These terms were last revised on June 9, 2015.
- 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.
- 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:
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:
- a description and copy of the copyrighted work you claim has been infringed;
- a description of where the material you claim is infringing is located on the site;
- your address, telephone number, and email address;
- 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 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
- 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.
Aptus Health International, Inc.
55 Walkers Brook Drive
Reading, MA 01867-3274
- 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.
- This website may contain information brought to you by third parties or through links to other websites.
- 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.
- 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.
7)Dispute Resolution – Binding Arbitration.
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.