Legal Notice & Terms of Use

TERMS OF USE

Date of Last Revision: 1/2/2018

This is a binding agreement regarding the Internet site located at URL http://www.banyanbio.com (“Home Page”) and all subsidiary pages under the banyanbio.com domain (“Website”). By browsing this Website, you agree to abide by these Terms of Use, as they may be amended by Banyan Biomarkers, Inc., (“BANYAN”) from time to time in its sole discretion. It is your responsibility to review these Terms of Use periodically, and if at any time you find these Terms of Use unacceptable, you must immediately leave the Website and cease all use of the Website.

YOU AGREE THAT BY ACCESSING, BROWSING OR USING THE WEBSITE YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE FOLLOWING TERMS OF USE. YOU HEREBY REPRESENT THAT YOU ARE AT LEAST 18 YEARS OLD AND THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT. ONLY PERSONS OF LEGAL AGE CAN ACCEPT THIS AGREEMENT.

Call 911 for an Emergency

This Website does not provide medical advice. If you think you may have a medical emergency, call your doctor or 911 immediately.

Notification of Changes

BANYAN reserves the right to change these Terms of Use from time to time as it sees fit. BANYAN will post a notice on the Website any time these Terms of Use have been changed or otherwise updated and your continued use of the Website will signify your acceptance of the adjustment to these Terms of Use.

Privacy Policy

BANYAN respects your privacy and permits you to control the treatment of your personal information. A complete statement of BANYAN’s current privacy policy is found by clicking the link at the bottom of the page. BANYAN’s privacy policy is expressly incorporated into these Terms of Use by this reference. Use of Website BANYAN grants you a limited, terminable, personal, non-exclusive license to access and browse the Website. Notwithstanding anything to the contrary herein, all rights not specifically granted in the license set forth above shall be reserved and remain always with BANYAN. Nothing contained the Website should be understood as granting you a license to use any of the trademarks, service marks, or logos owned by BANYAN or by any third party.

Prohibited Uses

BANYAN imposes certain restrictions on your permissible use of the Website. You are prohibited from violating or attempting to violate any security features of the Website, accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access. Any violation of system or network security may subject you to civil and/or criminal liability.

Links to this Website

You may not create a link to any page of this Website without our prior written consent. If you do create a link to a page of this Website, you do so at your own risk and the exclusions and limitations set out above will apply to your use of this Website by linking to it. We do not tolerate any direct links to images or documents on this Site. All materials at this Website are copyrighted and owned by BANYAN or its Affiliates.

When written permission is granted, you agree not to present the link to this Website in such a way that it is associated with advertising or appears to be an endorsement of any organization, product, or service. You agree that the link will not appear on a website that a reasonable person may consider obscene, defamatory, harassing, grossly offensive, or malicious.

Jurisdiction, Venue, Law and Service of Process

These Terms of Use shall be construed in accordance with and governed by the laws of the State of California, without reference to its rules regarding conflicts of law. You hereby irrevocably consent to the exclusive jurisdiction of the state or federal courts in San Diego County, California, USA with respect to all disputes arising out of or related to your use of the Website. You also agree to electronic service of process, where allowable, regarding actions under these Terms of Use.

Information Disclaimer

The content of this Website is for general information and education purposes only and does not constitute advice. Information you read on this Website cannot replace the relationship that you have medical services or advice and the information on this Website should not be considered medical advice.

You should always talk to your health care professional for diagnosis and treatment. Health information changes quickly. Therefore, it is always best to confirm information with your health care professional.

The information contained on this Website about BANYAN assays are for investigational and research use only and are not intended for clinical diagnostic purposes.

No Warranties

ALL CONTENT ON THIS WEBSITE IS PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” BASIS. BANYAN HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, REGARDING THE WEBSITE AND ANY INFORMATION THEREIN, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. BANYAN MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, CURRENCY, OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH THIS WEBSITE.

BANYAN MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ARE RESPONSIBLE FOR TAKING ALL PRECAUTIONS NECESSARY TO ENSURE THAT ANY CONTENT YOU MAY OBTAIN FROM THIS WEBSITE IS FREE OF VIRUSES AND ANY OTHER POTENTIALLY DESTRUCTIVE COMPUTER CODE.

Some states do not allow limitations on implied warranties, so one or more of the above limitations may not apply to you.

Limitation of Liability

YOU AGREE THAT NEITHER BANYAN NOR ANY PERSON OR COMPANY ASSOCIATED WITH BANYAN SHALL BE LIABLE FOR ANY DAMAGE RESULTING FROM YOUR USE OR INABILITY TO USE THIS WEBSITE OR THE MATERIALS ON THIS WEBSITE. THIS PROTECTION COVERS CLAIMS BASED ON WARRANTY, CONTRACT, TORT, STRICT LIABILITY, AND ANY OTHER LEGAL THEORY. THIS PROTECTION COVERS BANYAN, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND SUPPLIERS MENTIONED ON THIS WEBSITE. THIS PROTECTION COVERS ALL LOSSES INCLUDING, WITHOUT LIMITATION, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, AND PUNITIVE DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION.

THE TOTAL LIABILITY OF BANYAN, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, IF ANY, FOR LOSSES OR DAMAGES SHALL BE LIMITED TO THE AMOUNT OF YOUR ACTUAL DAMAGES, NOT TO LIABILITY MAY NOT BE EFFECTIVE IN SOME STATES. IN NO EVENT SHALL BANYAN, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SUPPLIERS BE LIABLE TO YOU FOR ANY LOSSES OR DAMAGES OTHER THAN THE AMOUNT DESCRIBED ABOVE. ALL OTHER DAMAGES, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE, RESULTING FROM ANY USE OF THE WEBSITE OR MATERIALS ARE EXCLUDED EVEN IF BANYAN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

If you violate these Terms of Use in a way that causes harm to others, you agree to hold BANYAN harmless against any liability for that harm.

Disclaimer of Endorsement

References to books, software, websites, or products are specific suggestions only and do not necessarily constitute or imply an endorsement.

The views and opinions of the authors of content published by BANYAN does not necessarily state or reflect the opinion of BANYAN or its Affiliates, and cannot be used for advertising or product endorsement purposes.

Disclaimer of Links to Other Websites

This Website may contain links to websites not operated by BANYAN. We provide these links for your convenience, but we do not review, control, or monitor the materials on any other websites. These websites may contain information about uses of BANYAN’s products or therapies that have not been approved in the United States. We do not control or endorse this type of information. We are not responsible for the performance of those websites or for your business dealings with them. Your use of other websites is subject to the terms of use of those websites, including the privacy policies of those websites.

Unenforceable provisions

If, for whatever reason, a court of competent jurisdiction finds any term or condition in these Terms of Use to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of these Terms of Use shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.

General

In the event a dispute arises regarding these Terms of Use or the use of this Website, the prevailing party shall be entitled to recover reasonable attorneys’ fees and costs incurred, in addition to damages and any other relief to which it is entitled. 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 the Website or these Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You may not assign these Terms of Use without the prior written consent of BANYAN, but BANYAN may assign or transfer these Terms of Use, in whole or in part, without restriction. The section titles in these Terms of Use are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail. BANYAN may also provide notices to you of changes to these Terms of Use or other matters by displaying notices or links to notices generally on the Website. These Terms of Use, including the Privacy Policy, constitute the entire agreement between you and BANYAN regarding the subject matter hereof.

Copyright and Trademark Information

All contents of the Website are copyright © 2018 Banyan Biomarkers, Inc. All rights reserved. You agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit or transfer for any commercial purposes, any portion of the Website.

Banyan Biomarkers, Brain Trauma Indicator, BTI, Banyan TBI Panel, Banyan UCH-L1, Banyan GFAP, and the brain and tree logos are trademarks owned by BANYAN (the "Banyan Trademarks"). You agree not to display or use the Banyan Trademarks in any manner without our prior written permission.

ACKNOWLEDGEMENT.

BY ACCESSING AND BROWSING THE WEBSITE, YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM.