Terms & Conditions

Terms of Use

Thank you for visiting www.OutTheMonster.com (the “website”), which is owned and provided by Orexo US, Inc. (“Orexo US, Inc.,” also referred to as “we,” “us,” and “our”) and its subsidiaries and affiliated companies. Your use and access of the website is governed by and subject to the following terms of use (“Terms”). If you do not agree to these terms or if you do not agree with our Privacy Policy, which is available at http://www.OutTheMonster.com/privacypolicy/, please do not use the website or any services offered by the website. BY ACCESSING, BROWSING, OR OTHERWISE USING THE WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO THESE TERMS OF USE.

This website provides information available about a range of topics. Like any printed material, it may become out of date over time. It is important that consumers rely on the advice of a healthcare professional to employ good clinical judgment for the specific conditions of individual patients. This information is not intended to be a substitute for the advice of a healthcare professional, or a recommendation for any particular treatment plan.


CHANGES TO TERMS
We may update these Terms from time to time and may amend them at any time to incorporate additional terms specific to additional features, materials, information, products, opportunities, or services that we may make available on or through the website. All such updates and amendments are effective immediately upon notice thereof, which we may give by any means, including, but not limited to, by posting a revised version of these Terms or other notice on the website. You should view these
Terms often to stay informed of changes that may affect you, as your continued use of the website signifies your continuing consent to be bound by these Terms. We expressly reserve the right to make any changes to these Terms, or to the website and its content, at any time, without prior notice to you.

Your Use of The Website
Subject to these Terms and our Privacy Policy, you are granted a limited license to use the website and the functionality provided by the website to upload, store, display, aggregate, organize, and share certain information and content (“Content”) and to copy, display, and use the functionality, materials, features, and services provided by the website (collectively the “Materials” and as further defined below) solely for your personal, noncommercial use. The design and layout of the website are specifically excluded from the Materials.

Intellectual Property Ownership
Except for your Content, all text, content, documents, names, logos, trademarks, service marks, brand identities, characters, trade names, graphics, designs, copyrights, trade dress, or other intellectual property appearing in the website, and the organization, compilation, look and feel, illustrations, artwork, videos, music, software and other works on the website (the “Materials”) are owned by Orexo US, Inc. and its affiliates or used with permission or under license from a third party (hereinafter collectively referred to as the “Owner”) and are protected under copyright, trademark, and other intellectual property and proprietary rights laws. As between Orexo US, Inc. and you, all right, title and interest in and to the Materials will at all times remain with Orexo US, Inc. and/or its Owners. The word “Orexo,” the “Orexo” logo, and other marks, logos, and titles are registered and/or common law trade names, trademarks, or service marks of Orexo US, Inc. All Content is the sole responsibility of the user who provided it and is stored upon Orexo US, Inc.’s servers and/or system solely at the direction of such user. Orexo US, Inc. reserves all other rights. Except as expressly provided herein, nothing on the website shall be construed as conferring any license under Orexo US, Inc.’s and/or its Owner’s intellectual property rights, whether by estoppel, implication, or otherwise. Notwithstanding anything herein to the contrary, Orexo US, Inc. may revoke any of the foregoing rights and/or your access to the website, or any part thereof, including the blocking of your IP Address, at any time without prior notice.

You retain ownership of your Content, and you hereby grant Orexo US, Inc. and its designees a worldwide, non-exclusive, sublicensable (through multiple tiers), assignable, royalty-free, fully paid-up, perpetual, irrevocable right to use, reproduce, distribute (through multiple tiers), create derivative works of, and publicly display and perform (publicly or otherwise) your Content, solely in connection with the website (including without limitation for purposes of promoting the website). Please note that, while you retain ownership of your Content, any template or layout in which you arrange or organize such Content through tools and features made available through the website are not proprietary to you, and can be used by Orexo US, Inc. and others for any purposes. You acknowledge and agree that you have no rights in any such template and/or layout, and such template or layout shall be the sole and exclusive property of Orexo US, Inc. You represent, warrant and covenant that (i) you own or otherwise possess all necessary rights with respect to your Content, and (ii) your Content does not and will not infringe, misappropriate, use or disclose without authorization, or otherwise violate any intellectual property or proprietary right of any third party, and are not unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene, or otherwise objectionable.

Restrictions on Use
No other use of the website or Materials is authorized. You agree that any copy of the Materials (or any portion of the Materials) that you make must retain all copyright and other proprietary notices contained herein or therein. Framing of the website or website Materials or posting of Materials on other websites is strictly prohibited. The use or misuse of any Materials, except as provided in these Terms or in the Materials, is strictly prohibited. You shall not, without Orexo US, Inc.’s express written consent: (i) distribute text or graphics to others; (ii) copy and retransmit, disseminate, broadcast, circulate, or otherwise distribute the Materials on any other server, or modify or reuse all or part of the Materials on this system or any other system; (iii) use any trade name, trademark, or brand name of Orexo US, Inc. in metatags, keywords and/or hidden text; (iv) copy, distribute, modify, transmit, perform, reuse, repost, or otherwise display the Materials, in whole or in part, for public or commercial purposes or modify, translate, alter, or create any derivative works thereof; (v) create derivative works from the Materials or commercially exploit the Materials, in whole or in part, in any way; (vi) use the website, the Materials, and/or any portion thereof, in any manner that may give a false or misleading impression, attribution, or statement as to Orexo US, Inc., the Owner, or any third party referenced therein; (vii) use the Materials, and/or any services and products on the website or accessible via the website for unlawful purposes only; or (viii) alter, remove or obscure any copyright notice, digital watermarks, proprietary legends or any other notice included in the Materials.

Acceptable Use Restrictions
Your use of the website is conditioned upon your compliance with the following rules (“Acceptable Use Restrictions”):

You shall not upload to, transmit through, or display via the website any Content that: (i) is unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable, or infringes our or any third party’s intellectual property or other rights; (ii) contains confidential, proprietary, or trade secret information of any third party; (iii) violates the rights of others, including without limitation any privacy rights or rights of publicity; (iv) impersonates any person or entity, falsely states or otherwise misrepresents your affiliation with any person or entity, or uses any fraudulent, misleading or inaccurate email address or other contact information; (v) violates any applicable laws or regulations; (vi) makes any statement, express or implied, that you are endorsed by Orexo US, Inc. or its affiliates; (vii) harms minors in any way, including, but not limited to, by depicting content that violates child pornography laws, child sexual exploitation laws and laws prohibiting the depiction of minors engaged in sexual conduct; (viii) contains any unsolicited promotions, political campaigning, advertising or solicitations; (ix) in our sole judgment is inappropriate or objectionable or which restricts or inhibits any other person from using or enjoying the website, or which may expose Orexo US, Inc., its affiliates, or any of their respective officers, directors, employees, or other users to any harm or liability of any type.

You shall not use the website to engage in any of the following activities: (i) accessing, using, or uploading Content to, or attempting to access, use, or upload Content to another user’s account without permission; or (ii) transmitting, uploading, or downloading, any software or other materials that contain any viruses, worms, trojan horses, defects, date bombs, time bombs, or other items of a destructive nature.

You shall not: (i) modify, adapt, sublicense, translate, sell, reverse engineer, decompile, or disassemble any portion of the website; (ii) remove any copyright, trademark, or other proprietary rights notices contained in or displayed on any portion of the website; (iii) “frame” or “mirror” any portion of the website, or link to any Material other than via the homepage of the URL located at http://www.OutTheMonster.com or the URLs provided by us to you for such purposes, without our prior written authorization; (iv) use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, data mine, or in any way reproduce or circumvent the navigational structure or presentation of the website; or (v) harvest or collect information about or from users of the website without their express consent and, if such consent is provided, only pursuant to applicable law. Orexo US, Inc. does not endorse any user submission or any opinion, recommendation, or advice expressed therein, and Orexo US, Inc. expressly disclaims any and all liability in connection with user Content. Orexo US, Inc. does not permit copyright infringing activities and infringement of intellectual property rights on the website, and Orexo US, Inc. reserves the right to remove Content without prior notice and/or to terminate a user’s access to the website, if the user has been notified of infringing activity and has had Content removed from the website more than twice. Orexo US, Inc. also reserves the right to decide whether Content is appropriate and complies with these Acceptable Use Restrictions at any time, without prior notice and at its sole discretion.

Links
The website may contain links allowing you to leave the website for other sites that are not under our control (“Linked Sites”). Orexo US, Inc. provides the Linked Sites to you only as a convenience and does not endorse any Linked Sites. Orexo US, Inc. is not responsible for the contents or transmission of any Linked Site or any link contained in a Linked Site or for ensuring that the Linked Sites contain no errors or viruses. Orexo US, Inc. is not responsible for these Terms or privacy practices of the Linked Sites or any link contained in the Linked Sites. Your linking to any Linked Site or any other off-site page or other site is entirely at your own risk. Orexo US, Inc. encourages you to carefully read the policies of each site you visit.

Submitted Ideas
While Orexo US, Inc. appreciates your interest in Orexo US, Inc. and the website, Orexo US, Inc. does not want and cannot accept any ideas or information you consider confidential and/or proprietary. Except with respect to your personally identifiable information (as expressly provided for in the Privacy Policy), all comments, suggestions, ideas, notes, drawings, concepts, or other information disclosed or offered to us by you through the website or in response to solicitations on the website shall be deemed to be nonconfidential and nonproprietary and shall be the exclusive property of Orexo US, Inc. Further, you understand and acknowledge that Orexo US, Inc. employs both internal and external resources which may have developed or may in the future develop ideas identical to or similar to your suggestions or comments to suggestions and that Orexo US, Inc. is only willing to consider the suggestion on these terms. In any event, you acknowledge and agree that Orexo US, Inc. assumes no obligation of confidentiality or nondisclosure, express or implied by considering your suggestion or idea. Without limitation, Orexo US, Inc. shall exclusively own, and you hereby irrevocably transfer and assign to Orexo US, Inc., all now known or hereafter existing rights in and to the suggestion, and Orexo US, Inc. shall be entitled to unrestricted use of the suggestion for any purpose whatsoever, commercial or otherwise, without any form of compensation.

Orexo US, Inc. Online Privacy Policy
Orexo US, Inc. takes your privacy very seriously. Orexo US, Inc.’s online Privacy Policy is incorporated herein by reference and describes the collection, use, and sharing of certain personally identifiable information that may be provided in connection with the use of the website. Please read and understand our Privacy Policy before accessing or using the website.

Promotions
In addition to the terms and conditions of these Terms, any contests, sweepstakes, surveys, games, or similar promotions (collectively, “Promotions”) made available through the website may be governed by specific rules that are separate from these Terms. By participating in any such Promotion, you will become subject to those rules, which may vary from the terms and conditions set forth herein. We urge you to review any specific rules applicable to a particular Promotion, which will be linked from such Promotion, and to review our Privacy Policy, which in addition to these Terms, governs any information you submit in connection with such activities. To the extent that the terms and conditions of such rules conflict with these Terms, the terms and conditions of such rules shall control.

United States Only
By using the website, you agree and acknowledge that the website is hosted in the United States. If you are attempting to access the website from a physical location within the European Union, Asia, or any other region with laws or regulations governing personal data collection, use, and disclosure that differ from United States laws, please be advised that through your continued use of this website, you are transferring your personal information to the United States. Any legal action brought under or in connection with your use of the Websites shall be brought only in the United States District Court for the Southern District of New York or, if such court would not have jurisdiction over the matter, then only in a New York State court sitting in the Borough of Manhattan, City of New York. Each party hereby completely and irrevocably submits to the exclusive jurisdiction of these courts and agrees not to commence any legal action under or in connection with the subject matter of this Agreement in any other court or forum. Each party waives any objection to the laying of the venue of any legal action brought under or in connection with the subject matter of this Agreement in the federal or state courts sitting in the Borough of Manhattan, City of New York, and agrees not to plead or claim in such courts that any such action has been brought in an inconvenient forum.

Disclaimers
WITHOUT LIMITING THE FOREGOING, THE MATERIALS AND ALL OTHER FEATURES ON THE WEBSITE ARE PROVIDED TO YOU “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND WITH RESPECT TO THE WEBSITE AND/OR MATERIALS, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NONINFRINGEMENT. SHOULD APPLICABLE LAW NOT PERMIT THE FOREGOING EXCLUSION OF EXPRESS OR IMPLIED WARRANTIES, THEN OREXO US, INC. HEREBY GRANTS THE MINIMUM EXPRESS OR IMPLIED WARRANTY REQUIRED BY SUCH APPLICABLE LAW. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OREXO US, INC., ITS EMPLOYEES, AGENTS, SUPPLIERS OR ANY OTHER PERSONS SHALL CREATE ANY WARRANTY, REPRESENTATION, OR GUARANTEE NOT EXPRESSLY STATED IN THIS SECTION. ADDITIONALLY, OREXO US, INC. DOES NOT MAKE ANY WARRANTIES THAT THE WEBSITE WILL BE UNINTERRUPTED, SECURE OR ERROR FREE OR THAT YOUR USE OF THE WEBSITE WILL MEET YOUR EXPECTATIONS, OR THAT THE WEBSITE, MATERIALS, OR ANY PORTION THEREOF, IS CORRECT, ACCURATE, OR RELIABLE. OREXO US, INC. RESERVES THE RIGHT TO CHANGE ANY PART OF THE WEBSITE AT ANY TIME WITHOUT NOTICE.

Limitation of Liability
YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK. NEITHER OREXO US, INC., ITS AFFILIATES, NOR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, OR OTHER REPRESENTATIVES WILL BE LIABLE FOR ANY DAMAGES, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME, PROFIT OR GOODWILL, LOSS OF OR DAMAGE TO PROPERTY, AND CLAIMS OF THIRD PARTIES ARISING OUT OF YOUR ACCESS TO OR USE OF THE WEBSITE OR ARISING OUT OF ANY ACTION TAKEN IN RESPONSE TO OR AS A RESULT OF ANY MATERIALS OR OTHER INFORMATION AVAILABLE ON THE WEBSITE, HOWEVER CAUSED, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PROPRIETARY RIGHTS INFRINGEMENT, PRODUCT LIABILITY OR OTHERWISE. THE FOREGOING SHALL APPLY EVEN IF OREXO US, INC. WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU BECOME DISSATISFIED IN ANY WAY WITH THE WEBSITE OR ITS TERMS OF USE OR PRIVACY POLICY, YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP YOUR USE OF THE WEBSITE AND ITS SERVICES. YOU HEREBY WAIVE ANY AND ALL CLAIMS AGAINST OREXO US, INC. AND ITS AFFILIATES, AGENTS, REPRESENTATIVES, AND LICENSORS ARISING OUT OF YOUR USE OF THE WEBSITE. BECAUSE SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF DAMAGES, THESE PROVISIONS MAY NOT APPLY TO YOU. IF ANY PORTION OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF OREXO US, INC. AND ITS AFFILIATES SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100.00). THE LIMITATION OF LIABILITY HEREIN IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN AND REFLECTS A FAIR ALLOCATION OF RISK. THE WEBSITE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS AND YOU AGREE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY, DISCLAIMERS, AND EXCLUSIVE REMEDIES SPECIFIED HEREIN WILL SURVIVE EVEN IF FOUND TO HAVE FAILED IN THEIR ESSENTIAL PURPOSE.

No Framing; Links; Third-Party Websites
Framing, in-line linking, or other methods of association with the website are expressly prohibited without prior written approval from Orexo US, Inc.

Ability to Accept Terms of Use
You affirm that you are more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms.

No Archive
Notwithstanding anything contained herein, the functionality provided to you by the website and the Orexo US, Inc.’s systems, networks, and servers are not an archive and Orexo US, Inc. shall have no liability to you or any other person for loss, damage, or destruction to your Content or any other information submitted to or via the website. You shall be solely responsible for (i) uploading your Content, (ii) preventing any loss or damage to your Content, and (iii) maintaining independent archival and backup copies of any Content.

Assignment
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Orexo US, Inc. without restriction.

Termination
Orexo US, Inc. may cancel, suspend, or block your use of the website without notice if there has been a violation of these Terms or our Privacy Policy. Your right to use the website will end once your Member Account is terminated, and any data you have stored on the website, including Content and Materials, may be unavailable later, unless Orexo US, Inc. is required to retain it by law. You may terminate your Member Account at any time. Orexo US, Inc. is not responsible or liable for any records or information made unavailable to you as the result of your termination of your Member Account. YOU AGREE THAT OREXO US, INC. WILL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY TERMINATION OF YOUR ACCESS TO THE WEBSITE, CONTENT, OR MATERIALS.

Any limitations on liability that favor Orexo US, Inc. will survive the expiration or termination of these Terms for any reason.

Miscellaneous
Orexo US, Inc.’s failure to enforce any provision of these Terms shall not be deemed a waiver of such provision nor of the right to enforce such provision. If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law, including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms shall continue in effect. A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Last updated: [April 17, 2015]

© 2015 Orexo US, Inc.

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