Legal

Terms of Use

Please read and review these Terms of Use carefully before accessing or using the Cybrexa, Inc. (the “Company”) Website at www.Cybrexa.com (the “Website”).

By accessing or using this Website, you acknowledge that you have read, understood and agreed to these Terms of Use. If you do not agree to the Terms of Use, you may not access or use the Website.

Use of Website. The information provided on this Website is for general informational and educational purposes. Your access to and use of the information contained in the Website is subject to these Terms of Use. By accessing and using this Website, you accept, without limitation or qualification, these Terms of Use and the Website Privacy Policy. You are solely responsible for the information you provide to the Website and for the products you select.

1. Content. Company will use reasonable efforts to include accurate and up-to-date information on this Website but makes no warranties or representations of any kind as to its accuracy, currency or completeness. You agree that access to and use of this Website and the content thereof is at your own risk. Neither Company nor any party involved in creating, producing or delivering this Website shall be liable for any damages, including without limitation, direct, incidental, consequential, indirect or punitive damages, arising out of access to, use of or inability to use this Website, or any errors or omissions in the content thereof. This limitation includes damages to, or for any viruses that infect your computer equipment.
2. License for Your Use. For any period of time that you use the Website and abide by the Terms of Use, Company grants to you a limited, revocable and nonexclusive license to access the Website for your use but not to copy, download or modify the Website or its content or the products, or any portion thereof, except as set forth herein. You may not utilize framing to enclose any trademark, logo, content or other proprietary information contained on the Website without the express written consent of Company. You may not use any meta tags or any other “hidden text” utilizing Company’ or its affiliates’ name or trademarks without the express written consent of Company. You agree to use the Website and products only for lawful purposes, and you acknowledge that your failure to do so may subject you to civil or criminal liability. You agree not to disrupt, modify, or interfere with the Website or any associated software, hardware and servers in any way and you agree not to impede or interfere with others’ access to and/or use of the Website. You further agree not to alter or tamper with any information or materials on or associated with the Website that you have not entered. Any unauthorized use or violation of the Terms of Use automatically terminates the license granted by Company to access and use the Website.
3. Indemnification. You agree to indemnify, defend and hold harmless Company, its officers, directors, employees, agents, suppliers and third party partners from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation by you of these Terms of Use and your use of the Website.
4. Privacy. Company respects the privacy of its Website users. Please refer to Company’ Privacy Policy that explains users’ rights and responsibilities with respect to information that is disclosed on this Website.
5. Third Party Websites and Links. This Website may contain links or references to other websites maintained by third parties over whom Company has no control. Such links are provided merely as a convenience. Similarly, this Website may be accessed from third party links over whom Company has no control. Company makes no warranties or representations of any kind as to the accuracy, currency, or completeness of any information contained in such websites and shall have no liability for any damages or injuries of any kind arising from such content or information. Inclusion of any third party link does not imply an endorsement or recommendation by Company.
6. Medical Information. This Website may contain general information relating to various medical conditions and their treatment. Such information is provided for informational purposes only and is not meant to be a substitute for advice provided by a doctor or other qualified health care professional. Patients should not use the information contained herein for diagnosing a health or fitness problem or disease. Patients should always consult with a doctor or other health care professional for medical advice or information about diagnosis and treatment.
7. Non-Confidential Information. Subject to any applicable terms and conditions set forth in our Privacy Policy, any communication or other material that you send to us through the Internet or by electronic mail or otherwise, such as any questions, comments, suggestions or the like, is and will be deemed to be non-confidential and Company shall have no obligation of any kind with respect to such information. Company shall be free to use any ideas, concepts, know-how or techniques contained in such communication for any purpose whatsoever, including but not limited to, developing, manufacturing and marketing products.
8. Trademarks. All product and service names, the Company’s name and any affiliates’ names, whether or not appearing in large print or with the trademark symbol, are trademarks of Company, its affiliates, related companies or its licensors or joint venture partners, unless otherwise noted. Your use or misuse of these trademarks or any other content or materials on the Website or affiliates’ Websites, except as permitted herein, is expressly prohibited and may be in violation of copyright law, trademark law, the law of slander and libel, the law of privacy and publicity, and communications regulations and statutes. Please be advised that Company actively and aggressively enforces its intellectual property rights to the fullest extent of the law.
9. Copyrights. The entire contents of this Website are subject to copyright protection as indicated by the copyright notice on the Website. These contents may not be copied other than for noncommercial individual personal reference with all copyright or other proprietary notices retained, and thereafter may not be recopied, reproduced or otherwise redistributed. Except as expressly provided above, you may not copy, display, download, distribute, modify, reproduce, republish or retransmit any information, text or documents contained in this Website or any portion thereof in any electronic medium or in hard copy, or create any derivative work based on such images, text or documents, without the express written consent of Company. Nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any patent, copyright or trademark of Company, or any third party.
10. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE WEBSITE, PRODUCTS, MATERIALS AND/OR CONTENT ON THE WEBSITE FOR ANY PURPOSE. BY YOUR ACCESS TO AND USE OF THE WEBSITE, YOU ACKNOWLEDGE AND AGREE THAT YOU ARE USING THE WEBSITE AND/OR ANY LINKS TO WEBSITES, THIRD PARTY WEBSITES OR ANY THIRD PARTY’S INFORMATION, PRODUCTS OR SERVICES AT YOUR OWN RISK. THE WEBSITE IS PROVIDED BY COMPANY ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. COMPANY DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, PRODUCTS, MATERIAL, CONTENT, TEXT, GRAPHICS, EMAIL RESPONSES, LINKS AND OTHER ITEMS CONTAINED ON THE WEBSITE OR ON ANY OTHER WEBISTE, THIRD PARTY WEBSITE OR THIRD PARTYS’ INFORMATION, PRODUCTS OR SERVICES. COMPANY DOES NOT WARRANT THAT THE WEBSITE, ITS SERVERS, OR MESSAGES SENT FROM COMPANY OR THE WEBSITE ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. COMPANY IS NOT BE LIABLE FOR DAMAGES OF ANY KIND ARISING FROM THE ACCESS TO AND/OR USE OF THE WEBSITE, OR ITS CONTENT OR PRODUCTS OR ANY MATERIAL, THIRD PARTY MATERIAL, PRODUCT, SERVICE OR WEBSITE, INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES.
11. Void Where Prohibited. This Website and its contents are intended to comply with the laws and regulations in the U.S. Although the information on this Website is accessible to users outside of the U.S., the information herein is intended for use only by residents of the U.S. Other countries may have laws, regulatory requirements and medical practices that differ from those in the U.S.
12. Governing Laws. These Terms of Use and your use of the Website shall be governed by the laws of the United States of America and the State of Connecticut without regard to its conflict of laws principles. Any legal action or proceeding related to this Website shall be brought exclusively in a federal or state court of competent jurisdiction sitting in Connecticut.
13. Reporting Claims of Copyright Infringement. Company takes claims of copyright infringement seriously. Company will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from this Website infringe your copyright, you may request removal of those materials (or access to them) from the Website by submitting written notification to Company’s copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:
    • Your physical or electronic signature.
    • Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Website, a representative list of such works.
    • Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
    • Adequate information by which Company can contact you (including your name, postal address, telephone number, and, if available, email address).
    • A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
    • A statement that the information in the written notice is accurate.
    • A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

    Company’s designated copyright agent to receive DMCA Notices is:

    Cybrexa Therapeutics Inc
    5 Science Park
    395 Winchester Ave.
    New Haven, CT 06511
    (860) 717-2731
    [email protected]

    If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.

    Please be aware that if you knowingly materially misrepresent that material or activity on the Website is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.

    Counter-Notification Procedures
    If you believe that material you posted on the Website was removed or access to it was disabled by mistake or misidentification, you may file a counter-notification with Company (a “Counter-Notice”) by submitting written notification to Company’s copyright agent designated above. Pursuant to the DMCA, the Counter-Notice must include substantially the following:

    • Your physical or electronic signature.
    • An identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled.
    • Adequate information by which Company can contact you (including your name, postal address, telephone number, and, if available, email address).
    • A statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.
    • A statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you reside outside the United States for any judicial district in which the Website may be found) and that you will accept service from the person (or an agent of that person) who provided the Website with the complaint at issue.

    The DMCA allows Company to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within ten business days of receiving the copy of your Counter-Notice.

    Please be aware that if you knowingly materially misrepresent that material or activity on the Website was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.]
    Repeat Infringers

    It is Company’s policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers, at Company’s sole discretion.

14. Miscellaneous. If any provision of this Agreement is held to be unlawful, void or unenforceable, then such provision shall be severable without affecting the enforceability of all remaining provisions. Company reserves the right to alter or delete materials from this Website at any time at its sole discretion.

PRIVACY POLICY

Cybrexa, Inc. (the “Company”) is committed to maintaining your privacy, and recognizes the importance of providing protection for any personally identifiable information that you choose to share with us (Personal Information). Company has established this Privacy Policy to inform you about how Company treats Personal Information that you provide to us in the course of using the Website.
Please read this Privacy Policy carefully. If you do not agree to the terms of this Privacy Policy, please do not disclose any Personal Information through this Website. Should you have any questions about this Privacy Policy or our data collection and use practices, please see our contact information below.

1. 1. Collection of Personal Information. It is not necessary to provide any Personal Information to use this Website. You can visit much of this Website without telling Company who you are or submitting any Personal Information. However, in order to take advantage of certain features available through this Website, it may be necessary to provide Personal Information. Company may ask for some Personal Information when you send a comment or question, or when you request information through this Website. The Personal Information may include your name, telephone number, e-mail address, and possibly other information. If you do not want to give Company Personal Information, you can choose not to use those features of the Website.
   2. Use and Disclosure of Personal Information. Company may use your Personal Information that you submit for only limited purposes. Company uses Personal Information you provide to provide you with the information and services that you request. Also, Company may use your Personal Information in aggregate form to help evaluate and modify existing services and to help develop additional services that are likely to be of interest to visitors of the Website. Company may provide Personal Information to an affiliate entity of Company, its collaborators, and service providers Company may engage to assist Company. For example, Company may provide your Person Information to an organization in order to deliver information you have requested. Company may also disclose information if it reasonably believes it is required to do so by law, regulation or other government authority request. Company will also disclose information if it believes it is necessary to protect Company or the Website visitors.
   3. Collection and Use of Non-Personal Information. Company may automatically collect information through this Website that, alone, cannot be used to identify you (referred to as “non-personal information”). Examples may include IP host address, web pages viewed, browser type, referring website, usage and browsing habits on the Website and similar data. Company may also aggregate demographic information collected from its users (such as the number of users in a particular geographic location) in a manner which does not identify any one individual. Company may use this non-personal information in aggregate form for product and service development, for market analysis, and to understand how to improve the quality of the Website. In doing so, Company may provide it to third parties.
   4. Receiving Promotional Materials. Company may send you information or materials such as newsletters by e-mail or postal mail when you submit your e-mail or postal mail address via the Website or an affiliate’s website. You may “opt-out” of receiving the e-mails by using the unsubscribe feature included in the e-mails you receive. Also, if you do not want to receive this information or materials, you can send an email with your name, mailing address and email address to [email protected]. When Company receive your request, Company may take reasonable steps to remove your name from its address lists.
   5. Cookies. A cookie is a small text file that a website can place on your computer’s hard drive for record-keeping or other administrative purposes. The Website may use cookies to help to personalize your experience on the Website. You have the ability to accept or decline cookies. Although most web browsers accept cookies automatically, usually you can modify your browser setting to decline cookies. If you decide to decline cookies, you may not be able to fully use the features of the Website. Cookies may also be used at certain sites accessible through links on the Website.
   6. NOTICE TO CHILDREN UNDER THE AGE OF 13 AND THEIR PARENTS OR LEGAL GUARDIANS. THE WEBSITE IS ONLY INTENDED FOR ADULTS AND IS NOT DIRECTED TOWARD CHILDREN UNDER THE AGE OF 13. COMPANY DOES NOT KNOWINGLY COLLECT PERSONAL INFORMATION FROM CHILDREN UNDER THE AGE OF 13. IF YOU ARE UNDER THE AGE OF 13 AND WOULD LIKE TO CONTACT COMPANY PLEASE DO SO ONLY THROUGH YOUR PARENTS OR LEGAL GUARDIANS. IF YOU ARE UNDER THE AGE OF 13 PLEASE DO NOT SEND COMPANY ANY PERSONAL INFORMATION INCLUDING WITHOUT LIMITATION YOUR EMAIL ADDRESS, NAME AND/OR CONTACT INFORMATION. IF YOU ARE THE PARENT OR GUARDIAN OF A CHILD UNDER THE AGE OF 13 WHO YOU BELIEVE MAY HAVE PROVIDED PERSONAL INFORMATION TO COMPANY, PLEASE CONTACT COMPANY AND COMPANY WILL PROMPTLY DELETE SUCH INFORMATION FROM ITS FILES.
   7. Links to Other Sites. Some of the Website features may contain links to third party websites or services that are not under Company’s control. Such links do not constitute an endorsement of those third parties or the content displayed on their sites. Company provides these links to you only as a convenience, and any information you provide to those third parties will be used as described by the third parties in their own privacy policies.
   8. Location Of Data. Your Personal Information may be transferred to, stored and processed in the United States or any other country where we have facilities, and by providing us with your information, you consent to the transfer, storage and processing of such information outside of your state and/or country.
   9. Updating Personal Information. If you later decide that you do not want your Personal Information used for the purposes described in this Privacy Policy, you may contact Company at its mailing address below to request removal of your Personal Information from its database. You may also contact Company to correct or update any Personal Information you have provided Company. You may also “opt-out” of receiving e-mails and other communications from Company by using the unsubscribe feature included in the e-mails you receive.

Your California Privacy Rights. If you are a California USA resident, under California law you are entitled to information on the kinds of privacy policy

1. your Personal Information gathered by the Website and how this Personal Information may be shared with other parties and by contacting Company you can review and make changes your stored Personal Information. To contact Company for this purpose if you are a California resident, please submit a written request to the following address: Cybrexa, Inc., 5 Science Park, 395 Winchester Ave., New Haven, CT 06511. Please include your name and the address to which you would like Company to respond. Please allow at least thirty (30) days for a response.
2. Updates to Privacy Policy. Company reserves the right to update this Privacy Policy from time to time. If Company decides to change this Privacy Policy, Company will post those changes at this Website. You are encouraged to review this Privacy Policy regularly for any changes. Your continued use of this Website will be subject to the then-current Privacy Policy. If you have questions regarding this Privacy Policy, please contact us at: Cybrexa, Inc., 5 Science Park, 395 Winchester Ave., New Haven, CT 06511.