TERMS OF SERVICE AND NOTICE OF TERMS OF SERVICE FOR SYMBIO DESIGN, INC DBA PROVIDENCE DESIGN AND "POWERED BY PROVIDENCE DESIGN" WEB SITES

 

These Terms of Use (“Terms of Use”) govern the use of any “Powered By Providence Design” (“PD”) website, (the “Site”). Please read these Terms of Use before using or continuing to use the Site. Use of the Site constitutes an agreement to all terms and conditions in these Terms of Use. By using this Site you represent and warrant that you accept and agree to be bound by all of the terms and conditions contained herein, and covenant to comply with these Terms of Use. If you object to anything in these Terms of Use, do not use the Site. PD reserves the right to modify and update these Terms of Use at any time by posting amended Terms of Use on the Site. Any updates to these Terms of Use will be posted on the Site from time to time. You acknowledge your responsibility to review these Terms of Use from time to time and to be aware of any such changes. Your use of the Site after such posting will constitute acceptance by you of the revised Terms of Use.

Privacy

PD is committed to maintaining the privacy of your information. PD does not want you to, and you should not, send any medical, confidential, or proprietary information to PD via this Site or to the email addresses referenced on the Site. Use of the Site and Service is also governed by our Privacy Policy

General Terms

This Site is provided without charge as a convenience to users to be used for the purposes of commerce, information, education, and communication. The information contained herein may contain inaccuracies or typographical errors. You acknowledge that the information on the Site is provided ‘as is’ for general information only. It is not intended to provide medical advice, and should not be relied upon as a substitute for consultations with qualified health professionals who are familiar with your individual medical needs, and no implications should be drawn regarding such information’s suitability or relevance for any medical condition. You hereby acknowledge that any reliance upon any information or materials on the Site shall be at your sole risk. You should always consult with a physician or other qualified healthcare provider if you have any health concerns before beginning any treatment or if you have any questions about any possible medical condition.
Notwithstanding anything to the contrary contained herein, PD makes no warranties of any kind regarding the Site, including but not limited to any warranty of accuracy, completeness, currency, reliability, merchantability or fitness for a particular purpose, or any warranty that the pages that comprise the Site, or the computer server which makes such pages available, are free of viruses or other harmful elements, and such warranties are expressly disclaimed.
You acknowledge that any opinions and recommendations contained on the Site are not necessarily those of PD, nor are they endorsed by PD.

Usage Policy

Without PD’s prior written consent, which consent may be given or withheld in PD’s sole discretion, you may not: (a) resell, sublicense, rent, lease or otherwise publicly distribute any PD information or content contained on the Site; (b) use your access to the Site PD’s information, services, database or system to export or re-export technical data in violation of U.S. export control laws and regulations; or (c) use the Site or any PD information or content in violation of any federal or state law, including data privacy laws and communication regulations and tariffs. You may not copy or adapt the HTML or other code that PD uses to generate its pages on the Site. This code is also protected by PD’s copyright.
You are prohibited from violating or attempting to violate the security of the Site and from using the Site to violate the security of other websites by any method, including, without limitation: (a) accessing data not intended for you; (b) attempting to probe, scan or test the vulnerability of a system or network, or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user of the website, host or network, including, without limitation, via means of submitting a virus to the website, overloading, "flooding", "spamming", "mailbombing" or "crashing"; (d) sending unsolicited email, including promotions and/or advertising of products or services; or (e) forging any PD packet header or any part of the header information in any email, instant message, text message or newsgroup posting. Violations of system or network security may result in civil or criminal liability. PD may investigate violations of these Terms of Use and may involve and cooperate with law enforcement authorities in prosecuting users of the website who are involved in such violations.

Third-Party Links

The Site may contain links from the PD’s Site to third-party sites on the Internet (“Third-Party Sites”). Your use of all such Third-Party Sites is at your own risk. It is your responsibility to evaluate the content and usefulness of the information obtained from Third-Party Sites. You acknowledge that use of any Third-Party Sites is governed by the terms and conditions of use for those websites, and not by these Terms of Use. PD is not responsible for the content, business practices or privacy policies, or for the collection, use or disclosure of any information that the Third-Party Sites may collect. To the extent such links are provided by PD, they are provided only as a convenience, and such link to a Third-Party Site does not imply PD’s endorsement, adoption or sponsorship of, or affiliation with, such Third-Party Sites. PD does not accept any responsibility for reviewing changes or updates to, or the quality, content, policies, nature or reliability of Third-Party Sites and accepts no responsibility should these pages, or the computer server which makes them available, contain viruses or other harmful elements.

Indemnification

By accessing the Site, you agree to indemnify, defend, and hold harmless PD and each of their respective shareholders, members, managers, directors, officers, employees, agents, licensors, attorneys, independent contractors, and providers (collectively referred to herein as “PD Indemnified Parties”) from and against any and all claims, losses, expenses or demands of liability, including attorneys’ fees and costs incurred by any PD Indemnified Party in connection with any claim (including any third-party intellectual property claim) arising out of or related to your access or use of, or inability to access or use, the Site or the information, materials and content contained on the Site or Third-Party Sites.

Limitation of Liability

In no event will PD or any of the information contributors to the Site be liable to you or anyone else for any decision made or action taken by you in reliance on information contained on the Site or on any Third-Party Site OR for any consequential, special or similar damages, EVEN IF PD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Intellectual Property Rights

All text, graphics, editorial content, data, formatting, graphs, designs, HTML, look and feel, photographs, music, sounds, images, software, videos, designs, typefaces and other content (collectively “Proprietary Material”) that you see or read on the Site is owned or licensed by PD or third parties from whom such Proprietary Material is licensed. Proprietary Material is protected in all forms, media and technologies now known or hereinafter developed. You may not copy, download, use, redesign, reconfigure, or retransmit anything from the Site without PD’s prior express written consent.

General Provisions

Failure by PD to enforce any provision(s) of these Terms of Use shall not be construed as a waiver of any provision or right.
The Site (excluding Third-Party Sites) is controlled by the PD which is headquartered in the State of Rhode Island, in the United States of America. It may be accessed from all fifty states, as well as from other countries around the world. Because each of these places has laws that may differ from those of Rhode Island, by accessing the Site you agree that the laws of the State of Rhode Island, without regard to its conflict of laws rules, will apply to all matters arising from or relating to the use of the Site. Any controversy or claim shall be exclusively brought in the federal, state, or local courts of Providence, Rhode Island; and, with regard to such claims and disputes, you hereby irrevocably (i) submit to the exercise of personal jurisdiction over them by these courts, and (ii) waive any jurisdictional, venue or inconvenient forum objections to such courts. PD makes no representation that materials on the Site are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is hereby prohibited. Individuals or organizations choosing to access the Site from other locations do so of their own initiative and are responsible for compliance with local laws.
These Terms of Use and any additional terms referenced herein constitute the entire agreement between you and PD with respect to the Site. If any provision of these Terms of Use is found to be invalid or unenforceable, the remaining provisions shall be enforced to the fullest extent possible, and the remaining Terms of Use shall remain in full force and effect.
These Terms of Use inure to the benefit of PD, its successors and assigns.

Last updated: [June 2017]