Effective Date: November 10th, 2016
The information contained in the Website is intended for lawful use under applicable U.S. laws and regulations. All information provided in the Websites is for general informational purposes only.
Before accessing and using the Website, please read these Terms carefully as they constitute a legal and binding agreement between OPKO and you.
BY ACCESSING AND USING THE WEBSITE, YOU ACKNOWLEDE AND ACCEPT THAT:
- YOU HAVE READ AND UNDERSTAND THESE TERMS;
- YOU WILL COMPLY WITH THE TERMS
- YOU ARE AT LEAST OF LEGAL AGE IN YOUR PLACE OF RESIDENCE AND OTHERWISE LEGALLY COMPETENT TO ENTER INTO CONTRACTS.
- IF YOU ARE USING THE WEBSITE ON BEHALF OF YOUR EMPLOYER, YOU REPRESENT AND WARRANT THAT YOU HAVE AUTHORITY TO ENTER INTO THIS AGREEMENT AND TO BIND YOUR EMPLOYER ACCORDINGLY
If you do not agree to any of these Terms, please do not use the Website and exit immediately.
1. EFFECTIVE DATE AND UPDATES
The effective date of these Terms is set forth at the top of this webpage. As we add new content, we may, from time to time, amend, expand or supplement these Terms. Any such changes to the Terms will be posted on this page, and we will revise the “Effective” date to reflect the date of the changes. Any continued use of the Website after the effective date constitutes your acceptance of the amended Terms which will supersede all previous versions of or agreements, notices, understandings or statements in connection with the Terms.
2. WEBSITE AVAILABILITY AND CONTENT
Access to the Website is permitted solely at OPKO’s discretion. OPKO reserves the right to withdraw, amend, or restrict access to the Website at any time without the need for notice. OPKO also reserves the right to alter or modify the contents of the Website at any time at its sole discretion. OPKO makes no representations or warranties of any kind or nature with respect to the information or content posted on the Website. You understand that while we strive to provide you with the most up-to-date information about our products we do not warrant the accuracy, effectiveness, and suitability of any information contained in the Website and, therefore, you assume full responsibility and all risks arising from your use of the Website or its contents.
3. COMPLIANCE WITH LAW
You shall not use and/or access the Website and/or the information contained herein in any manner that will violate any applicable local, national, international or foreign law, including, but not limited to, any regulations having the force of law. Some jurisdictions may have restrictions on the use of the Internet by their residents. You agree not to impersonate another person in your use of the Website or the sending of any e-mail to an address listed on the Website. You may not use the Website in any manner which could damage, disable, overburden or impair the Website, interfere with any other party’s use and enjoyment of the Website, or compromise the integrity of, or otherwise modify, any information contained in 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 “OPKO IP”) is owned by OPKO or its licensors and protected under both United States and applicable foreign copyright, trademark and other laws.
Nothing contained herein should be construed or interpreted as granting, by implication, estoppel, or otherwise, any license or right in and to any OPKO IP, or to OPKO’s patents, trade secrets or confidential information. Accordingly, except with OPKO’s prior and written consent, you may not:
- incorporate any OPKO IP into any other work (such as your own website) or use any OPKO IP, in whole or in part, 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 OPKO IP; or
- provide a link to any page other than the home page of the Website.
5. THE CONTENTS OF THE WEBSITE ARE NOT TO BE CONSTRUED AS MEDICAL OR PROFESSIONAL ADVICE.
All information contained in the Website, including all medically-related information, is for informational purposes only and, therefore, is not a substitute for professional medical advice or judgment. OPKO 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. Therefore, you must use your own independent professional judgment in treating and caring for patients under your care.
6. DISCLAIMER OF WARRANTIES & LIMITATIONS OF LIABILITY
OPKO DOES NOT MAKE ANY REPRESENTATION OR WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED IN CONNECTION WITH THIS WEBSITE OR ITS CONTENTS. OPKO 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. OPKO does not warrant (i) that the Website or the information contained herein meets or will meet your requirements or expectations, or (ii) that the Website will be continuously online or otherwise available to be accessed electronically or (iii) that the Website or its contents are or will be virus or error-free, or immune from attacks by hackers or other unauthorized third parties. Consequently, you acknowledge that your use or access of the website is at your own risk.
OPKO SPECIFICALLY DISCLAIMS ANY LIABILITY, WHETHER BASED IN CONTRACT, TORT, 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 OPKO 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 WEBSITE OR THAT ARISES IN CONNECTION WITH MISTAKES OR OMISSIONS IN, OR DELAYS IN TRANSMISSION OF INFORMATION, INTERRUPTIONS IN TELECOMMUNICATIONS CONNECTIONS TO THE SERVICES OR VIRUSES, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, WAR, TERRORISM, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO THE WEBSITE.
SHOULD THE DISCLAIMERS OF WARRANTIES OR LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION BE INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN OPKO'S MAXIMUM LIABILITY FOR ANY TYPE OF DAMAGES HEREUNDER SHALL BE LIMITED TO $500.
YOU ACKNOWLEDGE AND AGREE THAT THE ABOVE LIMITATIONS OF LIABILITY, TOGETHER WITH THE OTHER PROVISIONS IN THESE TERMS THAT LIMIT LIABILITY, ARE ESSENTIAL TO THIS AGREEMENT AND THAT OPKO WOULD NOT GRANT YOU THE RIGHTS SET FORTH IN THESE TERMS BUT FOR YOUR AGREEMENT TO THE ABOVE LIMITATIONS OF LIABILITY.
IF YOU ARE A CALIFORNIA RESIDENT, YOU EXPRESSLY AND UNEQUIVOCALLY WAIVE YOUR RIGHTS WITH RESPECT TO SECTION 1542 OF THE CALIFORNIA CIVIL CODE, WHICH STATES THAT "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
You agree to indemnify, defend and hold harmless OPKO, its affiliates, and their respective officers, directors, employees, and agents against all liability, obligations, claims, loss and expense arising out of or are related to your violation of these Terms or your use of the Website. OPKO reserves the right to assume the exclusive defense and control of any matter subject to indemnification hereunder at its own expense.
8. THIRD-PARTY SITES & SERVICES
The Website may contain links to third-party websites and information, including social media (collectively, "Linked Media") which are not sponsored or under the control of OPKO. OPKO does not endorse any Linked Media and, accordingly, it assumes no responsibility and makes no representation whatsoever over Linked Media or for any information or materials on or any form of transmission received from Linked Media. Your access of Linked Media is at your own risk and subject to the relevant terms, conditions of use and laws that apply to the Linked Media which you should locate and review carefully prior to using or relying in any Linked Media.
9. DISPUTE RESOLUTION
The laws of the State of Florida govern these Terms, without reference to its choice of law rules. Any and all claims arising hereunder or in connection with your use of the Website shall be exclusively and finally settled by the competent courts sitting in County of Miami-Dade or the United States District Court for the Southern District of Florida, as applicable. Each party hereby waives any objection it may now or thereafter have to the jurisdiction, venue or convenience of the State of Florida or Federal courts (including without limitation a motion to change venue.) YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT BY THIS PROVISION YOU ARE WAIVING AND RELINQUISHING YOUR RIGHT TO A JURY TRIAL IN ANY AND ALL DISPUTES BETWEEN YOU AND OPKO RELATING TO OR ARISING OUT OF THIS AGREEMENT.
10. GEOGRAPHIC RESTRICTION, DATA PRIVACY AND PROTECTION
Access to this Website is provided exclusively to health care professionals located in the United States of America. Any access from outside of the United States of America is subject to your compliance with (i) local laws and restrictions and (ii) any applicable U.S. law.
Without limiting the foregoing in any way, you understand and acknowledge that OPKO does not and cannot guarantee that your access and/or the information provided by you through the Website will be private or secure. Consequently, you are responsible for your own IT precautions and security measures and OPKO is not and will not be responsible or liable for any lack of privacy or security in connection with your access or use of the Website. OPKO reserves the right to disclose any information as OPKO deems necessary to satisfy any applicable law, regulation, judicial or governmental request.
You agree that you will not upload, transmit, disclose or otherwise share through the Website any protected health information from any of patient under your care without first obtaining your patient’s informed written consent and complying with the terms and safeguards contained in the Health Insurance Portability and Accountability Act (HIPAA) and its implementing regulations, as they may be amended from time to time.
These Terms and your right to access the Website shall automatically terminate in the event of your breach of any term or condition set forth herein. As set forth in Section 2 of these Terms, OPKO may terminate or modify your access to the Website, with or without notice to you, at any time and for any reason.
12. UNSOLICITED INFORMATION, IDEAS OR CONCEPTS
No confidential relationship shall be established in the event that you or any user of the Website should make any oral, written or electronic response to OPKO (such as feedback, questions, comments, suggestions, ideas, etc.). Any information, ideas or concepts provided by you to any OPKO Website or otherwise to OPKO by electronic mail is provided on a non-confidential basis. OPKO shall be entitled to reproduce, publish or otherwise use such information, ideas or concepts in any way, for any purpose and without any compensation.