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Glycom Inc. Terms of Use

Please read these Terms and Conditions of Use (the “Terms”) carefully before using the website www.holigos.com (the “Site”). If you do not agree to all of the terms and conditions of this Agreement, please do not use this website. Glycom Inc. a Delaware corporation (referred to herein as “Glycom,” “we,” “us” and “our”), reserves the right to change these Terms, in whole or in part, from time to time at our sole discretion, and to provide you with notice of such change by any reasonable means, including without limitation posting the revised version of these Terms on this Site. You may reject such changes by ceasing use of the Site. You can determine when this Agreement was last revised by referring to the “Effective Date” at the bottom of these Terms. You should always check this Agreement prior to using the Site.

This Site is owned and operated by Glycom. The content of this Site is copyrighted under United States copyright laws. Except as stated herein, none of the material on this Site may be copied, reproduced, distributed, republished, uploaded, displayed, posted or transmitted in any way whatsoever. Subject to your compliance with this Agreement, and solely for as long as you are permitted by Glycom to access and use this Site, you may download one (1) copy of any particular materials from the Site for your own personal, non-commercial use, provided that you agree to abide by any copyright notice or other restrictions contained in or applicable to such materials, including any author attribution, copyright or trademark notice or restriction in any such material that you download. Modification of the materials, or use of the materials for any other purpose, whether commercial or noncommercial, is a violation of Glycom’s copyright and other proprietary rights.

Glycom, Holigos and our other trademarks, trade names, service marks and logos appearing on this Site are proprietary trademarks of Glycom or its licensors. The use of any of our trademarks or any other content made available through this Site, except as expressly provided in herein, is strictly prohibited.

These Terms are effective unless and until terminated by Glycom. By using this Site, you represent that you are 18 years of age or older. If you are under the age of 18, but at least 13 years of age, you may use the Site only under the supervision of a parent or legal guardian who has agreed to be bound by these Terms.

Glycom may, at any time and without liability, modify or discontinue all or part of the Site (including access to the Site via third party links); charge, modify or waive any fees required to use the Site; or offer opportunities to some or all users of the Site.

Certain products, services, promotions, apps or other online offerings may be governed by separate or additional policies, terms or conditions, and you agree to comply with such policies, terms or conditions. In the event of any conflict between these Terms and any such policy, term or condition, in connection with such products, services, promotions or other web sites, apps or other online offerings, such policy, term or condition will govern with respect to those particular products, services, promotions, or other offerings.

Privacy Notice. Please review our Privacy Policy and Notice of Privacy Practices for information about our privacy practices in connection with this Site.

Jurisdictional Issues. This Site is controlled and operated from the United States and is not intended to subject Glycom to any non-U.S. jurisdiction or law. The Site may not be appropriate or available for use in some non-U.S. jurisdictions. Any use of the Site is at your own risk, and you must comply with all applicable laws, rules and regulations in doing so. We may limit the Site’s availability at any time, in whole or part, to any person, geographic area or jurisdiction that we choose.

Glycom’s Intellectual Property Rights.

This Site (including all content therein and the compilation of such content, including but not limited to all photos, apps, videos, text, graphics, data, and images) is owned by Glycom and/or its licensors and is subject to trademark, service mark, copyright and/or other intellectual property rights. The Glycom names and logos, and all related product and service names, design marks and slogans, are the trademarks or service marks of Glycom. All other marks are the property of their respective companies. Nothing contained on the Site grants any rights to use any trade name, trademark, service mark, logo, or other intellectual property without the express prior written consent of the owner.

Subject to your compliance with these Terms, and solely for so long as you are permitted by Glycom to use the Site, you may view one (1) copy of any portion of the Site to which we provide you access hereunder, on any single device, solely for your personal, non-commercial use.

Rules of Conduct. You agree that you will not violate any law, contract, intellectual property or other third party right or commit a tort, and that you are solely responsible for your conduct, while accessing or using the Site. In connection with the Site, you shall not:

  • Post, transmit or otherwise make available through or in connection with the Site any materials that are or may be: (a) threatening, harassing, degrading, hateful or intimidating, or otherwise fail to respect the rights and dignity of others; (b) defamatory, libelous, fraudulent or otherwise tortious; (c) obscene, indecent, pornographic or otherwise objectionable; or (d) protected by copyright, trademark, trade secret, right of publicity or privacy or any other proprietary right, without the express prior written consent of the applicable owner.
  • Post, transmit or otherwise make available through or in connection with the Site any virus, worm, Trojan horse, Easter egg, time bomb, spyware or other computer code, file or program that is or is potentially harmful or invasive or intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment.
  • Use the Site for any purpose that is fraudulent or otherwise tortious or unlawful.
  • Harvest or collect information about users of the Site.
  • Interfere with or disrupt the operation of the Site or the servers or networks used to make the Site available, including by hacking or defacing any portion of the Site; or violate any requirement, procedure or policy of such servers or networks.
  • Restrict or inhibit any other person from using the Site.
  • Reproduce, modify, adapt, translate, create derivative works of, sell, rent, lease, loan, timeshare, distribute or otherwise exploit any portion of (or any use of) the Site except as expressly authorized herein, without Glycom’s express prior written consent.
  • Reverse engineer, decompile or disassemble any portion of the Site, except where such restriction is expressly prohibited by applicable law.
  • Remove any copyright, trademark or other proprietary rights notice from the Site.
  • Frame or mirror any portion of the Site, or otherwise incorporate any portion of the Site into any product or service, without Glycom’s express prior written consent.
  • Systematically download and store Site content.
  • Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or otherwise gather Site content or reproduce or circumvent the navigational structure or presentation of the Site, without Glycom’s express prior written consent. Notwithstanding the foregoing, and subject to compliance with any instructions posted in the robots.txt file located in the Site’s root directory, Glycom grants to the operators of public search engines permission to use spiders to copy materials from the Site for the sole purpose of (and solely to the extent necessary for) creating publicly available, searchable indices of such materials, but not caches or archives of such materials. Glycom reserves the right to revoke such permission either generally or in specific cases, at any time and without notice.

You are responsible for obtaining, maintaining and paying for all hardware and all telecommunications and other services needed to use the Site.

Your Account. You may need to register to use all or part of the Site. We may reject, or require that you change, any account name, password or other information that you provide to us in registering. Your account name and password are for your personal use only. You are responsible for maintaining the confidentiality of your account and password (including any related security questions and answers), and for restricting access to your computer or other device, and you are responsibility for all activities, including purchases, that occur in connection with your account or password. You represent and warrant that any information you provide in connection with the Site is and will remain accurate, current, and complete, and that you will maintain and update such information as needed. By creating an account, you also agree to immediately notify us if you discover or otherwise suspect any security breaches related to the Site or your account.

Submissions and Forums. Site users may make available certain materials, including but not limited to comments, photos, videos, or other user generated content (each, a “Submission”), through or in connection with the Site, including on the Site’s interactive features, such as message boards, ratings and reviews, and other forums or messaging functionality (each, a “Forum”), or on third party social media platforms by using promotional hashtags designated by Glycom. You agree to abide by the Rules of Conduct set forth above with regards to all Submissions. Glycom has no control over Submissions and is not responsible for any use or misuse (including any distribution) by any third party of Submissions. IF YOU CHOOSE TO MAKE ANY OF YOUR PERSONALLY IDENTIFIABLE OR OTHER INFORMATION PUBLICLY AVAILABLE THROUGH OR IN CONNECTION WITH THE SITE, YOU DO SO AT YOUR OWN RISK.

License. For purposes of clarity, you retain ownership of your Submissions. For each Submission, you hereby grant to us a worldwide, royalty free, fully paid up, non exclusive, perpetual, irrevocable, transferable and fully sublicensable (through multiple tiers) license, without additional consideration to you or any third party, to reproduce, distribute, perform and display (publicly or otherwise), create derivative works of, adapt, modify and otherwise use and exploit such Submission (including any ideas, concepts, know how, techniques or methodologies incorporated therein), in any format or media now known or hereafter developed, and for any purpose (including promotional purposes, such as testimonials, and to develop, manufacture and market products and services).

In addition, if you provide to us any ideas, proposals, suggestions or other materials (“Feedback”), whether related to the Site or otherwise, such Feedback will be deemed a Submission, and you hereby acknowledge and agree that such Feedback is not confidential, and that your provision of such Feedback is gratuitous, unsolicited and without restriction, and does not place Glycom under any fiduciary or other obligation.

Third Party Materials. Parties other than Glycom may make available services, products and content on the Site. For example, Glycom may provide links to third party web sites and other resources for your convenience. Such third party stores, services, products, content, web sites and other resources, including Submissions of third parties, are referred to collectively herein as “Third Party Materials”. Glycom neither controls nor endorses, nor is Glycom responsible for, Third Party Materials, including their accuracy, integrity, quality, legality, usefulness and safety, and any intellectual property rights therein. Nothing in these Terms shall be deemed a representation or warranty by Glycom with respect to any Third Party Materials. Glycom has no obligation to monitor Third Party Materials, and may block or disable access to any Third Party Materials (in whole or part) through the Site at any time. Third Party Materials are provided for your convenience, and their availability through the Site does not imply Glycom’s endorsement of, or affiliation with, any provider of such Third Party Materials, nor does such availability create any legal relationship between you and any such provider.

GLYCOM DOES NOT ASSUME ANY RESPONSIBILITY FOR (1) ANY CONTENT OF, (2) ANY TECHNOLOGY IMPLEMENTED BY, OR (3) THE PRIVACY PRACTICES OF, ANY THIRD PARTY. YOUR USE OF ANY THIRD PARTY MATERIALS IS AT YOUR OWN RISK, AND IS SUBJECT TO ANY APPLICABLE THIRD PARTY TERMS, CONDITIONS AND POLICIES (SUCH AS TERMS AND PRIVACY POLICIES).

Monitoring. Glycom reserves the right, but does not have any obligation, to monitor areas of the Site electronically, and to monitor, alter, evaluate or remove any Submissions before or after they appear on the Site. Glycom furthers reserves the right to disclose any content, records or electronic communication of any kind, including Submissions, if required to do so by any law, rule, regulation or court order, or if such disclosure is necessary or appropriate to operate the Site or to protect Glycom’s rights or property, or the rights of other Site users, or our partners, affiliates, sponsors, providers, licensors or merchants, or as otherwise permitted in our Privacy Policy.

Product Information Disclaimer. While we work to ensure that product information is correct, actual product packaging, labeling and materials may contain more and/or different information than that shown on the Site. For these reasons you should not rely on the information presented on the Site, but should always read labels, warnings, and directions before using or consuming a product. Content on this site is for reference purposes and is not intended as a substitute for advice given by a physician, pharmacist, or other licensed health care professional. You should not use this information as self-diagnosis or for treating a health problem or disease. Contact your health care provider immediately if you suspect that you have a medical problem. Information and statements regarding dietary supplements have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure, or prevent any disease or health condition. Neither Glycom, its content provider(s) nor product manufacturers assume any liability for inaccuracies, misstatements, or omissions.

Pricing and Promotions

General

The prices applicable to your order will be those in place at the time the order was created, not the time of delivery. Product prices and promotions posted on the Site, or those sent to customers by personalized e mail or any other online or digital method, are good only for the dates indicated. In the event a product is listed at an incorrect price due to a typographical or other error, Glycom shall have the right to refuse or cancel any orders for products listed at the incorrect price, whether or not the order has been confirmed. Prices are in U.S. dollars, are subject to change, and do not reflect any applicable taxes. The final taxes and fees will be calculated on the day your order is delivered to a carrier.

Promotion Codes

Promotion codes are valid only on orders placed via the Site, subject to the terms of this section. Promotion codes can be applied to your order by entering the code at checkout. All promotion codes have an expiration date after which they will no longer apply. Promotion codes may be adjusted if the total discount value is greater than the value of your order. We reserve the right to withdraw or cancel any of our promotion codes at any time, either as a whole, or for specific goods or delivery areas. If this happens, then the promotion codes may not be used for any orders placed after the date of withdrawal or cancellation. We reserve the right to reject or cancel the use of a promotion code where fraud or illegal misuse is suspected. You will have no claim against us in respect of such rejection or cancellation of a promotion code. We shall not be liable to any customer or household for any financial loss arising out of the cancellation or withdrawal of any promotion code or any failure or inability of a customer to use a promotion code for any reason.

Reservation of Rights

All product features, including availability, prices, charges and fees in effect, are subject to change at any time without notice. Glycom reserves the right, with or without prior notice, to limit the availability of or discontinue any product, service or program; to impose conditions on the use of any promotion; to bar any user from making any purchase; and/or to refuse to provide any user with any product or service.

Orders and Billing.

Maximum Order Value; Placing an Order

There is no minimum item order and a maximum item order of 36 boxes, which may change from time to time. Available delivery windows and associated delivery fees and promotions will be shown as you proceed through the ordering process. Your order will contain an invoice that will list all of the items you have received and were billed for, and you can always find a copy in the Your Account section of the Site. If something is missing from your order, please contact us

Modifying or Cancelling an Order

You can modify or cancel an existing order (including adding or deleting items or changing the delivery date) until forty-eight (48) hours prior to the delivery time, unless your order has already been prepared for delivery. Modifications or cancellations can be made via the order review page. Note that if you modify an order the price will be changed to reflect any products you added or removed from your order and the prices applicable at the time of your modification. If you change the delivery date, we may not be able to guarantee the availability of your desired items. If you cancel an order (that has not already been prepared for delivery) less than forty-eight (48) hours prior to the delivery time, you will be charged a cancellation fee of $7.50 and a restocking fee equal to 25% of the total dollar amount of your order (excluding delivery fees, shipping and taxes).

Substitutions

Although our goal is to fulfill 100% of each order, from time to time some products may be unavailable due to market conditions beyond our control. If you have enabled substitutions on your order, we may substitute an item that is similar to an unavailable item you ordered. If we are unable to fulfill your entire order we will make every reasonable effort to contact you prior to making a substitution. If you are not happy with the replacement, please contact us.

Credit and Debit Cards; Billing

A credit or debit card will be required for all orders made through the Site. You authorize Glycom to charge you for all products or services purchased by you through the Site, plus applicable taxes and fees, to the payment method you provide. “Charge” shall indicate either a charge or a debit, as applicable, against your payment method. If you request a purchase on a recurring basis, you acknowledge that the applicable prices will be those in effect on the date the recurring order is fulfilled and agree that Glycom may automatically charge the payment method you have provided at the regular intervals you have designated, unless and until you cancel by logging into your Glycom account and cancelling your subscription. Glycom may change the price of any subscribed product or service at any time in its sole discretion. You represent that you have the legal right to use any payment method that you submit to Glycom. We are unable to accept food stamps or third‑party coupons at this time for purchases through the Site.

Your credit or debit card will be charged for your order on the day your order is delivered to a carrier. In addition, at the time your order is placed we will authorize your credit or debit card for an amount equal to 100% of the total of the items in your order. If a credit or debit card authorization expires prior to the delivery of your order to a carrier, we may request another authorization for the same amount. We will not process orders that attempt to use an incorrect, expired, or over-the-limit credit or debit card. We will attempt to contact you if this occurs. However, in the event such an order is processed, we reserve the right to collect funds for any uncollected transactions owed to us.

We may charge a fee of $4.99 per order should a payment made via credit or debit card be declined, but we will attempt to contact you and change the payment method first. If you fail to pay any fees or charges when due or if a redelivery fee, cancellation fee or restocking fee is imposed, we may charge such amount directly to the credit or debit card connected to your account and we may suspend or terminate your access to our delivery service. You shall be responsible and liable for any fees, including attorneys’ fees and collection costs, that we may incur in our efforts to collect any unpaid balances from you. Your right to use our delivery service is subject to limits established by us and/or by your credit or debit card issuer.

Reservation of Rights.

All orders placed through the Site are subject to Glycom’s acceptance. Glycom may require verification of information prior to the acceptance and/or fulfillment of any order. Your receipt of an order confirmation does not signify Glycom’s acceptance of your order. Glycom reserves the right at any time after receipt of your order to accept or decline it for any or no reason and without liability to you or anyone else. If your method of payment has already been charged for an order that Glycom later cancels, Glycom will issue you a refund. We reserve the right to limit your order or the quantity of a particular product that you may order.

Delivery Terms.

Requirements and Fees

You or an alternate receiver must be present during your selected delivery window. If not, your items will be left at the front door. We will not be liable for items after they are delivered. If we are unable to deliver an order for any reason, we will use reasonable efforts to contact you and reschedule delivery (a $7.50 redelivery fee applies) for the next day. If we are still unable to deliver the order to you for any reason, the order will be cancelled and you will be charged a cancellation fee of $7.50 plus a restocking fee equal to 25% of the total dollar amount of your order (excluding delivery fees, shipping and taxes).

A delivery fee may be added to your order. Any such fee is not a gratuity for the individual who delivers or is otherwise involved with the delivery of your order and will not be given to any such individual as a gratuity. You are under no obligation to tip anyone involved with the delivery of your order. We aim to deliver your goods within the delivery window you selected when placing your order, but do not guarantee that goods will be delivered on or by a certain time or date, as applicable. We will not be liable for delivering the goods outside of the requested delivery window.

Shipping Areas

We ship to all states in the United States and to APO / FPO military addresses (which may be subject to additional restrictions). We reserve the right to cancel any orders in violation of applicable restrictions.

Delivery, Title & Risk of Loss

All Products purchased from Glycom are made pursuant to contracts with our carriers. That means that (1) delivery of products to you is made upon our delivery to the carrier, which occurs in the United States of America (FCA – unspecified warehouse, Incoterms 2010), and (2) risk of loss and title for the products purchased pass to you upon our delivery to the carrier.

Errors on the Site. Glycom seeks to ensure that the information on the Site is accurate, current and complete. However, there may be instances when information about a Glycom product or service contains inaccurate or incomplete information, such as information about the product pricing or availability. Glycom does not warrant or guarantee that the information on the Site is error free, complete or current. Glycom reserves the right to correct errors and/or to update the content or information on the Site at any time without notice or liability. Glycom will be under no obligation to honor any erroneous price posted on the Site.

Consent to E mail Communication. When you create a user account using the Site or send an email to us, or otherwise electronically request that we contact you, you are communicating with us electronically. You consent to receive communications from us electronically, and agree that we may communicate with you by e mail or by posting notices on the Site.

Health and Wellness Content. All content (including product information and health information) provided in the Site, is for educational purposes only. Such content is intended to supplement, not substitute for, the diagnosis, treatment and advice of a medical professional. Such content does not cover all possible uses, precautions, side effects and interactions, and should not be construed to indicate that any product or health program is safe for you. Talk to your healthcare provider (doctor and/or pharmacist) before using any of our products. Proper treatment of any condition depends on a variety of personal health factors, and can best be assessed by a healthcare provider. In addition, before administering or using any products, check the product information (including package inserts) regarding dosage, precautions, warnings, interactions and contraindications. Consult your medical professional for guidance before changing or undertaking a new diet or exercise program. Advance consultation with your physician is particularly important if you are under 18 years of age, pregnant, nursing or have health problems.

The content of on the Site is offered on an informational basis only. No content is intended to be a substitute for professional medical advice, diagnosis or treatment. The products that are offered on the Site are not intended to diagnose, treat, cure or prevent any disease.

You should always seek the advice and guidance of a competent and qualified health professional before:

  1. Making any adjustment to any medication or treatment you are currently using.
  2. Stopping any medication or treatment you are currently using.
  3. Starting any new medication or treatment, whether or not it was discussed in material received on the Site.

Any recommendations on the Site are offered only as “general information” and not as specifically applicable to any individual’s medical condition, problem(s), concerns and/or needs.

If you think you may have a medical emergency, call your doctor or your local health emergency service immediately. If you choose to utilize any information provided on the Site, you do so solely at your own risk.

DISCLAIMER AND LIMITATION OF LIABILITY.

YOU ARE SOLELY RESPONSIBLE FOR THE PROPER AND SAFE HANDLING, USE, STORAGE AND CONSUMPTION OF THE PRODUCTS YOU RECEIVE FROM US. YOU ARE ALSO SOLELY RESPONSIBLE FOR KNOWING ABOUT ANY FOOD ALLERGIES YOU MAY HAVE AND VERIFYING THE PRODUCTS AND THEIR CONTENTS BEFORE HANDLING, PREPARING, USING OR CONSUMING SUCH PRODUCTS.

TO THE EXTENT PERMITTED BY APPLICABLE LAW, GLYCOM IS NOT RESPONSIBLE FOR THE CONSEQUENCES OF, OR RELIANCE ON, ANY MATERIALS (INCLUDING THIRD PARTY MATERIALS) AVAILABLE THROUGH OR SUBMITTED TO THE SITE, OR ANY PRODUCTS OR SERVICES AVAILABLE THROUGH THE SITE, AND THE RISK OF DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. USE OF THE SITE IS ENTIRELY AT YOUR OWN RISK. THE SITE AND ALL MATERIALS, PRODUCTS AND SERVICES ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. YOU AGREE THAT GLYCOM SHALL NOT BE LIABLE OR RESPONSIBLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL OR INCIDENTAL DAMAGES (INCLUDING LOST PROFITS, AND DAMAGES THAT RESULT FROM INCONVENIENCE, DELAY OR LOSS OF USE OF SUCH MATERIALS, PRODUCTS OR SERVICES) ARISING OUT OF USE OF, OR INABILITY TO USE, THE SERVICE OR SUCH MATERIALS, PRODUCTS OR SERVICES, EVEN IF GLYCOM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.

WITHOUT LIMITING THE FOREGOING, THE MAXIMUM AGGREGATE LIABILITY OF GLYCOM (WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY) ASSOCIATED WITH ANY CLAIM ARISING FROM THE SITE, PRODUCTS OR SERVICES, FOR ANY REASON WHATSOEVER, SHALL BE LIMITED TO THE GREATER OF THE PRICE YOU PAID FOR THE PRODUCT FOR WHICH THE CLAIM IS BASED ON. THE LAWS OF CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. IF SUCH LAWS APPLY TO SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS, THEN CERTAIN SUCH DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE CERTAIN ADDITIONAL RIGHTS.

Indemnity. You agree to defend, indemnify and hold Glycom and its officers, directors, employees, agents, and affiliates harmless from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs and expenses (including reasonable attorneys’ fees and litigation expenses) relating to or arising from (a) your access to or use of the Site, any materials (including Third Party Materials), or products or services available through the Site, (b) any of your Submissions, or (c) any violation or alleged violation by you of any provision of these Terms.

Applicable Law; Disputes. You agree that the laws of the State of Louisiana, without regard to principles of conflict of laws, will govern these Terms and any dispute of any sort that might arise between you and Glycom. Any action or proceeding relating to or arising from these Terms or your use of the Site must be brought in the state or federal courts located in the State of Louisiana, and you consent to the exclusive personal jurisdiction of such courts.

Copyright Infringement Claims. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that material available on the Site infringes your copyright, you (or your agent) may send to Glycom a written notice by mail, e mail or fax, requesting that Glycom remove such material or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send to Glycom a counter notice. Notices and counter‑notices must meet the then current statutory requirements imposed by the DMCA. See copyright.gov for details. Notices and counter notices must be sent in writing to Glycom. We suggest that you consult your legal advisor before filing a DMCA notice or counter‑ notice.

Termination. These Terms are effective until terminated or modified by Glycom. We may terminate or suspend your use of the Site at any time and without prior notice, including if we believe that you have violated or acted inconsistently with the letter or spirit of these Terms. Upon any such termination or suspension, your right to use the Site will immediately cease and Glycom may, without liability to you or any third party, immediately deactivate or delete your user name, password and account, and all associated materials, without any obligation to provide any further access to such materials.

Export Controls. You are responsible for complying with United States export controls and for any violation of such controls, including any United States embargoes or other federal rules and regulations restricting exports. You represent, warrant and covenant that you are not (a) located in, or a resident or a national of, any country subject to a U.S. government embargo or other restriction, or that has been designated by the U.S. government as a “terrorist supporting” country; (b) on any of the U.S. government lists of restricted end users.

Miscellaneous. These Terms do not, and shall not be construed to, create any partnership, joint venture, employer employee, agency or franchisor franchisee relationship between you and Glycom. If any provision of these Terms is found to be unlawful, void or for any reason unenforceable, that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provision. You may not assign, transfer or sublicense any or all of your rights or obligations under these Terms without our express prior written consent. We may assign, transfer or sublicense any or all of our rights or obligations under these Terms without restriction. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is for convenience only, and in no way defines or explains any section or provision. All terms defined in the singular shall have the same meanings when used in the plural, where appropriate and unless otherwise specified. Any use of the term “including” or variations thereof in these Terms shall be construed as if followed by the phrase “without limitation.” These Terms, including any terms and conditions incorporated herein, are the entire agreement between you and Glycom relating to the subject matter hereof, and supersede any and all prior or contemporaneous written or oral agreements or understandings between you and Glycom relating to such subject matter. Notices to you (including notices of changes to these Terms) may be made via posting to the Site or by e mail (including in each case via links), or by regular mail. Without limitation, a printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Glycom will not be responsible for any failure to fulfill any obligation due to any cause beyond its control.

Contact Us. Please let us know if you have any questions about, or would like a copy of, our Terms. A copy will be provided to you free of charge. Simply contact us.

Effective Date. This notice is effective as of 30 September 2018.