Terms of Use

This website (“Website”) is maintained by Respivant Sciences and its respective subsidiaries and affiliates (“Respivant Sciences”, “we”, “us”, or “our”). By using this Website, you agree to be bound by these terms of use and such other Website terms and conditions that may be applicable to a particular program, product or service offered by Respivant Sciences as posted on this Website (collectively, “Terms of Use”). IF YOU DO NOT AGREE TO THESE TERMS OF USE OR OUR PRIVACY POLICY, PLEASE DO NOT USE THIS WEBSITE.

Respivant Sciences reserves the right, in its sole discretion, to change the Terms of Use at any time. Please check the Terms of Use periodically for changes. Using this Website following the posting of changes to the Terms of Use shall constitute your acceptance of the revised Terms of Use. You may access the Terms of Use at any time through links on this Website.

Nothing on this Website should be construed as the giving of advice or the making of a recommendation regarding any decision or action related to your health or the health of others. If you are a patient, you should consult a doctor or other qualified healthcare professional regarding any questions you have about your health or before making any treatment decisions. If you are a doctor or other qualified healthcare professional, you should not allow the information on this Website to substitute for your own medical judgment, which you should exercise in evaluating the information on this Website.

This website may include forward-looking statements that represent our opinions, expectations, beliefs, intentions, estimates or strategies regarding the future, which may not be realized. These statements may be identified by the use of words like “anticipate,” “believe,” “estimate,” “expect,” “intend,” “may,” “plan,” “potential,” “will,” “should,” “seek,” and similar expressions. The forward-looking statements reflect our views and assumptions with respect to future events as of the date the statements are made and are subject to risks and uncertainties. Actual and future results and trends could differ materially from those described by such statements due to various factors that are beyond our ability to control or predict. Given these uncertainties, you should not place undue reliance on the forward-looking statements. We do not undertake any obligation to update or revise any forward-looking statements, whether as a result of new information, future events or otherwise.

Respivant Sciences may terminate, change, suspend or discontinue any aspect of this Website, including the availability of any features of this Website, at any time. Respivant Sciences may also impose limits on certain features and services or restrict your access to parts of or the entire Website without notice or liability.

Privacy Policy

We may collect, through registration processes or other means on this Website, information about you. Please refer to the Respivant Sciences Privacy Policy for details about how we collect and use your information. You are responsible for the accuracy of any information about you that you provide through this Website.

Respivant Sciences Intellectual Property

This Website is protected by applicable law. The contents of this Website, including, but not limited to, text, names, data, compilations, graphics, logos, buttons, icons, images, audio, video, code, methods, techniques, models, and software (the “Contents”), are the property of Respivant Sciences and/or its subsidiaries, affiliates and licensors and are protected by the patent, copyright, trademark and trade secret laws of the United States and other countries. You should assume that everything you see or read on this Website is copyrighted. You shall not reproduce, display, distribute, modify, transmit, reuse, repost, or otherwise use any Content without the express written permission of Respivant Sciences. You shall not frame or deep link to the Content or this Website for any purpose without the express written permission of Respivant Sciences.

The trademarks, service marks and logos appearing on this Website (“Trademarks”) are the property of Respivant Sciences and/or its subsidiaries, affiliates and licensors. This Website may also contain or reference patents, trade secrets, proprietary information, technologies, products, processes, or other proprietary rights of Respivant Sciences and/or other parties. No license to, or right in, any such Trademarks, patents, trade secrets, proprietary information, technologies, products, processes, and other proprietary rights of Respivant Sciences and/or other parties is granted to, or conferred upon, you.

No Warranties or Liability

THIS WEBSITE AND ALL INFORMATION ON THIS WEBSITE IS PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” BASIS. RESPIVANT SCIENCES HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
IN NO EVENT SHALL RESPIVANT SCIENCES OR ITS SUBSIDIARIES OR AFFILIATES, ANY OF THEIR LICENSORS OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU FOR ANY CLAIM ARISING OUT OF OR RELATING TO YOUR USE OF THE WEBSITE OR INFORMATION ON THIS WEBSITE.

Indemnity

You agree to indemnify, defend and hold harmless Respivant Sciences and their respective officers, directors, employees, agents, and successors and assigns against any damages, losses, liabilities, judgments, costs or expenses (including reasonable attorneys’ fees and costs) arising out of your use of this Website or any information on this Website or your breach or violation of the Terms of Use.

Links to Other Websites

This Website may include links to third-party websites. You may access these sites directly or through this Website, in which case you are subject to the terms of use and privacy policies of these other websites. Links from this Website to other websites are provided solely for your convenience. Respivant Sciences does not endorse or control, or assume any responsibility for, the information provided by third-parties or the content of other websites to which we provide links, including, without limitation, any products or services that are advertised or made available for through such third-party websites.

Your User Content and Communications

Our Website may allow users to post, submit, or display information, messages, suggestions, questions, comments, postings, advertisements, ratings, ideas, techniques, notes, know-how, drawings, concepts, designs, audiovisual material, photographs and pictures (including pictures of the user and other representations of the user’s name and likeness), digital images, or other content in any form (collectively “User Content”). It is the responsibility of the individual providing such User Content to ensure that no portion of the content is illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights or otherwise injurious to third parties.

By posting User Content on this Website, you hereby grant Respivant Sciences an unrestricted, transferable, sub-licensable, irrevocable, royalty-free, worldwide, and perpetual license to reproduce, distribute, publicly display, make derivative works of, and otherwise use the User Content in any media whatsoever now known or later invented throughout the world for any purpose whatsoever, commercial or not. You hereby disclaim any right to any compensation from Respivant Sciences in connection with Respivant Sciences’ exercise of its license rights in and to the User Content you have posted on this Website. You acknowledge and agree that Respivant Sciences is under no obligation of confidence to you, and shall not be liable for any use or disclosure of any User Content. By posting the User Content on this Website, you represent and warrant that you own the copyright in such User Content or that you have a legitimate license to post the User Content without any restrictions whatsoever. You agree to indemnify, defend and hold Respivant Sciences harmless from all actual and incidental costs and fees associated with Respivant Sciences’ defense of any claims arising from User Content, including, but not limited to, all attorneys’ fees.

Respivant Sciences reserves the right to review any User Content and remove, delete, redact, or otherwise modify such User Content, in its sole discretion, at any time and from time to time, without notice or further obligation to you. Respivant Sciences has no obligation to display or post any User Content. Respivant Sciences reserves the right to disclose, at any time and from time to time, any information or User Content that Respivant Sciences deems necessary or appropriate to satisfy any applicable law, regulation, contractual obligation, legal dispute process, or governmental request. Respivant Sciences shall have no liability in connection with any User Content submitted to, transmitted via, or displayed or posted on this Website.

Copyright Infringement

Respivant Sciences is committed to respecting others’ intellectual property rights, and we ask our users to do the same. Respivant Sciences may, in its sole discretion, terminate the accounts or access rights of users who violate others’ intellectual property rights. If you believe that your work has been copied in a way that constitutes copyright infringement on this Website, please deliver the following information to Respivant Sciences’ Copyright Agent:
• An electronic or physical signature of the person authorized to act on behalf of the copyright owner
• A description of the copyrighted work that you claim has been infringed
• A description of where the material that you claim is infringing is located on our Website
• Your address, telephone number, and e-mail address so that we may contact you
• A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law
• A statement by you, made under penalty of perjury, that the information in your notice to us is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf
Respivant Sciences’ Copyright Agent for notice of claims of copyright infringement on this Website shall be sent by e-mail at info@respivant.com and in writing to: Respivant Sciences, Inc., Legal and Compliance Department, 11455 El Camino Real, Suite 460, San Diego, CA 92130.

Governing Law and Jurisdiction

You agree that any claim, action or proceeding arising out of the Terms of Use or Privacy Policy, or your use of this Website, shall be governed by and construed in accordance with the laws of the United States and the State of California, without regard to principles of conflict of laws. Any claim, action or proceeding related to the Terms of Use will be resolved exclusively in the state or federal courts located in the State of California and you consent to the jurisdiction of those courts.

This Terms of Service is effective as of: May 16th, 2019.