Last revised on: February 9, 2022
The website located at [www.bluestargenomics.com] (the “Site”) and the materials found on the Site are copyrighted works belonging to and controlled by Bluestar Genomics, Inc. (“Bluestar”, “Company”, “us”, “our”, and “we”). Certain features of the Site may be subject to additional guidelines, terms, or rules, which will be posted on the Site in connection with such features. All such additional terms, guidelines, and rules are incorporated by reference into these Terms.
- 1. ACCESS TO AND USE OF THE SITE
- 1.1 License. Subject to these Terms, Bluestar grants you a non-transferable, non-exclusive, revocable, limited license to use and access the Site solely for your own personal, noncommercial use and internal business purposes. The information provided on the Sites is for general information and educational purposes and is subject to these Terms. Bluestar may at any time revise or modify these Terms, impose new conditions for use of the Sites, or restrict access to some parts of the Sites. Such changes, revisions or modifications shall be effective fifteen (15) days after posting notice of such changes on the Sites. Any use by you of the Sites after such notice shall be deemed to constitute acceptance of such changes, revisions or modifications.
- 1.2 Certain Restrictions. The rights granted to you in these Terms are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site, whether in whole or in part, or any content displayed on the Site; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Site; (c) you shall not access the Site in order to build a similar or competitive website, product, or service; and (d) except as expressly stated herein, no part of the Site may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Unless otherwise indicated, any future release, update, or other addition to functionality of the Site shall be subject to these Terms. All copyright and other proprietary notices on the Site (or on any content displayed on the Site) must be retained on all copies thereof.
- 1.3 NOT INTENDED AS MEDICAL ADVICE. YOU ACKNOWLEDGE THAT THE INFORMATION ON THE SITE IS PROVIDED FOR GENERAL INFORMATIONAL PURPOSES ONLY. IT IS NOT INTENDED AS MEDICAL ADVICE OF ANY KIND NOR IS IT INTENDED TO DIAGNOSE, TREAT, CURE OR PREVENT ANY DISEASE OR MEDICAL CONDITION. INFORMATION ON THE SITE IS NOT INTENDED TO PROVIDE INSTRUCTION ON THE APPROPRIATE USE OF ANY PRODUCT PRODUCED OR SUPPLIED BY BLUESTAR, ITS AFFILIATES, ITS RELATED COMPANIES, OR ITS LICENSORS. INFORMATION ON THE SITE REGARDING ANY PRODUCTS APPROVED FOR MARKETING IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO ANY APPLICABLE FULL PRESCRIBING INFORMATION FOR THE SPECIFIC PRODUCTS. PRODUCT INFORMATION MAY VARY BY COUNTRY. USERS OF THE SITE SHOULD BE AWARE THAT ANY PRODUCT CANDIDATES UNDER DEVELOPMENT THAT HAVE NOT BEEN APPROVED, HAVE NOT BEEN FOUND SAFE OR EFFECTIVE BY ANY REGULATORY AGENCY, AND ARE NOT APPROVED FOR ANY USE OUTSIDE OF CLINICAL TRIALS. THE INFORMATION PRESENTED ON THE SITE SHOULD NOT BE INTERPRETED OR CONSTRUED IN ANY WAY AS A REPLACEMENT OR SUBSTITUTE FOR MEDICAL ADVICE PROVIDED BY YOUR DOCTOR OR OTHER QUALIFIED HEALTHCARE PROVIDER. YOU SHOULD NOT DISREGARD, AVOID OR DELAY OBTAINING MEDICAL ADVICE OR TREATMENT FROM YOUR DOCTOR OR OTHER QUALIFIED HEALTHCARE PROVIDER DUE TO ANY INFORMATION PROVIDED ON THE SITE. UNDER NO CIRCUMSTANCES SHOULD YOU ALTER YOUR EXISTING MEDICAL TREATMENT, MEDICATION REGIMEN, OR ANY OTHER RELATED HEALTHCARE ACTIVITIES BASED ON ANY INFORMATION PROVIDED ON THE SITE. IT IS IMPORTANT FOR YOU TO DISCUSS YOUR TREATMENT OPTIONS, AND ANY QUESTIONS THAT YOU MAY HAVE, WITH YOUR DOCTOR OR OTHER QUALIFIED HEALTHCARE PROVIDER. WHILE BLUESTAR ENDEAVORS TO KEEP THE MATERIALS ON THE SITE CURRENT, HEALTHCARE INFORMATION CHANGES RAPIDLY AND, THUS, THE MATERIALS ON THE SITE SHOULD NOT BE RELIED UPON TO BE FULLY COMPREHENSIVE OR ERROR FREE. BLUESTAR DOES NOT RECOMMEND, ENDORSE OR MAKE ANY WARRANTIES OR REPRESENTATIONS OF ANY KIND WITH REGARD TO THE ACCURACY, COMPLETENESS, TIMELINESS, QUALITY, EFFICACY OR NON-INFRINGEMENT OF ANY OF THE PROGRAMS, MATERIALS, PRODUCTS OR OTHER INFORMATION PROVIDED ON THE SITE OR BY THE COMPANIES OR ORGANIZATIONS LINKED OR REFERRED TO ON THE SITE. BLUESTAR DOES NOT ADVOCATE THAT YOU ATTEMPT TO TREAT YOURSELF, YOUR FAMILY OR SOMEONE YOU KNOW WITHOUT PROPER MEDICAL SUPERVISION. BLUESTAR ENCOURAGES YOU TO SEEK THE GUIDANCE OF YOUR DOCTOR OR OTHER QUALIFIED HEALTHCARE PROVIDER IF YOU FEEL THAT YOU, YOUR FAMILY OR SOMEONE THAT YOU KNOW SUFFERS FROM THE CONDITIONS DESCRIBED ON THE SITE. IF YOU REQUIRE URGENT CARE, YOU SHOULD CONTACT YOUR LOCAL EMERGENCY SERVICES IMMEDIATELY.
- 1.4 News and Press Releases. The Site may contain information, news, press releases and/or other postings. Bluestar will use reasonable care to ensure that such information, news, press releases or other postings are accurate at the earlier of the time they are added to the Site or otherwise released. Please note, however, that Bluestar cannot guarantee that any information posted on the Site is accurate, and it shall not be liable for any losses or damage that anyone may suffer as a result of relying on such information. Specifically, Bluestar does not update press releases once they have been made public.
- 1.5 Modification. Bluestar reserves the right, at any time, to modify, suspend, or discontinue the Site (in whole or in part) with or without notice to you. You agree that Bluestar will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Site or any part thereof.
- 1.6 No Support or Maintenance. You acknowledge and agree that Bluestar will have no obligation to provide you with any support or maintenance in connection with the Site.
- 1.7 Ownership. You acknowledge that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Site and its content are owned by Bluestar or any of Bluestar’s suppliers, licensors, or other vendors or agents. Neither these Terms (nor your access to the Site) transfers to you or any third party any rights, title or interest in or to such intellectual property rights, except for the limited access rights expressly set forth in Section 1.1. Bluestar and its suppliers, licensors, vendors and other agents reserve all rights not granted in these Terms. There are no implied licenses granted under these Terms. Framing of the Site by sites or site elements of parties not part of Bluestar is not permitted.
- 1.8 Feedback. You agree that submission of any ideas, suggestions, documents, and/or proposals to Bluestar through its suggestion, feedback, wiki, forum, or similar pages (“Feedback”) is at your own risk and that Bluestar has no obligations (including without limitation obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. Bluestar will treat any Feedback you provide to Bluestar as non-confidential and non-proprietary. You agree that you will not submit to Bluestar any information or ideas that you consider to be confidential or proprietary. You hereby grant to Bluestar a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights.
- 2. INDEMNIFICATION. You agree to indemnify and hold Bluestar and its affiliated subsidiaries (and their officers, employees, and agents) harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (a) your use of the Site, (b) your violation of these Terms; or (c) your violation of applicable laws or regulations. Bluestar reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Bluestar. Bluestar will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
- 3. THIRD-PARTY LINKS, APPLICATIONS & ADS; OTHER USERS
- 3.1 Third-Party Links, Applications & Ads. The Site may contain links to third-party websites and services, applications and/or display advertisements for third parties (collectively, “Third-Party Links, Applications & Ads”). Such Third-Party Links, Applications & Ads are not under the control of Bluestar, and Bluestar is not responsible for any Third-Party Links, Applications & Ads. Bluestar provides access to these Third-Party Links, Applications & Ads only as a convenience to you, and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Links, Applications & Ads. You use all Third-Party Links, Applications & Ads at your own risk, and should apply a suitable level of caution and discretion in doing so. When you click on any of the Third-Party Links, Applications & Ads, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such Third-Party Links & Ads.
- 3.2 Release. You hereby release and forever discharge Bluestar (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 Site (including any interactions with, or act or omission of, any Third-Party Links, Applications & Ads). 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.”
- 4. DISCLAIMERS
THE SITE IS PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS, AND BLUESTAR (AND OUR SUPPLIERS) EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE (AND OUR SUPPLIERS) MAKE NO WARRANTY THAT THE SITE WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR CONTENT MADE AVAILABLE ON THE SITE OR OTHERWISE BY BLUESTAR, INCLUDING ANY ADVICE, OPINION, STATEMENT, OR OTHER MATERIAL OR DATABASE DISPLAYED, UPLOADED OR DISTRIBUTED VIA THE SITE OR AVAILABLE THROUGH THE SITE WILL BE ACCURATE, RELIABLE, CORRECT, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM BLUESTAR OR THROUGH THE SITE WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SITE, 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.
- 5. LIMITATION ON LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL BLUESTAR (OR OUR SUPPLIERS, LICENSORS, VENDORS OR AGENTS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST DATA, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS, OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, THE SITE, EVEN IF BLUESTAR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SITE IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM.TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THESE TERMS (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO A MAXIMUM OF FIFTY US DOLLARS (U.S. $50). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. YOU AGREE THAT OUR SUPPLIERS AND LICENSORS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THESE TERMS.SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
- 6. TERM AND TERMINATION. Subject to this Section, these Terms will remain in full force and effect while you use the Site. We may suspend or terminate your rights to use the Site at any time for any reason at our sole discretion, including for any use of the Site in violation of these Terms. Upon termination of your rights under these Terms, your right to access and use the Site will terminate immediately. Bluestar will not have any liability whatsoever to you for any termination of your rights under these Terms. Even after your rights under these Terms are terminated, the following provisions of these Terms will remain in effect: Sections 1.2, 1.3, 1.4, 1.7, 1.8, 2 – 7.
- 7. GENERAL
- 7.1 Disclosures. Bluestar is located at the address in Section 7.5. If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Product of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.
- 7.2 Electronic Communications. The communications between you and Bluestar use electronic means, whether you use the Site or send us emails, or whether Bluestar posts notices on the Site or communicates with you via email. For contractual purposes, you (a) consent to receive communications from Bluestar in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Bluestar provides to you electronically satisfy any legal requirement that such communications would satisfy if it were be in a hardcopy writing. The foregoing does not affect your non-waivable rights.
- 7.3 Entire Terms. These Terms constitute the entire agreement between you and us regarding the use of the Site. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation”. If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Neither party is an agent or partner of the other. These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Bluestar’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. Bluestar may freely assign these Terms. The terms and conditions set forth in these Terms shall be binding upon assignees.
- 7.4 Copyright/Trademark Information. Copyright © 2022, Bluestar Genomics, Inc. All rights reserved. All trademarks, logos and service marks (“Marks”) displayed on the Site are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.
- 7.5 Contact Information:
Bluestar Genomics, Inc.
Address: 155 Bovet Rd., Ste. #400, San Mateo, CA 94402
Email: [email protected]