Terms and Conditions of Use
These Terms and Conditions of Use (“Terms”) apply to your use of the Ritter Pharmaceuticals, Inc. (“Ritter”) website and its content located at www.ritterpharmaceuticals.com (the “Site”). In this document, “we”, “our” and “us” refer to Ritter and “user,” “you” and “your” mean users of the Site.
You must be the age of majority in your jurisdiction (18 years old in most jurisdictions) in order to use our Site. If you are under the age of majority in your jurisdiction, then you may only use the Site with your parent or legal guardian’s permission.
WE DO NOT PROVIDE MEDICAL ADVICE
The information contained throughout the Site is provided for informational purposes only. We do not provide medical advice. Our Site and all the content herein is provided for informational purposes only and is not intended to be used in place of a visit with, call to, consultation, or advice from your physician or other health care provider. If you suspect you have a medical problem, or should you have any health care related questions, please visit your hospital or call or see your physician or other health care provider. Never disregard medical advice or delay in seeking medical advice or treatment as a result of what you read on this Site.
RESTRICTIONS ON USE OF SITE
You are solely responsible for your actions when using the Site. In addition, you may be held responsible for trying to have someone else do what you are prohibiting from doing. You agree that you will not perform or attempt to perform any of the following activities when using the Site:
• Submit, post, or submit any offensive, indecent, hateful, racist, sexist, pornographic, or otherwise inappropriate or obscene content;
• Transmit by any means any software, virus, malware, code, or other program intended to interrupt, disrupt, alter, destroy, or limit any part of the Site;
• Copy, download, distribute, transmit, upload, or transfer content from the Site without our prior written permission or authorization;
• Use any robot, spider, script, or any manual or automated means to extract, download, retrieve, index, mine, scrape, or circumvent any feature, function, or part of the Site;
• Pretend to be anyone else but you;
• Violate or infringe upon the privacy, publicity, intellectual property, or other proprietary rights of third parties; or
• Engage in any activity that is criminal or tortious in nature, or otherwise violates the law or rights of another, including, without limitation, fraud, stalking, defaming, abusing, harassing, or threatening.
If you violate any part of these Terms, we reserve the right to terminate your access to the Site without prior notice. If you believe someone is not complying with these Terms or that someone is violating your rights, please notify us at email@example.com.
We, our affiliates, and our licensors are the sole owners of the Site, including, but not limited to, all content, features, and functions, and all copyrights, trademarks, service marks, and other intellectual property rights contained within the Site. All of the trademarks, service marks and logos displayed on this Site are unregistered trademarks of Ritter. All other product names are trademarks or registered trademarks of their respective owners.
Nothing in these Terms gives you a right to reproduce, copy, distribute, sell, broadcast, license, or otherwise use the Ritter name or any of our trademarks, logos, domain names, and other distinctive brand features. You may not modify, rent, lease, sell, distribute, or create derivative works based on the Site unless we have given you prior written consent to do so.
You may download, view, copy and print content on the Site, subject to the following:
• content may be used solely for personal, informational, or internal business purposes;
• any and all copyright, trademark and other proprietary rights notices must appear on all copies, including the copyright notice at the bottom of the page;
• content may not be modified or altered in any way; and
• no graphics may be used separate from accompanying text.
Requests for permission to use content other than described above should be made to firstname.lastname@example.org. Any rights not expressly granted herein are reserved. Please be advised that we enforce our intellectual property rights to the fullest extent of the law.
Certain product, service, or company designations for third party companies other than Ritter may also be mentioned in the Site for identification purposes only. You should contact the appropriate third party companies for more complete information regarding such designations and their registration status.
Nothing contained on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use this Site or any documents displayed on this Site, through the use of framing or otherwise, except: (a) as expressly permitted by these Terms; or (b) with the prior written permission of Ritter or such third party that may own the trademark or copyright of material displayed on this Site.
By transmitting an email, signing up for email updates, or engaging in any other form of communication (individually or collectively “Communications”) to or through the Site, you hereby grant to us a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty-free license to use, copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit, and otherwise exploit such Communications throughout the world, in all media now known or hereafter developed. You hereby waive all rights to any claims against us for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with such Communications.
You are responsible for your own Communications. We expressly disclaim all liability in connection with your Communications. We reserve the right, but not the obligation, to investigate the allegations and to remove your Communications in our sole discretion for any reason and without prior notice to you. We have no liability or responsibility to users for performance or nonperformance of such activities.
DISCLAIMER OF WARRANTIES
THE SITE IS AVAILABLE “AS IS” AND “AS AVAILABLE” WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND OR ANY ASSURANCE THEY WILL BE AVAILABLE OR PERFORM AS DESCRIBED. YOU USE THE SITE AT YOUR OWN RISK. WE EXPRESSLY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
WE MAKE NO WARRANTY THAT: (i) THE SITE WILL BE ERROR FREE OR UNINTERRUPTED; (ii) THAT THE INFORMATION OBTAINED FROM THE SITE WILL BE ACCURATE, CORRECT, COMPLETE OR RELIABLE; (iii) THAT THE SITE OR THE SERVER(S) THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (iv) THAT THE QUALITY OF THE SITE WILL BE SATISFACTORY TO YOU; (v) OR THAT ERRORS OR DEFECTS WILL BE CORRECTED.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, WE, OUR AFFILIATES, SUBSIDIARIES, AGENTS AND/OR REPRESENTATIVES SHALL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY CLAIM, LOSS OR DAMAGE, DIRECT OR INDIRECT, INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, REGARDLESS OF THE FORM OF ACTION OR BASIS OF ANY CLAIM. YOU SPECIFICALLY ACKNOWLEDGE THAT WE SHALL NOT BE LIABLE TO YOU FOR YOUR COMMUNICATIONS. WE SHALL NOT BE LIABLE FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION THROUGH THE SITE OR ANY LINKED SITES, OR FOR ANY INFORMATION ON THE SITE, REGARDLESS OF THE FORM OF ACTION OR BASIS OF ANY CLAIM. SOME JURISDICTIONS DO NOT ALLOW CERTAIN EXCLUSIONS OF WARRANTIES OR LIMITATIONS ON DAMAGES, SO SOME OF THESE LIMITATIONS MAY NOT APPLY TO YOU. IF YOU HAVE A DISPUTE WITH US OR ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO STOP USING OUR SITE. WE HAVE NO OTHER OBLIGATION OR RESPONSIBILITY TO YOU.
You agree to indemnify, defend, and hold us, our officers, agents, representatives, employees, partners, and licensors harmless from any and all demands, claims and actions (including reasonable attorneys’ fees) arising from or related to your Communications and your use of the Site. We reserve the right to assume or control any part or all of the defense of any such claims and negotiations for settlement and you agree to fully cooperate with us in doing so.
THIRD PARTY SITES
HISTORICAL STOCK PRICE DATA DISCLAIMER
This data is provided as a convenience for stockholders and is for informational purposes only. This data is not intended, and should not be relied upon, for trading purposes. Neither we nor our data providers guarantee the accuracy or completeness of any stock price or other data displayed, nor shall any such party be liable in any way to the user of the data or to any other person for any delays, inaccuracies, errors in, or omission of any such data or the transmission thereof, or for any actions taken in reliance thereon or for any damages arising therefrom or occasioned thereby. Investors are reminded that historical and current stock price performance data are not necessarily indicative of future performance.
ENFORCEMENT OF TERMS & DISPUTE RESOLUTION
These Terms are governed and interpreted pursuant to the laws of the State of California, United States of America, notwithstanding any principles of conflicts of law. We make no representation that information on this Site is appropriate or available for use outside the United States. Those who choose to access this Site from outside the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
All disputes arising out of or relating to these Terms shall be finally resolved by arbitration conducted in the English language in Los Angeles, California under the commercial arbitration rules of the American Arbitration Association. The parties shall appoint as sole arbitrator a retired judge who presided in the State of California. The parties shall bear equally the cost of the arbitration (except that the prevailing party shall be entitled to an award of reasonable attorneys’ fees incurred in connection with the arbitration in such an amount as may be determined by the arbitrator). All decisions of the arbitrator shall be final and binding on both parties and enforceable in any court of competent jurisdiction.
If any provision of these Terms shall for any reason be held to be invalid, illegal or unenforceable by a court of competent jurisdiction, then the validity and enforceability of the other provisions of this Terms, shall not in any way be affected or impaired thereby.
We reserve the right to suspend, discontinue, or change any part of the Site, including these Terms, at any time. If we change these Terms, we will update the Effective Date listed above. Your continued use of the Site means that you agree with our updated Terms. If you do not agree with our updated Terms, you may not use our Site.
These Terms represent the entire agreement between the parties relating to the subject matter herein and shall not be modified except in writing signed by both parties or by a new posting by Ritter, as described above.
If you have any questions about these Terms or the Site, please contact us at email@example.com.