Terms of Use for www.acutallc.com

Welcome to the ACUTA, LLC., web site (the “Web Site”). The Web Site is owned and operated by ACUTA LLC. (hereinafter, “ACUTA”). ACUTA provides its services to you subject to the following conditions. If you visit this Web Site, you accept these conditions. Please read them carefully. ACUTA may, without notice to you, at any time revise these Terms of Use and any other information contained in this Web Site by updating this posting. ACUTA may also make improvements or changes in the products, services, or programs described in this Web Site at any time without notice.

1. Legal Jurisdictions Only

The services and products described on this Web Site are only for persons in those states and jurisdictions where such products and services may legally be sold. Nothing on this Web Site shall be considered a solicitation to buy or an offer to sell any products or services to any person in any jurisdiction where such offer, solicitation, purchase or sale would be unlawful.

2. General

This Web Site and all content in this site may not be copied, reproduced, republished, uploaded, posted, transmitted, distributed, or used for the creation of derivative works without ACUTA’s prior written consent, except that ACUTA grants you non-exclusive, non-transferable, limited permission to access and display the Web pages within this Web Site, solely on your computer or other device and for your personal, non-commercial use of this Web Site. This permission is conditioned on your not modifying the content displayed on this Web Site, your keeping intact all copyright, trademark, and other proprietary notices, and your acceptance of any terms, conditions, and notices accompanying the content or otherwise set forth in this Web Site. Notwithstanding the foregoing, any software and other materials that are made available for downloading, access, or other use from this Web Site with their own license terms, conditions, and notices will be governed by such terms, conditions, and notices.

Your failure to comply with the terms, conditions, and notices on this Web Site will result in automatic termination of any rights granted to you, without prior notice, and you must immediately destroy all copies of downloaded materials in your possession or control. Except for the limited permission in the preceding paragraph, ACUTA does not grant you any express or implied rights or licenses under any patents, trademarks, copyrights, or other proprietary or intellectual property rights. You may not mirror any of the content from this Web Site on another Web site or in any other media. Content on this Web Site may contain references to ACUTA products and services that are not announced or available in your country. Such references do not imply that that those products or services are available in your country. The contractual terms applicable to ACUTA’s products and services are governed solely by the written agreements under which they are provided to its customers.

3. Linking to this Web Site

All links to this Web Site must be approved in writing by ACUTA, except that ACUTA consents to links in which the link and the pages that are activated by the link do not: (a) create frames around any page on this Web Site or use other techniques that alter in any way the visual presentation or appearance of any content within this Web Site; (b) misrepresent your relationship with ACUTA; (c) imply that ACUTA approves or endorses you, your Web Site, or your service or product offerings; and (d) present false or misleading impressions about ACUTA or otherwise damage the goodwill associated with the ACUTA name or trademarks. As a further condition to being permitted to link to this Web Site, you agree that ACUTA may at any time, in its sole discretion, terminate permission to link to this Web Site. In such event, you agree to immediately remove all links to this Web Site and to cease using any ACUTA trademark.

4. Third Party Information

Although ACUTA monitors the information on the Web Site, some of the information is supplied by independent third parties. While ACUTA makes every effort to insure the accuracy of all information on the Web Site, ACUTA makes no warranty as to the accuracy of any such information.

5. Disclaimer of Warranty

To the extent permitted by law, use of this web site is at your sole risk. All materials, information, products, software, programs, and services are provided “as is,” with no warranties or guarantees whatsoever. ACUTA expressly disclaims to the fullest extent permitted by law all express, implied, statutory, and other warranties, guarantees, or representations, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary and intellectual property rights. Without limitation, ACUTA makes no warranty or guarantee that this web site will be uninterrupted, timely, secure, or error-free. You understand and agree that if you download or otherwise obtain materials, information, products, software, programs, or services, you do so at your own discretion and risk and that you will be solely responsible for any damages that may result, including loss of data or damage to your computer system. Some jurisdictions do not allow the exclusion of warranties, so the above exclusions may not apply to you.

6. Limitation of liability

To the extent permitted by law, in no event will ACUTA be liable to any party for any direct, indirect, incidental, special, exemplary or consequential damages of any type whatsoever related to or arising from this web site or any use of this web site, or of any site or resource linked to, referenced, or accessed through this web site, or for the use or downloading of, or access to, any materials, information, products, or services, including, without limitation, any lost profits, business interruption, lost savings or loss of programs or other data, even if ACUTA is expressly advised of the possibility of such damages. This exclusion and waiver of liability applies to all causes of action, whether based on contract, warranty, tort, or any other legal theories.

Additional or different terms, conditions, and notices may apply to specific materials, information, products, software, and services offered through this web site. In the event of any conflict, such additional or different terms, conditions, and notices will prevail over these terms of use. Please see the applicable agreement or notice.

7. Applicable Law

By visiting this Web Site, you agree that the laws of the Commonwealth of Massachusetts, USA without regard to principles of conflict of laws, will exclusively govern these Terms of Use and any dispute of any sort that may arise between you and ACUTA.