WEBSITE TERMS AND CONDITIONS OF USE
This website is operated by FEA Materials LLC. Your access to this website including all information, tools and services available from this site to you (the “Website”), is conditioned upon your acceptance of all terms, conditions, policies and notices stated here. By visiting our Website, you agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the Website. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website.
You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our Website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Website following the posting of any changes constitutes acceptance of those changes and continued acceptance of our Terms of Service.
ACCURACY OF INFORMATION
We are not responsible if information made available on this Website is not accurate, complete or current. The material on this Website is provided for general information only and should not be relied upon or used as the sole basis for making healthcare decisions without consulting primary, more accurate, more complete or more current sources of information, including but not limited to your personal medical advisors. Any reliance on the material on this site is at your own risk.
PRODUCT LABELING
The products listed on this Website may only be available by prescription through your healthcare provider. Products may not be available in all countries or may be available under different names and/or in different strengths and/or for different indications of use. The materials and information available through this Website are for informational purposes only and should not be considered to be medical advice, and none of FEA Materials LLC, its parents, subsidiaries, affiliates, directors, officers, employees, agents, advisors, consultants or contractors are engaged in rendering medical advice, diagnosis, or treatment that should in any way be construed to create a physician-patient relationship through your use of this Website.
INTELLECTUAL PROPERTY
The materials and information accessible on this Website (“Information”) are solely the property of FEA Materials LLC unless otherwise expressly stated herein and with the exception of information that may have been provided under license by third-parties. You may use the Information provided that any reproduction by you explicitly and conspicuously notes that the Information is subject to copyrights owned by FEA Materials LLC, the Information is used only for non-commercial purposes, the Information is not modified in anyway so as to render it inaccurate, and no use is made of FEA Materials trademarks, trade names or trade dress, except for the limited purpose of identifying that the Information represents a service or product of FEA Materials.
HYPERLINKS
This Website may incorporate hyperlinks to third-party websites over which we neither monitor, nor have any control, nor input. You acknowledge and agree that we provide access to such hyperlinks “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of third-party websites.
PERSONAL INFORMATION
Your submission of personal information through the Website is governed by our Privacy Policy. Our Privacy Policy is available at [website].
ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our Website that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, efficacy and/or prescribing information pricing, promotions and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information on the Website that is inaccurate at any time without notice.
PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the Website or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of us or others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; or (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose.
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY; INDEMNIFICATION
In no case shall FEA Materials LLC, our directors, officers, employees, affiliates, advisors, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Website, or for any other claim related in any way to your use of the Website, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Website or any content (or product) posted, transmitted, or otherwise made available via the Website, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law. You agree to indemnify, defend and hold harmless FEA Materials LLC and our parents, subsidiaries, directors, officers, employees, affiliates, advisors, agents, contractors, interns, suppliers, service providers or licensors, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
MISCELLANIOUS
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions. These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Website, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of New Jersey. Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party. The headings used in these Terms of Service are included for convenience only and will not limit or otherwise affect these Terms.
QUESTIONS
Questions about the Terms of Service should be sent to us at info@feamaterials.com.