Terms of Use
PLEASE READ THESE TERMS OF USE ("AGREEMENT" OR "TERMS OF USE") CAREFULLY BEFORE USING THE SERVICES OFFERED BY N-OF-ONE THERAPEUTICS, INC. ("N-OF-ONE"). THIS AGREEMENT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE WEBSITE OWNED AND OPERATED BY N-OF-ONE, INCLUDING, WITHOUT LIMITATION, THE WWW.N-OF-ONE.COM WEBSITE AND DOMAIN NAME ("N-OF-ONE" OR THE "SITE"), AND ANY OTHER FEATURES, CONTENT, OR APPLICATIONS OFFERED FROM TIME TO TIME BY THE COMPANY IN CONNECTION THEREWITH (COLLECTIVELY "SERVICE"). BY CLICKING ON THE "I ACCEPT" BUTTON BELOW OR USING THE SITE OR SERVICE IN ANY MANNER, INCLUDING BUT NOT LIMITED TO VISITING OR BROWSING THE SITE, YOU AGREE TO BE BOUND BY THIS AGREEMENT. THIS AGREEMENT APPLIES TO ALL USERS OF THE SITE OR SERVICE, INCLUDING USERS WHO ARE ALSO CONTRIBUTORS OF CONTENT, INFORMATION, AND OTHER MATERIALS OR SERVICES ON THE SITE.
Acceptance of Terms.
The Service is offered subject to acceptance without modification of all of the terms and conditions contained herein (the "Terms of Use") and all other operating rules, policies and procedures that may be published from time to time on the Site by N-of-One. In addition, some services offered through the Service may be subject to additional terms and conditions promulgated by N-of-One from time to time; your use of such services is subject to those additional terms and conditions, which are incorporated into these Terms of Use by this reference.
We reserve the right, in our sole discretion, to revoke or suspend your membership to the N-of-One Site, at any time without notification or liability to you or any other person, and for any reason or for no reason at all. While we retain the right to revoke or suspend your membership, N-of-One shall have no responsibility to exercise it or to moderate disputes between members.
Age Requirements.
The Service is available only for use by individuals who are at least 18 years old. You represent and warrant that if you are an individual, you are of legal age to form a binding contract and are at least 18 years old, and that all registration information you submit is accurate and truthful. N-of-One may, in its sole discretion, refuse to offer the Service to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Service is revoked in such jurisdictions.
It is N-of-One's policy that the N-of-One Site is not to be used by children under the age of 13. We do not collect personally identifiable information from any person we actually know is a child under the age of 13. However, if you are a parent or legal guardian of a child, you may create a custodial account on behalf of your child. By creating a custodial account, you are providing N-of-One your express legal consent for N-of-One's collection and use of your child's personally identifiable information as otherwise provided under these Terms of Use, the Privacy Policy and any other N-of-One policy or agreement that may be applicable.
Modification of Terms of Use.
N-of-One reserves the right, at its sole discretion, to modify or replace any of the Terms of Use, or change, suspend, or discontinue the Service (including without limitation, the availability of any feature, database, or content) at any time by posting a notice on the Site or by sending you an email. N-of-One may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability. It is your responsibility to check the Terms of Use periodically for changes. Your continued use of the Service following the posting of any changes to the Terms of Use constitutes acceptance of those changes.
Privacy.
N-of-One's privacy statement is located at http://www.n-of-one.com/privacy (the "Privacy Policy") and is incorporated into these Terms of Use. For inquiries in regard to the Privacy Policy, or to report a privacy related problem, please contact info@n-of-one.com.
Through the Service, you can upload, submit, disclose, distribute or otherwise post content and information to the Service in areas of the site intended for the exchange of information and communication between users of the Site ("N-of-One Community"), including without limitation data, text, personal or medical information, articles, comments and other types of information ("User Submissions"). Through the privacy settings in your account, you are responsible for restricting who can view the User Submissions that you contribute to the N-of-One Community. Please remember that if you choose to provide personal or medical information on N-of-One Community message boards, or in N-of-One Community or other on-line discussions, access to that information is governed by the privacy rules of that specific N-of-One group or part of the website, and others reading it may use or disclose it to other individuals or entities without your knowledge. Therefore, we urge you to think carefully about including any medical or other personal information about you or your family in postings, especially sensitive information or anything that might identify you or your family members or allow others to do so.
Rules and Conduct.
As a condition of use, you promise not to use the Service for any purpose that is prohibited by the Terms of Use, and your use of N-of-One must comply with all applicable laws, regulations, and ordinances, including any laws regarding the export of data or software. The Service and all Content (as defined below) contained therein (including, without limitation, any Content or User Submissions (both as defined below)) are provided only for your own personal, non-commercial use. This means you cannot take Content that you did not create from the N-of-One Community and repost or redistribute that Content anywhere else. You may not use the N-of-One Community to sell a product or service, or to increase traffic to your own website for commercial reasons, including, but not limited to, directing users to advertisements on your site.
Because we respect the privacy and well being of all our users, we cannot tolerate users who misrepresent themselves or circulate false information. We ask you to be a thoughtful member of the N-of-One Community and report suspected misrepresentation. We reserve the right to terminate the accounts and delete their member profiles and User Submissions of any individual who we learn or reasonably suspect is involved in such misrepresentations. However, we may retain any information they have submitted, including their member profile, for our records.
You are responsible for all of your activity in connection with the Service. For purposes of the Terms of Use, the term "Content" includes, without limitation, any videos, audio clips, written forum comments, information, data, text, photographs, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible by N-of-One or its partners on or through the Service, and any User Submissions posted by you or by other members.
It is your responsibility to behave in a considerate and responsible manner toward other users. In addition, you may not use the Service for any illegal or unauthorized purpose.
By way of example, and not as a limitation, you shall not (and shall not permit any third party to) either (a) take any action or (b) upload, download, post, submit or otherwise distribute or facilitate distribution of any content on or through the Service, that:
- infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity;
- is unlawful, threatening, harmful, vulgar, hateful, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, obscene, offensive, profane or racially, ethnically or otherwise objectionable;
- harms minors or any member of the N-of-One Community in any way;
- constitutes unauthorized or unsolicited advertising, junk or bulk e-mail ("spamming");
- forges headers or otherwise manipulates identifiers in order to disguise the origin of any Content transmitted through the Service;
- involves uploading, posting, emailing, transmitting or otherwise making available any Content that you do not have a right to make available under any law or under any contractual or fiduciary relationship (such as inside information, proprietary and confidential information, or anything learned or disclosed as part of an employment relationship or under a nondisclosure agreement);
- involves uploading, posting, emailing, transmitting or otherwise making available any Content that advocates the violation of any local, state, federal, or international law;
- attempts to reformat, redesign, alter, or prevent the display of information or advertising, or attempts to otherwise change the appearance of the Site, including, but not limited to, the general appearance of journal and discussion board content or tools, banner advertisements;
- involves creating user accounts or adding "friends" by automated means or under false or fraudulent pretenses;
- involves submitting materials owned by or concerning a third party without that party's consent, or redirecting to those materials without consent, or infringing upon any and all rights held by such third party over any such materials;
- involves commercial activities and/or sales such as contests, sweepstakes, barter, advertising, or pyramid schemes;
- contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of N-of-One or any third party; or
- either (1) impersonates any person or entity, including an employee or representative of N-of-One, an official, forum leader, medical professional, guide, or host, or falsely states or (2) otherwise misrepresents your affiliation with any person.
You shall not (directly or indirectly): (x) decipher, decompile, disassemble, reverse engineer or otherwise attempts to derive any source code or underlying ideas or algorithms of any part of the Service, except to the limited extent applicable laws specifically prohibit such restriction, (y) modify, translate, or otherwise create derivative works of any part of the Service, or (z) copy, rent, lease, distribute, or otherwise transfer any or the rights that you receive hereunder. You shall abide by all applicable local, state, national and international laws and regulations.
We reserve the right in our sole discretion to refuse to post or to delete any Content, including without limitation any User Submissions, from the N-of-One Community without notification or recourse, and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if N-of-One is concerned that you may have violated these Terms of Use), or for no reason at all. Furthermore, we retain the right to maintain back-up copies of any materials that we delete from the N-of-One Community.
You are also responsible for the truthfulness and accuracy of your N-of-One profile. You may not intentionally misrepresent yourself in your profile. Misrepresentation and other acts that N-of-One determines, in its sole discretion, are intended to deceive or prey upon other members are grounds for expulsion from the N-of-One Community and may lead, at N-of-One's sole discretion, to the involvement of the appropriate law enforcement agency or department.
Registration.
As a condition to using certain aspects of the Service, you will be required to register with N-of-One and select a password and screen name ("N-of-One User ID").] You shall provide N-of-One with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of the Terms of Use, which may result in immediate termination of your N-of-One account. You shall not (a) select or use as a N-of-One User ID a name of another person with the intent to impersonate that person; (b) use as a N-of-One User ID a name subject to any rights of a person other than you without appropriate authorization; or (c) use as a N-of-One User ID a name that is otherwise offensive, vulgar or obscene. N-of-One reserves the right to refuse registration of, or cancel a N-of-One User ID in its sole discretion. You are solely responsible for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your N-of-One password. You shall never use another user's account without such other user's express permission. You will immediately notify N-of-One in writing of any unauthorized use of your account, or other account related security breach of which you are aware.
Fees and Payment.
N-of-One reserves the right to require payment of fees for certain features of the Service. Should you elect to subscribe to such features, you shall pay all applicable fees, as described on the Site in connection with such features. N-of-One reserves the right to change its price list and to institute new charges at any time, upon ten (10) days prior notice to you, which may be sent by email or posted on the Site. Use of the Service by you following such notification constitutes your acceptance of any new or increased charges.
Third Party Sites.
The Service may permit you to link to other websites or resources on the Internet, and other websites or resources may contain links to the Site. When you access third party websites, you do so at your own risk. N-of-One is not responsible for and does not endorse any such third-party content or services. These other websites are not under N-of-One's control, and you acknowledge that N-of-One is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply endorsement by N-of-One or any association with its operators, or any third-party service providers, health care providers, products, services, opinions, or websites accessed through the Service. You further acknowledge and agree that N-of-One shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such Content, goods or services available on or through any such website or resource.
N-of-One Site Content.
You agree that the Service contains Content specifically provided by N-of-One or any of its partners and that such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. Moreover, N-of-One will exclusively own all rights, titles and interest in and to any and all information, data, intellectual property and results that are produced during the course of providing all N-of-One services (including without limitation all general skills, knowledge, outcomes, data, experience, strategies, processes, methods, models, algorithms and software used to generate information for members and all intellectual property rights therein). You agree that you have no license or right to use N-of-One's and/or its licensors' trademarks, copyrights, patents, trade secrets, Content and other intellectual property rights (collectively, "Intellectual Property"), except while logged in as an authorized member of the Site, and then only in connection with your use of the Site to the extent authorized by these Terms of Use. The Intellectual Property may not be used in connection with any product, service, publication or website of you or any third party without our express written permission, or in any manner that disparages or discredits N-of-One.
You shall abide by all copyright notices, information, and restrictions contained in any Content accessed through the Service. You shall not sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, create derivative works from, or otherwise exploit any Content or third party submissions or other proprietary rights not owned by you, (a) without the consent of the respective owners or other valid right, and (b) in any way that violates any third party right.
You may, to the extent the Site expressly authorize you to do so, download or copy the Content, and other items displayed on the Site for download, for personal use only, provided that you maintain all copyright and other notices contained in such Content. You shall not store any significant portion of any Content in any form. Copying or storing of any Content for other than personal, noncommercial use is expressly prohibited without prior written permission from N-of-One, or from the copyright holder identified in such Content's copyright notice.
If you violate any of these provisions regarding the Intellectual Property, your permission to use the Intellectual Property automatically terminates and you must immediately destroy any copies you have made of any portion of the Intellectual Property. You agree that because of the unique nature of the N-of-One Community and its Content, and the proprietary rights of N-of-One, your breach of these provisions would irreparably harm N-of-One or its licensors and that monetary damages would be inadequate compensation. You further agree that in the event of any actual or threatened breach of this section, N-of-One shall be entitled to preliminary and permanent injunctive relief, in addition to damages, and you hereby waive any objection in such case to an adequate remedy at law.
User Submissions.
By posting, submitting, displaying, publishing or otherwise making available any User Submissions on or at any of the Site or otherwise through the Service, you:
- hereby do and shall grant N-of-One a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid, sublicensable and transferable license to use, modify, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit ("Use") the User Submissions in connection with the Site, the Service and N-of-One's (and its successors and assigns) business, including without limitation for promoting and redistributing part or all of the Site (and derivative works thereof) or the Service in any media formats and through any media channels (including, without limitation, third party websites) provided that such use shall be in compliance with the Privacy Policy. You also hereby do and shall grant each user of the Site and/or the Service a non-exclusive license to access your User Submissions through the Site and the Service, and to use, modify, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Site and the Service and under these Terms of Use. For clarity, the foregoing license grant to N-of-One does not affect your other ownership or license rights in your User Submission(s), including the right to grant additional licenses to the material in your User Submission(s), unless otherwise agreed in writing;
- represent and warrant (a) that you own or otherwise control all rights to Use such User Submissions and that disclosure and Use of such User Submissions by N-of-One (including without limitation, publishing any Content on the N-of-One Community) will not infringe or violate the rights of any third party, including without limitation any privacy, publicity, contract or other rights of any person or entity and (b) that you are authorized to grant all of the aforementioned rights to the User Submissions to N-of-One and all users of the Service;
- agree to pay all royalties and other amounts owed to any person or entity due to your Use of any User Submissions on the Service; and
- understand that N-of-One shall have the right to reformat, excerpt, or translate any materials, content or information submitted by you; and that all information publicly posted or privately transmitted through the Site is the sole responsibility of the person from which such content originated and that N-of-One will not be liable for any errors or omissions in any content; and that N-of-One cannot guarantee the identity of any other users with whom you may interact in the course of using the Service.
N-of-One has no obligation to monitor the Site, Service, Content, or User Submissions. N-of-One may remove any User Submission at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such User Submission), or for no reason at all.
Under no circumstances will N-of-One be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred in connection with use of or exposure to any Content posted, emailed, accessed, transmitted or otherwise made available via the Service.
Health Insurance Portability and Accountability Act.
If you create, transmit, or display health, personal or other information while using N-of-One, you may provide only information that you own or full legal rights to Use. As described above, when you provide your information through N-of-One, you give N-of-One a license to Use it in connection with the Service. However, N-of-One may only use health information you provide as permitted by the N-of-One Privacy Policy, applicable law, and, if applicable, the N-of-One Research Privacy Consent Form. N-of-One is not a "covered entity" under the Health Insurance Portability and Accountability Act of 1996 and the regulations promulgated thereunder ("HIPAA"). As a result, HIPAA does not apply to the transmission of health information by N-of-One to any third party.
Termination.
N-of-One may terminate your access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your membership. If you wish to terminate your account, you may do so by following the instructions on the Site. On termination, your profile, including any messages in your inbox, will be removed from the N-of-One Site. Because of the way we maintain N-of-One, such deletion may not be immediate, and residual copies of your profile information or posts will remain on our servers or other backup media. No termination of your account, whether by you or by N-of-One, will revoke N-of-One's right to use any User Submission, including any personal health information, previously provided by you to N-of-One. Any fees paid hereunder are non-refundable. All provisions of the Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
General Disclaimer.
N-of-One makes no representations or warranties concerning the appropriateness, accuracy, reliability, usefulness, completeness, or timeliness of any Content accessed through the Site. By using the Service, you agree that N-of-One does not endorse and shall not be liable for (a) any Content, (b) any person's reliance on any such Content, whether or not correct, current and complete, or (c) the consequences of any action that you or any other person takes or fails to take based on any Content or otherwise as a result of your use of the Service.
The N-of-One Community and its Content are not intended to substitute for professional medical advice, diagnosis or treatment, and N-of-One disclaims any suggestion that it does provide, medical advice of any nature. N-of-One is not directly involved in any treatment decisions or liable for any side effects or adverse outcomes that may occur from decisions made by your or based on information discovered and provided to you by N-of-One. Please consult a licensed medical professional for appropriate medical advice, including before taking any drug or commencing or discontinuing any course of treatment. Do not ignore or delay obtaining professional medical advice because of information accessed through this Site. You acknowledge that the information provided by N-of-One is provided for personal use only and that this information should not be the sole method used to evaluate treatment options, but rather should be used in conjunction with other information and medical resources available to you and your professional. The Content should never be used during a medical emergency. Call 911 or your medical professional for all medical emergencies.
Warranty Disclaimer.
N-of-One has no special relationship with or fiduciary duty to you. You acknowledge that N-of-One has no control over, and no duty to take any action regarding: which users gains access to the Website; what Content you accesses via the Website; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release N-of-One from all liability for you having acquired or not acquired Content through the Site. The Site may contain, or direct you to websites containing, information that some people may find harmful, inaccurate, deceptive, offensive or inappropriate, including material that some may consider overly graphic, sexually explicit or otherwise offensive. N-of-One makes no representations concerning any content contained in or accessed through the Site, and N-of-One will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site.
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" AND IS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. N-OF-ONE, AND ITS DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (A) THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICE IS SOLELY AT YOUR OWN RISK. N-OF-ONE MAKES NO WARRANTY THAT THE CONTENT SATISFIES GOVERNMENT REGULATIONS REQUIRING DISCLOSURE OF INFORMATION ON PRESCRIPTION DRUG PRODUCTS.
SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Indemnification.
You shall defend, indemnify, and hold harmless N-of-One, its affiliates and each of its, and its affiliates employees, contractors, directors, suppliers and representatives from all liabilities, claims, and expenses, including reasonable attorneys' fees, that arise from or relate to your use or misuse of, or access to, the Site, Service, Content or otherwise from your User Submissions, violation of the Terms of Use, or infringement by you, or any third party using the your account, of any intellectual property or other right of any person or entity. N-of-One reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with N-of-One in asserting any available defenses.
Limitation of Liability.
IN NO EVENT SHALL N-OF-ONE, NOR ITS DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICE (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (III) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) ONE-HUNDRED U.S. DOLLARS ($100.00). SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
International/Non-Massachusetts Use.
N-of-One makes no representation that the Content is appropriate or available for use in locations outside the Commonwealth of Massachusetts, USA and accessing the Service is prohibited from territories where such Content is illegal. If you access the Service from other locations, you do so at your own initiative and are responsible for compliance with local laws. Members from outside the United States agree to comply with local rules and regulations regarding online conduct and acceptable content, including laws regulating the export of data from the United States to your country of residence.
Dispute Resolution.
A printed version of the Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You and N-of-One agree that any cause of action arising out of or related to the Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.
The Terms of Use shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, excluding its conflicts of law rules, and the United States of America. Any dispute arising from or relating to the subject matter of this Agreement shall be finally settled by arbitration in Boston, Massachusetts, using the English language in accordance with the Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. ("JAMS") then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with the Arbitration Rules and Procedures of JAMS. The prevailing party in the arbitration shall be entitled to receive reimbursement of its reasonable expenses (including reasonable attorneys' fees, expert witness fees and all other expenses) incurred in connection therewith. Judgment upon the award so rendered may be entered in a court having jurisdiction or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator. For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the United States Federal Courts located in Suffolk County, Massachusetts. Use of the Service is not authorized in any jurisdiction that does not give effect to all provisions of the Terms of Use, including without limitation, this section.
Force Majeure.
While we will make every effort to keep the site accessible, you agree not to hold us liable for any downtime or inaccuracy that may occur. We have many systems in place to ensure that N-of-One is always at your disposal, but we cannot guarantee that it will always be accessible, timely or accurate. You agree that under no circumstances will N-of-One be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond our reasonable control, including, but not limited to: Internet failures, computer equipment failures, telecommunications equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, terrorism, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, hacks or denial of service attacks, or loss of or fluctuations in heat, light or air conditioning.
Integration and Severability. The Terms of Use are the entire agreement between you and N-of-One with respect to the Service and use of the Site, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and N-of-One with respect to the Site. If any provision of the Terms of Use is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms of Use will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
Miscellaneous.
The Terms of Use are personal to you, and are not assignable, transferable or sublicensable by you except with N-of-One's prior written consent. N-of-One may assign, transfer or delegate any of its rights and obligations hereunder without consent. No agency, partnership, joint venture, or employment relationship is created as a result of the Terms of Use and neither party has any authority of any kind to bind the other in any respect. In any action or proceeding to enforce rights under the Terms of Use, the prevailing party will be entitled to recover costs and attorneys' fees. All notices under the Terms of Use will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service.
Copyright and Trademark Notices.
Unless otherwise indicated, the Terms of Use and all content provided by N-of-One are: © 2008-2011 N-of-One Therapeutics, Inc. All rights reserved.
Registered Trademarks -- the following is a registered trademark of N-of-One Therapeutics, Inc.:
N-of-One®
Trademarks -- the following are trademarks of N-of-One Therapeutics, Inc.:
MarkerMine™
N-of-One Diagnostic Strategy Roadmap™
N-of-One Treatment Strategy Roadmap™
N-of-One Logistics™
N-of-One TrialMatch™
N-of-One Advantage™
N-of-One Advantage Plus™
N-of-One Advantage Premium™
Unauthorized use of any N-of-One Therapeutics, Inc. trademark, service mark, or logo may be a violation of federal and state trademark law. Other trademarks, products, service marks, or logos within the contents of this Website are the property of their respective owners.
Digital Millennium Copyright Act Notice.
N-of-One has adopted the following general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act (http://lcweb.loc.gov/copyright/legislation/dmca.pdf). The address of N-of-One's Designated Agent to Receive Notification of Claimed Infringement ("Designated Agent") is listed at the end of this policy.
It is N-of-One's policy to (1) block access to or remove Content that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, members or users; and (2) remove and discontinue service to repeat offenders.
A. Procedure for Reporting Copyright Infringements:
If you believe that Content residing on or accessible through the N-of-One website or service infringes a copyright, please send a notice of copyright infringement containing the following information to the Designated Agent listed below:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
2. Identification of works or materials being infringed;
3. Identification of the Content that is claimed to be infringing including information regarding the location of the Content that the copyright owner seeks to have removed, with sufficient detail so that N-of-One is capable of finding and verifying its existence;
4. Contact information about the notifier including address, telephone number and, if available, e-mail address;
5. A statement that the notifier has a good faith belief that the Content is not authorized by the copyright owner, its agent, or the law; and
6. A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.
Please contact N-of-One's Designated Agent to Receive Notification of Claimed Infringement at the following address:
Designated Agent to Receive Notification of Claimed Infringement:
Brett Little
N-of-One Therapeutics, Inc.
400 5th Ave., Suite 200
Waltham, MA 02451
www.n-of-one.com
(617) 202-9808 (o)
Contact.
Thank you for your cooperation. We hope you find the N-of-One Site informative, useful and easy to use. If you have any comments or questions regarding the N-of-One Community, or you want to report a malfunction or problem, please use our Contact Us Form or send us snail mail to our postal address of N-of-One Therapeutics, Inc., 400 5th Ave., Suite 200, Waltham, MA 02451, Attn: Client Services. We will try our best to respond to you quickly, but cannot always do so due to the volume of requests.
Effective Date: September 1, 2008
