Terms and Conditions

 

This website/mobile application (“Site") is owned and operated by Abwiz Bio, Inc. ("AWB" or "We"). When you use this Site, you accept these Terms and Conditions. We may modify these Terms and Conditions from time to time. By continuing to use any AWB Site after we post any such modifications, you accept the modified Terms and Conditions.

Use of Abwiz Bio Sites

You certify that the information you provide on this Site is accurate and complete. You may not engage in the following activities on any AWB Site:

  1. Violating or attempting to violate the security of the AWB Site;
  2. Using any device, software, routine, or other mechanism to interfere or attempt to interfere with the proper working of any AWB Site;
  3. Using or attempting to use any engine, software, tool, agent, other device or mechanism other than the search mechanism(s) provided by AWB or authorized third party web browsers to navigate or search the AWB Sites; or
  4. Using or attempting to use any engine, software, tool, agent, other device or mechanism to download AWB's product catalog.

You are responsible for (a) maintaining the confidentiality of your account/password, and (b) all activities that occur under your account/password, whether or not you authorize such activities. If you become aware of any unauthorized use of your account/password, you agree to notify AWB immediately.

Any unauthorized use of the AWB Site will terminate the permission or license granted by these Terms and Conditions, and may violate applicable law including copyright laws, trademark laws (including trade dress), and communications laws and rules. All violators will be prosecuted to the fullest extent of the law.

AWB may, at our sole discretion, restrict or terminate your account for any reason. We may also change, restrict access to, suspend, or discontinue this AWB Site, or any portion of any AWB Site, at any time without advance notice.

Content Submission

AWB may allow users to submit and share comments, feedback, submissions, suggestions, questions, reviews, and other content through the AWB Sites ("Content"). By submitting Content, you warrant that (1) you are the sole author and owner of the Content; (2) you are at least eighteen (18) years old; and (3) use of any Content you supply will not violate these Terms and Conditions and will not cause injury to any person or entity.

A. License Grant for Submitted Content

If you submit any Content to any AWB Site, you automatically grant, or warrant that the owner of such content has expressly granted AWB a royalty-free, perpetual, irrevocable, worldwide, unlimited, nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the Content in any medium now known or hereafter developed. You must not submit any Content to AWB that you do not wish to license to AWB in this manner. AWB is and shall be under no obligation (1) to maintain any Content in confidence; (2) to pay any compensation for any Content; or (3) to respond to any user Content. You grant AWB the right to use the name that you submit in connection with any Content.

B. Prohibited Content

The following types of Content are prohibited on this AWB Site:

  1. deceptive, false, or misleading information;
  2. confidential identifiable information about yourself or others;
  3. violates any local, state, federal, or international laws;
  4. infringes on the rights of others, including patents, copyrights, trademarks, trade secrets, publicity or privacy rights;
  5. unlawful, obscene, derogatory, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity, as determined by AWB in its sole discretion;
  6. advertisements, solicitations or spam links to other web sites or individuals, without prior written permission from AWB;
  7. chain letters or pyramid schemes;
  8. impersonates another business, person or entity, including AWB, its related entities, employees and agents;
  9. viruses or other harmful computer code;
  10. victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability;
  11. Content for which you were compensated or granted any compensation by any third party unless authorized by AWB in writing in advance; or
  12. interferes with the use of the AWB Site by others.

You understand that AWB shall have the right, but not the obligation, to monitor the Content of the AWB Site to determine compliance with these Terms and Conditions and any other operating rules that may be established by AWB from time to time. AWB shall have the right, in its sole discretion, to edit, move, delete, or refuse to post any Content submitted to or posted on the AWB Site for any reason, including violation of these Terms and Conditions, whether for legal or other reasons. Notwithstanding this right of AWB, Site users are solely responsible for any Content you submit and you agree to indemnify AWB and its affiliates for all claims resulting from any Content you submit.

Orders, Billing and Pricing

For information on how to place an order, please visit Order Information under the “About Us” tab. When you place an order with AWB, you agree to comply with our Product Terms of Sale at https://www.abwizbio.com, “Policy and Terms” link. Pricing errors may occur on the AWB Site. AWB reserves the right to change, and/or correct pricing/pricing errors at any time. AWB may, at its discretion, either contact you for instructions or cancel your order and notify you of such cancellation.

Information Provided on the Abwiz Bio Site

AWB and its website visitors may post a variety of material on this AWB Site including without limitation, merchandise information, product descriptions, reviews, and comments, (collectively, "Materials"). The Materials that appear on this AWB Site are for educational and informational purposes only. Despite our efforts to provide useful and accurate information, errors may appear from time to time. Before you act on information you have found on any AWB Site, you should confirm any facts that are important to your decision. AWB and its information providers make no warranty as to the reliability, accuracy, timeliness, usefulness, or completeness of the information on this AWB Site. Product information contained on the AWB Sites may be different from information contained on the product materials due to manufacturing or other changes. If you find a product is not as described, your sole remedy stems from the AWB Antibody Performance Guarantee.

AWB, ITS AFFILIATES, AND AGENTS ASSUME NO RESPONSIBILITY FOR ANY CONSEQUENCE RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE MATERIALS LOCATED ON ANY AWB SITE.

Intellectual Property

All copyrights, trademarks, trade dress, other intellectual property and materials, including page headers, images, text, illustrations, formats, logos, designs, icons, photographs, programs, music clips or downloads, video clips and written and other materials (collectively, the "IP") are owned, controlled or licensed by AWB, its affiliates, or third parties who have licensed their materials to AWB and are protected by U.S. and international trademark and copyright laws. You may access, view, download, and print the IP and all other materials displayed on the AWB Sites for your personal, non-commercial use only; provided, however, that you (1) retain all copyright, trademark or other proprietary designations contained on all IP; (2) do not modify or alter the IP in any way; and (3) do not provide or make available the IP to any third party in a commercial manner. No license, right, title, or interest in any materials or software is transferred to you as a result of your use of the AWB Sites or your accessing, viewing, downloading, or printing of the IP. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the IP, the AWB Site or any related software.

All software used on the AWB Site is the property of AWB or its suppliers and protected by U.S. and international copyright laws. The IP and software on the AWB Sites may be used only as a resource for shopping purposes. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the IP on this Site is strictly prohibited. The compilation (meaning the collection, arrangement, and assembly) of all IP on the AWB Sites is the exclusive property of AWB, and is also protected by U.S. and international copyright laws.

You may contact us at info@abwizbio.com if you wish to request a use license for any AWB Site material. AWB, at our sole discretion, reserves the right to grant or deny commercial use license requests.

Copyright

If you believe any Content or any other aspect of the AWB Site infringes your copyright, you must send written notice of copyright infringement to our designated agent at the address given below. Your notice must include the following information:

  1. A description of the copyrighted work that you claim has been infringed;
  2. A description of where the material that you claim is infringing is located on the AWB Site;
  3. Your address, telephone number and email address;
  4. A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent or the law;
  5. A notarized statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the owner of the copyright at issue or are authorized to act on the copyright owner's behalf; and
  6. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright at issue.

Our designated agent for notice of claims of copyright infringement on the AWB Site may be reached at the following address:

CJ Okumura

CEO

Abwiz Bio, Inc.

9328 Pacific Heights Blvd., Ste. J

San Diego, CA 92121

Or by email: Info@abwizbio.com, type “Copyright Infringement” in the subject field of the email.

Counter Notice

If you believe that your Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to law, to post and use the content in your Content, you may send a counter-notice containing the following information to the Abwiz Bio Agent at the address listed above:

  1. Your physical or electronic signature;
  2. Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
  3. A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
  4. Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in the State of Delaware, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by the Copyright Agent, AWB may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, the removed content may be replaced, or access to it restored, approximately 10 to 14 business days after receipt of the counter-notice, at the sole discretion of AWB.

Trademarks

Any trademarks, service marks, and other marks and indicators of source or origin displayed on the AWB Site belong to AWB or to their respective owners. Such marks may not be used in connection with any other product or service in a manner that is likely to cause confusion among consumers, or to disparage or discredit the owner of such mark or its affiliates. Any third party marks that appear on the AWB Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by AWB.

Privacy

You acknowledge that any personal information that you provide to the AWB Site will be used by AWB in accordance with AWB's Privacy Policy at https://www.abwizbio.com, “Policy and Terms” link. The terms of AWB's Privacy Policy are incorporated herein by this reference.

Indemnification

You agree to defend, indemnify, and hold harmless AWB and its affiliates from and against any and all claims, damages, costs, and expenses, including attorneys' fees, arising from or related to your use of the AWB Site or any breach by you, any employee, or agent of you, knowingly or otherwise, acting on your behalf of these Terms and Conditions.

Termination

These Terms and Conditions are effective unless and until terminated by either you or AWB. You may terminate these Terms and Conditions at any time, provided that you discontinue any further use of the AWB Sites. AWB also may terminate these Terms and Conditions at any time and may do so immediately without notice, and accordingly deny you access to the AWB Site, if in AWB's sole discretion you fail to comply with any term or provision of these Terms and Conditions. Upon any termination of these Terms and Conditions by either you or AWB, you must promptly destroy all materials downloaded or otherwise obtained from the AWB Site, as well as all copies of such materials, whether made under these Terms and Conditions or otherwise. The following sections shall survive any termination of this Agreement: "Use of the AWB Sites," "Content Submission," "Pricing Information," "Information Provided on AWB Site," "Intellectual Property," "Privacy," "Indemnification," "Termination," "Disclaimer," "Limitation of Liability," and "General."

Third Party Sites

References on a AWB Site to any names, marks, products, or services of third parties, or links to third-party sites or information are not an endorsement, sponsorship, or recommendation of the third party, its information, products, or services. AWB is not responsible for the content of any third party linked site or any link contained in a linked site. Your use of a third-party site linked from a AWB Site is at your own risk and will be governed by such third party's terms and policies.

Products and Abwiz Bio Site Disclaimer

ALL AWB PRODUCTS ARE INTENDED FOR RESEARCH USE ONLY, AND ARE NOT INTENDED FOR HUMAN, DIAGNOSTIC, THERAPEUTIC OR IN VIVO USE.

AWB will not be liable for any misuse of any AWB product, including but not limited to, the use of any AWB product for any human, diagnostic, therapeutic or in vivo use.

YOU EXPRESSLY AGREE THAT YOUR USE OF THE AWB SITE, AND OF ANY CONTENT, INFORMATION, ADVICE, SERVICES, PRODUCTS, AND OTHER MATERIALS CONTAINED IN OR DESCRIBED ON THE AWB SITE, IS ENTIRELY AT YOUR OWN RISK, AND THAT ALL SUCH INFORMATION AND MATERIALS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE MAKE NO, AND HEREBY DISCLAIM ALL, REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE AVAILABILITY, OPERATION AND/OR USE OF THE AWB SITE, AND ALL OTHER CONTENT, SERVICES, PRODUCTS, AND OTHER INFORMATION AND MATERIALS CONTAINED IN OR DESCRIBED ON THE AWB SITE, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. IN ADDITION, WE DO NOT REPRESENT OR WARRANT THAT THE INFORMATION AND CONTENT ACCESSIBLE VIA THE AWB SITE IS ACCURATE, COMPLETE OR CURRENT, AND WE ARE NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS THEREIN OR FOR ANY ADVERSE CONSEQUENCES RESULTING FROM USE OF, INABILITY TO USE, OR RELIANCE ON ANY ELEMENT OF THE AWB SITE, INCLUDING BUT NOT LIMITED TO CONTENT FROM USERS AND ANY OTHER CONTENT, SERVICES, PRODUCTS, AND OTHER INFORMATION AND MATERIALS CONTAINED IN OR DESCRIBED ON THE AWB SITE. FURTHER, WE MAKE NO REPRESENTATIONS AND WARRANTIES THAT THE AWB SITE OR THE CONTENT WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY ANY USER FROM US OR THE AWB SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.

Limitation of Liability

IN NO EVENT SHALL AWB OR ITS AFFILIATES, OR THE SHAREHOLDERS, DIRECTORS, OFFICERS, MEMBERS, MANAGERS, EMPLOYEES, AGENTS OR REPRESENTATIVES OF ANY OF THE FOREGOING, BE LIABLE TO YOU OR ANY THIRD PARTY FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR DAMAGES FOR LOSS OF PROFITS, GOODWILL OR REVENUE, BUSINESS INTERRUPTION, OR LOSS OF DATA) ARISING OUT OF THE USE OF, ACCESS TO, RELIANCE ON, UNAVAILABILITY OF, INABILITY TO USE, OR IMPROPER USE OF THE AWB SITE, INCLUDING BUT NOT LIMITED TO ANY CONTENT FROM ANY USER, REVIEWS, ADVICE, SERVICES, PRODUCTS, AND OTHER INFORMATION AND MATERIALS CONTAINED IN OR DESCRIBED ON THE AWB SITE, OR THE DISCLOSURE OR MISUSE OF ANY USER'S PERSONAL INFORMATION, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE. IN ANY EVENT, AWB'S TOTAL MAXIMUM LIABILITY IN RESPECT OF THE AWB SITE OR ANY PART THEREOF, INCLUDING BUT NOT LIMITED TO THE CONTENT FROM ANY USERS, REVIEWS, ADVICE, SERVICES, PRODUCTS, AND OTHER INFORMATION AND MATERIALS CONTAINED IN OR DESCRIBED ON THE AWB SITE, IN ANY MANNER WHATSOEVER, SHALL BE LIMITED TO ONE HUNDRED UNITED STATES DOLLARS ($100.00). THIS LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY PROVIDED HEREIN.

General

These Terms and Conditions represent the complete agreement between the parties with respect to the use of the AWB Site, and supersede all prior agreements and representations. Headings used in this these Terms and Conditions are for reference purposes only and in no way define or limit the scope of the section. If any provision of these Terms and Conditions is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and the other terms of these Terms and Conditions shall remain in full force and effect. The failure of AWB to act with respect to a breach of these Terms and Conditions by you or others does not constitute a waiver and shall not limit AWB's rights with respect to such breach or any subsequent breaches. These Terms and Conditions shall be governed by and construed under the State of Delaware law without regard to conflicts of law provisions. Any action or proceeding arising out of or related to these Terms and Conditions or your use of the AWB Sites must be brought in the state or federal courts of the State of Delaware and you consent to the exclusive personal jurisdiction of such courts.