Terms of Use
Please read these terms and conditions of use carefully before
using this website. Yonaxis
I.P. Law Group (collectively “Yonaxis,” “We,” or “Our”)
maintains this site as a service to our clients, potential
clients, business partners, interested parties, and the
public-at-large for informational purposes
only. The terms and conditions stated
herein (collectively, the “Agreement,” “TOU,” or “terms and
conditions”) constitute a legal agreement between you and
Yonaxis I.P. Law Group, a California limited liability
company. By using or receiving any services supplied to you
by Yonaxis (collectively, “Services”), and/or downloading or
using any associated document or materials from this website
(collectively “Documents”), you hereby expressly acknowledge
and agree to be bound by the terms and conditions of this
Agreement, and any future amendments and additions to this
Agreement as published from time to time through our
Documents. Note that these terms and conditions may have
changed since your last visit to this website. If you do not
accept these terms and conditions, you may not use or access
this website.
USE OF WEBSITE AND CONTENTS
Intellectual property laws, which include federal-based patent
law, trademark law, copyright law, and trade secret/unfair
competition law, as well as common law-based intellectual
properties, are ever-changing, and the Documents contained in
this website may or may not reflect the current state of the
law.
The information in this website is provided “as-is,” without
representation or warranty of any kind, either express or
implied, including without limitation, any representation or
warranty as to suitability, reliability, applicability,
accuracy, merchantability, fitness for a particular purpose,
non-infringement, result, outcome or any other matter. We do
not represent or warrant that such information is or will be
up-to-date, complete or accurate, or free from errors,
viruses, spyware, malware, adware, worms, Trojan horses, or
other malicious code, or will function to meet your
requirements.
All provisions of these TOUs are hereby incorporated by
reference to
the Attorney
Advertising and
the Privacy
Policy, and vice versa.
Certain provisions of these terms and conditions may be
superseded by expressly designated legal notices or terms
located on particular pages of this website. Any rights not
expressly granted herein are reserved.
LIMITATION OF LIABILITY
You agree that we are not liable to you or others in any way
for any damages of any kind or under any legal theory arising
from this website, your access to, use of, or reliance upon,
the information in this website caused by lost data, malicious
code, denials of service (including computer crashes),
business interruption or other commercial damages or losses,
loss of profits, goodwill, data or equipment of use, or even
if we or you may have been advised of the possibility of such
damages, including but not limited to, liability or damages
under contract, tort, property, strict liability, or other
theories or any damages, which includes direct, indirect,
special, consequential, incidental, exemplary or punitive
damages.
Any testimonies or endorsements contained in this website do
not constitute a guarantee, warranty, or prediction regarding
a result of your matter or involvement with Yonaxis.
REPRESENTATION AND WARRANTIES
By using this website, or any of its Services, you expressly
represent and warrant that you are legally entitled to enter
into this Agreement. If you reside in a jurisdiction which
restricts the use of these Services because of age or
otherwise restricts the ability to enter into agreements such
as this one, you must abide by such restriction and must not
use our website or its Services. By using this website and
its Services, you expressly represent and warrant that you
have the right, authority and capacity to enter into this
Agreement and to abide by all terms and conditions as
specified in this Agreement.
INDEMNITY
To the fullest extent allowed by applicable law, you agree to
indemnify and hold Yonaxis, its affiliates, officers,
directors, agents, employees, and partners harmless from and
against any and all claims, liabilities, damages (actual and
consequential), losses and expenses (including attorneys’
fees) arising from or in any way related to any third party
claims relating to your use of our Services or your violation
or misuse of our TOU or this website. In the event of such a
claim, suit, or action, we will attempt to provide notice of
such claim, suit, or action, to the contact information we
have for you (provided that failure to deliver such notice
shall not eliminate or reduce your indemnification obligations
as described herein).
NO UNLAWFUL USE
As a condition of your use of the Yonaxis website, you warrant
to Yonaxis that you will not use the Yonaxis website for any
purpose that is unlawful or prohibited by these terms and
conditions. You may not use the Yonaxis website in any manner
which could damage, disable, overburden, or impair the Yonaxis
website or interfere with any other party’s use and enjoyment
of the Yonaxis website. You may not obtain or attempt to
obtain any materials or information through any means not
intentionally made available or provided for through the
Yonaxis website.
THIRD PARTY WEBSITES
Any links to third party websites are provided solely as a
convenience to you. If you use these links, you will leave
this website and any Service provided by Yonaxis. Yonaxis
does not control and is not responsible for any content on
these third party websites or any links contained therein.
Yonaxis does not accept any responsibility or make any
representations about any third party websites, or any
information, software or other products, services or materials
found therein, or any results that may be obtained from using
these third party websites. If you decide to access any of
the third party websites linked on this website, you do so
entirely at your own risk. Inclusion of links to third party
websites do not imply endorsement of these third party
websites, the businesses or organizations operating these
third party websites, or any materials contained on these
websites. Any questions or concerns regarding any third party
website should be directed to the owners or administrators of
that third party website.
COMMUNICATION SERVICES
The Yonaxis website may contain blogs, bulletin board
services, news groups, forums, communities, personal web
pages, social media, and/or other message or communication
facilities designed to enable you to communicate with the
public at large or with a group (collectively, “Communication
Services”), you agree to use the Communication Services only
to post, send and receive messages and material that are
proper and related to the particular Communication Service.
By way of example, and not as a limitation, you agree that
when using a Communication Service, you will not:
-
Defame, abuse, harass, stalk, threaten or otherwise violate
the legal rights (such as rights of privacy and publicity)
of any person or any other entity.
-
Publish, post, upload, distribute or disseminate any
inappropriate, profane, defamatory, infringing, obscene,
indecent or unlawful topic, name, material or information.
-
Upload files that contain software or other material
protected by intellectual property laws (or by rights of
privacy of publicity) unless you own or control the rights
thereto or have received all necessary consents.
-
Upload files that contain viruses, corrupted files, or any
other similar software or programs that may damage the
operation of another’s computer.
-
Advertise or offer to sell or buy any goods or services for
any business purpose, unless such Communication Service
specifically allows such messages.
-
Conduct or forward surveys, contests, pyramid schemes or chain letters.
-
Download any file posted by another user of a Communication
Service that you know, or reasonably should know, cannot be
legally distributed in such manner.
-
Falsify or delete any author attributions, legal or other
proper notices or proprietary designations or labels of the
origin or source of software or other material contained in
a file that is uploaded.
-
Restrict or inhibit any other user from using and enjoying
the Communication Services.
-
Violate any code of conduct or other guidelines which may be
applicable for any particular Communication Service.
-
Harvest or otherwise collect information about others,
including e-mail addresses, without their consent.
-
Violate any applicable laws, statutes, ordinances, or
regulations.
Yonaxis has no obligation to monitor the Communication
Services. However, Yonaxis reserves the right to review
materials posted to a Communication Service and to remove any
materials in its sole discretion. Yonaxis reserves the right
to terminate your access to any or all of the Communication
Services at any time without notice for any reason whatsoever.
Yonaxis reserves the right at all times to disclose any
information as necessary to satisfy any applicable law,
regulation, legal process or governmental request, or to edit,
refuse to post or to remove any information or materials, in
whole or in part, in Yonaxis’s sole discretion.
Always use caution when giving out any personally identifying
information about yourself or your family in any Communication
Service. Yonaxis does not control or endorse the content,
messages or information found in any Communication Service
and, therefore, Yonaxis specifically disclaims any liability
with regard to the Communication Services and any actions
resulting from your participation in any Communication
Service. Managers and hosts are not authorized by Yonaxis,
and their views do not necessarily reflect those of Yonaxis.
Materials uploaded to a Communication Service may be subject
to posted limitations on usage, reproduction and/or
dissemination. You are responsible for adhering to such
limitations if you download the materials.
SUBMISSIONS
Yonaxis does not claim ownership of the materials you provide
to Yonaxis (including feedback and suggestions) or post,
upload, input or submit to any Yonaxis website or its
associated services (collectively “Submissions”). However, by
posting, uploading, inputting, providing or submitting your
Submission you are granting Yonaxis, its affiliated companies
and necessary sublicensees permission to use your Submission
in connection with the operation of their Internet businesses
including, without limitation, the rights to: copy,
distribute, transmit, publicly display, publicly perform,
reproduce, edit, translate and reformat your Submission; and
to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your
Submission, as provided herein. Yonaxis is under no obligation
to post or use any Submission you may provide and may remove
any Submission at any time in Yonaxis’s sole discretion.
By posting, uploading, inputting, providing or submitting your
Submission you warrant and represent that you own or otherwise
control all of the rights to your Submission as described in
this section including, without limitation, all the rights
necessary for you to provide, post, upload, input or submit
the Submissions.
ENFORCEMENT
These terms and conditions will be governed by, and construed,
in accordance with the laws of the State of California, United
States of America, without giving effect to any principles of
conflicts of laws. All claims or disputes arising out of or
relating to these terms and conditions of use shall be
resolved exclusively in the federal or state courts of the
States of California and/or Minnesota, and you specifically
and irrevocably consent to the jurisdiction of, and venue in,
such courts of the State of California, and/or the United
States District Court, Northern District of California, or the
State of Minnesota, and/or the United States District Court,
District of Minnesota.
If any part of these TOUs, or by extension the Disclaimer or
Privacy Policy, are unlawful, void or unenforceable, that
specific part of the Agreement shall be deemed severable and
will not affect the validity and enforceability of the
remaining provisions of this Agreement.
INTELLECTUAL PROPERTY
TRADEMARKS
YONAXIS® are federally-registered service marks of Yonaxis
in the United States of America and/or other jurisdictions.
No use of any Yonaxis trademark, service mark, trade name,
trade dress, design, or logo may be made without prior written
authorization of Yonaxis except to identify products or
services of Yonaxis. Nothing contained in this website should
be construed as granting, by implication, estoppel, or
otherwise, any license or right to any person or organization
under any intellectual property right of Yonaxis. To obtain
permission, or if you have any questions about our trademark
policy, please contact Yonaxis by email to:
mail@yonaxis.com.
COPYRIGHTS
Any Document, photograph, collection of Documents, artwork,
text, video or audio clips, and other written materials used
in this website are protected by copyright laws of the United
States of America and the relevant international copyright
treaties, including, but not limited to, the Berne Convention
for the Protection of Literary and Artistic Works. You may
download information from our website for your own temporary,
personal, and non-commercial use only. None these items may
be copied, reproduced, downloaded, replayed, posted,
transmitted, broadcast or otherwise distributed in any manner
without the prior written consent of Yonaxis. To obtain
permission, or if you have any questions about our copyright
policy, please contact Yonaxis by email to:
mail@yonaxis.com.
If there are any issues on this website with any submitted or
user-content-generated material that you may find infringing
another’s material subject to a copyright law, please contact
Yonaxis by email to:
mail@yonaxis.com,
in order for the alleged infringing material to be taken down
from this website.
PATENTS
No use of any design patent, business method patent, or
software utility patent used in this website may be made
without prior written consent of Yonaxis. To obtain
permission, or if you have any questions about our patent
policy, please contact Yonaxis by email to:
mail@yonaxis.com.
MODIFICATION
Yonaxis reserves the right to modify these terms and
conditions of use at any time and without notice. Changes to
these terms and uses will be posted on this page, so we
encourage you to review our Terms of Use from time to time.
NOTICE
Yonaxis may give notice by means of a general notice on this
website, electronic mail, or by written communication by
first-class mail. Such notice is deemed given upon the
expiration of 12 hours after posting on the website or
transmitting by email, or by 48 hours of mailing by
first-class mail, of such notice. You may give notice to
Yonaxis by email to:
mail@yonaxis.com, or
letter delivered by overnight delivery service (i.e., FedEx,
UPS, or DHL only) or by certified mail to: Yonaxis I.P. Law
Group, 70 Ranch Drive, Novato, CA 94945, USA.
ASSIGNMENT
This Agreement may not be assigned by you without prior
written permission of Yonaxis. Yonaxis may assign at any time
and without your consent to a parent or subsidiary, acquirer
of assets, or successor by merger.
QUESTIONS
If you have questions about this website’s terms and
conditions, please feel free to contact Yonaxis by email to:
mail@yonaxis.com
Updated: January 3, 2023