Last Updated: 15 June 2022
- You acknowledge and agree that all questions, comments, ideas, feedback or other information provided by you to us (“Feedback”) are not confidential and that we may reproduce, display, perform, distribute, publish, modify, edit or otherwise use such Feedback as we deem appropriate, for any and all commercial or non-commercial purposes, in our sole discretion. If you suggest any new features and/or functionality for the Website that we subsequently incorporate into the Website (or any other website, product or service of ours), you further acknowledge that (i) Bilayer shall own, and has all rights to use, such suggestions, and the Website (or any other website, product or service of ours) incorporating such new features and/or functionality shall be the sole and exclusive property of Bilayer and (ii) all such suggestions shall be free from any confidentiality restrictions.
- YOUR LICENSE
- USER INFORMATION
You grant to Bilayer a non-exclusive license to copy, use and display any and all data, information or communications (including personally identifiable data) you send us or enter into the Website (“Information”) to the extent necessary for Bilayer to operate the Website, its business, and/or to facilitate interactions or transactions with you. You acknowledge that Bilayer exercises no control whatsoever over the content of the Information and it is your sole responsibility, at your own expense, to provide the Information, and to ensure that the Information you transmit or receive complies with all applicable laws and regulations now in place or enacted in the future. Bilayer is under no obligation, however, to review Information for accuracy, potential liability or for any other reason.
- ELECTRONIC COMMUNICATIONS
By visiting the Website or otherwise communicating with us, you consent to receive electronic communications from us and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. If, at any time, you wish to opt-out of receiving electronic communications, please contact us at the contact information listed below. If you have provided us your telephone and/or fax number, then you expressly consent to receive marketing and/or non-marketing related communications at that telephone and/or fax number, including telephone calls, text messages and faxes, as applicable.
- PROHIBITED ACTS
The following is a non-exhaustive list of activities that are prohibited in connection with your access, viewing and use of the Website:
- copying, decompiling, reverse engineering, disassembling, attempting to derive the source code, modifying, transcribing, storing, translating, selling, leasing, transferring, distributing or creating derivative works of the Website, the Bilayer Materials and/or the Trademarks;
- web scraping, framing or utilizing framing techniques to enclose, or deep link to, any Bilayer Materials, the Trademarks or other proprietary information of Bilayer or its licensors;
- criminal or tortious activity, including, but not limited to, fraud, trafficking in obscene material, gambling, harassment, stalking or spamming;
- uploading or distributing files that contain viruses, corrupted files or other software or programs that may damage the operation of the Website or computer systems of Bilayer and the Website’s users;
- interfering with, disrupting or creating an undue burden on the Website;
- removing, altering or obscuring any Trademark or other proprietary notice or legend of Bilayer or its licensors contained in or on the Website and/or the Bilayer Materials;
- violating or attempting to violate the security of the Website or Bilayer’s computer systems or using the Website to violate the security of other websites by any method; and
- INTERNATIONAL USERS
We operate the Website from the United States of America. We make no claims concerning whether the Bilayer Material may be downloaded, viewed, or be appropriate for use outside of the United States. If you choose to access the Website from outside of the United States, you are responsible for complying with applicable local laws.
- You agree that we may, in our sole discretion and without prior notice, terminate your access to the Website, including as a result of (i) requests by law enforcement or other government agencies, (ii) a request by you, (iii) discontinuance or material modification of the Website or any service offered on or through the Website or (iv) unexpected technical issues or problems. We similarly reserve the right to do any of the following, at any time, without notice: (A) modify, suspend or terminate operation of or access to the Website, or any portion of the Website, for any reason; (B) modify or change the Website, or any portion of the Website, and any applicable policies or terms; and (C) interrupt the operation of the Website, or any portion of the Website, as necessary to perform routine or non-routine maintenance, error correction or other changes.
- NO RELIANCE ON INFORMATION POSTED
The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, timeliness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
Any information on our Website related to medical conditions and their treatment is general in nature and is intended only for general information purposes. We do not offer medical diagnosis or treatment from this Website. Should you have a medical condition that may require treatment, or if you have any specific medical questions, see your own doctor or healthcare provider. Only your doctor or other healthcare professional can determine if a particular medical treatment is appropriate for you.
The Website may include content provided by third parties. All statements and/or opinions expressed in these materials are solely the opinions and the responsibility of the person or entity providing those materials. Such content does not necessarily reflect the opinion of Bilayer. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
- LINKS FROM THE WEBSITE
Our Website may contain links to websites that are owned and controlled by third parties that are not within Bilayer’s control, which are for your convenience only. The sites you can link to have their own separate terms and conditions and privacy policies, which we encourage you to review prior to using such sites. We are not responsible and cannot be held liable for the content and activities of those sites. You therefore visit and access those sites entirely at your own risk.
- DISCLAIMER OF WARRANTIES
- THE WEBSITE AND THE BILAYER MATERIAL ARE PROVIDED “AS IS,” “AS AVAILABLE” AND WITH ALL FAULTS AND WITHOUT ANY WARRANTIES OF ANY KIND. BILAYER DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, WITH RESPECT TO THE WEBSITE AND THE BILAYER MATERIAL, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF ACCURACY, MERCHANTABILITY, NON-INFRINGEMENT, TITLE, QUALITY OF INFORMATION AND FITNESS FOR A PARTICULAR PURPOSE.
- BILAYER DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES REGARDING THE TRUTH, ACCURACY, COMPLETENESS, TIMELINESS, LEGALITY OR RELIABILITY OF ANY BILAYER MATERIAL. THE WEBSITE MAY CONTAIN INACCURATE OR OUT-OF-DATE INFORMATION OR TYPOGRAPHICAL OR SPELLING ERRORS. BILAYER RESERVES THE RIGHT TO CORRECT ANY ERRORS, INACCURACIES, STALENESS OR OMISSIONS; HOWEVER, BILAYER UNDERTAKES NO OBLIGATION TO UPDATE, AMEND OR CLARIFY THE WEBSITE OR ANY BILAYER MATERIAL, EXCEPT AS REQUIRED BY LAW. NO SPECIFIED UPDATE DATE APPLIED TO THE WEBSITE SHOULD BE TAKEN TO INDICATE THAT ALL CONTENT HAS BEEN MODIFIED OR UPDATED.
- BILAYER DOES NOT WARRANT THAT: (I) THE QUALITY OF THE WEBSITE OR THE BILAYER MATERIAL THAT YOU OBTAIN FROM BILAYER WILL SATISFY YOUR REQUIREMENTS OR MEET YOUR EXPECTATIONS, (II) THE WEBSITE WILL OPERATE UNINTERRUPTED AND ERROR-FREE OR (III) THE WEBSITE WILL BE FREE OF VIRUSES, WORMS OR OTHER HARMFUL MATERIAL. YOU ASSUME THE RESPONSIBILITY TO TAKE ADEQUATE PRECAUTIONS AGAINST DAMAGES TO YOUR SYSTEMS OR OPERATIONS WHICH COULD BE CAUSED BY DEFECTS OR DEFICIENCIES IN THE WEBSITE.
- BILAYER DISCLAIMS ALL RESPONSIBILITY AND LIABILITY FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF THE INTERNET, COMPUTER SYSTEMS, SERVERS OR PROVIDERS, COMPUTER EQUIPMENT, MOBILE DEVICES, SOFTWARE OR FAILURE OF EMAIL DUE TO TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET, INCLUDING INJURY OR DAMAGE TO ANY COMPUTER OR MOBILE DEVICE RELATED TO OR RESULTING FROM THE WEBSITE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
- IN THE EVENT OF ANY PROBLEM WITH THE WEBSITE, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE ACCESSING AND VIEWING THE WEBSITE.
- LIMITATION OF LIABILITY
YOU ACKNOWLEDGE THAT YOU ARE ACCESSING AND VIEWING THE WEBSITE AND THE BILAYER MATERIAL AT YOUR OWN RISK. TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, BILAYER AND ITS LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE FOR ANY DAMAGES OF ANY KIND, IN ANY WAY ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO ACCESS OR VIEW THE WEBSITE OR THE BILAYER MATERIAL INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, OR LOSS OF DATA, WHETHER SUCH CLAIMS ARE BASED IN CONTRACT, TORT, NEGLIGENCE OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT BILAYER IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- FORCE MAJEURE
- GENERAL PROVISIONS
- Waiver. No waiver shall be implied from conduct or failure to enforce rights. No waiver shall be effective unless in a writing signed by all parties to be bound thereto.
- CONTACT INFORMATION