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Website Terms and Conditions of Use

Effective: 1 January 2021

Article I.                 AEPIOS.COM TERMS OF USE

Section 1.01           Acceptance of the Terms of Use

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.

 

Section 1.02          Limitations and Requirements of Use

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.

 

Section 1.03       Geographic Restrictions

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.

 

Section 1.04        Changes to the Terms of Use

(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.

 

Section 1.05       Accessing the Website

(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.

 

Section 1.06      Member Eligibility

(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:

  • You are a person 16 years of age or older, or a parent or legal guardian acting for a person is 16 years of age or older, with a personal interest in a health condition or in tracking their health and wellness on the Website;
  • You are a caregiver for a person eligible to become a member;
  • A health care professional (such as a doctor, physician’s assistant, nurse, or health research); or
  • A user with legitimate, non-commercial reason to become a member and access certain areas of the Website reserved for members, and who agrees to respect the privacy and preserve the dignity of all other members in such areas.

(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.

 

Section 1.07       Account Security and Security Procedures

(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:

  • You shall treat such information as confidential;
  • You shall not disclose such information to any other person or entity;
  • You shall be solely responsible for maintaining the confidentiality of such information and for all activities that occur under such information, regardless of your knowledge about such activities;
  • You acknowledge that your account and member profile are personal to you;
  • You shall not provide any other person with access to this Website (or any portions of it) using your username, password, or other security information;
  • You shall notify us immediately of any unauthorized access to, or use of, your username or password, or any other breach of security;
  • You shall make best efforts to ensure that you exit from your account at the end of each session;
  • We recommend that you 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; and
  • We may, at any time and without prior notice to you, disable any username, password, or other identifier, whether chosen by you or provided by us, if we determine that you have violated any provision of the Terms of Use or our Privacy Policy.

 

Section 1.08          Prohibited Uses

(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:

  • In any way that violates the Terms of Use, our Privacy Policy, or any applicable federal, state, local, or international law or regulation (including any laws regarding the export of data or software to and from the US or other countries);
  • For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise;
  • To obtain information from anyone under 16 years of age;
  • To send, knowingly receive, upload, download, use, or re-use any content that does not comply with the Content Standards described in Section 2.03
  • To transmit, or procure the sending of, any advertising or promotional material (including any “junk mail,” “chain letter,” “spam”) or any other similar solicitation;
  • To impersonate or attempt to impersonate the Company, a Company employee, another user, member, or any other person or entity (including by using email addresses, usernames, or screen names associated with any of the foregoing);
  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website;
  • To engage in any other conduct which, as we may determine, will cause harm to the Company, users or members of the Website, or expose any of the foregoing to liability;
  • Use the Website in any manner that could disable, overburden, damage, or impair (i) the Website or (ii) interfere with any user or member’s use of the Website, including their ability to engage in real-time activities through the Website;
  • Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the content on the Website;
  • Use, without our prior written consent, any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized by the provisions of the Terms of Use;
  • Use any device, software, or routine that interferes with the proper working of the Website;
  • Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is or could be malicious or technologically harmful, which we may determine;
  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of (i) the Website, (ii) the server on which the Website is stored, or (iii) any server, computer, device, or database connected to the Website;
  • Attack the Website via a denial-of-service attack or a distributed denial-of-service attack; or
  • Otherwise attempt to interfere with the proper working of the Website.

Article II. WEBSITE CONTENT

Section 2.01     User Contributions

(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:

  • You own or control all rights in and to the User Contributions;
  • You have the right to grant the license described in this Section 2.01;
  • You fully understand that User Contributions are subject to Section 2.02 of our Privacy Policy, which includes, among other things, your acknowledgement that (1) 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, and (2) IF YOU PROVIDE US WITH INFORMATION OVER THE INTERNET, YOU DO SO AT YOUR OWN RISK AND AGREE TO RELEASE US FROM ANY AND ALL LIABILITIES ARISING FROM YOUR PROVIDING US WITH SUCH INFORMATION OVER THE INTERNET; we recommend you consult Section 2 of our Privacy Policy, available at [https://aepios.eitdev.com/privacy-policy/]; and
  • Each of your User Contributions do and will comply with the Terms of Use and our Privacy Policy.

(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.

 

Section 2.02        Monitoring and Enforcement; Termination

We may, on one or more occasion and without prior notice to you:

  • Remove or refuse to post any User Contributions for any or no reason;
  • Take any action with respect to any User Contribution which we may deem necessary or appropriate (including any that we deem a violation of any provision contained in the Terms of Use or our Privacy Policy);
  • Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights (including their intellectual property rights or their right to privacy);
  • Take appropriate legal action (including referral to law enforcement) for any illegal or unauthorized use of the Website; and
  • Terminate or suspend your access to all or any part of the Website, which may include your membership to the Website, for any or no reason (including any that we deem a violation of any provision contained in the Terms of Use or our Privacy Policy).

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.

 

Section 2.03    Content Standards

(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:

  • Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable;
  • Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;
  • Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person;
  • Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with the Terms of Use and our Privacy Policy;
  • Be likely to deceive any person;
  • Promote any illegal activity, or advocate, promote, or assist any unlawful act;
  • Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person;
  • Impersonate any person;
  • Misrepresent your identity or affiliation with any person or organization;
  • Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising;
  • Provide Private Information (as that term is defined in the Privacy Policy) of any person under 16 years of age; or
  • Falsely give the impression that they emanate from, or are endorsed by, us or any other person or entity.

(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.

 

Section 2.04         Reliance on Information Posted

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.

 

Section 2.05          Changes to the Website

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).

 

Section 2.06       Information About You and Your Visits to the Website

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.

 

Section 2.07   Linking to the Website and Social Media Features

(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:

  • Link from your own or certain third-party websites to certain content on this Website;
  • Send emails or other communications with certain content, or links to certain content, on this Website, or to other members; and
  • Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.

(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:

  • Establish a link from any website that is not owned by you;
  • Cause the Website or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking;
  • Link to any part of the Website other than the homepage; or
  • Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of the Terms of Use and our Privacy Policy.

(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.

 

 

Section 2.08      Links from 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.

 

Article III. INTELLECTUAL PROPERTY

Section 3.01    Intellectual Property Rights

(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:

  • Modify copies of any materials from this Website;
  • Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text contained in this Website;
  • Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this Website;
  • Access or use for any commercial purposes any part of the Website or any services or materials available through the Website; or
  • Subject only to the exceptions contained at the end of this subsection and enumerated i-v, reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except that (i) your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials, (ii) you may store files that are automatically cached by your Web browser for display enhancement purposes, (iii) you may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution, (iv) you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use if we provide desktop, mobile, or other applications for download, provided however that you agree to be bound by any end user license agreement we have for such applications, and (v) if we provide social media features with certain content, you may take such actions as may be enabled by such features.

(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.

 

Section 3.02      Trademarks

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.

Article IV. COPYRIGHT POLICY

Section 4.01     Reporting Claims of Copyright Infringement

(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:

  • Your physical or electronic signature;
  • Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Website, a representative list of such works;
  • Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material;
  • Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address);
  • A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law;
  • A statement that the information in the written notice is accurate; and
  • A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

(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

E: [email protected]

 

With a copy to:

 

AEPIOS, LLC

c/o DOM LAW, PA

1814 North 15th Street

Tampa, Florida 33605

E: [email protected]

 

(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.

 

Section 4.02       Counter Notification Procedures

(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:

  • Your physical or electronic signature;
  • An identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled;
  • Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address);
  • A statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
  • A statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you reside outside the United States for any judicial district in which the Website may be found) and that you will accept service from the person (or an agent of that person) who provided the Website with the complaint at issue.

(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.

 

Section 4.03     Repeat Infringers

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.

Article V. DISCLAIMERS, LIMITATIONS, AND INDEMNIFICATION

Section 5.01      DISCLAIMER OF MEDICAL ADVICE AND MEDICAL DEVICE

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:

  • Provide a portal for health care providers to distribute educational information (e.g., interactive diagrams, useful links, and resources) to their patients regarding their disease, condition, treatment, or up-coming procedure;
  • Help guide patients to ask appropriate questions to their physician relevant to their particular disease, condition, or concern;
  • Provide information about gluten-free food products or restaurants; o Help match patients with potentially appropriate clinical trials and facilitate communication between the patient and clinical trial investigators;
  • Provide tutorials or training videos on how to administer first-aid or CPR;
  • Allow users to input pill shape, color, or imprint and displays pictures and names of pills that match this description;
  • Find the closest medical facilities and doctors to the user’s location;
  • Provide lists of emergency hotlines and physician/nurse advice lines;
  • Provide and compare costs of drugs and medical products at pharmacies in the user’s location.”

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:

  • YOUR CONDITION IS LIFE THREATENING;
  • YOUR CONDITION COULD BECOME LIFE THREATENING ON THE WAY TO THE HOSPITAL;
  • YOU ARE AT RISK OF FURTHER INJURY;
  • YOU NEED THE SKILLS OR EQUIPMENT OF PARAMEDICS; OR
  • TRAFFIC CONDITIONS OR DISTANCE MIGHT CAUSE A DELAY IN GETTING YOU TO THE HOSPITAL.

For more information about recognizing medical emergencies, see https://medlineplus.gov/ency/article/001927.htm .

 

Section 5.02       DISCLAIMER OF WARRANTIES

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.

 

Section 5.03     LIMITATION ON LIABILITY

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.

 

Section 5.04      LIMITATION ON TIME TO FILE CLAIMS

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.

 

Section 5.05       Indemnification

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.

Article VI.    MISCELLANEOUS TERMS

Section 6.01    Construction and Interpretation

(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.

 

Section 6.02      Notice

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.

 

Section 6.03    CHOICE OF LAW

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.

Section 6.04    SUBMISSION TO JURISDICTION

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.

 

Section 6.05     Arbitration

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.

 

Section 6.06     Waiver and Severability

(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.

 

Section 6.07    Third Party Beneficiary

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.

 

Section 6.08    Entire Agreement

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).

Article VII. YOUR COMMENTS AND CONCERNS

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].

Article VIII. POSTED UPDATES AND CHANGES TO TERMS OF USE

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.

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