Updated July 1, 2024
Averitas Pharma, Inc., and its affiliated companies (“Averitas,” “we,” “us,” or “our”), oversees this website, averitaspharma.com (“Site”), associated mobile application, or other related online services (collectively, our “Services”). These Terms of Use (“Terms”) are applicable to you (“user(s),” “you,” or“your”) and govern your access to and use of the Services, as well as anyinformation, text, graphics, photos, or other material uploaded, downloaded or appearing on the Services. The Terms contained herein apply to all users of our Services and are a legal contract between you and us, so it is important that you review them carefully before using the Services. By accessing or using the Services, you acknowledge that you have read, understood, and agree to be bound by the Terms. If you do not agree to the Terms, do not access or use the Services.
THE INFORMATION ON THIS SITE IS BEING PROVIDED FOR INFORMATIONAL PURPOSES ONLY. THE SERVICES ARE INTENDED TO BE USED BY RESIDENTS OF THE UNITED STATES ONLY.
THESE TERMS CONTAIN DISCLAIMERS OF WARRANTIES, DISCLAIMERS OF LIABILITY, AND A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER. PLEASE READ THEM CAREFULLY.
1. General
We may want to change the Terms or modify any features of the Services provided on this Site. Any changes at any time will be at our sole discretion. The most current version of the Terms can always be viewed by clicking on the “Terms of Use” link at the bottom of the Site’s home page. Rather than insist that the Terms of Use are read and accepted each time the Site is visited, if you continue to use the Services after changes are posted you will be deemed to have accepted the change. Please check these Terms whenever you access our Services to see what those changes may be.
2. Accessing Our Services
We reserve the right to withdraw or amend our Services, and any service or material we provide on our Site, in our sole discretion without notice. You agree that we will not be liable if, for any reason, all or any part of our Services are unavailable at any time or for any period.
You are solely responsible for making all arrangements necessary for you to have access to our Services. To access our Services or some of the resources it offers, you may be asked to provide information. It is a condition of your use of our Services that all the information you provide on our Services is correct, current, and complete. You agree that all information you provide, and all information we collect through our Services, is governed by the Privacy Policy. You consent to all actions we take with respect to your information consistent with the Privacy Policy.
You are responsible for all content submitted and activity that occurs under your user session.
3. Intellectual Property and Restrictions on Your Use of Our Online Materials
IP and Online Materials. The Site, including all text, images, designs, graphics, images, photos, illustrations, content, names, logos, trademarks, service marks, trade names, source code, object code, software, data, features, functionality (including but not limited to all information, software, displays, enablement of video and audio, and any audio clips, video clips, and music, as well as the design, selection, and arrangement thereof) are owned by us, our licensors, or other providers of such materials (collectively, “Online Materials”). For purposes of clarity, Averitas owns the rights to the compilation, arrangement, and assembly, along with any modifications, variations, updates, versions, and changes to all information entered and stored within our Site’s database(s) as part of the Site, as well as the Online Materials. These Online Materials, collectively, are protected by United States copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. All of the Site’s Online Materials are copyrighted materials and are protected by the Copyright Act of 1976. You are not permitted to republish, reproduce, transmit, transfer, prepare derivative versions or works, or otherwise use any Online Materials featured on this Site without our prior, express, and written permission.
Limited License. You do not and will not acquire any intellectual property rights in the Site, including but not limited to the underlying Services and the Online Materials published herein, by your use of the Site and Services. Subject to your compliance with the terms and conditions of these Terms, we grant you a limited, non-exclusive, non-transferable, and revocable license, without the right to sublicense, to access and use the Site and to download and print any Online Materials provided by us, solely for your personal and non-commercial purposes. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by us or our licensors, except for the limited license expressly granted in the preceding sentence. Furthermore, you may only continue to use our Services provided that you: (1) retain all copyright, trademark and propriety notices; (2) make no modifications to the Online Materials; (3) do not use the Online Materials in a manner that suggests an association with any of our products, services, events or brands; and (4) you do not download quantities of Online Materials to a database, server, or personal computer for reuse for commercial purposes.
Further Restrictions and Disclaimers Related to Online Materials. You may not copy, reproduce, republish, upload, post, create derivative works of, publicly display, transmit or distribute Online Materials in any way or for any other purpose unless you get our written permission first. Neither may you add, delete, distort or misrepresent any content on our Services. Any attempts to modify any Online Materials, or to defeat or circumvent our security features is prohibited. You may not access or use our Services for commercial purposes. If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of our Services in breach of these Terms, your right to use our Services will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to our Services, Online Materials, or any other content on our Services is transferred to you, and all rights not expressly granted are reserved by us. Any use of our Services not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.
While we make reasonable efforts to do so, we make no representations or warranties of any kind as to the accuracy, currency, or completeness of the Online Materials made available through the Services. In particular, the Online Materials should never be used as a substitute for the advice provided by your physician or other healthcare provider. Do not use or rely on the Online Materials to diagnose or treat a disease or health problem or to delay or decline to seek medical advice. Only your physician or other healthcare provider can determine whether a product referred to on the Services is right for you. Averitas is not responsible or liable for any decisions you may make in reliance on the Online Materials.
4. Submissions
If you submit any questions, comments, suggestions, information, ideas, concepts, graphics or other materials to Averitas, whether oral, written, or electronic (collectively, “Submissions”), no confidential or other relationship shall be established between you and Averitas. Your submissions shall be considered non-confidential and shall become the sole and exclusive property of Averitas, and your providing a Submission will constitute your assignment to Averitas of all worldwide rights, titles, and interests in all copyrights and other intellectual property in the Submission. Averitas will be under no obligation to (i) maintain any Submission in confidence; (ii) pay any compensation for any Submission; or (iii) respond to any Submission. Furthermore, Averitas has the right to publish, reproduce, modify, adapt, distribute, transmit to others and otherwise use any submissions for any purpose whatsoever (including, but not limited to, research, development, manufacture, advertising or sale of any products or ingredients incorporating or relying on such submissions), in any media, throughout the world and in perpetuity, and without any compensation, attribution or other obligation to you. You acknowledge that you are responsible for any Submission you make. This means that you (and not we) have full responsibility, and liability, related to the message, including its legality, reliability, appropriateness, originality, and copyright.
5. Third-Party Content and Third-Party Websites
The Services may provide links to websites or resources outside of the Site. Because Averitas has no control over external sites and resources, you acknowledge and agree that Averitas is not responsible for the availability of such sites or resources, and that Averitas does not endorse and is not responsible or liable for any content, advertising, goods, services or other materials on, available through or provided by such sites or resources.
Your correspondence or business dealings with, or participation in promotions of, any websites that you may find or link to through the Services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such websites. You agree that Averitas shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of links to such websites on the Services.
Prohibited Conduct
You may use our Services only for lawful purposes and in accordance with these Terms. You may not access or use, or attempt to access or use, the Services to take any action that could harm us or any third party, interfere with the operation of the Services, or use the Services in a manner that violates any applicable federal, state, local, or international law (including, without limitation, any laws regarding the export of data or software to and from the U.S. or other countries). For example, and without limitation, you may not:
Make use of the contents of the Services in any manner that constitutes an infringement of our rights or the rights of other users or third parties, including copyrights.
Access parts of the Services to which you are not authorized, or attempt to circumvent any restrictions imposed on your use or access of the Services.
Engage in unauthorized “scraping” or spidering, or harvesting of information, or use any unauthorized automated means to compile information.
Take any action that imposes an unreasonable or disproportionately large load on our network or infrastructure.
Use any device, software, or routine to interfere or attempt to interfere with the proper working of the Services or any activity conducted on the Services.
Attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of the Services.
Permit other individuals or entities to use or copy the Site or Services or “frame” or “mirror” the Site or Services on any other server or wireless or Internet-based device.
Engage in any other conduct that restricts or inhibits any other person from using or enjoying the Services.
Take any action that violates or threatens our system or network security.
Violations of these Terms may result in civil or criminal liability. We may investigate violations of these Terms and we may also work with law enforcement authorities to prosecute users who violate the Terms.
7. Jurisdictional Issues
The Services, including all product information, are intended for use only by persons in the United States. Averitas makes no representations that the Online Materials are appropriate for users in countries other than the United States, which countries may have different legal or regulatory requirements or restrictions regarding, or may require different indications for, the sale or use of pharmaceutical products or information. Those who choose to access the Services from locations outside the United States do so on their own initiative and are responsible for compliance with national and local laws, if and to the extent national and local laws are applicable. Nothing herein should be considered a solicitation, promotion or indication for any product that is not permitted by the laws or regulations of the country where you reside.
Also, please note that certain software and data files from the Services may be subject to export controls imposed by the United States government and may not be downloaded or otherwise exported to a country (or a national or resident of a country) upon which the United States government has placed an embargo. If you download or use any such software or data files, you warrant that you are not located in, or a national of, or under the control of, any such country, or a foreign citizen of such country.
Termination
Averitas reserves the right, in its sole discretion, immediately and without notice to suspend or terminate the Terms and/or your ability to access the Services. Otherwise applicable sections of the Terms shall survive termination. In addition to any termination rights, we reserve the right to take appropriate legal action, including, without limitation, enforcing and prosecuting any violations of these Terms, for any illegal or unauthorized use of the Terms.
YOU WAIVE AND HOLD US HARMLESS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY US DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER US OR LAW ENFORCEMENT AUTHORITIES.
We assume no liability for any action or inaction regarding transmissions, communications, or content provided by you or anyone else. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
9. Arbitration; Class Action Waiver; Venue; and Governing Law
With respect to any and all disputes arising out of or relating to the Services or these Terms, Averitas and you agree to negotiate in good faith and undertake reasonable efforts to cooperate with one another in order to achieve a mutually satisfactory resolution. If you and Averitas do not resolve any dispute by informal negotiation, any other effort to resolve the dispute will be conducted exclusively by binding individual arbitration as described in this section. You are giving up the right to litigate (or participate in as a party or class member) all such disputes in court before a judge or jury.
YOU FURTHER AGREE THAT ANY PROCEEDINGS TO ARBITRATE OR LITIGATE ANY DISPUTE IN ANY FORUM WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS. NEITHER YOU NOR AVERITAS WILL SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION OR IN ANY OTHER PROCEEDING IN WHICH EITHER PARTY ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY. No arbitration or other proceeding will be combined with another without the prior written consent of all parties to all affected arbitrations or proceedings.
Averitas and you agree that all disputes subject to arbitration that cannot be settled through informal negotiation will be resolved exclusively and individually through confidential binding arbitration in accordance with the Consumer Arbitration Rules of the American Arbitration Association. The arbitrator’s award shall be final, subject only to right of appeal under the Federal Arbitration Act, and may be entered and enforced as a judgment in any court of competent jurisdiction. You agree that Averitas may seek any interim or preliminary relief from a court of competent jurisdiction in New Jersey, necessary to protect its rights or property pending the completion of arbitration.
Any claim not subject to arbitration by this section shall be subject to the exclusive jurisdiction of state or federal courts in New Jersey. The parties hereby waive any argument that any such court does not have personal jurisdiction or that the forum is not appropriate or convenient.
To the maximum extent permitted by law, you permanently and irrevocably waive the right to bring any claim in any forum unless you provide Averitas with written notice of the event or facts giving rise to the claim within one (1) year of their occurrence.
This Agreement shall be governed by the laws of the United States and the State of Delaware. By using the Services, you waive any claims that may arise under the laws of other states, countries, territories or jurisdictions.
10. Disclaimer of Warranties
YOUR USE OF THE SERVICES, THE CONTENT THEREON, AND ANY OTHER ITEMS ACCESSED THROUGH OUR SERVICES IS AT YOUR OWN RISK. OUR SERVICES, THE CONTENT THEREON, AND ANY OTHER PRODUCTS OR ITEMS OBTAINED THROUGH OUR SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. AVERITAS MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED (A) THAT THE SERVICES OR CONTENT WILL BE FREE FROM ERROR, OMISSION, INACCURACIES, INTERRUPTION, DEFECT, OR DELAY IN OPERATION, (B) THAT THE SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, (C) THAT DEFECTS OR ERRORS IN THE SERVICES WILL BE CORRECTED, OR (D) THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, AVERITAS DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY LAW ANY AND ALL (A) WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, (B) WARRANTIES AGAINST INFRINGEMENT OF ANY THIRD-PARTY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS, (C) WARRANTIES RELATING TO THE TRANSMISSION OR DELIVERY OF THE SERVICES, (D) WARRANTIES RELATING TO THE ACCURACY, RELIABILITY, CORRECTNESS, TIMELINESS OR COMPLETENESS OF THE CONTENT, INCLUDING ALL INFORMATION OR OTHER MATERIAL MADE AVAILABLE ON THE SERVICES OR OTHERWISE BY AVERITAS, AND WARRANTIES OTHERWISE RELATING TO PERFORMANCE, NONPERFORMANCE, OR OTHER ACTS OR OMISSIONS BY AVERITAS OR ANY THIRD PARTY. THE CONTENT AND SERVICES ARE SUBJECT TO CHANGE WITHOUT NOTICE.
To the extent allowed by law, neither Averitas, nor any of its affiliates, service providers, information providers, licensors, employees, officers, directors, members, assignees, or agents shall have any liability for incidental, consequential, indirect, exemplary, punitive, or special damages suffered by you or any other party arising out of or related to your use of our Services, published programs, videos, services or products, or your purchase of services or products from Averitas via our Services or otherwise.
11. Limitation of Liability
TO THE EXTENT PERMITTED BY LAW, YOU HEREBY RELEASE AVERITAS, TOGETHER WITH ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, AND REPRESENTATIVES, FROM ALL LIABILITY ASSOCIATED WITH YOUR USE OF THE SITE AND THE SERVICES.
IN NO EVENT WILL AVERITAS OR ITS AFFILIATES OR ANY PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES, INCLUDING BUT NOT LIMITED TO LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS, BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES, UNDER ANY LEGAL THEORY, INCLUDING BUT NOT LIMITED TO DAMAGES OR INJURY CAUSED BY ANY:
USE OF (OR INABILITY TO USE) OUR SERVICES OR OUR ONLINE MATERIALS
USE OF (OR INABILITY TO USE) ANY WEBSITE TO WHICH YOU HYPERLINK FROM OUR SITE
FAILURE OF OUR SERVICES TO PERFORM IN THE MANNER YOU EXPECTED OR DESIRED
ERROR ON OUR SERVICES; OMISSION ON OUR SERVICES; INTERRUPTION OF AVAILABILITY OF OUR SERVICES; DEFECT ON OUR SERVICES; DELAY IN OPERATION OR TRANSMISSION OF OUR SERVICES; COMPUTER VIRUS OR LIKE FAILURE; DAMAGES INTENDED TO COMPENSATE SOMEONE DIRECTLY FOR A LOSS OR INJURY
PUNITIVE DAMAGES
DAMAGES REASONABLY EXPECTED TO RESULT FROM A LOSS OR INJURY (KNOWN IN LEGAL TERMS AS “CONSEQUENTIAL DAMAGES”)
OTHER MISCELLANEOUS DAMAGES AND EXPENSES RESULTING DIRECTLY FROM A LOSS OR INJURY (KNOWN IN LEGAL TERMS AS “INCIDENTAL DAMAGES”)
WE ARE NOT LIABLE EVEN IF WE’VE BEEN NEGLIGENT OR IF OUR AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR BOTH.
EXCEPTION: CERTAIN STATE LAWS MAY NOT ALLOW US TO LIMIT OR EXCLUDE LIABILITY FOR THESE “INCIDENTAL” OR “CONSEQUENTIAL” DAMAGES. IF YOU LIVE IN ONE OF THOSE STATES, THE ABOVE LIMITATION OBVIOUSLY WOULD NOT APPLY WHICH WOULD MEAN THAT YOU MIGHT HAVE THE RIGHT TO RECOVER THESE TYPES OF DAMAGES.
HOWEVER, IN ANY EVENT, OUR LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, INJURIES, AND CLAIMS OF ANY AND EVERY KIND (WHETHER THE DAMAGES ARE CLAIMED UNDER THE TERMS OF A CONTRACT, OR CLAIMED TO BE CAUSED BY NEGLIGENCE OR OTHER WRONGFUL CONDUCT, OR THEY’RE CLAIMED UNDER ANY OTHER LEGAL THEORY) WILL NOT BE GREATER THAN THE AMOUNT YOU PAID, IF ANYTHING, FOR THE USE OF THE SERVICES.
12. Indemnification
You agree to defend, indemnify, and hold harmless Averitas and its parent, subsidiaries, and affiliates, and their owners, directors, officers, managers, employees, shareholders, agents, and licensors, from and against all losses, expenses, damages, fees and costs, including reasonable attorneys’ fees, resulting from any violation of the Terms, as well as your gross negligence, willful misconduct, or violation of applicable while using the Site or Services. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this Section. In such event, you shall provide us with such cooperation as is reasonably requested by us.
13. Present or Future Employment with Averitas
Should you become employed with Averitas, none of the information or materials on the Services shall constitute or be considered part of an employment contract or an employee manual or handbook. Nothing stated or represented on the Services shall affect the employment relationships between Averitas and its current, former, or future employees.
14. Miscellaneous
Supplemental Terms. When using the Site and Services, you are subject to any posted guidelines, rules, or supplemental terms applicable to such services or features, as may be posted from time to time. All such guidelines, rules, or terms are hereby incorporated by reference into the Terms.
No Waiver. The failure of Averitas to enforce any provisions of the Terms or to respond to a breach by you or other parties shall not in any way waive its rights to enforce subsequently any terms or conditions of the Terms or to act with respect with similar breaches.
No Partnership. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Averitas as a result of these Terms or your access to and use of the Services.
Entire Agreement. Unless otherwise specified herein, the Terms, together with our Privacy Statement and Cookie Policy, constitute the entire agreement between you and Averitas and govern your use of the Services. If any portion of the Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect.
15. Contacting Us
If you have any questions or comments about the Terms, or if you would like to report any violations of the Terms, please contact us at info@averitaspharma.com.
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