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Legal Statement

Last Updated: February 11, 2020

TERMS OF USE

These terms, conditions and notices contained herein (collectively, “Terms”) apply to all websites ( “Site” or “Sites”) operated by Covis Pharma B.V or its affiliates, subsidiaries, assigns, successors, brands, licensors, licensees, and/or agents (“Covis,” “we,” “us,” or “our”). In the event that any Terms contained herein conflict with any additional Terms presented on any particular Covis website, then the Additional Terms shall control.

PLEASE READ THE FOLLOWING TERMS CAREFULLY BEFORE USING THIS SITE OR OTHER COVIS SITES. The Covis Sites are offered to you (the “User”) conditioned on your acceptance without modification of the Terms and the applicable Privacy Statement. By accessing or using the Site, you agree to these Terms and the applicable Privacy Statement. If you do not agree to these Terms, do not use the Site.

PRIVACY

Use of the Covis Sites is also subject to the Covis Privacy Statement (“Privacy Statement”). If a Site has additional, separate privacy provisions (“Additional Privacy Provisions”), then use of that Site is subject to those Additional Privacy Provisions.

We use cookies and other technologies to collect information when you visit our sites including your IP address, web pages you view and links you click. We also use digital cookies in the emails that we send you to let us know you’ve received them. We may use this information, together with the information you provide us during the registration process on the site or otherwise, to send you information that may be of interest to you in accordance with our Privacy Statement.

PERSONAL USE OF SITES

Unless otherwise specified, the Site is for your personal and noncommercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any of the content or communications featured or displayed on the Site (“Content”), including without limitation text, graphics, photographs, images, moving images, sound, illustrations, information, software, products or services and the arrangements thereof, except as expressly permitted hereunder. You acknowledge that any unauthorized use of any Content could cause irreparable harm to us and agree that in the event of any such unauthorized use, we will be entitled to an injunction in addition to any other remedies available at law or in equity. Subject to any expressly stated restrictions or limitations on the Site relating to specific material, you may electronically copy and/or print hard copy portions of Content solely for your own noncommercial use. Any other use of Content, including the modification, reproduction, distribution, republication, display or transmission of any Content, without our prior written permission is strictly prohibited.

You agree not to collect and/or use any product descriptions, images, listings or prices except for your own personal noncommercial use.

You agree that you will not reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Site or use or access to the Site, including without limitation any “scraping” or using any robot, spider or other automated means. Running or displaying this Site or any information or material displayed on this Site in frames, via “in-line” linking or through similar means on another Site without our prior written permission is prohibited. Any permitted links to this Site must comply with all applicable laws, rule and regulations. You may not use any meta tags or other “hidden text” utilizing our name or any of our trademarks, or those of any manufacturer of products featured on this Site, without express written permission. Additionally, you agree that you will not: (a) take any action that, in our sole discretion, imposes, or may impose an unreasonable or disproportionately large load on our infrastructure; (b) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or (c) bypass any measures we may use to prevent or restrict access to the Site.’

USER SUBMISSIONS

These Terms govern your conduct, your rights, and Covis’s rights with respect to any text, photograph, video, post, communication, music, audio/sound recording, artwork, ratings, reviews or other materials or information you make associated with the Sites (“Submission”). When you submit a Submission, you agree to the following:

    • your Submission is original, accurate, created by you, and not an impersonation;
    • you are currently a bona fide user of the Covis product(s) mentioned in your Submission and your Submission reflects your true and honest opinion of and current experience with the Covis products(s);
    • you are over the age of majority, or, if a minor, your parent or legal guardian consents to your submission;
    • you are not an employee of Covis nor do you work for an affiliate or agency of Covis hired by Covis to promote and/or sell Covis products;

OR, if you are employee of Covis or work for an affiliate or agency of Covis hired by Covis to promote and/or sell Covis products, you agree to include a clear and conspicuous disclosure of your relationship with Covis in your Submission;

  • your Submission (or any portion of it) has not been included in nor planned for use in any other advertising or promotional materials, for Covis or any third party;
  • your Submission is made without any prior payment or promise of payment having been made to you or the expectation by you of any payment in return for your proposed Submission. Your Submission is also made without any prior benefit having been made to you or the expectation of any future benefit, except for the possibility of having your Submission used for Covis promotional purposes. Or, if you did receive a benefit, you clearly disclose the details of the benefit in your Submission;
  • your Submission is not false, misleading, offensive, profane, vulgar, obscene, derogatory, defamatory, libelous, slanderous, or otherwise inappropriate;
  • your Submission does not contain content that infringes any third party’s copyright, patent, trademark, trade secret, right of publicity, right of privacy, moral rights, and/or any other applicable personal or proprietary rights;
  • your Submission does not contain content that violates any law, statute, ordinance or regulation or content that engages in, encourages, advocates, or provides instructions for conduct that would constitute a criminal or civil offense under any law, statute, ordinance or regulation;
  • your Submission does not contain material or content that is, or may reasonably be considered to be, hate speech, whether directed at an individual or group, or that is otherwise unlawfully threatening or unlawfully harassing to any individual, partnership, corporation, or political body;
  • your Submission does not contain content or materials intended to create disruption or to mislead others, such as posting multiple Submissions in an effort to monopolize the forum or posting a Submission unrelated to the forum’s designated topic or theme;
  • your Submission does not contain content that includes third party websites, addresses, email addresses, contact information, phone numbers, other information or opinions about an identified or reasonably identifiable individual or private information (including sensitive information) without obtaining prior consent from that individual for sharing such information with Covis;
  • your Submission does not contain programming or materials containing any Trojan horses, viruses, worms, harmful code, or other potentially damaging information, programs, or file; and
  • Covis’s use of your Submission does not violate these Terms and will not cause injury to any person or entity.

Any opinions, advice, statements, services, offers, or other information contained in Submissions expressed or made available on the Sites are those of the respective author(s) or distributor(s) and not of Covis. We neither endorse nor guarantee the accuracy, completeness, or usefulness or any such Submission.

Covis does not and cannot review all Submissions posted to or created by users accessing the Site and is not in any manner responsible for the content of these Submissions. You acknowledge that by providing you with the ability to view and distribute user generated content on the Site, Covis is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any Submissions or activities on the Site. Covis will have no obligation to post or use any Submission(s). Covis reserves the right to block or remove Submissions and/or Users that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) violates any law or regulation or (e) offensive or otherwise unacceptable to Covis at its sole discretion. Note that any personally identifiable information you may post or transmit will be treated by Covis in accordance with Covis’ Privacy Statement. Except for any personally identifiable information we may collect from you under the guidelines established in our Privacy Statement., any Submission will be considered non-confidential and non-proprietary. Covis will have no obligations with respect to the Submissions.

By submitting a Submission, you grant each of the following to Covis:

  • a non-exclusive, worldwide, perpetual, irrevocable, fully paid-up, royalty-free, fully sublicenseable and transferable right and license to use, monitor, review, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, transmit, display, and perform such Submission(s), in whole or in part, in any media, format or technology, online or offline, whether now known or hereafter discovered, and in any manner including, but not limited to, all promotional, public viewing and/or commenting (whether on Sites or on third party web pages), advertising, marketing, merchandising, publicity, and commercial uses and ancillary uses thereof, without any further notice or payment to or permission needed from you (except where prohibited by law);
  • an unrestricted, worldwide, perpetual, irrevocable, fully paid-up, royalty-free, fully sublicensable and transferable right and license to use your name, nickname, user name, biographical information, vocal recordings of you, and/or any illustrations, photographic or videographic clips, portraits, likenesses or pictures of you or any other indicia of your right of publicity rights (collectively “Your Personal Content”) as contained in your Submission(s), in composite or distorted form or as otherwise incorporated into other creative works of authorship, in any media, format or technology, online or offline, whether now known or hereafter discovered, and in any manner including, but not limited to, all promotional, public viewing and/or commenting (whether on Sites or on third party web pages), advertising, marketing, merchandising, publicity, and commercial uses and ancillary uses thereof, without any further notice or payment to or permission needed from you (except where prohibited by law).

By submitting a Submission, you agree to release, hold harmless and indemnify on behalf of yourself and your successors, assigns and representatives, Covis and each of its respective officers, directors and employees from and against any and all claims, suits, actions, demands, liabilities and damages of any kind whatsoever arising out of or in connection with the use of such Submission, including, without limitation, any and all claims for false advertising, copyright infringement, invasion of privacy, violation of the right of publicity or of moral rights, and/or defamation. Without limiting the foregoing, in no event will you be entitled to, and you waive any right to, enjoin, restrain or interfere with use of the Submission or Your Personal Content embodied in such Submission or the exploitation of any of the Covis’ rights as noted above.

You understand that Covis is relying upon your representations, grants of rights, waivers and releases in permitting you to submit a Submission. You acknowledge that you may not terminate or rescind the grants of rights and licenses and/or the releases contained in this Agreement.

Covis does not guarantee that you will have any opportunity to edit or delete your Submission. You acknowledge that you, not Covis, are responsible for the contents of any Submission(s).

CODE OF CONDUCT

By accessing or using any Site or any other feature provided through our Site, including but not limited to, when submitting a Submission to our Site, you agree to abide by the following standards of conduct. You agree that you will not, and will not authorize or facilitate any attempt by another person or entity to:

  • Use the Site in breach of these Terms;
  • Reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of any Site or use or access to the Site;
  • Harass, threaten, stalk or intentionally embarrass or cause distress to another person or entity;
  • Impersonate another person or entity;
  • Promote, solicit, or participate in any multilevel marketing or pyramid schemes;
  • Solicit personally identifiable information from or exploit any individual under eighteen (18) years of age;
  • Engage in disruptive activity such as sending multiple messages in an effort to monopolize the forum or posting unrelated to a forum’s designated topic or theme;
  • Introduce viruses, worms, Trojan horses, harmful code, or any software or other materials that contain a component harmful to the website;
  • Gain unauthorized access to any computer system or nonpublic portion of the Sites or interfere with or disrupt the Sites, servers, or networks connected to the Sites;
  • Invade the privacy of any person, including posting personally identifying or otherwise private or sensitive information about a person without their consent or harvesting personally identifiable information about the Sites’ users;
  • Engage in, encourage, advocate, provide instructions for or discuss with the intent to commit conduct that would constitute a criminal or civil offense or otherwise violate any federal, state, local, or international law or regulation.

Covis cannot and does not assure that other Users are or will be compliant with the foregoing Code of Conduct or any other provisions of these Terms, and, as between you and us, you hereby assume all risk of harm or injury resulting from any such lack of compliance.

CONSEQUENCES

If we become aware that you have violated any of the terms and conditions contained in these Terms, we may immediately take corrective action, including preventing the user from using the services offered by Covis and removing any information, data and content put on the Site by the user, at any moment and without notice. If we have been injured by your violation we may, in our sole discretion, seek to recover damages from you.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless Covis, its officers, directors, employees, agents, suppliers and third party partners from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation by you of these Terms.

CONTENT AND DISCLAIMER OF WARRANTIES

While Covis uses reasonable efforts to ensure that the information contained on its Sites (“Information”) is accurate and up to date, the Information may contain inaccuracies or typographical errors. Covis reserves the right to make changes, corrections and/or improvements to the Information, and to the products and programs described in such Information, at any time without notice. Covis makes no warranties or representations as to the accuracy of any of the Information. Covis assumes no liability or responsibility for any errors or omissions in the content of the Site.

ALL INFORMATION IS PROVIDED “AS IS.” COVIS PROVIDES NO WARRANTIES ABOUT THE COMPLETENESS OR ACCURACY OF THE INFORMATION ON THIS SITE OR ITS POSSIBLE USES. CONSEQUENTLY, THE INFORMATION SHOULD BE CAREFULLY EVALUATED BY SITE VISITORS. NEITHER COVIS AG, NOR ANY OTHER COVIS GROUP COMPANY, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THIS SITE TO YOU SHALL BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR PUNITIVE DAMAGES ARISING OUT OF ACCESS TO, USE OF OR INABILITY TO USE THIS SITE, OR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THE SITE.

Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.

Covis also assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, or use of the Information. Covis reserves the right to discontinue this Site at any time without notice and without liability.

MEDICAL INFORMATION

This Site may contain general information relating to various medical conditions and their treatment. Such information is provided for informational purposes only and is not meant to be a substitute for advice provided by a doctor or other qualified health care professional. Patients should not use the information contained herein for diagnosing a health or fitness problem or disease. Patients should always consult with a doctor or other health care professional for medical advice or information about diagnosis and treatment.

COPYRIGHTS AND TRADEMARKS

All product names, whether or not appearing in large print or with the trademark symbol, are trademarks of Covis, its affiliates, related companies or its licensors or joint venture partners, unless otherwise noted. The use or misuse of these trademarks or any other materials, except as permitted herein, is expressly prohibited and may be in violation of copyright law, trademark law, the law of slander and libel, the law of privacy and publicity, and communications regulations and statutes. Please be advised that Covis actively and aggressively enforces its intellectual property rights to the fullest extent of the law.

The entire contents of this Site are subject to copyright protection. © Copyright 2017 Covis Pharma. All rights reserved. The contents of Covis Sites may not be copied other than for noncommercial individual reference with all copyright or other proprietary notices retained, and thereafter may not be recopied, reproduced or otherwise redistributed. Except as expressly provided above, you may not otherwise copy, display, download, distribute, modify, reproduce, republish or retransmit any information, text or documents contained in this Site or any portion thereof in any electronic medium or in hard copy, or create any derivative work based on such images, text or documents, without the express written consent of Covis. Nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any patent or trademark of Covis, or any third party.

GOVERNING LAWS

This Terms of Use Agreement and your use of the Site shall be governed by the laws of the United States of America and the State of New York without regard to its conflicts of laws principles. Any legal action or proceeding related to this Site shall be brought exclusively in a federal or state court of competent jurisdiction sitting in New York.

MISCELLANEOUS

If any provision of this Agreement is held to be unlawful, void or unenforceable, then such provision shall be severable without affecting the enforceability of all remaining provisions. Covis reserves the right to alter or delete materials from this Site at any time at its discretion.

REVISIONS

Covis reserves the right, at its sole discretion, to change, modify, add, or remove portions of these Terms at any time. You are bound by any such revisions and should therefore check these terms periodically for changes. Your continued use of this site following the posting of changes to these terms will mean you accept such changes.

CONTACT US

If these Terms do not address your question, or if you would like to report a violation of our Code of Conduct, please contact us as follows:

By [email protected] or +1-888-891-5367

http://covispharma.com/#home-hero

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