Terms of Service

1. ACCEPTANCE OF TERMS

Welcome to Retrogen.com! Retrogen.com can be reached through any of the following URLs (web addresses): www.retrogen.net.

These “terms of use” also known as “terms of service”(TOS) apply to you irrespective of the URL you choose to reach this website. This website hereby will be referred to as “Retrogen”.

Retrogen provides its service to you, subject to the following terms of service, which may be updated by us from time to time without notice to you. You can review the most current version of the TOS at any time at: http://www.Retrogen.com/terms/. In addition, when using particular Retrogen services, you and Retrogen shall be subject to any posted guidelines or rules applicable to such services which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS.

2. DESCRIPTION OF SERVICE

Retrogen currently provides users with access to a rich collection of resources, including various communications tools, forums, shopping services, personalized content, and branded programming through its network of properties (the “Services”). You also understand and agree that the Services may include advertisements and that these advertisements are necessary for Retrogen to provide the Services. You also understand and agree that the Services may include certain communications from Retrogen, such as service announcements, administrative messages, and the Retrogen Newsletter; and that these communications are considered part of Retrogen membership that you will not be able to opt out of receiving. Unless explicitly stated otherwise, any new features that augment or enhance the current Services, including the release of new Retrogen properties, shall be subject to the TOS. You understand and agree that the Services are provided “AS-IS” and that Retrogen assumes no responsibility for the timeliness, deletion, mis-delivery, or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Services and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Services.

3. YOUR REGISTRATION OBLIGATIONS

In consideration of your use of the Services, you agree to: (a) provide true, accurate, current, and complete information about yourself as prompted by the Services’ registration forms (such information being the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current, and complete.

If you provide any information that is untrue, inaccurate, not current, or incomplete, or Retrogen has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete; Retrogen has the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof). Retrogen is concerned about the safety and privacy of all its users, particularly children. For this reason, parents of children under the age of 13 who wish to allow their children access to the Services must create a Retrogen Family Account. When you create a Retrogen Family Account and add your child to the account, you certify that you are at least 18 years old and that you are the legal guardian of the child/children listed on the account. By adding a child to your Retrogen Family Account, you also give your child permission to access all of the Services including, email, message boards, clubs, instant messages, and chat (among others). Please remember that the Services are designed to appeal to a broad audience. Accordingly, as the legal guardian, it is your responsibility to determine whether any of the Services and/or content (as defined in Section 6 below) are appropriate for your child.

4. RETROGEN PRIVACY POLICY

Registration data and certain other information about you is subject to our privacy policy. For more information, see our full privacy policy at http://www.retrogen.net/privacy.php.

5. MEMBER ACCOUNT, PASSWORD, AND SECURITY.

You will create a password and member name by completing the Service’s registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account.

You agree to (a) immediately notify Retrogen of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Retrogen cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 5.

6. MEMBER CONDUCT

You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, or other materials (“content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such content originated. This means that you, and not Retrogen, are entirely responsible for all content that you upload, post, email, transmit, or otherwise make available via the Services. Retrogen does not control the content posted via the Services and, as such, does not guarantee the accuracy, integrity, or quality of such content. You understand that by using the Services, you may be exposed to content that is offensive, indecent, or objectionable. Under no circumstances will Retrogen be liable in any way for any content, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the Services.

You agree to not use the Services to:

• Upload, post, email, transmit, or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable
• Harm minors in any way
• Impersonate any person or entity, including, but not limited to, a Retrogen official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity
• Forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Services
• Upload, post, email, transmit, or otherwise make available any content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary, and/or confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements)
• Upload, post, email, transmit, or otherwise make available any content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party
• Upload, post, email, transmit, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation, except in those areas (such as shopping rooms) that are designated for such purpose
• Upload, post, email, transmit, or otherwise make available any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunications equipment
• Disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users of the Services are able to type, or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges
• Interfere with or disrupt the Services, servers, or networks connected to the Services, or disobey any requirements, procedures, policies, or regulations of networks connected to the Services
• Intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange, or the NASDAQ, and any regulations having the force of law
• “Stalk” or otherwise harass another
• Collect or store personal data about other users

You acknowledge that Retrogen does not pre-screen content, but that Retrogen and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any content that is available via the Services. Without limiting the foregoing, Retrogen and its designees shall have the right to remove any content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content. In this regard, you acknowledge that you may not rely on any content created by Retrogen or submitted to Retrogen, including, without limitation, information in Retrogen message boards, Retrogen clubs, and in all other parts of the Services.

You acknowledge and agree that Retrogen may preserve content and may also disclose content if required to do so by law, or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, (b) enforce the TOS, (c) respond to claims that any content violates the rights of third parties, or (d) protect the rights, property, or personal safety of Retrogen, its users, and the public.

You understand that the technical processing and transmission of the Services, including your content, may involve: (a) transmissions over various networks, and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

7. SPECIAL ADMONITIONS FOR INTERNATIONAL USE

Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

8. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICES

Retrogen does not claim ownership of content you submit or make available for inclusion on the Services. However, with respect to content you submit or make available for inclusion on publicly accessible areas of the Services, you grant Retrogen the following world-wide, royalty-free, and non-exclusive license(s), as applicable:

9. INDEMNITY

You agree to indemnify and hold Retrogen and its subsidiaries, affiliates, officers, agents, co-branders, employees, or other partners harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of content you submit, post, transmit, or make available through the Services, your use of the Services, your connection to the Services, your violation of the TOS, or your violation of any rights of another.

10. NO RESALE OF SERVICE

You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Services, use of the Services, or access to the Services for any commercial purposes.

11. GENERAL PRACTICES REGARDING USE AND STORAGE

You acknowledge that Retrogen may establish general practices and limits concerning use of the Services, including, without limitation, the maximum number of days that e-mail messages, message board postings, or other uploaded content will be retained by the Services; the maximum number of e-mail messages that may be sent from or received by an account on the Services; the maximum size of any e-mail message that may be sent from or received by an account on the Services; the maximum disk space that will be allotted on Retrogen’s servers on your behalf; and the maximum number of times (and the maximum duration for which) you may access the Services in a given period of time. You agree that Retrogen has no responsibility or liability for the deletion or failure to store any messages and other communications or other content maintained or transmitted by the Services. You acknowledge that Retrogen reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that Retrogen reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

12. MODIFICATIONS TO SERVICES

Retrogen reserves the right at any time, and from time to time, to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that Retrogen shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services.

13. TERMINATION

You agree that Retrogen, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Services, and remove and discard any content within the Services, for any reason, including, without limitation, for lack of use, or if Retrogen believes that you have violated or acted inconsistently with the letter or spirit of the TOS. Retrogen may also in its sole discretion and at any time discontinue providing the Services, or any part thereof, with or without notice. You agree that any termination of your access to the Services under any provision of this TOS may happen without prior notice; and you further acknowledge and agree that Retrogen may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Services. Further, you agree that Retrogen shall not be liable to you or any third party for any termination of your access to the Services.

14. DEALINGS WITH ADVERTISERS

Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such advertiser. You agree that Retrogen shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Services.

15. LINKS

The Services may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Retrogen has no control over such sites and resources, you acknowledge and agree that Retrogen is not responsible for the availability of such external sites or resources, and does not endorse nor is 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 Retrogen 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, goods, or services available on or through any such site or resource.

16. RETROGEN’S PROPRIETARY RIGHTS

You acknowledge and agree that the Services and any necessary software used in connection with the Services (“Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that content contained in sponsor advertisements or information presented to you through the Services or advertisers is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. Except as expressly authorized by Retrogen or advertisers, you agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Services or the Software, in whole or in part.

Retrogen grants you a personal, non-transferable, and non-exclusive right and license to use the object code of its Software on a single computer, provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in, or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including, without limitation, for the purpose of obtaining unauthorized access to the Services. You agree not to access the Services by any means other than through the interface that is provided by Retrogen for use in accessing the Services.

17. DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

1. YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. RETROGEN EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
2. RETROGEN MAKES NO WARRANTY THAT: (a) THE SERVICES WILL MEET YOUR REQUIREMENTS, (b) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (c) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, (d) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS, AND (e) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
3. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
4. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM RETROGEN OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF SERVICE.

18. LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT RETROGEN SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF RETROGEN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED, OR MESSAGES RECEIVED, OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES; OR (v) ANY OTHER MATTER RELATING TO THE SERVICES.

19. EXCLUSIONS AND LIMITATIONS

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 17 AND 18 MAY NOT APPLY TO YOU.

20. SPECIAL ADMONITION FOR SERVICES RELATING TO FINANCIAL MATTERS

If you intend to create or join any service, receive or request any news, messages, alerts, or other information from the Services concerning companies, stock quotes, investments, or securities, please read the above Sections 17 and 18 again. They go doubly for you. In addition, for this type of information particularly, the phrase “Let the investor beware” is apt. The Service is provided for informational purposes only, and no content included in the Services is intended for trading or investing purposes. Retrogen and its licensors shall not be responsible or liable for the accuracy, usefulness, or availability of any information transmitted or made available via the Services, and shall not be responsible or liable for any trading or investment decisions made based on such information.

21. NOTICES

Notices to you may be made via either e-mail or regular mail. The Services may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you generally on the Services.

22. TRADEMARK INFORMATION

Retrogen, the Retrogen logo, Retrogen trademarks and service marks, and other Retrogen logos and product/service names are trademarks of Retrogen.com (the “Retrogen Marks”). Without Retrogen’s prior permission, you agree not to display or use in any manner, the Retrogen Marks.

23. COPYRIGHTS AND COPYRIGHT AGENTS

Retrogen respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Retrogen’s Copyright Agent the following information:

1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest
2. A description of the copyrighted work or other intellectual property that you claim has been infringed
3. A description of where the material that you claim is infringing is located on the site
4. Your address, telephone number, and e-mail address
5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law
6. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf

Retrogen’s agent for notice of claims of copyright or other intellectual property infringement can be reached as by email: copyright@Retrogen.com.

24. GENERAL INFORMATION

The TOS constitute the entire agreement between you and Retrogen and govern your use of the Services, superceding any prior agreements between you and Retrogen. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, or third-party software. The TOS and the relationship between you and Retrogen shall be governed by the laws of the State of California and by the laws of the United States, without regard to its conflict of law provisions. You and Retrogen agree to submit to the personal and exclusive jurisdiction of the courts located within the county of San Diego, California. The failure of Retrogen to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.

The section titles in the TOS are for convenience only and have no legal or contractual effect.

25. VIOLATIONS

Please report any violations of the TOS to our Customer Care Group.