Legal

A. AGREEMENT

This AsthmaCPG site (the “Service”) is an online information service provided by AsthmaCPG that contains information from various content providers (“Suppliers”). The Service is offered to you, the user of this Service (“You” or “Your”), subject to your acceptance of and compliance with the terms and conditions as presented in this Terms of Service Agreement (“Agreement”). “We,” “Us,” “Our,” and “DRG” refer collectively to AsthmaCPG and its affiliates, such as parents, subsidiaries, directors, officers, employees, and its representatives. Your use or accessing of the Service constitutes your agreement to be bound by this Terms of Service Agreement (“Agreement”). You are not permitted to access the Service if you do not agree to be bound by this Agreement. This Agreement should be read carefully and in its entirety prior to using this site.

B. LICENSE

We grant you a limited right (“License”) to view and use any of the information, content, or advertisements (collectively, the “Materials”) contained on, distributed through, linked, downloaded, or accessed from the Service, subject to the terms and conditions of this Agreement. You may download or print a copy of information provided in this Service for your personal use only. Permission to reprint or electronically reproduce any document or graphic in whole or in part for any other purpose is expressly prohibited. We may, in our sole discretion and without prior notice, may terminate or modify the Service or otherwise limit or terminate the License, whether to you individually or the public generally, without liability to you or any third party.

C. TERMS OF USE

C.1. General Purpose of Services. The goal of the Service is to be a resource of timely information for the general public, but necessarily it is of a general nature. We cannot guarantee that the Materials are comprehensive, complete or include the most recent information available. All information should be reviewed with your healthcare provider and you should never delay, ignore, or fail to obtain medical advice based on information obtained from the Service.

C.2. Proper Use of Materials. You represent and warrant that you will not use the Service or any products, information, or other materials displayed, purchased, or obtained by you as a result of an advertisement or any other information or offer in connection with the Service (the “Products) for any purpose that is unlawful, contrary to instructions for use, or prohibited by this Agreement. Materials may not be downloaded, reproduced, republished, reprinted, retransmitted, disseminated, or resold in whole or in part, for commercial or any other purposes, and use of the Service to establish independent data files or compendiums of information is strictly prohibited and violators will be prosecuted. Without limiting the foregoing, you are solely responsible for any material that you send to any other person(s) that was made available from the Service.

C.3. Communications. When we receive an e-mail, we may make reasonable efforts to respond in as timely a manner as practical but we do not guarantee that we will respond to all inquiries and in any event we will not respond with advice for specific individual medical questions. You shall not post or transmit any message that is harmful, threatening, or abusive. You may not post or transmit any file that contains any virus, worm, Trojan horse, or any other contaminating or destructive feature.

C.4. Guidelines. You shall be subject to any guidelines or rules that may be posted by the Service from time to time, and all such guidelines or rules are hereby incorporated by reference into the Agreement.

C.5. Use of Your Information. We respect your privacy. We may gather and share general information about the areas, topics and communities of interest, zip codes, and products and website or linked services used or accessed by our visitors. Such information, though, would be aggregate — not individual. If you elect to provide additional information about yourself (which may include, but not be limited to, your name, e-mail address, mailing address or other background or contact information), such information may be used for the purpose for which it was given, for possible contact during an emergency, and to enforce this Agreement.

C.6. Privacy. You accept the terms and conditions of the privacy policy for the Service- below.

                Your privacy concerns are important to AsthmaCPG. Our Privacy Policy is designed to protect your Personal Information while providing the services available on our website. You may use the AsthmaCPG site without giving us specific Personal Information that identifies you.

“Personal Information” includes, but is not limited to name, address, telephone number, e-mail address and similar information.

Personal Information is collected only if you voluntarily provide it on the site, however certain information may be required to complete some services provided. If you do not wish to provide the information requested on a screen, or if you have concerns about maintaining the confidentiality of any information, do not provide it.

We will use Personal Information provided by you on a voluntary basis for the purpose for which it is given to us. It may be used by AsthmaCPG, or by entities with which we contract for such purposes, which are disclosed at the time the information is given. If at any time you do not feel fully confident about the information you are providing, please feel free to contact us.

If you visit a website linked to the AsthmaCPG site, you should consult that website’s privacy policy before providing Personal Information.

In making your decision whether to provide Personal Information, you should be aware of the general risks of transmitting information over the Internet. While AsthmaCPG attempts to prevent unauthorized persons from accessing or tampering with our website, we cannot guarantee that these efforts will always be successful.

We do not collect any information from children, but if a parent learns that a child has submitted Personal Information to our website the parent should contact us and that information will be deleted.

C.7. Links. The Service, or third parties linked to the Service, may provide links to other World Wide Web sites or resources. AsthmaCPG does not represent that it has investigated the content of any other links, and does not endorse, warrant or guarantee any such opinions, recommendations, products, websites, individuals, organizations, or companies. AsthmaCPG has no control over, and is not responsible for, the availability of such external sites. AsthmaCPG shall not be liable, directly or indirectly, for any damage or loss caused by or in connection with use or reliance on any such site.

C.8. Copyrights And Trademarks. You shall not infringe upon any of our copyrights such as “AsthmaCPG” and shall not reprint or electronically reproduce any Materials without our prior written consent. If you provide information to us, you shall not do so without permission, which you are solely responsible for obtaining, from the owner of such materials or rights, and you shall be solely responsible for any such damages resulting from such disclosures.

You acknowledge and agree that all content and materials (collectively the “materials”) available on this AsthmaCPG pages are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws, and that any unauthorized use of the materials may violate such rights and laws. AsthmaCPG authorizes you to view and download the materials on these Web pages only for your personal, non-commercial use, provided that you retain all copyright and other proprietary notices contained in the original materials on any copies of the materials. You may not edit, adapt or otherwise modify the materials on these pages in any way, or reproduce or publicly display, publicly perform, distribute, create derivative works from such materials, or otherwise use them for any public or commercial purpose. Any use of the materials on any other Web site or networked computer environment for any purpose is prohibited. If you violate these terms of use, your authorization to use these pages automatically terminates and you must immediately destroy any downloaded or printed materials obtained from the pages.

C.9. Restriction from Minors. You must be at least 18 years of age to use the Service. You are solely responsible for enforcing access to your computer limited to the extent necessary to restrict use to adults.

D. DISCLAIMERS

D.1. General. The information provided through this Service is for educational purposes only. The Materials include information about medications and forms of treatment that are general in nature and do not cover all possible uses, actions, precautions, side effects, or interactions of any medicines of treatments, nor is the information intended as medical advice for individual problems or for making an evaluation as to the risks and benefits of taking a particular medicine or form of treatment. The text that may be displayed on the Service at any one time may contain only a portion of relevant information.

D.2. LIMITATION OF LIABILITY. INFORMATION SUPPLIED BY ASTHMACPG IS PROVIDED “AS IS” AND NEITHER ASTHMACPG NOR ANY OF THE PROFESSIONAL STAFF OR ANY OTHER PERSON MAKE ANY REPRESENTATION OR WARRANTY WITH RESPECT TO THE CONTENTS OF THIS SERVICE OR INFORMATION FURNISHED BY THEM OR OUR AGENT, EMPLOYEES OR REPRESENTATIVES. WE SPECIFICALLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW AND NEGATE ANY AND ALL WARRANTIES, EXPRESS OR IMPLIES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, COMPLETENESS, TIMELINESS, CORRECTNESS, NONINFRINGEMENT, OR FITNESS FOR ANY PARTICULAR USE, APPLICATION OR PURPOSE. ASTHMACPG DOES NOT WARRANT OR MAKE ANY REPPRESENTATIONS CONCERNING THE ACCURACY, LIKLEY RESULTS, OR RELIABILITY OF THE USE OF THESE MATERIALS ON ITS PAGES OR OTHERWISE RELATING TO SUCH MATERIALS OR ON ANY SITES LINKED TO THESE PAGES.

YOU HEREBY ALSO AGREE THAT ASTHMACPG, THE SERVICE, AND ITS SUBSIDIARIES, OFFICERS, DIRECTORS, AGENTS AND EMPLOYEES, SHALL IN NO EVENT BE LIABLE TO YOU FOR ANY DAMAGES, CLAIMS, DEMANDS OR CAUSES OF ACTION, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE, (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF DATA OR PROFIT, OR DUE TO BUSINESS INTERRUPTION), AS A RESULT OF YOUR USE OR INABILITY TO USE THIS SERVICE OR ANY INFORMATION YOU OBTAIN ON IT OR ANY OTHER INTERACTION WITH ASTHMACPG ITS WEB PAGES, OR ITS SUBSIDIARIES, EVEN IF ASTHMACPG OR ASTHMACPG AUTHORIZED REPRESENTATIVE HAS BEEN NOTIFIED ORALLY OR IN WRITING OF THE POSSIBILITY OF SUCH DAMAGE. IN USING THESE WEB PAGES OR SERVICES, YOU AGREE THAT YOU ARE WAIVING VOLUNTARILY AND UNEQUIVOCALLY ANY LIABILITY OF ASTHMACPG, ITS WEB PAGES, AND ITS SUBSIDIARIES.

D.3. Non-Endorsement. We do not represent or endorse the accuracy or reliability of any of the Materials, nor the quality of any Products. You acknowledge that any reliance upon any Materials or Products is at your sole risk and you shall exercise your own informed judgment and evaluation on the use of the Products.

D.4. Revisions and Errata.  The materials appearing on AsthmaCPG could include technical or typographical errors. AsthmaCPG does not warrant that any of the materials on its Web pages are accurate, complete, or current. AsthmaCPG may make changes to the materials contained on its Web pages at any time without notice.

D.5. File Viruses. We do not make any representation or warranty concerning errors, omissions, delays or other defects in the information supplied to you or other users of the Service, regardless of source of the problem, or that any files are free from viruses, worms, Trojan horses or any other code or source that includes or manifests contaminating or destructive characteristics.

D.6. Your Indemnification. You agree to indemnify and hold us, our affiliates and officers, directors, agents and employees, harmless from and against any claim, demand, or cause of action, including any (including attorney(s) fees) arising out of claims based on any aspect of use by you or others of the Service, including without limitation, (i) claims based on defamation or your other conduct in using the Service, or (ii) your violation of any intellectual property laws including without limitation those relating to our copyrights, trademarks or trade secrets.

E. MISCELLANEOUS

E.1. Entire Agreement; Amendments. This Agreement takes effect on your first use of the Service and constitutes your entire agreement with AsthmaCPG and supersedes all prior or contemporaneous communications or agreements. It applies to all persons accessing the Service from your computer. We have the right to amend this Agreement at any time without notice to you by posting the changes or the entire Agreement as revised. You will regularly review this Agreement for any changes and your use of the Service following any changes constitutes your acceptance of the Agreement as changed or revised.

E.2. Dispute Resolution. Any dispute concerning this Agreement or your use of the Service, Materials or Products shall be governed by the laws of the United States of America and the State of California, excluding its choice of law principles, must be brought within 12 months after the claim or cause of action arises, and shall be brought exclusively in the United States District Court for Northern California or the state courts for City and County of San Francisco, California, and you consent to the exercise of jurisdiction over you by such courts. To the fullest extent permitted by applicable law, each party to this Agreement waives its or his right to a jury trial with respect to any action brought under or in connection with this Agreement. In any dispute between us and you concerning the Service, we shall be entitled to recover attorney fees, costs and expenses.

E.3. Agreement Interpretation. The headings used in this Agreement are for convenience only and are not to be used in determining the meaning or interpretation of this Agreement. If any provision in this Agreement is determined to be invalid or unenforceable, that provision shall be severed from the Agreement without affecting the enforceability of all remaining provisions.

E.4. More. The contents of the AsthmaCPG Site, such as text, graphics, images, and other material contained on the AsthmaCPG Site (“Content”) are for informational purposes only. The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on the AsthmaCPG Site!

If you think you may have a medical emergency, call your doctor or 911 immediately. AsthmaCPG does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Site. Reliance on any information provided by AsthmaCPG, AsthmaCPG employees, others appearing on the Site at the invitation of AsthmaCPG, or other visitors to the Site is solely at your own risk.

The Site and the Content are provided on an “as is” basis.

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s