Legal Terms of Use

This website ("Website") is provided to you under these "Terms of Use" and any future amendments or additions (collectively referred to as this "Agreement") that may be posted by Vivunt Pharma LLC or one of its affiliated companies (collectively, "Site Owner," "we," "us") from time to time. By using this Website or any services or content available through it or the Mobile Software, you agree to be legally bound by the terms and conditions of this Agreement, enforceable as if you had signed it. If you do not agree to these terms, please do not use the Website or submit any materials on it.

 

Intended Audience

This Website is aimed at residents of the United States of America and is not intended for individuals under the age of 13.

 

Information Disclaimer

The information, including any advice and recommendations, on the Website is provided solely as a general educational resource. It is not intended to serve as medical or healthcare advice or for use in medical diagnosis or treatment of any specific issue. It is also not a substitute for professional advice and services from a qualified healthcare provider familiar with your individual circumstances. Always seek the advice of your doctor or another qualified healthcare provider regarding any medical condition and before starting any new treatment. Your use of the Website is subject to additional disclaimers and caveats that may appear throughout the Website.

 

We assume no responsibility for any consequences, direct or indirect, related to any action or inaction you take based on the information, services, or other material on the Website. While we strive to keep the information on the Website accurate, complete, and up-to-date, we make no guarantees and will not be liable for any damage or loss related to the accuracy, completeness, or timeliness of the information on the Website.

 

Ownership

You understand that the Website is available for your personal, non-commercial use only. You agree that the Website, including all intellectual property rights, is the property of the Site Owner, and you have no right to use it other than as outlined in these Terms of Use. We are not responsible for any harm or loss you may suffer from any use of the Website for business purposes or other unauthorized purposes under these Terms of Use. We reserve the right to refuse or terminate access to the Website at our discretion. The Website is provided free of charge, and we have no obligation to provide maintenance or support services for it, nor are we responsible for any loss or damage you may suffer from any failure to maintain or update the Website.

 

You may not copy, alter, or reuse the Website, any updates, or any part of it, including the software incorporated within it.

 

You may use this Website only for lawful purposes and in accordance with these Terms of Use. You are granted a nonexclusive, nontransferable, revocable, limited license to view, print, and distribute content retrieved from the Website for your personal, non-commercial purposes, provided that you do not remove or obscure any copyright notices or other notices displayed on the content. You may not copy, reprint, modify, display, perform, translate, distribute, adapt, broadcast, communicate to the public by telecommunication, circulate, or sell the content retrieved from the Website in any way for any commercial use, or provide it to any commercial source, including other websites, without the prior written permission of the Site Owner.

 

Additionally, you agree not to: (i) use this Website in any manner that could disable, overburden, damage, or impair it, or interfere with any other user’s ability to engage in real-time activities through the Website; (ii) use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including to scrape, data mine, monitor, or copy any material on the Website; (iii) use any manual process to monitor or copy any material on the Website, or engage in any other unauthorized purpose without the express prior written consent of the Site Owner; (iv) use any device, software, or routine that interferes with the proper working of the Website; or (v) otherwise attempt to interfere with the proper working of the Website. 

We reserve all rights not expressly granted to you.

 

Your Account and Password

When you first register to use the Website, you may be prompted to create a password. You must keep your password confidential and not share it with anyone or let them use your account. Do not use anyone else’s password or account. Inform us immediately if you suspect any unauthorized use of or access to your password or account. We will not be responsible for any harm or loss you suffer if you do not keep your password confidential, allow someone else to use your account, use someone else’s password or account, or become aware of or suspect unauthorized use of your password or account but do not inform us promptly.

 

Privacy and Consent to Use Data

The information we obtain through your use of the Website, whether during the registration process or otherwise, is subject to our Privacy Policy. Our Privacy Policy outlines our collection and use of the data you provide to us, including your rights regarding that information.

 

Electronic Communications

The information communicated on the Website constitutes an electronic communication. When you communicate with us through the Website or other forms of electronic media, such as email, you are communicating with us electronically. You agree that we may communicate electronically, subject to local privacy laws, and that such communications, including notices, disclosures, agreements, and other communications that we provide to you electronically, are equivalent to written communications and shall have the same force and effect as if they were in writing and signed by the party sending the communication.

User Submissions

We have created, or may create in the future, certain areas within the Website, such as message boards and chat rooms, where members can upload and share their thoughts, comments, product reviews, pictures, videos, and similar content with other members (collectively, "Posts"). These Posts may be available only to registered members of the Website. To ensure that the text, graphics, software, music, sound, photographs, videos, messages, posts, data, information, or other materials posted by users (collectively, "User Content") are beneficial for the greater community, we have established some basic rules for everyone to follow.

Additionally, if a Forum is provided within the Website, it may allow users to post questions to be answered by experts engaged by us. These experts are compensated for their time in responding to members' questions, but the opinions they express are their own. We provide access to the experts and their guidance in the Forum solely as an informational and educational service to members of the Website.

Our policy for this Website is to review User Content, as far as practical, either before or after it is posted. Pre-moderation means that the User Content will not be posted to the Forum and cannot be accessed or viewed by other Website members until we have reviewed it and determined it is suitable for posting. This process also means that User Content submitted for posting will not be posted in real time and may never be posted if we determine it is unsuitable for the Website. Post-moderation means that User Content will be reviewed by us once it is already posted on the Website. Post-moderated User Content that the Site Owner determines does not comply with these Terms or is otherwise unsuitable for the Website will be removed from the Website without notice to the User.

User Content must be appropriate for the Forum. Without limiting the reasons for which User Content may be rejected by us, we may reject, edit, or remove any User Content that does not comply with any Community Guidelines that we provide, which you must read prior to posting any User Content on the Website.

By submitting User Content for posting in a Forum, you also (1) confirm that you have the right to post or transmit the User Content; (2) agree that you are solely responsible for all User Content you submit for posting; and (3) grant the Site Owner and its affiliated entities an irrevocable, worldwide, nonexclusive, perpetual, fully sub-licensable, transferable, royalty-free right and license to use your User Content in any way on the Website and any other website owned or operated by the Site Owner or its affiliates, as well as on any social media sites associated with the Site Owner or its affiliates.

We are free to use any ideas, concepts, know-how, or techniques contained in or derived from any User Content for any purpose, including developing, manufacturing, and marketing products. Therefore, please do not submit or send any ideas, suggestions, or materials that you wish to keep confidential or for which you expect to receive compensation. You will not have any claim against us with respect to any use or non-use of User Content. When you submit User Content, you understand that we will have the right, but not the obligation, to use, display, and publish your name, photograph, likeness, voice, performance, biographical information, and/or statements worldwide in perpetuity on the Website and any affiliate or successor website or social media channels owned or operated by us or our affiliates. If we make use of any of these rights, you understand and agree that you shall not receive any other consideration, payment, notification, or credit, nor will you have any approval over how the Site Owner uses them.

 

You acknowledge that the Forums contain the opinions and views of other users. You further acknowledge that we are not responsible for the accuracy of any User Content on the Website. You understand and agree that all User Content is the sole responsibility of the person who posted the content. You understand and agree that you will evaluate and bear all risks associated with the use of any User Content, including any reliance on its accuracy, completeness, or usefulness.

 

We reserve the right at any time to discontinue, temporarily or permanently, your ability to upload User Content and/or your ability to access User Content, with or without notice, at our sole discretion. You agree that we shall not be liable to you or any third party for any suspension or discontinuance of acceptance of User Content.

 

Remember that all User Content you submit to the Website through a mobile device will be stored on that mobile device. The security and safety of your mobile device, the information and materials contained on it, and any password you use on your device and to access the Website are your sole responsibility.

 

Storage of User Content

We may impose a maximum amount of storage for User Content on the Website. We are not responsible for any loss or harm you may suffer as a result of any deletion or failure to store any messages, communications, or other User Content associated with maintaining the maximum amount of storage.

Additional Terms

Certain features or content on the Website, such as offers, prize draws, competitions, contests, and sweepstakes, may be governed by additional terms. By participating in any activity on the Website governed by additional terms, such as a prize draw, competition, contest, or sweepstakes with Official Rules, you agree to be subject to those additional terms in addition to these Terms of Use.

Disclaimer of Warranties With Respect to Use of Website

THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXCEPT AS SPECIFICALLY PROVIDED HEREIN, TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, SITE OWNER EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, LEGAL, OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

SITE OWNER DOES NOT MAKE ANY WARRANTY THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS, OR THAT ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED. SITE OWNER MAKES NO WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE OR AS TO THE ACCURACY, QUALITY, OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE WEBSITE.

YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS USED AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SITE OWNER OR THROUGH THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

Limitations of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES WILL SITE OWNER, ITS AFFILIATES, AND ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, MANDATARIES, OR OTHER REPRESENTATIVES BE LIABLE FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR AGGRAVATED DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF USE, LOSS OF INCOME, SAVINGS, OR PROFITS, LOSS OF DATA, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES, OR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), OR OTHERWISE RESULTING FROM (1) THE USE OF, OR THE INABILITY TO USE, THE WEBSITE; (2) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES, ITEMS, OR WEBSITES; (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA (INCLUDING PERSONAL INFORMATION); (4) THE STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE; OR (5) ANY OTHER MATTER RELATING TO THE WEBSITE. THESE LIMITATIONS WILL APPLY WHETHER OR NOT SITE OWNER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. THIS EXCLUSION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS.

Trademark Notices

The trademarks and brand names shown on this Website are owned by the Site Owner, its affiliates, or third parties. You may not use or display any trademarks or service marks owned by the Site Owner without obtaining our prior written consent. Similarly, you may not use or display any other trademarks or service marks on this Website without permission from their respective owners.

 

Notice and Procedure for Making Claims of Copyright Infringement

We encourage our users to respect others' intellectual property. In accordance with the Digital Millennium Copyright Act (17 U.S.C. sec. 512), we have designated an agent to receive notices of claimed copyright infringement. You can contact our Copyright Agent through the "Contact Us" section of this website by following the process outlined below, via the phone numbers listed on our Contact Us page, or by sending a letter with the following six (6) pieces of information to: Copyright Complaint, 3350 SW 148th Ave. Suite 110 Miramar, Florida 33027.

If you believe that your work has been copied in a manner that constitutes copyright infringement, please provide our Copyright Agent with the following information:

 

1. The full name, email address, and physical address of the person authorized to act on behalf of the copyright owner;

2. If using the “Contact Us” page, select the “Concern or Complaint” option under the “Subject of Email” section of the form;

3. A description of the copyrighted work you believe has been infringed, with an original signature. If using the “Contact Us” form, include this information in the “Question or Comment” section, with an electronic signature at the end (e.g., /name/);

4. A description of where the allegedly infringing material is located on the Website (including a specific link/URL if possible);

5. A statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law, included in your complaint, or if using the form, in the “Question or Comment” section; and

6. A statement made under penalty of perjury affirming that the information provided is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner, included in your complaint letter or if using the form, in the “Question or Comment” section (which will contain your “electronic signature” as required in item three above).

 

Upon receiving a proper notice of alleged copyright infringement:

 

1. We will remove or disable access to the material claimed to be infringing;

2. We will forward the notice to the alleged infringer ("Subscriber"); and

3. We will make reasonable efforts to promptly notify the Subscriber that their material has been removed or access has been disabled.

Modification or Suspension of the Website

While we strive to keep the Website accessible, we may need to interrupt, restrict, modify, or discontinue the Website or parts of it, either temporarily or permanently, without prior notice. We are not liable for any harm or loss that may result from such actions.

Termination

We may terminate your access to the Website and delete any or all of your User Content at any time, without prior notice, if there is a valid reason, including any breach of these Terms of Use and Community Guidelines. We are not responsible for any loss or damage resulting from such termination. Upon termination, you must cease using the Website, and the provisions related to Ownership, Trademark Notices, Indemnification, Disclaimer of Warranties, Limitations of Liability, and Applicable Law will continue to apply.

Links to Third Party Sites

This Website may include links to third party websites for your convenience. Such links do not imply endorsement of third party products, services, or information. Any information, data, opinions, recommendations, products, or services provided by third parties via these links are solely those of the third parties and not of Site Owner. Your use of third party websites is governed by their own terms of use and privacy policies.

Indemnification

You agree to indemnify and hold harmless the Site Owner, its affiliates, and their respective directors, officers, employees, agents, and other representatives from any claims, liabilities, damages, and expenses, including legal fees and costs, arising from (a) your breach of these Terms of Use; (b) your use of the Website, including any transmission or posting of information or materials by you; and (c) any claims or allegations that your User Content infringes the intellectual property, proprietary rights, or privacy rights of any third party.

Modifications to these Terms

We may update these Terms of Use periodically at our discretion by posting the revised Terms on this Website and indicating the effective date of the new version. The "Last Updated" date at the top of these Terms will show when the latest changes were made. By continuing to use the Website after a new version is posted, you accept any changes. Therefore, you should check these Terms regularly to see if there are any updates.

Contact Information

For questions or concerns regarding these Terms of Use or the Website, please contact us as outlined in the Privacy Policy or the "Contact Us" section of this Website.

Severability of Agreement

 

If any part of these Terms of Use is found to be unlawful, void, invalid, or unenforceable, that portion will be considered severable from the Terms, and the remaining provisions will continue in full force and effect.

 

Survival

All sections of these Terms of Use will remain in effect after your right to use the Website is terminated.

 

Applicable Law and Jurisdiction 

The Website is intended for use by residents of the United States. Other countries may have different laws or regulations. The Agreement, any disputes related to it, and any non-contractual obligations will be governed by the laws of Florida, USA, without regard to conflict of laws principles. Any legal action related to the Agreement must be brought in a court in Florida, USA, and you agree to submit to the personal jurisdiction of these courts.