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Effective: 1 January 2021
These Website Terms and Conditions of Use are entered into between You (used interchangeably throughout the Terms of Use as “you”, “You”, “your”, and “Your”) and AEPIOS, LLC, a Delaware limited liability company (used interchangeably throughout the Terms of Use as the “Company,” “we,” “us,” or “our” and collectively with You, the “parties”). The following Website Terms and Conditions of Use, together with its terms and conditions, and any documents expressly incorporated by reference in these Website Terms and Conditions of Use (collectively with such documents, and as amended or changed from time to time in accordance with these Website Terms and Conditions of Use, the “Terms of Use“), govern your access to and use of http://www.aepios.com, including any content, functionality, and services offered on or through http://www.aepios.com (the “Website“), whether as a guest or a member.
Please read the Terms of Use carefully before you start to use the Website. It constitutes an agreement between you and Company. By using the Website, or by clicking to accept or agree to the Terms of Use should this option be made available to you, you accept and agree to be bound and abide by the Terms of Use and our Website Privacy Policy, found at [https://aepios.eitdev.com/privacy-policy/] (the “Privacy Policy”), incorporated herein by reference, and further acknowledge that you understand the Terms of Use and our Privacy Policy. If you do not want to agree to the Terms of Use or our Privacy Policy, you shall not access or use the Website. As such, your use (or continued use) of the Website is conditioned upon your: (a) acceptance of the Terms of Use and our Privacy Policy; (b) your agreeing to be bound by and abide by the Terms of Use and our Privacy Policy; and (c) your acknowledgement of understanding the Terms of Use and our Privacy Policy.
The Company is committed to protecting the privacy of children and anyone under 16 years of age. This Website is offered and available to users who are 16 years of age or older and reside in the United States or any territories or possessions of the United States within its jurisdiction and is not intended or designed to attract children and anyone under 16 years of age. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. You shall not access or use the Website if you do not meet the requirements described in this Section 1.02.
The owner of the Website is based in the United States. We provide this Website for use only by persons located in the United States or any territories or possessions of the United States within its jurisdiction. We make no claims that the Website or any of its content, functionality, or services will be accessible or appropriate outside of the United States or any territories or possessions of the United States within its jurisdiction. Access to the Website may not be legal by certain persons or in certain countries, especially countries outside the jurisdiction of the United States. IF YOU ACCESS THE WEBSITE FROM OUTSIDE THE UNITED STATES, OR FROM OUTSIDE ANY TERRITORIES OR POSSESSIONS OF THE UNITED STATES WITHIN ITS JURISDICTION, YOU DO SO ON YOUR OWN INITIATIVE AND AT YOUR OWN RISK AND ARE SOLELY RESPONSIBLE FOR COMPLIANCE WITH ANY LOCAL LAWS.
(a) We may, on one or more occasion and without prior notice to you, revise and update the Terms of Use (as used throughout this Section 1.04, “Changes”). All Changes are effective immediately when we post them and will apply to all access to and use of the Website thereafter; provided, however that any Changes to the dispute resolution provisions set out in Article VI will not apply to any disputes for which the parties have actual notice before the date the Changes are posted on the Website. Generally, the effective dates of Changes will be recorded in Article VIII.
(b) Your continued use of the Website following the posting of Changes, regardless of whether such Changes are recorded in Article VIII, means that you accept and agree to such Changes. We recommend that you check this page from time to time so you are aware of any Changes, which will remain binding on you.
(a) We may, on one or more occasion and without prior notice to you: (1) withdraw or amend (a) this Website, and (b) any of the content, functionality, or services provided on this Website; and (2) restrict access by users and members to (a) some parts of the Website, or (b) the entire Website. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period.
(b) You shall be responsible for: (A) making all arrangements necessary for you to have access to the Website; and (B) ensuring that all persons who access the Website through your internet connection are (i) aware of the Terms of Use and our Privacy Policy, and (ii) comply with the Terms of Use and our Privacy Policy.
(a) Your becoming a member and accessing certain areas of the Website reserved for members is conditioned upon the following eligibility requirements, in addition to other eligibility requirements described in the Terms of Use:
(b) The Company deems all members as users of the Website, subject to the provisions of these Terms and Conditions and our Privacy Policy. By becoming a member, or continuing to maintain your account and member profile, you acknowledge that you have read, understood, and accepted the Terms of Use and our Privacy Policy.
(a) We may condition your access to the Website or certain parts of the Website upon your providing certain registration details or other information to us to become a member. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete. You agree that all information you provide to register with this Website or otherwise (including, through the use of any interactive features on the Website) (1) remains subject to the Terms of Use, (2) is governed by the Privacy Policy, and (3) you consent to all actions we take with respect to your information consistent with the Terms of Use and our Privacy Policy.
(b) If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures (including information related to your becoming a member), the following will apply:
(a) You shall use the Website only for lawful purposes and in accordance with the Terms of Use and the Privacy Policy. You shall not use the Website for any of the following prohibited uses:
(a) The Website may contain articles, health support groups, message boards, chat rooms, personal web pages or member profiles, forums, bulletin boards, albums, and other interactive features (collectively, the “Interactive Services“) that allow users to post, submit, publish, display, or transmit to other users (including other members) or other persons (as used in this Section 2.01 and Section 2.02, “post“) articles, content or materials on or through the Website, or to be published or displayed (hereinafter, “posted”) on certain areas of the Website (including public areas) or transmitted to other users of the Website or third parties (collectively with “post”, the “User Contributions“).
(b) All User Contributions are subject to our Privacy Policy (for more information, see Section 2.02 of the Privacy Policy) and must comply with the Content Standards set out in the Terms of Use and described in Section 2.03 (the “Content Standards”). If you use Interactive Services to post on or through the Website, you shall comply with our Content Standards.
(c) Any User Contribution you post to the Website will be deemed as non-confidential and non-proprietary information. By providing any User Contribution on the Website, you grant us and our affiliates, subsidiaries, and service providers, and each of their and our respective licensees, successors, and assigns, the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material.
(d) If you use Interactive Services to post on or through the Website (including to post User Contributions), you represent and warrant that:
(e) You understand and acknowledge that you are responsible for any User Contributions that you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
(f) WE ARE NOT RESPONSIBLE OR LIABLE TO ANY THIRD PARTY FOR THE CONTENT OR ACCURACY OF ANY USER CONTRIBUTIONS POSTED BY YOU OR ANY OTHER USER OF THE WEBSITE.
We may, on one or more occasion and without prior notice to you:
Without limiting the discretions enumerated above, we may cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU SHALL WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, SUBSIDIARIES, LICENSEES, AND SERVICE PROVIDERS, AND EACH OF THEIR RESPECTIVE LICENSEES, SUCCESSORS, AND ASSIGNS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, ANY INVESTIGATIONS BY SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
BECAUSE WE CANNOT UNDERTAKE TO REVIEW ALL CONTENT, POSTS, OR USER CONTRIBUTIONS BEFORE ANY OF THE FOREGOING ARE POSTED ON THE WEBSITE, AND BECAUSE WE CANNOT ENSURE PROMPT REMOVAL OF OBJECTIONABLE MATERIAL AFTER IT HAS BEEN POSTED, WE ASSUME NO LIABILITY FOR ANY ACTION OR INACTION REGARDING TRANSMISSIONS, COMMUNICATIONS, OR CONTENT PROVIDED BY ANY USER OR THIRD PARTY. WE HAVE NO LIABILITY OR RESPONSIBILITY TO ANYONE FOR PERFORMANCE OR NONPERFORMANCE OF THE ACTIVITIES DESCRIBED IN THIS Section 2.02.
(a) The following Content Standards apply to all User Contributions and any use of Interactive Services. User Contributions must comply with the Terms of Use, our Privacy Policy, and all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:
(b) If you believe that any User Contributions violate your copyright, please see our Copyright Policy described in Article IV for instructions on sending us a notice of copyright infringement. It is the policy of the Company to, upon the advice of its legal representatives, terminate any membership belonging to any member that we or our legal counsel determine is a repeat infringer.
SUBJECT TO THE DISCLAIMERS, LIMITATIONS, AND INDEMNIFICATION OBLIGATIONS SET FORTH IN Article V, THE INFORMATION PRESENTED ON OR THROUGH THE WEBSITE IS MADE AVAILABLE SOLELY FOR GENERAL INFORMATION PURPOSES. WE DO NOT WARRANT THE ACCURACY, COMPLETENESS, OR USEFULNESS OF THIS INFORMATION. ANY RELIANCE YOU PLACE ON SUCH INFORMATION IS STRICTLY AT YOUR OWN RISK. WE DISCLAIM ALL LIABILITY AND RESPONSIBILITY ARISING FROM ANY RELIANCE PLACED ON SUCH MATERIALS BY YOU OR ANY OTHER VISITOR TO THE WEBSITE, OR BY ANYONE WHO MAY BE INFORMED OF ANY OF ITS CONTENTS.
THIS WEBSITE MAY INCLUDE CONTENT PROVIDED BY THIRD PARTIES, INCLUDING MATERIALS PROVIDED BY OTHER USERS (INCLUDING MEMBERS), BLOGGERS, AND THIRD-PARTY LICENSORS, SYNDICATORS, AGGREGATORS, AND REPORTING SERVICES. ALL STATEMENTS AND OPINIONS EXPRESSED IN THESE MATERIALS, AND ALL ARTICLES AND RESPONSES TO QUESTIONS AND OTHER CONTENT, OTHER THAN THE CONTENT PROVIDED BY THE COMPANY, ARE SOLELY THE OPINIONS AND THE RESPONSIBILITY OF THE PERSON OR ENTITY PROVIDING THOSE MATERIALS. THESE MATERIALS DO NOT NECESSARILY REFLECT THE OPINION OF THE COMPANY. THE COMPANY AND ITS AFFILIATES, SUBSIDIARIES, LICENSEES, AND SERVICE PROVIDERS, AND EACH OF THEIR RESPECTIVE LICENSEES, SUCCESSORS, AND ASSIGNS, SHALL NOT BE RESPONSIBLE, OR LIABLE TO YOU OR ANY THIRD PARTY, FOR THE CONTENT OR ACCURACY OF ANY MATERIALS PROVIDED BY ANY THIRD PARTIES.
We may, on one or more occasion, update the content, functionality, and services (including Interactive Services) on this Website, but its content is not necessarily complete or up-to-date. Any of the content, functionality, and services (including Interactive Services) on the Website may be out of date at any given time, and we shall not have any obligation to update such content, functionality, and services (including Interactive Services).
All information we collect on this Website is subject to our Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with our Privacy Policy.
You shall not disclose to any person or entity Personal Information (as that terms is defined in the Privacy Policy) about other users (including members) that you encounter while using the Website, or obtain in any way related to your using the Website, without the prior written consent of other such users or members.
(a) You may link to the homepage of our Website only; provided, however that you do so in a way that is fair and legal, and does not damage our reputation or take advantage of it. Subject to the foregoing, (1) you shall not establish a link in such a way that suggests any form of association, approval, or endorsement on our part and (2) subject to this Section 2.07, upon our request, you shall cooperate with us in the removal of any such link.
(b) The Website may provide certain social media features that enable you to:
(c) You may use these features solely as they are provided by us and solely with respect to the content they are displayed with, each remaining subject to the Content Standards. Subject further to the foregoing, you must not:
(d) The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in the Terms of Use.
(e) You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.
(f) We may, without prior notice to you, disable all or any social media features and any links on the Website.
If the Website contains links to other sites and resources provided by third parties, these links are provided primarily for your convenience. This may include links contained in advertisements, including banner advertisements and sponsored links. WE HAVE NO CONTROL OVER THE CONTENTS OF THOSE SITES OR RESOURCES AND ACCEPT NO RESPONSIBILITY FOR THEM OR FOR ANY LOSS OR DAMAGE THAT MAY ARISE FROM YOUR USE OF THEM. IF YOU DECIDE TO ACCESS ANY OF THE THIRD-PARTY WEBSITES LINKED TO THIS WEBSITE, YOU DO SO ENTIRELY AT YOUR OWN RISK AND SUBJECT TO THE TERMS AND CONDITIONS OF USE FOR SUCH THIRD-PARTY WEBSITES. YOU SHALL WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, SUBSIDIARIES, LICENSEES, AND SERVICE PROVIDERS, AND EACH OF THEIR RESPECTIVE LICENSEES, SUCCESSORS, AND ASSIGNS FOR ANY LOSS OR DAMAGE THAT MAY ARISE FROM YOUR USE OF SUCH LINKS.
(a) The Website and all of its content, functionality (including all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), and services (including the Interactive Features) are owned by the Company and its affiliates and subsidiaries, its licensors, or other providers of such material, and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
(b) The Terms of Use permit you to use the Website for your personal, non-commercial use only. You shall not:
(c) If you wish to make any use of material on the Website other than that set out in this Section 3.01, please address your request to: [email protected]; and [email protected].
(d) If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in violation of any of the provisions of the Terms of Use and our Privacy Policy, (A) your right to use the Website will be revoked immediately and terminate automatically, and (B) you shall, at our option, return or destroy any copies of any materials you have made. No right, title, or interest in or to the Website, or any content on the Website, is or will be transferred to you. All rights not expressly granted are reserved by the Company and its affiliates and subsidiaries. The Company may deem any use of the Website which is not expressly permitted by the provisions of the Terms of Use and our Privacy Policy to be a breach of the Terms of Use and our Privacy Policy. Subject to the foregoing, such use could be in violation of copyright, trademark, and other laws, which the Company or its legal representatives may determine on one or more occasion.
The Company name, the terms “AEPIOS”, the Company logo () and all related names, logos, product and service names, designs, trade dress, and slogans are trademarks of the Company and its affiliates and subsidiaries, or licensors (the “Marks”). You shall not use the Marks without the prior written permission of the Company. All other names, logos, product and service names, designs, trade dress, and slogans on this Website are the trademarks of their respective owners.
(a) We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from this Website infringe your copyright, you may request removal of those materials (or access to them) from the Website by submitting written notification to our Copyright Agent (designated and defined below). In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA“), the written notice (the “DMCA Notice“) must include substantially the following information:
(b) Our designated copyright agent (the “Copyright Agent”) to receive DMCA Notices is:
DOM LAW, PA
ATT: Domenick Lazzara, Esquire
1814 North 15th Street
Tampa, Florida 33605
P: 813.606.5036
F: 813.606.5336
With a copy to:
AEPIOS, LLC
c/o DOM LAW, PA
1814 North 15th Street
Tampa, Florida 33605
(c) If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.
Please be aware that if you knowingly materially misrepresent that material or activity on the Website is infringing your copyright, you may be held liable for damages (including legal fees and costs) under Section 512(f) of the DMCA.
(a) If you believe that material you posted on the Website was removed or access to it was disabled by mistake or misidentification, you may file a counter notification with us (a “Counter Notice“) by submitting written notification to the Copyright Agent. Pursuant to the DMCA, the Counter Notice must include substantially the following:
(b) Our designated agent to receive Counter Notices is the Copyright Agent identified in Section 4.01. The DMCA allows us to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within ten business days of receiving the copy of your Counter Notice.
Please be aware that if you knowingly materially misrepresent that material or activity on the Website was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
It is the policy of the Company to, upon the advice of its legal representatives, terminate the member accounts belonging to members that we or our legal representatives determine are repeat infringers.
The Website is intended for education, awareness, empowerment, and support. It provides certain software functions that are intended for general education and facilitating access to commonly used reference information. In accordance with the Federal Drug Administration’s (the “FDA”) Mobile Medical Applications: Guidance for Industry and Food Administration Staff, Appendix A, the Website and its software functions:
“can be patient-specific (i.e., filters information to patient-specific characteristics), but is intended for increased patient awareness, education, and empowerment, and ultimately supports patient-centered health care. These functions are not devices because they are intended generally for patient education, and are not intended for use in the diagnosis of disease or other conditions, or in the cure, mitigation, treatment, or prevention of disease by aiding clinical decision-making (i.e., to facilitate a health professional’s assessment of a specific patient, replace the judgment of a health professional, or perform any clinical assessment).
Examples include software functions that:
Id. (emphasis added). The FDA’s complete Mobile Medical Applications: Guidance for Industry and Food Administration Staff, Appendix A is available at: http://www.fda.gov/media/80958/download .
The Website is not intended to meet the definition of a medical “device” as defined in 21 U.S.C. §321(h). Subject to the foregoing, the Website is not intended for use in (A) the diagnosis of a disease or other condition, or (B) the cure, mitigation, treatment, or prevention of any disease. Your use of the Website presents “minimal risk” according to the FDA, and neither the Company nor the Website are subject to regulation by the FDA because of either (1) its operation of the Website or (2) your use of the Website, its content, or any services or items obtained through the Website. For more information, see the FDA’s Mobile Health Apps Interactive Tool, available at https://www.ftc.gov/tips-advice/business-center/guidance/mobile-health-apps-interactive-tool#ten .
This Website is not intended to serve as a substitute for any medical device, professional medical advice, or medical treatment. We recommend that you always seek the advice of a licensed physician or other qualified health care provider about your health, and do not intend for this Website, or your use of it, to substitute, supplement, or replace such advice. This Website is not intended to cause you to disregard advice about your health provided to you by a licensed physician or other qualified health care provider, nor cause any delay in seeking such advice.
The Website is not intended to recommend or endorse any specific person, product, medical device, professional, procedure, or other information regarding or concerning your health. ANY RELIANCE ON THE FOREGOING, YOUR USE OF THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK.
By using the Website, or by clicking to accept or agree to the Terms of Use should this option be made available to you, you acknowledge your acceptance and full understanding of the disclaimer contained in this Section 5.01.
CALL YOUR LOCAL EMERGENCY NUMBER (SUCH AS 911) IF:
For more information about recognizing medical emergencies, see https://medlineplus.gov/ency/article/001927.htm .
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY AND ITS AFFILIATES, SUBSIDIARIES, LICENSEES, AND SERVICE PROVIDERS, AND EACH OF THEIR RESPECTIVE LICENSEES, SUCCESSORS, AND ASSIGN SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE (INCLUDING CONTENT, FUNCTIONALITY, AND SERVICES AND INTERACTIVE SERVICES), OR TO YOUR DOWNLOADING OF ANY CONTENT POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT, FUNCTIONALITY, AND ANY SERVICES (INCLUDING THE INTERACTIVE SERVICES) OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, FUNCTIONALITY, ITS SERVICES (INCLUDING THE INTERACTIVE SERVICES) AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY (INCLUDING AND ITS AFFILIATES, SUBSIDIARIES, LICENSEES, AND SERVICE PROVIDERS, AND EACH OF THEIR RESPECTIVE LICENSEES, SUCCESSORS, AND ASSIGN) MAKE ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE, ITS CONTENT, FUNCTIONALITY, AND ANY SERVICES (INCLUDING THE INTERACTIVE SERVICES) OR ITEMS OBTAINED THROUGH THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY (INCLUDING AND ITS AFFILIATES, SUBSIDIARIES, LICENSEES, AND SERVICE PROVIDERS, AND EACH OF THEIR RESPECTIVE LICENSEES, SUCCESSORS, AND ASSIGN) REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, FUNCTIONALITY, AND ANY SERVICES (INCLUDING THE INTERACTIVE SERVICES) OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE, ITS CONTENT, FUNCTIONALITY, AND ANY SERVICES (INCLUDING THE INTERACTIVE SERVICES) OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY ITS AFFILIATES, SUBSIDIARIES, LICENSEES, AND SERVICE PROVIDERS, AND EACH OF THEIR RESPECTIVE LICENSEES, SUCCESSORS, AND ASSIGNS AND HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY, AND ITS AFFILIATES, SUBSIDIARIES, LICENSEES, AND SERVICE PROVIDERS, AND EACH OF THEIR RESPECTIVE LICENSEES, SUCCESSORS, AND ASSIGNS SHALL NOT BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT, FUNCTIONALITY, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE, WHETHER ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
THE LIMITATION OF LIABILITY SET OUT ABOVE DOES NOT APPLY TO LIABILITY RESULTING FROM THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF THE COMPANY, OR ITS AFFILIATES, ITS SUBSIDIARIES, ITS LICENSEES, OR ITS SERVICE PROVIDERS, AND EACH OF THEIR RESPECTIVE LICENSEES, SUCCESSORS, AND ASSIGNS, AND DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
UNLESS IT WOULD RESULT IN A VIOLATION OF APPLICABLE LAW, ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE AND ARISING OUT OF OR RELATING TO THE TERMS OF USE, OUR PRIVACY POLICY, OR THE WEBSITE AND ITS CONTENT, FUNCTIONALITY, AND ANY SERVICES (INCLUDING THE INTERACTIVE SERVICES) OR ITEMS OBTAINED THROUGH THE WEBSITE, MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER ANY SUCH CAUSE OF ACTION OR CLAIM ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS AND WILL BE PERMANENTLY BARRED.
You agree to defend, indemnify, and hold harmless the Company, its affiliates and subsidiaries, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including legal fees and costs) arising out of or relating to any violation by you of the Terms of Use or our Privacy Policy, or your use of (1) the Website, its content (including User Contributions), functionality, and any services (including the Interactive Services), or (2) items obtained through the Website.
(a) For purposes of the Terms of Use, (a) the words “include,” “includes” and “including” are deemed to be followed by the words “without limitation”; (b) the word “or” is not exclusive; and (c) the words “herein,” “hereof,” “hereto” and “hereunder” refer to the Terms of Use as a whole. Unless the context otherwise requires, references herein: (x) to Section or Sections means the Section or Sections of the Terms of Use (unless stated otherwise); (y) to an agreement, instrument, or other document means such agreement, instrument, or other document as amended, supplemented and modified from time to time to the extent permitted by the provisions thereof; and (z) to a statute means such statute as amended from time to time and includes any successor legislation thereto and any regulations promulgated thereunder.
(b) The Terms of Use will be construed without regard to any presumption or rule requiring construction orinterpretationagainst the party drafting an instrument or causing any instrument to be drafted. Our Privacy Policy referred to herein will be construed with, and as an integral part of, the Terms of Use to the same extent as if they were set forth verbatim herein.
(c) Whenever the masculine is used in the Terms of Use, the same will include the feminine and whenever the feminine is used in the Terms of Use, the same will include the masculine, where appropriate. Whenever the singular is used in the Terms of Use, the same will include the plural, and whenever the plural is used in the Terms of Use, the same will include the singular, where appropriate.
If you are or become a member, you consent to the Company sending you notices by email at the email address (1) you provided when registering or (2) as contained in your member profile. All written notices, consents, approvals, authorizations and reports, permitted or required to be delivered by the Terms of Use will be deemed to be delivered at the time delivered electronically or published to the Website (whichever should occur sooner). Subject to the foregoing, you may designate a new address for notices by updating the email address contained in your member profile.
YOU ACKNOWLEDGE AND FURTHER AGREE THAT THE TERMS OF USE AND ALL MATTERS ARISING OUT OF OR RELATING TO IT AND THE WEBSITE, ITS CONTENT, FUNCTIONALITY, AND ANY SERVICES (INCLUDING THE INTERACTIVE SERVICES) OR ITEMS OBTAINED THROUGH THE WEBSITE, WHETHER SOUNDING IN CONTRACT, TORT, OR STATUTE ARE GOVERNED BY, AND CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF FLORIDA, UNITED STATES, WITHOUT GIVING EFFECT TO THE CONFLICT OF LAWS PROVISIONS THEREOF TO THE EXTENT SUCH PRINCIPLES OR RULES WOULD REQUIRE OR PERMIT THE APPLICATION OF THE LAWS OF ANY JURISDICTION OTHER THAN THOSE OF THE STATE OF FLORIDA. YOUR FURTHER ACKNOWLEDGE AND AGREE THAT THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS WILL NOT APPLY TO THE TERMS OF USE.
YOU UNCONDITIONALLY AND IRREVOCABLY AGREE THAT YOU WILL NOT COMMENCE ANY ACTION, LITIGATION OR PROCEEDING OF ANY KIND WHATSOEVER AGAINST THE COMPANY OR ITS AFFILIATES, SUBSIDIARIES, LICENSEES, AND SERVICE PROVIDERS, AND THEIR RESPECTIVE LICENSEES, SUCCESSORS, AND ASSIGNS, IN ANY WAY ARISING UNDER THE TERMS OF USE, THE WEBSITE, ITS CONTENT, FUNCTIONALITY, AND ANY SERVICES (INCLUDING THE INTERACTIVE SERVICES) OR ITEMS OBTAINED THROUGH THE WEBSITE, AND ALL MATTERS ARISING UNDER THE TERMS OF USE AND THE WEBSITE, ITS CONTENT, FUNCTIONALITY, AND ANY SERVICES (INCLUDING THE INTERACTIVE SERVICES) OR ITEMS OBTAINED THROUGH THE WEBSITE, IN ANY FORUM OTHER THAN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF FLORIDA, TAMPA DIVISION, OR, IF SUCH COURT DOES NOT HAVE SUBJECT MATTER JURISDICTION, THE COURTS OF THE STATE OF FLORIDA SITTING IN HILLSBOROUGH COUNTY, FLORIDA, AND ANY APPELLATE COURT FROM SUCH COURTS. YOU FURTHER AGREE TO (1) IRREVOCABLY AND UNCONDITIONALLY SUBMIT TO THE EXCLUSIVE JURISDICTION OF SUCH COURTS AND TO (2) BRING ANY SUCH ACTION, LITIGATION OR PROCEEDING ONLY IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF FLORIDA, TAMPA DIVISION, OR, IF SUCH COURT DOES NOT HAVE SUBJECT MATTER JURISDICTION, THE COURTS OF THE STATE OF FLORIDA SITTING IN HILLSBOROUGH COUNTY, FLORIDA.
The Company may require you to submit any dispute or claim arising from or related to the Terms of Use or the Website, its content, functionality, and services (including the Interactive Services) to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Florida law. As used in this Section 6.05, a “dispute” will be deemed to include disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination.
(a) No waiver by the Company or its affiliates, subsidiaries, licenses, or service providers, and each of their respective licensees, successors, and assigns, of any term or condition set out in the Terms of Use will be deemed a further or continuing waiver of such term or condition, or a waiver of any other term or condition. Any failure of or by the Company or its affiliates, subsidiaries, licenses, or service providers, and each of their respective licensees, successors, and assigns, to assert a right any of the foregoing may have under any of the provisions contained in the Terms of Use will not constitute a waiver by the Company or its affiliates, subsidiaries, licenses, or service providers, and each of their respective licensees, successors, and assigns, of any such right or provision.
(b) If any provision of the Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision will be eliminated or limited only to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
The parties hereby designate AEPIOS HOLDINGS, LLC, a Delaware limited liability company and affiliate of Company, as a third-party beneficiary of Article III, Article IV, Article V, Section 6.01, Section 6.02, Section 6.03, Section 6.04, Section 6.05, Section 6.06, and Section 6.08 of the Terms of Use having the right to enforce such Articles and Sections.
The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and the Company regarding the Website, its content, functionality, and services (including the Interactive Services), and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website, its content, functionality, and services (including the Interactive Services).
This website is operated by AEPIOS, LLC, a Delaware limited liability company.
All notices of copyright infringement claims should be sent to the copyright agent designated in Section 4.01, and should be in accordance with Article IV.
All other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to [email protected].
| DATE | BRIEF DESCRIPTION OF RELEVANT UPDATES AND CHANGE |
| 1 January 2021 | The Terms of Use with an effective date of 1 January 2021 was published to the Website, replacing the prior terms of use available on the Website. |
“AEPIOS” IS A TRADEMARK OF AEPIOS HOLDINGS, LLC. | COPYRIGHT © 2020 -2021 AEPIOS HOLDINGS, LLC. ALL RIGHTS RESERVED.
Effective: 1 January 2020
Last Modified: 1 January 2020
AEPIOS, LLC, a Delaware limited liability company (used interchangeably throughout this Website Privacy Policy as the “Company,” “we,” “us,” or “our”) respects your privacy and are committed to protecting it through our compliance with this Website Privacy Policy (the “Privacy Policy”). This Privacy Policy is entered into between You (used interchangeably throughout these Terms of Use as “you”, “You”, “your”, and “Your”, and collectively with You, the “parties) and the Company.
The Privacy Policy describes: (1) the types of information we may collect from you, or that you may provide when you visit or use http://www.aepios.com, including any content, functionality, and services offered on or through http://www.aepios.com (the “Website“), whether as a guest or a member; and (2) our practices for collecting, using, maintaining, protecting, and disclosing that information.
Please read the Privacy Policy carefully to understand our policies and practices regarding your information and how we will treat it. It constitutes an agreement between you and Company. If you do not agree with our policies and practices, your choice is not to use our Website. As such, if you do not want to agree to the Privacy Policy or our Terms of Use, you shall not access or use the Website. Your use (or continued use) of the Website is conditioned upon your: (a) acceptance of the Privacy Policy and our Terms of Use; (b) your agreeing to be bound by and abide by the Privacy Policy and our Terms of Use; and (c) your acknowledgement of understanding the Privacy Policy and our Terms of Use.
(a) By accessing or using this Website, or by clicking to accept or agree to the Privacy Policy should this option be made available to you, you (1) accept and agree to be bound and abide by the Privacy Policy and our Terms of Use, found at [https://aepios.eitdev.com/terms/] (the “Terms of Use”), incorporated herein by reference, and (2) further acknowledge that you understand the Privacy Policy and our Terms of Use.
(b) We may, on one or more occasion and without prior notice to you, change the Privacy Policy (see Section 4.06 for more information).
(c) Your continued use of this Website after we make changes is deemed to be acceptance of such changes. We recommend that you check the Privacy Policy periodically for updates which may include such changes.
(a) The Terms of Use describe certain limitations and requirements of use and geographic restrictions related to the Website (for more information, see Article I of the Terms of Use). Subject to Article I of the Terms of Use, you understand, agree, and acknowledge that: (1) we are not obligated to follow or ensure compliance with the European Union’s General Data Protection Regulations (“GDPR”); and (2) if you access the Website from outside the United States or any territories or possessions of the United States within its jurisdiction, and provide any information described in the Privacy Policy, (A) you do so on your own initiative and at your own risk, and, (B) as more fully described in this Section 1.03, are solely responsible for compliance with local laws, such as the GDPR.
(b) The Website is hosted in the United States. In order to communicate with you about the Website, the information that we collect from you may be transferred to, stored, used and processed by the Company in the United States or one of our service providers based in the United States or outside of the United States.Such entities may be engaged in, among other things, (1) preparing and sending newsletters to which you subscribe, and (2) the provision of support services.
(c) By submitting information (including Personal Information) to the Company or its affiliates, subsidiaries, and service providers, and each of their and our respective licensees, successors, and assigns,, you agree to the collection, transfer, storage, use and processing of such information about you for the purposes described in the Privacy Policy. When you provide Personal Information to the Company or its affiliates, subsidiaries, and service providers, and each of their and our respective licensees, successors, and assigns, you consent to the processing of your information in the United States as the Website is operated in the United States. We will make commercially reasonable efforts to ensure that information about you is treated securely in accordance with the Privacy Policy.
(d) YOU ACKNOWLEDGE THAT THE LAWS OF THE UNITED STATES TREAT YOUR INFORMATION IN A MANNER THAT MAY BE SUBSTANTIALLY DIFFERENT FROM, AND LESS PROTECTIVE THAN, THE TREATMENT REQUIRED UNDER THE LAWS OF OTHER COUNTRIES AND JURISDICTIONS. IF YOU DO NOT WANT YOUR INFORMATION TRANSFERRED TO THE UNITED STATES, YOU SHOULD NOT SHARE YOUR INFORMATION WITH US, OR MAKE USE OF THIS WEBSITE.
(e) TO THE EXTENT ALLOWED BY THE LAW OF THE COUNTRY IN WHICH YOU ARE LOCATED, YOU EXPRESSLY WAIVE ANY RIGHT YOU MAY HAVE TO REQUIRE US TO TREAT YOUR INFORMATION (INCLUDING PERSONAL INFORMATION) IN ACCORDANCE WITH THE LAWS OF ANY COUNTRY OR JURISDICTION OTHER THAN THE UNITED STATES. HOWEVER, THE FOREGOING WAIVER MAY NOT BE LEGALLY BINDING IN SOME COUNTRIES, SUCH AS THE MEMBER STATES OF THE EUROPEAN UNION. TO THE EXTENT IT IS NOT LEGALLY BINDING IN THE COUNTRY IN WHICH YOU ARE LOCATED, THE FOREGOING WAIVER WILL NOT APPLY TO YOU.
(a) Our Website is not intended for children under 16 years of age. No one under age 16 may provide any information to or on the Website. We do not knowingly collect Personal Information from children under 16 years of age. If you are under 16 years of age, you shall refrain from any of the following activities:
(b) If we learn we have collected or received Personal Information from a child under 16 years of age without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 16 years of age, please contact us at [email protected]
(a) We may collect several types of information from and about users (including members) of our Website, including information:
(b) We may collect certain information from and by any or all of the following sources and means:
(a) The information we collect on or through our Website may include the below types of information.
(b) The Website may contain articles, health support groups, message boards, chat rooms, personal web pages or member profiles, forums, bulletin boards, albums, and other interactive features (collectively, the “Interactive Services“) that allow users to post, submit, publish, display, or transmit to other users (including other members) or other persons (as used in this Section 2.02, “post“) articles, content, information, or materials on or through the Website, or to be published or displayed (hereinafter, “posted“) on certain areas of the Website (including public areas) or transmitted to other users of the Website or third parties (collectively with “post”, the “User Contributions“).
(c) All User Contributions are subject to the Privacy Policy and our Terms of Use, which include certain Content Standards described in Section 2.03 of the Terms of Use.
(d) YOUR USER CONTRIBUTIONS ARE POSTED ON AND TRANSMITTED TO OTHERS AT YOUR OWN RISK. Although we may limit access to certain pages, parts, services, and functionality of the Website to members, please be aware that no security measures are perfect or impenetrable. BECAUSE WE CANNOT CONTROL THE ACTIONS OF OTHER USERS OF THE WEBSITE WITH WHOM YOU MAY CHOOSE TO SHARE YOUR USER CONTRIBUTIONS, WE CANNOT AND DO NOT GUARANTEE THAT YOUR USER CONTRIBUTIONS WILL NOT BE VIEWED BY UNAUTHORIZED PERSONS.
(e) All User Contributions you post to the Website, including any which contain Personal Information, will be deemed as non-confidential and non-proprietary information. We may make available additional services or functionality of the Website such as blogs, forums, message boards, comments, and chat to which you are able to post information and materials. You acknowledge that you have no expectation of privacy in such services, and that any information you disclose through such services or otherwise on the Website becomes public information available to us, visitors to the Website, other users, members, third parties, and to the general public. In addition, when you choose to make a posting on such services, certain Personal Information may become available for others to view.We recommend that you exercise discretion and caution when deciding to disclose Personal Information about you, or any other information, on the Website. YOU ACKNOWLEDGE FURTHER AND AGREE THAT WE ARE NOT RESPONSIBLE FOR THE USE BY ANY THIRD PARTY OF ANY PERSONAL INFORMATION YOU VOLUNTARILY DISCLOSE THROUGH ANY SUCH SERVICES OR OTHERWISE ON THE WEBSITE.
(f) Because the Internet is a global network, there are times when your information travels globally and will not always be completely secure.YOU ACKNOWLEDGE AND AGREE THAT IF YOU PROVIDE US WITH INFORMATION OVER THE INTERNET, YOU DO SO AT YOUR OWN RISK AND AGREE TO RELEASE THE COMPANY AND ITS AFFILIATES, SUBSIDIARIES, LICENSEES, AND SERVICE PROVIDERS, AND EACH OF THEIR RESPECTIVE LICENSEES, SUCCESSORS, AND ASSIGNS FROM ANY AND ALL LIABILITIES ARISING FROM YOUR PROVIDING US WITH SUCH INFORMATION OVER THE INTERNET. By using the Website, you agree and authorize us to process information in accordance with the Privacy Policy, and subject to our Terms of Use.Subject to Section 4.01, we make commercially reasonable efforts to use commercially reasonable procedures and security features to prevent unauthorized access to your information.
(g) If you find any link on the Website that is offensive for any reason, you should contact us to inform us of such offensive link. We will make commercially reasonable efforts to consider any request to remove links without obligation to or so, and without obligation to respond to you directly. You acknowledge that we have not reviewed and do not necessarily endorse the content of any websites, applications, destinations or services linked to or accessible from the Website, and further acknowledge and agree that we are not responsible for the content, services, or actions of any other websites, applications, or destinations. YOU ACKNOWLEDGE AND AGREE THAT YOUR LINKING TO, OR ACCESSING OF, ANY OTHER WEBSITE, APPLICATION, DESTINATION OR SERVICE (A) WILL BE SUBJECT TO OUR TERMS OF USE AND (B) IS AT YOUR SOLE RISK.
(a) As you navigate through and interact with our Website, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including:
(b) We do not knowingly collect Personal Information through automatic data collection technologies. Subject to the foregoing, the information we do collect automatically may include Personal Information, or we may maintain it or associate it with Personal Information we collect in other ways or receive from third parties. It helps us to improve our Website and to deliver a better and more personalized service, which will include giving us the ability to:
(c) The technologies we use for this automatic data collection may include the following.
(d) Subject to Section 2.03(a), we do not knowingly collect Personal Information automatically, but we may tie this information to Personal Information about you that we collect from other sources or information you provide to us.
(a) Some content or application on the Website (including advertisements) are served by third parties, which may include advertisers, ad networks and servers, content providers, and application providers. These third parties may use cookies (whether alone or in conjunction with web beacons or other tracking technologies) to collect information about you when you use the Website. The information they collect may be associated with your Personal Information or they may collect information ( including Personal Information) about your online activities over time and across different websites and other online services. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content.
(b) We do not control these third-parties’ tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly. For information about how you can opt out of receiving targeted advertising from many providers, see Section 2.07.
(a) We may use information that we collect about you, or that you provide to us (including any Personal Information), whether directly or through your use of the Website, for any or all of the following purposes.
(b) We may also use your information to contact you about our own and third parties’ goods and services that may be of interest to you. If you do not want us to use your information in this way, please adjust your user preferences in your member profile. For information about managing your privacy and security settings for Flash cookies, see Section 2.07.
(c) We may use the information we have collected from you to enable us to display advertisements to our advertisers’ target audiences. Even though we do not disclose your Personal Information for these purposes without your consent, if you click on or otherwise interact with an advertisement, the advertiser may assume that you meet its target criteria.
(a) We may disclose aggregated information about our users, members, medical conditions, and information that does not identify any individual, without restriction.
(b) We may disclose Personal Information that we collect or that you provide subject to the Privacy Policy in any or all of the following ways.
(c) We may also disclose your Personal Information for any or all of the following purposes.
(a) We will make commercially reasonable efforts to provide you with choices regarding the information (including Personal Information) you provide to us. We have created the following mechanisms to provide you with the control over your information, as described below.
(b) We do not control third parties’ collection or use of your information to serve interest-based advertising; provided, however, these third parties may provide you with ways to choose not to have your information collected or used in this way. You can opt out of receiving targeted ads from members of the Network Advertising Initiative (“NAI“) on the NAI’s website, available at https://www.networkadvertising.org/
(c) California residents may have additional Personal Information rights and choices. Please see Article III for more information
(d) We do not currently sell data triggering opt-out requirements under the Nevada Revised Statutes Chapter 603A. Nevada residents who wish to exercise their sale opt-out rights under this statute may submit a request to this designated address: [email protected]
(a) If you are a member of the Website, you can review and change your Personal Information by logging into the Website and visiting your member profile page and navigating to “SETTINGS.”
(b) You may also send us an email at [email protected]––––––– to request access to, correct or delete any Personal Information that you have provided to us. We may, in order to delete your Personal Information, delete your entire member profile. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement, or cause the information to be incorrect.
(c) If you delete your User Contributions from the Website, copies of your User Contributions may remain viewable in cached and archived pages, or might have been copied or stored by other Website users and members, and third parties. Proper access and use of information provided on the Website, including User Contributions, is governed by the Privacy Policy and our Terms of Use.
(d) California residents may have additional Personal Information rights and choices. Please see Article III for more information.
If you are a California resident, California law may provide you with additional rights regarding our use of your Personal Information. To learn more about your California privacy rights, consult this Article III.
(a) This Privacy Policy for California Residents supplements the information contained in the Privacy Policy and applies solely to all visitors, users, and others who reside in the State of California (as used in this Article III, “consumers” or “you“). We adopt this notice to comply with the California Consumer Privacy Act of 2018 (CCPA) and any terms defined in the CCPA have the same meaning when used in the Privacy Policy.
(b) Where noted in this Policy, the CCPA temporarily exempts personal information reflecting a written or verbal business-to-business communication (“B2B personal information“) from some its requirements.
Our Website collects information that identifies, relates to, describes, references, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer, household, or device (as used in this Article III “personal information“). Personal information does not include:
In particular, our Website has collected the following categories of personal information from consumers within the last twelve (12) months:
| Category | Examples | Collected |
| A. Identifiers. | A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, member name, Social Security number, driver’s license number, passport number, or other similar identifiers. | YES |
| B. Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)). | A name, signature, Social Security number, physical characteristics or description, address, telephone number, passport number, driver’s license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information.
Some personal information included in this category may overlap with other categories. |
YES |
| C. Protected classification characteristics under California or federal law. | Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information).
|
YES |
| D. Commercial information. | Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies. | YES |
| E. Biometric information. | Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data. | YES |
| F. Internet or other similar network activity. | Browsing history, search history, information on a consumer’s interaction with a website, application, or advertisement. | YES |
| G. Geolocation data. | Physical location or movements. | YES |
| H. Sensory data. | Audio, electronic, visual, thermal, olfactory, or similar information. | YES |
| I. Professional or employment-related information. | Current or past job history or performance evaluations. | NO |
| J. Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)). | Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records. | NO |
| K. Inferences drawn from other personal information. | Profile reflecting a person’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes. | YES |
Our Website obtains the categories of personal information listed above from the sources described throughout the Privacy Policy.
(a) We may use, sell, or disclose the personal information we collect for one or more of the following purposes:
(b) We will not collect additional categories of personal information or use the personal information we collected for materially different, unrelated, or incompatible purposes without providing you notice.
(a) We may share your personal information by disclosing it to a third party for a business purpose. We only make these business purpose disclosures under written contracts that describe the purposes, require the recipient to keep the personal information confidential, and prohibit using the disclosed information for any purpose except performing the contract. In the preceding twelve (12) months, Company has not disclosed personal information for a business purpose to the categories of third parties indicated in the chart below.
(b) We may also share your personal information by selling it to third parties, subject to your right to opt-out of those sales. Our personal information sales do not include information about individuals we know are under age 16. In the preceding twelve (12) months, Company has not sold personal information to the categories of third parties indicated in the chart below.
| Personal Information Category | Category of Third-Party Recipients | |
| Business Purpose Disclosures | Sales | |
| A: Identifiers. | None | None |
| B: California Customer Records personal information categories. | None | None |
| C: Protected classification characteristics under California or federal law. | None | None |
| D: Commercial information. | None | None |
| E: Biometric information. | None | None |
| F: Internet or other similar network activity. | None | None |
| G: Geolocation data. | None | None |
| H: Sensory data. | None | None |
| I: Professional or employment-related information. | None | None |
| J: Non-public education information. | None | None |
| K: Inferences drawn from other personal information. | None | None |
The CCPA prohibits a third party from reselling personal information unless you have received explicit notice and an opportunity to opt-out of further sales. The following businesses may purchase personal information from us and may resell that information. To opt-out of those sales, please visit that businesses opt-out notice.
We do not sell or disclose deidentified patient information exempt from the CCPA to third parties.
The CCPA provides consumers (California residents) with specific rights regarding their personal information. This section describes your CCPA rights and explains how to exercise those rights.
(a) Right to Know and Data Portability. You have the right to request that we disclose certain information to you about our collection and use of your personal information over the past 12 months (the “right to know”). Once we receive your request and confirm your identity, we will disclose to you:
We do not provide a right to know or data portability disclosure for B2B personal information.
(b) Right to Delete. You have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions (as used in this Article III, the “right to delete“). Once we receive your request and confirm your identity, we will review your request to see if an exception allowing us to retain the information applies. We may deny your deletion request if retaining the information is necessary for us or our service provider(s) to:
We will delete or deidentify personal information not subject to one of these exceptions from our records and will direct our service providers to take similar action. We do not provide these deletion rights for B2B personal information.
(c) Exercising Your Rights to Know or Delete. To exercise your rights to know or delete described above, please send an email to [email protected] Only you, or someone legally authorized to act on your behalf, may make a request to know or delete related to your personal information. You may also make a request to know or delete on behalf of your child by sending an email to [email protected] You may only submit a request to know twice within a 12-month period. Your request to know or delete must:
We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you. You do not need to be a member with us to submit a request to know or delete. We will only use personal information provided in the request to verify the requestor’s identity or authority to make it.
(d) Response Timing and Format. We will confirm receipt of your request within ten (10) business days. If you do not receive confirmation within the 10-day timeframe, please contact [email protected]. We endeavor to substantively respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time (up to another 45 days), we will inform you of the reason and extension period in writing. If you are a member with us, we will deliver our written response to that member. If you are not a member with us, we will deliver our written response by mail or electronically, at your option. Any disclosures we provide will only cover the 12-month period preceding our receipt of your request. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance. We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.
(e) Personal Information Sales Opt-Out and Opt-In Rights. If you are age 16 or older, you have the right to direct us to not sell your personal information at any time (as used in this Article III, the “right to opt-out“). We do not sell the personal information of consumers we actually know are less than 16 years old. Consumers who opt-in to personal information sales may opt-out of future sales at any time. To exercise the right to opt-out, you (or your authorized representative) may submit a request to us by sending an email to [email protected] Once you make an opt-out request, we will wait at least twelve (12) months before asking you to reauthorize personal information sales. However, you may change your mind and opt back in to personal information sales at any time by sending an email to [email protected] You do not need to be a member with us to exercise your opt-out rights. We will only use personal information provided in an opt-out request to review and comply with the request.
(a) We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:
(b) However, we may offer you certain financial incentives permitted by the CCPA that can result in different prices, rates, or quality levels. Any CCPA-permitted financial incentive we offer will reasonably relate to your personal information’s value and contain written terms that describe the program’s material aspects. Participation in a financial incentive program requires your prior opt-in consent, which you may revoke at any time.
California’s “Shine the Light” law (Civil Code Section § 1798.83) permits users of our Website that are California residents to request certain information regarding our disclosure of Personal Information to third parties for their direct marketing purposes. To make such a request, please send an email to [email protected]
YOU ACKNOWLEDGE AND AGREE THAT THE COMPANY AND ITS AFFILIATES, SUBSIDIARIES, LICENSEES, AND SERVICE PROVIDERS, AND EACH OF THEIR RESPECTIVE LICENSEES, SUCCESSORS, AND ASSIGNS SHALL NOT BE RESPONSIBLE AND SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY, IN ANY WAY, FOR ANY EVENT BEYOND OUR DIRECT CONTROL; AND, BECAUSE OF THE COMPLEX AND CONSTANTLY CHANGING NATURE OF OUR TECHNOLOGY AND BUSINESS, WE NEITHER GUARANTEE, REPRESENT, NOR WARRANT THAT ANY PERFORMANCE ON THE PART OF THE COMPANY AND ITS AFFILIATES, SUBSIDIARIES, LICENSEES, AND SERVICE PROVIDERS, AND EACH OF THEIR RESPECTIVE LICENSEES, SUCCESSORS, AND ASSIGNS WILL BE ERROR FREE. YOU FURTHER ACKNOWLEDGE AND UNDERSTAND THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY AND ITS AFFILIATES, SUBSIDIARIES, LICENSEES, AND SERVICE PROVIDERS, AND EACH OF THEIR RESPECTIVE LICENSEES, SUCCESSORS, AND ASSIGNS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR OTHER LOSS SUFFERED BY YOU OR ANY THIRD PARTY, WHICH RELATES TO ANY USE OR RELEASE OF YOUR INFORMATION (INCLUDING PERSONAL INFORMATION).
(a) We have and will make commercially reasonable efforts to implement measures designed to secure your Personal Information from accidental loss and from unauthorized access, use, alteration, and disclosure. We may (1) store any information (including Personal Information) you provide to us on our secure servers behind firewalls; and (2) encrypted such information using SSL technology.
(b) The safety and security of your information (including Personal Information) also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Website, you are responsible for keeping this password secure and confidential. We ask you not to share your password with anyone, and we urge you to be careful about giving out information in public areas of the Website like health support groups, message boards and forums. Information (including Personal Information) you share in certain areas of the Website such as public areas may be viewed by any user and other members of the Website, and third parties. The foregoing remains subject to Section 2.02, which you are encouraged to review in conjunction with this Section 4.01.
Unfortunately, the transmission of information via the internet is not completely secure. ALTHOUGH WE MAKE COMMERCIALLY REASONABLE EFFORTS TO PROTECT YOUR PERSONAL INFORMATION, WE CANNOT GUARANTEE THE SECURITY OF YOUR PERSONAL INFORMATION TRANSMITTED TO OR THROUGH THE WEBSITE. ANY TRANSMISSION OF PERSONAL INFORMATION IS AT YOUR OWN RISK. THE COMPANY AND ITS AFFILIATES, SUBSIDIARIES, LICENSEES, AND SERVICE PROVIDERS, AND EACH OF THEIR RESPECTIVE LICENSEES, SUCCESSORS, AND ASSIGNS SHALL NOT BE RESPONSIBLE FOR CIRCUMVENTION OF ANY PRIVACY SETTINGS OR SECURITY MEASURES CONTAINED ON THE WEBSITE.
(a) For purposes of the Privacy Policy, (a) the words “include,” “includes” and “including” are deemed to be followed by the words “without limitation”; (b) the word “or” is not exclusive; and (c) the words “herein,” “hereof,” “hereto” and “hereunder” refer to these Privacy Policy as a whole. Unless the context otherwise requires, references herein: (x) to Section or Sections means the Section or Sections of these Privacy Policy (unless stated otherwise); (y) to an agreement, instrument, or other document means such agreement, instrument, or other document as amended, supplemented and modified from time to time to the extent permitted by the provisions thereof; and (z) to a statute means such statute as amended from time to time and includes any successor legislation thereto and any regulations promulgated thereunder.
(b) The Privacy Policy will be construed without regard to any presumption or rule requiring construction orinterpretationagainst the party drafting an instrument or causing any instrument to be drafted. Our Terms of Use referred to herein will be construed with, and as an integral part of, the Privacy Policy to the same extent as if they were set forth verbatim herein.
(c) Whenever the masculine is used in these Privacy Policy, the same will include the feminine and whenever the feminine is used in these Privacy Policy, the same will include the masculine, where appropriate. Whenever the singular is used in the Privacy Policy, the same will include the plural, and whenever the plural is used in the Privacy Policy, the same will include the singular, where appropriate.
If you are or become a member, you consent to the Company sending you notices by email at the email address (1) you provided when registering or (2) as contained in your member profile. All written notices, consents, approvals, authorizations and reports, permitted or required to be delivered by the Privacy Policy will be deemed to be delivered at the time delivered electronically or published to the Website (whichever should occur sooner). Subject to the foregoing, you may designate a new address for notices by updating the email address contained in your member profile.
No waiver by the Company of any term or condition set out in the Privacy Policy will be deemed a further or continuing waiver of such term or condition, or a waiver of any other term or condition. Any failure of or by the Company or its affiliates, subsidiaries, licenses, or service providers, and each of their respective licensees, successors, and assigns, to assert a right any of the foregoing may have under any of the provisions contained in the Privacy Policy will not constitute a waiver by the Company or its affiliates, subsidiaries, licenses, or service providers, and each of their respective licensees, successors, and assigns, of any such right or provision.
If any provision of the Privacy Policy is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision will be eliminated or limited only to the minimum extent such that the remaining provisions of the Privacy Policy will continue in full force and effect.
The parties hereby designate AEPIOS HOLDINGS, LLC, a Delaware limited liability company and affiliate of Company, as a third-party beneficiary of Article II and Section 4.03, Section 4.04, Section 4.05, Section 4.07, Section 4.08, Section 4.09, and Section 4.10 of the Privacy Policy having the right to enforce such Articles and Sections.
The Privacy Policy and our Terms of Use constitute the sole and entire agreement between you and the Company regarding the Website, its content, functionality, and services (including the Interactive Services), or items or information (including Personal Information) obtained through the Website, and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website, its content, functionality, and services (including the Interactive Services), or items or information (including Personal Information) obtained through the Website.
YOU ACKNOWLEDGE AND FURTHER AGREE THAT THE PRIVACY POLICY AND ALL MATTERS ARISING OUT OF OR RELATING TO IT AND THE WEBSITE, ITS CONTENT, FUNCTIONALITY, AND ANY SERVICES (INCLUDING THE INTERACTIVE SERVICES) OR ITEMS OR INFORMATION (INCLUDING PERSONAL INFORMATION) OBTAINED THROUGH THE WEBSITE, WHETHER SOUNDING IN CONTRACT, TORT, OR STATUTE ARE GOVERNED BY, AND CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF FLORIDA, UNITED STATES, WITHOUT GIVING EFFECT TO THE CONFLICT OF LAWS PROVISIONS THEREOF TO THE EXTENT SUCH PRINCIPLES OR RULES WOULD REQUIRE OR PERMIT THE APPLICATION OF THE LAWS OF ANY JURISDICTION OTHER THAN THOSE OF THE STATE OF FLORIDA. YOUR FURTHER ACKNOWLEDGE AND AGREE THAT THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS WILL NOT APPLY TO THE PRIVACY POLICY.
YOU UNCONDITIONALLY AND IRREVOCABLY AGREE THAT YOU WILL NOT COMMENCE ANY ACTION, LITIGATION OR PROCEEDING OF ANY KIND WHATSOEVER AGAINST THE COMPANY OR ITS AFFILIATES, SUBSIDIARIES, LICENSEES, AND SERVICE PROVIDERS, AND THEIR RESPECTIVE LICENSEES, SUCCESSORS, AND ASSIGNS, IN ANY WAY ARISING UNDER THE PRIVACY POLICY, THE WEBSITE, ITS CONTENT, FUNCTIONALITY, AND ANY SERVICES (INCLUDING THE INTERACTIVE SERVICES) OR ITEMS OR INFORMATION (INCLUDING PERSONAL INFORMATION) OBTAINED THROUGH THE WEBSITE, AND ALL MATTERS ARISING UNDER THE PRIVACY POLICY AND THE WEBSITE, ITS CONTENT, FUNCTIONALITY, AND ANY SERVICES (INCLUDING THE INTERACTIVE SERVICES) OR ITEMS OR INFORMATION (INCLUDING PERSONAL INFORMATION) OBTAINED THROUGH THE WEBSITE, IN ANY FORUM OTHER THAN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF FLORIDA, TAMPA DIVISION, OR, IF SUCH COURT DOES NOT HAVE SUBJECT MATTER JURISDICTION, THE COURTS OF THE STATE OF FLORIDA SITTING IN HILLSBOROUGH COUNTY, FLORIDA, AND ANY APPELLATE COURT FROM SUCH COURTS. YOU FURTHER AGREE TO (1) IRREVOCABLY AND UNCONDITIONALLY SUBMIT TO THE EXCLUSIVE JURISDICTION OF SUCH COURTS AND TO (2) BRING ANY SUCH ACTION, LITIGATION OR PROCEEDING ONLY IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF FLORIDA, TAMPA DIVISION, OR, IF SUCH COURT DOES NOT HAVE SUBJECT MATTER JURISDICTION, THE COURTS OF THE STATE OF FLORIDA SITTING IN HILLSBOROUGH COUNTY, FLORIDA.
The Company may require you to submit any dispute or claim arising from or related to the Privacy Policy or the Website, its content, functionality, and services (including the Interactive Services), or items or information (including Personal Information) obtained through the Website, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Florida law. As used in this Section 4.05, a “dispute” will be deemed to include disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination.
(a) No waiver by the Company or its affiliates, subsidiaries, licenses, or service providers, and each of their respective licensees, successors, and assigns, of any term or condition set out in the Privacy Policy will be deemed a further or continuing waiver of such term or condition, or a waiver of any other term or condition. Any failure of or by the Company or its affiliates, subsidiaries, licenses, or service providers, and each of their respective licensees, successors, and assigns, to assert a right any of the foregoing may have under any of the provisions contained in the Privacy Policy will not constitute a waiver by the Company or its affiliates, subsidiaries, licenses, or service providers, and each of their respective licensees, successors, and assigns, of any such right or provision.
(b) If any provision of the Privacy Policy is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision will be eliminated or limited only to the minimum extent such that the remaining provisions of the Privacy Policy will continue in full force and effect
(a) To ask questions or comment about the Privacy Policy and our privacy practices, contact us at [email protected]
(b) To register a complaint or concern, please send an email to [email protected]
(c) If you need to access this Policy in an alternative format due to having a disability, please contact [email protected]
(a) We may, on one or more occasion and without prior notice to you, revise and update the Privacy Policy (as used throughout this Section 4.13, “Changes”). All Changes are effective immediately when we post them and will apply to all access to and use of the Website thereafter; provided, however that any Changes to the dispute resolution provisions set out above will not apply to any disputes for which the parties have actual notice before the date the Changes are posted on the Website. Generally, the effective dates of Changes will be recorded below.
(b) Your continued use of the Website following the posting of Changes, regardless of whether such Changes are recorded below, means that you accept and agree to such Changes. We recommend that you check this page from time to time so you are aware of any Changes, which will remain binding on you.
(c) If we make material changes to how we treat our members’ Personal information, we may notify you by email to the email address specified in your member profile or through a notice on the Website home page. You are responsible for ensuring we have an up-to-date active and deliverable email address for you, and for periodically visiting our Website and the Privacy Policy to check for any changes.
(d) Included below is the history of updates and changes to the Privacy Policy:
| DATE | BRIEF DESCRIPTION OF RELEVANT UPDATES AND CHANGE |
| 1 JANUARY 2021 | The Privacy Policy with an effective date of 1 January 2021 was published to the Website. |
“AEPIOS” IS A TRADEMARK OF AEPIOS HOLDINGS, LLC. | COPYRIGHT © 2020 -2021 AEPIOS HOLDINGS, LLC. ALL RIGHTS RESERVED.
