Terms of Use

Welcome to our website. Glyscend, Inc. owns, controls and maintains this site for your information and general education. By accessing information or materials on our website, you acknowledge our intellectual property rights and you accept, without limitation or qualification, to be bound by these Terms of Use that supersede any other agreement between you and Glyscend covering our website or the contents of the website. Certain sections of the website are intended for particular audiences including Glyscend’s employees, customers and investors, as well as members of the health care community and the general public. We reserve the right to change these Terms of Use at any time at our sole discretion and without notice, and such changes shall become effective when posted on the website.

The website content contains material, including but not limited to software, text, graphics and images (collectively referred to as the “Content”) is for your general education only and is not intended to provide advice or guidance or to be used for any medical or commercial purpose. The identification or description of products or services of Glyscend or third parties on the website is for informational purposes only and does not constitute a representation, warranty, guarantee, endorsement or recommendation of such products and services. Although we have attempted to provide accurate information on our website, we assume no responsibility for the accuracy of the Content. In particular, we may not update our website and the Content on a daily or other regular basis. As such, the Content may be out of date or include omissions or other errors. We may update or change the Content at any time without notice.

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE. BY USING THIS WEBSITE (WWW.GLYSCEND.COM), YOU ACCEPT, WITHOUT LIMITATION OR QUALIFICATION, THESE TERMS OF USE. IF YOU DO NOT ACCEPT THESE TERMS OF USE, DO NOT ACCESS THIS WEBSITE.

1. Acceptance of the Terms and Conditions.

1.1       You understand and agree that we may change this Agreement at any time without prior notice. You may read a current, effective copy of this Agreement at any time by selecting the “Terms of Use” link on the website. The revised Terms of Use will become effective at the time of posting. Any use of the website after such date shall constitute your acceptance of such revised Terms of Use. If any change to these Terms of Use is not acceptable to you, your sole remedy is to cease accessing, browsing and otherwise using the website.

1.2       You agree NOT to do any of the following while visiting or using this website or any services provided by or through this website:

• Impersonate or misrepresent your affiliation with any person or entity;
• Access or use password-protected, secure or non-public areas of this website without authorization;
• Except as expressly permitted by the rules of this website, post or transmit any unsolicited advertising,
• promotional materials, junk mail, spam or any other form of solicitation on this website;
• Post or transmit any information or material that is defamatory, offensive, indecent, obscene or unlawful;
• Post or transmit any information or software that contains a virus, Trojan horse, worm or other harmful components;
• Violate any applicable law or regulation, including, without limitation, any local, state, provincial, national or international law, any export control laws or any regulations promulgated by any state or federal authority; or
• Frame, repackage or otherwise re-distribute any portion of this website.

1.3       You agree not to: (a) take any action that imposes an unreasonable load on the website’s infrastructure, (b) use any device, software or routine to interfere or attempt to interfere with the proper working of the website or any activity being conducted on the website, (c) attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or making up the website, or (d) delete or alter any material posted on the website by Glyscend or any other person or entity.

1.4       Glyscend may, at its sole discretion, take any action we deem necessary, including, but not limited to, termination of access to this website if we believe a user’s conduct or content fails to conform to these Terms of Use or may create liability for Glyscend, our affiliates, partners, suppliers or other users. Glyscend will not be liable to you or any third party as a result of such termination and modification. These Terms of Use will survive any such termination and modification.

1.5       Your access to and use of the website is also subject to the Glyscend’s Privacy Policy, the terms and conditions of which are hereby incorporated herein by reference.

2. Use of the Website.

2.1       We may own the Content or portions of the Content may be made available to us through arrangements that we have with third-parties. The Content is protected by United States and foreign intellectual property laws. Unauthorized use of the Content may result in violation of copyright, trademark, and other laws. You have no rights in or to the Content, and you will not use, copy or display the Content except as permitted under this Agreement. No other use is permitted without our prior written consent.

2.2       Any copy you make of the Content shall retain all copyright and other proprietary notices in the same form and manner as on the original. Except as specified above, nothing contained in this website shall be construed as conferring by implication, estoppel or otherwise, any license or right under any copyright, patent, trademark or other intellectual property right of Glyscend or any third party. No other use of the Content or the information contained on the website is authorized without the express written permission of Glyscend or the copyright owner. All other rights reserved.

2.3       You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose. The use or posting of any of the Content on any other web site or in a networked computer environment for any purpose is expressly prohibited. If you violate any part of this Agreement, your right to access and/or use the Content and website shall automatically terminate and you shall immediately destroy any copies you have made of the Content.

2.4       The trademarks, service marks, and logos of the Glyscend (the “Glyscend Trademarks”) used and displayed on the website are registered and unregistered trademarks or service marks of Glyscend. Other company, product, and service names located on the website may be trademarks or service marks owned by third-parties (the “Third-Party Trademarks”, and, collectively with the Glyscend Trademarks, the “Trademarks”). Nothing on the website or in these Terms of Use should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the website without the prior written consent of Glyscend or the third party owning the trademark that is specific for each such use. The Trademarks may not be used to disparage Glyscend or the applicable third-party or in any manner (using commercially reasonable judgment) that may damage any goodwill in the Trademarks. Use of any Trademarks as part of a link to or from any website is prohibited without the Glyscend’s prior written consent. All goodwill generated from the use of any Glyscend Trademark shall inure to the Glyscend’s benefit.

2.5       Our website may contain hyperlinks to websites owned and/or controlled by other parties. Access to any other website is done so at your own risk, and we are in no way responsible for the accuracy or reliability of any information, data, opinions, advice or statements accessible from these websites, and make no representations or warranties about their products or content. Third-party-linked websites and their contents should not be attributed to Glyscend in any manner. We provide these hyperlinks merely as a convenience, and the hyperlinks are not an endorsement of any product, service, individual or entity.

3. User-Provided Ideas.

3.1       Glyscend does not accept or consider unsolicited ideas submitted through, or in connection with, the website. Notwithstanding the foregoing, you agree that any feedback, information, suggestions, ideas or materials (e.g., text, photographs, caricatures, illustrations, designs, icons, articles, audio clips and video clips, etc.) you submit through, or in connection with, this website (each, an “idea”) will not be subject to any use or disclosure restrictions and will be considered non-confidential by us. By providing ideas to us, you agree that Glyscend shall have, at no charge, a non-exclusive, transferable, royalty-free, perpetual, irrevocable, worldwide right and license to reproduce distribute, display, perform and create derivative works of such ideas and to use, make, offer for sale, sell and import products containing or based on such ideas. Glyscend shall be free to use and disseminate such ideas on an unrestricted basis for any purpose. Any communications you send to this website or otherwise to Glyscend by electronic mail, with the exception of personally identifiable information as defined in the Glyscend Privacy Policy, shall be deemed to be non-confidential.

4. Medical Advice.

4.1       The Content is provided for informational purposes only and should not be construed as medical, legal, financial, investment or other professional advice or opinion. Glyscend does not offer personalized medical advice or patient-specific treatment advice. Only your physician or other healthcare professional can determine if a product described on this website is appropriate for you. Use of this website is not a substitute for a consultation or visit to, or consultation with, your physician or a healthcare professional. You are encouraged to confirm any information obtained from or through the website with other sources, and review all information regarding any medical condition or treatment with your physician or other qualified health care provider. You should not rely on this website or any other service offered by or through this website for medical diagnosis or treatment. YOU SHOULD NEVER DISREGARD OR DELAY SEEKING MEDICAL ADVICE BECAUSE OF SOMETHING THAT YOU HAVE SEEN OR HEARD ON THIS WEBSITE. PLEASE CONSULT WITH YOUR PHYSICIAN, OR OTHER QUALIFIED HEALTHCARE PROFESSIONAL, BEFORE USING ANY PRODUCT DISCUSSED ON THIS WEBSITE.

4.2       If you think you or someone using the website may have a medical emergency, call a doctor or your local emergency number immediately.

5. Limitation of Liability and Disclaimer of Warranties.

5.1       GLYSCEND AND ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS (COLLECTIVELY, THE “COMPANY PARTIES“) MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE CONTENT, INCLUDING BUT NOT LIMITED TO ITS ACCURACY, RELIABILITY, COMPLETENESS, TIMELINESS OR RELIABILITY. THE COMPANY PARTIES SHALL NOT BE SUBJECT TO LIABILITY FOR THE TRUTH, ACCURACY OR COMPLETENESS OF THE CONTENT OR ANY OTHER INFORMATION CONVEYED TO THE USER OR FOR ERRORS, MISTAKES OR OMISSIONS THEREIN OR FOR ANY DELAYS OR INTERRUPTIONS OF THE DATA OR INFORMATION STREAM FROM WHATEVER CAUSE. YOU AGREE THAT YOU USE THE WEBSITE AND THE CONTENT AT YOUR OWN RISK.

5.2       THE COMPANY PARTIES DO NOT WARRANT THAT THE WEBSITE WILL OPERATE ERROR FREE OR THAT THE WEBSITE, ITS SERVER, OR THE CONTENT ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. IF YOUR USE OF THE WEBSITE OR THE CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, NO COMPANY PARTY SHALL BE RESPONSIBLE FOR THOSE COSTS.

5.3       THE WEBSITE AND CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. THE COMPANY PARTIES DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF TITLE, MERCHANTABILITY, NON INFRINGEMENT OF THIRD PARTIES RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE.

5.4       IN NO EVENT SHALL ANY COMPANY PARTY BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE WEBSITE AND THE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF SUCH COMPANY PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

5.5       SOME STATES DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, IN SUCH STATES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU OR BE ENFORCEABLE WITH RESPECT TO YOU, AND THE LIABILITY OF THE COMPANY PARTIES SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

6. Indemnification. 

6.1       You agree to defend, indemnify, and hold harmless the Company Parties from and against any claims, actions or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from your breach of this Agreement or your access to, use or misuse of the Content or the website. Glyscend shall provide notice to you of any such claim, suit, or proceeding. Glyscend reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting Glyscend’s defense of such matter.

7. Applicable Laws.

7.1       Glyscend has offices in Lowell, Massachusetts, United States of America. Glyscend makes no claims concerning whether the Content may be downloaded, viewed, or be appropriate for use outside of the United States. If you access the website or the Content from outside of the United States, you do so at your own risk. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.

7.2       The United States controls the export of products and information. You expressly agree to comply with such restrictions and not to export or re-export any of the Content to countries or persons prohibited under the export control laws. By downloading the Content, you are expressly agreeing that you are not in a country where such export is prohibited or are a person or entity for which such export is prohibited. You are solely responsible for compliance with the laws of your specific jurisdiction regarding the import, export, or re-export of the Content.

7.3       This Agreement is governed by the internal substantive laws of the Commonwealth of Massachusetts, without respect to its conflict of laws provisions. You expressly agree to submit to the exclusive personal jurisdiction of the state and federal courts sitting in the City of Boston in the Commonwealth of Massachusetts.

8. Termination of the Agreement.

8.1       Glyscend reserves the right, in its sole discretion, to restrict, suspend, or terminate this Agreement and your access to all or any part of the website or the Content at any time and for any reason without prior notice or liability.

8.2       Sections 2 (Use of the Website), 3 (User-Provided Ideas), 4 (Medical Advice), 5 (Limitation of Liability and Disclaimer of Warranties), 6 (Indemnification), 7 (Applicable Laws), 8 (Termination of the Agreement), and 9 (General Terms) shall survive the termination of this Agreement.

9. General Terms.

9.1       If any provision of this Agreement is held to be unlawful, void or unenforceable, then such provision shall be severable without affecting the enforceability of all remaining provisions. Glyscend reserves the right to alter or delete material from this website at any time at its sole discretion. Failure of the Glyscend to act on or enforce any provision of the Agreement shall not be construed as a waiver of that provision or any other provision in this Agreement. No waiver shall be effective against Glyscend unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance.

9.2       Any rights not expressly granted in our website are reserved to us.

9.3       Except as expressly agreed by the Glyscend and you, this Agreement constitutes the entire Agreement between you and Glyscend with respect to the subject matter, and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter. The section headings are provided merely for convenience and shall not be given any legal import.

9.4       This Agreement will inure to the benefit of Glyscend’s successors, assigns, licensees, and sublicensees. Any information submitted or provided by you to the website might be publicly accessible. Important and private information should be protected by you. Glyscend is not liable for protection of privacy of electronic mail or other information transferred through the Internet or any other network that you may use.

Last Updated: April 15, 2024