PLEASE READ THIS AGREEMENT. BY USING THIS SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO BE BOUND BY ITS TERMS. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU MUST DISCONTINUE USE OF THE SITE IMMEDIATELY.
The following terms of use ("Terms of Use" or "Agreement") apply to any visitor or user (hereinafter referred to as "User" or "You") of the website http://www.arbios.com/ and any websites that are hyperlinked to and from the website http://www.arbios.com/ (hereinafter singularly and collectively referred to as "the Site") that Arbios Systems, Inc. or its subsidiaries (hereinafter singularly and collectively referred to as "Arbios" or "we") own and control, and to the products, services, resources, information, data, specifications, photographs, text, audio, video and other content displayed on the Site ("Material"). Note that the use of certain Material or the conduct of certain transactions on the Site may be subject to additional terms and conditions that will be made available to User prior to using such Material or completing such transactions. Arbios may at any time or from time to time change this Agreement. By using the Site, User agrees to be bound by any such changes.
General Conduct and Limited License
User may access and display, and may print one copy of portions of the Material solely for User's personal, internal, non-commercial use ("Use"), except as otherwise provided on the Site. No other use of the Material is authorized. User agrees that the copy of the Material shall retain all copyright, trademark and other notices in the same form and in the same manner as such notices appear on the Material or on the Site. User may not otherwise reproduce, modify, distribute, transmit, post, or publish the Material without Arbios' prior written consent.
While visiting the Site, User shall not submit, post, publish, distribute or transmit: (a) material that is illegal, indecent, obscene, libelous, defamatory, false or misleading; (b) material other than that which may be requested by an interactive application or tool on the Site; (c) unsolicited advertising, promotional material, or other forms of solicitation; (d) material that would infringe the intellectual property, privacy or other rights of third parties, (e) a computer virus, worm, Trojan horse, spyware, adware, or other element destructive to the Site or any Arbios hardware or software accessible through the Site or its third party hosting facility, or (f) a digital or manual signature, password, or other element impersonating a Arbios employee, or any forged TCP/IP headers or parts of a header.
User may not, without the prior written consent of Arbios, use any computer code, data mining software, "robot," "bot," "spider," "scraper" or other automatic device, or program, algorithm or methodology having similar processes or functionality, or any manual process, to monitor or copy any of the web pages, data or content found on this site or accessed through the Site. User also may not engage in the mass downloading of files from the Site; use the computer processing power of the Site for purposes other than those permitted above; or flood the Site with electronic traffic designed to slow or stop its operation or to hinder access to the Site by others users, third parties or us.
The Site may include Material owned by third parties, as well as links to websites owned by third parties (singularly and collectively "Third Party Material"). Access to and use of any Third Party Material is at the User's own risk. Arbios makes no claim or representation regarding, and accepts no responsibility for any content, accuracy or reliability of information, data, opinions, advice, statements, products, or materials on such sites, nor does it assume any responsibility for your reliance on or use of content, products or other materials obtained from such sites. Such reliance is at your own risk.
Arbios' inclusion of Third Party Material on the Site shall not be construed as Arbios' endorsement of any third party or the Third Party Material, and no rights or licenses are granted to User in the Third Party Material. User agrees to defend and hold Arbios harmless from any liability that may result from User's use of the Third Party Material.
Disclaimer of Warranties
THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE MAKE NO GUARANTEE OR WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND REGARDING THE SITE OR THE MATERIAL. ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT ARE EXPRESSLY DISCLAIMED TO THE GREATEST EXTENT PERMITTED BY LAW. WE ASSUME NO RESPONSIBILITY FOR THE UNAVAILABILITY OF THIS SITE, FOR VIRUSES, OR FOR INFORMATION PROVIDED BY OR ACTIONS OR OMISSIONS OF THIRD PARTIES. WE DO NOT WARRANT ANY CONTENT AVAILABLE AT OR THROUGH THE SITE, AND NO SUCH CONTENT SHALL BEAR OR CREATE ANY WARRANTY BY US. Some jurisdictions may not permit the exclusion of limited warranties. This disclaimer will not apply to the extent that a warranty is incapable of exclusion, restriction or modification under applicable law.
Limitation of Liability
We assume no responsibility if this Site is unavailable or contains errors. The Content is not intended for investing purposes, and do not constitute investment advice. You assume the entire risk of use of, and all risks as to the quality and performance of, the Site and Material.
WE WILL NOT BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, INCIDENTAL OR SIMILAR DAMAGES, WHETHER OR NOT THEY ARE FORESEEABLE AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER ARISING OUT OF BREACH OF EXPRESS OR IMPLIED WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, MISREPRESENTATION, STRICT LIABILITY OR OTHERWISE. Certain jurisdictions may limit our ability to disclaim responsibility for these damages and limit our liability. This disclaimer and limitation of liability will not apply to the extent that a liability is incapable of exclusion, restriction or modification under applicable law.
Changes & Termination
Arbios may for any reason change, suspend, or discontinue any aspect of the Site, this Agreement, the Material, or Third Party Material at any time without notice or liability to you ("Changes"). Changes become effective upon posting on the Site. Your use of the Site after the time Changes are posted indicates your assent to the Changes. Upon termination, you must immediately destroy any downloaded and/or printed Arbios Material, and any installations thereof, which you have obtained from the Site.
Governing Law
This Agreement, your rights and obligations, and all actions contemplated by this Agreement will be governed by the laws of the United States of America and the State of California (except with respect to its conflict of law provisions). This Agreement is deemed accepted, executed, wholly entered into and wholly performed in Los Angeles County, California, independent of your actual state or country of residence. Any dispute arising out of or under or relating to this Agreement whether at law or in equity will be resolved exclusively in the federal or state courts located in Los Angeles County, California, and you and we hereby irrevocably and unconditionally consent to the exclusive jurisdiction and venue of such courts, and waive any objections based on the doctrine of forum non conveniens.
Compliance with Export Control Laws
Some software, documentation, or technical information available on or through the Site may be subject to U.S. or foreign export controls. By accessing, downloading, or using such software, documentation, or technical information you represent and warrant that you are in compliance with any such applicable laws and regulations. Arbios makes no representation that materials on the Site are appropriate or available for use in locations outside the United States. You agree not to access the Site them from territories to which export is prohibited or where such access is illegal.
Miscellaneous
This Agreement constitutes the entire agreement between Arbios and you with respect to your use of the Site. If for any reason a court of competent jurisdiction finds any provision of the Agreement, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the Agreement, and the remainder of this Agreement shall continue in full force and effect. All provisions of this Agreement that impose obligations continuing in their nature shall survive the termination or expiration of this Agreement, including but not limited to, provisions for indemnity and any licenses granted by you to Arbios. The failure of Arbios to exercise or enforce any provision of this Agreement shall not constitute a waiver of such right or provision.
Forward-Looking Statements Disclaimer
Arbios Systems, Inc. ("Arbios") strives to maintain up to date information on its web site. However, it disclaims any duty to update information posted on this site which later becomes incorrect or outdated. This site contains press releases and other information about Arbios that may include "forward-looking" statements. All information that is forward-looking is intended to fall under the safe harbor for forward-looking statements provided by the Private Securities Litigation Reform Act of 1995. Risk factors that may cause results to materially differ are listed in the Form 10-K/SB and/or the most recent Form 10-Q/SB filing of the Company with the Securities and Exchange Commission. This filing can be accessed by clicking on the View SEC Filings Icon and then clicking on the most recent Form 10-K/SB link or the most recent Form 10-Q/SB link on the Investor Info page of this site. Arbios also maintains hyperlinks to other web sites on this site purely for the convenience of its users. Arbios does not endorse these sites and disclaims liability for any damages resulting from their use.
Intellectual Property
The Site and its contents comprise Arbios Systems, Inc. and third party intellectual property, and are protected by United States and international laws. Except as otherwise provided herein, nothing contained herein shall be construed as granting any license or right to User under any patent, trademark, copyright or other intellectual property right of Arbios Systems, Inc. or any third party.
