Limited Terms of Use

These Limited Terms of Use ("Terms of Use") apply to all users of the Nextcell Medical ("Nextcell") website found at www.nextcellmedical.com (the "Site"). The Site may provide you with the ability to purchase Nextcell's products (the "Products")

These Terms of Use are a binding legal contract between you and Nextcell that sets forth your rights and obligations with respect to the Site and the Products, including important limitations and exclusions. These Terms of Use include (1) terms governing your use of the Site, and (2) additional terms governing your purchase(s) of the Products, as set forth in Section 15 ("Terms of Sale"). In addition to these Terms of Use, your use of the Site also is subject to the Nextcell privacy policy, which is available at www.nextcellmedical.com/privacy-policy ("Privacy Policy").

  1. LEGALLY BINDING AGREEMENT. Please read these Terms of Use carefully before accessing or using the Site. By using this Site and/or by selecting the applicable "I agree" button, checkbox or other similar indication during the registration process, you expressly agree to be bound by the terms and conditions herein, as of that date (the "Effective Date"). Your use of the Site is always subject to these Terms of Use. If you do not agree to these Terms of Use, you may not use the Site. You agree that your use of the Site always will be subject to the most current version of these Terms of Use at the time of such use. The Site is intended for use only by users who are at least 18 years of age.

  2. EXCLUSIVITY TO THE SITE. These Terms of Use apply only to your use of the Site. Nextcell or its affiliated companies may have other terms of use and privacy policies governing the services provided and information collected via other web sites. Some third party web sites or other third party resources may be linked to or embedded in the Site ("Affiliate Sites"). These Affiliate Sites may have their own terms of use and privacy policies, which Nextcell does not control and are not addressed by these Terms of Use. Nextcell does not monitor, endorse or guarantee, and assumes no responsibility for, Affiliate Sites or any transactions or information you may undertake or receive from Affiliate Sites. NEXTCELL HAS NO CONTROL OVER AFFILIATE SITES OR THE CONTENT, TRANSACTIONS OR SERVICES WITHIN THEM. NEXTCELL CANNOT AND DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT THE CONTENT CONTAINED IN THE AFFILIATE SITES, INCLUDING OTHER LINKS, IS ACCURATE, LEGAL OR INOFFENSIVE. NEXTCELL HAS NO LIABILITY FOR AFFILIATE SITES FAILURE TO PERFORM OR ANY ERRORS IN OR OMISSIONS REGARDING ANY INFORMATION WITHIN AFFILIATE SITES. NEXTCELL DOES NOT REPRESENT OR WARRANT THAT AN AFFILIATE SITE WILL NOT CONTAIN COMPUTER VIRUSES OR OTHER HARMFUL CODE THAT COULD IMPACT YOUR COMPUTER OR OTHER WEB ACCESS DEVICE. NEXTCELL DISCLAIMS ANY AND ALL LIABILITY FOR, OR IN CONNECTION WITH, ANY TRANSACTION OR ACTIVITY RELATED TO AFFILIATE SITES. If you have a specific dispute or concern related to the content, product or services that needs to be addressed by an Affiliate Site, you should contact the Affiliate Site and not Nextcell.

  3. ACCESS CONTROLS. You are responsible for maintaining the confidentiality of your login names and passwords and you accept responsibility for all activities, charges and damages that occur under your account, to the fullest extent permitted by law. You also agree to exit completely from your account at the end of each online session. If you have reason to believe that someone is using your account without your permission, you should contact Nextcell immediately. Nextcell will not be responsible for any loss or damage resulting from your failure to notify Nextcell of unauthorized use, or loss or damage you may incur as a result of someone else using your account, either with or without your knowledge. If Nextcell requests registration information from you, you must provide Nextcell with accurate and complete information upon registration and must update the information promptly when it changes.

  4. ACCEPTABLE USE. Nextcell hereby grants you a limited, non-exclusive, non-transferable and revocable right to access and use this Site. The Site has been designed to present Content (as defined in Section 11) in a unique format and appearance. Unless Nextcell gives you permission, you agree not to access the Site using any interface other than the Nextcell interface or to download or reproduce any Content from the Site. Nextcell may deny permission to link to the Site for any reason in the sole discretion of Nextcell, and you must be able to edit or delete promptly links that you create, upon the request of Nextcell. You may not use the Site for anything other than a lawful and legitimate purpose. Regardless of the location from where the Site is used or accessed, you agree to comply with all applicable U.S. and other laws, regulations, statutes and ordinances in connection with the use of the Site. Examples of prohibited uses of the Site include, without limitation:

    1. violating any proprietary, publicity, privacy or other right;
    2. disclosing confidential or proprietary information without proper authorization;
    3. downloading or otherwise exporting programs or content from the Site in violation of U.S. export laws or intellectual property laws;
    4. transmitting, storing or knowingly receiving any obscene or pornographic material or engaging in any misleading, tortious, defamatory, libelous or offensive activity;
    5. linking to the Site from a site that Nextcell deems, in its sole discretion, to be objectionable;
    6. framing the Site, displaying the Site in connection with an unauthorized logo or mark or do anything that could falsely suggest a relationship between Nextcell and any third party or potentially deprive Nextcell of revenue (including revenue from advertising, branding or promotional activities);
    7. transmitting, collecting or accessing personally identifiable information about other users without the consent of those users and Nextcell;
    8. engaging in unauthorized spidering, "scraping" or harvesting Content, contact or other personal information, or using any other unauthorized automated means to compile information;
    9. impersonating any person or entity or otherwise misrepresenting your affiliation or the origin of materials you transmit;
    10. defeating any access controls, accessing any portion of the Site that Nextcell has not authorized you to access (including password-protected areas), linking to password-protected areas, attempting to access or use another user's account or information or allowing anyone else to use your account or access credentials; and
    11. using the Site to advertise or promote goods or services without our permission.

    In addition, you agree not to attempt to damage, deny service to, hack, crack, reverse-engineer, disrupt, attack, flood, spam or otherwise interfere in any way ("Interfere") with the operation of the Site or related information systems. If you in any way Interfere with the Site or the operation of the Site, you agree to pay all damages incurred by Nextcell and its licensors or providers, including any consequential damages, that result from the Interference. Your Interference with the Site is a material breach of these Terms of Use and relieves Nextcell of any of its contractual or other legal obligations to you, including the obligations of Nextcell (including its confidentiality obligations) under these Terms of Use or any other agreement between you and Nextcell related to this Site or the Products. Nextcell will cooperate with the authorities in prosecuting anyone who Interferes with the Site, or attempts to defraud any person through the Site or the information obtained from the Site. YOU AGREE NOT TO CIRCUMVENT, OR FACILITATE A THIRD PARTY IN THE CIRCUMVENTION OF, ANY OF THE SITE'S PRIVACY OR SECURITY MEASURES.

    You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part.

  5. MEDICAL ADVICE DISCLAIMER. Nextcell provides the Site and the services, information, content and/or data (collectively, "Information") contained therein for informational purposes only. Nextcell does not provide any medical advice on the Site, and the Information should not be construed or used as such. Nothing contained in the Site is intended to create a physician-patient relationship, to replace the services of a licensed, trained physician or health professional or to be a substitute for medical advice of a physician or trained health professional licensed in your state. You should not rely on anything contained in the Site, and you should consult a physician licensed in your state in all matters relating to your health. You hereby agree that you shall not make any health or medical related decision based in whole or in part on anything contained in the Site.

  6. USER SUBMISSIONS. Portions of the Site allow (or may allow in the future) you to submit or transmit information, text, graphics, photos, moving images, audio, video or other materials (collectively, "User Submissions") to or through the Site. When you provide User Submissions, you grant to Nextcell and its affiliates and partners a non-exclusive, worldwide, royalty-free, fully sublicenseable license to use, distribute, edit, display, archive, publish, sublicense, perform, reproduce, make available, transmit, broadcast, sell, translate and create derivative works of those User Submissions, and your name, voice, likeness and other identifying information where part of a User Submission, in any form, media, software or technology of any kind now known or developed in the future, including, without limitation, for developing, manufacturing and marketing products. You hereby waive any moral rights you may have in your User Submissions. Nextcell respects your ownership of User Submissions. If you owned a User Submission before providing it to Nextcell, you will continue owning it after providing it to Nextcell, subject to any rights granted under these Terms of Use and any access granted to others. Terminating your account on the Site will not impact any of the rights of Nextcell to any of the User Submissions. Nextcell may refuse or remove a User Submission without notice to you. However, Nextcell has no obligation to monitor User Submissions, and you agree that neither Nextcell nor its affiliates, employees or agents will be liable for User Submissions or any loss or damage resulting from User Submissions. We are not responsible, or liable to any third party, for the content or accuracy of any User Submissions posted by you or any other user of the Site. Except as provided in the Privacy Policy, Nextcell does not guarantee that User Submissions will be private, even if the User Submission is in a password-protected area. Any User Submission you post to the site will be considered non-confidential and non-proprietary. Accordingly, you should not provide User Submissions that you want protected from disclosure to others. You represent and warrant that:

    • You own or control all rights in and to the User Submissions and have the right to grant the license granted above to us and our affiliates, and each of their respective licensees, successors and assigns.
    • All of your User Submissions do and will comply with these Terms of Use.

    This Site may provide certain social media features that enable you to:

    • Link from your own or certain third-party websites to certain content on this Site.
    • Send e-mails or other communications with certain content, or links to certain content, on this Site.
    • Cause limited portions of content on this Site to be displayed or appear to be displayed on your own or certain third-party websites.

    You may use these features solely as they are provided by us, and solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:

    • Establish a link from any website that is not owned by you.
    • Cause the Site or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site.
    • Link to any part of the Site other than the homepage.
    • Otherwise take any action with respect to the materials on this Site that is inconsistent with any other provision of these Terms of Use.

    The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms of Use. You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and any links at any time without notice in our discretion.

    NOTICE: Any comments regarding our Products that may be displayed on third party websites such as Facebook are not sponsored by NextCell and do not represent official endorsements or testimonials regard our Products' quality or performance; you should not expect similar results.

  7. SUPPORT. Nextcell will endeavor to keep the Site online and available. However, difficulties with hardware, software, network connections, equipment and services may result in service interruptions. In no event will Nextcell be liable to any party for any loss, cost or damage that results from any period of down time of the Site.

  8. DISCLAIMER OF WARRANTIES. YOU EXPRESSLY UNDERSTAND AND AGREE THAT ANY AND ALL INFORMATION CONTAINED ON OR OBTAINED FROM THE SITE IS PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS. NEXTCELL DOES NOT WARRANT THAT THE PRODUCTS OR SITE (a) CONTAIN ACCURATE INFORMATION, (b) WILL BE FREE FROM BUGS, DEFECTS OR ERRORS OR ACCESSIBLE WITHOUT INTERRUPTION OR (c) WILL CONTINUE TO BE AVAILABLE, OR THAT PRODUCT OR SITE DEFECTS WILL BE CORRECTED. NEXTCELL MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, OR ANY OTHER WARRANTY, CONDITION, GUARANTY OR REPRESENTATION, WHETHER ORAL, WRITTEN OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE QUALITY, ACCURACY, USEFULNESS, TIMELINESS OR COMPLETENESS OF ANY INFORMATION PROVIDED HEREON. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.

  9. LIMITATION OF LIABILITY. YOUR USE OF THE SITE, INCLUDING ALL PURCHASES PROCESSED THROUGH THE SITE, AND THE INFORMATION THEREON IS ENTIRELY AT YOUR RISK. NEXTCELL WILL NOT BE RESPONSIBLE FOR ANY DIRECT OR INDIRECT, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES OR LOSSES YOU MAY INCUR IN CONNECTION WITH THE SITE, YOUR USE THEREOF OR ANY OF THE USER SUBMISSIONS, INFORMATION, DATA OR OTHER MATERIAL TRANSMITTED THROUGH OR RESIDING ON THE SITE, OR ANY ERRORS, DEFECTS, INTERRUPTIONS, DELETIONS OR LOSSES RESULTING THEREFROM, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF NEXTCELL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS. THE AGGREGATE LIABILITY OF NEXTCELL FOR ALL CLAIMS AND DAMAGES RELATED TO THIS AGREEMENT, WHETHER BASED ON AN ACTION IN CONTRACT, EQUITY, NEGLIGENCE, TORT OR OTHER THEORY, WILL NOT EXCEED $100. TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU HEREBY RELEASE AND FOREVER WAIVE ANY AND ALL CLAIMS YOU MAY HAVE AGAINST NEXTCELL FROM LOSSES OR DAMAGES YOU SUSTAIN IN CONNECTION WITH YOUR USE OF THE SITE. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542 WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR." Some states do not allow the foregoing limitations of liability, so they may not apply to you.

  10. CHANGES TO TERMS OF USE. Nextcell may change these Terms of Use from time to time. If Nextcell makes any change to these Terms of Use, Nextcell will notify you of the change in these Terms of Use by sending you an email message to the email address you most recently provided to Nextcell, by providing you with the updated Terms of Use for your acceptance as described in Section 1, and/or by posting an updated version of the Terms of Use on the Site. Upon accessing the Site after notification or publication or a revised Terms of Use, you accept these Terms of Use as modified by continuing to use the Site. You can always find the current version of these Terms of Use by checking www.nextcellmedical.com/terms-of-use. You should do so frequently.

  11. COPYRIGHT. Nextcell retains all rights with respect to the Site. Except as otherwise provided in Section 6 with respect to User Submissions, all content included or available in connection with the Site, including text, pictures, graphics, logos, images, works of authorship, computer code, look and feel, trade dress, technical information, animations, and other content, as well as available features or services discussed, referenced, provided or offered through or on the Site (collectively with all information and material about Nextcell and its Products, "Content") and the selection and arrangement thereof, are the sole and exclusive property of Nextcell or its licensors. However, you are free to view, copy, print and distribute the Content as long as:

    • The Content is used for personal, non-commercial purposes only; and
    • Copies of the Content include all applicable copyright notices.

    Except as specified above, nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any patent, trademark or copyright of Nextcell or any third party.

    THE CONTENT RELATED TO NEXTCELL IS THE PROPRIETARY PROPERTY OF NEXTCELL, OR NEXTCELL LICENSORS, AND IS PROTECTED BY U.S. AND INTERNATIONAL COPYRIGHT AND OTHER INTELLECTUAL PROPERTY LAWS. EXCEPT AS SPECIFICALLY PERMITTED HEREIN, YOU AGREE NOT TO DUPLICATE, TRANSLATE, PUBLISH, DISTRIBUTE, PERFORM, DISPLAY, MODIFY, EXTRACT DATA FROM OR OTHERWISE EXPLOIT ANY OF THE CONTENT. YOU AGREE NOT TO FRAME, OR ASSIST THIRD PARTIES IN FRAMING OR LINK INTO ANY OF THE WEB PAGES CONTAINED ON THE SITE WITHOUT THE EXPRESS WRITTEN PERMISSION OF NEXTCELL. SUCH FRAMING OR LINKING IS STRICTLY PROHIBITED UNDER THESE TERMS OF USE.

    All Content is: Copyright © 2014 Nextcell or its licensors. All rights reserved.

  12. TRADEMARKS. The trade name, logos, emblems, insignia, names of Products and the trademarks of Nextcell ("Trademarks") are the intellectual property of Nextcell. The Trademarks and other logos and trademarks that appear throughout the Site belong to Nextcell its affiliates or third party trademark owners, and are protected by U.S. and international trademark laws. Without the express prior written permission of Nextcell, you agree not to display or use in any manner the Trademarks. The domain name for this Site, all page headers, custom graphics, and button icons are service marks, trademarks, logos or trade dress of Nextcell. Nothing on the Site shall be construed as conferring any license or other rights under the intellectual property or other proprietary rights of Nextcell, its affiliates or licensors or any third party, whether by estoppel, implication or otherwise. The names of actual companies and products listed on the Site may be the intellectual property of their respective owners.

  13. SITE ACCESS AND ACCOUNT DELETION. Nextcell may take any of the following actions in its sole discretion at any time and for any reason without giving you prior notice: (a) restricting or terminating your access to the Site; (b) changing or discontinuing the Site; (c) deactivating your accounts and deleting all related information and files in your accounts; or (d) providing information concerning you and your activities to comply with applicable laws, to respond to court orders, subpoenas or other lawful requests, to protect your safety or that of another person, to protect the security of the Site, as otherwise described in the Privacy Policy, and/or for other lawful purposes. Nextcell will not be liable to you or any third party for taking any of these actions and Nextcell will not be limited to the remedies above if you violate these Terms of Use. If you do not agree to these Terms of Use, you should immediately stop using the Site. If you want to delete your account, please use contact instructions posted on the Site. These Terms of Use will survive any termination of your access to the Site, whether Nextcell terminates your access or you voluntarily discontinue your use.

  14. MOBILE DEVICE TERMS. The following terms apply to persons accessing this Site through a mobile device:

    • Your wireless provider may charge for use of this Site, including fees for receipt of text messages or data transmission. These fees are not charged by Nextcell, and you should contact your wireless provider to determine what fees, if any, will be charged.
    • You may not transfer or copy, without permission, any Content from the wireless device on which you originally received Content to any other device, including, without limitation, any computer or another wireless device.
  15. TERMS OF SALE.

    1. Purchasing Products Online. If you purchase Products, you agree to pay the applicable charges for the Products as they become due, plus all related taxes, and to reimburse us, our payment affiliates or providers of Nextcell, as applicable, for all collection costs and interest for any overdue amounts. Please note that prices and charges for Products are subject to change with notice.

    2. Payment Methods. Nextcell allows you to make your purchases using any of the payment methods described below (each a "Payment Method"). Please read our policies carefully with respect to Payment Methods before you place your order. You may pay by credit, debit or check card. When you provide Nextcell with your card information, Nextcell may obtain a pre-approval from the card company for the amount of the order, which may result in a corresponding block on some or all of your available credit while the pre-approval remains in place. Once your order has been accepted by the Site, Nextcell will bill your credit card or process a transaction under your debit or check card for the applicable Product in accordance with the billing terms for such Product.

      Nextcell accepts American Express, MasterCard, and Visa branded payment cards with a billing address within the United States. Debit cards and check cards have daily spending limits that may delay the processing of your order. The Site requires the credit, debit or check card security code of your card for any online purchase to protect against the unauthorized use of your credit card by other persons. The security code is an individual three or four digit number specific to your card that may be printed on the face of your card above the embossed account number (American Express), or on the signature panel on the back of your card (Visa or MasterCard). You represent and warrant that you have the right and are authorized to use the credit, debit or check card you present to purchase the Products and that the billing and related information you provide is accurate and truthful. If for any reason you have not authorized charges to be made to your credit, debit or check card, or your credit, debit or check card issuer does not pay Nextcell for charges, Nextcell reserves the right to immediately suspend or terminate the Product order.

    3. Pricing, Taxes, Pricing Errors. Prices offered on the Site are quoted in U.S. Dollars. Such prices may not include sales taxes where applicable. You are responsible for any state and local sales or use taxes that may apply to your order, which will be added to your total invoice price during the checkout process. If the amount you pay for an item is incorrect, regardless of whether it is an error in a price posted on this Site or otherwise communicated to you, then we reserve the right, at our sole discretion, to cancel your order and refund to you the amount that you paid, regardless of how the error occurred.

    4. Absence of Warranty. Nextcell attempts to describe and display the Products offered on the Site as accurately as possible. However, Nextcell does not warrant that such descriptions or other content on the Site are completely accurate, complete, reliable, current or error-free.

    5. Payment Disputes. If you dispute any charge for purchases of Products on the Site, you must notify Nextcell of your dispute in writing within thirty (30) days of any such charge. Failure to so notify Nextcell shall result in the waiver by you of any claim relating to such disputed charge. Charges shall be calculated solely based on records maintained by Nextcell.

    6. Return Policy. Nextcell offers returns on unused or unopened Products purchased through www.nextcellmedical.com for a complete refund, excluding shipping and handling fees, within 30 days of the original purchase date. Unfortunately, we cannot accept returns for products that were not purchased through www.nextcellmedical.com.

  16. REMEDIES AND CORRECTIVE ACTION. Nextcell reserves the right to take any or all action it may deem appropriate in its sole discretion with respect to violations or enforcement of these Terms of Use, and expressly reserves all rights and remedies available to Nextcell at law or in equity. Subject to obligations of Nextcell under a user agreement, Nextcell reserves the right to prevent access to the Site to you or any other user for any reason, at any time, at the reasonable discretion of Nextcell.

  17. GOVERNING LAW. These Terms of Use shall, for all purposes, be construed, governed by and enforced solely and exclusively in accordance with the laws of the State of Pennsylvania, without giving effect to its conflict of law provisions or your actual state of residence. You hereby agree that the courts located in the State of Pennsylvania will constitute the sole and exclusive forum for the resolution of any and all disputes arising out of or in connection with these Terms of Use and you hereby irrevocably consent to the personal jurisdiction and venue of such courts and irrevocably waive any objections thereto. You hereby irrevocably consent to service of process for all actions in such courts. Regardless of any statute or law to the contrary, you must file any claim or action related to use of the Site or these Terms of Use within one year after such claim or action accrued. Otherwise, you will waive the claim or action.

  18. NOTICE. Nextcell may be required by state or federal law to notify you of certain events. You hereby acknowledge and agree that such notices will be effective upon Nextcell posting them on the Site or delivering them to you via email. You may update your email address by visiting the Site. If you do not provide Nextcell with accurate information, Nextcell will not be responsible for failure to notify you.

  19. SEVERABILITY AND WAIVER. If any provision of these Terms of Use is held to be invalid or unenforceable, the remainder of these Terms of Use will continue to be valid and enforceable to the maximum extent allowed under applicable law. The failure of Nextcell to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches.

  20. INDEMNIFICATION. You acknowledge that Nextcell does not endorse, or act in a representative capacity and is not responsible or liable for or on behalf of you, any Affiliate Site, other user or other third party. To the maximum extent allowed by applicable law, you agree to defend, indemnify and hold harmless Nextcell, its subsidiaries, affiliates, agents, representatives, and licensors, from and against all suits, proceedings, losses, liabilities and expenses, including attorneys' fees, whether in tort, contract or otherwise, which arise out of or relate to your breach of any term, acknowledgement or warranty in these Terms of Use or any activity by you in relation to the Site, the Products, User Submissions or use of the Content.

  21. NOTICE AND TAKEDOWN PROCEDURES; PROHIBITED USE. You agree to respect the intellectual property rights and other rights of Nextcell and third parties. If you believe that any User Submission or any Content on the Site infringes your copyright or that of any third party or is defamatory, please notify our designated agent in accordance with Nextcell's Notice Procedure for Making Claims of Copyright Infringement in Section 22 below. After receiving notice, Nextcell may remove or disable access to any infringing or defamatory material. As further described in Section 13 above, Nextcell has the right to terminate any account or right of access at any time, including for infringement of Nextcell's or another party's rights.

  22. PROCEDURE FOR MAKING CLAIM OF COPYRIGHT INFRINGEMENT. If you believe that your work has been copied in a way that constitutes copyright infringement, you should send written notification thereof, in accordance with the provisions of the Digital Millennium Copyright Act (the "Notification"), to our Designated Agent, who can be reached as follows:

    DMCA Designated Agent:

    Name: Haley Stutz
    Phone: +1 412 661 1323
    Fax: +1 412 661 1496
    Email: hstutz@nextcellmedical.com

    Nextcell:
    5830 Ellsworth Avenue, Suite 303, Pittsburgh, PA 15232

    All of the content included in this site is subject to the copyright laws of the United States and other applicable jurisdictions and Nextcell or its suppliers owns all the copyright rights associated with this content. All rights reserved. Pursuant to Title 17, United States Code, Section 512(c)(2), notification of claimed copyright infringement should be sent to the Designated Agent listed above. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL NOT RECEIVE A RESPONSE. ALL OTHER INQUIRIES NOT COPYRIGHT RELATED, SUCH AS REQUESTS FOR PRODUCT INFORMATION, EMPLOYMENT, ETC. MUST BE SENT TO THE FOLLOWING CONTACT: info@nextcellmedical.com.

    Pursuant to 17 U.S.C. § 512(c), to be effective, a Notification regarding claims of copyright infringement must include the following:

    1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

    2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.

    3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Nextcell to locate the material.

    4. Information reasonably sufficient to permit Nextcell to contact the complaining party, such as an address, telephone number, and, if available, an email address.

    5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.

    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 of an exclusive right that is allegedly infringed.

    This process only relates to reporting a claim of copyright infringement. Messages related to other matters will not receive a response through this process.

  23. ENTIRE AGREEMENT. In addition to these Terms of Use, additional or different terms and conditions ("Other Terms") may apply in connection with certain types of available features, Content or the purchase or use of Products from Nextcell, its subsidiaries, or its affiliates. If applicable, such Other Terms will be set forth (a) in a separate agreement executed by you and Nextcell or (b) in a link adjacent to the website permitting access to such available features or Content. You should carefully review all Other Terms, as applicable, before accessing and using such available features and Content. Any such Other Terms are incorporated into and made a part of these Terms of Use by reference. In the event these Terms of Use conflict with the Other Terms, the Other Terms shall control.

  24. NO AGENCY RELATIONSHIP. Neither these Terms of Use, nor any Content, materials or features of this Site create any partnership, joint venture, employment or other agency relationship between us. You may not enter into any contract on our behalf or bind us in any way.

  25. ASSIGNMENT. You may not assign or transfer these Terms of Use directly or indirectly without the prior written consent of Nextcell. These Terms of Use are assignable by Nextcell. Any attempted assignment or delegation in violation of this Section 25 will be null and void.

  26. REFERENCES. References to and mentions of the word "including" or the phrase "e.g." mean "including, without limitation."

  27. PRIVACY POLICY. Nextcell recognizes the importance of protecting the privacy of Nextcell users and wishes to provide efficient and relevant information to users of the Site. In order to serve its customers, Nextcell collects and analyzes information provided by you when using the Site. Our Privacy Policy describes Nextcell's information practices and procedures for personal information we collect at this Site. We strongly encourage you to read our Privacy Policy, which is available at www.nextcellmedical.com/privacy-policy.

  28. HOW TO CONTACT US. If you have any questions about these Terms of Use or would like to learn more about Nextcell, please contact Nextcell at (412) 661-1323 or at info@nextcellmedical.com.

Last updated: March 4, 2014