Our Online Resources are directed to a general audience and not to children. By accessing or using the Online Resources, you represent and warrant to us that you are at least 18 or the age of majority in your jurisdiction required to form a binding contract. If you are accessing or using the Online Resources on behalf of an entity, you represent and warrant that you have the authority to bind that entity to the Terms.
2. Information and Educational Purposes. The Online Resources and the information we provide through the Online Resources is for general information and educational purposes only. For example, such information may include information relating to medical conditions and treatment of those conditions. That information is provided only for informational purposes and is not intended to be a substitute for advice provided by a doctor or other qualified healthcare professional. It should not be used for diagnosis or treatment of a health condition. For advice or information about diagnosis or treatment of a health condition, you should always consult with a competent, licensed doctor or other healthcare professional.
3. Content. We use reasonable efforts to ensure that the information we make available through the Online Resources is accurate, current, and complete. However, due to various factors, we make no representations or warranties of any kind (either express or implied) as to the quality, accuracy, completeness, timeliness, or currency of any such information. The ONLINE RESOURCES AND ANY INFORMATION ON THEM is provided to you “as is” for your use in accordance with these terms only. You agree that you must evaluate, and bear all risks associated with, your use of any such information. ADvantage Therapeutics (and all other parties involved in creating, producing, and delivering such information and the online resources) disclaim any and all liability in connection therewith. The Online Resources may contain information provided by third parties or may contain links to third-party websites, content, and services. We do not control, endorse, sponsor, recommend, or otherwise accept responsibility for the information provided by third parties, or the websites, content, or services of third parties to which we provide links. We expressly disclaim any liability for any errors or omissions in the content included in the Online Resources or any third party sites linked to or from the Online Resources.
4. Copyrights. The Online Resources contain copyrighted material and other proprietary information, and the entire content of the Online Resources is protected by United States copyright laws. You may not publish, reproduce, distribute, display, perform, edit, adapt, modify, or otherwise exploit any part of the Online Resources without our written consent. ADvantage Therapeutics makes no representations or warranties that your use of content available through the Online Resources will not infringe a third party’s rights.
5. Trademarks and other Proprietary Rights. ADvantage Therapeutics and other names, logos, designs, slogans, trademarks, service marks and trade dress on the Online Resources are owned by ADvantage Therapeutics or its affiliates or licensors, and may not be copied, imitated or used, in whole or in part, without prior written consent from ADvantage Therapeutics. No license to, or right in, any such proprietary rights of ADvantage Therapeutics or other parties is granted to, or conferred upon, you.
6. Prohibited Conduct. You many not access or use, or attempt to access or use, the Online Resources to take any action that could harm us or any third party, interfere with the operation of the Online Resources, or use the Online Resources in a manner that violates any laws. For example, and without limitation, you may not:
Violations of system or network security may result in civil or criminal liability. We may investigate and work with law enforcement authorities to prosecute visitors who violate the Terms. We may suspend or terminate your access to the Online Resources for any or no reason at any time without notice.
7. Indemnity. YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD US AND OUR AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, AND THIRD-PARTY PARTNERS (collectively, the “INDEMNIFIED PARTIES”) HARMLESS FROM AND AGAINST ANY AND ALL LOSS, COSTS, EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES AND EXPENSES), CLAIMS, DAMAGES, AND LIABILITIES RELATED TO OR ASSOCIATED WITH YOUR USE OF THE ONLINE RESOURCES AND ANY ALLEGED VIOLATION BY YOU OF THESE TERMS. WE RESERVE THE RIGHT TO ASSUME THE EXCLUSIVE DEFENSE OF ANY CLAIM FOR WHICH WE ARE ENTITLED TO INDEMNIFICATION UNDER THIS SECTION. IN SUCH EVENT, YOU SHALL PROVIDE US WITH SUCH COOPERATION AS WE REASONABLY REQUEST.
8. Limitations of Liability. In no event will we OR ANY OF THE INDEMNIFIED PARTIES be liable For any direct or indirect, special, incidental, consequential or punitive damages, lost profits, or other damages whatsoever arising in connection with the use of the online resources, any interruption in availability of the online resources, delay in operation or transmission, computer virus, loss of data, or use, misuse, reliance, review, manipulation, or other utilization in any manner whatsoever of the online resources or the data collected through the online resources, even if one or more of them has been advised of the possibility of such damages or loss. ANY CLAIM ARISING OUT OF OR CONNECTED WITH THE ONLINE RESOURCES WILL BE LIMITED TO THE GREATER OF $50 OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS.
9. Governing Law; Venue; Limitation of Claims. The Terms shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, USA without regard to its conflicts of laws principles. You hereby consent to exclusive jurisdiction and venue in the state and federal courts of Middlesex County, Commonwealth of Massachusetts, USA for resolution of any and all controversies, disputes, demands, counts, claims, or causes of action arising out of or relating to these Terms. You and ADvantage Therapeutics submit to the personal jurisdiction of such courts for those purposes. Any claim either party has against the other under these Terms must be brought within one (1) year after the cause of action arises.
10. General. The Terms constitute the entire agreement between you and us, superseding any prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and us. In the event any provision of these Terms is held unenforceable, it will not affect the validity or enforceability of the remaining provisions and will be replaced by an enforceable provision that comes closest to the intention underlying the unenforceable provision. You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of the Terms or your access to and use of the Online Resources.
Our failure to enforce any provisions of these Terms or respond to a violation by any party does not waive our right to subsequently enforce any terms or conditions of the Terms or respond to any violations. We reserve the right to assign our rights and obligations under the Terms. However, except with our prior written consent, you may not assign any of your rights or obligations under the Terms. All rights and remedies of ADvantage Therapeutics hereunder are cumulative and in addition to those at law and in equity. Nothing contained in these terms is in derogation of our right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Online Resources or information provided to or gathered by us with respect to such use.
11. Contacting Us. You may contact ADvantage Therapeutics at:
ADvantage Therapeutics Inc.
195 NW 40th Street
Miami, FL 33127
We collect some information automatically when you use our Online Resources, such as your Internet Protocol (IP) address, browser and operating system type and version, Internet service provider, pages that you visit before and after using the Online Resources, the date and time of your visit, information about the links you click and pages you view within the Online Resources, and other standard server information.
We use information to analyze and improve the Online Resources. We also use information to measure the number of visitors to our site and numbers of visitors to various sections of our site for the purpose of determining trends and visitor needs.
Service Providers. We may use third party service providers to perform certain services on our behalf on the Online Resources, such as hosting the Online Resources, measuring activities on the Online Resources and analytics, and performing other administrative services. We may provide these service providers access to information to carry out the services they are providing.
Analytics. We use Google Analytics to help us understand how visitors use our Online Resources, so that we may improve our services. Information about how Google Analytics uses data, and how you may control what information is shared with Google, can be found here.
We also may access, use, preserve, transfer and disclose your information to third parties: (i) to satisfy any applicable law, regulation, subpoenas, governmental requests or legal process if in our good faith opinion such is required or permitted by law; (ii) to protect and/or defend the policies applicable to the Online Resources, including investigation of potential violations thereof; (iii) to protect the safety, rights, property or security of the Online Resources or any third party; and/or (iv) to detect, prevent or otherwise address fraud, security or technical issues.
We reserve the right to disclose and transfer all information: (a) to a subsequent owner, co-owner or operator of the Online Resources or applicable assets; or (b) in connection with a merger, consolidation, restructuring, the sale of substantially all of our interests and/or assets or other corporate change, including, during the course of any due diligence process.
We will retain your information only for as long as necessary to fulfill the purposes for which it was collected and processed, including for the purposes of satisfying any legal, regulatory, accounting or reporting requirements.
You are responsible for maintaining the accuracy of the information you submit to us. You may provide updates and changes by contacting us at the address below. If so, we will make good faith efforts to make requested changes in our then-active databases as soon as reasonably practicable.
We do not knowingly collect any information from children younger than the age of thirteen (13) as required by U.S. law. We will delete any information collected that we later determine to be from a user younger than the age of thirteen (13). If you are a parent or guardian of a child under the age of thirteen (13) and believe he or she has disclosed information to us, please contact us at the address below.
ADvantage Therapeutics Inc.
195 NW 40th Street
Miami, FL 33127