Terms of Use

Please read these Terms of Use (the “Agreement”) carefully. Your use of the Site (as defined below) constitutes your consent to this Agreement.
This Agreement is between you and SVB Financial Group (“Company” or “we” or “us”) concerning your use of (including any access to) the CipherBio site currently located at https://www.cipherbio.com (together with any materials and Services (as defined below) available therein, and successor site(s) thereto, the “Site”). This Agreement hereby incorporates by this reference any additional terms and conditions posted by Company through the Site, or otherwise made available to you by Company.

BY USING THE SITE, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT.
IF YOU ARE AN INDIVIDUAL ACCESSING OR USING THE SITE ON BEHALF OF, OR FOR THE BENEFIT OF, ANY CORPORATION, PARTNERSHIP OR OTHER ENTITY WITH WHICH YOU ARE ASSOCIATED (AN “ORGANIZATION”), THEN YOU ARE AGREEING TO THIS AGREEMENT ON BEHALF OF YOURSELF AND SUCH ORGANIZATION, AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL AUTHORITY TO BIND SUCH ORGANIZATION TO THIS AGREEMENT. References to “you” and “your” in this Agreement will refer to both the individual using the Site and to any such Organization.

THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION PROVISION THAT, AS FURTHER SET FORTH IN SECTION 16 BELOW, REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR ANY OTHER COURT PROCEEDINGS, OR CLASS ACTIONS OF ANY KIND.

To assist you with your review of this Agreement, we provide at the end of most sections a short, very high-level summary of the section. These summaries are included for reference purposes only, do not constitute contractual terms and are not a substitute for reading the actual contractual terms; the summaries will not affect the meaning or interpretation of this Agreement, and, in all cases, the substantive terms of this Agreement (and not any summary) will govern and take priority over any summary, including with respect to any conflict between them.

  1. Changes. We may change this Agreement from time to time by notifying you of such changes by any reasonable means, including by posting a revised Agreement through the Site. Any such changes will not apply to any dispute between you and us arising prior to the date on which we posted the revised Agreement incorporating such changes, or otherwise notified you of such changes.
    Your use of the Site following any changes to this Agreement will constitute your acceptance of such changes. The “Last Updated” legend above indicates when this Agreement was last changed. We may, at any time and without liability, modify or discontinue all or part of the Site (including access to the Site via any third-party links); charge, modify or waive any fees required to use the Site; or offer opportunities to some or all Site users.
    Welcome to our Site. We have tried to summarize the key concepts of these Terms of Use for you in summary boxes. Although these summaries are meant to assist in your review of these Terms of Use, please be sure to read all terms carefully, because the language in each Section (aside from these summaries) is the legally binding language. If you use the Site, you are indicating that you agree with these terms. We may change these terms at any time and may do so simply by posting a revised version here. You can always check if we have changed the terms by looking to the date at the top of the page. If they have been modified, you will want to take time to review what has changed. You will also want to take a close look at Section 16, which requires that legal disagreements between you and us be resolved through binding arbitration, rather than in a court before a judge and jury.
  2. Information Submitted Through the Site. Your submission of information through the Site is governed by Company’s Privacy Policy, located at https://www.svb.com/privacy-policy/ (the “Privacy Policy”). You represent and warrant that any information you provide in connection with the Site is and will remain accurate and complete, and that you will maintain and update such information as needed. The Site is not intended to collect, store, maintain, transmit, disclose or otherwise enable access to individually identifiable health information protected under any U.S. state or federal law, including the Health Insurance Protection and Accountability Act of 1996 and implementing regulations (“HIPAA”). Any disclosure or transmission of such information by you, by means of the Site, shall not create or form the basis of a Business Associate relationship (as defined by HIPAA) between you and the Company.
    Please read our Privacy Policy (https://www.svb.com/privacy-policy/) to understand how we collect, use and share personal information about users of the Site.
  3. Jurisdictional Issues. The Site is controlled or operated (or both) from the United States, and is not intended to subject Company to any non-U.S. jurisdiction or law. The Site may not be appropriate or available for use in some non-U.S. jurisdictions. Any use of the Site is at your own risk, and you must comply with all applicable laws, rules and regulations in doing so. We may limit the Site’s availability at any time, in whole or in part, to any person, geographic area or jurisdiction that we choose.
    The Site is controlled and operated from the United States, and use of the Site is governed by U.S. law (see Section 16 for more information). If you do access the Site from outside the United States, it is your responsibility to comply with all non-U.S. laws.
  4. Rules of Conduct. In connection with the Site, you must not:
    • Post, transmit or otherwise make available through or in connection with the Site any materials that are or may be: (a) threatening, harassing, degrading, hateful or intimidating, or otherwise fail to respect the rights and dignity of others; (b) defamatory, libelous, fraudulent or otherwise tortious; (c) obscene, indecent, pornographic or otherwise objectionable; or (d) protected by copyright, trademark, trade secret, right of publicity or privacy or any other proprietary right, without the express prior written consent of the applicable owner.
    • Post, transmit or otherwise make available through or in connection with the Site any virus, worm, Trojan horse, Easter egg, time bomb, spyware or other computer code, file or program that is or is potentially harmful or invasive or intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment (each, a “Virus”).
    • Use the Site for any purpose that is fraudulent or otherwise tortious or unlawful.
    • Offer or seek to sell your products or services.
    • Make investment recommendations, comment on the merits of an investment in any specific company or securities issuer or distribute any investment research report.
    • Promote any investment opportunity.
    • Offer for sale or offer to purchase any securities, or discuss or negotiate the terms of any proposed offer or sale of securities.
    • Engage in commercial transactions using the Site or any of the Services.
    • Harvest or collect information about users of the Site.
    • Disclose information regarding any sensitive or confidential information.
    • Post, store, maintain, transmit, disclose or otherwise make available through or in connection with the Site, any individually identifiable health information protected under U.S. state or federal law, including HIPAA.
    • Interfere with or disrupt the operation of the Site or the servers or networks used to make the Site available, including by hacking or defacing any portion of the Site; or violate any requirement, procedure or policy of such servers or networks.
    • Restrict or inhibit any other person from using the Site.
    • Reproduce, modify, adapt, translate, create derivative works of, sell, rent, lease, loan, timeshare, distribute or otherwise exploit any portion of (or any use of) the Site except as expressly authorized herein, without Company’s express prior written consent.
    • Reverse engineer, decompile or disassemble any portion of the Site, except where such restriction is expressly prohibited by applicable law.
    • Remove any copyright, trademark or other proprietary rights notice from the Site.
    • Frame or mirror any portion of the Site, or otherwise incorporate any portion of the Site into any product or service, without Company’s express prior written consent.
    • Systematically download and store Site content.
    • Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or otherwise gather Site content, or reproduce or circumvent the navigational structure or presentation of the Site, without Company’s express prior written consent. Notwithstanding the foregoing, and subject to compliance with any instructions posted in the robots.txt file located in the Site’s root directory, Company grants to the operators of public search engines permission to use spiders to copy materials from the Site for the sole purpose of (and solely to the extent necessary for) creating publicly available, searchable indices of such materials, but not caches or archives of such materials. Company reserves the right to revoke such permission either generally or in specific cases, at any time and without notice.

    You are responsible for obtaining, maintaining and paying for all hardware and all telecommunications and other services needed to use the Site.
    This Section describes some ground rules to protect the community using our Site. In addition to the other rules listed above, these Rules of Conduct require that you not post inappropriate content, engage in any illegal conduct, makes investment recommendations, distribute investment research reports, promote any investment opportunity, solicit the purchase or sale of any securities or other investment instrument, s or engage in commercial transactions using the Site. We can cut off your access to our Site if you violate our Rules of Conduct or these terms. Please be considerate of the other users on our Site and let us know if you suspect someone is behaving inappropriately.

  5. Profiles and Forums. Site visitors may make available certain materials (each, a “Submission”) through or in connection with the Site, including on profile pages or on the Site’s interactive Services, such as message boards and other forums, and chatting, commenting and other messaging functionality. Company has no control over and is not responsible for any use or misuse (including any distribution) by any third party of Submissions; we make no representations as to the completeness, accuracy, reliability, validity, timeliness, integrity, quality, legality, usefulness or safety of any Submissions. IF YOU CHOOSE TO MAKE ANY OF YOUR PERSONALLY IDENTIFIABLE OR OTHER INFORMATION PUBLICLY AVAILABLE THROUGH THE SITE, YOU DO SO AT YOUR OWN RISK.
    BY SUBMITTING INFORMATION THROUGH THE SITE AND BY MAINTAINING A PROFILE ON THE SITE, YOU ARE DIRECTING US TO MAKE INFORMATION ABOUT YOU AVAILABLE TO OTHER SITE VISITORS.
    Our Site may contain, or provide you with access to, content and other materials that are provided by third parties (including other Site users). We are not responsible for the content and materials provided by third parties, and we note that the content and information they provide may not be true or reliable.
  6. License. For purposes of clarity, you retain ownership of your Submissions. For each Submission, you hereby grant to us a worldwide, royalty-free, fully paid-up, non-exclusive, perpetual, irrevocable, transferable and fully sublicensable (through multiple tiers) license, without additional consideration to you or any third party, to reproduce, distribute, perform and display (publicly or otherwise), create derivative works of, adapt, modify and otherwise use, analyze and exploit such Submission, in any format or media now known or hereafter developed, and for any purpose (including promotional purposes, such as testimonials).
    In addition, if you provide to us any ideas, proposals, suggestions or other materials (“Feedback”), whether related to the Site or otherwise, such Feedback will be deemed a Submission, and you hereby acknowledge and agree that such Feedback is not confidential, and that your provision of such Feedback is gratuitous, unsolicited and without restriction, and does not place Company under any fiduciary or other obligation.
    You represent and warrant that you have all rights necessary to grant the licenses granted in this section, and that your Submissions, and your provision thereof through and in connection with the Site, are complete and accurate, and are not fraudulent, tortious or otherwise in violation of any applicable law or any right of any third party. You further irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding each Submission that you may have under any applicable law under any legal theory.
    If you submit something to the Site, you agree that we may use it or share it for any reason, and may include your name in connection with your submission.
  7. Monitoring. We may and expressly reserve the right (but have no obligation) to monitor, scan, intercept, review, analyze, store, alter or remove Submissions or any messages, information, content or other materials sent to you, or received by you, in connection with the Site (including any Services), at any time, including while it is in transit, and before and after it is stored or made available through the Site, and to monitor, review, or analyze your access to or use of the Site (including any Services), in each case by manual, automated or other means, and in each case for any purpose, including for our own internal purposes, to improve the Site, and such other purposes as may be described in the Site’s Privacy Policy. We may disclose information regarding your access to and use of the Site, and the circumstances surrounding such access and use, to anyone for any reason or purpose.
    Among other things, we may monitor our forums and the Site, including submissions, messages and your other uses of the Site, but don’t promise that we will do so. We may use or share this information for any number of reasons.
  8. Your Limited Rights. Subject to your compliance with this Agreement, and solely for so long as you are permitted by Company to use the Site, you may view one (1) copy of any portion of the Site to which we provide you access under this Agreement, on any single device, solely for your personal and, in the case of an Organization, internal use, in each case solely for your own benefit.
    We grant to you permission to use our Site, but solely for your own benefit. Please note that your use of our Site is subject to all of the other terms throughout these Terms of Use, including the Rules of Conduct above. If you can’t comply with these terms, you can’t use our Site.
  9. Company’s Proprietary Rights. We and our suppliers own the Site, which is protected by proprietary rights and laws. Our trade names, trademarks and service marks include CipherBio and any associated logos. All trade names, trademarks, service marks and logos on the Site not owned by us are the property of their respective owners. You may not use our trade names, trademarks, service marks or logos in connection with any product or service that is not ours, or in any manner that is likely to cause confusion. Nothing contained on the Site should be construed as granting any right to use any trade names, trademarks, service marks or logos without the express prior written consent of the owner.
    As between you and us, we own the rights to all of the images and materials on the Site. The trademarks and logos on the Site belong to either us or their owners. No trademark or logo may be used by you unless you receive permission to do so from its owner.
  10. Information and Services; Third Party Services; Links. The Site and certain Site functionality may make available information, data, content, materials, services, features, and descriptions of the foregoing (collectively, “Services”) or allow for the routing or transmission of such Services, including via references or links. By using such Site functionality, you are directing us to access, route and transmit to you the applicable Services. Such Services may be made available by Company or by third parties (such Services made available by third parties (including Submissions), “Third Party Services”), and may be made available for any purpose, including for general information purposes. We make no representations as to the completeness, accuracy, reliability, validity, timeliness, integrity, quality, legality, usefulness or safety of any or all of the Services or the Site. Such Services are subject to change at any time without notice. Any reliance that you place on any Services is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on any Services by you or any other user of the Site, or by anyone who may be informed of the content of any Services.
    We neither control nor endorse, nor are we responsible for, any Third Party Services or any intellectual property rights therein. Certain Third Party Services may, among other things, be inaccurate, misleading or deceptive. Nothing in this Agreement shall be deemed to be a representation or warranty by Company with respect to any Third Party Services. We have no obligation to monitor Third Party Services, and we may block or disable access to any Third Party Services (in whole or part) through the Site at any time. In addition, the availability of any Third Party Services through the Site does not imply our endorsement of, or our affiliation with, any provider of such Third Party Services, nor does such availability create any legal relationship between you and any such provider.
    YOUR USE OF THIRD PARTY SERVICES IS AT YOUR OWN RISK AND IS SUBJECT TO ANY ADDITIONAL TERMS, CONDITIONS AND POLICIES APPLICABLE TO SUCH THIRD PARTY SERVICES (SUCH AS TERMS OF SERVICE OR PRIVACY POLICIES OF THE PROVIDERS OF SUCH THIRD PARTY SERVICES).
    Our Site may contain, or provide you with access to, information, content, services and other materials, including materials provided by Site users and other third parties, and including through links to third-party websites and resources. We are not responsible for such information, content, services and other materials, and we note that such materials on or accessible through the Site may not be accurate. You may also need to agree to separate terms with certain third parties in order to access or use their information, content, services or other materials. We are also not responsible for any third-party websites or resources (or any information, content, services or other materials, including any products, provided by them), and we note that they may not be accurate.
  11. DISCLAIMER OF WARRANTIES. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW: (A) THE SITE AND ANY SERVICES AND THIRD PARTY SERVICES (INCLUDING SUBMISSIONS) ARE MADE AVAILABLE TO YOU ON AN “AS IS,” “WHERE IS” AND “WHERE AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY; AND (B) COMPANY DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE SITE AND ANY SERVICES AND THIRD PARTY SERVICES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND TITLE. ALL DISCLAIMERS OF ANY KIND (INCLUDING IN THIS SECTION AND ELSEWHERE IN THIS AGREEMENT) ARE MADE FOR THE BENEFIT OF BOTH COMPANY AND ITS AFFILIATES AND THEIR RESPECTIVE SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, REPRESENTATIVES, LICENSORS, SUPPLIERS AND SERVICE PROVIDERS (COLLECTIVELY, THE “AFFILIATED ENTITIES”), AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS.
    THE SITE AND SERVICES, AND ANY THIRD PARTY SERVICES, ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY. NOTHING ON THE SITE REPRESENTS A RECOMMENDATION BY COMPANY OR ANY OF ITS REPRESENTATIVES TO BUY OR SELL ANY SECURITY OR TO MAKE ANY INVESTMENT.
    While we try to maintain the timeliness, integrity and security of the Site, we do not guarantee that the Site is or will remain updated, complete, correct or secure, or that access to the Site will be uninterrupted. The Site may include inaccuracies, errors and materials that violate or conflict with this Agreement. Additionally, third parties may make unauthorized alterations to the Site. If you become aware of any such alteration, contact us at legalprocess@svb.com with a description of such alteration and its location on the Site.
    Our Site, and everything provided through our Site (including any information, content, services and other materials provided by Site users and other third parties), is provided to you “AS IS”, and we can’t guarantee that our services will always be accurate, available or error-free. Our Site is provided for informational purposes only.
  12. LIMITATION OF LIABILITY. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW: (A) COMPANY WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND, UNDER ANY CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHER THEORY, INCLUDING DAMAGES FOR LOSS OF PROFITS, USE OR DATA, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY OF SUBMISSIONS (INCLUDING UNAUTHORIZED INTERCEPTION BY THIRD PARTIES OF ANY SUBMISSIONS), EVEN IF ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES; (B) WITHOUT LIMITING THE FOREGOING, COMPANY WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF OR INABILITY TO USE THE SITE OR FROM ANY SERVICES OR THIRD PARTY SERVICES, INCLUDING FROM ANY VIRUS THAT MAY BE TRANSMITTED IN CONNECTION THEREWITH; (C) YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE OR ANY SERVICES OR THIRD PARTY SERVICES IS TO STOP USING THE SITE; AND (D) THE MAXIMUM AGGREGATE LIABILITY OF COMPANY FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, SHALL BE THE GREATER OF THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO COMPANY TO USE THE SITE AND FIFTY DOLLARS ($50). ALL LIMITATIONS OF LIABILITY OF ANY KIND (INCLUDING IN THIS SECTION AND ELSEWHERE IN THIS AGREEMENT) ARE MADE FOR THE BENEFIT OF BOTH COMPANY AND THE AFFILIATED ENTITIES, AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS.
    Please note that our liability to you under these Terms of Use is limited to either the amount you have paid to use our Site or $50, whichever is the larger amount. If you don’t like something about our Site, please stop using the Site.
  13. Indemnity. To the fullest extent permitted under applicable law, you agree to defend, indemnify and hold harmless Company and the Affiliated Entities, and their respective successors and assigns, from and against all claims, liabilities, damages, judgments, awards, losses, costs, expenses and fees (including attorneys’ fees) arising out of or relating to (a) your use of, or activities in connection with, the Site (including all Submissions); and (b) any violation or alleged violation of this Agreement by you.
    Under this Section, you may be required to defend us in certain situations, including if a lawsuit arises as a result of your use of our Site or if you violate these terms. This may include an obligation to pay for the defense and any related costs.
  14. Termination. This Agreement is effective until terminated. Company may terminate or suspend your use of the Site at any time and without prior notice, for any or no reason, including if Company believes that you have violated or acted inconsistently with the letter or spirit of this Agreement. Upon any such termination or suspension, your right to use the Site will immediately cease, and Company may, without liability to you or any third party, immediately deactivate or delete your user name, password and account, and all associated materials, without any obligation to provide any further access to such materials. Sections 2-8 and 10-21 shall survive any expiration or termination of this Agreement.
    We may suspend or terminate your access to use our Site (or a portion of our Site) at any time and for any reason. If we choose to do so, you may not have further access to your user account or any materials associated with your account.
  15. Governing Law; Arbitration. The terms of this Agreement are governed by the laws of the United States (including federal arbitration law) and the State of California, U.S.A., without regard to its principles of conflicts of law, and regardless of your location. ALL DISPUTES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU AND COMPANY, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION OR ANY OTHER LEGAL THEORY, WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY AND YOU AGREE THAT COMPANY AND YOU ARE EACH WAIVING THE RIGHT TO TRIAL BY A JURY. SUCH DISPUTES INCLUDE, WITHOUT LIMITATION, DISPUTES ARISING OUT OF OR RELATING TO INTERPRETATION OR APPLICATION OF THIS ARBITRATION PROVISION, INCLUDING THE ENFORCEABILITY, REVOCABILITY OR VALIDITY OF THE ARBITRATION PROVISION OR ANY PORTION OF THE ARBITRATION PROVISION. ALL SUCH MATTERS SHALL BE DECIDED BY AN ARBITRATOR AND NOT BY A COURT OR JUDGE.
    YOU AGREE THAT ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED AND YOU ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION.
    The arbitration will be administered by the American Arbitration Association under its Commercial Arbitration Rules, as amended by this Agreement. The Commercial Arbitration Rules are available online at https://www.adr.org/sites/default/files/document_repository/commercial_rules.pdf. The arbitrator’s decision will follow the terms of this Agreement and will be final and binding. The arbitrator will have authority to award temporary, interim or permanent injunctive relief or relief providing for specific performance of this Agreement, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof.
    If there is a legal disagreement between us, we will use arbitration to solve our disagreement, rather than use a court with a judge and jury. The arbitration will take place under the laws of the United States and the State of California.
  16. Filtering. We hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available from https://en.wikipedia.org/wiki/Comparison_of_content-control_software_and_providers. Please note that Company does not endorse any of the products or services listed on such site.
    Although this Section may not be relevant to you, federal law requires us to tell you that parental controls are available to limit access by minors to harmful material. The link above provides more information.
  17. Information or Complaints. If you have a question or complaint regarding the Site, please send an e-mail to info@cipherbio.com. You may also contact us by writing to 3003 Tasman Drive, Santa Clara, CA. Please note that e-mail communications will not necessarily be secure; accordingly you should not include credit card information or other sensitive information in your e-mail correspondence with us. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
    Please contact us with any questions or comments. If you are a resident of California and have a concern about our Site, you can contact California Department of Consumer Affairs using the contact information in this Section.
  18. Copyright Infringement Claims. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available on the Site infringe your copyright, you (or your agent) may send to Company a written notice by mail, e-mail or fax, requesting that Company remove such material or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send to Company a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See http://www.copyright.gov/ for details. Notices and counter-notices must be sent to legalprocess@svb.com.
    We suggest that you consult your legal advisor before filing a DMCA notice or counter-notice.
    If you see something on our Site that you believe is your copyrighted work, but which you have not authorized to be on our Site, this Section explains how you can contact us regarding such unauthorized use of your work. We will review your request, and, based on the result of our review process, may take down the work from our Site.
  19. Export Controls. You are responsible for complying with United States export controls and for any violation of such controls, including any United States embargoes or other federal rules and regulations restricting exports. You represent, warrant and covenant that you are not (a) located in, or a resident or a national of, any country subject to a U.S. government embargo or other restriction, or that has been designated by the U.S. government as a “terrorist supporting” country; or (b) on any of the U.S. government lists of restricted end users.
    Our Site may be subject to U.S. export controls. If you intend to use the Site from outside the United States, you are responsible for complying with such export controls.
  20. Miscellaneous. This Agreement does not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and Company. If any provision of this Agreement is found to be unlawful, void or for any reason unenforceable, that provision will be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provision. You may not assign, transfer or sublicense any or all of your rights or obligations under this Agreement without our express prior written consent. We may assign, transfer or sublicense any or all of our rights or obligations under this Agreement without restriction. No waiver by either party of any breach or default under this Agreement will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is for convenience only, and in no way defines or explains any section or provision. All terms defined in the singular shall have the same meanings when used in the plural, where appropriate and unless otherwise specified. Any use of the term “including” or variations thereof in this Agreement shall be construed as if followed by the phrase “without limitation.” This Agreement, including any terms and conditions incorporated herein, is the entire agreement between you and Company relating to the subject matter hereof, and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and Company relating to such subject matter. Notices to you (including notices of changes to this Agreement) may be made via posting to the Site or by e-mail (including in each case via links), or by regular mail. Without limitation, a printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Company will not be responsible for any failure to fulfill any obligation due to any cause beyond its control.
    This Section provides for a number of miscellaneous legal terms. Among other things, it specifies that this is the only agreement between us regarding our Site, and how these terms are to be interpreted.

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