Last Updated: August 29, 2020
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.
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.
Representations, Warranties and Disclaimers
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:
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).
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.
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.