Terms of Use

Effective December 2024

All content of this Internet site is owned or controlled by Evergen and is protected by worldwide copyright laws. You may download content only for your personal use for non-commercial purposes but no modification or further reproduction of the content is permitted. The content may otherwise not be copied or used in any way.

Please read these terms of use carefully before you use or access any pages of this website. By using or accessing this website, you acknowledge and consent to these terms of use. If you do not agree to these terms of use, please do not use this website. We can change these terms of use at any time by updating this posting, and if you use our website after such change, you accept these terms. Please check these terms of use periodically for changes.

You are not permitted to copy, distribute, exploit, or use any of the contents of this website for any commercial purpose without our prior, express written consent or the consent of the copyright holder of the materials.  We reserve all rights that we do not expressly grant in these terms of use. We do not transfer to you any right or ownership of any information, content, or images that you download from this website. You may use the information, content, or images only as permitted by these terms of use or if permitted by the copyright holder. You may not mirror or archive any part of this site or any material contained on this site on any server or computer without our prior written permission. Requests for permission to use our website’s content should be sent to

https://evergenbio.com/company/contact

Contents and hyperlinks

This website contains hyperlinks to third-party websites that are the sole responsibility of those independent third parties. Your use of them is solely at your own risk. We have no control over the content or policies of those third-party websites, and we are not responsible for (and will not ever be liable for) the contents, accuracy, or reliability of any websites that are hyperlinked from this website. If you choose to access information from our website (including any information that you obtain through any hyperlink), you are solely responsible for complying with any applicable laws and requirements.

If you want to link to our website, please contact Evergen before creating that link so that we can preview your website. We do not allow the unauthorized use of our logos, trademarks, or other graphics to create links. We may permit text links, with prior approval, but those links must be made to the home page of the specific Evergen-owned website you wish to link to rather than to any other specific pages within the website, unless you have received our prior written consent.

User content

We love to hear from our customers. However, we do not accept or consider any creative ideas, suggestions, or other materials related to products, services, or marketing unless we have specifically requested them. Therefore, please do not send us any original creative materials, such as product ideas or suggestions. Anything you disclose or offer to us by or through this website (a “disclosure”), including emails to us or postings on interactive portions of this website, becomes and will remain our property. Any disclosure you provide is on a non-confidential basis, and we have no obligation to keep such information secret. We are free to use, for any purpose whatsoever, any disclosure, which means, for example, that we can publish it or develop, manufacture, and market products using any information you disclose to us. You hereby release us from all liability under any legal theory in connection with the use, modification, or sale of any disclosure. By uploading or otherwise providing any disclosure to this website or to us, you hereby grant us, to the extent you retain any rights, the unlimited, perpetual right to reuse, redistribute, modify, and create derivative works from your disclosure for any purpose and in any media, without compensating you, and you warrant that all moral rights in materials that you upload have been waived.

Interactive areas and code of acceptable conduct

We do not ordinarily filter, censor, edit, or regulate information and content provided by third parties on this website, but we reserve the right to do so. This includes any information provided in comments sections or other interactive areas, and we neither endorse nor are responsible for (and under no circumstances will we be liable for) the contents, accuracy, or reliability of such information and content.

By posting, transmitting, or otherwise providing information or content through this website (the “Content”), you grant us a royalty-free, irrevocable, perpetual, non-exclusive, unrestricted, worldwide license to use, copy, modify, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat your Content.

When participating in interactive portions of this website, you represent that you have proper right and authorization to use any information or content you upload or post, and you agree to abide by the following code of acceptable conduct:

• You will not upload or otherwise provide infringing, defamatory, obscene, pornographic, threatening, abusive, illegal, or otherwise improper content.
• You will not upload viruses or harmful components.
• You will not use the website to further any illegal purpose or to violate anyone’s rights.
• You will not upload or otherwise provide content with a commercial purpose or attempt to solicit funds or advertise goods and services.
• You will not upload any copyrighted materials.
  

We will assist law-enforcement officials who are investigating illegal activity or violations of these terms of use.

Patient-focused websites

Websites that are created to disseminate patient literature are to be used only as guidelines. These sites provide basic information about a variety of medical conditions and their treatment. They are not intended to diagnose or treat a medical condition. The diagnosis and treatment of medical conditions varies according to each individual’s unique needs and doctor assessments. As with any surgery or medical procedure, the best source for information and advice is your doctor.

Products, services, and software

Downloading software from this website does not give you title to that software, including any files, data, and images that are incorporated in or associated with the software. Your use of any such software shall be only in accordance with the license agreement that is included with the software or presented upon download of such software. Software that is available on this website is copyrighted by us or by the owner of the software. Software may not be copied, redistributed, or placed on any server for further distribution. You may not sell, modify, decompile, disassemble, or otherwise reverse engineer the software.

A description or reference to a non-company product, service, or publication on this website (including any description or reference via hyperlink) does not imply that we endorse that product, service, or publication.

Products and software offered through this website will only be warranted, if at all, through the written license or warranty provided in connection with such product or software.

Notice and procedure for making claims of copyright infringement

In accordance with United States copyright law, any notifications of claimed copyright infringement should be sent to our designated agent. See our “Procedure for copyright infringement claims” below.

No representations or warranties

We make no representations or warranties that this website is free of defects, viruses, or other harmful components. We shall not be responsible for any damages or loss that may result from the hacking or infiltration of this website or our computer systems. You have the sole responsibility for adequately protecting and backing up your data and the equipment that you use in connection with this website, and you agree to hold us harmless from, and you covenant not to sue us for, any claims based on your use of this website, including claims for lost data, work delays, or lost profits resulting from your use of materials or content from this website.

The pages on this website may contain technical inaccuracies, outdated information, or typographical errors. To the extent permitted by applicable law, we provide our website as is. We do not make any warranty of any kind, whether express or implied, including but not limited to any warranty of fitness for a particular purpose or merchantability, nor do we in any way guarantee the quality, data content, or legality of any information, content, goods, or services that are transferred, received, purchased, or otherwise made available or obtained by way of this website. We do not warrant that this website will be error-free or that defects will be corrected. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.

Limitations of liability

We make no representations about the suitability, reliability, availability, timeliness, or accuracy of the information, software, products, services, or content made available through this website for any purpose. This website and all related information, software, products, services, and content are provided “as is” without warranty of any kind. We hereby disclaim all warranties and conditions with regard to such information, software, products, services, and content, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title, and non-infringement. To the fullest extent permitted by law, in no event shall we (or our officers, directors, employees, or agents) be liable for any direct, indirect, punitive, incidental, special, or consequential damages, or any other damages whatsoever, including, without limitation, damages for loss of use, data, or profits, arising out of or in any way connected with the use or performance of our website or with the delay or inability to use this website, whether based on contract, tort, negligence, strict liability, or otherwise, even if we have been advised of the possibility of damages. Because some states and jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If you are dissatisfied with any portion of our website, or with any of these terms of use, your sole and exclusive remedy is to discontinue using our website. In any event, our maximum liability (and that of our officers, directors, employees, and agents) for losses or damages shall not exceed the amount paid by you to us, if any, for your access to our website.

Jurisdiction and choice of law

We operate and control this website from within the U.S., and it contains general information about products cleared for use within the U.S. Although our websites may be accessed and used from outside the U.S., the products listed on our websites may or may not be available outside the U.S. Additionally, if available outside the U.S., the products may be distributed under different trademarks than products distributed within the U.S., or may have been cleared for use by a governmental regulatory body for different indications for use. If you have a question about availability of a product outside the U.S., please consult your physician.

Additionally, if you access our websites from outside the U.S., you do so on your own initiative and are responsible for compliance with applicable local laws.

All matters relating to our websites and these Terms of Use shall be governed by and construed in accordance with the laws of the State of Florida, without giving effect to any conflict of law provision or rule. All matters relating to our websites and these Terms of Use shall be instituted exclusively in the federal courts of the United States or the courts of the State of Florida, in each case located in the city of Gainesville and County of Alachua.

Trademarks and copyrights

Nothing on this website confers any license or any intellectual property right, including any right in the nature of trademark or copyright, belonging to us or to or any third party, whether by estoppel, implication, or otherwise. All brands and names are the property of their respective owners.

Except as otherwise noted, we own all trademarks and service marks on this website, whether registered or not. All registered trademarks are registered in the United States of America and other applicable jurisdictions.

Securities and investments

This website and the information contained or referred to in these terms of use do not constitute an offer or a solicitation of an offer for the purchase or sale of any securities.

Severability

If any provision of these terms of use is deemed unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from the remaining terms of use and will not affect the validity and enforceability of any remaining provisions.

Privacy

Please see our Privacy Policy for information regarding the collection and use of personal information from this website.

Despite any statement we make concerning privacy, we reserve the right to disclose, without notice to you, any information in our possession if we are required to do so by law or upon a good-faith belief that such action is necessary to comply with the law, to protect or defend our rights or property, or to respond to an emergency situation. Specific areas or pages of this website may include additional or different terms that relate to the use of personal information collected from such areas or pages.

General

These terms of use represent the entire statement relating to your use of this website and prevail over any prior or contemporaneous, conflicting, or additional communications.

You may not access without authorization, modify, or change any information on this website or interfere with the availability of or access to this website. We reserve all legal rights and remedies available to us, and this disclaimer shall in no way be deemed a limitation or waiver of any other rights we may have.

Specific areas or pages of this website may include additional or different terms relating to the use of this website. In the event of a conflict between such terms and these terms of use, such specific terms shall control.

Unless otherwise indicated, all material on this website is copyrighted and owned by us. The copyright notation is visibly displayed at the bottom of this website.

Your Comments and Concerns

This website is operated by Evergen, 11621 Research Circle, Alachua, Florida, 32615, United States of America.

If you have any questions, comments or concerns about these Terms of Use, please contact us at https://evergenbio.com/company/contact