1. CYTX-Investor.com User Account
You are responsible for ensuring that no unauthorized person shall have access to your password(s) or account(s). It is your sole responsibility to (1) control the dissemination and use of your passwords; (2) authorize, monitor, and control (a) access to, and (b) use of your account(s) and password(s); (3) promptly inform CYTX-Investor.com ("CI") if you wish to deactivate a password(s). You grant CI and all other persons or entities involved in the operation of the CI Site the right to transmit, monitor, retrieve, store, and use your information in connection with the operation of the CI Site. CI cannot and does not assume any responsibility or liability for any information you submit to the CI Site, or for your or any third parties' use or misuse of information transmitted or received using the CI Site.
2. Use of the Site
You understand that all information, including but not limited to data, text, software, music, sound, photographs, graphics, video, messages or other materials, (the "Materials"), are the sole responsibility of the person or entity from which such Materials originated. This means that you, and not CI, are solely responsible for all Materials that you upload, post, email, transmit or otherwise make available (collectively "Upload") to any portion of the Site.
I do not control all of the Materials posted via the Site and, as such, cannot and do not guarantee the accuracy, integrity or quality of such Materials. You understand that by using the Site, you may be exposed to Materials that may be offensive or objectionable. Under no circumstances will CI be liable in any way for any Materials, including, but not limited to, for any errors or omissions in any Materials, or for any loss or damage of any kind incurred as a result of the use of any Materials Uploaded via the Site. You agree to not use the Site to: (i) Upload any Materials that are unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; (ii) impersonate any person or entity, including, but not limited to, a CI representative, or misrepresent your affiliation with a person or entity; (iii) Upload any Materials that you do not have a legal right to make available or that infringe any patent, trademark, trade secret, copyright or other proprietary rights of any party; and (iv) Upload any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any Material that contains software viruses or the like (v) promote the products or services of any entity (even if you disclose your affiliation). You understand and agree that CT does not pre-screen Materials, but that we and our designees shall have the right in our sole discretion to refuse or remove any Materials posted to the Site. CI and our respective agents and representatives, both individually and collectively, make no representations with respect to the contents hereof and specifically disclaim any other warranties, including but not limited to implied or express warranties of merchantability or fitness for any particular usage, application or purpose.
The compilation of information on the CI Site, including the design and organization, is copyrighted and may not be reprinted nor electronically reproduced.
3. Termination of Use
You agree that the CI webmaster, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Site, and remove and discard any Materials within the Site, for any reason. The CI webmaster may also, in its sole discretion and at any time, discontinue providing the Site, or any part thereof, with or without notice. You agree that any termination of your access to the Site under any provision hereof may be effected without prior notice, and acknowledge and agree that the CI webmaster may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Site. Further, you agree that the CI webmaster shall not be liable to you or any third party for any termination of your access to the Site.
4. Use of Uploaded Materials
The CI site does not claim ownership of Materials you Upload on the Site. If you Upload Materials via the Site (either by offering suggestions via email or participating in any interactive opportunities available on this Site), such information shall be considered non-confidential and CI shall have no obligation of any kind with respect to such information, and shall be free to use any ideas, concepts, or information contained in such Materials without any obligation and, for any purpose, including but not limited to developing, manufacturing, and marketing products incorporating such information. In addition, you grant the CI site a world-wide, royalty free, non-exclusive sublicensable, and transferable license with respect to Materials to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Materials on the Site (i) to provide and promote the specific portion of the Site to which such Materials were submitted or made available, and (ii) for the purpose for which such Materials were submitted or made available. You agree to indemnify and hold the CI site, and its directors, officers, agents, subsidiary organizations, partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Materials you Upload, your use of the Site, your connection to the Site, or your violation of any rights of another. The CI site retains the right to turn over any materials if legally requested to do so.
5. Social Networking Media and Content
The CI site reserves the right to remove postings from any Social Networking area at any time and for any reason. The CI site reserves the right to take any action it deems necessary to protect the personal safety of our guests or the public. However, the CI site assumes no liability or responsibility to users of the CI Site or any other person or entity for performance or nonperformance of the aforementioned activities.
6. General Practices
You acknowledge that the CI site may establish general practices and limits concerning use of the Site, including without limitation, the maximum number of days that Uploaded Materials will be retained by the Site, the maximum disk space that will be allotted on the CI site servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Site in a given period of time. You acknowledge that the CI site reserves the right to remove accounts. You further acknowledge that the CI site reserves the right to change these general practices and limits at any time, in its sole discretion, without notice.
7. Links to Other Sites
The Site may provide links to other World Wide Web sites or resources. You acknowledge and agree that the CI site has no control over such sites and resources and is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Materials, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that the CI site shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Materials or goods available on or through any such site or resource.
8. CYTX-Investor.com's Proprietary Rights
You acknowledge and agree that the Site and any necessary software used in connection with the Site ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Materials contained in sponsor advertisements or information presented to you through the Site or advertisers is protected by copyright, trademarks, patents or other proprietary rights and laws. Except as expressly authorized by the CI site, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Site or the Software, in whole or in part. The CI site grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Site. You agree not to access the Site by any means other than through the interface that is provided by the CI site for use in accessing the Site.
9. Disclaimer of Warranties and Limitation of Liabilities
IN NO EVENT SHALL THE CI SITE, ITS AGENTS, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON THE SITE BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE WEBSITE OR THE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE CI SITE IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
10. Choice of Law and Jurisdiction
The CI site is a not-for-profit foundation and is located outside the United States of America. The Site is intended for the use of all residents throughout the world. Access to the Site may not be legal for certain persons or in certain countries. If you access this site from inside these countries, you do so at your own risk and are responsible for compliance with the laws of its jurisdiction.