Terms of Use

Revised: January 10, 2022

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE. THESE TERMS OF USE DESCRIBE RULES FOR VISITORS TO THIS ELEMENT SCIENCE WEBSITE. BY USING THIS WEBSITE YOU SIGNIFY YOUR AGREEMENT TO THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, DO NOT USE THE WEBSITE.

IF YOU ARE UNDER THE AGE OF 13, YOU MAY NOT USE THIS WEBSITE.

Changes To These Terms Of Use

These Terms of Use were last updated as of the revision date at the top of this page. We may revise the information on the Website or otherwise change or update the Website, including these Terms of Use, without notice to you. Element Science may also make improvements and/or changes in products and/or services described on the website or add new features at any time without notice. We encourage you to periodically read these Terms of Use to see if there have been any changes to our policies that may affect you. Your continued use of the website will signify your continued agreement to these Terms of Use as they may be revised.

No Medical Advice

NONE OF THE PRODUCTS OR TECHNOLOGY DESCRIBED ON OUR WEBSITE HAVE BEEN APPROVED BY ANY REGULATORY AGENCY FOR COMMERCIAL DISTRIBUTION IN THE UNITED STATES. NOTE THAT PRINCIPAL INVESTIGATORS AND CLINICAL STUDY SITES ARE RESPONSIBLE FOR RECRUITMENT AND ENROLLMENT OF QUALIFYING SUBJECTS. IF YOU HAVE ANY QUESTION REGARDING A CLINICAL STUDY, YOU SHOULD CONSULT WITH YOUR HEALTHCARE PROVIDER, A CLINICAL SITE OR PRINCIPAL INVESTIGATOR.

THIS WEBSITE AND ALL INFORMATION PROVIDED THEREIN ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY; IT DOES NOT PROVIDE MEDICAL ADVICE. YOU ACKNOWLEDGE AND AGREE THAT NONE OF THE INFORMATION OR CONTENT PROVIDED BY US OR VIA THE WEBSITE HAS THE ABILITY TO DIAGNOSE, TREAT, PRESCRIBE, OR PERFORM ANY TASKS THAT CONSTITUTES THE PRACTICE OF MEDICINE.

IF YOU THINK YOU OR SOMEONE YOU ARE TAKING CARE OF HAS A MEDICAL EMERGENCY, CALL 911 OR SEEK IMMEDIATE ASSISTANCE FROM A MEDICAL PROFESSIONAL. IF YOU HAVE ANY QUESTIONS REGARDING YOUR HEALTH OR MEDICAL CONDITION, YOU SHOULD CONSULT WITH A MEDICAL PROFESSIONAL.

YOU SHOULD NEVER DELAY OBTAINING MEDICAL ADVICE OR DISREGARD ANY MEDICAL ADVICE BECAUSE OF SOMETHING YOU HAVE OR HAVE NOT READ ON THE WEBSITE. INFORMATION CAN CHANGE QUICKLY, AND THE INFORMATION AND CONTENT THAT YOU FIND ON THE WEBSITE SHOULD NOT BE CONSIDERED ERROR-FREE OR AS A COMPREHENSIVE SOURCE OF ALL INFORMATION ON A PARTICULAR TOPIC. FEATURES AND SPECIFICATIONS OF ANY TECHNOLOGY OR PRODUCT DEVELOPMENT DESCRIBED OR DEPICTED ON OUR WEBSITE ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE. WE ARE NOT RESPONSIBLE OR LIABLE TO YOU, OR ANY THIRD PARTY, FOR THE ACCURACY, COMPLETENESS, OR RELIABILITY OF ANY INFORMATION PROVIDED TO YOU THROUGH OUR WEBSITE, OR FOR ANY CONSEQUENCES RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU MAY TAKE BASED UPON THE INFORMATION PROVIDED THROUGH THE WEBSITE.

Read Our Privacy Policy

Any information that Element Science collects through your use of this website is subject to the Element Science Privacy Policy, which is part of these Terms of Use.

Uploads and Access

Through your use of the website you may enter or upload (“Transmit”) data or images (collectively “Materials”) to the website or to Element Science via the website (messaging or emails). Anything that entered or uploaded is subject to our Privacy Policy (see above). The following restrictions also apply to transmitted Materials:

• You may not intentionally Transmit viruses, worms, Trojan horses, or other harmful computer code.
• You may not Transmit Materials that infringe or violate the intellectual property rights, privacy rights, or publicity rights of others.
• You may not Transmit Materials that are unlawful, obscene, defamatory, predatory of minors, threatening, harassing, abusive, slanderous, or hateful to any person (including Element Science personnel) or entity as determined by Element Science in its sole discretion.

Additionally, you may not access material about others except to the extent that you are an authorized caretaker of such other.

Other Prohibited Conduct

BY USING THE SITE YOU FURTHER AGREE NOT TO:

• use the website for any illegal purpose or in violation of any local, state, national, or international law;
• violate, or encourage others to violate, any right of a third party, including by infringing or misappropriating any third-party intellectual property right;
• interfere with security-related features of the website, including by: (i) disabling or circumventing features that prevent or limit use or copying of any content; or (ii) reverse engineering or otherwise attempting to discover the source code of any portion of the website except to the extent that the activity is expressly permitted by applicable law;
• interfere with the operation of the website or any user’s enjoyment of the website, including by interfering with or disrupting any network, equipment, or server connected to or used to provide the website;
• perform any fraudulent activity including impersonating any person or entity, or claiming a false affiliation; or
• sell or otherwise transfer the access granted under these Terms of Use.

Links or References

This website may from time to time provide sponsorships, links, or references to other websites or products. Element Science is not endorsing these sites, products, services, or their respective owners or their opinions. Element science has no responsibility for such other websites and shall not be liable for any damages or injury arising from use of those websites. You are encouraged to read the Terms of Use for any website you visit. Any links to other websites are provided merely as a convenience to you.

Accuracy and Completeness

Although we attempt to maintain the accuracy and integrity of the information on this website, we make no guarantees as to its correctness, completeness, or accuracy. The website may contain typographical errors, inaccuracies, or other errors or omissions.

No Warranty

THIS WEBSITE, ITS LINKS AND CONTENT, ARE PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND. ELEMENT SCIENCE DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR COMMON LAW INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. ELEMENT SCIENCE MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THIS WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS WEBSITE, ALL WEBSITE-RELATED SERVICES, AND THIRD PARTY WEBSITES. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ELEMENT SCIENCE OR ITS AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY OF ANY KIND.
Some states/provinces do not allow limitations on implied warranties, so some of the above limitations may not apply to you.

LIMITATION OF LIABILITY

NEITHER ELEMENT SCIENCE NOR ITS AFFILIATES, SUPPLIERS, NOR OTHER THIRD PARTIES MENTIONED OR LINKED TO ON THE WEBSITE WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE OR FROM THE USE OF OR INABILITY TO USE THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ELEMENT SCIENCE HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.

YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITE, SITE-RELATED SERVICES, AND/OR THIRD PARTY WEBSITES IS TO STOP USING THE WEBSITES AND/OR THOSE SERVICES.

Some jurisdictions may not allow the exclusion or limitation of incidental or consequential damages, so the above limitation may not apply to you.

Information You Submit

Do not submit any information or other materials that you consider confidential or proprietary through the website. If you choose to provide input and suggestions regarding problems with or proposed modifications or improvements to the website (“Feedback”), then you do so on a non-confidential basis (regardless of any designation or indication to the contrary in the submitted information or any accompanying correspondence) and you hereby grant Element Science an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free transferable, sublicensable right to exploit the Feedback in any manner and for any purpose, including to improve the website and create other products and services.

Our Copyrights And Trademarks

The website and materials on this website are the property of Element Science or its third-party licensors. The materials are protected by United States and foreign intellectual property and other laws. You may e-mail, download, or print copies of the materials on this web site, but only for your personal, noncommercial use. When you e-mail, download, or print a copy of the materials on this web site, you must also include all copyright, trademark, and other notices that are in the materials.

Element Science or its suppliers also own the names we use for our products and services on this web site, and these names are protected by United States and foreign trademark laws. All trademarks are the property of their respective owners.

If you use the materials or trademarks on this web site in a way that is not expressly allowed by these Terms of Use, you are violating your agreement with us and may be violating copyright, trademark, and other laws. In that case, we automatically revoke your permission to use this web site. Title to the materials remains with us or with the authors of the materials contained on this web site. All rights not expressly granted are reserved.

Termination

Your privilege to use or access this website may be terminated by Element Science immediately and without notice if you fail to comply with any term or condition of these Terms of Use or the Privacy Policy. Upon termination, you must immediately cease accessing or using the website and agree not to or otherwise make use of the website. Furthermore, you acknowledge that Element Science reserves the right to take action – technical, legal, or otherwise – to block, nullify, or deny your ability to access the website. You understand that Element Science may exercise this right in its sole discretion.

Notice to California Residents

If you are a California resident, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding the Site or to receive further information regarding use of the website.

No Support

We are under no obligation to provide support for the website. In instances where we may offer support, the support will be subject to published policies.

International Use

The website is intended for visitors located within the United States. We make no representation that the website is appropriate or available for use outside of the United States. Access to the website from countries or territories or by individuals where such access is illegal is prohibited.

General

These Terms of Use together with the Privacy Policy are a complete statement of the agreement between you and Element Science, and set forth the entire liability of Element Science and your exclusive remedy with respect to your access and use of the website. In the event of the conflict between these Terms of Use and the applicable Element Science Privacy Policy, these Terms of Use shall prevail. The agents and employees of Element Science are not authorized to make modifications to the Terms of Use or to make any additional representations, commitment or warranties binding on Element Science. You may not assign or transfer these Terms of Use or your rights under these Terms of Use, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms of Use at any time without notice or consent. Any waiver of the terms herein by Element Science must be in a writing signed by an authorized officer of Element Science and expressly referencing the applicable provisions of the Terms of Use. If any provision of the Terms of Use is declared invalid or unenforceable under applicable law, then it shall be, to that extent, deemed omitted and the remaining provisions will continue in full force and effect. The Terms of Use will be governed by California law as applied to agreements entered into and to be performed entirely within California (without regard to its choice of law or conflicts of law principles), and applicable federal law. The parties consent to the exclusive jurisdiction and venue in the state courts in San Francisco County, California, or federal court for the Northern District of California. Headings are included for convenience only, and shall not be considered in interpreting these Terms of Use. The Terms of Use do not limit any rights that Element Science may have under trade secret, copyright, patent or other laws. Element Science reserves the right at all times to disclose any information as Element Science deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or remove any information or materials, in whole or in part, in Element Science’s sole discretion.