Terms of Use
HILLSTAR BIO, INC. and its affiliates (“Hillstar Bio,” we,” “us” or “our”) operates and makes this website (the “Website”) available. Use of our Website is subject to these Terms and Conditions. Before using this Website, please review these Terms and Conditions. By accessing or using the Website, or by clicking to accept or agree to the Terms and Conditions, if that option is made available to you, you accept and agree to be bound and abide by these Terms and Conditions. You may use the Website only for lawful purposes and in accordance with these Terms and Conditions. If you do not want to agree to these Terms and Conditions, you must not access, browse or use the Website. We may make changes to these Terms and Agreement at any time in our sole discretion. All changes to these Terms and Conditions are effective when posted to the Website. Your continued use of the Website following the posting of any changes constitutes your acceptance of the changes. You should check this page each time you access the Website so that you are aware of any changes to the Terms and Conditions, as they are binding on you.
Use of this Website also constitutes acceptance of our Privacy Policy, which you can access by clicking here. Use of this Website is at your own risk.
HILLSTAR BIO DOES NOT PROVIDE MEDICAL ADVICE
Information posted on this Website related to certain medical conditions and their treatment is general in nature and is intended only for educational and general information purposes. We do not offer medical advice, diagnosis or treatment from this Website, and none of the information contained on this Website should be construed as providing medical advice or services of any kind. Only your doctor or other health care provider can determine if you have a specific medical condition or whether a particular medical treatment is appropriate for you. If you are having a medical emergency, call your doctor or 911 immediately instead of reviewing information on this Website.
OWNERSHIP AND USE OF CONTENT
This Website and its entire content, features and functionality (including but not limited to software, text, displays, images, video and audio, and the design, selection and arrangement thereof) (collectively, the “Content”) is owned by Hillstar Bio or made available to us through arrangements that we have with one or more third parties and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property laws. Unauthorized use of any Content may violate copyright, trademark or other laws. You have no rights in or to any Content, and you will not use, modify any, copy, reproduce, display, publicly perform, make a derivative work of, distribute or otherwise use any Content in any way for any purpose, including without limitation any public or commercial purpose except as permitted by these Terms and Conditions. No other use is permitted without our prior written consent. You must retain all copyright and other proprietary notices contained in the original Content on any copy you make of the Content. The use or posting of any Content on any other website or in a networked computer environment for any purpose is prohibited. If you violate any part of this Agreement, your right to access and/or use any Content or the Website shall automatically terminate and you must destroy any copies you have made of any Content.
Trademarks. The Hillstar Bio name and all related names, logos, product and service names, designs and slogans are trademarks or service marks (collectively, “Trademarks”) of Hillstar Bio or its affiliates or licensors. You may not use such marks without the prior written permission of Hillstar Bio, and nothing on the Website or in these Terms and Conditions should be construed as granting any license or right to use any Trademarks displayed on the Website. All other names, logos, product and service names, designs and slogans on the Website are the trademarks or service marks (“Third-Party Trademarks”) of their respective owners and all rights therein are reserved by their respective owners. The Trademarks and Third-Party Trademarks may not be used to disparage Hillstar Bio or the applicable third party or our respective products or services, or in any manner (using commercially reasonable judgment) that may damage any goodwill in the Trademarks or Third-Party Trademarks. Use of any Trademarks as part of a link to or from any website is prohibited without our prior written consent.
ACCESS TO WEBSITE
We hereby grant to you a limited, non-exclusive, non-transferable right to access the Website solely for your personal non-commercial use and only as permitted under these Terms and Conditions, including the Privacy Policy. You may use the Website only for lawful purposes and in accordance with these Terms and Conditions. When you use or browse the Website, you agree that you will not:
- take any action that imposes an unreasonable load on the Website's infrastructure;
- use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any activity being conducted on the Website;
- attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or making up the Website;
- use any manual process to monitor or copy any of the Content on the Website or for any other unauthorized purpose without our prior written consent;
- delete or alter any material posted on the Website by Hillstar Bio or any authorized person;
- frame or link to any Content or materials or information available on the Website;
- distribute any virus, Trojan horse, disabling device, time bomb or other code that may impact the operation of the Website, or use the Website to distribute any of the foregoing;
- use the Website or Content in any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries), or encourage or assist any third party in doing any of the foregoing.
Third-Party Links. The Website may contain links and/or references to third-party websites and/or services ("Third-Party Sites"). These links are provided for your convenience and reference only. Please note that when you click on any link to Third-Party Sites, you are entering a third-party website for which we have no responsibility or control. The inclusion of any link to a Third-Party Site does not imply our affiliation, endorsement, or adoption of the linked site or any medical or other information included on the linked site. We do not monitor Third-Party Sites and are not responsible for the quality, accuracy, security, functionality, or practices of Third-Party Sites or the content contained therein. You should contact the site administrator for any Third-Party Site if you have any concerns regarding such links or any content located on such linked websites. You agree that Hillstar Bio has no liability for any damage or loss of any type that is a result of your accessing any Third-Party Sites or your use of or reliance upon any content included in any Third-Party Sites. If you decide to access any Third-Party Sites, you do so at your own risk.
Links to Us. Links to any document published by us on this Website must be made to the home page only, without deleting any frames or our URL address.
Our Social Media. We may use social media accounts from time to time. If you use any social media to communicate with us, please be aware that the terms and privacy policies of the applicable social media platform will govern those communications with us, in addition to these Terms and Conditions and Privacy Policy. We will use reasonable efforts to respond to your comments post via our social media channels, provided that we may not respond to questions or comments at all. We may remove or disapprove a comment for any reason or no reason in our sole discretion. If we follow any other organization or person’s account, that is not an endorsement of such organization, person, products, services, positions or opinions. We do not offer medical advice, diagnosis or treatment via our social media accounts. We reserve all rights in relation to use of our social media platforms. You hereby grant us a royalty-free, perpetual, irrevocable, worldwide, sublicensable through multiple levels, transferrable, non-exclusive right and license to use, reproduce, make, modify, adapt, publish, translate, broadcast, create derivative works from, distribute, offer to sell, sell, import, perform, and display all suggestions, comments, feedback, and other improvements you provide to us via social media or the Website (collectively “Feedback”). You hereby waive in perpetuity all so-called “moral rights,” rights of integrity, rights of paternity, rights of disclosure, rights of withdrawal, rights of attribution, rights to prevent attribution in the event of a distortion, mutilation, or modification, and all such analogous rights in or related to any Feedback. You represent and warrant that you have all the rights and permissions necessary to grant the above license, including without limitation any necessary licenses, waivers, or assignments of copyrights, patents, trademarks, trade secrets, or other intellectual property rights, publicity rights, and privacy rights. Hillstar Bio will not be required under these Terms and Conditions to treat any Feedback as confidential and may use any Feedback to the full extent of its license without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in Hillstar Bio’s future Content, products, services or other business operations.
NO WARRANTIES; LIMITATION OF LIABILITY
YOU ACKNOWLEDGE AND AGREE THAT WE HAVE NOT REPRESENTED THE WEBSITE OR CONENT AS HAVING THE ABILITY TO DIAGNOSE DISEASE, PRESCRIBE TREATMENT, OR PERFORM ANY OTHER TASKS THAT CONSTITUTE THE PRACTICE OF MEDICINE OR OF OTHER PROFESSIONAL OR ACADEMIC DISCIPLINES. THE WEBSITE, CONTENT AND ANY OTHER INFORMATION AVAILABLE ON OR THROUGH THE WEBSITE ARE PROVIDED TO YOU “AS IS” WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, TO THE FULLEST EXTENT ALLOWED BY LAW, INCLUDING, BUT NOT LIMITED, TO ITS ACCURACY, RELIABILITY, COMPLETENESS, TIMELINESS OR RELIABILITY, OR THAT WE WILL UPDATE OR CORRECT ANY CONTENT OR KEEP ANY CONTENT CURRENT, OR THAT THE SERVER THAT MAKES THE WEBSITE, CONTENT OR OTHER INFORMATION AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE THEY WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. WE DISCLAIM, TO THE EXTENT PERMITTED BY LAW, ALL WARRANTIES, EXPRESS AND IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE, AND FITNESS FOR PARTICULAR PURPOSE.
EXCEPT FOR ACTS OF GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, HILLSTAR BIO WILL HAVE NO LIABILITY FOR ANY: (a) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR ACCESS TO OR USE OF THE WEBSITE OR CONTENT; (b) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR OF ANY PERSONAL OR FINANCIAL INFORMATION; (c) ANY INTERRUPTION OF TRANSMISSION TO OR FROM THE WEBSITE, CONTENT OR LINKS THERETO; (d) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED ON OR THROUGH THE WEBSITE OR CONTENT BY ANY THIRD PARTY; OR (e) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE WEBSITE OR ANY CONTENT ACCESSED, UPLOADED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE ON OR THROUGH THE WEBSITE, CONTENTS OR LINKS.
EXCEPT FOR ACTS OF GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL RESPONSIBILITY FOR ANY DAMAGES ARISING OUT OF THESE TERMS AND CONDITIONS AND THE SUBJECT MATTER CONTAINED HEREIN, OR YOUR USE OF, OR INABILITY TO USE, THE WEBSITE OR CONTENT AVAILABLE ON OR THROUGH THE WEBSITE, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF FORESEEABLE, AND IN NO EVENT WILL HILLSTAR’S MAXIMUM LIABILITY FOR DAMAGES BE GREATER THAN (1) $10.00.
IN THE EVENT OF ANY PROBLEM WITH ANY DEVICE USED IN CONNECTION WITH THE WEBSITE OR CONTENT, YOU AGREE THAT YOUR REMEDY, IF ANY, IS FROM THE MANUFACTURER OR SUPPLIER OF DEVICE IN ACCORDANCE WITH THE MANUFACTURER’S OR SUPPLIER’S WARRANTY.
Certain States. Some states do not allow exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the above limitations or exclusions may not apply to you. IN SUCH STATES, HILLSTAR BIO’S LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
Indemnification
You agree to defend, indemnify, and hold Hillstar Bio and its affiliates and their respective officers, directors, employees and agents (“Hillstar Bio Indemnitees”) harmless from and against all settlements, judgments, liabilities, losses, damages, penalties, and costs and expenses (including, without limitation, reasonable fees and disbursements of counsel and costs and expenses associated with subpoenas, document production, and testimony) (collectively, "Losses") incurred by any Hillstar Bio Indemnitee arising out of or in connection with any claims, suits, actions, proceedings, investigations, and/or demands arising out of or in connection with your access to, use of or misuse of any Content or the Website or your breach of this Agreement. Hillstar Bio reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section.
Termination
We reserve the right, in our sole discretion, to restrict, suspend, or terminate this Agreement and your access to all or any part of the Website or the Content at any time and for any reason without prior notice or liability. We reserve the right to change, suspend, or discontinue all or any part of the Website or the Content at any time without prior notice or liability. If you violate any of these Terms and Conditions, our permission to you to use the Website and Content automatically terminates, and you must immediately destroy any copies you have made of any portion of the Website or its Content.
You Must Comply with Applicable Laws.
We make no claims concerning whether the Content may be downloaded, viewed, or be appropriate for use outside of the United States. If you access the Website or the Content from outside of the United States, you do so at your own risk. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction. You understand that if you access the Website or Content from another country and provide your personal information to us through this Website, your personal information may be transmitted to us, and you consent to such transfer.
The United States controls the export of products and information. You expressly agree to comply with such restrictions and not to export or re-export any of the Content to countries or persons prohibited under the export control laws. By downloading any Content, you are expressly agreeing that you are not in a country where such export is prohibited or are a person or entity for which such export is prohibited. You are solely responsible for compliance with the laws of your specific jurisdiction regarding the import, export, or re-export of any Content.
DISPUTE RESOLUTION
These Terms and Conditions and the resolution of any dispute related to these Terms and Conditions or to the Website shall be governed by and construed in accordance with the laws of the State of Massachusetts without respect to its conflict of laws and principles.
ANY LEGAL ACTION OR PROCEEDING AGAINST HILLSTAR BIO RELATED TO THE WEBSITE OR CONTENT SHALL BE RESOLVED BY BINDING ARBITRATION IN ACCORDANCE WITH THE COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION, AND YOU HEREBY AGREE TO CONSENT TO SUCH ARBITRATION. ANY SUCH DISPUTE SHALL BE ARBITRATED ON AN INDIVIDUAL BASIS AND SHALL NOT BE CONSOLIDATED IN ANY ARBITRATION WITH ANY CLAIM OR CONTROVERSY OF ANY OTHER PARTY. THE ARBITRATION SHALL BE CONDUCTED IN BOSTON, MASSACHUSETTS, AND JUDGMENT ON THE ARBITRATION AWARD MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF.
If any provision(s) of these Terms and Conditions is found to be contrary to law, then such provision(s) will be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. Hillstar Bio’s failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Hillstar Bio in writing. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website or these Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Hillstar Bio may seek injunctive or other relief in any state, federal, or national court of competent jurisdiction for: (i) any actual or alleged infringement or misappropriation of Hillstar Bio’s or any third party’s intellectual property or proprietary rights without breach of the arbitration requirements set forth in these Terms and Conditions. You hereby consent to the jurisdiction and venue of the State and Federal courts of the State of Massachusetts with respect to any such injunctive or other relief. You further acknowledge that Hillstar Bio’s rights in its intellectual property are of a special, unique, extraordinary character, giving those rights peculiar value, the unauthorized use, disclosure, or loss of which cannot be readily estimated and may not be adequately compensated for in monetary damages. YOU HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVE ANY RIGHT YOU MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY DISPUTE ARISING OUT OF, UNDER OR IN CONNECTION WITH THE WEBISTE OR THESE TERMS AND CONDITIONS.
General
These Terms and Conditions constitute the entire agreement between you and Hillstar Bio with respect to the Website. You also may be subject to additional terms and conditions that may apply when you use access links to Third-Party Sites or third-party content or software. You may not assign these Terms and Conditions to any other party, and any attempt to do so is void.