Legal
Terms of Website Use
These Terms and Conditions of Use (the “Terms of Use”) apply to the official web assets owned and operated by Yiheng Inc. (“Yiheng”, the “Company”, “we”, “us”, or “our”), including all associated websites and online properties linked to this site by Yiheng Inc., its parent entity, subsidiaries, and affiliates (collectively, the “Site”).
THE SITE IS THE PROPERTY OF YIHENG INC. AND ITS LICENSORS. BY ACCESSING OR USING THE SITE, YOU AGREE TO THESE TERMS OF USE. IF YOU DO NOT AGREE, DO NOT ACCESS OR USE THE SITE.
Yiheng Inc. reserves the right, at its sole discretion, to change, modify, add, or remove portions of these Terms of Use at any time. It is your responsibility to review these Terms of Use periodically for updates. Your continued use of the Site following the posting of changes constitutes your acceptance of and agreement to the modifications. Conditioned upon your strict compliance with these Terms of Use, Yiheng Inc. grants you a personal, non-exclusive, non-transferable, limited, and revocable privilege to enter and use the Site.
1. Intellectual Property & Content
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, audio, video, artwork, and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel,” and arrangement of such Content contained on the Site, is owned, controlled, or licensed by or to Yiheng Inc., and is protected by United States and international copyright, trademark, trade dress, patent, and unfair competition laws.
Except as expressly provided in these Terms of Use, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, or distributed in any way to any other computer, server, website, or other medium for publication, distribution, or any commercial enterprise, without Yiheng Inc.’s express prior written consent.
2. Permitted Use & Restrictions
Automated Retrieval & Scraping
You may not use any “deep-link,” “page-scrape,” “robot,” “spider,” or other automatic device, program, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the Site or Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site.
Unauthorized Access
You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any server used by Yiheng Inc., by hacking, password “mining,” or any other illegitimate means.
Security & Vulnerability
You may not probe, scan, or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site.
Infrastructure Load
You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or Yiheng Inc.’s systems or networks.
Lawful Purposes
You agree not to use the Site or any Content for any purpose that is unlawful, fraudulent, or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Yiheng Inc. or others.
3. Third-Party Links
This Site may contain links to independent third-party websites (“Linked Sites”). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under Yiheng Inc.’s control, and Yiheng Inc. is not responsible for, nor does it endorse, the content, privacy policies, or practices of any Linked Sites. You must exercise your own independent judgment regarding your interaction with these Linked Sites.
4. Privacy & Data Transmission
Yiheng Inc.’s Privacy Policy applies to the use of this Site, and its terms are made a part of these Terms of Use by this reference. By using the Site, you acknowledge and agree that internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
5. Disclaimer of Warranties
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE AND ALL CONTENT, PRODUCTS, AND SERVICES DELIVERED TO YOU THROUGH THE SITE ARE PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
YIHENG INC. EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, COMPLETENESS, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. YIHENG INC. DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE, OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. YIHENG INC. DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS, AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE. YOUR SOLE REMEDY AGAINST YIHENG INC. FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE.
6. Limitation of Liability
EXCEPT WHERE PROHIBITED BY LAW, IN NO EVENT WILL YIHENG INC., ITS PARENT ENTITY, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOSS OF BUSINESS REPUTATION, OR LOSS OF DATA, EVEN IF YIHENG INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IF, NOTWITHSTANDING THE OTHER PROVISIONS OF THESE TERMS OF USE, YIHENG INC. IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE, YIHENG INC.’S AGGREGATE LIABILITY SHALL IN NO EVENT EXCEED THE GREATER OF: (1) THE TOTAL FEES PAID BY YOU TO YIHENG INC. IN THE SIX (6) MONTHS PRIOR TO THE INITIAL CLAIM; OR (2) US $100.00. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS OF LIABILITY, SO THE FOREGOING LIMITATION MAY NOT APPLY TO YOU IN ITS ENTIRETY.
7. Indemnification
You agree to defend, indemnify, and hold harmless Yiheng Inc., its parent company, subsidiaries, affiliates, officers, directors, shareholders, predecessors, successors in interest, employees, and agents from and against any demands, loss, liability, claims, or expenses (including reasonable attorneys’ fees), made against Yiheng Inc. by any third party due to or arising out of or in connection with your misuse of the Site or your violation of these Terms of Use.
8. Digital Millennium Copyright Act (DMCA) Notice
Yiheng Inc. respects the intellectual property rights of others. If you believe that material located on or linked to by the Site infringes your copyright, you may notify us in accordance with the Digital Millennium Copyright Act (17 U.S.C. § 512). Your written notice must provide:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled;
- Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and email address;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner.
9. Governing Law & Dispute Resolution
You agree that all matters relating to your access to or use of the Site, including all disputes, claims, or controversies, will be governed by the laws of the State of North Carolina, without regard to its conflicts of laws provisions. You expressly agree and submit to the personal and exclusive jurisdiction of, and venue in, the state and federal courts located in Wake County, North Carolina (including the U.S. District Court for the Eastern District of North Carolina), and waive any objection to such jurisdiction or venue.
10. Miscellaneous
Entire Agreement & Severability
These Terms of Use constitute the entire agreement between you and Yiheng Inc. with regard to your use of the Site. If any provision of these Terms of Use is held by a court of competent jurisdiction to be void, illegal, or unenforceable, such provision shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use shall remain in full force and effect.
No Waiver
Yiheng Inc.’s failure to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by Yiheng Inc. of any provision or any right it has to enforce these Terms of Use.
Feedback & Unsolicited Ideas
Any feedback, notes, or suggestions you provide at this Site shall be deemed to be non-confidential. Yiheng Inc. shall be free to use, modify, and commercialize such information on an unrestricted, royalty-free, and perpetual basis without any compensation or attribution to you.