Transphorm Health Terms of Use – Effective Date: May 1, 2006
These Terms of Use apply to the Transphorm Health web site located at www.transphormhealth.com, and all associated sites linked to www.transphormhealth.com (the “Site”) by Transphorm Health Inc (“Transphorm Health”), its subsidiaries and affiliates. The Site is the property of Transphorm Health Inc. By using transphormhealth.com, you agree to these Terms of Use; if you do not agree to these Terms of Use, please do not use the Site.
Transphorm Health reserves the right to change these Terms of Use at any time. The most current version of these Terms of Use may be viewed by clicking on the link at the bottom of the transphormhealth.com home page. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, Transphorm Health grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.
Content
Please be aware that all of the information and material on transphormhealth.com is designed and intended for the use of adult healthcare professionals. Such information and material is not meant to replace a healthcare professional’s clinical judgment. If you are a consumer who chooses to access the professional-level information on transphormhealth.com, the information on the Site should not be used as medical advice and should not replace any relationship with your physician or other healthcare professional. For any medical concerns or questions, including decisions about medications and other treatments, consumers should always consult their physician.
All text, graphics, logos, audio, photographs, user interfaces, visual interfaces, trademarks and computer code (collectively, “Content”) contained on the Site is owned, controlled or licensed by or to Transphorm Health, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
Except as expressly stated in these Terms of Use, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way to any other computer, server, web site or other medium for publication or distribution or for any commercial enterprise, without Transphorm Health’s express prior written consent.
You may use information (such as reprints and Program Summaries) purposely made available by Transphorm Health for downloading from transphormhealth.com, provided that you (1) do not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial information purposes only and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no changes to any such material, and (4) do not make any additional representations or warranties relating to such documents.
Disclaimers
You assume total responsibility for your use of transphormhealth.com and any linked sites. The Site and all its contents are provided on an “as-is” and “as-available” basis. Transphorm Health does not offer any warranty or guarantee related to transphormhealth.com. Transphorm Health makes no representations or warranties as to the availability, accuracy, or completeness of any information contained on transphormhealth.com and expressly disclaims any obligation to update said information. Transphorm Health further assumes no liability or responsibility for any errors or omissions in the content of the Site. Transphorm Health disclaims all warranties, express or implied, including any warranties of accuracy, non-infringement, merchantability and fitness for a particular purpose. Transphorm Health disclaims any and all liability for the acts, omissions and conduct of any third parties in connection with or related to your use of the Site and/or any Transphorm Health services. Neither Transphorm Health nor any other party involved in creating, producing or delivering the Site is liable for any direct, incidental, consequential, indirect or punitive damages arising out of your access to, use of, or browsing of the Site. This includes damages to, or arising out of viruses that may infect your computer equipment or other property.
Transphorm Health reserves the right to do any of the following, at any time, without notice: (1) change, suspend, or terminate operation of or access to the Site, or any portion of the Site; (2) change policies or terms related to the site; and (3) interrupt operation of the Site, or any portion of the Site, to perform changes or maintenance.
Privacy
Transphorm Health’s Privacy Policy applies to the use of this Site, and its terms are made a part of these Terms of Use by this reference. To view Transphorm Health’s Privacy Policy, click here. Please be aware that no transmission of information via the Internet can be entirely secure. You should, therefore, always use caution when submitting personal information online.
Links to Other Sites
Transphormhealth.com contains links to other independent third-party web sites as a service to our users. Transphorm Health is not responsible for, and does not endorse the content of these sites, and users should therefore use their own judgment when it comes to their interactions with these sites.
Linking to Transphormhealth.com
Please obtain written permission before linking to transphormhealth.com by emailing us at admin@transphormhealth.com. Thank you.
U.S. Government End Users
If you are affiliated with the U.S. government, then you should know that the software and documentation available on our Site are "commercial items," as that term is defined in 48 C.F.R. 2.101 (October 1995), consisting of "commercial computer software" and "commercial computer software documentation," as such terms are used in 48 C.F.R. 12.212 (September 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 27.7202-4 (June 1995), all U.S. government end users acquire the software and documentation with only those rights set forth herein.
Violation of Terms of Use
You agree that Transphorm Health may, in its sole discretion and without prior notice, terminate your access to the Site and/or block future access to the Site if we determine that you have violated these Terms of Use or other guidelines which may be associated with your use of the Site. We may also take any legal action we think is appropriate. If Transphorm Health does take any legal action against you as a result of your violation of these Terms of Use, Transphorm Health will be entitled to recover from you, and you agree to pay, all reasonable attorney’s fees and costs of such action, in addition to any relief granted to Transphorm Health. You agree that Transphorm Health will not be liable to you or to any third party for termination of your access to the Site as a result of any violation of these Terms of Use.
Governing Law
You agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by the laws of the United States and by the laws of the State of New Jersey without regard to its conflicts of law provisions. In the event of any dispute or controversy between you and Transphorm Health related to your use of the Site, the parties shall attempt, promptly and in good faith, to resolve any dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue and right or remedy available to them under applicable law.
Void Where Prohibited
Transphormhealth.com is intended for U.S. healthcare professionals only. Transphorm Health administers and operates the www.transphormhealth.com Site from its location within the state to New Jersey in the United States of America. Although the site is accessible worldwide, Transphorm Health makes no representation that materials on the Site are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited. If you choose to access the Site from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.
If you have any questions or comments about these Terms of Use, please send them to us by email to admin@transphormhealth.com. |
