General We may from time to time change the rules that govern your use of our Site. Your use of our Site following any such change constitutes your agreement to follow and be bound by the rules as changed. We may change, move or delete portions of, or may add to, our Site from time to time. Site Contents Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs, video clips, and written and other materials that are part of this Site (collectively, the "Contents") are copyrights, trademarks, trade dress and/or other intellectual properties owned or controlled by BIOMED. The Site as a whole is protected by copyright, all worldwide rights, titles and interests in and to which are owned by BIOMED. The Contents of our Site, and the Site as a whole, are intended solely for the users of our Site and their personal, noncommercial use of the Site and its Contents. You may download or copy the Contents displayed on the Site for your personal use only. No right, title, or interest in any downloaded materials is transferred to you due to any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Contents from the Site. Restriction of Liability BIOMED will not be liable for any damages or injury caused by the use of the Site, including but not limited to, any failure of performance, error, omission, interruption, defect, delay in operation of transmission, computer virus, or line failure. BIOMED will not be liable for any damages or injury, including but not limited to, special or consequential damages that result from the use of, or the inability to use, the materials in this site, even if there is negligence on the part of BIOMED. The above limitation or exclusion may not apply to you to the extent that applicable law may not allow the limitation or exclusion of liability for incidental or consequential damages. BIOMED's total liability to you for all losses, damages, and causes of action [in contract, tort (including without limitation, negligence), or otherwise] will not be greater than the amount you paid to access this site. Links to Other Web Sites BIOMED makes no representation whatsoever regarding the content of any other web sites that you may access from the Site. When you access a non-BIOMED web site, please understand that it is independent from BIOMED, and that BIOMED has no control over the content on that web site. A link to a non-BIOMED web site does not mean that BIOMED endorses or accepts any responsibility for the content or use of such web site. Indemnification You agree to defend, indemnify and hold BIOMED harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the Site. Termination This Agreement is effective unless and until terminated by either you or BIOMED. You may terminate this Agreement at any time. BIOMED may also terminate this Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Site, if in BIOMED's sole discretion, you fail to comply with any term or provision of this Agreement. Upon any termination of this Agreement by either you or BIOMED, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials, whether made under the terms of this Agreement or otherwise. Disclaimer THIS SITE AND ALL CONTENTS OF THE SITE ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOUR USE OF THE SITE IS ACKNOWLEDGEMENT THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF OUR SITE, AND THAT, TO THE EXTENT ALLOWED BY LAW, BIOMED SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THIS SITE. Miscellaneous This Site is controlled and operated by BIOMED from its offices in Philadelphia, PA. This Agreement shall be governed by and construed in accordance with laws of the the State of Pennsylvania, United States of America, without giving effect to any principles of conflicts of law. If any provision of this Agreement is held to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed stricken from this Agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire Agreement between the parties relating to the subject matter herein and shall not be modified except by a written document, signed by both parties.
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