Last Updated: January 27, 2016
These Terms apply to your access to and use of the websites of Nortis, Inc. (“Nortis,” “we,” “us” or “our”), including www.nortisbio.com (collectively, “Sites”). These Terms do not alter in any way the terms or conditions of any other agreement you may have with Nortis for products, services or otherwise. If you are accessing or using the Sites on behalf of any entity, you represent and warrant that you are authorized to accept these Terms on such entity’s behalf and that such entity agrees to be responsible to us if you violate these Terms.
We reserve the right to change or modify these Terms at any time and in our sole discretion. If we make changes to these Terms, we will provide notice of such changes, such as by posting the revised Terms to the Site and updating the “Last Updated” date above, sending you an email notification or providing notice through the Sites. Your continued use of the Sites will confirm your acceptance of the revised Terms. If you do not agree to the revised Terms, you must stop accessing and using the Sites.
All questions or comments about the Sites should be directed to firstname.lastname@example.org.
ELIGIBILITY AND ACCOUNTS
In order to access and use certain areas or features of the Sites and to make purchases through the Sites, you will need to register for a customer account. By completing and submitting a new customer application or otherwise registering for a customer account, you agree to: (a) provide accurate, current and complete information; (b) maintain and promptly update your information to ensure that it remains accurate, current and complete; (c) maintain the security of your password and accept all risks of unauthorized access to your account and the information you provide to us; and (d) immediately notify us if you discover or otherwise suspect any security breach related to your account or the Sites.
COPYRIGHT AND LIMITED LICENSE
Unless otherwise indicated in writing by us, the Sites and all content and other materials on the Sites, including, without limitation, the Nortis logo and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, the “Site Materials”) are the proprietary property of Nortis or its licensors and are protected by U.S. and international copyright laws.
You are granted a limited, non-transferable, non-exclusive license to access and use the Site Materials; provided, however, that such license is subject to these Terms and does not include: (a) any resale or commercial use of the Site Materials; (b) the distribution, public performance or public display of any Site Materials; (c) modifying or otherwise making any derivative uses of the Site Materials, or any portion thereof; (d) use of any data mining, robots or similar data gathering or extraction methods; (e) downloading (other than page caching) of any portion of the Site Materials, except as expressly permitted on the Sites; or (f) any use of the Site Materials other than for their intended purpose. Any use of the Site Materials other than as specifically authorized herein, without the prior written permission of Nortis, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including, without limitation, copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable by us at any time.
“Nortis,” the Nortis logos and any other product or service names, logos or slogans that may appear on the Sites are trademarks of Nortis or our suppliers or licensors and may not be copied, imitated or used, in whole or in part, without the prior written permission of Nortis or the applicable trademark holder. Any authorized use of these trademarks must be in accordance with guidelines that Nortis may provide you from time to time.
You may not use any metatags or any other hidden text utilizing “Nortis” or any other name, trademark or product or service name of Nortis without our prior written permission. In addition, the look and feel of the Sites, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Nortis or our licensors and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned or displayed on the Sites are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us or any other affiliation
You are granted a limited, non-exclusive right to create a text hyperlink to the Sites for noncommercial purposes, provided such link does not portray Nortis or any of our products or services in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked by us at any time. You may not use any Nortis names, logos, slogans or other proprietary graphics of Nortis to link to the Sites without our express written permission. Further, you may not use, frame or utilize framing techniques to enclose any Nortis trademarks or Site Materials on the Sites without our express written consent.
Nortis does not make any claim or representation regarding, or accept any responsibility for, the nature, quality, reliability or content of third-party websites accessible via hyperlinks from the Sites or of any third-party websites linking to the Sites. Such websites are not under our control. We may provide hyperlinks to third-party websites from the Sites for your use only as a convenience, and our inclusion of any hyperlink on the Sites does not imply our affiliation, endorsement or adoption of any such website or any information contained therein. When you leave the Sites, our terms and policies no longer govern. You should review the applicable terms and policies (including privacy and data protection policies) of any third-party website to which you navigate from the Sites.
Nortis may display content, advertisements and promotions from third parties through the Sites (collectively, “Third-Party Content”). Nortis does not control, endorse or adopt any Third-Party Content and makes no representations or warranties of any kind regarding the Third-Party Content, including, without limitation, regarding its accuracy, reliability or completeness. You acknowledge and agree that your interactions with third parties providing Third-Party Content are solely between you and those third parties, and that Nortis is not responsible or liable in any manner for such interactions or Third-Party Content.
You can submit questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, about the Site, Nortis or our products or services (collectively, “Feedback”). Nortis shall own, and you hereby assign to Nortis, all right, title and interest in and to all Feedback you submit, including all intellectual property rights therein. Nortis shall be entitled to the unrestricted use and dissemination of Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you. You agree to execute any documentation required by Nortis (in our sole discretion) to confirm such assignment to, and unrestricted use and dissemination by, Nortis of such Feedback.
You agree to defend, indemnify and hold harmless Nortis and its directors, officers, employees and agents (collectively, the “Nortis Parties”) from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to (a) your use of the Sites; (b) any Feedback you provide; (c) your conduct or your violation of these Terms; or (d) your violation of the rights of any third party.
THE SITES AND SITE MATERIALS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, AND, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NORTIS DISCLAIMS ALL STATUTORY AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND TITLE AND NON-INFRINGEMENT AS TO THE SITES AND SITE MATERIALS.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (A) IN NO EVENT SHALL THE NORTIS PARTIES BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE SITE MATERIALS; AND (B) IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE NORTIS PARTIES, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SITE EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO NORTIS FOR ACCESS TO OR USE OF THE SITES.
MODIFICATIONS TO THE SITE
Nortis reserves the right to modify or discontinue, temporarily or permanently, the Sites or any features or portions thereof without prior notice.
Any dispute between the parties will be governed by these Terms and the laws of the State of Washington and applicable United States law, without giving effect to any conflict of laws principles that may provide for the application of the law of another jurisdiction.
Notwithstanding any of these Terms, Nortis reserves the right, without notice and in our sole discretion, to terminate your license to use the Site Materials, and to block or prevent your future access to and use of the Site Materials.
If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.