The information offered by Akoya (“Akoya”) on the web site located at www.akoyacapital.com (this “Site”) is subject to the following terms and conditions (these “Terms and Conditions”):
By accessing, browsing and/or using this Site, you acknowledge and agree to these Terms and Conditions. If you do not agree to every provision of these Terms and Conditions, please do not access, browse or use this Site. We reserve the right to revise these Terms and Conditions at any time and for any reason, without notice or obligation, by updating this posting. By accessing, browsing and/or using this Site following the posting of changes to these Terms and Conditions, you accept these changes. You agree to use this Site in a manner consistent with any and all applicable rules, laws and regulations. Any use of this Site in a manner inconsistent with these Terms and Conditions is deemed unauthorized access and may subject the user to civil or criminal penalties. We strongly recommend that you periodically visit this page of the Site to review these Terms and Conditions. These Terms and Conditions are effective as of April 1, 2016.
1. Restricted Use of Site Materials
As between Akoya and you, Akoya is the copyright owner of all the material on this Site, such as, text, graphics, charts, information, images, reports, presentations and other material (collectively referred to as the “Content”). Akoya grants you a limited right to access and use this Site. For your personal non-commercial use only, you may print copies of the Content and store it on your own computer. You may not otherwise download or modify this Site or any Content, except with the prior express written consent of Akoya. You ARE NOT granted any license for (i) any resale or commercial use of this Site or the Content; (ii) any derivative use of this Site or the Content; or (iii) any use of data mining, robots, or similar data gathering and extraction tools. Any unauthorized use by you shall automatically terminate all rights granted to you hereunder.
Although Akoya provides the Content for your personal, non-commercial use, Akoya retains its property rights, such as those rights under U.S. and international copyright law, to all Content, including but not limited to non-textual information components, such as graphic images and trade dress, that are part of or incident to the Content. This means that without the prior express written permission of Akoya, you MAY NOT (i) distribute Content to others; (ii) include Content on any other web site, on a server computer, or in documents, including but not limited to “mirroring” the information and/or displaying the information by means of HTML frames or similar means; or (iii) modify or re-use the Content. Akoya reserves all rights not expressly granted herein.
You acknowledge and agree that any name, logo, trademark, or service mark contained on this Site is owned or used with permission by Akoya and may not be used by you without the express prior written approval of Akoya or the relevant owner of the name, logo, trademark or service mark. Akoya will aggressively enforce its intellectual property rights to the full extent of the law. Your use of any of these materials is prohibited unless specifically permitted by Akoya in writing prior to any such use. Any unauthorized use of these materials may subject you to penalties or damages, including but not limited to those related to violation of trademarks, copyrights, privacy and publicity rights.
You may not link to this Site from any pornographic, obscene, profane, defamatory, libelous, threatening, unlawful or other web site or material which could constitute or encourage unlawful conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law or regulation. Notwithstanding the fact that Akoya or other parties involved in creating, producing, or delivering this Site, may monitor or review any links to this Site, Akoya and such parties, assume no responsibility or liability which may arise from the content thereof, including but not limited to claims for defamation, libel, slander, obscenity, pornography, profanity, or misrepresentation. LINKING TO THIS SITE INDICATES THAT YOU ACCEPT AKOYA’S WEB SITE TERMS AND CONDITIONS.
Although this Site may link to other web sites (“External Sites”), Akoya is not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any External Site, unless specifically stated herein. Links to such External Sites are provided for informational purposes only. By entering this Site you acknowledge and agree that Akoya has not reviewed the External Sites, does not endorse, make any representation about, and is not responsible for the content contained on any External Site. Your access and use of any External Site is at your own risk.
While Akoya makes reasonable efforts to ensure that the Content is correct, Akoya makes no warranties or representations as to the accuracy of the Content.
THIS SITE AND ALL CONTENT IS PROVIDED TO YOU “AS IS” AND “AS AVAILABLE,” AND AKOYA HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT TO THE FULL EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, AKOYA ALSO DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, ACCURACY, TIMELINESS, COMPLETENESS AND PERFORMANCE OF THIS SITE.
4. Limitations of Liability
You acknowledge and agree that your use of this Site and any Content is at your own risk. IN NO EVENT SHALL AKOYA, ITS AFFILIATES, THEIR RESPECTIVE OFFICERS, AGENTS AND EMPLOYEES OR ANY OF THE PARTIES INVOLVED IN CREATING, PRODUCING, OR DELIVERING THIS SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DIRECT DAMAGES, SPECIAL, INCIDENTAL AND CONSEQUENTIAL DAMAGES, PUNITIVE DAMAGES, LOST PROFITS, LEGAL FEES, EXPERT FEES, OTHER DISBURSEMENTS OR DAMAGES RESULTING FROM DAMAGE TO PROPERTY, LOST DATA, BUSINESS INTERRUPTION OR ANY OTHER LOSSES OF ANY KIND OR CHARACTER) RESULTING FROM, DIRECTLY OR INDIRECTLY, YOUR USE OR INABILITY TO USE THE SITE AND/OR THE CONTENT, INCLUDING BUT NOT LIMITED TO ANYTHING CAUSED BY ANY VIRUSES, BUGS, HUMAN ACTION OR INACTION OR ANY COMPUTER SYSTEM, PHONE LINE, HARDWARE, SOFTWARE, OR PROGRAM MALFUNCTIONS, OR ANY OTHER ERRORS, FAILURES OR DELAYS IN COMPUTER TRANSMISSIONS OR NETWORK CONNECTIONS, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF THAT PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.
5. User Indemnity
By using this Site you agree to defend, indemnify, and hold harmless Akoya and its affiliates, employees contractors, officers and directors from all third party liabilities, claims, and expenses, including but not limited to attorneys’ fees, that arise from any violations by you of these Terms and Conditions or any use or misuse of this Site by you.
6. Applicable Law and Jurisdiction
You agree that the laws of New York, without regard to its principles of conflict of laws, will govern these Terms and Conditions and any dispute concerning or related to these Terms and Conditions. You hereby expressly agree to submit to the exclusive personal jurisdiction of the federal and state courts sitting in New York, NY for the purpose of resolving any dispute relating to your access to or use of this Site. Akoya may seek injunctive or other appropriate relief in any state of federal court in New York, and you consent to exclusive jurisdiction and venue in such courts.
7. Termination of the Agreement
Akoya reserves the right, in its sole discretion, to restrict, suspend, or terminate these Terms and Conditions and access to all or any part of the Site or the Content, at any time and for any reason without prior notice or liability. Akoya reserves the right to change, suspend, or discontinue all or any part of the Site or the Content at any time without prior notice or liability. If these Terms and Conditions are terminated, this clause and Sections 1, 2, 3, 4, 5, and 8 shall survive the termination of these Terms and Conditions.
8. Privacy Statement
To understand our privacy practices, please review our Privacy Statement which governs your visit to this Site.
9. Account Access
You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you accept full responsibility for activity undertaken in your account.
If any of these Terms and Conditions are deemed invalid, void or unenforceable, such term or condition shall be deemed severable and shall not affect the validity or enforceability of the remaining terms and conditions. Failure of Akoya to act on or enforce any provision of these Terms and Conditions shall not be construed as a waiver of that provision or any other of these Terms and Conditions.