By (a) using the website operated by The Academy of Oxidative Stress Disorders (“Academy”) located at https://academyosd.com or other related websites and/or mobile applications operated by https://academyosd.com (collectively, the “Site”), (b) purchasing and/or using the products and/or services provided by us thereunder (together, the “Products”), and/or (c) providing your personal information to The Academy of Oxidative Stress Disorders, you signify your acknowledgement and agreement to these Terms of Service, whether or not you register for an account with Academy through the Site (an “Account”). If you do not agree with any provision in these Terms of Service, please do not use the Site, purchase or use the Products, provide your personal information to The Academy of Oxidative Stress Disorders, or register for an Account. These Terms of Service do not apply to websites or applications that display or link to different terms of service. PLEASE REVIEW THESE TERMS OF SERVICE CAREFULLY.
You may be asked to provide certain personal information to us from time to time. Your personal information will be collected, used and disclosed by us in accordance with the Academy’s Privacy Statement, which is available here and is incorporated by this reference into these Terms of Service. The information you provide will be accessible to any provider engaged by the Academy to provide services through the Site. In order to have an Account with us, you will be required to provide us with certain personal information. You are responsible for maintaining the confidentiality of the password and username for your Account and are fully responsible for all activities that occur under your password or username.
1. Representations and Warranties of Users
You represent and warrant to The Academy of Oxidative Stress Disorders that:
All information you provide to the Academy is true, accurate, current and complete, and you agree to maintain and promptly update such information to keep it true, accurate, current and complete as long as you are using the Site. If we have reasonable grounds to suspect that such information is not true, accurate, current or complete, we may deny or terminate your access to the Site (or any portion thereof) in our sole discretion, subject to compliance with any notice or waiting period provided by applicable law.
You understand that the Academy of Oxidative Stress Disorders is not itself a healthcare provider.
You understand that you should never delay seeking advice from your physician, or any other health professionals due to any information provided (or the omission of any such information) by the Academy, the Site or the Products.
If you are a health care provider using our Site, you have obtained any necessary patient consent before providing us with patient information.
2. Rights, Obligations and Conduct of Users
Subject to the terms and conditions of these Terms of Service, we hereby grant to you a limited, non-exclusive, non-transferable, freely revocable license to use the Site as permitted by the features of the Site solely for your personal or, if you are a physician, your professional use, and in all cases only as permitted under these Terms of Service. The Academy of Oxidative Stress Disorders reserves all rights in the Site, the Intellectual Property (as defined below) and the Marks (as defined below) not expressly granted to you herein. We reserve the right, in our sole discretion, to deny use of the Site to anyone, for any reason, and at any time, subject to applicable law. In consideration of your access to and use of the Site, you covenant and agree that you shall:
Notify the Academy immediately if you become aware of any inaccuracies, errors, omissions or inconsistencies in the information or content provided through the Site, and to comply with any corrective action taken by the Academy.
Refrain from the use of offensive or abusive language when using the Site, including when communicating with us.
Make all arrangements necessary for you to have access to our Site and ensure the security of the computers and systems you are using to access our Site.
Not share your Academy login information or any information related thereto, including your password, with any other persons. You are responsible for maintaining the confidentiality of your Account and for all activities that occur under your Account, including any use by others who obtain access to your Account. You agree to immediately notify us upon becoming aware of any unauthorized use of your Account or any other breach of security. You may not use the Account of any other Academy website user at any time.
Be responsible for any act or omission of any users that access the Site under your Account that, if undertaken by you, would be a violation of these Terms of Service. Any such act or omission shall be deemed a violation of these Terms of Service by you.
Not, and shall not attempt to,: (a) infringe the patent, trademark, trade secret, copyright, or other intellectual property or other rights of another person, (b) reproduce, duplicate, copy, sell, resell, or exploit any portion of the Site, (c) reverse engineer, disassemble, decompile, or translate any components of the Site, attempt to derive the source code of any components of the Site, or authorize or assist any third party to do any of the foregoing, (d) modify, copy or make derivative works based on any part of the Site or any underlying software, technology or other information, including any printed materials of the same, (e) use any robot, spider, or other such programmatic or automatic device, including, without limitation, automated dial-in or inquiry devices, to obtain information from the Site or otherwise monitor or copy any portion of the Site, or (f) systematically collect or use any content from the Site, including through the use of any data mining, or similar data gathering and extraction methods.
Not, and shall not attempt to,: (a) disrupt or interfere in any manner with the operation of the Site, or the hardware or network used to operate the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site, (b) allow, enable, or otherwise support the transmission of unsolicited or unauthorized advertising, junk or bulk email (SPAM), chain letters, letters relating to a pyramid scheme, or any other unsolicited commercial or non-commercial communication, (c) upload or otherwise spread any software viruses, worms, time bombs, corrupted files, Trojan horses or any other computer code, files, or programs that are designed or intended to disrupt, damage, overburden, impair or limit the functioning of any software, hardware, network, server, or communications systems or equipment, (d) attempt to disable, bypass, modify, defeat, or otherwise circumvent any security related tools incorporated into the Site, (e) use any high volume, automated, or electronic means to access the Site (including, without limitation, robots, spiders or scripts), or (f) create Internet “links” to or from the Site, or “frame” or “mirror” any The Academy of Oxidative Stress Disorders content which forms part of the Site, place pop-up windows over its pages, or otherwise affect the display of its pages.
Not and shall not attempt to,: (a) disrupt, interfere with, or inhibit any other person from using the Site or other affiliated or linked websites, material, contents, products and/or services, (b) create a false identity for the purpose of misleading others, (c) prepare, compile, use, download or otherwise copy any user information and/or usage information for any portion thereof, or transmit, provide or otherwise distribute (whether or not for a fee) such information to any third party, or (d) distribute, sell, lease, rent, sublicense, assign, export, or transfer in any other manner any of your rights under these Terms of Service or otherwise use the Site for the benefit of a third party or to operate a service bureau.
Not use the Site: (a) to violate any local, state, national or international law, rule or regulation, (b) in a manner that is harmful, threatening, harassing, abusive, defamatory, slanderous, vulgar, gratuitously violent, obscene, pornographic, indecent, lewd, libelous, invasive of another’s privacy, or racially, ethnically or otherwise offensive, hateful, or abusive, (c) to collect or store personal data about other users, (d) to impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity, or (e) in any manner that exceeds the scope and purpose of use granted above.
3. Persons under the Age of 18
Persons under eighteen (18) years of age are not eligible to use the features, services and other aspects of the Site or the Products. Further, persons under eighteen (18) may not use the Site or the Products unless the Academy has authorization from the parent or legal guardian of such individual. A parent or legal guardian of a person under the age of eighteen (18) may prohibit such individual’s use of the Site. If you are the parent or legal guardian of an individual under the age of eighteen (18) and believe your child has used the Site without your consent or authorization, please contact the Academy.
4. Fees and Payment
If you elect to use features of the Site and/or purchase Products that involve the payment of any fees, you agree to pay, and will be responsible for payment of, such fees and any and all taxes associated therewith in accordance with the billing terms in effect at the time a fee is due and payable. Unless otherwise stated, all fees are quoted in U.S. Dollars. All payments shall be facilitated through a third-party payment processing service. You hereby authorize the Academy to charge you, through its third-party processing vendor, for all fees as they become due, and represent and warrant that you are authorized to use any and all payment information you provide to the third-party payment processing vendor. If your payment method fails or fees associated with your Account are past due, we may collect fees owed using other collection mechanisms, include charging other payment methods on file with the third-party payment processing vendor and/or retaining collection agencies and legal counsel. Subject to compliance with any notice or waiting period provided by applicable law, we may also block your Account pending resolution of any amounts due by you to The Academy of Oxidative Stress Disorders.
5. Ownership of Intellectual Property
The software, code, proprietary methods, systems and content used to operate the Site (collectively, the “Intellectual Property”) are (1) copyrighted by the Academy and/or its licensors under United States and international copyright laws, (2) subject to other intellectual property and proprietary rights and laws, and (3) the exclusive property of the Academy or its applicable licensors. The Intellectual Property may not be copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale, or redistributed in any way without our prior written consent or the prior written consent of our licensors, as applicable. You must abide by all copyright notices, information, or restrictions contained in or attached to any of the Intellectual Property and you may not remove or alter any such notice, information or restriction. Your use of the Site and the Intellectual Property must comply with these Terms of Service at all times. Nothing in these Terms of Service, your relationship with the Academy, or your use of the Site shall grant you any right to the Intellectual Property except the limited license to use the Site in accordance with these Terms of Service.
Certain of the names, logos, and other materials displayed on the Site may constitute trademarks, trade names, service marks, or logos (collectively, the “Marks”) of the Academy or other parties. You are not authorized to use any such Marks. Ownership of all such Marks and the goodwill associated therewith remains with us or those other parties, as applicable.
You may delete your Account at any time, for any reason, by sending an email to [email protected] You also may deactivate your Account at any time. The Academy of Oxidative Stress Disorders may terminate your Account and/or the limited license to use the Site granted to you under these Terms of Service, at any time, for any reason or no reason. The provisions of these Terms of Service will survive the expiration or earlier termination of the agreement pursuant to these Terms of Service for any reason. Our (and our licensors’) proprietary rights (including any and all intellectual property rights) in and to the Intellectual Property, the Marks and the Site will survive the expiration or earlier termination of the agreement pursuant to these Terms of Service for any reason.
Without limiting any rights that the Academy may otherwise have, the Academy reserves the right to take any and all action, as it deems necessary or reasonable, regarding the security of the Site and your Account, including, without limitation, terminating or changing your Account, or requesting additional information to authorize transactions on your Account.
We reserve the right to discontinue the Site with or without notice to you. We will not be liable to you or any third party should we exercise our right to change or discontinue the Site.
Any termination or discontinuance of the Site pursuant to the provisions set forth in this Section 6 shall be subject to compliance with any notice or waiting period provided by applicable law.
7. Disclaimer of Warranties
USE OF THE SITE AND INFORMATION PROVIDED IS AT YOUR SOLE RISK. THE SITE AND PRODUCTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE ACADEMY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, NON-INFRINGEMENT, TITLE, OPERABILITY, CONDITION, QUIET ENJOYMENT, VALUE, ACCURACY OF DATA, OR SYSTEM INTEGRATION. THE ACADEMY MAKES NO WARRANTY THAT THE SITE WILL MEET YOUR REQUIREMENTS, OR THAT THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES THE ACADEMY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. YOU UNDERSTAND AND AGREE THAT ANY INFORMATION, PRODUCTS OR SERVICES OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS THAT RESULTS FROM THE USE THEREOF. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM The Academy of Oxidative Stress Disorders OR THE SITE WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
THE ACADEMY DOES NOT WARRANT THAT ANY INFORMATION, PICTURES OR GRAPHIC DEPICTIONS, DESCRIPTIONS OR OTHER CONTENT OF THE SITE ARE ACCURATE, COMPLETE, RELIABLE, UPDATED, CURRENT, OR ERROR-FREE. The Academy of Oxidative Stress Disorders IS NOT RESPONSIBLE FOR THE INTERNET, DATA BANDWIDTH OR SIGNAL OF YOUR COMPUTER OR MOBILE DEVICE. The Academy of Oxidative Stress Disorders MAKES NO REPRESENTATION OR WARRANTY THAT THE SITE IS APPROPRIATE OR AVAILABLE FOR USE IN LOCATIONS OUTSIDE THE UNITED STATES OR ALL TERRITORIES WITHIN the UNITED STATES. The Academy of Oxidative Stress Disorders MAY RELY ON THE AUTHORITY OF ANYONE ACCESSING YOUR ACCOUNT AND IN NO EVENT AND UNDER NO CIRCUMSTANCES SHALL The Academy of Oxidative Stress Disorders BE HELD LIABLE TO YOU FOR ANY LIABILITY OR DAMAGES RESULTING FROM OR ARISING OUT OF YOUR USE OF THE SITE OR YOUR ACCOUNT.
THE ACADEMY DOES NOT WARRANT THAT PRODUCT/SERVICE DESCRIPTIONS ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE, OR THAT PRODUCT PACKAGING DEPICTED ON THE SITE WILL MATCH THE ACTUAL PRODUCT OR SERVICE THAT YOU RECEIVE.
8. Limitation of Liability
TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL THE ACADEMY, OR ITS OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS, REPRESENTATIVES OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY), ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE OR PRODUCTS, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, STATUTE OR OTHERWISE. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, THE PRODUCTS, OR THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SITE AND/OR PRODUCTS. THE AGGREGATE LIABILITY OF The Academy of Oxidative Stress Disorders TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THE SITE AND/OR PRODUCTS IS LIMITED TO THE GREATER OF (I) THE AGGREGATE AMOUNT OF FEES ACTUALLY PAID BY YOU TO BY THE ACADEMY OR (II) ONE HUNDRED U.S. DOLLARS (U.S. $100.00).
9. Indemnification and Release
You agree to indemnify, defend and hold harmless the Academy and its officers, directors, employees, consultants, representatives and agents, and other users and visitors of the Site, from and against any and all third-party claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys’ fees and court costs) that such parties may incur as a result of or arising out of or related to (a) any information you submit, post or transmit through the Site, (b) your use of the Site and/or Products, (c) your violation of any provision of these Terms of Service, (d) your violation of any rights of any other person or entity, or (e) any viruses, Trojan horses, worms, time bombs, cancelbots or other similar harmful or deleterious programming routines input by you into the Site.
You hereby release the Academy, its officers, directors, employees, consultants, representatives and agents from any and all claims, demands, losses, damages, rights, claims, and actions of any kind including, without limitation, personal injury, death, and property damage, that is either directly or indirectly related to or arises from your use of the Site or the Products. If you are a California resident, you hereby waive California Civil Code Section 1542, which provides that: “a general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release which, if known by him must have materially affected his settlement with the debtor.”
10. Governing Law and Dispute Resolution
The validity, interpretation, construction and performance of these Terms of Service will be governed by the laws of the State of Illinois, without giving effect to the principles of conflict of laws. Any dispute arising out of or relating in any way to these Terms of Service will be resolved exclusively by final and binding arbitration in Miami, FL under the rules of the American Arbitration Association, except that either party may bring a claim related to intellectual property rights, or seek temporary and preliminary specific performance and injunctive relief, in any court of competent jurisdiction within Miami, FL , without the posting of bond or other security. The parties agree to the personal and subject matter jurisdiction and venue of the courts located in Miami, FL for any action related to these Terms of Service. The failure of the Academy to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. You agree that irrespective of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.
11. Severability and Construction
If any term, provision, covenant or condition of these Terms of Service is found by a court or arbitral body of competent jurisdiction to be invalid, void or unenforceable, the remainder of the provisions hereof shall remain in full force and effect to the fullest extent permissible by applicable law and shall in no way be affected, impaired or invalidated. The headings in these Terms of Service are for convenience only and shall not affect the meaning or interpretation of these Terms of Service or any section thereof.
If the Academy or its assets are acquired by another company, or in the event of a merger, consolidation, change in control, transfer of substantial assets, reorganization or liquidation, the Academy may transfer, sell or assign to third parties rights related to your relationship with the Academy, including, without limitation, your Account and any personal information that you provide or that has been provided on your behalf to the Academy. Such third parties will assume (a) responsibility for your relationship with the Academy, (b) information collected by the Academy in connection with it’s business operations or through the Site, and (c) the rights and obligations regarding such information as described in these Terms of Service. These Terms of Service shall be binding upon and inure to the benefit of the Academy’s successors or assigns. You may not assign your rights under these Terms of Service without our prior written consent, and any attempted assignment will be null and void.
13. Entire Agreement and Amendments
In order to participate in certain aspects of the Site or receive certain Products, you may be required to agree to additional terms and conditions as posted on the Site (the “Additional Terms”), which are hereby incorporated into these Terms of Service. To the extent there is a conflict between the provisions in these Terms of Service and the Additional Terms, the latter shall have precedence. The current version of these Terms of Service, including, without limitation, the Additional Terms, constitute the entire and exclusive and final agreement between you and the Academy with respect to the subject matter hereof, and governs your access and use of the Site, superseding any and all prior or contemporaneous agreements or arrangements between you and the Academy with respect to the subject matter hereof, whether written or oral.
We reserve the right to amend, modify, add, delete or update the terms of these Terms of Service, including, without limitation, the Additional Terms, at any time in our sole discretion, as long as such changes are in compliance with applicable law. If we change the terms of these Terms of Service, we will post the new Terms of Service on the Site and you agree that such postings constitute notice of the new Terms of Service to you. We recommend that you read these Terms of Service each time you use the Site. If you object to any changes to these Terms of Service, your sole recourse will be to cease using the Site and/or Products. Your continued access to and usage of the Site and/or Products signifies your acknowledgement and acceptance of any such changes to these Terms of Service and agreement to be bound thereby.
14. Geographic Restrictions
We provide this Site for use only by persons located in the United States. We make no claims that the Site or any of its content is accessible or appropriate outside of the United States. If you access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
15. Report Violations
You should report any suspected violations of these Terms of Service to [email protected]