Terms of Use

Last Updated: August 29, 2020

These Terms of Use describe the terms under which Apiject Systems, Corp. and its affiliated companies (collectively “APIJECT”) provide the www.apiject.com website and any other website to which APIJECT has posted these Terms of Use (collectively, the “Website”). PLEASE READ THESE TERMS OF USE CAREFULLY, AS YOU ARE AGREEING TO BE BOUND BY THE TERMS BY USING OUR WEBSITE.  If you do not agree to these Terms of Use, then do not use this Website.  APIJECT does not consent to your use of the Website and asks that you cease using it immediately.

As used in these Terms of Use, “Website Material” means the material on the Website, including (but not limited to) graphics, photographs, audio and video clips, advertising, content, scripts, text, layout and the programs, files and data uploaded to users’ internet browsers or devices in order to display the Website.

Ownership

APIJECT and its licensors own all right, title and interest in: (i) the Website Material; (ii) the copyright to the Website Material, collectively and individually; (iii) The APIJECT™ and RAPID™ trademarks, trade dress, and related design marks (the “Trademarks”),  (iv) the domain name to the Website and any social media handles used herein, and (v) all other images, advertising, audio and video clips, downloads, data compilations, software and other proprietary materials (collectively “Intellectual Property”). You may not copy, distribute, disseminate, publicly display, or otherwise reproduce any of the Website Material or Intellectual Property without APIJECT’s prior written permission. You may not create derivative works of the Website Material or Intellectual Property without APIJECT’s prior written permission. You may not copy any portion of the Website Material except as is necessary to view the Website through your browser or device. You may not use the Intellectual Property in a manner which would have the effect of misleading the public about the source of goods or services or which would tend to dilute their ability to identify APIJECT.

Privacy Policy

Our Privacy Policy describes our practices about how we collect and use personal information through the Website.  By accessing the Website, you consent to that collection and use.  [Note: Please link from the words ‘Privacy Policy’ in this paragraph to the actual policy.]  If you provide information, such as your name, email address or telephone number, to APIJECT through the Website, then then you represent that this information is correct and that we may use the information as provided in our Privacy Policy.

Unsolicited Ideas

Apiject and its employees do not accept or consider unsolicited ideas at this time, including ideas for new products or technologies, processes, materials, marketing plans, advertising or promotions, or new product names. Please do not send to us, directly or via this Website, any such information, original creative artwork, designs, prototypes, samples, demos, or other works for evaluation.  The purpose of this policy is to avoid potential misunderstandings or disputes when our products or business strategies might seem similar to ideas submitted to us. If, despite our request, you still send such information to us, you do so at your own risk.  In the event you post public information on our Website, or send unsolicited information directly to us, all such information and any unsolicited ideas and information will be considered NON-CONFIDENTIAL and NON-PROPRIETARY, and Apiject, its affiliates and agents, are free to use such information for any purpose and in any manner whatsoever.

Changes to these Terms of Use

APIJECT may modify these Terms of Use from time to time.  When modifying these Terms of Use, the “Last Updated Date,” shown above will be updated.

Representations, Warranties and Disclaimers

Not Medical Advice; Not a Pharmacy.  You acknowledge and agree that the Website Materials are intended solely to provide information about APIJECT and its business. APIJECT is not a medical service provider nor do the Website Materials constitute medical advice. Please consult your physician or pharmacist to obtain medical advice, obtain a prescription, or purchase or use any medication or medical products. The receipt of any questions or feedback you submit to us does not create a professional relationship and does not create any privacy interests other than those described in our Privacy Policy.

APIJECT is not a prescriber of vaccines, prescription drugs, or a medical practice. You are encouraged to review the Website Materials in consultation with your prescribing health care provider.

Additional Disclaimers:  APIJECT does not provide any warranties regarding the Website Material. The Website may contain material which has been superseded, is out-of-date or is otherwise incorrect. In addition, the Website may contain predictions about future events and conditions which may not come to pass, which may occur earlier or later than predicted and/or may only partially occur. Correspondingly, APIJECT DISCLAIMS ALL LIABILITY FOR THE ACCURACY AND RELIABILITY OF WEBSITE MATERIAL. If you rely on any such information, you do so at your own risk.

APIJECT does not warrant that the individual web pages making up the Website will continue to be accessible in the future, that their locations (otherwise known as “URLs”)  will remain constant, or that the content found at any particular location will remain constant.  Correspondingly, links to specific locations on the Website may not continue to function in the future or may link to information other than what was in place at the time the link was placed.

APIJECT further does not warrant that the Website will provide the same content to each individual who views the Website. In particular, APIJECT may cause the same URL to provide different information to different visitors, based on the time of day, the visitor’s geographic location, internet service provider, company or other characteristics. Some pages, or the entire Website, may be entirely unavailable to some categories of users.

The Website may contain links to other sites or services. These links are provided as a convenience to visitors to the Website. APIJECT is not responsible for the accuracy or content of information contained in these other sites of services.  These links do not constitute an endorsement by APIJECT of the parties or their products and services.

No Warranty:  THE WEBSITE AND THE INFORMATION CONTAINED IN THE WEBSITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY OF ANY KIND, WHETHER EXPRESSED OR IMPLIED.

APIJECT RECEIVES DATA AND INFORMATION FROM MANY INDEPENDENT SOURCES, INCLUDING DRUG MANUFACTURERS AND GOVERNMENT AGENCIES. APIJECT CANNOT, AND DOES NOT, INDEPENDENTLY REVIEW, VERIFY, TEST, OR SUBSTANTIATE THE CONTENT OF SUCH DATA OR INFORMATION FOR ACCURACY, TIMELINESS, OR COMPLETENESS AND DISCLAIMS ALL RESPONSIBILITY FOR ANY OMISSIONS OR ERRORS IN SUCH DATA AND INFORMATION AND FOR ANY ADVERSE CONSEQUENCES RESULTING THEREFROM. IN ADDITION, CERTAIN DATA AND INFORMATION MAY NOT NECESSARILY COVER ALL POSSIBLE USES, DIAGNOSES, TREATMENT OPTIONS, DIRECTIONS, PRECAUTIONS, DRUG INTERACTIONS, DOSAGE LIMITATIONS, LOCAL PRACTICES, OR ADVERSE EFFECTS APPLICABLE TO A PARTICULAR APPLICATION OF USE, HEALTH CONDITION, DRUG OR TREATMENT OR A PARTICULAR USER. THIS DATA AND INFORMATION IS NOT INTENDED, AND YOU AGREE NOT TO RELY ON IT AS A SUBSTITUTE FOR THE KNOWLEDGE, EXPERTISE, SKILL, VERBAL COUNSELING, PHYSICAL DEMONSTRATION OF AN ADMINISTRATION TECHNIQUE, OR JUDGMENT OF PHARMACISTS, PHYSICIANS, OR OTHER HEALTHCARE PROFESSIONALS IN PATIENT CARE.

IN LIGHT OF THE FOREGOING, THE WEBSITE MATERIALS AND THEIR DATA AND INFORMATION ARE FURNISHED BY APIJECT “AS IS” AND APIJECT, ITS AFFILIATES, AND ITS LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE WEBSITE MATERIALS OR THEIR DATA AND INFORMATION OR ANY SERVICES HEREUNDER AND DISCLAIM ALL IMPLIED REPRESENTATIONS AND WARRANTIES OF ANY KIND OR NATURE ARISING OUT OF OR RELATED THERETO INCLUDING, BUT NOT LIMITED TO, ANY REPRESENTATIONS AND WARRANTIES (I) REGARDING COMPREHENSIVENESS, SUITABILITY, AVAILABILITY, COMPATIBILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF THE SERVICES (IRRESPECTIVE OF ANY COURSE OF DEALING, CUSTOM, OR USAGE OF TRADE) OR ANY WARRANTY THAT THE DATA AND INFORMATION SATISFIES GOVERNMENT REGULATIONS. NO APIJECT EMPLOYEE, CONSULTANT, REPRESENTATIVE OR AGENT IS AUTHORIZED TO MAKE ANY STATEMENT THAT ADDS TO OR AMENDS THE WARRANTIES OR LIMITATIONS CONTAINED HEREIN.

LIMITATION OF LIABILITY: 
YOU AGREE THAT YOU ARE RELEASING APIJECT FROM ANY LIABILITY ARISING FROM THESE TERMS OF USE OR YOUR USE OF THE WEBSITE MATERIALS.  NEITHER APIJECT NOR ANY OF OUR AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES OR CONSULTANTS ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE WEBSITE MATERIALS CONTAINED THEREON, ANY LINKED SITE OR ANY CONTENT AVAILABLE THROUGH SUCH LINKED SITE. WE ASSUME NO OBLIGATION AND HAVE NO LIABILITY ARISING OUT OF OR DIRECTLY OR INDIRECTLY RELATED TO ANY SERVICE INTERRUPTIONS OR SITE MALFUNCTIONS; THE CONDUCT OR CONTENT OF ANY SITE USER; COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS; LOSS OR CORRUPTION OF DATA; DAMAGE TO YOUR COMPUTER, MOBILE DEVICE, OR NETWORK; MALICIOUS ACTS OF THIRD PARTIES; FORCE MAJEURE EVENTS; BUSINESS INTERRUPTION OR DOWNTOWN; LOSS OF BUSINESS, PROFITS, OR GOODWILL; ILLEGAL OR IMPROPER USE BY SOMEONE TO WHOM YOU HAVE GIVEN PERMISSION TO USE YOUR USER ACCOUNT OR WHOM YOU HAVE NEGLIGENTLY ALLOWED TO ACCESS YOUR USER ACCOUNT, OR ANY OTHER ACTIONABLE CONDUCT TOWARDS YOU; OR ACTIONS TAKEN OR NOT TAKEN IN CONNECTION WITH INVESTIGATIONS, DEMANDS, OR CLAIMS BY US, INTELLECTUAL PROPERTY OWNERS, LAW ENFORCEMENT, GOVERNMENTAL AUTHORITIES, OR THIRD PARTIES. THE LIMITATIONS ON LIABILITY IN THIS SECTION SHALL APPLY TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, REGARDLESS OF THE NUMBER OF INCIDENTS OR CLAIMS, AND REGARDLESS OF THE NATURE OF THE DAMAGE, LOSS, CLAIM, OR CAUSE OF ACTION.

YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITE, CONTENT, SERVICES OR ANY LINKED SITE IS TO STOP YOUR USE OF IT.  TO THE EXTENT THAT APPLICABLE LAW RESTRICTS THIS RELEASE OF LIABILITY, YOU AGREE THAT APIJECT IS ONLY LIABLE TO YOU FOR THE MINIMUM AMOUNT OF DAMAGES PERMITTED UNDER THE LAW.

BY USING THE WEBSITE, YOU ASSUME ALL RISK ASSOCIATED WITH THAT USE. UNDER NO CIRCUMSTANCES WILL APIJECT BE LIABLE FOR ANY DAMAGES WHATSOEVER ARISING OUT OF THE USE OR PERFORMANCE OF THE WEBSITE OR OF INDIVIDUAL WEBPAGES ON THE WEBSITE, EVEN IF APIJECT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION, AND ANY OTHER TORT. IF THE FOREGOING LIMITATION OF LIABILITY SHALL BE FOR ANY REASON HELD UNENFORCEABLE OR INAPPLICABLE, THEN APIJECT’S AGGREGATE LIABILITY SHALL NOT EXCEED FIVE HUNDRED DOLLARS ($500).

Jurisdictional Issues
If your jurisdiction has provisions specific to waiver of liability that conflict with the above liability limitations, then our liability is limited to the smallest extent possible by law.

IF YOU ARE A RESIDENT OF CALIFORNIA, YOU SPECIFICALLY WAIVE THE APPLICABILITY OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” YOU HEREBY WAIVE ANY SIMILAR PROVISION IN ANY OTHER LAW, REGULATION, OR CODE THAT HAS THE SAME INTENT OR EFFECT AS THE ABOVE RELEASE.


Indemnification
You agree to indemnify and hold harmless APIJECT and any of its affiliates, employees, officers, directors, agents, successors, contractors, and assigns for any claims by you or any third party, which may arise from or be related to these Terms of Use or the provision of our Website Materials to you or the permitted use by others. You also agree that you have a duty to defend us against such claims, and we may require you to pay for attorneys of APIJECT’s choice in such cases. You agree that this indemnity extends to requiring you to pay for our reasonable attorneys’ fees, court costs, and disbursements. In the event of a claim as described in this section, we may elect to settle with the party or parties making the claim, and you shall be liable for the damages as though we had proceeded with a trial or other formal resolution of the dispute.

Miscellaneous

Assignment. You may not assign your rights or obligations under these Terms of Use to any other party without our prior written consent, and any unauthorized assignment and delegation by you is void and completely ineffective.

Choice of Law. The validity and applicability of these Terms of Use is governed by the laws of the State of Delaware. The offer and acceptance of these Terms of Use are deemed to have occurred in the State of Delaware.

Resolving Disputes. In the event of a dispute between you and us arising out of, or relating in any way to, these Terms of Use, the Website Materials or your use of the Website Materials (“Disputes”), you agree that any Disputes will be heard solely within the Small Claims Court of Delaware  (“Small Claims Court”). If a Dispute has multiple claims and one or more of those claims would be eligible to be heard by the Small Claims Court, you agree not to bring the other claims against us and to instead proceed within the Small Claims Court. If you would be entitled in a Dispute to an amount exceeding the monetary jurisdiction of the Small Claims Court, you agree to waive your right to collect any damages in excess of the monetary jurisdiction and instead still bring your claim within the Small Claims Court.

Except as specifically stated herein, all other Disputes not eligible for resolution in Small Claims Court will be resolved exclusively by final, binding arbitration under the Federal Arbitration Act. The arbitration will be administered by the American Arbitration Association and conducted before a single arbitrator under its rules. If you bring a Dispute in a manner other than in accordance with this section, you agree that we may move to have it dismissed, and that you will be responsible for our reasonable attorneys’ fees, court costs, and disbursements in doing so.

You agree that you may bring claims against us only in your individual capacity and not as a plaintiff or class member in any purported class or representative proceeding. In addition, you agree that Disputes shall be arbitrated only on an individual basis and not in a class, consolidated, or representative action.

Notwithstanding anything to the contrary in these Terms of Use, either party may bring suit in court of competent jurisdiction in the State of Delaware, seeking an injunction or other equitable relief arising out of or relating to the infringement of a party’s or a third party’s intellectual property rights. You agree that any Dispute arising out of or related to the Services must commence within one year after the cause of action creating the Dispute occurs. Otherwise, any Dispute relating to such cause of action is permanently barred.

Severability. If any provision of these Terms of Use is found to be unlawful, conflicting with another provision of these Terms of Use, or otherwise unenforceable, these Terms of Use will remain in effect as though they had been entered into without the unenforceable provision. If two or more provisions are deemed to conflict with each other’s operation, we have the sole right to elect which provision remains in effect.

Non-Waiver. APIJECT reserves all rights afforded to it under these Terms of Use as well as under the provisions of any applicable law. APIJECT’s non-enforcement of any particular provision or provisions of these Terms of Use or any applicable law may not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.


Entire Agreement.
  Unless you and APIJECT have entered into a separate written agreement, these Terms of Use are the entire agreement between you and APIJECT regarding the Website and supersede all prior agreements, statements, or understandings. If any provision of these Terms of Use is held to be invalid or unenforceable by a court or other legal authority having jurisdiction over APIJECT, then such provision will be superseded by a valid enforceable provision that most closely matches the intent of the original provision and the remaining provisions shall be enforced. Any failure by APIJECT to enforce its rights under these Terms of Use shall not waive APIJECT’s right to enforce subsequent or similar breaches, whether by you or by any other person.