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WEB SITE TERMS OF USE

Effective Date: November 28th, 2005

Welcome to the Web site for Myeloperoxidase Antigen information (the “Site”) hosted at MPOFacts.com, owned and operated by Lee BioSolutions, Inc. (“Lee Bio”). This Site provides you with information about Myeloperoxidase Antigen. PLEASE READ THESE TERMS OF USE CAREFULLY. As a condition of accessing and using this Site, you acknowledge that you have read, understand, and agree to be bound by all of the terms and conditions set forth below. We reserve the right to amend these terms of use from time to time by posting the amended terms on this Site.

USE OF THE SITE

You may use this Site to review and post information about Myeloperoxidase Antigen. For so long as you comply with these Terms of Use, we hereby grant you a personal, revocable, limited, non-exclusive, non-transferable, non-sublicensable license to display, reformat and print up to one (1) copy of the content made available to you on this Site, solely for your personal, non-commercial use. You may not modify, reproduce, distribute, rent, lease, loan, sell, or create derivative works based upon the materials on the Site, or post any content from this Site to newsgroups, mail lists or electronic bulletin boards, without the prior written consent of an authorized representative of Lee Bio.

REGISTRATION FOR INTERACTIVE CONTENT

Certain areas of this Site, including the user forums and message boards, are intended for access and use only by authorized users who have registered for access to the interactive content, and who have established a user account. Registration requires you to establish a user name and password and provide some personal information to Lee Bio. You agree to provide accurate and current information, and to notify Lee Bio promptly of any changes. Users who elect not to register will have limited access to the interactive content on this Site.

Your user account for this Site is unique to you, and should not be shared with any other person. We highly recommend choosing a password that is unique and not used by you as a password for any other Web sites. Always be sure to log out of MPOFacts.com and close the Web browser window at the end of each session. These safety practices are particularly important if you access the Site from a public computer terminal. Lee Bio cannot and does not guarantee that this Site will be totally secure. You are responsible for maintaining the confidentiality of your account and password, and you agree to accept responsibility for all activities that occur under your account or password. Please contact a Lee Bio representative immediately if you become aware of any unauthorized use of your login name and password or other unauthorized access to this Site.

INTERACTIVE CONTENT GUIDELINES

Each user is solely responsible for the content of any postings he or she makes to this Site. Lee Bio shall not be responsible in any way for any content or opinions expressed on this Site. Lee Bio has the right, but not the obligation, to monitor your use of the site, including access to any information you create, store, send or receive, and to remove, edit, or move any material posted to the Site.

ANY INFORMATION YOU DISCLOSE ON THIS SITE BECOMES PUBLIC INFORMATION. YOU HEREBY WAIVE ANY EXPECTATION OF PRIVACY WITH RESPECT TO ANYTHING YOU CREATE, STORE, SEND OR RECEIVE WHEN USING THE SITE.

You expressly represent and warrant that all material that you post on this Site is original, and that you have full right and authority to provide such information without infringing or otherwise violating the intellectual property rights, rights of privacy or publicity, or other rights of any third party, and without breaching any contractual or fiduciary obligations. You hereby grant us a non-exclusive, perpetual and irrevocable, worldwide, royalty-free and fully paid up license to reproduce, distribute, perform, display, prepare derivative works of, and otherwise use and exploit any and all information and materials that you post or make available on this Site, without any obligation or payment to you of any kind. Without limiting the foregoing, Lee Bio reserves the right to use or disclose any information or materials posted or made available by you on this Site, without notice to you, in order to maintain the integrity and security of the Site, to comply with any laws, regulations, court orders, subpoenas or other governmental procedures, or to improve the quality of the Site generally.

RESPONSIBLE BEHAVIOR

In addition to the obligations set forth above, you agree not to access or use this Site to:

  1. reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Site, use of the Site, or access to the Site;
  2. impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
  3. forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted on the Site;
  4. make available any content that you do not have a right to make available under any applicable law or regulation or in violation of any contractual or fiduciary relationship;
  5. make available any content that infringes or otherwise violates any patent, trademark, trade secret, copyright or other proprietary rights of any party;
  6. make available any content that is unlawful, harmful, knowingly false, threatening, tortious, offensive, defamatory, obscene, pornographic, harassing, malicious, profane, invasive of another's privacy, or otherwise objectionable;
  7. make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
  8. make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any network, system, hardware, software, file or data;
  9. interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site;
  10. intercept, collect or store data or information about any other visitors to the Site; or
  11. violate any applicable local, state, national or international laws or regulations.

OUR RIGHTS IN THE SITE

Lee Bio and its licensors reserve all right, title and interest in and to this Site and all materials, information, and compilations of information available on or through the Site, as well as the domain name, design, layout, graphics, programming code and “look and feel” of the Site, the trademarks, service marks, and trade dress related thereto, and all other intellectual property and other proprietary rights embodied therein and appurtenant thereto. You agree that you will have no rights in or to any of the foregoing, express or implied, other than the limited license rights expressly granted in these Terms of Use.

LINKS TO THIRD PARTY SITES

Certain links on this Site lead to Web sites maintained by individuals or organizations over which Lee Bio has no control. These links are for the convenience of visitors to the Site only, and the inclusion of such links should not be construed as any sort of affiliation, sponsorship or endorsement.

No representations or warranties are made regarding the accuracy, timeliness, availability, or any other aspect of products, services or information located on or available through third party Web sites. You should review the privacy policies of third party Web sites carefully before providing any information to such sites. Lee Bio shall not be responsible or liable for any products, services or information available on or through any third party Web site.

LINKS TO THIS SITE

We ask that you notify us in advance of your intention to link to this Site by emailing us at info@MPOFacts.com. You may not display this Site in frames (or any of the content found on this Site via online links) without express written permission from an authorized representative of Lee Bio.

TERMINATION OF ACCESS AND USE

We reserve the right to terminate your access to and use of this Site at any time, and without any prior notice to you, if you violate any provision of these Terms of Use, or use the Site in a manner for which it is not intended to be used. You further agree to indemnify, defend and hold Lee Bio, and its directors, officers, agents and affiliates, harmless from and against any and all claims, demands, damages, losses and expenses of any kind, including attorneys’ fees and costs, arising out of or related to your use or misuse of this Site, your violation of these Terms of Use, or your violation of any rights of another person or entity.

GENERAL DISCLAIMER

THIS SITE, AND ALL PRODUCTS, SERVICES, INFORMATION AND MATERIALS MADE AVAILABLE ON OR THROUGH THE SITE, IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND ALL USE OF THIS SITE IS “AT YOUR OWN RISK”. LEE BIO MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY, REGARDING THIS SITE , OR ANY INFORMATION, ADVICE, OPINIONS OR OTHER POSTINGS OFFERED BY EXPERTS, RESEARCHERS OR OTHER USERS OF THIS SITE. LEE BIO DOES NOT REPRESENT OR WARRANT THAT YOUR USE OF THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ANY PRODUCTS, SERVICES, INFORMATION OR MATERIALS AVAILABLE ON OR THROUGH THE SITE WILL BE SUITABLE, ACCURATE, TIMELY, COMPLETE, UP-TO-DATE, CURRENT, OR FREE FROM TYPOGRAPHICAL ERRORS OR ALTERATIONS BY THIRD PARTIES. LEE BIO HEREBY DISCLAIMS ANY AND ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND QUIET ENJOYMENT.

MEDICAL DISCLAIMER

WITHOUT LIMITING THE GENERAL DISCLAIMER SET FORTH ABOVE, ANY MEDICAL INFORMATION OBTAINED ON OR THROUGH THE SITE SHOULD NOT BE CONSIDERED MEDICAL ADVICE OR A SUBSTITUTE FOR A PHYSICIAN’S ADVICE. LEE BIO DOES NOT GUARANTEE THE ACCURACY OR APPROPRIATENESS OF SUCH INFORMATION AS TO ANY HEALTH CONDITION. LEE BIO DISCLAIMS ANY RESPONSIBILITY FOR ANY HARM OR DAMAGE ASSOCIATED WITH THE USE OF SUCH INFORMATION.

DISCLAIMER BY SPONSORS OF MPOFACTS.COM

THE THIRD PARTY SPONSORS OF THIS SITE HAVE AN INTEREST IN MAKING AVAILABLE A PLACE ON THE INTERNET WHERE RESEARCHERS AND OTHER INTERESTED PARTIES CAN EXCHANGE INFORMATION, THOUGHTS AND OPINIONS ABOUT MYELOPEROXIDASE ANTIGEN. HOWEVER, THE SPONSORS ARE IN NO WAY RESPONSIBLE FOR, AND IN NO WAY ENDORSE, ANY PARTICULAR INFORMATION OR MATERIALS ON MPOFACTS.COM. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SPONSORS OF MPOFACTS.COM HEREBY DISCLAIM ANY AND ALL LIABILITY ARISING FROM THIS SITE OR YOUR USE OR MISUSE OF THIS SITE., INCLUDING WITHOUT LIMITATION ALL DIRECT AND INDIRECT DAMAGES OF ANY KIND, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

LIMITATIONS OF LIABILITY

IN NO EVENT WILL LEE BIO OR ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR AFFILIATES BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR SIMILAR DAMAGES, INCLUDING WITHOUT LIMITATION LOST BUSINESS OR LOST PROFITS, ARISING OUT OF OR RELATED TO THE SITE OR YOUR USE OF THE SITE, OR FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON THE INFORMATION OR MATERIALS PROVIDED ON OR AVAILABLE THROUGH THIS SITE, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE, AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LEE BIO’S TOTAL CUMULATIVE LIABILITY FOR ALL CLAIMS OR SUITS ARISING FROM OR RELATED TO THIS SITE, REGARDLESS OF THE FORM OF ACTION, SHALL IN NO EVENT EXCEED THE GREATER OF THE AMOUNTS PAID BY YOU (IF ANY) TO ACCESS THIS SITE IN THE TWELVE (12) MONTHS PRECEDING THE FIRST SUCH CLAIM OR ONE HUNDRED DOLLARS ($100), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXISTENCE OF MORE THAN ONE CLAIM OR SUIT WILL NOT EXPAND THIS LIMITATION.

GOVERNING LAW; JURISDICTION

These Terms of Use and the relationship between you and us relating to your use of the Site shall be governed by and interpreted in accordance with the laws of the State of Missouri, without regard to any conflict of laws principles that would require the application of the laws of a different jurisdiction. You agree to submit to the personal jurisdiction of the state and federal courts located within St. Louis County, Missouri for any dispute, claim or action arising out of or related to your use of this Site or these Terms of Use, and hereby waive any objections to the jurisdiction and venue of such courts. You further agree that these courts shall have exclusive jurisdiction over any claims or suits commenced by you against Lee Bio or its operators related to this Site.

UNAVAILABILITY IN SOME JURISDICTIONS

Some of the products, services, information or materials on this Site are not intended for or available to persons resident in any state or territory where such products, services, information or materials would be contrary to local law or regulation.

ASSIGNMENTS

You may not assign or delegate any right or duty under these Terms of Use or related to this Site without the prior written consent of an authorized representative of Lee Bio. Any attempted assignment or delegation without such consent will be null and void from the beginning and without further effect. Lee Bio may assign any right or duty under these Terms of Use or related to the Site with or without notice to you. Subject to the foregoing, these Terms of Use will be binding on and will inure to the benefit of you and Lee Bio, and each of our respective representatives, heirs, administrators, successors and permitted assigns.

CHANGES TO THESE TERMS OF USE

Lee Bio reserves the right to amend these Terms of Use from time to time by posting the amended terms on this Site. We will notify you of these changes by updating the “Effective Date” for these Terms of Use, or by posting a notice on our Site that the Terms of Use have been changed. However, it remains your responsibility to review the Terms of Use, and your continued use of the Site after we have amended the Terms of Use shall signify your acceptance of the amended terms. These Terms of Use may be modified by you only by obtaining the prior written consent of an authorized representative of Lee Bio.

WAIVER

No duty or breach of these Terms of Use may be waived by any act, omission or knowledge by us, except by an instrument in writing expressly waiving the duty or breach and signed by an authorized representative of Lee Bio. Any waiver (express or implied) of any duty or breach will not constitute a waiver of any other or subsequent duty or breach.

CHILDREN

The Site is intended for and directed at adults over the age of 18. Lee Bio complies with the Children's Online Privacy Protection Act (COPPA) and does not knowingly permit registration or submission of personally identifiable information by anyone under 13 years of age.

CONTACTING US

If you have questions about the Terms of Use for this Site, or any other questions concerning the Site, please contact:

MPOFacts.com
2924 Mary Ave.
St. Louis, MO, USA 63144-2730
Tel: 314-968-1091
Fax: 314-968-9851
Email: info@MPOFacts.com

DIGITAL MILLENNIUM COPYRIGHT ACT

Certain areas of this Site permit end users to upload, post or otherwise transmit information such as opinions, comments, questions and other materials. Although we generally do not monitor, and disclaim any responsibility for, the materials provided on or through this Site by end users, we will not allow access to any such materials that we have actual knowledge to be infringing of a third party’s intellectual property rights. Such infringing materials will be removed from this Site, and repeat offenders will have their right to access and use this Site terminated.

Under the Digital Millennium Copyright Act (the “DMCA,” codified in relevant part at 17 U.S.C. § 512), copyright owners who believe that their rights have been infringed by unauthorized use of their protected works appearing at an online location may contact, directly or through their authorized agents, the service provider hosting such online location and request that the infringing material be removed or access to it blocked. We have designated the following individual to receive notification of claimed infringement:

Burton Lee
2924 Mary Ave.
St. Louis, MO, USA 63144-2730
Tel: 314-968-1091
Fax: 314-968-9851
Email: info@MPOFacts.com

Any such notification must be in writing, and must include:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of the right that is allegedly infringed;
  2. A description of the copyrighted work claimed to have been infringed, including, if available, a URL where the copyrighted work exists or a copy of the copyrighted work;
  3. Identification of the material claimed to be infringing, including a URL or other specific location on this Site where the material can be found;
  4. The name, address, telephone number and e-mail address of the complaining party;
  5. A statement by the complaining party that it has a good faith belief that there is no legal basis for the use of the materials complained of; and
  6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner.

Upon receipt of notification of claimed infringement, we will investigate and take appropriate action, which may include, promptly notifying the alleged infringer and removing or disabling access to the material.

Any individual who has information or materials removed from this Site pursuant to the DMCA, and believes that the materials were removed wrongfully and do not infringe a third party’s intellectual property rights, should send a counter-notification to our designated agent containing the following information:

  1. A physical or electronic signature of the individual whose information or materials was removed;
  2. Identification of the material and its location before it was removed or disabled;
  3. A statement under penalty of perjury that the material was removed or disabled as a result of mistake or misidentification;
  4. The name, address, telephone number and e-mail address of the individual whose materials was removed; and
  5. A statement that the individual consents to federal court jurisdiction in the district in which it resides, or if overseas, to jurisdiction in any district in which we may be found, and that the individual will accept service of process from the party providing the initial notification.

Upon receipt of any such counter notification, we shall promptly provide a copy of it to the party providing the initial notification and shall replace, or restore access to, the material in not less than ten (10) days and not more than fourteen (14) days — provided that the party that submitted the initial notification does not first notify our designated agent that it has filed an action seeking a court order to restrain the individual from engaging in the allegedly infringing activity. We advise you to seek the advice of legal counsel before filing any notification or counter notification in accordance with these terms of use. There are substantial penalties for making false claims under the DMCA.

ADDITIONAL TERMS

Certain functionality of this Site may be subject to additional terms and conditions. Your access to and use of such areas and features is conditioned upon your agreement to the additional terms and conditions posted on this Site or otherwise provided to you. All such additional terms and conditions are hereby incorporated into these Terms of Use.

ENTIRE AGREEMENT

These Terms of Use constitute the entire agreement between you and us with regard to your access to and use of this Site, and supersede all prior and contemporaneous negotiations, statements and agreements, whether written or oral, relating to the subject matter hereof. In the event any provision of these Terms of Use is held to be invalid or unenforceable, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent permitted under applicable law, and the remaining provisions will continue in full force and effect.

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