Last Updated: November 23, 2020 

This website is provided to you by Lykan Bioscience, LLC (“Lykan,” “we,” “us,” or “our”).  By accessing and using this website made available to you by or on behalf of Lykan (“Site”) you are agreeing to be bound by these terms and conditions of use (“Terms”).

BY ACCESSING OR USING THE SITE, YOU AGREE THAT EITHER INDIVIDUALLY OR ON BEHALF OF ANY ORGANIZATION THAT YOU REPRESENT THAT YOU HAVE READ AND UNDERSTAND THESE TERMS AND OUR PRIVACY POLICY. IF YOU DO NOT AGREE WITH THESE TERMS OR OUR PRIVACY POLICY, DO NOT ACCESS OR USE THE SITE.

Changes to Terms of Use

We may change the Terms at any time. All changes will be effective immediately upon posting to our Site. Using our Site after changes are posted constitutes your agreement with those changes. Material changes will be conspicuously posted on our Site or we will inform you by direct email.

Privacy Policy. We may collect certain information about you and about your use of the Site as described in our Privacy Policy, which is incorporated into these Terms.  The Privacy Policy describes our information collection, use, and sharing practices.  If you do not agree to our collection, use or disclosure of your Personal Information (as defined in our Privacy Policy), do not access or use the Site or send us Personal Information.  In the event of conflict between these Terms and the Privacy Policy, the Privacy Policy shall control.

Content.  The Site, including its text, audio, video, graphics, charts, photographs, interfaces, icons, software, computer code, data, trademarks, logos, slogans, documentation, other components and content, and the design, selection, and arrangement of content, and all intellectual property rights in the foregoing (collectively, the “Content”) are exclusively the property of Lykan or, as applicable, its vendors or licensors.  Except for the rights expressly granted to you in the next section, Lykan reserves all other rights in and to the Site and Content, including all intellectual property rights.

Use Rights.  You may only use the Site or Content for your personal, non-exclusive use in the United States, so long as you comply with these Terms, the Privacy Policy, all other terms posted throughout the Site as applicable to you (if any), and all applicable laws.  You may only use the Site and the Content for their intended purposes for which they are made available to you by Lykan.

Use of Marks.  Lykan owns certain trademarks, names, logos, insignia, or service marks (“Marks”).  You do not have the right to use any Marks except as expressly agreed to in writing by Lykan.  In addition, the Site may contain third-party marks and third-party copyrighted materials, which are the property of their respective owners.  Nothing in these Terms grants to you any rights in or to those third-party marks or materials without such third-party’s consent.

Intellectual Property Rights. The Site and Content are protected by copyright, trademark, and other intellectual property laws. Any unauthorized use of any trademarks, trade dress, copyrighted materials, or any other intellectual property belonging to Lykan or any third party is strictly prohibited and may be prosecuted to the fullest extent of the law. The Site may contain references to third-party marks and copies of third-party copyrighted materials, which are the property of their respective owners.

Copyright © 2021 Lykan Bioscience, LLC. All rights reserved.

Career Opportunities. The Site may allow you to upload a resume and other materials in connection with posted career opportunities at Lykan. You will not upload a resume or any other materials for any person other than yourself. You warrant that all information contained in any resume or other materials you provide is current, accurate, and complete. Your submission of a resume or other materials does not in any way require Lykan to review those materials or consider you for employment. Career opportunity descriptions on the Site are subject to change at our sole discretion without notice.

Mailing List.  When you submit your email address in order to receive our mailing list, you are consenting to us sending you our mailings via newsletters.  You may opt-out of receiving such mailings by clicking the “UNSUBSCRIBE” link in the applicable email.  Unsubscribing from marketing emails may not unsubscribe you from receiving all emails from Lykan, such as emails about services purchased with Lykan.

Services & Capabilities. Advertised services available and offered by Lykan may change at any time without notice to you. Some services may not be available in certain areas. Nothing on this Site constitutes an offer, but an invitation for you to review and understand the services and capabilities offered by Lykan.

Feedback and Other Content Submitted By You.  If you submit comments or feedback to us regarding the Site or its Content, or any other comments, questions, requests, content or information that is not Personal Information (“Feedback”), we may use any comments and feedback that you send us in our discretion and without attribution or compensation to you.

Viruses.  You must use up-to-date, commercially standard, anti-virus software on any computer or device used by you to access the Site.  We are not liable for any virus you might receive from our Site or links on our Site, and you access our Site at your sole risk.

Restrictions on Your Use of the Site.

  • You may download and print one copy of the Site’s visible content for your own internal use as long as you do not modify or delete any copyright, trademark, or other proprietary notices
  • You may not otherwise copy, reproduce, display, duplicate, sell, publish, post, license, rent, distribute, modify, translate, adapt, reverse-engineer, or create derivative works of the Site or any part of the Site without the prior written consent of Lykan
  • You may not use the Site for unlawful purposes
  • You may not access, use, or copy any portion of the Site, including any of its content, through the use of indexing agents, spiders, scrapers, bots, web crawlers, or other automated devices or mechanisms. You may not use the Site to post or transmit any material that contains any viruses, Trojan horses, worms, time bombs, cancelbots, malware, ransomware, adware, or other computer programming routines that may damage, interfere with, surreptitiously intercept, or expropriate any system, data, or personal information. User activities that aim to render the Site or associated services inoperable or to make their use more difficult are prohibited
  • You may not submit inaccurate information via the Site, commit fraud or falsify information in connection with your use of the Site, or act maliciously against the business interests or reputation of Lykan

Misuse of Site.  Harassment in any manner or form on our Site, including via email, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Lykan or other licensed employee, host, or representative, and other members or visitors on our Site is prohibited. You may not upload to, distribute, or otherwise publish through our Site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable that may constitute or encourage a criminal offense, violate the rights of any party or that may otherwise give rise to liability or violate any law. You may not upload commercial content on our Site or use our Site to solicit others to join or become members of any other commercial online service or other organization.

Our Posts on Social Media.  Links to Lykan’s social media pages (e.g., Twitter, LinkedIn, and Facebook) are included on the Site (“Social Media Pages”).  Because anyone may post or tag on Social Media Pages, posts do not necessarily reflect Lykan’s views.  We reserve the right to remove anything from our Social Media Pages, in our sole discretion.  We may also take steps to block users from access to our Social Media Pages who violate these Terms.  If we follow, like, favorite, share, or re-post an individual’s content on our Social Media Pages, that is not an endorsement of that third party or any service or company they represent.

Your Posts on Social Media.  We may or may not review content you and other third parties post on our Social Media Pages.  We may remove anything that we deem offensive, inappropriate or inconsistent with the vision of Lykan posted on our Social Media Pages.  We may work with third-party service providers of the Social Media Pages to block users who are being offensive, abusive, disruptive or otherwise violating these Terms or applicable laws.  We will treat all information posted to our Social Media pages as non-confidential.

NO WARRANTY.  THE SITE AND CONTENT ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND WITHOUT ANY WARRANTY OF ANY KIND.  TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LYKAN EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND WITH RESPECT TO THE SITE AND CONTENT, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM STATUTE, SUCH AS COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE IN TRADE.

 

LYKAN MAKES COMMERCIALLY REASONABLE EFFORTS TO ENSURE THAT ALL CONTENT ON THE SITE IS ACCURATE AND RELIABLE, BUT NEITHER ACCURACY NOR RELIABILITY ARE GUARANTEED.  LYKAN DOES NOT WARRANT OR GUARANTEE THE QUALITY, COMPLETENESS, TIMELINESS, OR AVAILABILITY OF THE SITE OR CONTENT.  LYKAN DOES NOT WARRANT OR GUARANTEE THAT THE SITE OR CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS IN THE SITE OR CONTENT WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKE THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL CONDITIONS OR COMPONENTS.

 

THE LAWS OF CERTAIN JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF WARRANTIES, CONDITIONS, OR LIMITATIONS OF LIABILITY. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU AND YOU MAY HAVE ADDITIONAL RIGHTS.

 

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE DO NOT WARRANT OR ENDORSE ANY THIRD-PARTY CONTENT.

 

LIMITATION OF LIABILITY.  TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL LYKAN OR ITS DIRECTORS, OFFICERS, OWNERS, EMPLOYEES, CONTRACTORS, REPRESENTATIVES, CONSULTANTS, VOLUNTEERS, AGENTS, SUPPLIERS, ATTORNEYS OR LICENSORS (TOGETHER, “LYKAN PARTY(IES)”) BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL LOSS OR DAMAGE, ARISING OUT OF OR IN CONNECTION WITH THE SITE OR CONTENT, OR YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SITE OR CONTENT, REGARDLESS OF THE FORM OF ACTION, WHETHER THE CLAIM IS BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, WARRANTY, OR OTHERWISE, AND EVEN IF A LYKAN PARTY HAS EXPRESS KNOWLEDGE OF THE POSSIBILITY OF THE LOSS OR DAMAGE.

 

YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP ACCESSING AND USING THE SITE OR CONTENT.

 

WITHOUT LIMITING THE FOREGOING, IN NO EVENT WILL THE AGGREGATE LIABILITY OF THE LYKAN PARTIES ARISING OUT OF OR IN CONNECTION WITH THE SITE OR CONTENT, OR YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SITE OR CONTENT EXCEED $100 U.S.D., EVEN IF ANY REMEDY PROVIDED FAILS OF ITS ESSENTIAL PURPOSE.

 

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

 

INDEMNIFICATION.  YOU SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS THE LYKAN PARTIES FROM AND AGAINST ALL LOSSES, CLAIMS, LIABILITIES, DEMANDS, COMPLAINTS, ACTIONS, DAMAGES, JUDGMENTS, SETTLEMENTS, FINES, PENALTIES, EXPENSES, AND COSTS (INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEYS’ FEES) THAT ARISE OUT OF OR IN CONNECTION WITH (A) YOUR VIOLATION OF APPLICABLE LAWS, (B) YOUR MISUSE OF THE SITE OR ANY CONTENT, AND (C) YOUR BREACH OF THESE TERMS OR ANY OTHER TERMS ON THE SITE.  WE RESERVE, AND YOU GRANT TO US, THE EXCLUSIVE RIGHT TO ASSUME THE DEFENSE AND CONTROL OF ANY MATTER SUBJECT TO INDEMNIFICATION BY YOU (SUBJECT TO YOUR CONTINUING INDEMNIFICATION).

 

Third-Party Websites and Content. The Site may link to, or be linked to, websites not maintained or controlled by Lykan. Those links are provided as a convenience and Lykan is not responsible for examining or evaluating the content or accuracy of, and does not warrant or endorse, any third-party website or any products or services made available through those websites. Please take care when leaving the Site to visit a third-party website. You should read the terms of use and privacy policy for each website that you visit.

The Site also contains certain third-party Content.  We provide third-party content for your convenience, not as an endorsement.  The presence of third-party Content does not mean that Lykan has reviewed the third-party Content or that there is any association between Lykan and any third party.  You access third-party Content at your sole risk.  Lykan has no responsibility for any third-party Content.  Nothing in these Terms grants you any rights to any third-party Content.

 

Terms Applicable to New Jersey Customers.  No provision in these Terms shall apply to any consumer in New Jersey if the provision limits remedies for (i) negligence, (ii) products liability claims, (iii) the punitive damages laws, (iv) the New Jersey Uniform Commercial Code, or (v) failure to reasonably protect against harm arising from certain criminal acts of third parties (e.g., computer hacking and identity theft).  The provisions of these Terms concerning the exclusion or limitation of certain damages are not applicable in New Jersey with respect to statutory damages, punitive damages, loss of data, and loss of or damage to property.  Lykan reserves all rights, defenses, and permissible limitations under the laws of New Jersey and under the laws of your state of residence.

Compliance with Laws. When you use the Site, you are responsible for complying with all applicable laws, regulations, and policies of all relevant jurisdictions, including all applicable rules regarding online conduct.

Children’s Information.  This Site is not directed at children under the age of thirteen (13) years old.  If you are under thirteen (13) years old, you must immediately stop using this Site.

Termination.  If you violate applicable laws or these Terms, you are immediately prohibited from further use of the Site or Content, and we may restrict your access to the Site or Content.  Lykan may suspend or terminate the Site or any Content, in whole or in part, at any time in its sole discretion for any reason.  Lykan shall not be liable to you or anyone else for any damages arising from or related to Lykan’s suspension or termination of your access to the Site or the Content, or in the event Lykan modifies, discontinues or restricts the availability of the Site or the Content (in whole or in part).

Site Unavailability.  Without limiting the generality of the previous section, the Site or Content may be unavailable or limited for various reasons, and we shall not be liable to you for any such unavailability, including without limitation (a) hardware, software, server, network, or telecommunications failures, (b) severe weather, war, riot, act of God, fire, earthquake, strike, labor shortage, etc., (c) regulatory restrictions and other acts of government, (d) interruptions due to utility and power companies, and (e) interruptions due to hacking or other malicious intrusion.

Governing Law.  Unless otherwise required by applicable law, these Terms, and your access to and use of the Site, are governed by the laws of the Commonwealth of Massachusetts, without regards to its conflict of laws principles.  Unless otherwise required by applicable law, venue is exclusively in the state or federal courts, as applicable, located in Boston, Massachusetts.  The parties expressly agree to the exclusive jurisdiction of those courts.  Any cause of action or other claim brought by you with respect to the Site or Content must be commenced within one (1) year after the cause of action or claim arises.

Cooperation with Law Enforcement.  Lykan will cooperate with law enforcement if you are suspected of having violated applicable laws.  YOU WAIVE AND HOLD LYKAN AND THE LYKAN PARTIES HARMLESS FOR ANY COOPERATION WITH, OR DISCLOSURE OF YOUR INFORMATION TO, LAW ENFORCEMENT RELATING TO YOUR SUSPECTED VIOLATION OF APPLICABLE LAWS.

Use in the United States.  This Site is intended for use in the United States only.  We do not guarantee that use of this Site will be available or permitted in any location other than the United States.  If you choose to access this Site from a location other than the United States, you do so at your own risk.

THE EXISTENCE OF THIS SITE OR ANY CONTENT SHALL NOT BE CONSTRUED AS LYKAN OFFERING SUCH SITE OR CONTENT TO PERSONS IN JURISDICTIONS WHERE THE PROVISION OF SUCH SITE OR CONTENT IS PROHIBITED BY LAW.

Linking to the Site.  You are prohibited from linking to this Site on your website or elsewhere without the prior express written consent of Lykan.  If Lykan grants you a right to link to this Site, certain terms may apply, and Lykan reserves the right to revoke such consent at any time.  You are responsible for any costs incurred by Lykan in enforcing its rights under this Section.

Assignment.  We may assign our rights and delegate our duties under these Terms at any time to any party without notice to you.  You may not assign your rights or delegate your duties under these Terms without our prior written consent.  These Terms inure to the benefit of Lykan’s successors and assigns.

Entire Agreement.  These Terms, the Privacy Policy, and any terms posted throughout the Site (if any) are the entire agreement between you and Lykan with respect to your access to and use of the Site.  In the event of a conflict between these Terms and our Privacy Policy, our Privacy Policy will control.

Waiver.  Lykan’s failure to enforce any provision of these Terms will not constitute a waiver of that provision or any other provision.  Any waiver of any provision of these Terms will be effective only if in writing and signed by Lykan.

Severability.  If any provision of these Terms is held invalid, void, or unenforceable, that provision will be severed from the remaining provisions and the remaining provisions will remain in full force and effect.  The headings in these Terms are for convenience only and do not affect the interpretation of these Terms.

Electronic Communications.  These Terms and any other documentation, agreements, notices, or communications between you and Lykan may be provided to you electronically to the extent permissible by law.  Please print or otherwise save a copy of all documentation, agreements, notices, and other communications for your reference.

Contact Us.  If you have any questions or concerns regarding these Terms, contact us at:

Lykan Bioscience
Attn: Sheli Streck, VP, Business Development and Marketing
97 South Street
Hopkinton, MA 01748 USA
1-774-341-4200
Sheli.streck@lykanbio.com