Changes & Effective Date
ETS may change, add, or remove some or all of the content on the Site at any time. We may also make changes to these Terms, which will be posted to this page and will become effective immediately upon posting. For this reason, we urge you to read these Terms each time you visit our Site.
The Effective Date of these Terms is September 23, 2020.
The information and content (collectively, “Content”) on this Site is for your general educational information only. The Content does not, and is not intended to, provide legal, financial, health care coverage, medical or any other type of advice. The Content may include information regarding therapeutic alternatives for certain medical conditions and may describe uses for products or therapies that have not been approved by the Food and Drug Administration. In addition, although our goal is to provide accurate information, due to the ever-changing nature of medical research and health care information, certain information on this website may not be accurate or up to date. None of the Content on this Site represents or warrants that any particular drug, therapy or treatment is safe, appropriate or effective for you. You should always confirm all health-related information with your health care professionals.
We control and operate this Site from the United States of America. This Site is intended for a United States audience and use by United States residents only. This Site contains information regarding ETS products and services available within the United States. If you are a non-U.S. resident, you may access this Site solely at your own risk and you are responsible for compliance with local laws and regulations, if applicable. If you live outside the U.S., you may see information on this Site about products or therapies that are not available or authorized in your country.
License to use this Site and Content ownership
Subject to these Terms, the Company grants you a personal, nontransferable, nonexclusive, revocable, limited license to view the
Content on the Site for the sole purpose of collecting information regarding our services and operations. You may also print a reasonable number of copies of the Content for your personal use, but in such case, you must reproduce all proprietary copyright and trademark notices. All rights, title and interest in and to the Site, including the Content, and all intellectual property rights, including all copyright, trademark, patent and trade secret rights therein shall remain with the Company and our licensors and vendors, and no ownership interest is transferred to you or any other entity by virtue of making the Content available on the Site, granting the foregoing licenses or entering into this Agreement. Your right to use the Site is personal to you. You agree not to reproduce, duplicate, copy, sell or resell the Site, without the express written consent of ETS.
We may terminate this license at any time for any reason. If you breach any of these Terms, your license to the Content terminates immediately. Upon the termination of this license you must stop using this Site, including all Content, and return or destroy all copies, including electronic copies, of the Content in your possession or control.
Restrictions on use of this Site
- not to use this Site or Content in any way not explicitly permitted by these Terms or the text of the Site itself;
- not to copy, modify or create derivative works involving the Content, except you may print a reasonable number of copies for your personal use, provided that you reproduce all proprietary copyright and trademark notices;
- not to misrepresent your identity or provide us with any false information in any information-collection portion of this Site, such as a registration or application page;
- not to take any action intended to interfere with the operation of this Site;
- not to access or attempt to access any portion of this Site to which you have not been explicitly granted access;
- not to directly or indirectly authorize anyone else to take actions prohibited in this section;
Posting messages, comments, or other content
Certain portions of this Site may be configured to permit users to post messages, comments, or other content. Any such content is only the opinion of the poster, is no substitute for your own research, and should not be relied upon for any purpose. You agree not to post any content:
- which is profane, libelous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory, or otherwise objectionable; or
- the transmission of which could violate, or facilitate the violation of, any applicable law, regulation, or intellectual property rights.
You are solely responsible for the content of any postings you submit, and the Company assumes no responsibility or liability for any content submitted by you or any other Site visitor. We may, but are not obligated to, restrict or remove any and all content from a message that we determine in our sole discretion violates these Terms or is otherwise harmful to us, our customers, or any third party. We reserve the right to remove the content you provide at any time, but you understand that we may preserve and access a backup-copy, and we may disclose the content if required to do so by law or in a good faith belief that such access, preservation, or disclosure is required by law or in the best interests of the Company.
Any content you submit is for non-commercial use only. Any content you submit may be routed through the Internet and you understand and acknowledge that you have no expectation of privacy with regard to any content you submit. Never assume that you are anonymous and cannot be identified by your posts.
If you do post content or submit material, and unless we indicate otherwise, you grant the Company a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant the Company and any of its sublicensees the right to use the name that you submit in connection with such content if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate these Terms and will not cause injury to any person or entity; and that you will indemnify the Company or its affiliates for all claims resulting from content you supply.
All the trademarks, service marks and logos displayed on this Site are registered and unregistered trademarks of ETS, its affiliates or subsidiaries, or third parties who have licensed their trademarks to ETS or one of its affiliates or subsidiaries. In addition, all content, including but not limited to text, software, music, sound, photographs, video, graphics or other material contained on this Site or in commercially produced information presented to you through the Site by ETS, its affiliates or ETS’ third party licensors is protected by copyright, patents or other proprietary agreements and laws and you are only permitted to use it as expressly authorized by ETS, its affiliates or its licensors. Nothing contained herein transfers any right, title, or interest in the Site or the Content to you.
Additionally, certain products, services, or company names other than ETS may be mentioned in the Site for identification purposes only. In instances where ETS is aware that such product, service, or company name is subject to a claim for a trademark or service mark, the text will so indicate. However, you should contact the appropriate companies for more complete information regarding such designations and their registration status.
ALL CONTENT ON THIS WEBSITE IS PROVIDED TO YOU ON AN “AS IS”, “AS AVAILABLE” BASIS. THE COMPANY, ALL THIRD PARTIES, IF ANY, PROVIDING CONTENT FOR THIS WEBSITE, AND ALL THIRD PARTIES PROVIDING SUPPORT OR INFORMATION FOR THIS WEBSITE (COLLECTIVELY, “WEBSITE-RELATED-PARTIES”) HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
THE WEBSITE-RELATED-PARTIES MAKE NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, TIMELINESS, CORRECTNESS, OR
RELIABILITY OF ANY CONTENT AVAILABLE THROUGH THIS WEBSITE. WITHOUT LIMITING THE FOREGOING, THE WEBSITE-RELATEDPARTIES SPECIFICALLY DO NOT REPRESENT OR WARRANT THAT ANY INFORMATION REGARDING PARTICULAR PLAN BENEFITS OR SCOPE OF COVERAGE IS ACCURATE OR COMPLETE. THE WEBSITE-RELATED-PARTIES MAKE NO REPRESENTATIONS OR WARRANTIES THAT USE OF THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE
OR THE TECHNOLOGY THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ARE RESPONSIBLE FOR TAKING ALL PRECAUTIONS NECESSARY TO ENSURE THAT ANY CONTENT YOU MAY OBTAIN FROM THIS WEBSITE IS FREE OF VIRUSES AND ANY OTHER POTENTIALLY DESTRUCTIVE COMPUTER CODE.
Some states do not allow limitations on implied warranties, so one or more of the above limitations may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.
Limitation of liability & Indemnification
You agree that none of the Website-Related-Parties, including ETS, shall be liable for any damage resulting from your use or inability to use this Site or the content. This protection covers claims based on warranty, contract, tort, strict liability, and any other legal theory. This protection covers the Website-Related-Parties, including all affiliates, and their officers, directors, employees, and agents. This protection covers all losses including, without limitation, direct or indirect, special, incidental, consequential, exemplary, and punitive damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption. The total, cumulative, liability of the Website-Related-Parties, including all affiliates, and their officers, directors, employees, and agents, if any, for losses or damages shall be limited to the amount of your actual damages, not to exceed US$100.00. The limit of liability may not be effective in some states. In no event shall the Website-Related-Parties, including all affiliates, and their officers, directors, employees, and agents, be liable to you for any losses or damages other than the amount described above. All other damages, direct or indirect, special, incidental, consequential, exemplary, or punitive, resulting from any use of the Site or content are excluded even if the Website-Related-Parties have been advised of the possibility of such damages. You agree that you use this Site at your own risk. If you are dissatisfied with this Site or the content, your sole and exclusive remedy is to discontinue using the Site.
You agree to defend and indemnify, the Website-Related-Parties and their subsidiaries, affiliates, officers, directors, employees, and agents, harmless from any claim, demand, or damage, including reasonable attorneys’ fees, arising out of or related to your breach of this Agreement or your use or misuse of the Content or Site.
Governing law & Statutes of Limitations
The laws of the State of Minnesota govern these Terms and any cause of action arising under or relating to your use of the Site, without reference to its choice-of-law principles. You agree that the only proper jurisdiction and venue for any dispute with the Company, or in any way relating to your use of this Site, is in the state and federal courts in the State of Minnesota, U.S.A. You further agree and consent to the exercise of personal jurisdiction in these courts in connection with any dispute involving the Company or its employees, officers, directors, agents, and providers. If any provision of these Terms is determined to be invalid under any applicable statute or rule of law, such provision is to that extent to be deemed omitted, and the balance of the Agreement shall remain enforceable.
Before seeking legal recourse for any harm you believe you have suffered arising from or related to your use of this Site, you agree to inform us in writing and to give us 30 days to cure the harm before initiating any action. You must initiate any cause of action within one year after the claim has arisen, or you will be barred from pursuing any cause of action.
To contact us regarding these Terms or the operation of the Site itself, contact us at email@example.com.
If any provision of the Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any of these Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
By accessing this Site or registering with ETS, you agree to all the terms and conditions of these Terms. You acknowledge (a) that you have read and understood these Terms; and (b) that these Terms have the same force and effect as a signed agreement.
© 2020 Emerging Therapy Solutions, Inc. All Rights Reserved. AP-10059v0 0920. ETS and LifeTrac are trademarks of Emerging Therapy Solutions, Inc. All other trademarks referenced herein are the property of their respective owners. Links to third-party websites are provided solely for your convenience and information purposes only. We are not responsible for the information contained on third party websites.