Terms of Use

TERMS OF USE

Date of Last Revision: July 15, 2016
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. BY ACCESSING OR USING THIS SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED OR REFERENCED IN THESE TERMS OF USE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS WEB SITE.

THE CONTENT ON THIS SITE IS FOR INFORMATIONAL PURPOSES ONLY AND IS NOT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. NO PATIENT PHYSICIAN RELATIONSHIP IS FORMED AS A RESULT OF YOUR USE OF THE SITE. EGGSURANCE IS NOT RESPONSIBLE FOR ERRORS OR OMISSIONS IN ANY INFORMATION OR MATERIALS CONTAINED ON THE SITE INCLUDING, WITHOUT LIMITATION, PROFESSIONAL INFORMATION. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ ON THIS SITE.

These terms and conditions of use (“Terms of Use”) apply exclusively to your access to, and use of, the Eggsurance (“Eggsurance”) website located at www.eggsurance.com (the “Site”), the services provided therein (the “Services”), and any text, graphics, images, information, or data contained on or pertaining to the Site or its users (“Content”). These Terms of Use do not
alter in any way the terms or conditions of any other agreement you may have with Eggsurance, or its subsidiaries or affiliates, for products, services or otherwise. If you are using the Site on behalf of any entity, you represent and warrant that you are authorized to accept these Terms of Use on such entity’s behalf, and that such entity agrees to indemnify you and Eggsurance for violations of these Terms of Use.

Eggsurance reserves the right to change or modify these Terms of Use at any time and in its sole discretion. Eggsurance will provide notice of these changes by posting the revised terms on the Site and indicating on the Terms of Use the date it was last updated. Any changes or modifications will be effective immediately upon posting the revisions on the Site but will affect only your rights and obligations concerning your use of the Site after the date the revised terms were posted. Your continued use of this Site following the posting of the modified Terms of Use will constitute your acceptance of such changes or modifications. If you do not agree to the amended terms, you must stop using the Site.

YOUR USE

Eggsurance authorizes you to view or download a single copy of the Content on the Site solely for your personal, noncommercial use if you include all copyright and proprietary rights notices that are contained in the Content. Any Content accessible within the Site is owned by Eggsurance or its suppliers. You may not use the Site except as specifically allowed under these Terms of Use. Without limiting the generality of the foregoing, you may not, (a) use any
scraper, spider, crawler, or other technology used to harvest any Content on the Site, (b) frame the Site, or otherwise attempt to co­brand the Content of the Site, or (c) use the Site if you are a competitor of Eggsurance. Any special rules for the use of certain software and other items accessible on the Site may be included elsewhere within the Site and are incorporated into these Terms and Conditions by reference. All rights not expressly granted herein are reserved to Eggsurance and its licensors, and no rights shall arise by implication, estoppel, or otherwise. Title to the Content remains with Eggsurance or its licensors. If you violate any of these Terms of Use, your permission to use the Site and any Content automatically terminates.

YOUR ACCOUNT

If you submit Content you must create an account and provide certain and accurate information. You are responsible for maintaining the confidentiality of your account password. You are also responsible for all activities that occur in connection with your account. You agree to notify us immediately of any unauthorized use of your account. We reserve the right to close your account at any time for any reason or no reason.

Your account is for your personal, non­commercial use only. You may not impersonate anyone else, create or use an account for anyone other than yourself, provide an email address other than your own, or create multiple accounts.

 

YOUR SUBMISSIONS

If you have an account, you may submit information to us, or anyone else using the Site, at your own risk. Before you submit any Content, you must consider and decide the extent to which you wish to reveal information about yourself to Eggsurance and its community of users. You may not communicate to Eggsurance or its users any information which could be harmful to you. You assume all risks associated with your Content including, without limitation, anyone’s reliance on its quality, accuracy, or reliability, any disclosure by you of information that makes you
personally identifiable, any Content that violates applicable law, or any infringement of the rights of third parties.

You do not have to submit anything to us, but if you choose to submit any Content, you grant, and hereby represent that you own, or have the necessary permissions to use and authorize the use of your Content as described herein. You grant to Eggsurance, and its successors and assigns, an irrevocable, perpetual, non exclusive, transferable, fully paid, royalty­free, worldwide license (with the right to sublicense) to store, use, copy, publish, distribute, transmit using any form of communication or display, publicly perform, reformat, translate, excerpt (in whole or in part), prepare derivative works of, incorporate into other works, and otherwise dispose of, such Content. Subject to Eggsurance’s privacy policy, Eggsurance rights to your Content are for any purpose at any time, commercial, advertising, or otherwise, on or in connection with Eggsurance or the Site or promotion of either, and Eggsurance may assign, and grant and authorize sublicenses of, any of the rights you have granted to Eggsurance. You specifically waive any residual or moral rights you may have in any Content you provide including, without limitation, any rights of attribution or integrity. Among other things, this license survives even if your
Content is removed by you or anyone else from Eggsurance. Eggsurance may remove your Content at any time, for any reason or no reason.

You are subject to, and should carefully read, Eggsurance’s privacy policy before deciding to become a user of the Site. Content which you may choose to provide might, or is likely to, identify you individually, or reveal your gender, ethnic origin, nationality, religion, sexual orientation, location, or personal medical condition. You consent to such Content being revealed and used consistent with these Terms of Use and Eggsurance’s privacy policy.

Eggsurance may disclose information about you to third parties if we have a good faith belief that disclosure is reasonably necessary to (a) take action regarding suspected illegal activities;
(b) enforce or apply our Terms of Use or privacy policy; (c) comply with legal process or other government inquiry, such as a search warrant, subpoena, statute, judicial proceeding, or other legal process served on Eggsurance; or (d) protect our rights, reputation, and property, or that of our users, affiliates, or the public. If you use the Site outside of the United States, you consent to having your personal data transferred to and processed in the United States.

The Site may include various forums, blogs, and chat rooms where you can post your observations and comments on designated topics. Eggsurance does not exercise any control over any Content you or others submit while using the Site. In addition, Eggsurance makes no representations or warranties concerning any Content including, without limitation, its accuracy, or whether Eggsurance is complying with any requirements that may be imposed on you or Eggsurance’s other users concerning the Content. Eggsurance has no obligation to verify the identity of any users, or to remove or store any Content for any reason. Nothing Eggsurance does in responding to any user communications concerning Content, or editing or removing any Content, shall give rise to any obligation on Eggsurance concerning any Content. Should you believe that someone is misusing or otherwise appropriating your information, you must immediately inform Eggsurance.

Eggsurance cannot guarantee that other users will not retain or use any of the Content you share. Therefore, if you have an idea or information that you would like to keep confidential and/or don’t want others to retain or use, do not post it on the Site. Eggsurance IS NOT RESPONSIBLE FOR YOUR, OR ANY OTHER USER’S CONTENT, OR ANY POSTING, USE, MISUSE, OR MISAPPROPRIATION OF ANY CONTENT OR INFORMATION POSTED IN ANY FORUMS, BLOGS, OR CHAT ROOMS.

WHAT YOU MAY NOT DO

As a condition to using the Site, you may not do, and may not assist others in doing, any of the following:
duplicate, license, sublicense, publish, broadcast, transmit, distribute, perform, display, sell, rebrand, otherwise transfer or commercially exploit Eggsurance or any Content you find on the Site, except for any Content posted by you, and except as permitted in this Agreement;
reverse engineer, decompile, disassemble, decipher, or otherwise attempt to derive the source code for any underlying intellectual property used to provide any part of the Site;
use intellectual property of Eggsurance, or any other user’s Content, to adapt, modify or create derivative works based on such intellectual property or Content;
rent, lease, loan, trade, sell/re­sell access to the Site or any Content, except Content posted by you; deep­link to the Site (i.e. include a link to a web page on the Site other than the Site’s
home page) for any purpose; use automated methods to add contacts, send messages, or other activities; attempt to or actually override any security component included in or underlying the Site; use any Eggsurance application to send any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation to people who don’t know you or who are unlikely to recognize you as a known contact; send any software viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment of Eggsurance or any user of the Site; forge headers or otherwise manipulate identifiers in order to disguise the origin of any communication transmitted through the Site;
use the Site to advertise or engage in any transaction pertaining to medications of any kind; post any commercial messages or solicitations.

 

LIABILITY OF EGGSURANCE AND ITS LICENSORS

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

Eggsurance, its licensors, and suppliers make no representations or warranties about the following:
(a) The accuracy, reliability, completeness, or timeliness of the Content, software, text, graphics, links, or communications provided on or through the use of the Site or Eggsurance.
(b) 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 Site.

Eggsurance is not responsible, and assumes no liability for, any Content provided by any of its users, account holders, or other third parties, which may appear on its site.
THE SITE AND THE CONTENT ARE PROVIDED ON AN “AS IS” BASIS. EGGSURANCE, ITS LICENSORS, AND SUPPLIERS DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF THIRD PARTY RIGHTS, AND ANY WARRANTIES ARISING OUT OF CONDUCT.
EXCEPT AS SPECIFICALLY SET FORTH IN THIS PARAGRAPH, IN NO EVENT SHALL EGGSURANCE, ITS LICENSORS, SUPPLIERS, OR THIRD PARTIES MENTIONED ON THE 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,
INFRINGEMENT, DEFAMATION, LOSS OR INVASION OF PRIVACY, DISCLOSURE OF PERSONALLY IDENTIFIABLE INFORMATION, OR OTHERWISE) RESULTING FROM THE USE OF OR INABILITY TO USE THE SITE OR THE CONTENT, OR ANY OTHER MATTER, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT EGGSURANCE IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EGGSURANCE’S AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS SHALL BE THE LESSER OF ACTUAL DAMAGES INCURRED BY YOU OR $10.00.
EGGSURANCE IS NOT LIABLE FOR ANY PERSONAL INJURY, INCLUDING DEATH, CAUSED BY YOUR USE OR MISUSE OF THE SITE, OR CONTENT.

 

ADVERTISEMENTS, SEARCHES AND LINKS TO OTHER SITES

Eggsurance may select certain sites as priority responses to search terms you enter and may agree to allow advertisers to respond to certain search terms with advertisements or sponsored content. In addition, Eggsurance and its users may include or automatically produce links to third party web sites (“Third Party Sites”). Eggsurance may also include Content, goods, services, or items belonging to or originating from third parties (the “Third Party Materials”).
If you decide to leave the Site and access the Third Party Sites or use or install any Third Party Materials, you do so at your own risk and you should be aware that these terms and policies may no longer govern. You should review the applicable terms and policies, including privacy and data gathering procedures, of any site to which you navigate from the Site or relating to any applications you use or install from the Site. Eggsurance is not responsible for, and does not endorse any advertising, products, or other materials or content on or available from Third Party Sites and Eggsurance disclaims any responsibility or liability for any Third Party Materials or for the actions or failure to act of those providing such Third Party Materials.

 

INDEMNITY

You will indemnify Eggsurance and agree to hold it, and its owners, managers, employees, and agents, and their respective successors and assigns, harmless from any and all damages, losses and costs (including, without limitation, reasonable attorneys’ fees) related to third party claims, charges or investigations, caused by (a) your failure to comply with these Terms of Use,
(b) any Content you submit to the Site or Eggsurance, (c) your use or reliance on any Content posted on the Site, or (d) any activity in which you engage on or through the Site.

 

CLAIMS REGARDING COPYRIGHT INFRINGEMENT

Pursuant to the Digital Millennium Copyright Act, 17 U.S.C. sec. 512, Eggsurance has designated an agent to receive notices of claimed copyright infringement. If you believe in good faith that your work has been copied in a way that constitutes copyright infringement, please provide Eggsurance’s Copyright Agent the following information:
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; A description of the copyrighted work that you claim has been infringed;
A description of where the material that you claim is infringing is located on the Site;
Your address, telephone number, and e­mail address; A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and A statement by you, made under penalty of perjury, that the above information in your
notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Upon receipt of the written notification containing the information outlined in 1 through 6 above: Eggsurance may remove or disable access to the material that is alleged to be infringing; Eggsurance may forward the written notification to such alleged infringer; and
Eggsurance may take reasonable steps to promptly notify the alleged infringer that it has removed or disabled access to the material.

Counter­Notification:
If the alleged infringer believes that a notice of copyright infringement has been wrongly filed against it and it would like to submit a counter­notification, it may file a Counter­Notification in Response to Claim of Copyright Infringement with Eggsurance’s Copyright Agent (a “Counter­ Notification”).

To be effective, a Counter­Notification must be a written communication provided to the Eggsurance’s Copyright Agent for Notice that includes the following information:
A physical or electronic signature of the alleged infringer; Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled; A statement under penalty of perjury that the alleged infringer has a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and The alleged infringer’s name, address, and telephone number, and a statement that the alleged infringer consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the alleged infringer’s address is outside of the United States, for any judicial district in which Eggsurance may be found, and that the alleged infringer will accept service of process from the person who provided notification or an agent of such person. Upon receipt of a Counter­Notification containing the information as outlined in 1 through 4 above: Eggsurance may promptly provide you with a copy of the Counter­Notification; Eggsurance may inform you that it will replace the removed material or cease disabling access to it within ten (10) business days; and Eggsurance may replace the removed material or cease disabling access to the material within ten (10) to fourteen (14) business days following receipt of the Counter­Notification, provided Eggsurance’s Copyright Agent for Notice has not received notice from you that an action has been filed seeking a court order to restrain the alleged infringer from engaging in infringing activity relating to the material on Eggsurance’s network or system.

You may want to seek the advice of independent legal counsel before filing a notification or counter­notification.

GENERAL

Eggsurance is based in Los Angeles, California, United States of America. Eggsurance makes no claims that Eggsurance 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 Site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

 

JURISDICTION

You expressly agree that exclusive jurisdiction for any dispute with Eggsurance, or in any way relating to your use of the Site, resides in the State of California, United States of America and you further agree and expressly consent to the exercise of personal jurisdiction in such courts in connection with any such dispute including any claim involving Eggsurance 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 or the United Nations Convention on the International Sale of Goods. 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 Site, these Terms of Use and the Eggsurance privacy policy and Agreement constitute the entire agreement between you and Eggsurance with respect to the use of the Site and Content.