Terms of use agreement

These terms were last revised on June 9, 2015.

The Services (as defined below) are provided to you by Aptus Health Holdings, Inc., its subsidiaries and divisions (collectively, the “Company”, “we”, “us” and “our”) subject to these Terms of Use. Our services include our websites, newsletters, mobile applications, reference tools, sponsored content, continuing medical education and communications (the “Service(s)”). Our Services are operated by our different affiliated companies. Each Service will be identified by its particular operator (e.g., websites will have a footer with the name of the operator, mobile applications will identify the operator in the “About” tab).

By using this Service, you agree to be bound by, and to comply with, these Terms of Use. Aptus Health reserves the right to change the Terms of Use from time to time and will post updated terms on this page, including the date they become effective. You may access this page at any time through the Terms of Use link at the bottom of each page on this Service.


1)Disclaimers.

  1. Nothing on this Service should be construed as giving advice or making a recommendation or referral 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 health care professional with any questions you have about your health and before making any diagnostic, preventive or treatment decisions. If you are a doctor or other qualified health care professional, you should not allow the content of this Service to substitute for your own medical judgment, which you should exercise in evaluating the information on this Service, nor for the advice of any liaison, specialist or consulting healthcare professional with whom you work. Any clinical tools or databases provided for use by healthcare professionals through the Services do not and are not intended to make referrals, give professional advice or recommend particular products or services. Physicians and other healthcare professionals who use these tools or databases should exercise their own clinical judgment as to the information they provide or rely on. Consumers who use the tools or databases do so at their own risk and are encouraged to consult a healthcare professional. While it has used reasonable efforts to ensure that the information on this Service is accurate, complete, and current, Aptus Health expressly disclaims any warranty or representation regarding the accuracy, completeness, or currency of such information. THE INFORMATION ON THIS WEBSITE IS PROVIDED "AS IS," WITHOUT A WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Aptus Health furthermore disclaims all liability for any and all damages, no matter their alleged cause nor theory of liability on which they are based, including, but not limited to, damages for personal injury or lost profits. The foregoing disclaimers and limitations apply if and only to the extent permitted by applicable law.

    UNDER NO CIRCUMSTANCES WILL Aptus Health BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY OR INCIDENTAL DAMAGES, WHETHER FORESEEABLE OR UNFORESEEABLE, ARISING OUT OF YOUR USE OF THE SITE, ANY SERVICE OR ANY INFORMATION PROVIDED ON THE SITE (INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR LOSS OF DATA, GOODWILL, PROFITS, USE OF MONEY, OR SHARE VALUE; INTERRUPTION IN USE OR AVAILABILITY OF THE SITE, THE SERVICES OR THE INFORMATION; STOPPAGE OF OTHER WORK OR IMPAIRMENT OF OTHER ASSETS); OR BREACH OR FAILURE OF EXPRESS OR IMPLIED WARRANTY, BREACH OF CONTRACT, MISREPRESENTATION, NEGLIGENCE, STRICT LIABILITY IN TORT OR OTHERWISE. IN NO EVENT WILL THE AGGREGATE LIABILITY THAT Aptus Health MAY INCUR IN ANY ACTION OR PROCEEDING EXCEED THE TOTAL AMOUNT THAT Aptus Health ACTUALLY RECEIVED FROM YOU FOR THE RIGHT TO ACCESS THE PORTION OF THE SITE OR THE INFORMATION THAT DIRECTLY CAUSED THE DAMAGE. THIS PARAGRAPH WILL NOT APPLY ONLY WHEN AND TO THE EXTENT THAT APPLICABLE LAW REQUIRES LIABILITY BEYOND AND DESPITE THE FOREGOING DISCLAIMER AND LIMITATION.

2)Notice and Take Down Policy.

  1. If you believe your work or the work of another has been reproduced or displayed in a way that constitutes copyright infringement, Aptus Health has a process in place to respond to your concerns. Aptus Health will take appropriate steps to protect the intellectual property rights of third parties if it receives notice in accordance with the provisions required by the Digital Millennium Copyright Act, as follows:
  2. If you believe your copyright or the copyright of another has been infringed on the site, please provide the Aptus Health with a written notice containing the following information:
    1. a description and copy of the copyrighted work you claim has been infringed;
    2. a description of where the material you claim is infringing is located on the site;
    3. your address, telephone number, and email address;
    4. 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;
    5. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf; and
    6. the physical signature of the person authorized to act on behalf of the owner of the copyright interest on the document(s) comprising 4 and 5 here above and notarized.
    The above notice for claims of infringement should be addressed to the Law Department at Aptus Health at the following street address:

    Aptus Health International, Inc.
    55 Walkers Brook Drive
    Suite 500
    Reading, MA 01867-3274

3)User Submissions.

  1. On this Service, Aptus Health may collect, through registration processes or other means, personal information about you. Please refer to Aptus Health's Internet privacy policy for details about how we protect your personal information. You are responsible for the accuracy of any personal information about you that you provide to Aptus Health through this Service.
  2. Except for information covered by our privacy policy, any communication or materials you transmit to or through the website, including data, comments, questions, suggestions, ideas, concepts, know-how, techniques, or other information of any kind in any medium, shall become the property of Aptus Health. Aptus Health shall be free to use, disclose, reproduce, or distribute any such communications, materials or information without limitation of any kind. As a condition to submitting any communications or materials, you hereby grant Aptus Health a perpetual, universal, non-exclusive, royalty-free right to copy, display, modify, transmit, make derivative works of and distribute such communications and materials. As a condition to submitting any communications or materials, you represent and warrant to Aptus Health that you have the right to make such communications, materials or information available under the foregoing license. Aptus Health reserves the right to decline posting of any communications, materials or information that, in its sole discretion, it believes may violate the copyrights of any party.
  3. Although Aptus Health may from time to time monitor or review discussions, chats, postings, transmissions, bulletin boards, and the like on the website or the Services, if any, Aptus Health is under no obligation to do so and assumes no responsibility or liability arising from the content of any such web pages or utilities nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information within such pages or utilities on the website or the Services. You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law or policy. You are prohibited from posting any material that infringes or may infringe the intellectual property rights of any third party.

4)Third-Party Links and Information.

  1. This website may contain information brought to you by third parties or through links to other websites.
  2. Aptus Health does not control nor assume any responsibility for the information provided by third parties or the content of other websites to which we provide links.

5)Use of Content.

  1. You should assume that all trademarks, logos, designs, slogans, and trade dress appearing on this Service, whether or not appearing in large print, italics, or with the trademark symbol, are owned by Aptus Health or its affiliate companies, or are used under license. This website may also contain or reference patents, proprietary information, technologies, products, processes, or other proprietary rights of Aptus Health and/or other parties. No license to, or right in, any such trademarks, patents, trade secrets, technologies, products, processes, and other proprietary rights of Aptus Health and/or other parties is granted to, or conferred upon, you.
  2. You may not, distribute, modify, transmit, reuse, repost, or use the content of the website for public or commercial purposes, including the text, images, audio, or video, without the written permission of Aptus Health. You should assume that everything you see or read on this Service is copyrighted unless otherwise noted and may not be used, except as provided in the Terms of Use or in the text on the website, without the written permission of Aptus Health. Aptus Health neither warrants nor represents that your use of materials displayed on the website will not infringe rights of third parties not owned by, or affiliated with, Aptus Health.
  3. Aptus Health reserves the right, if you violate the Terms of Use, to suspend or terminate any account you have created on this Service.

6)Indemnification.

  • You agree to indemnify, defend, and hold Aptus Health, its respective officers, employees, and suppliers harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to, or allegedly arising out of, your use of this Service or any breach of the Terms of Use or violation of any rights of another.

7)Dispute Resolution – Binding Arbitration.

  • If any dispute arises between you and Aptus Health concerning these Terms of Use or your use of this Service, it shall be resolved through good-faith negotiations. If such efforts prove unsuccessful, all controversies, claims, or disputes shall be submitted to binding arbitration pursuant to the U.S. Federal Arbitration Act, 9 U.S.C. § 1 et seq. The rules of the American Arbitration Association shall apply to the conduct of the hearing, which shall be venued in Reading, Massachusetts. The governing law shall be the laws of the Commonwealth of Massachusetts, without giving effect to its conflict of laws rules. The arbitration award shall be final and binding and may be confirmed and enforced in any court of competent jurisdiction. The parties shall bear equally the costs of the arbitration, but each party shall pay its own attorneys' fees incurred in connection with the arbitration or the confirmation or enforcement of any award. Notwithstanding the foregoing, if the costs of arbitration will be prohibitive as compared to the costs of litigation and the relief sought, Aptus Health will pay as much of the filing, administration, and arbitrator fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. In the event the arbitrator determines the claim(s) you assert in the arbitration to be frivolous, you agree to reimburse Aptus Health for all fees associated with the arbitration paid by Aptus Health on your behalf that you otherwise would be obligated to pay.

8)Prohibition of Class and Representative Actions and Non-Individualized Relief.

  • YOU AND Aptus Health AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING.

9)Entire Agreement.

  • These Terms of Use constitute the entire agreement between you and Aptus Health regarding this Service and supersede and replace any prior understanding, whether oral or in writing.

10)Contact.