TERMS OF USE AGREEMENT BETWEEN USER AND TVAX BIOMEDICAL, INC.

At TVAX Biomedical, Inc. (“TVAX”), user privacy is an important concern. We are committed to privacy and security, and to providing the best possible user experience for our users and online customers. We also strive to protect the personal and confidential information of those who use our on-line services and website. Click here for our entire Privacy Policy. This policy may be updated by us from time to time, so please check here frequently.

TERMS OF USE

Please read this agreement (“Agreement”) carefully before using our website at  www.tvaxbiomedical.com.  By accessing or using our website, you agree to be bound by this Agreement and all of its terms without change.  This agreement is between TVAX, you the user, and, if you are using the website on behalf of a TVAX or organization, such TVAX or organization shall also be considered a party to this Agreement.

Neither TVAX nor its representatives are engaged in rendering legal services or other such advice. Your use of the website is subject to the additional disclaimers and notices that may appear throughout the website.

We are not providing investment advice through this website, and the material on this website should not be regarded as an offer to sell, or a solicitation of an offer to buy, any securities of TVAX or its affiliates.

TVAX and its representatives are not responsible for any direct or indirect consequence based on the information, services or other material on our website. While we strive to keep the information on this website accurate, complete and up-to-date, TVAX and its representatives cannot guarantee, and will not be responsible for any damage or loss related to, the accuracy, completeness or timeliness of the information or services on the website.

PERSONAL AND NONCOMMERCIAL USE LIMITATION: PROHIBITED USES

We may use the website to provide information about our technology and products (“information”).  Certain sections of this website are intended for particular audiences including TVAX’s employees, customers and shareholders, as well as to members of the health care community and the general public.  We grant you access to this website during the term of this agreement solely to receive the information.  You may access, download, and print materials as necessary to receive the services and information. You may not license, copy, distribute, create derivative works from, frame in another Web page, use on any other website, or sell any information, databases or lists obtained from this website. When we request, you agree to provide true, accurate and complete user information.  You will not access or attempt to access password protected, secure or non-public areas of the website without our prior written permission.  You will comply with all privacy laws. 

PROPRIETARY RIGHTS

All materials on this website (as well as the organization and layout of the website) are owned and copyrighted, licensed by, or used with permission that is granted to TVAX. No reproduction, distribution, or transmission of the copyrighted materials at this website is permitted without the prior written permission of TVAX.

MEDICAL INFORMATION/CONDITIONS

While there may be information on this website related to certain medical conditions and their treatment, should a medical condition exist, promptly see your own physician or health care provider.  We do not offer personalized medical diagnosis or patient-specific treatment advice.  Indeed, only your doctor or other health care professional, as a learned intermediary, can determine if a product described in this, or any, website is appropriate for you.

INFORMATION, NEWS AND PRESS RELEASES

The website contains information, news and/or press releases about TVAX.  While this information was believed to be accurate as of the date it was prepared, TVAX disclaims any duty or obligation to update this information, news or any press releases.  Information about companies other than TVAX contained in the news, press releases or otherwise, should not be relied upon as being provided or endorsed by TVAX.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of this website, you warrant to TVAX that you will not use this website for any purpose that is against the law or prohibited by these terms. If you violate any of these terms, your permission to use this website automatically ends.

You may not without our prior written permission use any computer code, data mining software, “robot,” “bot,” “spider,” “scraper” or other automatic device, or program, algorithm or methodology having similar processes or functionality, or any manual process, to monitor or copy any of the Web pages, data or content found on this website or accessed through this website.  You may not republish TVAX content or other content from this website on another website or use in-line or other linking to display such content without our permission.  You may not introduce viruses, spyware or other malicious code to this website.  You represent and warrant that you use frequently updated, commercially standard virus protection software to ensure that the system you use to access our website is virus free.

If you are under the age of 13, you may not use this website. 

DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THIS WEBSITE AND THE INFORMATION OFFERED AT THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TVAX EXPRESSLY 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 AND NON-INFRINGEMENT.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT TVAX SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE WEBSITE OR INFORMATION; (ii) THE COST OF SUBSTITUTE SERVICES RESULTING FROM ANY DATA, INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE INFORMATION ON THE WEBSITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE; OR (v) ANY OTHER MATTER RELATING TO THE WEBSITE OR THE SERVICES.  IN NO EVENT WILL OUR MAXIMUM LIABILITY TO YOU EXCEED THE AMOUNT YOU PAID TO US FOR THE SUBJECT SERVICES OR $100, WHICHEVER IS GREATER.

LINKS TO THIRD PARTY SITES

This website may contain hyperlinks to websites operated by parties other than TVAX or its affiliates. This includes links to clinical trials and the consumer information links provided on the website.  Such hyperlinks are provided for your reference only. We do not control such websites and are not responsible for their content. If we post hyperlinks to other websites, this does not mean that we endorse the material on such websites or associate ourselves with their operators.  Your access to and use of such websites, including information, material, products and services on such website, is solely at your own risk. Furthermore, because the TVAX privacy policy is applicable only when you are on our website, once linked to another website, you should read that site’s privacy policy before disclosing any personal information.

LINKS TO OUR WEBSITE

You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of our website so long as (i) the link or your linking website does not portray TVAX, our affiliates, or our products or services in a false, misleading, derogatory, or otherwise offensive matter;  (ii) your linking website complies with all applicable law and does not otherwise violate this Agreement or the rights of others; and (iii) your website has, maintains and follows a privacy policy no less protective of user data than the privacy policy of this website. You may not use any TVAX logo or other proprietary graphic or trademark as part of the link without express written permission.  We may revoke this license at any time, with or without cause, in which case you agree to immediately remove the hyperlink.  You may not link to any page other than the home page of this website. 

USE OF SUBMISSIONS

Should you respond with information including feedback or data such as questions, comments, suggestions, or the like regarding the content of this website, such information shall be deemed to be non-confidential and TVAX shall have no obligation of any kind with respect to such information and shall be free to reproduce, use, disclose, and distribute the information to others without limitation.  TVAX shall be free to use any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever including but not limited to developing, manufacturing, and marketing products incorporating such information.

CHANGES TO WEBSITE

We may make improvements or changes in the information, services, products, and other materials on this website, or terminate this website at any time. We may modify this Agreement at any time, and such modifications shall be effective immediately upon posting of the modified Agreement. Accordingly, you agree to review the Agreement periodically, and your continued access or use of this website shall be deemed your acceptance of the modified Agreement.

DISPUTE RESOLUTION

You agree that: (1) Any claim, dispute, or controversy (whether in contract, tort, or otherwise) arising out of, relating to, or connected in any way with the website or the services provided on the website will be resolved exclusively by final and binding arbitration conducted pursuant to the American Arbitration Association (“AAA”) Procedures for Consumer-Related Disputes in conjunction with the AAA Commercial Arbitration Rules (if and as applicable depending on the amount in controversy); (2) This arbitration agreement is made pursuant to a transaction governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16; (3) The arbitration shall be held at the AAA regional office nearest you; (4) The arbitrator’s decision shall be controlled by the terms and conditions of this Agreement; (5) The arbitrator shall apply Kansas law consistent with the FAA and applicable statutes of limitations and shall honor claims of privilege recognized at law; (6) There shall be no authority for any claims to be arbitrated on a class or representative basis; arbitration can decide only your individual claims and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (7) The arbitrator shall not have the power to award punitive damages against any party; (8) In the event that the administrative fees and deposits you are required to pay under the TVAX rules exceed $125, and you are unable to pay the additional fees and deposits, TVAX retains the right to forward them to the TVAX on the your behalf, subject to ultimate allocation by the arbitrator. In addition, if you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, TVAX retains the right to 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; and (9) If any part of this Arbitration Provision is deemed to be invalid or otherwise unenforceable or illegal, the balance of this Arbitration Provision shall remain in full force and effect and shall be construed in accordance with its terms as if the invalid or illegal provision were not contained herein.  You understand that, in the absence of this provision, you would have had a right to litigate disputes through a court, including the right to litigate claims on a class-wide or class-action basis, and that You have expressly and knowingly waived those rights and agreed to resolve any disputes through binding arbitration in accordance with the provisions of this paragraph.

MISCELLANEOUS

This website is intended to and directed to residents of the United States and all advertising claims contained in this website are valid only in the United States. This Agreement and the resolution of any dispute related to this Agreement or this website shall be governed by and construed in accordance with the laws of Kansas, without giving effect to any principles of conflicts of law. Failure by TVAX to insist upon strict enforcement of any provision of this Agreement shall not be construed as a waiver of any provision or right. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of this website or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.  If any of these terms shall be deemed invalid, void, or for any reason unenforceable, that term shall be deemed severable and shall not affect the validity and enforceability of any remaining term.

TVAX and other logos, product and service names are trademarks and service marks owned by or licensed to TVAX or its affiliates (the “Marks”). Without the prior written permission of TVAX, or its appropriate affiliates, you agree not to display or use in any manner, the Marks.

All other trademarks are the property of their respective owners.

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