Last Modified: April 27, 2021
The Portal is offered and available to users who are eighteen (18) years of age or older. The dissemination of the information available on or through the Portal may be subject to differing or disparate medical and regulatory requirements depending upon the country from which it is accessed, and it is incumbent upon you to abide by any such medical or regulatory requirements. The information available on or through the Website is available to the public for educational purposes only; it should not be used for diagnosing or treating a health problem or disease. It is not intended to substitute for consultation with a licensed healthcare provider. We cannot answer unsolicited emails requesting personal medical advice; please consult your healthcare provider.
Updates You understand that the Portal and the Application may evolve over time. The Company may modify the Portal or the Application from time to time at our sole discretion and without notice, including adding, modifying, removing, and replacing the features, functions, and services available, enabled, or otherwise accessible. As a result, the Company may require you to accept updates to the Application installed on your computer or mobile device; additionally, you may need to install or to update certain third-party software on your computer or mobile device from time to time in order to use the Application or to access the Portal via a compatible browser or other software application.
Data All information submitted by you to the Portal or collected through the Application will remain your data, but you acknowledge and agree that the Company may use such data for its internal business purposes, to optimize existing algorithms, features, or functionality, or otherwise to modify, improve, or enhance the Application or the Portal; accordingly, you grant the Company a nontransferable, nonexclusive, perpetual license (without the right to sublicense) to access and use the data that you provide to the Portal or through the Application for these purposes.
Term and Termination This EULA and the license granted to you are effective on the date you install the Application or otherwise access the Portal, and shall continue unless terminated by either party pursuant to this paragraph. The Company may terminate this EULA immediately upon notice to you, unless, in our sole discretion, your continued use of the Portal or the Application may subject us to third-party liability, in which case we may terminate this EULA immediately without notice to you. You may terminate this EULA at any time, with or without cause. If this EULA is terminated, your license to use the Application and to access the Portal shall terminate immediately. Upon termination of the EULA for any reason, you shall be denied access to the Portal and must cease any further use of the Application and permanently delete it from your computer and mobile devices.
Restrictions The rights granted to you in this EULA are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, outsource, disclose, or otherwise commercially exploit the Application or any part of the Portal, or make the Application or any portion of the Portal available to any third party; (b) you shall not modify, make derivative works of, disassemble, reverse compile, or reverse engineer any part of the Application or the Portal; (c) you shall not access the Application or the Portal in order to build a similar or competitive product or service; (d) except as expressly stated herein, no part of the Application or the Portal may be copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means, including but not limited to electronic, mechanical, photocopying, recording, or other means; and (e) any future release, update, or other addition to functionality of the Application provided by the Company (if any) shall be subject to the terms of this EULA unless the Company expressly states otherwise. You shall preserve all copyright and other proprietary rights notices on the Application and all copies thereof.
Additional Agreements In the event that you are granted access to the Portal or the Application in accordance with another agreement with the Company, additional terms and conditions (including, without limitation, access restrictions, payment terms, data submission limits or usage limitations, and the like) may apply, depending upon the nature of such an agreement. In the event of a conflict between this EULA and the terms and conditions of such other agreement, the terms and conditions of this EULA shall prevail, but only to the extent of such conflict. In addition to the Company’s termination rights set forth elsewhere, the Company reserves the right to terminate your license to access the Portal in the event of your breach of any other such agreement with the Company through which you are granted such access.
Accessing the Portal / Account Security
We reserve the right to withdraw or amend the Website, the Portal, and any service or material we provide on either, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website, including the Portal, is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Portal, or the entire Website, to users, including registered users of the Portal.
You are responsible for making all arrangements necessary for you to have access to the Portal.
If you choose or are provided with a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Portal or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
Security & Data Privacy
The Company will implement commercially reasonable and industry-accepted efforts to maintain our security systems in such a manner as to minimize the threat of unauthorized access to the Portal and the features and functionality provided there. Notwithstanding our commercially reasonable efforts, however, you acknowledge that use of a portal environment for the services that you are accessing necessarily involves the transmission of data over networks that are not owned, operated, or controlled by us, and that we are not responsible for any data that are lost, altered, intercepted, or stored across such networks. We cannot guarantee that our security procedures will be error-free, that transmissions of data will always be secure, or that unauthorized third parties will never be able to defeat our security measures or those of our third-party service providers.
Intellectual Property Rights
The Website (including the Portal) and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are or may be protected by the United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
You must not:
You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website except as noted above.
The Company name as well as the term “WARMUTH,” the Company logos and taglines, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on the Website are the trademarks of their respective owners.
Additionally, you agree not to:
The Website may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features (collectively, "Interactive Services") that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, "post") content or materials (collectively, "User Contributions") on or through the Portal or the Website.
All User Contributions must comply with the Content Standards set forth below and published or modified by Company from time to time.
Any User Contribution you post will be considered non-confidential and non-proprietary. By providing any User Contribution, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns, the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose.
You represent and warrant that:
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Website.
Monitoring and Enforcement; Termination
We have the right to:
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER THE COMPANY, SUCH PARTIES, OR LAW ENFORCEMENT AUTHORITIES.
However, we do not undertake to review all material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for the performance or nonperformance of the activities described in this section.
These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:
If you believe that any User Contributions violate your copyright, please contact us (https://www.warmuthinstitute.com/contact-us) for instructions on sending us a notice of copyright infringement. It is the policy of the Company to terminate the user accounts of repeat infringers.
Reliance on Information Posted
The information presented on or through the Website (including the Portal) is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
The Website may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
Changes to the Website or the Portal
We may update the content on the Website or the Portal from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website or the Portal may be out of date at any given time, and we are under no obligation to update such material. In that regard, the Company may modify the Website from time to time at our sole discretion and without notice, including adding, modifying, removing, and replacing the features, functions, and services available, enabled, or otherwise accessible. As a result, you may need to install or update certain third-party software on your computer or mobile device from time to time in order to access certain features or functionality of the Website via a compatible browser or other software application.
Information About You and Your Visits
Linking to the Website and Social Media Features
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part.
The Website may provide certain social media features that enable you to:
You may use these features solely as they are provided by us and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:
You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.
We may disable all or any social media features and any links at any time without notice at our discretion.
Links from the Website
If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to the Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
The owner of the Website is incorporated in New Jersey in the United States, and makes no representation that the Website, the Portal, or any content is appropriate for, or may be legally accessed, downloaded, or used by, persons residing in any particular country or jurisdiction. We provide the Website and access to the Portal for use only by persons who are legally capable of contracting with the Company in the jurisdiction from which such persons are accessing the Website. Access to the Website, including the Portal, may not be legal by certain persons or in certain countries; accordingly, if you gain access, you do so on your own initiative and are responsible for compliance with any applicable local laws, regulations, or ordinances. You may not use or export or re-export the materials on or accessible through the Website, or any copy or adaptation, in violation of any applicable laws or regulations, including without limitation, United States export laws and regulations, or those export laws or regulations that are applicable in your particular jurisdiction.
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED STRICTLY AND EXCLUSIVELY ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE OR WITH RESPECT TO THE CONTENT ACCESSIBLE VIA THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE PORTAL, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
The limitation of liability set out above does not apply to liability resulting from our gross negligence or willful misconduct.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Governing Law and Jurisdiction
Limitation on Time to File Claims
Waiver and Severability
Your Comments and Concerns
The Website is operated by
Warmuth Institute of Dermatology
420 Front Street
Elmer, NJ 08318
All feedback, comments, requests for technical support, and other communications relating to the Website should be directed to: email@example.com.