Ownership of Site and Content
The Site and all of the information, text, data, graphics, images, logos, audio, video and any other items included in or accessible from the Site (collectively, the “Content”) is owned by Xercor or other content providers and protected by United States and international copyright, trademark, and other intellectual property laws. Xercor reserves all available legal rights in the Content.
Restrictions on Use
You have the non-exclusive right to use the Content only for your own personal and noncommercial use. You may not copy, download, transmit, publish, imitate, modify or create any derivative works from the Content without the prior written permission of Xercor, which consent may be withheld for any reason. Any unauthorized use of the Content is strictly prohibited.
You agree that your use of the Site is solely at your own risk and that Xercor will not be responsible or liable for any damages suffered by you or a third party in connection with your use of the Site. You agree to use the Site only for lawful purposes and to comply with all applicable national, state or local laws, statutes, regulations and ordinances. You may not use any device, software or other method to interfere with or attempt to interfere with the proper working of the Site or otherwise prevent another user from using and enjoying the Site. Xercor may terminate your use of the Site without notice if Xercor believes, in its sole discretion, that you have violated any of the Terms.
Third Party Sites
THE SITE AND THE CONTENT ARE PROVIDED ONLY ON AN “AS IS” AND “AS AVAILABLE” BASIS. XERCOR MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, THE SITE OR THE CONTENT. FURTHERMORE, XERCOR DOES NOT MAKE ANY REPRESENTATION, WARRANTY, PROMISE, OR GUARANTEE, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, COMPLETENESS, CORRECTNESS, OR RELIABILITY OF THE SITE AND THE CONTENT. XERCOR DOES NOT GUARANTEE THAT THE SITE WILL BE PROVIDED IN A MANNER THAT IS UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. XERCOR DOES NOT GUARANTEE THE SITE OR THE CONTENT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, XERCOR DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED. THIS DISCLAIMER INCLUDES, BUT IS NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
XERCOR DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, REGARDING ANY PRODUCTS OR SERVICES REFERENCED IN THE SITE, THE CONTENT, OR THE THIRD PARTY SITES. THIS DISCLAIMER INCLUDES, BUT IS NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
ANY CONTENT YOU ACCESS OR DOWNLOAD IS AT YOUR OWN RISK. YOU AGREE THAT XERCOR IS NOT RESPONSIBLE OR IN ANY WAY LIABLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER DAMAGE THAT OCCURS DUE TO SUCH ACCESS OR DOWNLOADS.
Limitation of Liability
To the fullest extent allowed by applicable law, in no event shall Xercor be liable to you or any other person for any direct, indirect, incidental, special, consequential or punitive damages or any other type of damages arising out of or connected with the use or Content of the Site OR ANY THIRD PARTY SITE, whether based on breach of contract, negligence, strict tort liability, product liability, or otherwise.
You agree to indemnify, defend and hold Xercor harmless from any claim, loss, or damages (including attorneys’ fees) made or incurred by any third party and arising out of your violation of the Terms.
If any portion of the Terms is deemed invalid, void, or unenforceable by a court law, that portion will be deemed stricken from these Terms and the remaining portions of the Terms will remain valid and continue in full force and effect.
The failure of Xercor to enforce or exercise any provision of the Terms shall not be considered a waiver of any right or provision in the Terms.
The Terms shall be governed by and interpreted in accordance with the laws of the State of Indiana, without regard to its conflicts of law rules. Regardless of where you access the Site, you agree that any litigation arising out of or related to the Site shall be conducted exclusively in the state or federal courts located in Marion County, Indiana.
The Terms constitute the entire agreement between you and Xercor regarding your use of the Site.