed in accordance with and governed by the internal laws of the State of California without regard to its conflict of laws principles. Any legal suit, action, or proceeding arising out of or relating to these Terms and conditions or your use of Our Service will be commenced in a federal court in the Northern District of California or in state court in San Francisco County, California. No failure or delay in enforcing any right shall be a waiver of that or any other right. If any term of this Agreement is held invalid, illegal, or unenforceable, the remaining portions shall not be affected.
Indemnification
You agree to indemnify, defend, and hold harmless enlightenbio, its subsidiaries, affiliates, officers, directors, employees, and agents from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms.
Copyright
Unless specifically stated in conjunction with particular Material, all Material is copyrighted by us. You have no rights in or to the Material and you may not use any Material other than as permitted under this Agreement.
Trademark
All trade names, trademarks, service marks and other product and service names and logos on Our Service or in the Material are the proprietary trademarks of their respective owners and are protected by applicable trademark and copyright laws.
