WEBSITE TERMS OF USE

This website has been developed as a service of Lipotype Inc. (“Lipotype Inc.”). By accessing and using the Website located at us.lipotype.com (the “Website”), you agree to be bound by the Terms of Use (hereinafter, the “Terms” or “Agreement”) in effect at the time of each such access or other use.  You also acknowledge that Lipotype Inc. may, from time to time, in its sole discretion and without notification to you, change these Terms. You should review the Terms each time you visit or use the Website. If you do not agree to these Terms, do not use the Website. As used in these Terms, “we” includes Lipotype Inc., its parents, subsidiaries, affiliates, and any third-party vendors we hire to assist in the administration of the Website, the collection, cataloging and/or analysis of data, and/or the processing or handling of any visitor transactions.

DATA COLLECTION AND PROCESSING

Any personal information or other information about you collected by Lipotype Inc. through, or in connection with, this Website is subject to our Privacy Policy. The Lipotype Inc. Privacy Policy is incorporated into the terms of this Agreement by this reference.  As indicated in these Terms, this Website is designed for adults of legal age (18 years and over). For questions about our online privacy policy for children please refer to the Privacy Policy.

License and Access to the Website

No person under the age of eighteen (18) is authorized to access or use this Website.  User access to, and use of, the Website is subject to all applicable federal, state and local laws and regulations.  Use of this Website is void where prohibited.  By using this Website, you represent and warrant that you are eighteen (18) years of age and that you have the right, authority and capacity to enter into this Agreement and abide by the Terms.

Lipotype Inc. grants you a limited, non-transferable license to access and use for non-commercial purposes the Website. Such limited license shall enable you to use the Website for informational purposes. This license shall not include any resale or commercial use of the Website or its contents; any derivative use of the Website or its contents; or any use of data mining, robots, or similar data gathering and extraction tools. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including Lipotype Inc.’s, text, page layout, or form) of Lipotype Inc. or our affiliates without our prior express written consent.

LIABILITY FOR CONTENTS OF ONLINE INFORMATION

Lipotype Inc. makes every effort to provide timely and accurate information on this Website. Nevertheless, errors and inaccuracies cannot be completely ruled out. Therefore, Lipotype Inc. does not assume any liability for the relevance, accuracy, completeness or quality of the information provided, nor any obligation to update, the information contained on this Website. Lipotype Inc. shall not be liable for damage of a tangible or intangible nature caused directly or indirectly through the use or failure to use the information offered and/or through the use of faulty or incomplete information. The same shall apply to any downloadable software available free of charge. Lipotype Inc. reserves the rights to modify, supplement, or delete any or all of the information offered on Website, or to temporarily or permanently cease publication thereof without prior and separate notification.

LINKS TO INTERNET SITES OF THIRD PARTIES/DISCLAIMER

This Website includes links to external pages. While Lipotype Inc. attempts to provide links only to third-party websites that comply with all applicable laws and regulations and Lipotype Inc.’s standards, please understand that the content on these third-party websites is subject to change without notice to Lipotype Inc.. Because Lipotype Inc. has no control over such sites and resources, you acknowledge and agree that Lipotype Inc. is not responsible for the availability of such external sites, or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. YOU FURTHER ACKNOWLEDGE AND AGREE THAT Lipotype Inc. SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH USE OF OR RELIANCE ON ANY SUCH CONTENT OR SITES AVAILABLE ON OR THROUGH ANY SUCH SITE OR RESOURCE.

COPYRIGHT

All content, layout, and graphics within the Website is the property of Lipotype Inc. or its third party licensors. The Website and portions of the Website are protected by copyright and trademark laws.  Lipotype Inc. does not grant any license to modify or alter the materials on the Website that are viewed, downloaded or otherwise accessed by you.  No part of this Website may be copied or reproduced in any form without written permission from Lipotype Inc.. You shall keep intact all proprietary notices, including copyright notices, contained on any downloadable materials.  You shall be solely liable for any damages resulting from any infringement of copyright, trademark, or other proprietary right, or any and all harm resulting from your use of the Website.

Graphic design created by: Jonas Kartenbeck, www.jkds.de

© Lipotype Inc., Cambridge, MA. All rights reserved.

Exclusion of Warranty

Any use of the Website or reliance upon any of the information contained therein, and any use of the Internet generally shall be at your sole risk. Lipotype Inc. disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information accessible by use of the Website.

Lipotype Inc. MAKES NO WARRANTY OF ANY KIND REGARDING THE WEBSITE AND/OR ANY INFORMATION PROVIDED ON THE WEBSITE, ALL OF WHICH ARE PROVIDED ON AN “AS IS” “AS AVAILABLE” BASIS. Lipotype Inc. DOES NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENCY OR RELIABILITY OF ANY OF THE CONTENT OR DATA FOUND ON THE WEBSITE AND EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE.  Lipotype Inc. DOES NOT WARRANT THAT THE WEBSITE, ITS SERVERS OR ANY E-MAIL SENT FROM IT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

NEITHER Lipotype Inc., NOR ITS AFFILIATES, MAKES ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES REGARDING (1) THE OPERATION OR PERFORMANCE OF THE WEBSITE, (2) ANY INFORMATION, GOODS, OR SERVICES, OBTAINED THROUGH, ADVERTISED OR RECEIVED THROUGH THE WEBSITE OR ANY LINKS PROVIDED BY OR THROUGH THE WEBSITE; (3) THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY AND PERFORMANCE OF THE WEBSITE; OR (4) THE INTERNET GENERALLY.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION AND THAT MAY NOT BE LIMITED BY THESE TERM, PROVIDED HOWEVER YOU AGREE AND ACKNOWLEDGE THAT TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAW, YOU WAIVE ANY SUCH STATUTORY RIGHTS WITH RESPECT TO IMPLIED WARRANTIES.

Limitation of Liability

Lipotype Inc. ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE WEBSITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO OR AUDIO FROM THE WEBSITE. IN NO EVENT SHALL Lipotype Inc. BE LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGES, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO LOST PROFITS OR LOST SAVINGS), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH ANY USE OF THE WEBSITE OR CONTENT FOUND THEREIN.

Jurisdictional Issues

Although this Website is accessible worldwide, not all information, products or services discussed or referenced herein are available to all persons or in all geographic locations. This Website is controlled and operated by Lipotype Inc. from its offices within the State of Massachusetts. Lipotype Inc. makes no representation that materials on the Website are appropriate or available for use in other locations. Those who choose to access this Website from other locations do so on their own initiative and are responsible  for compliance with local laws.

Choice of Law and Forum

The use of the Website shall be governed by and construed in accordance with the laws of the State of Massachusetts, United States of America, excluding its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to use of the Website shall be filed only in the state or federal courts located in the State of Massachusetts, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purposes of litigating such claim or action.

Indemnity and Release

By using this Website, you agree to indemnify Lipotype Inc. and its parents, subsidiaries, affiliates, and their respective officers, directors, managers and employees and hold them harmless from any and all claims and expenses, including attorneys’ fees, arising from your use of the Website or any breach of this Agreement. By using the Website, you are hereby agreeing to release Lipotype Inc. and its parents, subsidiaries, affiliates, and their respective officers, directors, managers and employees from any and all claims, demands, debts, obligations, damages (actual or consequential), costs and expenses of any kind or nature whatsoever, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, that you may have against them arising out of or in any way related to your use of the Website.

Severability and Integration

Unless otherwise specified herein, this Agreement constitutes the entire agreement between you and Lipotype Inc. with respect to this Website and supersedes all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and Lipotype Inc. with respect to this Website. If any part of these Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties and the remaining portion shall remain in full force and effect.

Changes to the Terms

We may periodically modify and supplement these Terms and the notice provided to you will be the updating of these Terms. You are responsible for regularly checking these Terms for revisions. All amended Terms become effective upon our posting to the Website, and any use of the Website after such revisions have been posted signifies your consent and agreement to the modified Terms.

This Agreement was last modified and is effective as of December 21, 2022.