Terms of Use Agreement
Last updated: June 18, 2018

Introduction

Welcome to ERApeutics, LLC. This Terms of Use Agreement (“Agreement”) sets forth the agreement between ERApeutics, LLC, its parent, subsidiaries and other affiliated companies (collectively, “ERApeutics” or “we”) and each user (“you” or “user”) governing the use by you of our website (www.ERApeutics.com), mobile site and all mobile apps (collectively the “Sites”). Please read this Agreement carefully before using any of the Sites. By using any of the Sites, you agree to be bound by the terms and conditions contained in this Agreement. If you do not agree to the terms and conditions contained in this Agreement, you may not access or otherwise use any of the Sites.

The terms of this Agreement may change from time to time. We will notify you of any material changes by posting a notice on www.ERApeutics.com for a reasonable period of time after such changes are made, and by changing the “Last Updated” date at the top of this webpage. We encourage you to check this page periodically for any changes. Your continued use of any of the Sites following the posting of changes to this Agreement will mean you accept those changes.

In addition, when using particular services or features or making purchases on any of the Sites, you shall be subject to any posted guidelines or policies applicable to such services, features or purchases that may be posted from time to time. All such guidelines or policies are hereby incorporated by reference into this Agreement.

Not Medical Advice

The Products and the claims made about specific Products on or through the Site have not been evaluated by the United States Food and Drug Administration and are not intended to diagnose, treat, cure or prevent disease. The information provided on this Site is for informational purposes only and is not intended as a substitute for advice from your physician or other health care professional or any information contained on or in any Product label or packaging. You should not use the information on this site for diagnosis or treatment of any health problem or for prescription of any medication or other treatment. You should consult with a healthcare professional, and carefully read all information provided on or in any Product label or packaging, before using any medication or nutritional, herbal or homeopathic Product (including regarding any interactions between any medication you are currently taking and such Products), before starting any diet or exercise program or before adopting any treatment for a health problem, or if you have or suspect you might have a health problem.

None of the Sites are intended to provide medical advice, diagnosis or treatment. The Products, information, services and other content provided on and through any of the Sites, including information that may be provided on any of the Sites directly or via linking to third-party sites by a healthcare or nutrition professional, are provided for informational purposes only. Please consult with your physician or other healthcare professional regarding any medical or health-related diagnosis or treatment options. The information provided on any of the Sites and Linked Sites (defined below), including information relating to medical and health conditions, Products and treatments, is often provided in summary or aggregate form. Again, it is not intended as a substitute for advice from your healthcare professional, or any information contained on or in any Product label or packaging.

Eligibility

You may use our Sites, establish an Account (defined below) or order Products only if you are 18 years or older and capable of forming a binding contract with ERApeutics and are not otherwise barred under applicable law.

Registration and Your Information

If you want to use certain features of the Sites, you will have to create an account (“Account”). You must create an Account to be able to order Products or make purchases through the Services.

It is important that you provide us with accurate, complete and up-to-date information for your Account and you agree to update such information to keep it accurate, complete and up-to-date. Failure to keep your Account current may result in the suspension or termination of your Account. You agree not to disclose your Account password to anyone and that you will notify us immediately of any unauthorized use of your Account. You are responsible for all activities that occur with respect to your Account, whether or not you know about them.

Site Usage

You agree to use the Sites only for lawful purposes, and that you are responsible for your use of and communications on any of the Sites. You agree not to post on or transmit through any of the Sites any unlawful, infringing, threatening, harassing, defamatory, vulgar, obscene, profane, indecent, offensive, hateful or otherwise objectionable material of any kind, including any material that encourages criminal conduct or conduct that would give rise to civil liability, infringes others’ intellectual property rights or otherwise violates any applicable local, state, national or international law. You agree not to use any of the Sites in any manner that interferes with its normal operation or with any other user’s use and enjoyment of any of the Sites.

You further agree that you will not access any of the Sites by any means except through the interface provided by ERApeutics for access to any of the Sites. Creating or maintaining any link from another website to any page on any of the Sites without the prior written authorization of ERApeutics is prohibited. Running or displaying any of the Sites or any information or material displayed on any of the Sites in frames or through similar means on another website without the prior written authorization of ERApeutics is prohibited. Any permitted links to any of the Sites must comply with all applicable laws, rule and regulations.

ERApeutics makes no representation that materials contained on any of the Sites or Products described or offered on any of the Sites are appropriate or available for use in jurisdictions outside the United States, or that this Agreement complies with the laws of any other country. Visitors who use any of the Sites and reside outside the United States do so on their own initiative and are responsible for compliance with all laws, if and to the extent local laws are applicable. You agree that you will not access any of the Sites from any territory where its contents are illegal, and that you, and not ERApeutics, are responsible for compliance with applicable local laws.

Product Descriptions and Availability

The Site contains descriptions of dietary supplements and vitamins. We attempt to be as accurate as possible with the descriptions of the supplements and/or vitamins that are made available to you through the Services (collectively, the “Products”). However, we make no warranties that the Product descriptions and any other content are accurate, complete, reliable, current, or error-free. Also, we cannot guarantee that the Products will look the same on your computer as they do in person.  If a Product offered by us is not as described, your sole remedy is to return it in unused condition. We reserve the right, at any time, to modify, suspend, or discontinue the sale of any Product with or without notice and we will not incur any obligation as a result of such change.

Products for Personal Use Only

The Products available on the Sites, and any samples that we may provide to you, are for personal use only. You may not sell or resell any of the Products or samples that you purchase or otherwise receive from us. We reserve the right, with or without notice, to cancel or reduce the quantity of any order to be filled or Products to be provided to you that we believe, in our sole discretion, may result in the violation of these Terms.

Payment and Order Terms

Purchases made on any of the Sites are subject to the terms of the following Purchase Policy. All Products purchased on the Sites are intended for personal non-commercial use only and may not be re-sold or exported.

Payment Methods and Billing

If you wish to purchase Products on any of the Sites, payment may be made by credit card, debit card or any other such method as we may introduce on the Sites in our exclusive discretion. We reserve the right to accept or refuse any payment made in any form. To purchase Products on the Sites, you must provide valid credit or debit card information on the Site’s order form. This information includes, but is not limited to, your credit card number, the expiration date of your credit card, the CVV information, your billing address and the name as it appears on the card. We currently accept the following credit or debit cards: VISA, MASTERCARD, AMERICAN EXPRESS and DISCOVER, which is subject to change in our exclusive discretion. By submitting such credit or debit card information, you give us permission to charge your purchases to the card that you designate on the order form. You represent and warrant that you have the legal right to use any credit card(s) or other payment method(s) submitted on the Sites in connection with any purchase of Products, that the charges incurred by you on the Sites will be honored by your credit card company, you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on the Sites at the time of your order, and that the information you supply to us is true, correct and complete. We reserve the right to cancel any order at any time and for any reason. If your credit or debit card has already been charged and your order is cancelled, you shall receive a credit to your card account in the amount of the charge. We will not be responsible (i) for any charges that your card issuer may apply to you as a result of our processing your order, (ii) if your card issuer refuses or fails to authorize payment by you, or (iii) for any delays or non-delivery of Products that may arise due to any validation checks that may be carried out regarding your payment or identification. We may employ the use of third party services for the purpose of facilitating payment and the completion of purchases of Products on the Sites. By submitting the aforementioned information, you grant us the right to provide the information to these third parties, subject to the terms of our Privacy Policy. We reserve the right to refuse or cancel your order of Products if fraud or an unauthorized or illegal transaction is suspected.

Order Acceptance

Please note that there may be certain orders that we are unable to accept and must cancel. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. Your credit card or other approved method of payment will not be charged until your payment method is authorized, the order information is verified for accuracy and your order is shipped.

Some situations that may result in your order being cancelled include limitations on quantities available for purchase; inaccuracies or errors in Product or pricing information; Product or ingredient restrictions mandated by local, state, national or international regulations; or problems identified by our credit and fraud avoidance group. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is canceled or if additional information is required to accept your order. If your order is canceled after your credit or debit card has been charged, we will issue a credit to your card in the amount of the charge.

Order Returns

You may return any unopened, untampered with Products purchased from any of the Sites within 30 days of delivery. When accompanied by a packing slip, you will receive a refund in the original form of payment. Without a packing slip, we will not be able to refund your payment. ERApeutics reserves the right, at its sole discretion, to reject any return that does not comply with these requirements or in cases where it suspects abuse. For more information, see our Return Policy FAQ.

Shipping and Handling; International Orders

We do not currently ship internationally.

With respect to shipments of Products to consumers, wherever they may reside, title to Products will be shipped FOB our plant and all risk of loss shall pass to you immediately upon our delivery of the Products to the common carrier. You are solely responsible for providing us with accurate shipping information and a valid phone number or email address. In the event that any Product is returned to us as a result of your failure to provide us with accurate shipping information, you shall be responsible for any additional shipping fees or other charges that may be applied to the return of the Product to us or in re-sending the Product to you.

Please note that refunds will not be issued for any order that is refused or abandoned by the intended recipient, orders that cannot be delivered due to an address error, or orders seized by Customs.

We will arrange for shipment of the Products to you. You will pay all shipping and handling charges specified during the ordering process. Shipping and handling charges are reimbursement for the costs we incur in the processing, handling, packaging, shipping and delivery of your Products.

Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.

Pricing or Typographical Errors

We work hard to provide accurate Product and pricing information. However, pricing or typographical errors may occur. In the event that an item is listed at an incorrect price or with incorrect information due to an error in pricing or Product information, ERApeutics has the right, at our sole discretion, to refuse or cancel any orders placed for that item. If an item is incorrectly priced, we will either contact you for instructions or cancel your order and notify you of such cancellation. Prices and availability are subject to change without notice.

Quantity Limits and Items for Resale

We reserve the right to limit the quantity of items purchased per person, per household or per order. These restrictions may be applicable to orders placed by the same account, the same credit card, and also to orders that use the same billing and/or shipping address. We will provide notification to the customer e-mail and/or billing address provided should such limits be applied. Sales to dealers are prohibited.

Additional Terms

Additional terms relating to certain Products (such as prices, methods of payment, our policies with respect to returns, refunds and cancellations and/or exchanges) will be posted on any of the Sites’ on the pages describing the Products.

SMS Terms of Use

Savings Alerts

ERApeutics offers a mobile text messaging program providing special marketing promotions and exclusive offers. When you enroll, you authorize automated marketing messages be sent to you, and understand that your consent is required for you to make any purchases. By your use of this service, you certify that you are the account holder or you have the account holder’s permission to enroll. Savings Alerts are recurring and you may receive up to 3 messages per week. ERApeutics does not charge for this service; however, wireless carrier message & data rates may apply. You may opt out at any time by texting STOP to _____.  For help, text HELP to ______or call (___)-___-____. Wireless carriers are not liable for delayed or undelivered messages. Savings Alerts may not be compatible with all cell phone models.

Limit one coupon per customer, excluding the cost of shipping, handling and tax. Offer is exclusive to you only and limited to one time use by the recipient of the SMS message. Coupon has no cash value and cannot be combined with any other offers or coupons or be applied to gift card purchases. Offer not valid on prior purchases.

Easy Reorder Alerts

By enrolling in ERApeutics Easy Reorder alerts, you authorize us to send automated marketing messages to you. By your use of this service, you certify that you are the account holder or you have the account holder’s permission to enroll into the Easy Reorder program and make transactions through text alerts. Receiving Easy Reorder text notifications does not mean you will be required to make any purchases. Easy Reorder Alerts are recurring. ERApeutics does not charge for this service; however, wireless carrier message & data rates may apply. You may opt out at any time by texting STOP to _____. For help, text HELP to _____or call (___)-___-____. Wireless carriers are not liable for delayed or undelivered messages. Easy Reorder Alerts may not be compatible with all cell phone models.

Feedback

We welcome feedback, comments and suggestions for improvements to the services we provide on the Sites (“Feedback”). You can submit Feedback by emailing us at [email protected] You grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, transferable license, with the right to grant sublicenses, under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.

Privacy Policy

Use of any of the Sites is subject to the terms of our Privacy Policy, which is hereby incorporated into and made part of this Agreement. Please carefully review our Privacy Policy. By using any of the Sites, you agree to be bound by the terms of our Privacy Policy. We reserve the right, and you authorize us, to use information regarding your use of any of the Sites, account registration and any other personal information provided by you in accordance with our Privacy Policy.

Copyright; Trademarks

You acknowledge that all materials on any of the Sites, including any of the Sites’ design, graphics, text, sounds, pictures, software and other files and the selection and arrangement thereof (collectively, “Materials”), are the property of ERApeutics or its licensors, and are subject to and protected by United States and international copyright and other intellectual property laws and rights. All rights to Materials not expressly granted in this Agreement are reserved to their respective copyright owners. Except as expressly authorized by this Agreement or on any of the Sites, you may not copy, reproduce, distribute, republish, download, perform, display, post, transmit, exploit, create derivative works or otherwise use any of the Materials in any form or by any means, without the prior written authorization of ERApeutics or the respective copyright owner. ERApeutics authorizes you to view and download the Materials only for personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices contained in the original Materials. You may not modify or adapt the Materials in any way or otherwise use them for any public or commercial purposes. The trademarks, service marks, trade names, trade dress and logos (collectively, “Marks”) contained or described on any of the Sites are the sole property of ERApeutics and/or its suppliers or licensors and may not be copied, imitated or otherwise used, in whole or in part, without the prior written authorization of ERApeutics and/or its suppliers or licensors. In addition, all page headers, custom graphics, button icons and scripts are Marks of ERApeutics and may not be copied, imitated or otherwise used, in whole or in part, without the prior written authorization of ERApeutics. ERApeutics will enforce its intellectual property rights to the fullest extent of the law.

User Content and Conduct

Where applicable at any of the Sites, you are invited to post your own content (“User Content”). Please note that the Sites are intended for adult use; if you are under the age of 18, do not submit any User Content to any of the Sites.

You understand that all User Content, whether you have publicly posted on a forum or privately transmitted to another user or to us, is your sole responsibility. Though the Sites are designed to be a safe place to share such User Content, we cannot guarantee that other users will not misuse the User Content that you share. If you have any User Content that you would like to keep confidential and/or do not want others to use, do not post it to any of the Sites.

Content and Content Rights

For purposes of these Terms: (i) “Content” means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the services provided on our Sites; and (ii) “User Content” means any Content that Account holders (including you) provide to be made available through the services provided on our Sites. Content includes without limitation User Content.

Content Ownership, Responsibility and Removal

ERApeutics does not claim any ownership rights in any User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit your User Content. Subject to the foregoing, ERApeutics and its licensors exclusively own all right, title and interest in and to the services provided on our Sites and Content, including all associated intellectual property rights. You acknowledge that the services provided on our Sites and Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the services provided on our Sites or Content.

Rights in User Content Granted by You

By making any User Content available through services provided on our Sites, you hereby grant to ERApeutics a non-exclusive, transferable, sublicensable, worldwide, perpetual, irrevocable, royalty-free license to use, copy, modify, create derivative works based upon, distribute, publicly display, publicly perform and distribute your User Content in connection with operating and providing the services provided on our Sites and Content to you and to other Account holders. The foregoing grant includes, without limitation, any copyrights and other intellectual property rights in and to your User Content. ERApeutics shall be entitled to unrestricted use of any User Content it may receive from you at or through any of the Sites, for any purpose whatsoever, commercial or otherwise, without compensation to you as provider of the User Content.

You are solely responsible for all your User Content. You represent and warrant that you own all your User Content or you have all rights that are necessary to grant us the license rights in your User Content under these Terms. You also represent and warrant that neither your User Content, nor your use and provision of your User Content, nor any use of your User Content by ERApeutics on or through the services provided on our Sites will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

You can remove your User Content contained in your Account by specifically deleting it. However, in certain instances some of your User Content (such as posts or comments you make) may not be completely removed and copies of your User Content may continue to exist on the services provided on our Sites. We are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content.

If you post any User Content on our Sites, you agree that you will not use any of the Sites to:

  • upload, post, email or otherwise transmit any User Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
  • harm minors in any way;
  • impersonate any person or entity, including, but not limited to a representative of ERApeutics, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  • forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Content transmitted through any of the Sites;
  • upload, post, email or otherwise transmit any User Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
  • upload, post, email or otherwise transmit any User Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights (“Rights”) of any party;
  • upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes”, or any other form of solicitation, except in those areas that are designated for such purpose;
  • upload, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, emulate, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  • disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users of the Site are able to type, or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges;
  • interfere with or disrupt any of the Sites or servers or networks connected to any of the Sites, or disobey any requirements, procedures, policies or regulations of networks connected to any of the Sites;
  • “stalk” or otherwise harass another;
  • collect or store personal data about other users of any of the Sites; or
  • gain access to unauthorized areas of any of the Sites or our network or servers.

We will terminate the account and/or block users who repeatedly violate the intellectual property rights of any other person on any of the Sites.

You understand that by using any of the Sites, you may be exposed to User Content created by others that is offensive, indecent or objectionable. ERApeutics does not endorse or have control over the User Content. User Content is not reviewed by ERApeutics prior to posting and does not reflect the opinions or policies of ERApeutics. ERApeutics makes no representations or warranties, express or implied as to the User Content or the accuracy and reliability of the User Content or any other material or information that you may access through any of the Sites. ERApeutics assumes no responsibility for monitoring any of the Sites for inappropriate submissions or conduct. If at any time ERApeutics chooses, in its sole discretion, to monitor any of the Sites, ERApeutics nonetheless assumes no responsibility for the User Content, has no obligation to modify or remove any inappropriate User Content, and has no responsibility for the conduct of any of the Sites’ users submitting any such User Content. Notwithstanding the foregoing, ERApeutics and its designees shall have the right to remove any User Content that violates this Agreement or is otherwise objectionable, in ERApeutics’ sole discretion. You agree that you must evaluate, and bear all risks associated with, the use of any User Content, including any reliance on the accuracy, completeness, or usefulness of such User Content. In this regard, you acknowledge that you may not rely on any User Content.

You are solely responsible for your interactions with other users of any of the Sites. ERApeutics reserves the right, but has no obligation, to monitor disputes between you and other users and to terminate your access to any of the Sites, in its sole discretion.

Rights in Content Granted by ERApeutics

Subject to your compliance with these Terms, ERApeutics grants you a limited, non-exclusive, non-transferable, non-sublicensable license to view, display and print the Content solely in connection with your permitted use of the services provided by the Sites and solely for your personal and non-commercial purposes.

Policy

We respect the intellectual property rights of others and require that users of any of the Sites do the same. If you believe that your proprietary work has been copied in a way that constitutes copyright infringement, please forward the following information to ERApeutics’ Copyright Agent, designated as such pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(2), named below:

  1. A physical signature of the person authorized to act on behalf of the owner of the copyright;
  2. A description of the copyrighted work that you claim has been infringed;
  3. A description of where the material that you claim is infringing is located on the services provided on the Sites;
  4. Your address, telephone number and email address;
  5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and
  6. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Copyright Agent:

ERApeutics, LLC
501 N. Park Road
Wyomissing, PA 19610
Attn: Copyright Agent

Links; Third-Party Websites

Links on any of the Sites to third party websites (“Linked Sites”) are provided only as a convenience to you. If you use these links, you will leave the Sites. ERApeutics does not control or endorse any such third-party websites. You agree that ERApeutics will not be responsible or liable for any content, goods or services provided on or through these outside websites or for your use or inability to use such websites. You will use these links at your own risk.

Without limiting the foregoing, your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the use of any of the Sites, including payment for and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser.

Promotions and Promotion Codes

From time to time, ERApeutics may offer promotions and/or discounts with respect to the Products (“Promotions”).  Promotions may be accessed through the use of specially designated promotion codes (“Promotion Codes”).

  1. No fees are imposed on Promotions, although sales tax and shipping charges are applicable to any items purchased with a Promotion Code.
  2. Promotions may have an expiration date, as indicated at the time of announcement of the Promotion. Promotions are not gift cards.
  3. Promotion Codes can only be redeemed on the Sites toward a new purchase of Products available thereon. For purposes of this provision, renewal of existing subscriptions or upgrading to a longer subscription plan shall count as a new purchase. Promotion Codes cannot be applied to any orders previously placed or be used toward the purchase of gift cards.  Promotion Codes cannot be used in conjunction with any other Promotion Codes or discounts.
  4. Only one promotional discount can be used per order.
  5. Promotion Codes are non-transferable, may not be sold and may not be returned or redeemed for cash (except as required by law).
  6. If your order total is less than the value of the Promotion, the remaining Promotion balance will continue to be available and can be redeemed against subsequent orders and renewals. If a credit remains after purchase of a subscription, the credit will be automatically redeemed with the next subscription renewal. You may check your credit balance on the Sites or by calling customer assistance at (800) 216-7681.
  7. To use a Promotion Code, you must enter the Promotion Code when prompted during checkout. Additional restrictions may apply, as indicated at the time of announcement of the Promotion.
  8. All remaining balances exceeding the value of any Promotion must be paid by another acceptable form of payment (e.g., credit card or debit card).
  9. Delivery of an electronic Promotion Code to an incorrect or non-existent email address is the sole responsibility of the purchaser.
  10. We reserve the right, in our sole discretion, to refuse, modify, cancel or hold for review any Promotion and orders for suspected fraud or for violations of the Promotion’s policies, in whole or in part for any reason or no reason to the extent permitted by law. We may amend, suspend or terminate a Promotion at any time.

General Prohibitions and ERApeutics’ Enforcement Rights

You agree not to do any of the following:

  • Use the services we provide on the Sites in any way, or upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances.
  • Use, display, mirror or frame the services we provide on the Sites, or any individual element within the services we provide on the Sites, ERApeutics’ name, any ERApeutics trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without ERApeutics’ express written consent;
  • Access, tamper with, or use non-public areas of the Sites, our computer systems, or the technical delivery systems of our providers;
  • Attempt to probe, scan, or test the vulnerability of any ERApeutics system or network or breach any security or authentication measures;
  • Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by ERApeutics or any of ERApeutics’ providers or any other third party (including another user) to protect the services provided on our Sites or Content;
  • Attempt to access or search the services provided on our Sites or Content or download Content from the services provided on our Sites through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by ERApeutics or other generally available third-party web browsers;
  • Use any meta tags or other hidden text or metadata utilizing a ERApeutics trademark, logo, URL or Product name without ERApeutics’ express written consent;
  • Use the services provided on our Sites or Content for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms of Use;
  • Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the services provided on our Sites or Content;
  • Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the services provided on our Sites;
  • Collect or store any personally identifiable information from the services provided on our Sites from other users of the services provided on our Sites without their express permission;
  • Impersonate or misrepresent your affiliation with any person or entity;
  • Violate any applicable law or regulation; or
  • Encourage or enable any other individual to do any of the foregoing.

Although we are not obligated to monitor access to or use of the Services or Content or to review or edit any Content, we reserve the right to do so for the purpose of offering the services provided on our Sites, to ensure compliance with these Terms of Use, or to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any Content to be objectionable or in violation of these Terms of Use. We reserve the right to investigate violations of these Terms of Use or conduct that affects the services provided by our Sites. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.

Links to Third Party Websites or Resources

The services provided on our Sites may contain links to Linked Sites or resources. We provide these links only as a convenience and are not responsible for the content, Products or services on or available from those websites or resources or links displayed on such sites. You acknowledge sole responsibility for, and assume all risk arising from, your use of any Linked Sites or resources.

Termination

We may terminate your access to and use of the services provided on our Sites, at our sole discretion, at any time and without notice to you. You may cancel your Account at any time by sending an email to us at [email protected] or by calling our toll-free number, (800) 216-7681. Please note that cancelling your Account will not affect your current subscription, as subscriptions are pre-paid. Upon any termination, discontinuation or cancellation of the services provided on our Sites or your Account, all provisions of these Terms which by their nature should survive will survive, including, without limitation, the provisions entitled “Introduction,” “Payment and Order Terms,” “Feedback,” “User Content and Conduct,” “General Prohibitions and ERApeutics’ Enforcement Rights,” “Links to Third Party Websites or Resources,” “Termination,” “Warranty Disclaimers,” “Indemnity,” “Limitation of Liability,” “Dispute Resolution” and “General Terms.”

Warranty Disclaimers

The services provided on our Sites and Content are provided “AS IS,” without warranty of any kind. Without limiting the foregoing, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the services provided on our Sites will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any Content.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE EXPLICITLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE PRODUCTS OFFERED FOR SALE ON THE SITES, EXCEPT SOLELY AS SET FORTH IN OUR RETURN POLICY FAQ. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF CERTAIN IMPLIED WARRANTIES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

THIS “WARRANTY DISCLAIMERS” SECTION IS INTENDED TO BE ONLY AS BROAD AND INCLUSIVE AS IS PERMITTED UNDER THE LAWS OF PENNSYLVANIA OR THE LAWS OF ANY OTHER JURISDICTION TO THE EXTENT APPLICABLE. IF ANY PORTION OF THIS SECTION IS HELD TO BE INVALID, THE INVALIDITY OF SUCH PORTION SHALL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THIS SECTION.

Indemnity

You agree to indemnify and hold harmless ERApeutics and its officers, directors, members, employees and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your access to or use of the services provided on our Sites or Content; (ii) your User Content; or (iii) your violation of these Terms.

YOUR OBLIGATIONS UNDER THIS “INDEMNITY” SECTION ARE INTENDED TO BE ONLY AS BROAD AND INCLUSIVE AS IS PERMITTED UNDER THE LAWS OF PENNSYLVANIA OR THE LAWS OF ANY OTHER JURISDICTION TO THE EXTENT APPLICABLE. IF ANY PORTION OF THIS SECTION IS HELD TO BE INVALID, THE INVALIDITY OF SUCH PORTION SHALL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THIS SECTION.

Limitation of Liability

The Services & Content

NEITHER ERAPEUTICS NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES PROVIDED ON THE SITES OR CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE OR FROM THE USE OF OR INABILITY TO USE THE SERVICES PROVIDED ON THE SITES OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ERAPEUTICS HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

IN NO EVENT WILL ERAPEUTICS’ TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE OR FROM THE USE OF OR INABILITY TO USE THE SERVICES PROVIDED ON THE SITES OR CONTENT EXCEED THE AMOUNTS YOU HAVE PAID TO ERAPEUTICS FOR USE OF THE SERVICES PROVIDED ON THE SITES OR CONTENT OR ONE HUNDRED DOLLARS ($100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO ERAPEUTICS, AS APPLICABLE.

ERApeutics Products

ERAPEUTICS EXPRESSLY DISCLAIMS ALL LIABILITY FOR CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION AND NON-COMPLIANCE WITH ANY PRINTED DIRECTIONS.

TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL ERAPEUTICS BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF OR RELATED TO ERAPEUTICS’ PRODUCTS, EVEN IF ERAPEUTICS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL ERAPEUTICS’ LIABILITY EXCEED THE AMOUNT PAID BY YOU FOR THE PRODUCT UPON WHICH A CLAIM IS BASED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

General

THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN ERAPEUTICS AND YOU.

THIS “LIMITATION OF LIABILITY” SECTION IS INTENDED TO BE ONLY AS BROAD AND INCLUSIVE AS IS PERMITTED UNDER THE LAWS OF PENNSYLVANIA OR THE LAWS OF ANY OTHER JURISDICTION TO THE EXTENT APPLICABLE. IF ANY PORTION OF THIS SECTION IS HELD TO BE INVALID, THE INVALIDITY OF SUCH PORTION SHALL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THIS SECTION.

Dispute Resolution

Governing Law

These Terms of Use and any action related thereto will be governed by the laws of the Commonwealth of Pennsylvania without regard to its conflict of laws provisions.

Agreement to Arbitrate

You and ERApeutics agree that any dispute, claim or controversy arising out of or relating to these Terms of Use or the breach, termination, enforcement, interpretation or validity thereof or the use of the services provided on the Sites or Content (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains the right: (i) to bring an individual action in small claims court and (ii) to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights (the action described in the foregoing clause (ii), an “IP Protection Action”). The exclusive jurisdiction and venue of any Dispute or IP Protection Action will be the applicable state or federal courts located in Lancaster County, Pennsylvania or the Middle District of Pennsylvania and each of the parties hereto waives any objection to jurisdiction and venue in such courts. YOU ACKNOWLEDGE AND AGREE THAT YOU AND ERAPEUTICS ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. FURTHER, UNLESS BOTH YOU AND ERAPEUTICS OTHERWISE AGREE IN WRITING, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF ANY CLASS OR REPRESENTATIVE PROCEEDING. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Terms.

Arbitration Rules

The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section.

Arbitration Process

A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration at http://www.adr.org/aaa/ShowPDF?doc=ADRSTG_004175 and a separate form for California residents at http://www.adr.org/aaa/ShowPDF?doc=ADRSTG_015822) The arbitrator will be either a retired judge or an attorney licensed to practice law and will be selected by the parties from the AAA’s roster of arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.

Arbitration Location and Procedure

Unless you and ERApeutics otherwise agree, the arbitration will be conducted in Lancaster County, Pennsylvania. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of the documents that you and ERApeutics submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.

Arbitrator’s Decision

The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award of damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. The prevailing party, as determined by the arbitrator, will be entitled to an award of reasonable attorneys’ fees and expenses, to the extent provided under applicable law.

Fees

Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules.

Changes

Notwithstanding the provisions of the “Changes to Terms or Services” section above, if ERApeutics changes this “Dispute Resolution” section after the date you first accepted these Terms of Use (or accepted any subsequent changes to these Terms of Use), you may reject any such change by sending us written notice (including by email to [email protected]) within 30 days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of ERApeutics’ email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and ERApeutics in accordance with the provisions of this “Dispute Resolution” section as of the date you first accepted these Terms of Use (or accepted any subsequent changes to these Terms).

General Terms

These Terms of Use constitute the entire and exclusive understanding and agreement between ERApeutics and you regarding the services provided on the Sites and Content, and these Terms of Use supersede and replace any and all prior oral or written understandings or agreements between ERApeutics and you regarding the services provided on the Sites and Content. If for any reason a court of competent jurisdiction finds any provision of these Terms of Use invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.

You may not assign or transfer these Terms of Use, by operation of law or otherwise, without ERApeutics’ prior written consent. Any attempt by you to assign or transfer these Terms of Use, without such consent, will be null and of no effect. ERApeutics may freely assign or transfer these Terms of Use without restriction. Subject to the foregoing, these Terms of Use will bind and inure to the benefit of the parties, their successors and permitted assigns.

Any notices or other communications provided by ERApeutics under these Terms of Use, including those regarding modifications to these Terms of Use, will be given by ERApeutics: (i) via email to the email address you provide us via the services provided on the Sites; or (ii) by posting to the Sites. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.

ERApeutics’ failure to enforce any right or provision of these Terms of Use will not be considered a waiver of those rights. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of ERApeutics. Except as expressly set forth in these Terms of Use, the exercise by either party of any of its remedies under these Terms of Use will be without prejudice to its other remedies under these Terms of Use or otherwise.

Contact Information

If you have any questions about these Terms of Use or the services provided by the Sites, please contact ERApeutics at [email protected],  (800) 216-7681.

© 2018 ERApeutics, LLC. All rights reserved.