Terms Of Use

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE TO BE SURE YOU UNDERSTAND THEM COMPLETELY.

Acceptance of Terms

These Terms of Use govern your access to and use of every website (“Website”) operated by Semprae Laboratories, a subsidiary of Innovus Pharmaceuticals Inc., its subsidiaries and affiliate companies (collectively, “Semprae”). These Terms of Use are a legally binding agreement between you and Semprae, and contain important information about our Website and your use of our Website. If you do not agree to these Terms of Use, please do not use our Website. PLEASE NOTE: Your use of this Website constitutes your acceptance of these Terms of Use.

We may modify these Terms of Use at any time, and will post the modified Terms of Use on this Website. We will have no obligation to notify you of any such modifications, beyond posting the modified Terms on this Website. It is your responsibility to review these Terms of Use from time to time, to see if modifications have been made. Any modification is effective immediately upon posting on the Website. Your continued use of the Website following modification of these Terms of Use will be conclusively deemed to signify your acceptance of such modification.

Proprietary Website

The Website is protected by U.S. and international copyright laws and treaties. The Website contains copyrighted material, trademarks and other proprietary information belonging to us and to others which may include, but shall not be limited to text, data, photos, audio, video, graphics, images, music, sound and software (“Proprietary Material”). You are hereby granted a non-exclusive license to access this Proprietary Material. You are also granted a limited license to download and/or make copies of Proprietary Material available on this Website, but only for your personal use, and provided that if you download or print a copy of the Proprietary Material, you retain all copyright and other proprietary notices thereon. Except as expressly provided in these Terms of Use, all other rights are reserved to us. Except as provided above, you may not reproduce, distribute, modify, adapt, create derivative works of, display, transmit, broadcast, sell, license or in any way exploit the Proprietary Material available on this Website, in whole or in part, without our advance written consent. Commercial use of any Proprietary Material is strictly prohibited.

You agree not to use any of the trademarks on this Website as metatags on other websites, and you agree not to display this Website in frames, or any of the Proprietary Material via links, without our express written permission, which may be requested by contacting us. You agree not to use any manual or automated device or process to gather or extract data from this Website or to monitor or fetch pages available at the Website.

Your Communications

By uploading files of any kind, posting messages, inputting data or engaging in any other form of communication to or through this Website (individually or collectively, “Communications”), you represent and warrant (i) that you are the owner of such Communications or have all rights necessary to upload, post, transmit and otherwise use them for your intended purpose, and (ii) that all information (i.e., testimonials) submitted by you on this Website shall be truthful and valid.

You grant us an irrevocable, perpetual, non-exclusive, royalty-free, unrestricted, worldwide license to reproduce, distribute, sub-license, modify, edit, adapt, translate, create derivative works of, include in a collective work, publicly perform or display, transmit, broadcast or otherwise exploit all or any portion of your Communications, for any purpose, in any and all media now known or later developed. You waive all rights to any claim against us for any actual or alleged infringement of any proprietary rights, rights of privacy or publicity, moral rights and rights of attribution in connection with the Communications.

You agree to use this Website only for the purposes for which we make it available. You further agree not to upload, post, email, transmit or otherwise make available any Communications that (a) violate or infringe upon the intellectual property rights (including copyrights, trademarks, trade secrets and patents), rights of privacy or publicity, moral rights or any other proprietary right of any third party, (b) are unlawful, obscene, pornographic, defamatory, profane, threatening, promote racism, bigotry, hatred or physical harm of any kind against any group or individual, or are otherwise offensive or objectionable, (c) contain, install or promote any virus, worm, Trojan Horse, spyware, malware or other computer code designed to interrupt, destroy or limit the functionality of any computer hardware or software or telecommunications equipment, (d) are libelous or slanderous, contain false or misleading statements of fact, or misrepresent your identity or your affiliation with any person or entity, (e) contain any unsolicited or unauthorized advertising or promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation, (f) use “robots” or otherwise harvest from this Website the email addresses of others, or (g) violate any applicable local, state, national or international law or regulation (individually and collectively, “Prohibited Communications”).

We reserve the right at all times to decline to post and to edit, remove, or restrict access to Communications from you that we regard in our sole discretion as objectionable or in violation of these Terms of Use.

Public Forums

This Website may make chat rooms and message boards available to its users. Semprae reserves the right to discontinue any users’ use of any such public forum for any reason. Your participation in these areas of the Website is solely at your own risk. Information that is disclosed in these areas becomes public information and you should exercise caution when deciding to disclose any personal information. Be aware that when you voluntarily disclose information such as your email address on the bulletin boards or in the chat areas that others can collect that information and send you unsolicited messages from their own systems.

Semprae reserves the right in its sole discretion to restrict visitor’s access to any area of the Website as we deem necessary. All information in these areas is subject to our review, random monitoring, editing, deletion or blocking in our sole discretion and without prior notice. We may assign moderators for discussions in chat rooms, but we cannot control the comments of users. You may not post or transmit any message which discloses private or personal matters concerning others. You may not post or transmit any material which may in our discretion be indecent, obscene or pornographic, or violates the property rights of others. The transmission or posting of advertising, promotional materials or any other solicitation of other users to use goods or services by visitors in these areas is prohibited. You may not impersonate any other person or entity, whether actual or fictitious, including impersonating an employee or consultant of Semprae. If any chat room is being abused, we reserve the right to close it at any time for any period of time.

Material Posted by Third-Parties

We do not represent, endorse or guarantee the accuracy, integrity, quality, reliability or appropriateness of any opinion, statement, information or material displayed or distributed through this Website by a third party, including another user. You understand that by using this Website you may be exposed to information that is inaccurate or unreliable or material you find offensive or objectionable, and in this respect your use of the Website and your reliance upon any third party opinion, statement, information or material displayed or distributed through this Website is at your own risk. We shall have no responsibility for the conduct, on-line or off-line, of any visitor to or user of the Website. We reserve the right but have no obligation to monitor Communications from users of this Website or other third parties, or take any action to restrict access to material displayed or distributed through this Website by a user or other third party that violates these Terms of Use.

This Website Does Not Provide Medical Advice

The information provided on this Website is reviewed by medical professionals. The information, however, is not intended, nor should it be used as a substitute for professional medical advice from your own healthcare provider. You should not use the information on our Website to diagnose or treat a health problem or disease. The provision of healthcare services should be performed by your personal physician, psychologist/psychiatrist or therapist. You should consult your own physician or qualified health care provider regarding the applicability of any suggestions you receive from this Website, and any questions or concerns you may have with respect to any symptoms that may be related to a possible medical condition or disorder. Semprae assumes no responsibility for your use of information from this Website. Semprae expressly disclaims all responsibility and liability arising from your use of or reliance on this Website, as well as for any claims that may result directly or indirectly from your use of this information or product, including, but not limited to, claims for medical malpractice, personal injury or product liability. We do not diagnose on this Website. We do not treat, cure or prevent medical conditions or disorders, nor do we prescribe medications or treatments for anyone using this Website. In addition, clinical study reports, publications, articles, graphs, etc contained on this Website written by independent medical professionals are fully disclosed as such.

Links

This Website may contain links to websites owned and operated by others. We have no control over such third party websites and we are not responsible for their contents and make no representations about any material available at such third party sites. Our inclusion of links to such websites is for your information only and does not imply sponsorship, affiliation or endorsement of the linked site or any material found there. Once you link to another website, you are subject to the terms of use of that website.

Your account

If you use this Website, you are responsible for maintaining the confidentiality of your user account (ID and password) and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. To have a user account, you must be a least eighteen (18) years of age or older. Semprae reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion. You agree that the registration information you provide is accurate, complete and current, and you further agree to promptly update that information to keep it accurate, complete and current. We will not be responsible for any damages resulting from the unauthorized use of your user ID or password. You agree to notify us immediately of any such unauthorized use or any other breach of security.

Digital Millennium Copyright Act

We expect our users to respect the intellectual property rights of others. We may remove material that appears in our sole discretion to infringe upon the intellectual property rights of others and we will terminate the access rights of any repeat infringer. If you believe a work protected by a U.S. copyright you own has been posted on this Website without authorization, you may notify our copyright agent, and provide the following information:

  •  A physical or electronic signature of the person authorized to act on behalf of the copyright owner.
  • Identification of the copyrighted work or works claimed to have been infringed.
  • A detailed description of the material you claim is infringing, together with information sufficient to enable us to locate it, including the URL where the infringing material appears.
  • Your name, mailing address, telephone number and email address.
  • A statement by you that you believe in good faith belief that the copyrighted material identified is being used in a manner that is not authorized by the copyright owner, its agent or the law.
  • A statement by you that the above information is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of the copyright allegedly infringed.

Our copyright agent can be reached at:

    Semprae Laboratories, Inc.
Subsidiary of Innovus Pharmaceuticals, Inc.
    160 Pehle Ave.,
    Park 80 East, Suite 301
    Saddle Brook, NJ 07663
    Attn: Rachel Braun Scherl, President

By Email:
    rbscherl@semprae.com

By Telephone:
    877-493-7872

EMAIL

We have no responsibility or liability for the deletion of or failure to post or store any Communications from you. You may not use our domain name as a pseudonymous return email address for any communications that you transmit from another location or through another service. You may not pretend to be someone else – or spoof their identity – when using this Website or any of the services or resources available here. You may not transmit to this Website email that includes false or misleading information in the return address or in the subject line.

PRIVACY POLICY

For information about our data protection practices, please read our Privacy Policy at www.zestra.com/privacy. You agree to the use of your data in accordance with our Privacy Policy.

TERMINATION

We may terminate your right to access this Website at any time in our sole discretion, with or without cause, and without notice to you.

DISCLAIMER OF WARRANTIES

YOU AGREE THAT YOUR USE OF THIS WEBSITE WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THIS WEBSITE AND YOUR USE THEREOF, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY, COMPLETENESS, CURRENCY OR RELIABILITY OF ANY MATERIAL PROVIDED BY OR THROUGH THIS WEBSITE, AND ASSUME NO LIABILITY OR RESPONSIBILITY FOR (A) ANY ERRORS, OR OMISSIONS IN CONTENT OR MATERIALS, (B) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY PERSONAL OR FINANCIAL INFORMATION STORED THEREON, (D) ANY BUGS, VIRUSES, WORMS, TROJAN HORSES, SPYWARE OR OTHER MALWARE OR MALICIOUS COMPUTER CODE TRANSMITTED THROUGH THIS WEBSITE, (E) ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THIS WEBSITE OR ANY SITE LINKED TO THIS WEBSITE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING THAT APPEARS ON THIS WEBSITE. YOU ARE SOLELY RESPONSIBLE FOR ANY AND ALL DAMAGE TO OR LOSS OF PROPERTY, OR PERSONAL INJURY OR DEATH THAT MAY RESULT FROM YOUR ACCESS TO AND USE OF THIS WEBSITE.
LIMITATION OF LIABILITY

WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF YOUR USE OF THIS WEBSITE, INCLUDING BUT NOT LIMITED TO (A) THE USE OR INABILITY TO USE THIS WEBSITE, (B) STATEMENTS OR CONDUCT, WHETHER ON-LINE OR OFF-LINE, OF ANY VISITOR TO OR USER OF THIS WEBSITE, OR (C) ANY OTHER CONDUCT, ACT OR OMISSION OCCURRING AT THIS WEBSITE. IN NO EVENT WILL OUR LIABILITY TO YOU EXCEED $100.

INDEMNITY

You agree, at your expense, to defend, indemnify and hold Semprae, and its directors, officers, employees and agents harmless from any claim, demand, cause of action, debt or liability (including costs and reasonable attorneys’ fees) that arises out of your use of this Website, the unauthorized use of your ID or password, material you access, download, submit, post, transmit or make available through this Website, your violation of these Terms of Use, any business or other transaction between you and another user of this Website, or your violation of any rights of a third party.

INTERACTIONS WITH OTHERS

You are solely responsible for your interactions, both on-line and off-line, with other visitors to or users of this Website, and with persons you meet through such visitors or users. You understand and acknowledge that we do not screen our users, inquire into their backgrounds or attempt to verify the information they provide. In all interactions, whether on-line or off-line, with other visitors to or users of this Website and with persons you meet through such visitors or users, you agree to take all precautions necessary to protect yourself, your property and your personal and financial information. IN NO EVENT SHALL WE BE LIABLE FOR AND YOU AGREE TO RELEASE US FROM LIABILITY FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE ARISING OUT OF OR RELATING TO YOUR USE OF THIS WEBSITE, INCLUDING WITHOUT LIMITATION, DAMAGE TO OR LOSS OF PROPERTY, EMOTIONAL DISTRESS, BODILY INJURY OR DEATH RESULTING FROM YOUR COMMUNICATIONS OR OTHER CONTACT, WHETHER ON-LINE OR OFF-LINE, WITH VISITORS TO OR USERS OF THIS WEBSITE, OR PERSONS YOU MEET THROUGH SUCH VISITORS OR USERS.

ELIGIBILITY

Use of this Website is void where prohibited. You represent that you are of legal age to form a binding contract with us and are not barred from using this Website by the laws of the United States or the country in which you reside.

GENERAL

These Terms of Use, together with our Privacy Policy, constitute the entire agreement between you and us and govern your use of this Website, superseding any prior or contemporaneous representations or agreements. All rights not otherwise expressly granted to you by these Terms of Use are reserved to us. All disputes arising out of or relating to these Terms of Use or our operation of this Website shall be governed by the laws of the state of New Jersey and of the United States without regard to conflict of law principles. You agree to submit to the personal and exclusive jurisdiction of the state and federal courts located in New Jersey, provided that we shall be entitled to apply for injunctive relief in any jurisdiction. Our failure of to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid or unenforceable, the parties agree that the court should give effect to the parties’ intentions as reflected in such provision, and the other provisions of the Terms of Use shall remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of this Website or the Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in these Terms of Use are for convenience only and have no legal or contractual effect.