Terms of Use
Thea Pharma Inc (iVIZIA)
Effective Date: December 2023
Last Updated: December 2023
Thea Pharma Inc. (a U.S. affiliate of Laboratoires Théa S.A.S (“Laboratoires Théa”)) and its affiliates (“TPI” or “We“) are happy to make this Website and the materials on this Website (collectively, the “Website“) available for your informational purposes only. Please read these Terms of Use (“Terms“) before using this Website. By using this Website, you agree to all of these Terms. Please note that we reserve the right to change or replace these Terms, in whole or in part, at any time without notice by updating this posting.
IMPORTANT NOTICE: YOUR USE OF THE WEBSITE IS SUBJECT TO AN ARBITRATION PROVISION BELOW, REQUIRING ALL CLAIMS TO BE RESOLVED VIA BINDING ARBITRATION.
CERTAIN ACKNOWLEDGEMENTS
You acknowledge and agree with each of the following:
TPI is not engaged in rendering medical or similar professional services or advice. The information on this Website is not intended to, and does not, replace medical advice offered by a healthcare provider. If you require medical advice, please consult a professional healthcare provider. You agree not to rely on any information on the Website to make health-related decisions.
TPI may terminate, change, suspend or discontinue any aspect of this Website, including the availability of any features or Content (as defined below) at any time.
TPI may impose limits on certain features and services or restrict your access to parts or all of this Website without notice or liability. TPI may terminate your use of this Website at any time at its sole discretion.
TPI does not warrant that the functions or informational materials contained in or accessed through this Website are free of computer viruses or other harmful components.
You agree that TPI may, in its sole discretion and without prior notice, terminate your access to the Website and/or block your future access to the Website if TPI determines that you have violated these Terms of Use or other agreements or guidelines associated with your use of the Website. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to TPI, for which monetary damages would be inadequate, and you consent to TPI obtaining any injunctive or equitable relief that TPI deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies TPI may have at law or in equity.
You agree to indemnify and hold TPI, its existing and future officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against TPI by any third party due to or arising out of or in connection with your use of the Website.
USER CONDUCT
You agree at all times when using this Website:
- to use this Website solely for your personal, informational, non-commercial, and non-political purpose;
- not to create or use a false identity on this Website;
- not to attempt or actually use another’s account or information;
- not to attempt to obtain unauthorized access to this Website or portions of this Website that are restricted from general access;
- not to disrupt or interfere with any other user’s enjoyment of this Website or linked websites;
- not to introduce viruses, corrupted data or other harmful, disruptive or destructive files;
- not to disrupt or interfere with the security of this Website and any services, system resources, servers or networks connected to or accessible through this Website or linked websites;
- not to violate any law, contract, intellectual property or other third-party right or commit a tort; and
- not to transmit through or on this Website spam, chain letters, junk mail or any other type of unsolicited mass email to people or entities who have not agreed to be part of such mailings.
PROPRIETARY RIGHTS
You acknowledge and agree that all text, graphics, drawings, video, audio, product or service listings, design, configurations, files, software and other Content provided on this Website and the selection and arrangement of the same (collectively “Content“) is protected by U.S. and international intellectual property laws, including without limitation copyright. You further acknowledge and agree that Laboratoires Théa and licensors are and remain the owners of the Content and all intellectual property rights embodied therein. Laboratoires Théa, through TPI, make the Content available to you solely for your personal, informational and non-commercial use. You may not copy, modify, distribute, publicly perform or display, frame, republish, post, transmit or sell the Content or any portion thereof in any form or by any means, without Laboratoires Théa’s prior written consent. You may not extract, collect or harvest, through electronic means or otherwise, any data or data fields from this Website.
All trademarks, service marks, product names, company names and logos on this Website (the “Marks“) are the property of Laboratoires Théa or its affiliates or licensors. You may not copy or use any of the Marks, or any marks likely to cause confusion, without the prior written consent of Laboratoires Théa. Some of the Website Content is, in particular, Théa® logo, Thealoz®, S.F.T. STERI-FREE TECHNOLOGY™ logo, ABAK™ are property of Laboratoires Théa. The Théa logo is property of Laboratoires Théa.
ABAK™ bottle is patented “pat. N° US7971755, US9174777, US10857067 and US11116694
Nothing contained in this Website will be construed as conferring any right or license to any party. All rights not expressly granted herein are reserved to Laboratoires Théa, TPI or their respective owners; there are no implied licenses granted under these Terms.
The website may include features that allow you to upload, submit, or send content through the website (e.g., the contact form) (“Your Content”). This section provides the terms and conditions governing your use of such features.
By submitting Your Content to the website, you grant Laboratoires Théa and TPI a worldwide, perpetual, irrevocable, non-exclusive, royalty-free, sub-licensable, and transferable license to use, reproduce, distribute, create derivative works of, adapt, display, and perform Your Content in all media now known or hereafter created without attribution. You hereby waive all moral rights to Your Content. You represent and warrant that you have the necessary rights to Your Content, including the right to grant a license to your rights in this Agreement.
You agree that you will not use the website to send:
- Any content that is obscene, defamatory, threatening, harassing, abusive, slanderous, racially, or ethnically offensive, hateful, or embarrassing to any other person or entity or that infringes the intellectual property of a third party;
- Any materials that violate, could cause us or a third party to violate, or encourage us or a third party to violate any applicable law, statute, ordinance, or regulation; or
- Any content or communications intended to impersonate someone else.
Your Suggestions. In addition to the license you grant to us, above, for Your Content, if you elect to provide or make available suggestions, comments, ideas, improvements, or other information or materials (collectively, “Suggestions”) to us in connection with or related to the website and Laboratoires Théa or TPI’s products or services (including any related technology), whether you send such Suggestions to us through the website or through a separate communication channel, you grant Laboratoires Théa and TPI a worldwide, perpetual, irrevocable, non-exclusive, royalty-free, sub-licensable, and transferable license under any and all rights in and to the Suggestions to use, reproduce, distribute, create derivative works of, adapt, display, perform, and otherwise exploit, and to make, have made, sell, offer to sell, and import any products and services incorporating or based on, Suggestions in any manner.
LINKS AND THIRD PARTY CONTENT
This Website might include links to third party Websites. TPI makes these links available as a convenience to you but their inclusion on the Website does not constitute an endorsement, sponsorship or recommendation by TPI of the linked Websites or any Content, services or products available on or through such Websites or the companies associated with such Websites.
TPI does not review or control the Content of third party Websites, including without limitation the privacy policies governing such sites. TPI expressly disclaims any responsibility for the Content of any third party Website linked to this Website. If you link to any third party Website, you do so strictly at your own risk. TPI urges you to read the privacy policies at each of the Websites you visit.
NOTICE ON TESTIMONIALS
In accordance with the Federal Trade Commission (“FTC”) guidelines concerning use of endorsements and testimonials in advertising, you should be aware of the following:
Testimonials posted on our Website are given verbatim, provided that we might have corrected grammatical or typing errors and might have shortened the testimonial if it were lengthy or repetitive
DISCLAIMERS AND LIMITATION OF LIABILITY
TPI and licensors make available this Website on an “as is” and “as available” basis for your personal, informational and non-commercial purposes only. TPI makes no representation or warranty that this Website or its Content will meet your requirements, or that this Website or its Content will be uninterrupted, timely, secure or error free. TPI does not make any warranty as to the results that may be obtained from use of, or the accuracy, completeness or reliability of, this Website or the Content. You expressly agree that use of this Website is at your sole risk
To the fullest extent permissible under applicable law, TPI and licensors disclaim all warranties of any kind, whether express, implied or statutory, including without limitation any implied warranty of merchantability, fitness for a particular purpose and title and non-infringement.
Under no circumstances will TPI, it’s officers, directors, employees, agents, licensors or suppliers be liable to any party for any direct, indirect, incidental, special, exemplary or consequential damages, whether based on contract, tort, negligence, strict liability or otherwise, in connection with any use of or the inability to use this Website or the Content or any Content or services accessible through this Website, or any Website linked to this Website, including without limitation damages for loss of profits, use, data or other intangibles, even if TPI has been advised of the possibility of such damages. If, notwithstanding the other provisions of these Terms of Use, TPI is found to be liable to you for any damage or loss which arises out of or is any way connected with your use of this Website, TPI’s liability shall in no event exceed $1,000.
The above disclaimers and limitation of liability apply to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, security breach, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action, and shall apply to the fullest extent permitted by the law of the applicable jurisdiction.
You acknowledge that TPI does not control information, products or services offered by third parties through this Website. TPI and its affiliates assume no responsibility for and make no representation or warranty as to the accuracy, currency, completeness, reliability or usefulness of any advice, opinion, statement or other Content or of any products or services distributed or made available by any third party. Some states and jurisdictions do not allow the limitation or exclusion of certain warranties or conditions; thus, the above limitations might not apply to you. If you are dissatisfied with any portion of this Website or with any of these Terms, then the sole and exclusive remedy for you is to discontinue using this Website.
Notices and Procedure for Making Claims of Copyright Infringement
If you believe that anything on the Website infringes upon any copyright which you own or control, you may file a notification of such infringement with our Designated Agent as set forth below.
Name of Agent Designated: Vice President of Marketing
Address Where Notification Should be Sent:
Thea Pharma Inc
303 Wyman Street, Suite 205
Waltham, MA 02451
Telephone Number: +1 (800) 240-9780
Please see 17 U.S.C. § 512(c)(3) for the requirements of a proper notification. You should note that if you knowingly misrepresent in your notification that the material or activity is infringing, you will be liable for any damages, including costs and attorneys’ fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.
DISPUTE RESOLUTION
You agree that all matters relating to your access to or use of the Website, including all disputes, will be governed by the laws of the United States and by the laws of the Commonwealth of Massachusetts without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in the Commonwealth of Massachusetts in the County of Middlesex or of the United States of America for the District of Massachusetts, and waive any objection to such jurisdiction or venue. Any claim under these Terms of Use must be brought within one year after the cause of action arises, or such claim or cause of action is barred. The prevailing party will be entitled to costs and attorneys’ fees.
- Arbitration Procedure. All disputes arising out of, or relating to, these Terms (including formation, performance, breach, enforceability, and validity of these Terms), our operation of the website, or a purchase made through the website shall be resolved by final and binding arbitration to be held in the English language in the Commonwealth of Massachusetts in the County of Middlesex or of the United States of America for the District of Massachusetts or another mutually agreed upon location pursuant to the Commercial Arbitration Rules of the American Arbitration Association. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of these Terms, including any claim that all or any part of these Terms is void or voidable.
- Waiver of Class Actions; Jury Trials. We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial.
- Injunctive Relief. Without prejudice to the agreement to resolve disputes in binding arbitration set forth in the previous paragraph, either party to these Terms may obtain preliminary injunctive relief in a court of competent jurisdiction, for the purpose of enforcing any of these Terms pending a final determination in arbitration or permanent relief for the purpose of enforcing arbitral awards.
MISCELLANEOUS
These Terms constitute the entire agreement between you and TPI with respect to your use of this Website. These Terms apply exclusively to your access to and use of this Website and do not alter the terms or conditions of any other agreement that you might have with TPI. Please note that if you visit the Website of any other TPI affiliate, then you will be subject to the Website terms of use of such Website, which may differ from these Terms.
TPI failure to insist on or enforce strict performance of these Terms of Use shall not be construed as TPI waiver of any provision or any right it has to enforce these Terms of Use, nor shall any course of conduct between TPI and you or any other party be deemed to modify any provision of these Terms of Use.
If any provision of these Terms is held invalid or unenforceable by any court of competent jurisdiction, then (i) the provision of the Terms held invalid or unenforceable only in part or degree will remain in full force and effect to the extent not held invalid or unenforceable and (ii) the other provisions of these Terms will remain in full force and effect. The parties further agree to replace such invalid or unenforceable provision, or portion thereof, with a valid and unenforceable provision that will achieve, to the extent possible, the economic, business and other purposes of such invalid or unenforceable provision.