TERMS AND CONDITIONS OF USE

Access to and use of this web site is subject to the terms and conditions set forth herein and to all applicable laws and regulations.  You, as a visitor to and user of this web site, accept such terms and conditions as a condition to the privilege of accessing the information made available and otherwise making use of the web site. These terms and conditions may be revised from time to time without further notice by updating this posting, and you accept responsibility for reviewing the applicable terms and conditions each time you visit or use this web site in the future.

Photospectra Health Sciences Inc. (Photospectra) maintains this web site as a service to Internet users who may have an interest in Photospectra, its products and technology. This web site has been designed to provide general information about Photospectra, its products and such other matters as Photospectra chooses to cover in the materials on the web site.

Photospectra has attempted to include accurate and up-to-date information on this web site at the time of its initial posting, but makes no representations or warranties as to the accuracy or completeness of such information. Photospectra undertakes no duty to supplement or update the information on this web site in the future, and any voluntary efforts by Photospectra to do so will not constitute an undertaking of such a duty. Users of this web site accept all information made available in this web site “as is” without any representation or warranty. Photospectra accepts no responsibility for any action taken by users of this web site or other persons based on the information presented herein. All access and use of this web site, and any and all content presented herein, is at the user’s own risk.

NEITHER PHOTOSPECTRA NOR ANY PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THIS WEB SITE WILL BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES, LOSS OF USE, LOSS OF DATA, LOSS CAUSED BY VIRUS, LOSS OF INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, CLAIMS OF THIRD PARTIES, OR OTHER LOSSES OF ANY KIND OR CHARACTER, EVEN IF PHOTOSPECTRA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, ARISING OUT OF USER’S ACCESS, USE OR INABILITY TO USE THIS WEB SITE, OR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THIS WEB SITE.

This web site may employ cookie technology to help visitors move through the site. When you access the web site and take advantage of certain features, cookies may be placed on your computer. A cookie is a string of information sent by a web site and stored on your hard drive or temporarily in your computer’s memory. You may be able to disable or remove cookies on your computer by following the instructions of your hardware and software vendors. Photospectra does not provide the means for you to opt out of having such cookies placed on your computer, and makes no representation or warranty that the disabling devices provided by your hardware and software vendors will be effective to block or remove the cookies. In addition, blocking or removing cookies may impair your ability to navigate and use this web site.

Photospectra and the vendor hosting this web site also collect traffic data regarding this web site, and such data collection activities may involve interaction with cookies, the collection of user IP addresses and the exchange of numeric codes used to identify a computer. Your computer’s IP address is not necessarily linked to your personally identifiable information, but does distinguish your computer from other computers that access the Photospectra web site. Photospectra may use traffic data and your computer’s IP address to help diagnose problems with its server, analyze trends, administer its web site, and for other purposes. Photospectra may also use your computer’s IP address to identify you as a distinct, though anonymous, visitor, for whom the experience may be personalized during future visits.

Except as otherwise expressly set forth in these terms and conditions or in another official communication from Photospectra, any communication or material you transmit to Photospectra through this web site or any other means of communications is transmitted by you on a non-confidential basis. Photospectra makes no promise, express or implied, not to use such communication or material for any purpose whatsoever, including commercialization of any ideas or information contained in such communication or the disclosure, reproduction, publication, broadcast and/or posting or such information.

Users of the Photospectra web site understand that the Internet is a publicly accessible medium and that communications between users and Photospectra over the Internet are inherently insecure, and may therefore be subject to the risk of being viewed by other parties. Accordingly, you acknowledge that any transmissions of information to Photospectra over the Internet are at your own risk.

Photospectra may provide links to other web sites and other web sites, including search engine and aggregator sites that may contain links to this web site. Those other web sites are not under Photospectra’s control, and are subject to different terms and conditions than this web site. Photospectra takes no responsibility for such terms and conditions, and recommends that all users of this web site who click on a link to another web site carefully review the terms and conditions of use, and privacy policy, relating to such web site before interacting further with that web site.

Photospectra reserves the right to enforce its intellectual property rights to the fullest extent permitted and protected by law. All product names, regardless of whether or not they are registered, are trademarks of Photospectra or its licensors, unless otherwise noted. The entire contents of this web site, including any images, text or sounds, and the overall layout, look and feel of the web site, is protected by copyright and may not be distributed, downloaded, reproduced, copied, modified, reused, reposted or otherwise used except as provided herein without the express written permission of Photospectra. The use or misuse of these trademarks, copyrights or other materials, except as expressly permitted herein, is prohibited contractually by these terms and conditions and may violate applicable copyright, trademark, communications and other laws and regulations.

In using this site you agree not to:

Use the site for any purposes other than access information offered by Photospectra. Rent, lease, loan, sell, resell, sublicense, distribute, or otherwise transfer the licenses granted herein or any materials. Impersonate any person or entity, falsely claim an affiliation with any person or entity, forge another persons digital signature, misrepresent the source, identity, or content of information transmitted via the site, or perform any other similar fraudulent activity. Delete the copyright or other proprietary rights on the site. Use the site for any illegal purpose, or in violation of any local, state, provincial, national or international law, including, without limitation, laws governing intellectual property and other proprietary rights and data protection and privacy. Remove, circumvent, disable, damage or otherwise interfere with security-related features of the site, features that prevent or restrict use or copying of any content accessible through the site or features that enforce limitations on the use of the site. Reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the site or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law or intent to interfere with or damage operation of the site or any User’s enjoyment of it, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms or other malicious code.

Forward-looking statements:

The site may contain forward-looking statements. These statements relate to future events or the future performance of Photospectra. Photospectra has attempted to identify these statements by terminology including “anticipate”, “believe”, “can”, “continue”, “could”, “estimate”, “expect”, “intend”, “may”, “plan”, “potential”, “predict”, “should”, or “will” or the negative or other comparable terminology. Specifically, statements pertaining clinical trial timelines and expectations regarding clinical trial design are forward looking statements. These statements are predictions and involve known and unknown uncertainties and other factors. The information in such statements covers certain risks, uncertainties and possible inaccurate assumptions that could cause actual results to differ materially from the expected and historical results. Undue reliance should not be placed on forward-looking statements that speak only to the date they were made. Photospectra undertakes no obligation to update publicly forward-looking statements to reflect new information, events, or circumstances after the date they were made or to reflect the occurrence of unanticipated events.

Limitation of Liability:

To the extent permitted under applicable law, in no event will Photospectra or its affiliates, contractors, employees, agents, partners or suppliers be liable for any special, direct, indirect, incidental, consequential, punitive or exemplary damages, whether based in contract, tort (including negligence and strict liability) or on any other legal theory arising out of or relating to these terms of use or that from your inability to use the site or reference sites or other materials contained on this site or any other interactions with Photospectra, even if Photospectra or a Photospectra authorized representative has been advised of the possibility of such damages.