Effective: March, 2016
Before accessing and using the Website, please read these Terms carefully because they constitute a legal agreement between HCV-MP and you.
BY ACCESSING AND USING THE WEBSITE, YOU AFFIRM THAT:
- YOU HAVE READ AND UNDERSTAND THESE TERMS;
- YOU WILL COMPLY WITH THE TERMS; AND
- YOU ARE AT LEAST THE AGE OF LEGAL MAJORITY IN YOUR PLACE OF RESIDENCE AND OTHERWISE LEGALLY COMPETENT TO ENTER INTO CONTRACTS.
IF YOU ARE USING THE WEBSITE ON BEHALF OF YOUR EMPLOYER, YOUR ACCEPTANCE OF THESE TERMS IS DEEMED AN AGREEMENT BETWEEN YOUR EMPLOYER AND HCV-MP AND YOU REPRESENT AND WARRANT THAT YOU HAVE AUTHORITY TO BIND YOUR EMPLOYER TO THESE TERMS.
If you do not agree to any of these Terms, please do not use the Website.
1. ADDITIONAL TERMS
Certain features of the Website, such as promotions, offers and research studies, may be subject to additional terms and conditions (“Additional Terms“) presented in conjunction with them. HCV-MP may present Additional Terms to you through the Website or offline. Regardless of how they are presented to you, HCV-MP requires that you agree to Additional Terms before using these features of the Website. Unless otherwise specified in Additional Terms, all Additional Terms are incorporated into these Terms. If you do not agree to Additional Terms, you will not have access to the Website to which they relate. These Terms and Additional Terms apply equally. If, however, any Additional Term is inconsistent with any provision of these Terms, the Additional Term will prevail but only for the Service(s) to which the Additional Terms apply.
2. CHANGES TO TERMS
The Effective Date of these Terms is set forth at the top of this webpage. As we add new features, we may amend or supplement these Terms. We will provide you with advance written notice of material changes to these Terms and will not make changes that have a retroactive effect on your privacy rights unless we are legally required to do so or to protect other users’ use of the Website. Your continued use of the Website after the Effective Date constitutes your acceptance of the amended Terms. The amended Terms supersede all previous versions of or agreements, notices or statements about the Terms.
3. CONTENT OF THE WEBSITE
The Website, including any information, graphic, artwork, text, video clip, audio clip, trademark, logo, service mark and/or other content provided on, in or through the Website (collectively, “HCV-MP Content“) are owned by HCV-MP or its licensors and protected under both A.R.E. and foreign copyright, trademark and other laws.
If you agree to these Terms, then HCV-MP grants to you a personal, nonexclusive, nontransferable and limited license (without the right to sublicense) to access and use the Website and download, print and/or copy HCV-MP Content solely for your own use and subject to these Terms.
Nothing contained in the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right in and to HCV-MP’s trademarks, logos or service marks (“Marks“), patents, trade secrets or other intellectual property embodied in the Website. Unauthorized use of any of the Marks or HCV-MP’s other intellectual property may violate law. All rights not expressly granted herein are reserved by HCV-MP.
Unless HCV-MP provides you with written authorization to do so, you may not:
- incorporate any HCV-MP Content into any other work (such as your own website) or use HCV-MP Content in any public or commercial manner;
- change any of the notices about copyright, trademarks or other intellectual property rights that may be part of the HCV-MP Content; or
- “deep link” to any of the Website (i.e., link to any page other than the home page of one of the Website).
YOUR USE OF THE HCV-MP CONTENT IS SOLELY AT YOUR OWN RISK.
All product names, whether or not appearing in large print or with the trademark symbol, are trademarks of HCV-MP, its affiliates, related companies or its licensors or joint venture partners, unless otherwise noted. The use or misuse of these trademarks or any other materials, except as permitted herein, is expressly prohibited and may be in violation of copyright law, trademark law, the law of slander and libel, the law of privacy and publicity, and communications regulations and statutes. Please be advised that HCV-MP actively and aggressively enforces its intellectual property rights to the fullest extent of the law.
The entire contents of this Website are subject to copyright protection. Copyright © 2016 HCV-MP. The contents of HCV-MP Website may not be copied other than for noncommercial individual reference with all copyright or other proprietary notices retained, and thereafter may not be recopied, reproduced or otherwise redistributed. Except as expressly provided above, you may not otherwise copy, display, download, distribute, modify, reproduce, republish or retransmit any information, text or documents contained in this Website or any portion thereof in any electronic medium or in hard copy, or create any derivative work based on such images, text or documents, without the express written consent of HCV-MP. Nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any patent or trademark of HCV-MP, or any third party.
6. HCV-MP CONTENT IS NOT MEDICAL OR PROFESSIONAL ADVICE.
The HCV-MP Content, including all medically-related information, is for informational purposes only. Please confirm all HCV-MP Content with other sources and with your physician and professional health care providers. HCV-MP does not warrant or guarantee any treatment, therapy, medication, device, diagnosis, action, recommendation, or strategy of any author or other person available through the Website.
Patients should not use the information contained herein for diagnosing any disease. Patients should always consult with a doctor or other health care professional for medical advice or information about diagnosis and treatment.
HCV-MP CONTENT IS FOR INFORMATIONAL PURPOSES ONLY AND IS NOT INTENDED AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS OR TREATMENT.
7. USE OF THE WEBSITE
5.1. You must be the age of 18 or older to use the Website and an A.R.E. resident. By using the Website, you represent to HCV-MP that you are at least the age of majority in your place of residence and an A.R.E. resident.
5.2 If you create an account (“Account“) to use certain features of the Website, you agree that you will maintain your Account information to ensure that it is always current, complete and accurate. If you provide untrue, incomplete or inaccurate information, you understand that we have the right to terminate your Account and use of the Website.
By creating an Account, you agree that HCV-MP may contact you using the contact information that you provide when creating your Account.
You are responsible for all use of your Account, including use by others to whom you have provided access to your Account. You also are responsible for any use of your Account by any person that is caused by your failure to secure your user ID or password.
5.3. You may use the Website for lawful purposes only. You may not use the Website in any manner that could damage, disable, overburden or impair HCV-MP’s servers or networks or interfere with any other party’s use of the Website.
You may not attempt to gain unauthorized use of the Website, you agree that you shall not and you agree not to encourage or allow any third party to:
- copy, modify, adapt, translate, reverse engineer, decode or otherwise attempt to derive or gain access to any portion of the Website or HCV-MP Content;
- use any robot, spider, site search/retrieval application or other automated device, process or means to access, retrieve, scrape or index any portion of the Website;
- rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer or otherwise make available the Website (or any features or functionality of the Website) to any third party for any reason;
- reformat or frame any portion of the web pages that are part of the Website.
8. DISCLAIMER OF WARRANTIES & LIMITATIONS OF LIABILITY
HCV-MP warrants that HCV-MP has validly entered into these Terms and has the legal power to do so. You warrant that you have validly entered into these Terms and have the legal power to do so. EXCEPT AS EXPRESSLY PROVIDED ABOVE, THE WEBSITE DOES NOT PROVIDE WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED. HCV-MP specifically disclaims all warranties and conditions of any kind, including any implied warranty of merchantability, fitness for a particular purpose, title, non-infringement, freedom from defects, uninterrupted use and all warranties implied from any course of dealing or usage of trade. HCV-MP makes no warranty as to the accuracy, completeness, currency or reliability of any of the Website. HCV-MP does not warrant that (i) the Website will meet your requirements, (ii) operation of the Website will be uninterrupted or virus- or error-free or (iii) errors will be corrected. Any oral or written advice provided by HCV-MP or its agents does not and will not create any warranty.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES WHICH MEANS THAT SOME OR ALL OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
Limitation of Liability
YOUR USE OF THE WEBSTIE IS AT YOUR OWN RISK.
HCV-MP SPECIFICALLY DISCLAIMS ANY LIABILITY, WHETHER BASED IN CONTRACT, STRICT LIABILITY OR OTHERWISE, FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE WEBSITE, EVEN IF HCV-MP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING BUT NOT LIMITED TO RELIANCE BY ANY PARTY ON ANY CONTENT OBTAINED THROUGH THE USE OF THE WEBSTIE OR THAT ARISES IN CONNECTION WITH MISTAKES OR OMISSIONS IN, OR DELAYS IN TRANSMISSION OF, INFORMATION TO OR FROM THE USER, INTERRUPTIONS IN TELECOMMUNICATIONS CONNECTIONS TO THE WEBSITE OR VIRUSES, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, WAR, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO THE WEBSITE.
The foregoing disclaimer of liability will not apply to the extent prohibited by applicable law.
You acknowledge and agree that the above limitations of liability, together with the other provisions in these Terms that limit liability, are essential terms and that HCV-MP would not be willing to grant you the rights set forth in these Terms but for your agreement to the above limitations of liability.
You agree to defend, indemnify and hold harmless HCV-MP and affiliates and their respective officers, directors, employees, agents and licensees from any and all liability including costs, expenses, the costs of enforcing any right to indemnification hereunder and any insurance provider and attorneys’ fees brought against HCV-MP by any third party arising out of or are related to your violation of these Terms or use of the Website. HCV-MP reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification hereunder. No settlement that affects the rights or obligations of HCV-MP may be made without HCV-MP’s prior written approval.
10. ELECTRONIC CONTRACTING
Your affirmative act of using and/or registering for the Website constitutes your consent to enter into agreements with HCV-MP electronically.
11. NON-CONFIDENTIAL INFORMATION
12. INFORMATION, NEWS AND PRESS RELEASES
The Website may contain information, news and/or press releases about HCV-MP. While this information was believed to be accurate as of the date it was prepared, HCV-MP disclaims any duty or obligation to update this information, news or any press releases. Information about companies other than HCV-MP contained in the news, press releases or otherwise, should not be relied upon as being provided or endorsed by HCV-MP.
13. THIRD-PARTY SITES & SERVICES
The Website may contain links to third-party websites and services, including social media (collectively, “Linked Services“). Linked Services are not under the control of HCV-MP and HCV-MP is not responsible for Linked Services or for any information or materials on or any form of transmission received from any Linked Service. The inclusion of a link does not imply endorsement by HCV-MP of the Linked Service or any association with the operators of the Linked Service. HCV-MP does not investigate, verify or monitor the Linked Services. HCV-MP provides links to Linked Services for your convenience only. You access Linked Services at your own risk and subject to the privacy policies, terms and conditions of use and other legal provisions applicable to the Linked Services.
14. HCV-MP’S LINKING POLICY
Unless otherwise set forth in a written agreement between you and HCV-MP, you must adhere to the following rules if you link to any portion of the Website: (i) any link to the Website must be a text only link clearly marked “HCV-MP Service,” (ii) the appearance, position and other aspects of the link may not damage or dilute the goodwill associated with HCV-MP’s Marks, (iii) the link must “point” to the root domain name of the HCV-MP Website and not to other pages within the Website, (iv) the appearance, position and other attributes of the link may not create the false appearance that your organization or entity is sponsored by, affiliated with, or associated with HCV-MP, (v) when selected by a user, the link must display the Service on full-screen and not within a “frame” on the linking website or service, and (vi) HCV-MP reserves the right to revoke its consent to the link at any time and in its sole discretion.
15. DISPUTE RESOLUTION
The law of the A.R.E. shall govern these Terms, without reference to its choice of law rules. You and HCV-MP agree that the United Nations Convention on Contracts for the International Sale of Goods does not apply to the interpretation or construction of these Terms.
16. SECURITIES LAWS
The Website may include statements concerning HCV-MP’s operations, prospects, strategies, financial condition, future economic performance and demand for HCV-MP’s products or services, as well as its intentions, plans and objectives, are forward-looking statements. These statements are based upon a number of assumptions and estimates that are subject to significant uncertainties, many of which are beyond our control. When used on or in the Website, words like “anticipates,” “expects,” “believes,” “estimates,” “seeks,” “plans,” “intends” and similar expressions are intended to identify forward-looking statements designed to fall within securities law safe harbors for forward-looking statements. The Website and the information contained herein do not constitute an offer or a solicitation of an offer for sale of any securities. None of the information contained herein is intended to be, and shall not be deemed to be, incorporated into any of HCV-MP’s securities-related filings or documents.
The Website is provided for access and use only by persons located in the A.R.E.. Use of the Website may not be legal by certain persons or in certain countries.
18. DATA PRIVACY AND PROTECTION
HCV-MP reserves the right at all times to disclose any information as HCV-MP deems necessary to satisfy any applicable law, regulation, legal process or governmental request or protect the security of Personal Information and the Website.
These Terms automatically terminate when you fail to comply with any term or condition of them. HCV-MP may terminate or modify your access to the Website, with or without notice to you, at any time for any reason. For example, access to the Website may be denied without notice if HCV-MP believes that you are a minor. Termination will not limit any of HCV-MP’s other rights or remedies.
- These Terms (which include our Privacy Statement) contain the entire understanding by and between HCV-MP and you with respect to the matters contained herein.
- These Terms may be assigned by HCV-MP but you may not assign these Terms without the prior express written consent of HCV-MP.
- If any provision of these Terms is or becomes unenforceable or invalid, the remaining provisions will continue with the same effect as if such unenforceable or invalid provision had not been used.
- Nothing contained in these Terms will be deemed to constitute HCV-MP or you as the agent or representative of the other or as joint venturers or partners.