Updated August 21, 2020
THE INFORMATION ON WWW.QUTENZA.COM IS BEING PROVIDED FOR INFORMATIONAL PURPOSES ONLY. THE SERVICES ARE INTENDED TO BE USED BY RESIDENTS OF THE UNITED STATES ONLY.
THESE TERMS CONTAIN DISCLAIMERS OF WARRANTIES, DISCLAIMERS OF LIABILITY, AND A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER. PLEASE READ THEM CAREFULLY.General
We reserve the right to withdraw or amend our Services, and any service or material we provide on our Services, in our sole discretion without notice. We will not be liable if, for any reason, all or any part of our Services are unavailable at any time or for any period.
If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer, so that others are not able to view or record your password or other personal information. You are responsible for all content submitted and activity that occurs under your account, even if done by third parties who have accessed our Services through your account.
All materials on our Services, including, without limitation, text, software, names, logos, trademarks, service marks, trade names, images, photos, illustrations, audio clips, video clips, and music (“Online Materials”) are copyrighted intellectual property. All usage rights are owned or licensed and controlled by us or our licensors. Subject to your continued compliance with these Terms, we hereby grant you a limited, non-exclusive, non-transferable, non-sublicensable right and license to access and use our Services solely for your personal, non-commercial purposes. You may only continue to use our Services provided that you 1) retain all copyright, trademark and propriety notices, 2) you make no modifications to the Online Materials, 3) you do not use the Online Materials in a manner that suggests an association with any of our products, services, events or brands, and 4) you do not download quantities of Online Materials to a database, server, or personal computer for reuse for commercial purposes. You may not copy, reproduce, republish, upload, post, create derivative works of, publicly display, transmit or distribute Online Materials in any way or for any other purpose unless you get our written permission first. Neither may you add, delete, distort or misrepresent any content on our Services. Any attempts to modify any Online Materials, or to defeat or circumvent our security features is prohibited. You may not access or use our Services for commercial purposes. If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of our Services in breach of these Terms, your right to use our Services will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to our Services, Online Materials or any other content on our Services is transferred to you, and all rights not expressly granted are reserved by us. Any use of our Services not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.Content
The Services are available only for your personal, non-commercial use and provided for informational purposes only. While we make reasonable efforts to do so, we make no representations or warranties of any kind as to the accuracy, currency or completeness of the information and other material made available through the Services, whether provided in text, audio, video, graphical, or other form (the “Content”). In particular, the Content should never be used as a substitute for the advice provided by your physician or other healthcare provider. Do not use or rely on the Content to diagnose or treat a disease or health problem or to delay or decline to seek medical advice. Only your physician or other healthcare provider can determine whether a product referred to on the Services is right for you. Averitas is not responsible or liable for any decisions you may make in reliance on the Content.Third-Party Content and Third-Party Websites
The Services may provide links to websites or resources outside of the Services. Because Averitas has no control over external sites and resources, you acknowledge and agree that Averitas is not responsible for the availability of such sites or resources, and that Averitas does not endorse and is not responsible or liable for any Content, advertising, goods, services or other materials on, available through or provided by such sites or resources.
Your correspondence or business dealings with, or participation in promotions of, any websites that you may find or link to through the Services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such websites. You agree that Averitas 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 links to such websites on the Services.Submissions
If you submit any questions, comments, suggestions, information, ideas, concepts, graphics or other materials to Averitas, whether oral, written, or electronic (collectively, “Submissions”), no confidential or other relationship shall be established between you and Averitas. Your submissions shall be considered non-confidential and shall be the sole and exclusive property of Averitas. Averitas has the right to publish, reproduce, modify, adapt, distribute, transmit to others and otherwise use any submissions for any purpose whatsoever (including, but not limited to, research, development, manufacture, advertising or sale of any products or ingredients incorporating or relying on such submissions), in any media, throughout the world and in perpetuity, and without any compensation, attribution or other obligation to you. You acknowledge that you are responsible for any Submission you make. This means that you (and not we) have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.Copyright
The Services and the Content are protected by copyright as collective works or compilation under the copyright laws of the United States and other countries. All copyrights in the Services are owned by us or by our third-party licensors under the United States Copyright Act and international copyright laws.
You may download Content for your own personal, non-commercial use, and by downloading the Content, you agree to abide by these Terms and any copyright notice or other restrictions contained in or pertaining to such Content. You must keep intact any author attribution, copyright or trademark notice in any such Content that you download.
Except as expressly authorized on these Terms or in writing by Averitas, you are prohibited from publishing, reproducing, distributing, entering into a database, displaying, performing, modifying, creating derivative works, transmitting, or in any way exploiting any part of the Services or Content. Without limitation to the foregoing, you may not use such downloaded Content for any commercial purpose.
Just as Averitas requires users to respect our copyrights, and those of our affiliates and partners, we respect the copyrights of others. If you believe in good faith that your copyrighted work has been reproduced on the Services without authorization in a way that constitutes copyright infringement, you may notify us at email@example.com.Trade and Service Mark Rights
All rights in the product names, company names, trade names, logos, service marks, trade dress, slogans, product packaging, and designs of the Services, whether or not appearing in large print or with the trademark symbol, belong exclusively to Averitas or its licensors and are protected from reproduction, imitation, dilution, or confusing or misleading uses under national and international trademark and copyright laws. The use or misuse of these trademarks or any materials, except as authorized herein, is expressly prohibited, and nothing stated or implied on the Services confers on you any license or right under any patent or trademark of Averitas, its affiliates, or any third party.Prohibited Conduct
You may use our Services only for lawful purposes and in accordance with these Terms. You may not access or use, or attempt to access or use, the Services to take any action that could harm us or any third party, interfere with the operation of the Services, or use the Services in a manner that violates any applicable federal, state, local, or international law (including, without limitation, any laws regarding the export of data or software to and from the U.S. or other countries). For example, and without limitation, you may not:
- Make use of the contents of the Services in any manner that constitutes an infringement of our rights or the rights of other users or third parties, including copyrights.
- Access parts of the Services to which you are not authorized, or attempt to circumvent any restrictions imposed on your use or access of the Services.
- Engage in unauthorized “scraping” or spidering, or harvesting of information, or use any unauthorized automated means to compile information.
- Take any action that imposes an unreasonable or disproportionately large load on our network or infrastructure.
- Use any device, software, or routine to interfere or attempt to interfere with the proper working of the Services or any activity conducted on the Services.
- Attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of the Services.
- Engage in any other conduct that restricts or inhibits any other person from using or enjoying the Services.
- Take any action that violates or threatens our system or network security.
Violations of these Terms may result in civil or criminal liability. We may investigate violations of these Terms and we may also work with law enforcement authorities to prosecute users who violate the Terms.Jurisdictional Issues
The Services, including all product information, are intended for use only by persons in the United States. Averitas makes no representations that the Content on the Services are appropriate for users in countries other than the United States, which countries may have different legal or regulatory requirements or restrictions regarding, or may require different indications for, the sale or use of pharmaceutical products or information. Those who choose to access the Services from locations outside the United States do so on their own initiative and are responsible for compliance with national and local laws, if and to the extent national and local laws are applicable. Nothing herein should be considered a solicitation, promotion or indication for any product that is not permitted by the laws or regulations of the country where you reside.
Also, please note that certain software and data files from the Services may be subject to export controls imposed by the United States government and may not be downloaded or otherwise exported to a country (or a national or resident of a country) upon which the United States government has placed an embargo. If you download or use any such software or data files, you warrant that you are not located in, or a national of, or under the control of, any such country, or a foreign citizen of such country.Termination
Averitas reserves the right, in its sole discretion, immediately and without notice to suspend or terminate the Terms and/or your ability to access the Services. Otherwise applicable sections of the Terms shall survive termination. In addition to any termination rights, we reserve the right to take appropriate legal action, including, without limitation, enforcing and prosecuting any violations of these Terms, for any illegal or unauthorized use of the Terms.
YOU WAIVE AND HOLD US HARMLESS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY US DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER US OR LAW ENFORCEMENT AUTHORITIES.
We assume no liability for any action or inaction regarding transmissions, communications, or content provided by you or anyone else. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.Arbitration; Class Action Waiver
With respect to any and all disputes arising out of or relating to the Services or these Terms, Averitas and you agree to negotiate in good faith and undertake reasonable efforts to cooperate with one another in order to achieve a mutually satisfactory resolution. If you and Averitas do not resolve any dispute by informal negotiation, any other effort to resolve the dispute will be conducted exclusively by binding individual arbitration as described in this section. You are giving up the right to litigate (or participate in as a party or class member) all such disputes in court before a judge or jury.
YOU FURTHER AGREE THAT ANY PROCEEDINGS TO ARBITRATE OR LITIGATE ANY DISPUTE IN ANY FORUM WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS. NEITHER YOU NOR AVERITAS WILL SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION OR IN ANY OTHER PROCEEDING IN WHICH EITHER PARTY ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY. No arbitration or other proceeding will be combined with another without the prior written consent of all parties to all affected arbitrations or proceedings.
Averitas and you agree that all disputes subject to arbitration that cannot be settled through informal negotiation will be resolved exclusively and individually through confidential binding arbitration in accordance with the Consumer Arbitration Rules of the American Arbitration Association. The arbitrator’s award shall be final, subject only to right of appeal under the Federal Arbitration Act, and may be entered and enforced as a judgment in any court of competent jurisdiction. You agree that Averitas may seek any interim or preliminary relief from a court of competent jurisdiction in New Jersey, necessary to protect its rights or property pending the completion of arbitration.
Any claim not subject to arbitration by this section shall be subject to the exclusive jurisdiction of state or federal courts in New Jersey. The parties hereby waive any argument that any such court does not have personal jurisdiction or that the forum is not appropriate or convenient.
To the maximum extent permitted by law, you permanently and irrevocably waive the right to bring any claim in any forum unless you provide Averitas with written notice of the event or facts giving rise to the claim within one (1) year of their occurrence.Disclaimer of Warranties
YOUR USE OF THE SERVICES, THE CONTENT THEREON, AND ANY OTHER ITEMS ACCESSED THROUGH OUR SERVICES IS AT YOUR OWN RISK. OUR SERVICES, THE CONTENT THEREON, AND ANY OTHER PRODUCTS OR ITEMS OBTAINED THROUGH OUR SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. AVERITAS MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED (A) THAT THE SERVICES OR CONTENT WILL BE FREE FROM ERROR, OMISSION, INACCURACIES, INTERRUPTION, DEFECT, OR DELAY IN OPERATION, (B) THAT THE SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, (C) THAT DEFECTS OR ERRORS IN THE SERVICES WILL BE CORRECTED, OR (D) THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, AVERITAS DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY LAW ANY AND ALL (A) WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, (B) WARRANTIES AGAINST INFRINGEMENT OF ANY THIRD-PARTY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS, (C) WARRANTIES RELATING TO THE TRANSMISSION OR DELIVERY OF THE SERVICES, (D) WARRANTIES RELATING TO THE ACCURACY, RELIABILITY, CORRECTNESS, TIMELINESS OR COMPLETENESS OF THE CONTENT, INCLUDING ALL INFORMATION OR OTHER MATERIAL MADE AVAILABLE ON THE SERVICES OR OTHERWISE BY AVERITAS, AND WARRANTIES OTHERWISE RELATING TO PERFORMANCE, NONPERFORMANCE, OR OTHER ACTS OR OMISSIONS BY AVERITAS OR ANY THIRD PARTY. THE CONTENT AND SERVICES ARE SUBJECT TO CHANGE WITHOUT NOTICE.
To the extent allowed by law, neither Averitas, nor any of its service providers, information providers, licensors, employees, officers, directors, members, assignees, or agents shall have any liability for incidental, consequential, indirect, exemplary, punitive, or special damages suffered by you or any other party arising out of or related to your use of our Services, published programs, videos, services or products, or your purchase of services or products from Averitas via our Services or otherwise.Limitation of Liability
IN NO EVENT WILL AVERITAS OR ITS AFFILIATES OR ANY PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES, INCLUDING BUT NOT LIMITED TO LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS, BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES, UNDER ANY LEGAL THEORY, INCLUDING BUT NOT LIMITED TO DAMAGES OR INJURY CAUSED BY ANY:
- USE OF (OR INABILITY TO USE) OUR SERVICES OR OUR ONLINE MATERIALS
- USE OF (OR INABILITY TO USE) ANY WEBSITE TO WHICH YOU HYPERLINK FROM OUR WEBSITE
- FAILURE OF OUR SERVICES TO PERFORM IN THE MANNER YOU EXPECTED OR DESIRED
- ERROR ON OUR SERVICES; OMISSION ON OUR SERVICES; INTERRUPTION OF AVAILABILITY OF OUR SERVICES; DEFECT ON OUR SERVICES; DELAY IN OPERATION OR TRANSMISSION OF OUR SERVICES; COMPUTER VIRUS OR LIKE FAILURE; DAMAGES INTENDED TO COMPENSATE SOMEONE DIRECTLY FOR A LOSS OR INJURY
- PUNITIVE DAMAGES
- DAMAGES REASONABLY EXPECTED TO RESULT FROM A LOSS OR INJURY (KNOWN IN LEGAL TERMS AS “CONSEQUENTIAL DAMAGES”)
- OTHER MISCELLANEOUS DAMAGES AND EXPENSES RESULTING DIRECTLY FROM A LOSS OR INJURY (KNOWN IN LEGAL TERMS AS “INCIDENTAL DAMAGES”)
WE ARE NOT LIABLE EVEN IF WE’VE BEEN NEGLIGENT OR IF OUR AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR BOTH.
EXCEPTION: CERTAIN STATE LAWS MAY NOT ALLOW US TO LIMIT OR EXCLUDE LIABILITY FOR THESE “INCIDENTAL” OR “CONSEQUENTIAL” DAMAGES. IF YOU LIVE IN ONE OF THOSE STATES, THE ABOVE LIMITATION OBVIOUSLY WOULD NOT APPLY WHICH WOULD MEAN THAT YOU MIGHT HAVE THE RIGHT TO RECOVER THESE TYPES OF DAMAGES.
HOWEVER, IN ANY EVENT, OUR LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, INJURIES, AND CLAIMS OF ANY AND EVERY KIND (WHETHER THE DAMAGES ARE CLAIMED UNDER THE TERMS OF A CONTRACT, OR CLAIMED TO BE CAUSED BY NEGLIGENCE OR OTHER WRONGFUL CONDUCT, OR THEY’RE CLAIMED UNDER ANY OTHER LEGAL THEORY) WILL NOT BE GREATER THAN THE AMOUNT YOU PAID, IF ANYTHING, FOR THE USE OF THE SERVICES.Indemnification
You agree to defend, indemnify, and hold harmless Averitas and its parent, subsidiaries, and affiliates, and their owners, directors, officers, managers, employees, shareholders, agents, and licensors, from and against all losses, expenses, damages, fees and costs, including reasonable attorneys’ fees, resulting from any violation of the Terms. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this Section. In such event, you shall provide us with such cooperation as is reasonably requested by us.Present or Future Employment with Averitas
Should you become employed with Averitas, none of the information or materials on the Services shall constitute or be considered part of an employment contract or an employee manual or handbook. Nothing stated or represented on the Services shall affect the employment relationships between Averitas and its current, former, or future employees.Miscellaneous
Supplemental Terms. When using the Service, you are subject to any posted guidelines, rules, or supplemental terms applicable to such services or features, as may be posted from time to time. All such guidelines, rules, or terms are hereby incorporated by reference into the Terms.
No Waiver. The failure of Averitas to enforce any provisions of the Terms or to respond to a breach by you or other parties shall not in any way waive its rights to enforce subsequently any terms or conditions of the Terms or to act with respect with similar breaches.
No Partnership. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Averitas as a result of these Terms or your access to and use of the Services.
Governing Law. This Agreement shall be governed by the laws of the United States and the State of Delaware. By using the Services, you waive any claims that may arise under the laws of other states, countries, territories or jurisdictions.
Entire Agreement. Unless otherwise specified herein, the Terms constitute the entire agreement between you and Averitas and govern your use of the Services. If any portion of the Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect.Contacting Us
If you have any questions or comments about the Terms, or if you would like to report any violations of the Terms, please contact us at firstname.lastname@example.org.
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