Last updated: October 20, 2015
DISCLAIMER – This site may contain information on medical and health-related topics. The information provided by this site is not intended nor is implied to be a substitute for professional medical advice. Always seek the advice of your physician or other qualified health care provider prior to starting any new treatment or with any questions you may have regarding a medical condition.
IMPORTANT – PLEASE READ CAREFULLY – THESE TERMS CREATE A LEGALLY BINDING AGREEMENT WHICH GOVERNS YOUR USE OF OUR SITE. BY ACCESSING OR USING OUR SITE, YOU ACCEPT AND AGREE TO BE BOUND, WITHOUT LIMITATION OR QUALIFICATION, BY THESE TERMS. IF YOU DO NOT ACCEPT ANY OF THESE TERMS, YOU ARE PROHIBITED FROM USING OUR SITE.
- 1. License and Restrictions.
- 1.1 License Grant For Site. Subject to your agreement and continuing compliance with these Terms and any other relevant Blockade Medical policies, we grant you a non-exclusive, non-transferable, revocable limited license to access our Site through a web browser or mobile device.
- 1.2 Activity Prohibitions. You agree that you will not, under any circumstances:
- (a) Engage in any act that we deem to be in conflict with the spirit or intent of our Site, including but not limited to circumventing or manipulating these Terms and other terms to which you are subject by Blockade Medical;
- (b) Use our Site in connection with any violation of any applicable law or regulation, or do anything that promotes the violation of any applicable law or regulation;
- (c) Without our express written consent, modify or cause to be modified any files or content that are used to display our Site;
- (d) Disrupt, overburden, or aid or assist in the disruption or overburdening of (1) any computer or server used to offer or support our Site (each a “Server”) or (2) the enjoyment of our Site by any other person;
- (e) Institute, assist or become involved in any type of attack, including without limitation distribution of a virus, denial of service attacks upon our Site or other attempts to disrupt our Site or any other person’s use or enjoyment of our Site;
- (f) Gain or attempt to gain unauthorized access to our Site, Servers or networks connected to our Site by any means, including but not limited to circumventing or modifying, attempting to circumvent or modify or encouraging or assisting any other person to circumvent or modify, any security, technology, device or software that is part of our Site;
- (g) Interfere or attempt to interfere with the proper functioning of our Site or connect to or use our Site in any way not expressly permitted by these Terms;
- (h) Use, facilitate, create or maintain any unauthorized connection to our Site, including without limitation (1) any connection to any unauthorized server that emulates, or attempts to emulate, any part of our Site or (2) any connection using programs, tools or software not expressly approved in writing by us;
- (i) Copy, modify or distribute rights or content from any of our sites, including but not limited to content that contains or is protected by copyright or trademark or use any method to copy or distribute the content of our Site, except as specifically allowed in these Terms;
- (j) Upload or transmit or attempt to upload or to transmit, without our express written permission, any material that acts as a passive or active information collection or transmission mechanism, including, without limitation clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies or other similar devices (sometimes referred to as “spyware,” “passive collection mechanisms” or “pcms”).
- 1.3 Intellectual Property Ownership in Our Site. Our Site or portions of our Site including without limitation any computer code, concepts, artwork, animations, sounds, musical compositions, audio-visual effects and text contained within are copyrighted works or are covered by intellectual property rights owned by us or our licensors.
- 2. Third Party Links.
- 2.1. Links to Third Party Sites and Dealings with Advertisers. We may provide links on our Site to third party websites. We make no representation or warranty regarding any content, goods and/or services provided by any third party even if linked from our Site, and will not be liable for any claim relating to any third party content, goods and/or services. The linked third party sites are not under our control and may collect data or solicit personal information from you. We are not responsible for their content, business practices or privacy policies, or for the collection, use or disclosure of any information those sites may collect. Further, the inclusion of any third party link does not imply our endorsement by of these linked sites.
- 3. Notices and Forward Looking Statement. PLEASE READ THE FOLLOWING NOTICES AND STATEMENTS.
- 3.1. Compliance Notice. A statement regarding our compliance with a Comprehensive Compliance Program (“CCP”) that satisfies the requirements of California Health and Safety Code §§ 119400-119402 can be found at www.blockademedical.com/legal
- 3.2. Product Notices.
- 3.3. Intellectual Property Notices
- 3.4. FORWARD-LOOKING INFORMATION. THIS SITE MAY CONTAIN FORWARD-LOOKING INFORMATION. SUCH INFORMATION IS SUBJECT TO A VARIETY OF SIGNIFICANT UNCERTAINTIES, INCLUDING SCIENTIFIC, BUSINESS, ECONOMIC AND FINANCIAL FACTORS, AND THEREFORE ACTUAL RESULTS MAY DIFFER SIGNIFICANTLY FROM THOSE PRESENTED.
- 4. Updates to Our Site. We use our Site to post information regarding our products. Though we make reasonable efforts to keep the product information on our Site up-to-date, you understand and agree that not all product information posted on our Site may be current. You also understand that our Site undergoes frequent changes. You acknowledge and agree that we may update our Site without notifying you.
- 5. Disclaimer; Limitations; Waivers on Liability; Indemnification.
- 5.1. Disclaimer of Warranties.
- (a) SITE PROVIDED “AS IS”. YOU EXPRESSLY AGREE THAT USE OF OUR SITE IS AT YOUR SOLE RISK AND IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE (EXCEPT ONLY TO THE EXTENT PROHIBITED UNDER APPLICABLE LAW WITH ANY LEGALLY REQUIRED WARRANTY PERIOD THE SHORTER OF THIRTY (30) CALENDAR DAYS FROM FIRST USE OR THE MINIMUM PERIOD REQUIRED).
- (b) NO WARRANTY OF ERROR-FREE OPERATION. WITHOUT LIMITING THE FOREGOING, NEITHER WE NOR OUR AFFILIATES OR SUBSIDIARIES, OR ANY OF THEIR DIRECTORS, EMPLOYEES, AGENTS, ATTORNEYS, THIRD-PARTY CONTENT PROVIDERS, DISTRIBUTORS, LICENSEES OR LICENSORS (COLLECTIVELY, “Blockade Medical PARTIES”) WARRANT THAT OUR SITE WILL BE UNINTERRUPTED OR ERROR-FREE.
- (c) NO WARRANTY REGARDING ACCESS TO ACCOUNTS AND CONTENT. WE DO NOT WARRANT THAT ALL CONTENT OR INFORMATION POSTED BY AN ACCOUNT HOLDER WILL REMAIN AVAILABLE AT ALL TIMES OR WILL NEVER BE DELETED, CORRUPTED OR OTHERWISE UNAVAILABLE. WE DO NOT WARRANT THAT OUR SITE WILL BE KEPT FROM ANY PARTICULAR INDIVIDUAL WHO EITHER HACKS OR ENGAGES IN ANY FORM OF UNAUTHORIZED ACCESS TO SUCH CONTENT OR INFORMATION OR IS MISTAKENLY GRANTED ACCESS BY US OR THROUGH OUR SITE.
- 5.2. Limitations; Waivers of Liability.
- (a) DISCLAIMER OF INDIRECT DAMAGES. YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY ANY APPLICABLE LAW, THE DISCLAIMERS OF LIABILITY CONTAINED HEREIN APPLY TO ANY AND ALL DAMAGES OR INJURY WHATSOEVER CAUSED BY OR RELATED TO USE OF, OR INABILITY TO USE, OUR SITE UNDER ANY CAUSE OR ACTION WHATSOEVER OF ANY JURISDICTION, INCLUDING, WITHOUT LIMITATION ACTIONS FOR BREACH OF WARRANTY, BREACH OF CONTRACT OR TORT (INCLUDING NEGLIGENCE) AND THAT THE Blockade Medical PARTIES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES IN ANY WAY WHATSOEVER ARISING OUT OF THE USE OF, OR INABILITY TO USE, OUR SITE.
- (b) NOT RESPONSIBLE FOR THIRD PARTY CONDUCT. YOU FURTHER SPECIFICALLY ACKNOWLEDGE THAT THE Blockade Medical PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THE Blockade Medical PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF OUR SITE AND EXTERNAL SITES AND OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
- (c) DISCLAIMER MAY NOT BE APPLICABLE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS IN THE SECTION MAY NOT APPLY TO YOU.
- 6. General Provisions.
- 6.4. Supplemental Policies. We may publish additional policies related to specific services such as forums, contests or loyalty programs. Your right to use such services is subject to those specific policies and these Terms.
- 6.7. Equitable Remedies. You acknowledge that the rights granted and obligations made under these Terms to us are of a unique and irreplaceable nature, the loss of which will irreparably harm us and which cannot be replaced by monetary damages alone, so that we will be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety or proof of damages) in the event of any breach or anticipatory breach by you. You irrevocably waive all rights to seek injunctive or other equitable relief, or to enjoin or restrain the operation of our Site, exploitation of any advertising or other materials issued in connection therewith, or exploitation of our Site or any content or other material used or displayed through our Site and agree to limit your claims to claims for monetary damages, limited by Section 5.2 (if any).
- 6.8. Force Majeure. We will not be liable for any delay or failure to perform resulting from causes outside of our reasonable control, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond our control, such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, shortages of transportation facilities, fuel, energy, labor or materials.