Conditions of use

Terms of Use

Important!

Updated: September 1, 2013
These Terms of Use are a binding agreement between you (“the visitor”) and Max Capital Realty. The terms governs your access and use of the website (herein refer to “the Site”), which includes any information, data, tools, products, services and other content (together, ” Content” ) available on or through the Site.

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE ENTERING THE SITE. EACH TIME YOU ENTER THE SITE, YOUR USE INDICATES YOUR FULL ACCEPTANCE OF AND AGREEMENT TO ABIDE BY THESE TERMS OF USE IN THEIR THEN CURRENT FORM. IF YOU DO NOT ACCEPT THE TERMS AND CONDITIONS STATED IN THESE TERMS OF USE, PLEASE EXIT THE SITE.

As we may revise the terms of use from time to time, you should review them periodically when you visit the Site.

Max Capital Realty grants you a limited right to use the Site only for your own private, non-commercial informational purposes only, and to print pages from the Site only in connection with that use. You may not modify, distribute, transmit, perform, reproduce, publish, license, create derivative works from, transfer or sell any Content, including any text, graphics, logos and other source-identifying symbols, designs, icons, images, or other information, software or code obtained from the Site. You are prohibited from removing any copyright, trademark or other proprietary notice or legend contained on (or printed from) the Site or on any printed pages. In addition, you are prohibited from decomposing, decompiling, reverse engineering, disassembling or otherwise deconstructing all or any portion of the Site.

Medical Advice Disclaimer

NO INFORMATION IN THIS SITE IS PROVIDED WITH THE INTENTION TO GIVE MEDICAL ADVICE OR INSTRUCTIONS ON THE ACCURATE USE OF MAX CAPITAL REALTY PRODUCTS. MAX CAPITAL REALTY CANNOT ANSWER UNSOLICITED E-MAILS REQUESTING PERSONAL MEDICAL ADVICE.

VISITORS SHOULD ALWAYS CONSULT A HEALTHCARE PROFESSIONAL PRIOR TO MAKING ANY DECISIONS, OR UNDERTAKING ANY ACTIONS OR NOT UNDERTAKING ANY ACTIONS RELATED TO ANY HEALTH CARE PROBLEM OR ISSUE YOU MIGHT HAVE AT ANY TIME, NOW OR IN THE FUTURE.

Privacy Policy

Max Capital Realty Privacy Policy is a part of these Terms of Use. Use of this Site indicates your consent to the collection and use of this information as set forth in the Privacy Policy.

Copyrights

The Site and the Content are protected by one or more copyrights, patents, database rights, trademarks, service marks and/or other intellectual property and proprietary rights that are owned by Max Capital Realty, its partners and/or third parties. You should assume that all contents of the Site are copyrighted unless otherwise noted and may not be used except as provided herein and without the express written permission of Max Capital Realty. Except as expressly provide above, nothing contained herein shall be construed as conferring any license or right under any Max Capital Realty copyright.

Trademarks

All product names, logos, and service marks displayed on the Site that are identified by © copyright, ® registered trademark, ™ trademark, or similar; appearing in type form different from that of the surrounding text (collectively, the ” Trademarks” ) are registered or unregistered trademarks owned by or licensed to Max Capital Realty or our partners, unless otherwise identified as being owned by another entity. Nothing contained herein shall be construed as conferring by implication, estoppel, or otherwise any license or right, either express or implied, under any patent or Trademark of Max Capital Realty or any third party. No use of any Trademark may be made without our prior written authorization, except to identify the product or services of the company.

User Responsibility

Each person assumes full responsibility and all risks arising from use of the Site.

IN NO EVENT SHALL ANY OF MAX CAPITAL REALTY, OUR PARTNERS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, INFORMATION PROVIDERS, AND LICENSORS AND THEIR RESPECTIVE HEIRS AND ASSIGNS BE LIABLE FOR ANY DAMAGES OF ANY KIND OR NATURE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, SPECIAL (INCLUDING LOSS OF PROFIT), PUNITIVE, OR OTHER DAMAGES ARISING FROM OR IN CONNECTION WITH THE EXISTENCE OR USE OF THE SITE, REGARDLESS OF WHETHER MAX CAPITAL REALTY OR ANY OF THE OTHER ENTITIES OR PERSONS LISTED ABOVE HAS BEEN ADVISED AS TO THE POSSIBILITY OF SUCH DAMAGES. THIS INCLUDES DAMAGES TO, OR FOR VIRUSES THAT INFECT YOUR COMPUTER EQUIPMENT.

IF YOU RELY ON THIS SITE OR ANY INFORMATION, PRODUCT OR SERVICE AVAILABLE THROUGH THIS SITE, YOU DO SO AT YOUR OWN RISK. THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS, INACCURACIES, AND/OR OTHER PROBLEMS WITH THE INFORMATION, PRODUCTS, AND SERVICES PUBLISHED ON OR PROMOTED OVER THIS SITE.

Without limiting the foregoing, everything on the Site is provided to you ” AS IS” AND Max Capital Realty MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND OR NATURE WITH RESPECT TO THE SITE.

MAX CAPITAL REALTY HEREBY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, CREATED BY LAW, CONTRACT OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT.

MAX CAPITAL REALTY MAKES NO REPRESENTATION OR WARRANTY THAT ACCESS TO THE SITE WILL BE AVAILABLE ON A TIMELY BASIS, WILL BE UNINTERRUPTED, OR THAT THE INFORMATION CONTAINED ON THE SITE WILL BE TIMELY OR ERROR FREE.

Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties. To the extent that Max Capital Realty may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of Max Capital Realty ‘s liability will be equal to the minimum permitted under such applicable law.

YOU AGREE TO INDEMNIFY AND HOLD HARMLESS MAX CAPITAL REALTY, ITS PARTNERSS, AGENTS, VENDORS AND LICENSORS, AND THEIR RESPECTIVE EMPLOYEES, OWNERS AND REPRESENTATIVES AGAINST ANY AND ALL CLAIMS, OF WHATEVER NATURE, THAT ARISE OUT OF ANY BREACH BY YOU OF THIS AGREEMENT OR YOUR USE OF THIS SITE, TO THE FULLEST EXTENT ALLOW BY LAW.

Proprietary Information

Any communication or material that you transmit to, or post on, this Site by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like, is, and will be treated as, non-confidential and non-proprietary information, and Max Capital Realty shall have no obligation of any kind with respect to such information. Max Capital Realty and any of our partners may use such information for any purpose whatsoever in accordance with applicable laws and regulations, including, but not limited to, the following purposes: reproduction, disclosure, transmission, publication, broadcast, and further posting. Further, we and any of our partners shall be free to use such information, including, but not limited to, any ideas, concepts, know-how, or techniques contained therein, for any purpose whatsoever, including, but not limited to, researching, developing, manufacturing, and marketing products incorporating such information. Please consult our Privacy Policy for more information.

Links to other Web sites

You are free to establish a hypertext link to this Site so long as the link does not state or imply any endorsement or sponsorship of you, your company, or your site by Max Capital Realty. Without the prior written permission of Max Capital Realty, you may not frame or scrape any of the content on the site nor incorporate into another website or other service any intellectual property of Max Capital Realty.

Links To Max Capital Realty’s Website

Max Capital Realty encourages other websites to link to this Site, provided that these links comply with the guidelines set forth herein. Links to this Site from other sites should be text-only and may not include Max Capital Realty’s logo or other intellectual property. We strictly prohibit any suggestions of Max Capital Realty endorsement or recommendation of a specific company, product, or service.

Links From Max Capital Realty’s Website

This Site may include links to other sites. These links are provided solely for purposes of convenience. Max Capital Realty is not responsible for the content or accuracy of information contained on other sites or other sites’ privacy practices. Max Capital Realty is not liable for any damages or injury arising from content contained on other sites. Links to third-party sites are not a referral or endorsement of any other entity, item, or service. You release Max Capital Realty and its partners from any damages that you may incur, and agree not to assert any claims against them, arising from your purchase or use of third-party supplied information, products and services.

Jurisdiction

These Terms, as well as any claim that might arise under these Terms, will be governed by the laws of the New South Wales. Use of this Site implies and is subject to the consent to the laws of the Australia and exclusively in the jurisdiction of the courts in the state of New South   Wales, without regard to conflict of law provisions. You agree to submit to the personal jurisdiction of the Australian courts for the purpose of litigating all such claims.

Nothing contained on the Site should be construed as solicitation or promotion for any product or for the use of any product in a way which is not authorized by the country in which the reader is physically located. This Site provides information about products or uses that may not be available in particular countries. Some of the products mentioned may in certain countries be approved or cleared by regulatory authorities for sale or use with different indications, dosages, and restrictions.

Forward-Looking Statements

This Site contains information that is forward-looking and involves risks and uncertainties, including, without limitation, risks and uncertainties of research and development, clinical development, regulatory approvals and the regulatory process, our reliance on third-party manufacturers, product commercialization, competition, patents, product liability, and third party reimbursement, and other risks and uncertainties detailed from time to time in our periodic reports filed with the Securities and Exchange Commission. Actual results may differ materially from such forward-looking information.

Reservation of Rights

Max Capital Realty reserves the right to alter or delete material from this Site at any time without notice. Please check often for updates, as we reserve the right, in our sole discretion, to modify these Terms of Use at any time, and your use of the Site indicates your acceptance of any revisions to these terms.

Max Capital Realty’s failure to enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is unlawful, void, or unenforceable, then it shall be severed and shall not affect the validity and enforceability of any Terms of Use. If any provision of these Terms of Use is held to be invalid or unenforceable in any jurisdiction, such provision shall be deemed modified to the minimum extent necessary so that such provision shall no longer be held to be invalid or unenforceable, and these Terms of Use shall be interpreted so as to achieve the intent expressed herein to the greatest extent possible in the jurisdiction in question. Any such modification, invalidity or unenforceability shall be strictly limited both to such provision and to such jurisdiction.

Max Capital Realty may assign its ownership, control, or other rights to any party at any time without any notice to you. Your rights and duties cannot be assigned without Max Capital Realty’s written consent. Nothing in these Terms of Use provides any third party with any remedy, claim, or cause of action.

Dispute Resolution

Visitors must contact Max Capital Realty to resolve any disputes that arise from use of this Site.

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