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USE
OF MJ BIOLOGICS SITES
MJ
Biologics, Inc. (“MJ”) is pleased to provide you
with the products, program, technologies, services, content,
and information on all web sites of MJ (collectively, the “MJ
Web-Sites”). Your use of the MJ Web-Sites is strictly
subject to the following terms and conditions of use (the “Use
Terms”), which are a binding contract between you and
MJ. By using or accessing the MJ Web-Sites, you irrevocably
accept and agree to be bound by the Use Terms effective on the
date of your access to the MJ Web-Sites. MJ hereby reserves
its right to modify the Use Terms at any time, from time to
time, and without prior notice. All content on the MJ Web-Sites
is the property of MJ and is protected by and under copyright
laws, trademark laws, unfair competition laws, state common
laws and statutes relating to property rights, privacy rights,
and/or publicity rights, and any other applicable laws. Accordingly,
you may not copy, distribute, modify, post, or frame-in any
portion of the MJ Web-Sites, including without limitation, any
text, graphics, video, photo, audio, user interface design or
logos, without prior written consent from MJ.
AUTOGENOUS DISCLAIMER
From
time to time the MJ Web-Sites may contain user reviews or testimonials
authored by third party individuals having actual knowledge
and/or experience of certain products, program, technologies,
and/or services of MJ. However, those reviews or testimonials
represent personal (clinical or on-farm) experiences of the
individual writers and are not representations or warranties
of the efficacy, quality, or suitability of any product, program,
technology, and/or service of MJ. If the products, program,
technologies, and/or services mentioned in the testimonials
are and/or relate to autogenous vaccines or other biological
products regulated by the U.S. Department of Agriculture under
9 C.F.R. § 113.113, given the nature of an autogenous program,
results may vary due to many different farm specific factors,
including but not limited to, microorganisms isolated by the
attending veterinarian, previous vaccination and/or natural
exposure history of the herd, epidemiology of the disease surrounding
the farm, and disease/production control measures administered
by the attending veterinarian, and therefore, you must consult
with your veterinarian.
WARRANTY DISCLAIMER
You
hereby agree and acknowledge that the quality, efficacy, and/or
suitability of biological products, program, technologies and/or
services administered to or in connection with livestock depend
on many variable factors beyond commercially reasonable control
of the provider of such products, program, technologies and/or
services, and thus documents and/or information on the MJ Web-Sites
are not intended to be used as an alternative to consulting
with your veterinarian or other qualified professional. THEREFORE,
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
A.
MJ MAKES NO WARRANTY, WHETHER EXPRESS OR IMPLIED, THAT THE RESULTS
OBTAINED FROM THE MJ WEB-SITES OR THE USE THEREOF WILL BE ACURATE
OR RELIABLE, OR THAT THE QUALITY OF ANY PRODUCTS, PROGRAM, TECHNOLOGIES,
SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH
THE MJ WEB-SITES WILL MEET YOUR EXPECTATIONS.
B.
MJ EXPRESSLY DISCLAIMS AND MAKES NO WARRANTY, WHETHER EXPRESS
OR IMPLIED, OF ADEQUACY, RELIABILITY, OR ACCURACY OF TECHNICAL
DATA, CLINICAL DATA, TEST RESULTS, CHALLENGE STUDIES AND/OR
ANY OTHER INFORMATION THAT MAY BE POSTED ON THE MJ WEB-SITES.
C.
MJ AND ITS LICENSEES AND BUSINESS PARTNERS MAKE NO REPRESENTATION
ABOUT THE ACCURACY, COMMERCIAL REASONABLENESS, QUALITY, EFFICACY,
POTENCY, SAFETY OR SUITABILITY OF ANY PRODUCT, PROGRAM, TECHNOLOGY,
SERVICE, AND/OR INFORMATION SOLD, RENDERED, PROVIDED, AND/OR
MADE AVAILABLE BY THEM FOR ANY PURPOSE, AND EXPRESSLY DISCLAIM
AND MAKE NO WARRANTIES, WHETHER EXPRESS OR IMPLIED, WITH RESPECT
TO ANY PRODUCT, PROGRAM, TECHNOLOGY, SERVICE, AND/OR INFORMATION
SOLD, RENDERED, PROVIDED, AND/OR MADE AVAILABLE BY ANY OF THEM,
INCLUDING BUT NOT LIMITED TO, WARRANTY OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
D.
MJ DOES NOT WARRANT THAT ANY DEFECTS OR INACCURACIES WILL BE
CORRECTED.
E.
UPON CONSUMMATION OF SALE, ANY PRODUCT, PROGRAM, AND/OR SERVICE
SOLD AND/OR RENDERED BY MJ, ITS LICENSEES, AND/OR ITS BUSINESS
PARTNERS WILL BE PROVIDED “AS IS” AND “AS
AVAILABLE” BASIS WITHOUT ANY WARRANTIES OR REPRESENTATIONS
WHATSOEVER, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED
TO, WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
OR NON-INFRINGEMENT.
LIMITATION OF LIABILITY
YOU
EXPRESSLY UNDERSTAND AND AGREE THAT MJ, ITS SUBSIDIARIES, AFFILIATES,
LICENSEES, BUSINESS PARTNERS, OFFICERS, EMPLOYEES, AGENTS, PROFESSIONALS,
SHAREHOLDERS, SHALL NOT AND WILL NOT BE LIABLE TO YOU OR ANYONE
ELSE FOR ANY DIRECT, INDIREC, INCIDENTAL, SPECIAL, CONSEQUENTIAL
OR EXEMPLARY DAMAGES, OR ANY OTHER DAMAGES WHATSOEVER (INCLUDING
WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST BUSINESS
OPPORTUNITIES, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES),
WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTUOUS
ACTION, RESULTING FROM, ARISING OUT OF, AND/OR IN CONNECTION
WITH: (I) THE USE (OR LOSS OF USE) OR PERFORMANCE OF ANY DATA,
INFORMATION, AND/OR SERVICE AVAILABLE FROM THE MJ WEB-SITES;
AND/OR (II) ACCURACY, COMMERCIAL REASONABLENESS, QUALITY, EFFICACY,
POTENCY, SAFETY, OR SUITABILITY OF ANY PRODUCT, PROGRAM, TECHNOLOGY,
SERVICE, AND/OR INFORMATION SOLD, RENDERED, PROVIDED, AND/OR
MADE AVAILABLE BY THEM.
IF
YOU LIVE IN A STATE THAT DOES NOT ALLOW THE LIMITATION OF EXCLUSION
OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SOME OR
ALL OF ABOVE DESCRIBED LIMITATIONS AND EXCLUSIONS MAY NOT APPLY
TO YOU.
COPYRIGHT
NOTICE
Copyright
© 2008 MJ Biologics, Inc. All rights reserved.
TRADEMARK
/ SERVICEMARK NOTICE
The
trade / service names of MJ products, program, technologies,
and/or services, and logos of the foregoing and/or MJ referenced
in the MJ Web-Sites, whether or not appearing in bold characters
or with the trademark symbol ® or ™, are trademarks
and/or servicemarks of MJ. The use of these trademarks and/or
servicemarks is expressly prohibited and may be in violation
of law. You hereby agree not to display or use in any manner
such trademarks and servicemarks of MJ.
LINKS TO THIRD PARTY SITES
The
MJ Web-Sites may, from time to time, provide links to or from
a web site owned or operated by a third party. MJ has no control
over those linked sites and is not and shall not be responsible
or liable for the contents, data, and/or information posted
or provided in any linked web site or any link contained in
a linked web site. These links are provided to you only as a
convenience, and the inclusion of any link does not and shall
not imply endorsement by MJ of any business entities owning
or operating the linked sites, and/or any products, program,
technologies, services, and/or information available through
such business entities and/or such linked sites.
NULIB:240160.1
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