SITE CONTENT AND INTELLECTUAL PROPERTY OWNERSHIP
You acknowledge that the information, data, documents, text, software, images, graphics or other materials displayed or published on the Site as well as the “look and feel” of the Site (the "Information") contain trademarks, copyrights and other proprietary material, the ownership or licensed rights to which are owned by TerSera, or its third party licensors or suppliers, and that such Information is protected by law, including U.S. copyright laws and international treaty provisions.
Permission to use the Information is granted, provided that (1) the above copyright notice appears on all copies; (2) use of the Information is for informational and non-commercial or personal use only; (3) the Information is not modified in any way; (4) no graphics available from this Site are used separate from accompanying text, and; (5) you agree that TerSera may revoke any such permissions at any time for any reason, at which time you must cease activities related to the use of the Information. TerSera is not responsible for content provided by third-party providers, and you are prohibited from distribution of such material without express written permission of the owner of the copyright therein. Except as permitted above, no license or right, express or implied, is granted to any person under any patent, copyright, trademark or other proprietary right of TerSera.
Other than as expressly authorized above, you may not modify, copy, distribute, transmit, display, perform, reproduce, use, publish, license, create derivative works from, transfer or sell any Information contained on the Site, unless you yourself posted such information to the Site or you have express authorization to do so.
Further, no use of any trademark, trade name, or trade dress of TerSera or any third party referenced on this Site may be made without the prior written authorization of TerSera, or of the relevant third party without such party’s consent.
If you believe, in good faith, that information or content displayed on this Site infringes upon your copyright, please provide TerSera with written notice of such issue. In your written notice, please specify the copyrighted work in question, a description of the work’s location on this Site, your mailing and electronic contact information, a statement certifying that the information in your notice is accurate, a statement certifying that you are the copyright owner or authorized to act on his or her behalf, and your signature. The written notice containing all aforementioned information should be mailed to the following address:
Two Conway Park
150 N. Field Dr., Suite 195
Lake Forest, IL 60045
Attn: Legal Counsel
You understand, acknowledge, and agree to the following:
a. By using this Site, you agree not to disrupt or intercept our electronic information posted on this Site or on any of our servers. You also agree not to attempt to decipher, decompile, circumvent or reverse engineer any security features or any software comprising or in any way making up part of the Site, and to abide by all applicable, local, state, federal and international laws, rules and regulations in connection with your use of the Site. You further agree not to alter or remove any trademark or copyright notice on the Site.
c. TerSera reserves the right to disclose any information or content you provide to TerSera through the Site in order to satisfy any applicable federal, state, local or foreign law, regulation, governmental request, or legal process.
e. By using this Site, you agree to keep confidential any confidential information of TerSera, and its affiliates and suppliers, including but not limited to pricing, marketing, technical, or other information that could reasonably be understood to be confidential (“Confidential Information”). Title to and ownership in any such Confidential Information remains with TerSera or its respective owner. However, these Terms do not extend to information which you can show, with legally sufficient evidence, (i) you knew prior to using the Site without being under an obligation of confidentiality, (ii) you independently developed without reference to Confidential Information contained or displayed on the Site, (iii) you became aware of from a third-party who, to the best of your knowledge, is not bound by a confidentiality restriction, (iv) is or becomes part of the public domain through no wrongful act of your own, or (v) you must disclose pursuant to a judicial or governmental request or order, provided that, to the extent permitted by law, you provide TerSera with sufficient prior written notice of such disclosure.
Unless otherwise noted, product names, descriptions and labeling are of U.S. origin. Products may not be available in all countries or may be available under a different brand name, or for different indications. Many of the products listed are available only by referral through your local healthcare professional. Except as expressly stated and agreed upon in advance by TerSera, no director, employee, agent, or representative of TerSera is engaged in rendering medical advice, diagnosis, treatment or other medical services that in any way create a physician-patient relationship through this Site, nor is any of the information presented on this Site intended to be a substitute for professional medical advice. You should direct any and all questions regarding your medical conditions, treatment options, and diagnosis to your health care provider.
PRIVACY AND SECURITY
You recognize and agree that when submitting your personally identifiable information to the Site, there is no absolute guarantee of security, although TerSera may have safeguards in place to prevent unauthorized access or interception. IN THE UNLIKELY EVENT OF AN INTERCEPTION OR UNAUTHORIZED ACCESS DESPITE OUR EFFORTS, TERSERA SHALL NOT BE RESPONSIBLE FOR SUCH INTERCEPTIONS OR UNAUTHORIZED ACCESS, OR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS) SUFFERED BY YOU OR ANY OTHER USER, EVEN IF PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TERSERA DOES NOT WARRANT, EITHER EXPRESSLY OR IMPLIEDLY, THAT THE INFORMATION PROVIDED BY YOU OR ANY USER OF THE SITE SHALL BE FREE FROM INTERCEPTION OR UNAUTHORIZED ACCESS, AND DOES NOT PROVIDE ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
You acknowledge and agree that:
a. THIS SITE AND THE SITE CONTENT PROVIDED ON OR AVAILABLE THROUGH THIS WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH ALL FAULTS. The Site may include technical inaccuracies or typographical errors. Although we strive to provide on this Site the latest developments relating to our products and services, and other information about our company, we do not warrant the accuracy, effectiveness and suitability of any information contained in this Site. Each person assumes full responsibility and all risks arising from use of this Site. We reserve the right to make additions, deletions, or modifications to the information at any time without any prior notification.
b. TERSERA DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND OR NATURE WITH RESPECT TO THE INFORMATION OR CONTENT POSTED ON THIS SITE. TERSERA HEREBY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, CREATED BY LAW, CONTRACT OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, QUALITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT.
c. TerSera may provide links or references to Internet sites maintained by third parties. TerSera does not operate or control in any respect any information, products or services on these third-party sites and provides no warranty whatsoever, for the accuracy, effectiveness, timeliness and suitability of any information or content obtained from third parties, including any Information on the Site from such parties and any hyperlinks to or from third-party sites. TerSera shall not be held responsible for any loss or damages that result in connection with using content or services provided by third-party sites.
d. This Site may contain forward-looking statements that reflect TerSera’s current expectation regarding future events and business development. The forward-looking statements involve risks and uncertainties. Actual developments or results could differ materially from those projected and depend on a number of factors including, but not limited to, the success of current research programs, results of pending or future clinical trials, ongoing commercialization of its products, regulatory approvals of pharmaceuticals, validity and enforcement of its patents, the stability of its commercial relationships, and the general economic conditions. TerSera intends to update this site on a regular basis but assume no obligation to update any of the Information or content.
LIMITATION OF LIABILITY
TerSera does not assume any liability for the materials, information and opinions provided on, posted to, or otherwise available through, this Site. Reliance on these materials, information and opinions is solely at your own risk. TerSera disclaims any liability for injury or damages resulting from the use of this Site, or the content contained thereon.
IN NO EVENT SHALL TERSERA, ITS VENDORS, OR THEIR RESPECTIVE DIRECTORS, EMPLOYEES, REPRESENTATIVES OR AGENTS (HEREINAFTER “TERSERA PARTIES") BE LIABLE FOR ANY DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY (WHETHER IN AN ACTION IN CONTRACT, STRICT LIABILITY, TORT (INCLUDING NEGLIGENCE) OR OTHER LEGAL OR EQUITABLE THEORY) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THIS SITE, THE SITE CONTENT, ANY SERVICES PROVIDED ON OR THROUGH THIS SITE OR ANY LINKED SITE, INCLUDING DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, SPECIAL (INCLUDING LOSS OF PROFIT) CONSEQUENTIAL OR INCIDENTAL DAMAGES, INCLUDING, WITHOUT LIMITATION, PERSONAL INJURY, LOST PROFITS OR DAMAGES RESULTING FROM DELAY, INTERRUPTION IN SERVICE, VIRUSES, DELETION OF FILES OR ELECTRONIC COMMUNICATIONS, OR ERRORS, OMISSIONS OR OTHER INACCURACIES IN THIS SITE OR THE SITE CONTENT, WHETHER OR NOT TERSERA HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. Some states do not allow the foregoing limitation of liability, so this provision may not apply to you.
PLEASE BE AWARE THAT ADDITIONAL LEGAL NOTICES, DISCLAIMERS, AND OTHER TERMS AND CONDITIONS MAY APPLY TO THIS AND OTHER WEBSITES OWNED OR OPERATED BY TERSERA.
THE ENTIRE RISK RELATED TO YOUR USE OF THIS SITE LIES WITH YOU, THE USER.
You further agree that TerSera may limit or revoke your access to the Site for any reason at any time.