TERMS OF USE


Last Updated: November 8, 2014

PLEASE READ THESE “TERMS OF USE” CAREFULLY BEFORE USING THIS WEB SITE. USING THIS WEB SITE INDICATES THAT YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS, DO NOT USE THIS WEB SITE.

As used on this web site, “EpiEP”, and “the Company” refer to EpiEP, Inc., a Delaware corporation.


Acceptance of Terms

The following are terms of a legal agreement between you and EpiEP. By accessing, browsing and/or using this site (“Site”), you acknowledge that you have read, understood, and agree to be bound by these terms and to comply with all applicable laws and regulations. If you do not agree to these terms, do not use this Site.


Revisions to Terms of Use

EpiEP may at any time revise these Terms of Use by updating this posting. By using this Site, you agree to be bound by any such revisions and should therefore periodically visit this page to determine the then current Terms of Use to which you are bound.


The material provided on this Site is protected by law, including, but not limited to, United States copyright law and international treaties. The copyright in all content and material provided on this Site is held by EpiEP. Except as stated herein, none of the material may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of EpiEP or the copyright owner. Permission is granted to display, copy, distribute and download the materials on this Site for personal, non-commercial use only and subject to the conditions that you do not modify the materials and that you retain all copyright and other proprietary notices contained in the materials. This permission terminates automatically if you breach any of these terms or conditions. Upon termination of the permission granted hereby, you will immediately destroy any downloaded and printed materials. You also may not, without EpiEP's permission, "mirror" any material contained on this Site on any other server. Any unauthorized use of any material contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.


Trademarks

The EpiEP name and logo and any other trademarks, service marks or product or service names, marks or logos (the “Trademarks”) are the trademarks of EpiEP, Inc. Nothing on this Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark displayed on the Site, without the written permission of EpiEP. Neither the name of EpiEP nor the EpiEP logo may be used in any way, including in advertising or publicity pertaining to distribution of materials on this Site, without prior, written permission.


Company Products

Information regarding the company and products developed by or under development by EpiEP are presented for general informational purposes only and are not intended to promote any product or state any specific claims for the product or imply that any product is safe or effective, including for any specific indication.

EpiEP’s products discussed and represented on the Site are not for commercial sale in any country in which the products have not been approved or cleared for sale in accordance with applicable local law. Certain of the company’s products are investigational devices and use is limited by applicable law to investigational use only. Medical devices must withstand regulatory review by the appropriate government authorities before they become commercially or clinically available in any specific country. The requirements to obtain approval or clearance differ throughout the world.

We make no representations that the products are now, or will ever become, available for use in any specific country or for any specific indication.

No Advice Provided

EpiEP does not intend for you to consider any of the information contained or referenced in this Site to be a solicitation or promotion for any product or service or as medical advice for the treatment of any illness or disease, and you should not use it for these purposes. Patients should consult with their treating physicians if medical advice is needed. Developments in medical research may impact the information that appears on the Site. No assurances are provided that the information contained on the Site will always be accurate or complete or that it will include the most recent findings or developments with respect to any particular material.

Disclaimer of Warranty

THE INFORMATION AND MATERIALS ON THIS SITE ARE PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT POSSIBLE PURSUANT TO APPLICABLE LAW, EpiEP DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR OTHER VIOLATION OF RIGHTS. EpiEP DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, VALIDITY, ACCURACY, OR RELIABILITY OF, OR THE RESULTS OF THE USE OF, OR OTHERWISE RESPECTING, THE MATERIALS ON THIS SITE, ANY TECHNOLOGY, PRODUCTS OR SERVICES DESCRIBED ON THE SITE OR ANY SITES LINKED TO THIS SITE.

Limitation of Liability

Your sole remedy for any failure of any part of the Site or dissatisfaction with or error on the Site is to cease using the Site. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL EpiEP BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR PROFIT, ARISING OUT OF THE USE, OR THE INABILITY TO USE, THE SITE OR ANY MATERIALS ON THIS SITE, EVEN IF EpiEP OR AN EpiEP AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF MATERIALS FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY COSTS THEREOF. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.


Transmissions to this Site; Feedback

Any material, information or ideas you transmit to or post on or through this Site by any means will be treated as non-confidential and non-proprietary, and may be disseminated or used by EpiEP or its affiliates for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products. To the extent that the foregoing provisions conflict with the terms of a written agreement between you and EpiEP, the terms of such agreement will control.


This Site may contain hyperlinks to certain third party web sites. We do not maintain or control such third party sites and any hyperlinks are provided solely as a convenience to you. By providing these links, we are not endorsing, adopting or agreeing with any of the content of the linked sites. The content of linked web sites is not part of this Site. We do not review or control the content of third party sites. We expressly disclaim any responsibility for the content of any third party sites linked to this Site. We urge you to use discretion when you access any third party sites linked to our site.


Miscellaneous

The Terms of Use and our Privacy Statement shall constitute the entire agreement between you and EpiEP regarding your use of and access to the Site and shall supersede any and all prior terms of use or agreements between you and EpiEP relating to the use of the Site.
No waiver of any breach of the Terms of Use, whether by conduct or otherwise, shall be deemed to be a waiver of another or subsequent breach of the Terms of Use. Failure of EpiEP to enforce any breach of the Terms of Use shall not be deemed to be a waiver of EpiEP’s right to subsequently enforce any breach thereafter.

If any term or condition of the Terms of Use shall be held illegal, invalid or unenforceable, the remaining terms and conditions of the Terms of Use shall not be affected thereby and such terms and conditions shall be valid and enforceable to the fullest extent permitted by law. This Site is controlled and operated by EpiEP from the United States.

EpiEP makes no representation that materials in the Site are appropriate or available for use in other locations, and access to them from territories where their contents are illegal is prohibited. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws.

Any claim relating to, and the use of, this Site and the materials contained herein shall be governed by the laws of the United States of America and state of Massachusetts. By accessing or using this Site, you consent to exclusive jurisdiction and venue in such federal and state courts in the State of Massachusetts.

EpiEP may terminate or suspend the Site or your access to the Site at any time without notice, including upon any breach by you of any provision of these Terms of Use.