ON TARGET LABORATORIES
Effective Date: [04/01/2021]
Please note that we may update these Terms from time to time and we ask that our visitors periodically review this page to ensure familiarity with the most current version of these Terms. The most current version of these Terms will be posted on this page. If you have any questions or comments about these Terms or our privacy practices, you can contact us at [firstname.lastname@example.org].
Please note that certain sections of the Sites may be intended only for particular audiences such as health care professionals, patients and/or the general public. All content including images, text documents, audio, video, and interactive media published on the Sites (collectively, “Content”) is presented in summary form and is provided for informational purposes only. The Content is intended to help patients and medical providers better understand certain health conditions and treatment options. The Content is not intended in any way to be a substitute for professional medical advice and should not be interpreted as treatment recommendations. Only a physician who has had an opportunity to interact with the patient in person, with access to the patient’s records and the opportunity to conduct appropriate follow-up, can provide recommendations for treatment.
Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition or prescription. Neither the Content nor any other service offered by or through the Sites is intended to be relied on for medical diagnosis or treatment, without a physician’s interaction and involvement. Never disregard medical advice or delay in seeking advice or treatment because of something you have read on the Sites.
Many pharmaceutical products are only available upon prescription from a medical doctor or qualified medical professional. Product information on the Sites is not intended to provide complete medical information. Complete medical information about prescription medicines (including their beneficial medical uses and possible adverse effects) should be obtained directly from a prescribing physician or, where appropriate, other medical advisor. Patients, physicians and other medical professionals should check with local medical resources and regulatory authorities for such information.
Use of Content
You may freely browse the Sites, but you may only access, download or use the Content for a non-commercial use and/or personal use. Any commercial use or republication is strictly prohibited. You may not distribute, modify, transmit, reuse, repost or use the Content for commercial purposes without written permission from On Target. You must retain and reproduce each and every copyright notice or other proprietary rights notice contained in any Content you download. You should assume that everything you see or read on the Sites is copyrighted unless otherwise noted and may not be used except as provided in these Terms or as expressly set forth on the Sites without the written permission of On Target.
You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any Content on the Sites, except as follows:
- Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials;
- You may store files that are automatically cached by your Web browser for display enhancement purposes; and
- You may print or download one copy of a reasonable number of pages of the Sites for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Sites in breach of the Terms, your right to use the Sites will stop immediately and you must, return or destroy any copies of the materials you have made. Except as expressly set forth herein, no license to or right in the Content, or any copyright of On Target or of any other party is granted or conferred to you.
By voluntarily submitting information, communications, or content (including photos, videos, testimonials, reviews, suggestions, ideas and works of art) (each a “User Submission”) to the Sites, you agree that a User Submission is non-confidential for all purposes and you grant On Target an irrevocable, nonexclusive, perpetual, worldwide, royalty-free, fully sublicensable, right and license to use, display, publicly perform, modify, reproduce, publish, distribute, adapt, make derivative works of, sublicense and otherwise commercially and non-commercially exploit your User Submission and all copyright, trade secret, trademark, or other intellectual property rights therein, in any manner or medium now existing or hereafter developed (including but not limited to print, film, or electronic storage devices), without compensation of any kind to you or any third party. By submitting material to us, you represent and warrant that you have the full authority to grant the rights set forth above and that your User Submission will not and does not, in whole or in part, infringe the intellectual property rights, rights of privacy or publicity, or any other rights of any third party. You further represent and warrant that you have attained the legal age of majority in your jurisdiction. You are solely responsible for your User Submission. The submission of any User Submission in no way creates any obligation or duty on the part of On Target to post or use such User Submission or, if we do so, to give you credit. We may contact you via phone, email, or mail regarding your User Submission.
You may use the Sites only for lawful purposes and in accordance with these Terms. You agree not to use the Sites:
- In any way that violates any applicable federal, state, local, or international law or regulation;
- To send, knowingly receive, upload, download, use, or re-use any material that does not comply with these Terms;
- To rely on any Content as medical advice;
- To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation;
- To impersonate or attempt to impersonate On Target, an On Target employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing);
- To transmit any sexually explicit material; and
- To engage in any other conduct, including discrimination or harassment, that restricts or inhibits anyone’s use or enjoyment of the Sites, or which, as determined by us, may harm On Target or users of the Sites, or expose them to liability.
Additionally, you agree not to:
- Use the Sites in any manner that could disable, overburden, damage, or impair the Sites or interfere with any other party’s use of the Sites, including their ability to engage in real time activities through the Sites;
- Use any robot, spider, or other automatic device, process, or means to access the Sites for any purpose, including monitoring or copying any of the material on the Sites;
- Use any manual process to monitor or copy any of the material on the Sites, or for any other purpose not expressly authorized in these Terms;
- Use any device, software, or routine that interferes with the proper working of the Sites;
- Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Sites, the server on which the Sites are stored, or any server, computer, or database connected to the Sites;
- Attack the Sites via a denial-of-service attack or a distributed denial-of-service attack; and
- Otherwise attempt to interfere with the proper working of the Sites.
Intellectual Property Rights
The Sites, the Content and their features, and functionality (including but not limited to the design, selection, and arrangement thereof) are owned by On Target, its licensors, artists, or other providers of such material and are protected by copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
No right, title, or interest in or to the Sites or any content on the Sites are transferred to you, and all rights not expressly granted are reserved by On Target. Unless otherwise indicated, all logos, names, designs and marks on the Sites are trademarks or service marks owned or used under license by On Target. The use or misuse of any of these marks or other information is strictly prohibited. Any use of the Sites not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws. Nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any patent or trademark of On Target or any third party.
Claims of Copyright Infringement
In the event we receive a copyright infringement notice, we will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from this Sites infringe your copyright, you may request removal of those materials (or access to them) from the Sites by submitting written notification to our copyright agent designated below. In accordance with the Digital Millennium Copyright Act (17 U.S.C. § 512) (the “DMCA”), the written notice (“DMCA Notice”) must include substantially the following:
- Your physical or electronic signature;
- Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Sites, a representative list of such works;
- Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material;
- Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address;
- A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law;
- A statement that the information in the written notice is accurate; and
- A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
Our designated copyright agent to receive DMCA Notices is:
On Target Laboratories, Inc.
|1281 Win Hentschel Blvd.
West Lafayette, IN 47906
If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.
Please be aware that if you knowingly materially misrepresent that material or activity on the Sites are infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
If you believe that material you posted on the Sites was removed or access to it was disabled by mistake or misidentification, you may file a counter notification with us (a “Counter Notice”) by submitting written notification to our copyright agent designated above. Pursuant to the DMCA, the Counter Notice must include substantially the following:
- Your physical or electronic signature;
- An 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 disabled.;
- Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address);
- A statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
- A statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you reside outside the United States for any judicial district in which the Sites may be found) and that you will accept service of process from the person (or an agent of that person) who provided the Sites with the complaint at issue.
The DMCA allows us to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within ten business days of receiving the copy of your Counter Notice.
Please be aware that if you knowingly materially misrepresent that material or activity on the Sites are infringing your copyright or if you knowingly materially misrepresent that material or activity on the Sites was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
The Sites may contain links to other websites. We encourage all of our partners, contributors, and third parties to implement policies and practices that respect the privacy of our users. However, we are not responsible for the privacy practices or content of such websites. Inclusion of any link to another website does not imply a recommendation or endorsement by On Target. Use of a third party website is at your own risk and subject to the terms and conditions of use for such websites.
We maintain reasonable administrative, physical, and technical measures to protect the security of the Sites. However, no website, server or database is completely secure or “hacker proof.” Therefore, we cannot guarantee that any information submitted through the Sites will not be disclosed, misused or lost by accident or by the unauthorized acts of others.
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Sites will be free of viruses or other destructive code. You are responsible for implementing sufficient protection to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Sites for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, ON TARGET 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 SITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITES OR TO YOUR DOWNLOADING OF ANY CONTENT POSTED ON IT, OR ON ANY WEBSITES LINKED TO IT.
YOUR USE OF THE SITES, THE CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITES IS AT YOUR OWN RISK. THE SITES, THE CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER ON TARGET NOR ANY PERSON ASSOCIATED WITH ON TARGET MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITES. WITHOUT LIMITING THE FOREGOING, NEITHER ON TARGET NOR ANYONE ASSOCIATED WITH ON TARGET REPRESENTS OR WARRANTS THAT THE SITES, THE CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, ON TARGET 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 of Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COLLECTIVE LIABILITY OF ON TARGET AND ITS SUBSIDIARIES AND AFFILIATES, AND THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED ONE HUNDRED DOLLARS ($100).
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
You agree to defend, indemnify, and hold harmless On Target, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Sites, including, but not limited to, your User Submissions, any use of the Content, services, and products other than as expressly authorized in these Terms, or your use of any information obtained from the Sites.
Governing Law and Jurisdiction
All matters relating to the Sites and these Terms, and any dispute or claim arising therefrom or related thereto, shall be governed by and construed in accordance with the internal laws of the State of Indiana without giving effect to any choice or conflict of law provision or rule (whether of the State of Indiana or any other jurisdiction).
Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Sites shall be instituted exclusively in the federal courts of the United States or the courts of the State of Indiana, in each case located in the City of West Lafayette and County of West Lafayette. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Children Under the Age of Eighteen
Our Sites are not intended for children or minors under the age of eighteen years without the permission of a parent or guardian. If you believe that a child has submitted personal information on or through our Sites without the consent and supervision of a parent or guardian, please contact us using the information provided below so that we can take appropriate action.
For more information or questions, please contact us at:
- Phone: 765-588-4547
- Email: email@example.com
- Address: 1281 Win Hentschel Blvd; West Lafayette, IN 47906