Last Updated: February 22, 2022
Welcome to the Cytovia Therapeutics, Inc. (“Cytovia,” “we” or “our”) website, located at https:// https://www.cytoviatx.com (the “Website”), which is a copyrighted work belonging to Cytovia. Certain features of the Website may be subject to additional guidelines, terms, or rules, which will be posted on the Website in connection with such features. All such additional terms, guidelines, and rules are incorporated by reference into these Terms (defined below). The information provided on our Website is for informational and/or educational purposes only.
2. Medical Information Disclaimer. This Website contains general information relating to various medical conditions and their treatment. Such information does not constitute healthcare advice and is not intended to substitute for, nor does it replace, professional medical advice by your doctor or other qualified healthcare professional. Nothing on this website should be considered medical advice. You should always consult your doctor or other qualified healthcare provider with any questions you may have regarding a medical condition, procedure, or treatment.
4. Disclaimer of Representations and Warranties; Limitation of Liability.
THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, CYTOVIA HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY OR NON-INFRINGEMENT. CYTOVIA DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NEITHER CYTOVIA NOR ANY PERSON ASSOCIATED WITH CYTOVIA MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. If applicable law requires any warranties with respect to the website, all such warranties are limited in duration to ninety (90) days from the date of first use.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Your use of the Website and its content is at your own risk. You understand that Cytovia cannot and does not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, CYTOVIA'S MAXIMUM LIABILITY FOR ANY TYPE OF DAMAGES HEREUNDER (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF ACTION) SHALL AT ALL TIMES BE LIMITED TO A MAXIMUM OF ONE HUNDRED U.S. DOLLARS (USD $100). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. YOU AGREE THAT OUR SUPPLIERS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THIS AGREEMENT.
THE FOREGOING LIMITATION OF LIABILITY WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
Copyrights. Copyright © 2022, Cytovia Therapeutics, Inc. All rights reserved. All content available on the Website, including, but not limited to, text, graphics, artwork, images, photographs, audio and visual clips, data compilations, and software, and the compilation thereof (collectively referred to as the “Website Content”) is the property of Cytovia and its affiliates, subsidiaries, partners, collaborators, or licensors, and is protected by the United States and international copyright laws.
Trademarks. The trademarks, logos, and service marks displayed on the Website (collectively referred to as the “Trademarks”) are the registered and unregistered marks of Cytovia and its affiliates, subsidiaries, partners, collaborators, or licensors, and are protected by the United States and international trademark laws. You are not permitted to use these Trademarks without our prior written consent or the consent of such third party which may own the Trademarks.
You also acknowledge that Cytovia may use your Website Submission, and any ideas, concepts or know-how contained therein, for any purpose including, without limitation, researching, developing, manufacturing, distributing and commercializing products. By posting or transmitting Website Submissions to Cytovia (or its third party designees), you hereby grant Cytovia and its third party designees a worldwide, non-exclusive, sub-licensable (through multiple tiers), transferable, fully paid-up, royalty-free, perpetual, irrevocable right to use, reproduce, sublicense (through multiple tiers), distribute, create derivative works of, perform and import your Website Submissions in any media now known or hereafter developed, for any purpose whatsoever, commercial or otherwise, without any compensation to you.
If you make a Website Submission, you represent and warrant that you own or otherwise control the rights to your Website Submission and may provide them to Cytovia for Cytovia’s use and without restrictions. You further represent and warrant that such Website Submission does not constitute or contain software viruses, commercial solicitation, chain letters, mass mailings, any form of “spam” or any threatening, harassing, libelous, false, defamatory, offensive, obscene or pornographic material, or other material that would violate any applicable law or regulation, including but not limited to any local, state, or federal laws or regulations governing equal employment opportunities. You may not use a false email address, impersonate any person or entity, or otherwise mislead Cytovia as to the origin of any Website Submission.
8. Third Party Links. Cytovia is not responsible for the content of any websites linked to or from the Website, including social media or other third-party websites and services (collectively referred to as the “Linked Sites”). Linked Sites appearing on this Website to other websites are for convenience only and inclusion of Linked Sites does not imply an endorsement or recommendation by Cytovia. Linked Sites are not under the control of Cytovia, its affiliates or subsidiaries. Cytovia makes no warranties or representations of any kind as to the timeliness, accuracy or completeness of information contained in such Linked Sites and shall have no liability for any damages or injuries arising from such content or information. When you access Linked Sites, you do so at your own risk. When leaving the Website, you should be aware that our terms and policies no longer govern. You should carefully review the terms and conditions and privacy policies of other websites that you visit. You hereby release and forever discharge Cytovia (and our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Website (including any interactions with, or act or omission of, any Linked Sites). If you are a California resident, you hereby waive California Civil Code 1542 in connection with the foregoing, which states, “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
9. Governing Law; Arbitration Agreement. PLEASE READ THIS CAREFULLY. THIS GOVERNING LAW AND ARBITRATION AGREEMENT (“ARBITRATION AGREEMENT”) AFFECTS YOUR RIGHTS.
You are thus GIVING UP YOUR RIGHT TO GO TO COURT to assert or defend your rights EXCEPT for matters that may be taken to small claims court. Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury. You are entitled to a FAIR HEARING, BUT the arbitration procedures are SIMPLER AND MORE LIMITED THAN RULES APPLICABLE IN COURT. Arbitrator decisions are as enforceable as any court order and are subject to VERY LIMITED REVIEW BY A COURT.
You and we must abide by the following rules: (1) ANY CLAIMS BROUGHT BY YOU OR US MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING; (2) THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, AND MAY NOT AWARD CLASS-WIDE RELIEF; (3) in the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to costs of litigation, we will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to the cost of litigation; (4) we also reserve the right in our sole and exclusive discretion to assume responsibility for all of the costs of the arbitration; (5) the arbitrator shall honor claims of privilege and privacy recognized at law; (6) the arbitrator’s award shall be final and may be enforced in any court of competent jurisdiction; (7) the arbitrator may award any individual relief or individual remedies that are permitted by applicable law; and (8) each side pays its own attorneys’ fees and expenses unless there is a statutory provision that requires the prevailing party to be paid its fees’ and litigation expenses, and then in such instance, the fees and costs awarded shall be determined by the applicable law.
Notwithstanding the foregoing, either you or we may bring an individual action in small claims court. Further, claims of infringement or misappropriation of the other party’s patent, copyright, trademark, or trade secret shall not be subject to this arbitration agreement. Such claims shall be exclusively brought in the state or federal courts located in New York, New York. Additionally, notwithstanding this agreement to arbitrate, either party may seek emergency equitable relief before the state or federal courts located in New York, New York in order to maintain the status quo pending arbitration, and hereby agree to submit to the exclusive personal jurisdiction of the courts located within New York, New York for such purpose. A request for interim measures shall not be deemed a waiver of the right to arbitrate.
For more information on AAA, its Rules and Procedures, and how to file an arbitration claim, you may call AAA at 800-778-7879 or visit the AAA website at http://www.adr.org. For more information on JAMS, it’s Rules and Procedures, and how to file an arbitration claim, you may call JAMS at 800-352-5267 or visit the JAMS website at http://www.jamsadr.com.
Subject: Accessibility Policy
Cytovia Therapeutics, Inc.
Attn: Accessibility Policy
18851 NE 29th Avenue, 2nd Floor
Aventura, Florida 33180, USA
Phone Number: (786) 591-7001