LifeScience Therapy LLC, a Kansas limited liability company along with its various affiliates and subsidiaries (collectively known as “LST”) states that the following terms and conditions (“Terms”) govern the use of all LST websites, products and software which includes all websites owned and operated by LST (the “LST Tools”). Accessing and viewing the LST Tool or downloading or printing information from the LST Tool (hereby known as “Use” or “Using”), conveys your acceptance of these Terms as outlined below. For purposes of these Terms, an individual Using the LST Tools is a User. If you do not accept these Terms, you do not have permission to Use the LST Tool and should exit immediately. By Using the LST Tool, you are entering into an agreement with LST on your behalf or on behalf of your child that you understand the Terms and agree to abide by them. This agreement is the legal equivalent of a signed and written contract that is legally binding.
- Proprietary Rights. All material contained in the LST Tool is protected by law, including but not limited to, United States copyright law. Except as indicated, LST is the owner of the copyright in the entire content (including trademarks, service marks, text, graphics, logos, email messages, bulletin board postings, brochures, communications and newsletters), as well as the various website addresses, and LST hereby reserves all rights in that regard. LST grants permission to access, view, download, copy, print and distribute non-confidential information found on the LST Tool provided the copyright notice appears on all copies, use is for internal informational purposes only, and no modification is made to any materials. You may not reproduce, display, publish, transmit, distribute or otherwise use the materials from the LST Tool for any public or commercial purpose without the prior written permission of LST. LST owns all trademarks, service marks or other logos featured on the LST Tool, and any use or misuse of these trademarks, service marks or logos is expressly prohibited and may be a violation of federal and state law.
- Disclaimer of Liability and Warranty. USE OF THE LST TOOL IS ENTIRELY AT YOUR OWN RISK. LST PROVIDES THE LST TOOLS ON AN “AS IS” AND “WHEN AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. IN NO EVENT WILL LST OR OTHER THIRD PARTIES MENTIONED OR REFERENCED ON THE LST TOOL, BE LIABLE FOR ANY DAMAGES, INCLUDING BUT NOT LIMITED TO SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, ARISING OUT OF THE USE, INABILITY TO USE, OR RELIANCE UPON THE LST TOOLS, OR ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, DEFECTS, DELAYS OR SYSTEM MALFUNCTION OF THE LST TOOL, REGARDLESS OF WHETHER LST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. LST DOES NOT GUARANTEE THAT ACCESS TO THE LST TOOL WILL BE UNINTERRUPTED, THAT ALL LINKS WILL WORK, OR THAT YOU WILL HAVE ACCESS TO ALL INFORMATION.
- Indemnity. By Using the LST Tool, you agree to indemnify, defend and hold harmless LST, its affiliates and subsidiaries, and all of their respective directors, officers, employees, representatives, proprietors, partners, servants, principals, agents, predecessors, successors, assigns, and attorneys from and against any and all fines, suits, proceedings, claims, causes of action, demands or liabilities of any kind or of any nature arising out of or in connection with Use of the LST Tool and any breach by you of the Terms herein.
- User Communications, including Email, via the LST Tool. All information, ideas, suggestions, bulletin board postings, surveys, feedback, comments, questions or other communication (hereby known as “Communication”) you transmit or provide through the LST Tool are, and will be treated as, non-confidential and non-proprietary, unless such Communication is classified as “protected health information” pursuant to the Health Insurance Portability and Accountability Act (HIPAA). (For more information on our Privacy Policies, please click here). Use of the LST Tool and any submission of Communications is entirely at your own risk or your child’s own risk. The User is responsible for whatever Communication is submitted and the User has full responsibility for any submitted Communication, including its legality, reliability, appropriateness, originality, and copyright. LST prohibits any posting or transmission of a Communication that is unlawful, encourages unlawful behavior or is otherwise inappropriate. LST reserves the right to refuse or block any Communication or Use of the LST Tool that is unlawful, encourages unlawful behavior, or is otherwise inappropriate. LST strives to maintain control of the LST Tool, within the constraints of current technology; however, as is customary for non-encrypted Internet email communications, your email may be accessed and viewed by other Internet users, without your knowledge and permission, while in transit to LST. For that reason, to protect your privacy, you should not use email to communicate information to LST that you consider to be confidential, especially any protected or personally identifiable health information. LST disclaims all liability with respect to any unauthorized access by third parties.
- No Healthcare Advice. The LST Tool offers general information and services only and is not intended for specific individuals, ailments, or symptoms, nor are they tailored to your individual health needs. All health-related Communication and services through the LST Tool should not be used in place of information or services received from a licensed, practicing healthcare professional. By Using the LST Tool, LST does not initiate any healthcare relationship (such as, but not limited to, a doctor/patient relationship). LST does not warrant, endorse, or take any responsibility for your use of health-related communication, information, or services available through externally-linked websites. LST holds no responsibility or liability for the use, misuse, or failure to use healthcare-related communication, information, or services available on the LST Tool or through externally-linked website. You are fully responsible for your use, misuse, or failure to use healthcare-related communication, information, or services on the LST Tool or available through externally-linked website. Contact your licensed, practicing healthcare professional for specific communication, information, and services regarding your individual healthcare needs
- Updates, Corrections and Changes. LST does not warrant or guarantee the completeness, accuracy, or timeliness of any or all information available on the LST Tools or on externally linked website. LST reserves the right to modify or delete any or all information at any time without notice. Furthermore, LST is not responsible for your use, misuse, or failure to use any or all information or services that have been modified or deleted. LST has no obligation to update any information or content on the LST Tools. LST may also make improvements and/or changes in the information or content contained in the LST Tools at any time without prior notice.
- Links to External Website. Links to external websites are provided by LST as a service to you. LST does not endorse, approve, certify, or control these external websites and does not guarantee the content, accuracy, completeness or timeliness of information located at such website. These externally linked websites are maintained by third parties and the responsibility and liability of all information and services rests solely with them. Any access to externally linked websites is entirely at your own risk. LST is not responsible for the accuracy or reliability of any information, data, opinions, advice or statements made on these websites. LST is not responsible for the functionality of external links or for the functionality of the websites themselves. Links to external websites may be removed at any time without notice.
- Cookies. LST, at its sole discretion, may use what is known as “cookie” technology. A “cookie” is a data element sent to your browser by a website when you link to that website. By assigning a unique data element to each visitor, the web LST Tool is then able to recognize repeat users and track usage patterns to better serve visitors when they return to that web LST Tool. The cookie does not extract Protected Health Information (PHI) or Personally Identifiable Information (PII). (For more information on our Privacy Policies, please click here.) Most browsers provide a simple procedure that enables users to control whether they want to receive cookies or notifies them when a website is about to deposit a cookie file. LST reserves the right to make use of cookie technology. Your web browser may allow for the disabling of cookies if you do not wish to receive them; however certain portions of the website may not function properly without them. The LST Tools will only use cookies that LST has created and stored on your computer. Neither LST nor the LST Tools will access nor make use of any other cookies on your computer that were generated from organizations other than LST.
- Governing Law and Jurisdiction. These Terms will be governed and construed in accordance with the laws of the State of Kansas, without reference to its choice of law. By accessing, viewing, or using the material contained within the LST Tools, you consent to the jurisdiction of the federal and state courts, as applicable, presiding in Johnson County, Kansas, and agree to accept service of process by mail and hereby waive any and all jurisdictional and venue defenses otherwise available.
- Warnings. Unauthorized access to secured databases or circumvention of security measures on the LST Tools may be a violation of state and/or federal laws. Access to and use of password-protected and/or secure areas of the LST Tools is restricted to authorized users only. Unauthorized individuals attempting to access these areas of the LST Tools may be subject to prosecution.
- Hyperlinks. LST makes no representation or warranty whatsoever and assumes no responsibility or liability whatsoever in connection with the accuracy, completeness, suitability, functionality, or operation of the website which may be hyperlinked to or from the LST Tool. LST is in no way responsible for the views, content or accuracy of any website which is either hyperlinked to or from the LST Tool, nor does LST endorse any content, products or services that may be advertised or noted on these websites.
- Use of Publications. Use of forms, fliers, manuals and other documents (hereby known as “Publications”) are for Users. Publications may be saved on User’s computer and may be printed in sufficient quantities for Users. LST grants permission to Users to access, view, download, copy, print and distribute Publications found on the LST Tools provided that Publications contain copyright notices on all copies, Publications are for internal purposes only, Publications are never used for any public or commercial purpose, and Publications are never modified. Any other use of Publications other than those stated above is prohibited without prior written permission from LST.
- Entire Agreement. The Terms contained herein constitute the entire agreement between you and LST with respect to your use of the LST Tools. If any part of these Terms is held to be invalid or unenforceable for any reason, the remaining parts will remain in full force and effect. You acknowledge that, in providing access to and use of the LST Tools, LST has relied on your agreement to be legally bound by these Terms.