THE SITE DOES NOT PROVIDE MEDICAL ADVICE.

The Contents of the Kypho Site, such as text, graphics, images, information obtained from Kypho’s licensors, and other material contained of the Kypho Site (“Content”) are for informational purposes only. The content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any question you may have regarding a medical condition.

If you think you may have a medical emergency, call your doctor or 911 immediately. Kypho does not recommend or endorse any specific tests, physician, products, procedures, opinions, or other information that may be mentioned on the Site. Reliance on any information provided by Kypho, Kypho employees, others appearing on the Site at the invitation of Kypho, or other visitors to the Site is solely at your own risk. The Site may contain health-or-medical-related materials that are sexually explicit. If you find these materials offensive, you may not want to use our Site.

LIABILITY OF KYPHO AND ITS LICENSORS

The use of the Kypho Site and the Content is at your own risk. When using the Kypho Site, information will be transmitted over a medium that may be beyond the control and jurisdiction of Kypho and its suppliers. Accordingly, Kypho 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 Kypho Site.

The Kypho Site and the Content are provided on an “as is” basis. KYPHO, 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-INFRINGMENT OF THIRD PARTIE’S RIGHT, AND FITNESS FOR PARTICULAR PURPOSE. Without limiting the foregoing, Kypho, its licensors, and its suppliers make no representations or warranties about the following:

  1. The accuracy, reliability, completeness, currentness, or timeliness of the Content, software, text, graphics, links, or communications provided on or through the use of the Kypho Site or Kypho.
  2. 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 Kypho Site.

In no event shall Kypho, its licensors, its suppliers, or any third parties mentioned on the Kypho 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 Kypho Site or the Content, whether based on warranty, contract, tort, or any other legal theory, and whether or not Kypho is advised of the possibility of such damages. Kypho is not liable for any personal injury, including death, caused by your use or misuse of the Site, Content, or Public Areas (as defined below). 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 of Use are exclusive and are limited to those expressly provided for in these Terms of Use.

ADVERTISEMENTS, SEARCHES AND LINKS TO OTHER SITES

Kypho may select certain sites as priority responses to search terms you enter and Kypho may agree to allow advertisers to respond to certain search terms with advertisements or sponsored content. Kypho does not recommend and does not endorse the content on any third-party websites. Kypho is not responsible for the content of linked third-party sites, sites framed within the Kypho 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 of Use for such sites. Kypho does not endorse any product advertised on the Kypho Site.

INDEMNITY

You agree to defend, indemnify, and hold Kypho, 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 these Terms of Use.

GENERAL

Kypho is based in San Francisco, CA, in the United States of America. Kypho makes no claims that Kypho Content is appropriate or may be downloaded outside of the United States. Access to the Content may not be legal by certain persons or in certain countries. If you access the Kypho Site 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, Indemnity, Jurisdiction, and Complete Agreement.

JURISDICTION

You expressly agree that exclusive jurisdiction for any dispute with Kypho, or in any way relating to your use of the Kypho 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 Kypho or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers.

These Terms of Use are governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. If any provision of these Terms of Use 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 of Use, which shall remain in full force and effect. No waiver of any of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

COMPLETE AGREEMENT

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

Thank you for your cooperation. We hope you find the Kypho site helpful and convenient to use! Questions or comments regarding this website, including any reports of non-functioning links, should be directed by electronic mail to info@kypho.com or via U.S. mail to Kypho at 661 Third Street, San Francisco, CA 94107.

Copyright (c) 2013-2016 Kypho. All Rights Reserved.