ER-28.com

Please read the following ER-28 Terms and Conditions before entering this site.

By using this site, you signify your assent to the Terms and Conditions herein. If you do not agree to all Terms and Conditions, please do not use this site. Periodically, ER-28 updates its Terms and Conditions. Your continued usage of this ER-28 Site means that you accept those changes.

ER-28 Does Not Provide Medical Advice

The contents of the ER-28 Site including, videos, charts, graphics, text and other material are for informational purposes only. The Content is not a substitute for professional medical advice, diagnosis or treatment. Always seek the advice of qualified physicians or qualified health providers with questions regarding specific medical conditions. Never disregard or delay specific medical advice because of ER-28 site content!

ER-28 does not endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Site. Reliance on any information provided by ER-28, ER-28 staff, others appearing on the ER-28 Site or other visitors to the ER-28 Site is solely at your own risk.

Child Privacy

ER-28 protects Child Privacy. It does not collect personally identifiable information from children.

Content Usage

ER-28 authorizes you to view, download and utilize its materials solely for personal, noncommercial use if you include the ER-28 copyright notice contained in the Content. The Content is protected by copyright under both United States and foreign laws. Any use of the Content not expressly permitted by ER-28 Terms and Conditions is a breach copyright, trademark, and other laws. Any violation of these Terms and Conditions automatically terminates your permission to use the Content.

ER-28 Liability

The use of the ER-28 Site Content is at your own risk. Information transmission is beyond the control and jurisdiction of ER-28 and its suppliers. ER-28 assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the ER-28 Site.

The ER-28 Site and the content are provided on an “as is” basis. ER-28, ITS LICENSORS, AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. Without limiting the foregoing, ER-28, its licensors, and its suppliers make no representations or warranties about the following:

The accuracy, reliability, completeness, currentness, or timeliness of the Content, software, text, graphics, links, or communications provided on or through the use of the ER-28 Site or ER-28.
The satisfaction of any government regulations requiring disclosure of information on prescription drug products or the approval or compliance of any software tools with regard to the Content contained on the ER-28 Site.

In no event shall ER-28, its licensors, its suppliers, or any third parties mentioned on the ER-28 Site be liable for any damages (including, without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use of or inability to use the ER-28 Site or the Content, whether based on warranty, contract, tort, or any other legal theory, and whether or not ER-28, its licensors, its suppliers, or any third parties mentioned on the ER-28 Site are advised of the possibility of such damages. ER-28, its licensors, its suppliers, or any third parties mentioned on the ER-28 Site shall be liable only to the extent of actual damages incurred by you, not to exceed U.S. $1,000. ER-28, its licensors, its suppliers, or any third parties mentioned on the ER-28 Site are not liable for any personal injury, including death, caused by your use or misuse of the Site, Content or Public Areas. Any claims arising in connection with your use of the Site, any Content, or the Public Areas must be brought within one (1) year of the date of the event giving rise to such action occurred. Remedies under these Terms and Conditions are exclusive and are limited to those expressly provided for in these Terms and Conditions.

User Submissions

Any personal information submitted to ER-28 is governed by the ER-28 Privacy Policy. To the extent any inconsistencies exist between this Agreement and the ER-28 Privacy Policy, this Terms and Conditions Agreement shall govern.

The Site contains functionality (including videos, graphics, charts, group forums, message boards, Ask the Doctor, user reviews, etc.) that allows visitors to upload content to the Site (collectively “Public Areas”). You agree that you will not upload or transmit any communications or content of any type to the Public Areas that infringe or violate any rights of any party. By submitting communications or content to the Public Areas, you agree that such submission is non-confidential for all purposes.

If you make any such submission you agree that you will not send or transmit to ER-28 by email, (including through the email addresses listed on the “Contact Us” page) any communication or content that infringes or violates any rights of any party. If you submit any business information, idea, concept or invention to ER-28 by email, you agree such submission is non-confidential for all purposes.

If you make any submission to a Public Area or if you submit any business information, idea, concept or invention to ER-28 by email, you automatically grant – or warrant that the owner of such content or intellectual property has expressly granted – ER-28 a royalty-free, perpetual, irrevocable, world-wide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or content in any media or medium, or any form, format, or forum now known or hereafter developed. ER-28 may sublicense its rights through multiple tiers of sublicenses. If you wish to keep any business information, ideas, concepts or inventions private or proprietary, please do not submit them to the Public Areas or to ER-28 by email. We try to answer every email in a timely manner, but are not always able to do so.

User Submissions of Image, Video, Audio Files

You agree to only post or upload media content (photos, videos or audio) that you have taken yourself or that you have all rights to transmit and license and which do not violate trademark, copyright, privacy or any other rights of any other person.

To protect your privacy, you agree that you will not submit any media that contains Personally Identifiable Information (name, phone number, email address or web site URL) of you or of anyone else. Uploading media content of other people without their permission is strictly prohibited.

By uploading any media on the ER-28 site, you warrant that you have permission from all persons appearing in your media for you to make this contribution and grant rights described herein.

It is strictly prohibited to upload media of any kind that contain expressions of hate, abuse, offensive images or conduct, obscenity, pornography, sexually explicit or any material that could give rise to any civil or criminal liability under applicable law or regulations or that otherwise may be in conflict with the ER-28 Terms and Conditions, the ER-28 Advertising Policy and the ER-28 Privacy Policy.

You agree that you will not upload any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or this Web site.

By uploading any media content, (a) you grant to ER-28 a perpetual, non-exclusive, worldwide, royalty-free license to use, copy, print, display, reproduce, modify, publish, post, transmit and distribute the media and any material included in the media; (b) you certify that any person pictured in the submitted media (or, if a minor, his/her parent/legal guardian) authorizes ER-28 to use, copy, print, display, reproduce, modify, publish, post, transmit and distribute the media and any material included in such media; and (c) you agree to indemnify ER-28 and its affiliates, directors, officers and employees and hold them harmless from any and all claims and expenses, including attorneys’ fees, arising from the media and/or your failure to comply with these the terms described in this document.

ER-28 reserves the right to review all digital content and media content prior to submission to the site and to remove any media for any reason, at any time, without prior notice, at our sole discretion

Passwords

ER-28 has several tools that allow you to record and store information. You are responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to your ER-28 passwords or accounts. It is your sole responsibility to (1) control the dissemination and use of sign-in name, screen name and passwords; (2) authorize, monitor, and control access to and use of your ER-28 account and password; (3) promptly inform ER-28 if you believe your account or password has been compromised or if there is any other reason you need to deactivate a password. To send ER-28 an email, use the “Contact Us” links. You grant ER-28 the right to transmit, monitor, retrieve, store, and use your information in connection with the operation of the Site. ER-28 cannot and does not assume any responsibility or liability for any information you submit, or your or third parties’ use or misuse of information transmitted or received using ER-28 tools and services.

ER-28 Community and Public Areas

If you use a Public Area, such as message boards, blogs, Ask the Doctor, user reviews or other member communities, you are solely responsible for your own communications, the consequences of posting those communications, and your reliance on any communications found in the Public Areas. ER-28 and its licensors are not responsible for the consequences of any communications in the Public Areas. In cases where you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately. If you think you may have a medical emergency, call your doctor or 911 immediately.

In consideration of being allowed to use the Public Areas, you agree that the following actions shall constitute a material breach of these Terms and Conditions:

Using a Public Area for any purpose in violation of local, state, national, or international laws;
Posting material that infringes on the intellectual property rights of others or on the privacy or publicity rights of others;
Posting material to ER-28 that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by ER-28 in its sole discretion;
Posting to ER-28 advertisements or solicitations of business;
After receiving a warning, continuing to disrupt the normal flow of dialogue, or posting comments that are not related to the topic being discussed;
Posting chain letters or pyramid schemes;
Impersonating another person;
Distributing viruses or other harmful computer code;
Collecting information about others, including email addresses, without their identification for posting or viewing comments;
Allowing any person or entity to use your identification for posting or viewing comments;
Posting the same note more than once or “spamming”; or
Engaging in any other conduct that restricts or inhibits any other person from using or enjoying the Public Area or the Site, or which, in the judgment of ER-28, exposes ER-28 or any of its customers or suppliers to any liability or detriment of any type.

ER-28 Reserves the Right to Do Any or All of the Following:

Record the dialogue in public chat rooms;
Investigate an allegation that a communication does not conform to the terms of this section and determine in its sole discretion to remove or request the removal of the communication(s);
Remove communications considered abusive, illegal, or disruptive, or that otherwise fail to conform with ER-28 Terms and Conditions.
Terminate a user’s access to any or all Public Areas and/or the ER-28 Site upon any breach of ER-28 Terms and Conditions.
Monitor, edit, or disclose any communication in ER-28 Public Areas.
Edit or delete any communication posted on the ER-28 Site, regardless of whether such communication violate these standards.

ER-28 or its licensors have no liability or responsibility to users of the ER-28 Site or any other person or entity for performance or nonperformance of the aforementioned activities.

Advertisements, Searches and Links to Other Sites

ER-28 may provide links to third-party web sites. ER-28 also may select certain sites as priority responses to search terms you enter and ER-28 may agree to allow advertisers to respond to certain search terms with advertisements or sponsored content. ER-28 does not recommend and does not endorse the content on any third-party websites. ER-28 is not responsible for the content of linked third-party sites, sites framed within the ER-28 Site, third-party sites provided as search results, or third-party advertisements, and does not make any representations regarding their content or accuracy. Your use of third-party websites is at your own risk and subject to the Terms and Conditions of use for such sites. ER-28 does not endorse any product, service, or treatment advertised on the ER-28 Site. For more information, read the ER-28 Sponsor Policy and ER-28 Advertising Policy.

Indemnity

You agree to defend, indemnify, and hold ER-28, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of ER-28 Terms and Conditions.

General

ER-28 is based in Dana Point, California, in the United States of America. ER-28 makes no claims that ER-28 or any Site within ER-28 Website and the Content are appropriate or may be downloaded outside of the United States. Access to ER-28 Content may not be legal by certain persons or in certain countries. If you access the ER-28 Website from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

The following provisions survive the expiration or termination of this Agreement for any reason whatsoever: Liability, User Submissions, User Submissions – image, video, audio files, Indemnity, Jurisdiction, and Complete Agreement.

Jurisdiction

Exclusive jurisdiction for any dispute with ER-28, or in any way relating to your use of the ER-28 Site, resides in the courts of the State of California and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of California in connection with any such dispute including any claim involving ER-28 or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers.

ER-28 Terms and Conditions are governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. If any provision of ER-28 Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any of ER-28 Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

Notice and Takedown Procedures; and Copyright Agent

If you believe any materials accessible on or from the Site infringe your copyright, you may request removal of those materials (or access thereto) from this web site by contacting ER-28’s copyright agent (identified below) and providing the following information:

Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
Your name, address, telephone number and e-mail address.
A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
A statement that the information that you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or are authorized to act on the copyright owner’s behalf.
A signature or the electronic equivalent from the copyright holder or authorized representative.

ER-28’s agent for copyright issues relating to this web site is as follows:

ER-28
ER-28 Privacy Officer 34197 Pacific Coast Highway, Suite 102, Dana Point, CA 92629 – or by phone 949.489.1178 – or by email info@er-28.com.

In an effort to protect the rights of copyright owners, ER-28 maintains a policy for the termination, in appropriate circumstances, of subscribers and account holders of the ER-28 Site who are repeat infringers.

Complete Agreement

Except as expressly provided in a particular “legal notice” on the ER-28 Site, these Terms and Conditions and the ER-28 Privacy Policy constitute the entire agreement between you and ER-28 with respect to the use of the ER-28 Site, and Content.

Thank you for your cooperation. We hope you find the ER-28.com Site helpful and convenient to use! Questions or comments regarding this website, including any reports of non-functioning links, should be submitted using our Contact Us Form or via U.S. mail to: ER-28 Privacy Officer 34197 Pacific Coast Highway, Suite 102, Dana Point, CA 92629 – or by phone 949.489.1178 – or by email info@er28.com.

Last Updated: April, 2015