Last Updated: September 29, 2020
Thank you for visiting “Pediatric Adrenal Insufficiency” (the “Site”).
SITE PURPOSE AND PERMISSIBLE USE
The purpose of the Site is to provide information, support and resources to individuals living with pediatric adrenal insufficiency or related medical conditions, their families and friends, and others interested in our cause. We hope you find the Site informative and engaging. You may use the Site for personal, non-commercial purposes only.
This Site is further intended for use only by United States residents who access the Site from within the United States of America.
(a) No Illegal, Harmful, or Offensive Use or User Content.
You may not use, or encourage, promote, facilitate or instruct others to use, the Site for any illegal, harmful, fraudulent, infringing or offensive use, or to transmit, store, display, distribute or otherwise make available User Content that is illegal, harmful, inaccurate, fraudulent, infringing or offensive. Prohibited activities and User Content include:
- Illegal, Harmful or Fraudulent Activities. Any activities that are illegal, that violate the rights of others, or that may be harmful to others, our operations or reputation, including: (i) impersonating or otherwise misrepresenting affiliation, connection or association with, any person or entity, or (ii) offering or disseminating fraudulent goods, services, communications, schemes, or promotions, such as make-money-fast schemes, ponzi or pyramid schemes, phishing, or pharming.
- Infringing User Content. User Content that infringes or misappropriates the intellectual property or proprietary rights of others.
- Offensive User Content. User Content that is defamatory, obscene, abusive, invasive of privacy, or otherwise objectionable.
- Harassment. “Stalking” or otherwise harassing any person or contacting any person who has requested not to be contacted.
- Harmful User Content. User Content or other computer technology that may damage, interfere with, surreptitiously intercept, or expropriate any system, program, or data, including viruses, Trojan horses, worms, time bombs, or cancelbots.
- Content Scraping or Harvesting. Harvesting or otherwise collecting information about Site users, including email addresses and phone numbers, or using or attempting to use any automated engine, software, tool, agent, or other device or mechanism (including bots) to harvest, scrape, or extract or otherwise collect Content from the Site.
(b) No Security Violations.
You may not use the Services to violate the security or integrity of any network, computer or communications system, software application, or network or computing device (each, a “System”). Prohibited activities include:
- Unauthorized Access. Accessing or using any System without permission, including attempting to probe, scan, or test the vulnerability of a System or to breach any security or authentication measures used by a System.
- Interception. Monitoring of data or traffic on a System without permission.
- Denial of Service (DoS). Inundating a target with communications requests so the target either cannot respond to legitimate traffic or responds so slowly that it becomes ineffective.
- Intentional Interference. Interfering with the proper functioning of any System, including any deliberate attempt to overload a system by mail bombing, news bombing, broadcast attacks, or flooding techniques.
(c) No E-Mail or Other Message Abuse.
You will not distribute, publish, send, or facilitate the sending of unsolicited mass e-mail or other messages, promotions, advertising, or solicitations (like “spam”) through the Site or to other users identified through access to the Site, including commercial advertising and informational announcements.
(d) Our Monitoring and Enforcement.
NO PRACTICE OF MEDICINE OR MEDICAL ADVICE
Medical information that appears on this Site is for informational purposes only and is not, nor is intended to be, a medical diagnosis or a replacement for advice given by a physician or other medical professional. The information provided on this Site should not be relied upon as the basis for any healthcare decision.
The Site is not engaged in the practice of medicine and does not provide medical advice or services through the Site or otherwise. The Site is not a substitute for the advice of a medical professional, and the information made available on or through the Site should not be relied upon when making medical decisions, or to diagnose or treat any medical condition. We encourage you to consult with a medical professional concerning any medical or health-related questions you may have. You should never disregard medical advice, delay visiting a medical professional, or deviate from a treatment plan prescribed or recommended to you by your medical professional because of something you have read on the Site. You agree that we have no responsibility to provide medical advice or to take any medically related action in response to any information you provide on the Site.
The Site does not make, and should not be deemed to make, recommendations for a specific health care provider or treatment, and does not provide any guarantees for the outcome of any treatment you may receive. The Site does not endorse any treatments, products, clinical trials or studies that may appear on the Site or on any third-party sites. The acceptance of advertising on Site websites does not constitute or imply an endorsement of any advertised product, treatment or clinical trial. The Site accepts no responsibility for any claims made in any advertisement and cannot guarantee the accuracy of the information about any product, treatment or clinical trial describe on the Site.
Links to Other Websites
This Site may link You to other websites that are not owned or controlled by Eton. The fact that we provide a link to a third-party website does not mean that we endorse, authorize, or sponsor that website. It also does not mean that we are affiliated with the third-party website’s owners or sponsors. These links are provided for Your convenience only. Eton expressly disclaims any responsibility for the content, the accuracy of the information, the quality of products or services provided by or advertised on these third-party sites and/or the collection and use of personally identifiable information by these third-party sites. If You choose to hyperlink to another website, You do so at Your own risk. We reserve the right to terminate a link to a third-party website at any time.
Links From Other Websites to This Site
If a third-party links to this Site, it is not necessarily an indication of an endorsement, authorization, sponsorship, affiliation, joint venture, or partnership by or with us. In most cases, we are not aware that a third party has linked to this Site. Eton expressly disclaims any responsibility for the content, the accuracy of the information, the quality of products or services provided by or advertised on these third-party sites and/or the collection and use of personally identifiable information by these third-party sites.
THIS SITE AND THE CONTENT AND THE EMAIL ALERT SERVICE AVAILABLE THROUGH THIS SITE ARE PROVIDED TO YOU ON AN AS IS, AS AVAILABLE BASIS WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, CREATED BY LAW, CONTRACT OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. ETON MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE ACCURACY, COMPLETENESS, CURRENCY OR RELIABILITY OF THE CONTENT OR EMAIL ALERT SERVICE AVAILABLE THROUGH THIS SITE. YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION BEFORE RELYING ON IT. USE OF THIS SITE AND THE CONTENT AND EMAIL ALERT SERVICE AVAILABLE THROUGH THIS SITE IS AT YOUR SOLE RISK. ETON MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THIS SITE OR THE EMAIL ALERT SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE. FURTHER, ETON EXPRESSLY DISCLAIMS ANY OBLIGATION OR DUTY TO UPDATE OR CORRECT INFORMATION CONTAINED ON THIS SITE AND MAY CEASE THE EMAIL ALERT SERVICE AT ANY TIME, WITHOUT NOTICE TO YOU. YOU ARE RESPONSIBLE FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY CONTENT OR MATERIAL YOU OBTAIN FROM THIS SITE OR THE EMAIL ALERT SERVICE IS FREE OF COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS.
RESPONSIBILITY FOR ACCESS CREDENTIALS
The Site may require the use of a username, password or other access credentials to register or otherwise to access and use certain Site features or tools. You are responsible for maintaining the confidentiality of your access credentials and for any use of the Site by any users using your access credentials. You agree to notify the Site immediately of any unauthorized use of your account, username, or password.
Certain features or tools on the Site may enable you to interact and communicate with other parties, including but not limited to linked third parties, members and users of the Site. Please use reasonable precautions when using any interactive feature or tool and before you share any information with any other parties. The Site assumes no liability for the acts, omissions or communications of any members or users of the Site, or of any linked parties.
All communications through the Site with third parties are public. You understand and agree that we may monitor, intercept, store, use, analyze, and review the contents of any communications you submit through the Site for any purpose and disclose the contents of such communications to law enforcement or others.
SUBMISSIONS AND USER CONTENT
Eton welcomes Your feedback and suggestions about how to improve this Site. The Site may offer you opportunities to upload, post or enter information, ideas, suggestions, information, know-how, material, images, communications or other content or other content or provide feedback regarding the Site or our services (“User Content”). You acknowledge and agree that (a) such User Content will not be considered confidential or proprietary to you, (b) the Site is under no obligation to keep such User Content confidential, and (c) subject to our Privacy Notice [INSERT LINK], the Site has and will have an unrestricted, irrevocable, world-wide, royalty-free right to use, communicate, reproduce, publish, display, distribute, and exploit such User Content in any manner it chooses. We reserve the right, but do not have an obligation, to access, monitor, inspect, modify, or remove User Content in our sole discretion. We may also share User Content with law enforcement or other third parties if we feel appropriate for legal compliance or other purposes.
You agree that you have the necessary rights and licenses to upload or post the User Content to or enter the User Content on the Site, and that you will not upload, post or enter any User Content to the Site in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights.
Any User Content will be deemed to include a royalty-free, perpetual, irrevocable, transferable, worldwide, nonexclusive right and license for Eton to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works, display (in whole or part), or act on such content without additional approval or consideration, in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content. If You transmit to or post on this Site any material, data, information, or idea by any means, it will be treated as nonconfidential and nonproprietary and may be disseminated or used by us for any purpose. You are not authorized to post on or transmit to or from this Site any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, or any other content that could give rise to any civil or criminal liability under the law.
Intellectual Property Sites
All materials contained on this Site are protected by law, including but not limited to United States copyright and trademark law, as well as other state, national, and international laws and regulations. The contents of and all materials distributed in conjunction with this Site are Copyright © 2020 Eton Pharmaceuticals or its licensors, all rights reserved. Eton also owns a copyright in this Site as a collective work and/or compilation, and in the selection, coordination, arrangement, and enhancement of such content. The Eton name and logo, whether or not appearing with a trademark symbol, are trademarks of Eton Pharmaceuticals. Unauthorized use of any material or trademarks contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity, communications regulations and statutes, and other laws and regulations. Please be aware that Eton actively and aggressively enforces its intellectual property rights to the fullest extent of the law. The Site grants you a limited, personal, nontransferable, non-sublicensable, revocable license to access and use the Site and the Content only in the manner expressly permitted by the Site. Except for this limited license, the Site does not convey any interest in or to the Site, Content, or any other the Site property by permitting you to access the Site. Except to the extent required by law or as expressly provided herein, none of the Content may be reverse engineered, modified, reproduced, republished, translated into any language or computer language, re-transmitted in any form or by any means, resold or redistributed without the prior written consent of the Site. You may not make, sell, offer for sale, modify, reproduce, display, publicly perform, import, distribute, retransmit or otherwise use the Content in any way, unless expressly permitted to do so by the Site. Except as expressly provided herein, the Site does not grant to you any express or implied rights to the Site’s or any third party’s intellectual property.
Copyright Owner’s Rights Under the Digital Millennium Copyright Act of 1998
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes on their rights under United States copyright law. If You believe in good faith that materials hosted by Eton infringe Your copyright, You (or Your agent) may send us a notice requesting that the materials be removed, or access to them blocked. If You believe in good faith that a notice of copyright infringement has been wrongly filed against You, the DMCA permits You to send us a counter-notice. Notices and counter-notices must meet statutory requirements imposed by the DMCA. One place to find more information on the DMCA is the US Copyright Office website. Notices and counter-notices for the Site should be sent to General Counsel, Eton Pharmaceuticals, 21925 W Field Parkway, Suite 235, Deer Park, IL 60010-7278, USA.
THIRD-PARTY CONTENT AND LINKS TO THIRD PARTY SITES
DISCLAIMERS; LIMITATION OF LIABILITY
(a) No Warranties
SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION MAY NOT APPLY TO YOU. IF YOU ARE DEALING AS A CONSUMER, YOUR STATUTORY RIGHTS THAT CANNOT BE WAIVED, IF ANY, ARE NOT AFFECTED BY THESE PROVISIONS. YOU AGREE AND ACKNOWLEDGE THAT THESE DISCLAIMERS AND EXCLUSIONS ARE FAIR AND REASONABLE.
Limitation of Liability
YOU ASSUME FULL RESPONSIBILITY AND ALL RISKS ARISING FROM ACCESS TO AND USE OF THIS SITE AND THE EMAIL ALERT SERVICE AVAILABLE THROUGH THIS SITE. IN NO EVENT SHALL ETON OR ITS AFFILIATES, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, REPRESENTATIVES, SERVICE PROVIDERS OR LICENSORS, OR THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, BE LIABLE FOR ANY DAMAGES OF ANY KIND OR NATURE (WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE), INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL (INCLUDING LOSS OF PROFITS), PUNITIVE OR OTHER DAMAGES, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE EXISTENCE, ACCESS OR USE OF THIS SITE OR THE EMAIL ALERT SERVICE, REGARDLESS OF WHETHER ETON OR ANY OF THE OTHER ENTITIES OR PERSONS LISTED ABOVE HAS BEEN ADVISED AS TO THE POSSIBILITY OF SUCH DAMAGES.
The Site and the Site are based in the United States. The United States and certain other jurisdictions control the export of products and information. You agree to comply with all such applicable restrictions and not to export or re-export the Content (including any software) to countries or persons prohibited under the United States or other applicable export control laws or regulations. If you access and download the Content (including any software), you represent that you are not in a country where such export is prohibited and are not a person or entity to which such export is prohibited. You are solely responsible for compliance with the laws of your local jurisdiction and any other applicable laws regarding the import, export, or re-export of the Content (including any software).
GOVERNING LAW; EXCLUSIVE JURISDICTION; LIMITATION ON CLAIMS
TO THE FULLEST EXTENT PERMITTED BY LAW, YOU HEREBY EXPRESSLY AGREE THAT ANY CLAIM, DISPUTE, CAUSE OF ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO YOUR USE OF THE SITE OR THE CONTENT SHALL BE INSTITUTED IN A STATE OR FEDERAL COURT SITTING IN THE STATE OF ILLINOIS, UNITED STATES OF AMERICA. YOU EXPRESSLY WAIVE AND AGREE NOT TO ASSERT ANY DEFENSE OR OBJECTION OF LACK OF PERSONAL JURISDICTION, IMPROPER VENUE OR FORUM NON CONVENIENS IN ANY SUCH CLAIM, DISPUTE OR PROCEEDING BROUGHT IN OR TRANSFERRED TO ANY SUCH COURT.
YOU MUST BRING ANY CLAIM, DEMAND, SUIT OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE OR THE CONTENT WITHIN ONE (1) YEAR AFTER SUCH CLAIM, DEMAND, SUIT OR CAUSE OF ACTION AROSE. ANY CLAIM, DEMAND, SUIT OR CAUSE OF ACTION THAT YOU DO NOT BRING WITHIN SUCH TIME PERIOD WILL BE DEEMED WAIVED AND WILL BE FOREVER BARRED.
(a) Requirement of Arbitration.
You agree that any dispute, of any nature whatsoever, between you and Site arising out of or relating to this Agreement, shall be decided by neutral, binding arbitration before a representative in Chicago, Illinois (unless you and Site mutually agree to a different arbitrator), who shall render an award in accordance with the substantive laws of Illinois. A final judgment or award by the arbitrator may then be duly entered and recorded by the prevailing party in the appropriate court as final judgement. The arbitrator shall award costs (including, without limitation, arbitration fees, and reasonable attorney’s fees) to the prevailing party.
(b) Remedies in Aid of Arbitration; Equitable Relief.
This agreement to arbitrate will not preclude you or Site from seeking provisional remedies in aid of arbitration, including without limitation orders to stay a court action, compel arbitration or confirm an arbitral award, from a court of competent jurisdiction. Furthermore, this agreement to arbitrate will not preclude you or Site from applying to a court of competent jurisdiction for a temporary restraining order, preliminary injunction, or other interim or conservatory relief, as necessary. THE PROPER VENUE FOR ANY ACTION PERMITTED UNDER THIS SUBSECTION REGARDING “EQUITABLE RELIEF” WILL BE THE FEDERAL AND STATE COURTS LOCATED IN ILLINOIS; THE PARTIES HEREBY WAIVE ANY OBJECTION TO THE VENUE AND PERSONAL JURISDICTION OF SUCH COURTS.
If Site, in Site’s discretion, takes legal action against you in connection with any actual or suspected breach of this Agreement, Site will be entitled to recover from you as part of such legal action, and you agree to pay, Site’s reasonable costs and attorneys’ fees incurred as a result of such legal action.