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TERMS OF USE

EFFECTIVE DATE: March 30, 2016

Thank you for visiting Is it SI? (this “Site”), which is owned and operated by Zyga Technology, Inc. (“Zyga”). Please read these Terms of Use carefully; they describe rules for visitors to this Site.

NO MEDICAL ADVICE; CALL 911 FOR AN EMERGENCY
This Site may contain information relating to various health conditions and their treatment. This is for informational purposes only and is not meant to be a substitute for the advice provided by your own physician or other medical professional.  Zyga does not practice medicine or pharmacy or provide medical services or advice.  You should not use the information contained in this Site for diagnosing a medical condition or disease. Always seek the advice of your physician or other qualified health care provider regarding any medical condition or treatment.  If you think you may have a medical emergency, call your physician or 911 immediately.

YOUR CONSENT TO THESE TERMS OF USE.
Access to and use of this Site and the information, materials, products and services available through this Site are subject to all applicable laws and regulations and to these Terms of Use. Please read these Terms of Use carefully before using this Site.  By accessing any part of this Site or associated content, you accept, without limitation or qualification, these Terms of Use, which form a legally binding agreement. If you do not agree, do not use, access, or download materials from this Site or associated content, and please exit this Site immediately.   You acknowledge: (a) that you have read and understood these Terms of Use; and (b) that these Terms of Use have the same force and effect as a signed agreement.

We reserve the right to modify or discontinue the Site (or any portion of the Site) temporarily or permanently, with or without notice to you, and are not obligated to support or update the Site.  You agree that Zyga is not liable to you or any third party in the event that we exercise our right to modify or discontinue the Site (or any portion of the Site).  Unless explicitly stated otherwise, any new features that augment or enhance the current Site are subject to these Terms of Use.

These Terms of Use include a disclaimer of warranties and a disclaimer of liability, as well as indemnification by you.  Please read those section (and all other terms) carefully.

CHANGES TO THESE TERMS OF USE
We reserve the right to update or modify these Terms of Use at any time, without prior notice, by posting the revised version of these Terms of Use behind the link marked “Terms of Use” at the bottom of each page of this Site. Your continued use of this Site after we have posted the revised Terms of Use constitutes your agreement to be bound by the revised Terms of Use.

YOUR CONSENT TO OUR PRIVACY STATEMENT
By agreeing to these Terms of Use, you agree to the terms of our Privacy Statement, which is expressly incorporated herein. Before using this Site, please carefully review our Privacy Statement. All Personal Information provided to us as a result of your use of this Site will be handled in accordance with our Privacy Statement.

ABOUT THE INFORMATION ON THIS SITE
Much of the material on this Site relates to products and services offered by Zyga. The materials on this Site are for your general educational information only. Information you read on this Site cannot replace the relationship that you have with your health care professional. Unless a page on this Site explicitly states otherwise this Site contains information about products and therapies approved and cleared for use in the United States, and is intended for a United States audience. If you live outside the U.S., you may see information on this Site about products or therapies that are not approved or marketed in your country, or may be cleared for different uses or indications in your country.

OUR COPYRIGHTS AND TRADEMARKS
The materials on this Site belong to or are licensed to us. The materials are protected by United States and foreign copyright laws. You may e-mail, download, or print copies of the materials on this Site, but only for your personal, noncommercial use. When you e-mail, download, or print a copy of the materials on this Site, you must also include all copyright and other notices that are in the materials, including the copyright notice on the bottom of the page.

We also own the names we use for our products and services on this Site, and these names are protected by United States and foreign trademark laws. An ® following a name on our web site indicates that the trademark has been registered in the United States. A ™ following a name on our web site indicates that it is an unregistered trademark. All trademarks are the property of their respective owners.

There may be special rules for the use of materials provided on certain parts of this Site. These special rules will be posted near the materials.

If you use the materials or trademarks on this Site in a way that is not clearly 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 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.

LINKS TO THIS SITE AND ZYGA MARKS
You are hereby granted a non-exclusive, limited, and revocable license to link to this Site, subject to these Terms of Use. Zyga reserves the right to revoke this license generally, or your right to use specific links, at any time, for any reason or for no reason. If Zyga revokes this license, you agree to remove and disable any and all of your links to this Site immediately.

You agree not to present the link to this Site in such a way that it is associated with advertising or appears to be an endorsement of any organization, product, or service. You agree that the link will not appear on a website that a reasonable person may consider obscene, defamatory, harassing, grossly offensive, or malicious. Under no circumstances may you “frame” this Site or any of its content or copy portions of this Site to a server. You may not override or hinder the functionality of an end-user’s web browser’s “back” function.  You agree not to display or use the Zyga logo or trademark in any manner without our prior written permission. LINKS TO OTHER WEBSITES
This Site may contain links to websites not operated, owned, or controlled by Zyga. We provide these links for your convenience, but we do not review, control, or monitor the materials on any other website. These sites may contain information about uses of Zyga products or therapies that have not been approved in the United States. We do not control or endorse this type of information. Zyga does not control or edit the content of any third-party site.  In addition, we are not responsible for the performance of those sites or for your business dealings with them. By using this Site, you expressly relieve Zyga from any and all liability arising from your use of any third-party website and from any loss or damage of any sort that you may incur from dealing with any third-party.  Your use of other websites is subject to the terms of use of those web sites, including the privacy policies of those sites.

SITE ACCESS/USERS WHO VIOLATE TERMS OF USE

Zyga hereby grants you permission to use the Site as set forth in these Terms of Use provided that:  (1) you will not copy, download or distribute any part of the Site in any form or medium without Zyga’s prior written authorization, except for the limited rights expressly permitted herein; (2) you will not alter, modify, or make derivative works from any part of the Site without Zyga’s prior written authorization; and (3) you will otherwise comply with these Terms of Use.

Zyga may, in appropriate circumstances and at its sole discretion, disable or terminate the accounts of users who violate these Terms of use, including, but not limited to, the accounts of users who post User Submissions (as defined below) that infringe copyrights, trademarks, rights of publicity, or other intellectual property rights.  If users repeatedly infringe the rights of others, their accounts will likely be terminated.

RESTRICTION OF USE OF THE SITE

In your use of the Site, you shall not:

  • use web crawlers, web robots, web scutters, ants, automatic indexers, bots, worms, and other such devices in connection with the Site; provided, however, that general purpose internet search engines and non-commercial public archives that use tools to gather information for the sole purpose of displaying hyperlinks to the Site are granted a limited exception from the foregoing exclusion, provided that they do so from a stable IP address or range of IP addresses using an easily-identifiable agent;
  • post, transmit or submit any confidential, false, misleading, unlawful, infringing, threatening, abusive, harassing, libelous, defamatory, discriminatory, obscene, inflammatory, scandalous, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or would otherwise violate the law;
  • use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party’s use of the Site;
  • obtain or attempt to obtain any content through any means not intentionally made available or provided for through the Site;
  • impersonate or misrepresent your affiliation with someone else;
  • remove, modify, disable, block, obscure or otherwise impair any advertising in connection with the Site;
  • collect personally identifiable information of other users or visitors;
  • harvest information about users for the purpose of sending, or to facilitate or encourage the sending of, unsolicited bulk or other communications;
  • solicit other users to join, become members of, or contribute money to any online service or other organization;
  • post or transmit any worms, viruses, Trojans, or other harmful, disruptive, or destructive files, code, or programs to the Site; or
  • use the Site to advertise or perform any commercial solicitation.

Zyga will fully cooperate with any law enforcement authorities or court order requesting or directing Zyga to disclose the identity of anyone violating these Terms of Use.

USER SUBMISSIONS

The Site may permit the submission of and/or posting of text, photos, videos, material, information, comments, feedback, notes, messages, ideas, concepts, know-how, techniques, or other communications submitted by you and other users (“User Submissions”) and the hosting, sharing, and/or publishing of such User Submissions. You understand that whether or not such User Submissions are posted or published, Zyga (1) does not guarantee any confidentiality with respect to any User Submissions, (2) does not pay any compensation for User Submissions, and (3) is under no obligation to respond to or post any User Submissions.

You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. However, by submitting the User Submissions to Zyga, you hereby grant Zyga and its successors, assigns, and affiliates a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, publish, broadcast, perform, make, use, import, offer to sell, sell, and otherwise transfer and exploit all copyrights, inventions, and other intellectual property rights in the User Submissions in connection with the Site and Zyga’s (and its successors’, assigns’, and affiliates’) business, including without limitation for promoting and redistributing part or all of the Site (and derivative works thereof) in any form and media formats and through any media channels. You also hereby grant each user of the Site a worldwide, non-exclusive, royalty-free license to access your User Submissions through the Site, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Site and under these Terms of Use.

In connection with User Submissions, you represent and warrant that you will not:  (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Zyga all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage Zyga or any third party; and (iii) submit material that is otherwise inappropriate. In addition, you agree to pay for all royalties, fees, and other payments owed to any party by reason of your posting or submitting User Submissions.  Zyga does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and Zyga expressly disclaims any and all liability in connection with User Submissions. Zyga does not permit copyright infringing activities, infringement of rights of publicity, or infringement of other intellectual property rights on its Site, and Zyga will remove all content (including User Submissions) if properly notified that such content or User Submission infringes on another’s rights. Zyga may or may not monitor User Submissions.  Zyga reserves the right to remove content (including User Submissions) without prior notice and for any reason. Zyga also reserves the discretion to decide whether content (including a User Submission) is appropriate and complies with these Terms of Use.

You understand that when using the Site, you will be exposed to User Submissions from a variety of sources, and that Zyga is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Zyga with respect thereto, and agree to indemnify and hold Zyga, its owners/operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Site.

YOUR FEEDBACK, COMMENTS, AND IDEAS
While we are pleased to receive feedback, comments and ideas from visitors to this Site, we want you to understand that any information that you submit through this Site will be considered non-personal, non-confidential, and non-proprietary (other than Personal Information, as that term is defined in our Privacy Statement). If you transmit any ideas, information, concepts, know-how or techniques or materials to us through this Site, you hereby grant Zyga an unrestricted, royalty-free, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute them in any medium, and agree that Zyga is free to use them for any purpose.

MINORS
This Site is not intended for children or minors under the age of thirteen years without the permission of a parent or guardian.

NO WARRANTIES

YOU AGREE THAT YOUR USE OF THE SITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, ZYGA, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, LICENSORS AND SUPPLIERS DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY, AND OTHERWISE IN CONNECTION WITH THE SITE AND YOUR USE THEREOF AND ANY CONTENT AND SERVICE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, SECURITY, ACCURACY, THE USE OF REASONABLE CARE AND SKILL, AND NON-INFRINGEMENT, AS WELL AS WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING, AND COURSE OF PERFORMANCE. WITHOUT LIMITING THE FOREGOING, ZYGA DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ON THE SITE OR ON ANY WEBSITES LINKED TO THIS SITE IS ACCURATE, COMPLETE OR CURRENT OR THAT THE SITE OR ANY SERVICE WILL OPERATE WITHOUT INTERRUPTION OR ERROR.  ALTHOUGH ZYGA STRIVES TO UPDATE INFORMATION ON A PERIODIC BASIS, IT IS SOLELY YOUR RESPONSIBILITY TO VERIFY ALL INFORMATION ON THE SITE.  ZYGA ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DATA LOSS OR CORRUPTION), RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (III) UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR INFORMATION STORED THEREIN, (IV) INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (IV) BUGS, VIRUSES, TROJAN HORSES, DESTRUCTIVE COMPUTER CODES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (V) LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE.

LIMITATION OF LIABILITY

IN NO EVENT SHALL ZYGA, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, LICENSORS, OR SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM THIS SITE, INCLUDING WITHOUT LIMITATION, FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, (V) USER SUBMISSIONS, THIRD PARTY WEBSITES AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT WHEREIN SUCH CONTENT IS POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ZYGA IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

Any claims relating to use of the site must be bought within one (1) year from the date the cause of actions arose.  Claims brought after such period are VOID.  The Site is controlled and offered by Zyga in the United States of America. Zyga makes no representations that the Site is appropriate or available for use in all jurisdictions. Those who access or use the Site do so at their own volition and are responsible for compliance with local and all other applicable laws, restrictions, and regulations.

INDEMNITY

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS ZYGA, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, LICENSORS AND SUPPLIERS FROM AND AGAINST ANY CLAIMS, LOSSES, OBLIGATIONS, DEMANDS, LIABILITIES, EXPENSES, DAMAGES, COSTS, DEBT, AND ATTORNEY’S FEES RESULTING FROM: (1) YOUR USE OF, ACCESS TO, OR MISUSE OF THE SITE; (2) YOUR VIOLATION OF ANY TERM OF THESE TERMS OF USE; (3) YOUR VIOLATION OF ANY THIRD PARTY RIGHT, INCLUDING WITHOUT LIMITATION ANY COPYRIGHT, PROPERTY, OR PRIVACY RIGHT; (4) ANY CLAIM THAT ONE OF YOUR USER SUBMISSIONS CAUSED DAMAGE TO AN INDEMNIFIED PARTY OR A THIRD PARTY; (5) ANY ACTIVITY RELATED TO YOUR INTERNET ACCOUNT OR USING YOUR EMAIL ADDRESS AND PASSWORD (INCLUDING NEGLIGENT OR WRONGFUL CONDUCT) BY YOU OR ANY OTHER PERSON ACCESSING THE SITE USING YOUR INTERNET ACCOUNT; OR (6) ANY TRANSACTION YOU CONDUCT AS A RESULT OF THE CONTACT FACILITATED BY THE SITE.  IF ZYGA DOES TAKE ANY LEGAL ACTION AGAINST YOU AS A RESULT OF YOUR VIOLATION OF THESE TERMS OF USE, ZYGA WILL BE ENTITLED TO RECOVER FROM YOU, AND YOU AGREE TO PAY, ALL REASONABLE ATTORNEYS’ FEES AND COSTS OF SUCH ACTION, IN ADDITION TO ANY OTHER RELIEF GRANTED TO ZYGA.

ABILITY TO ACCEPT TERMS OF USE

You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, warranties, and indemnification set forth in these Terms of Use, and to abide by and comply with these Terms of Use.

OTHER RULES FOR THIS SITE
In addition to the rules in these Terms of Use and the Privacy Statement, you may be subject to additional “click-through terms” that may apply when you access particular services or materials on certain areas in this Site, such as when you follow a link from this Site. Please read our Privacy Statement to learn how we protect and use information that we gather through this Site. These Terms of Use (together with our Privacy Statement and any click-through terms on this Site) contain the entire understanding between you and us with respect to use of this Site and no representation, statement, or inducement oral or written, not contained herein shall bind any party to this agreement. You agree to use this Site in a manner consistent with any and all applicable laws, rules, and regulations. You agree not to upload or transmit through this Site any computer viruses, trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer. Any unauthorized modification, tampering or change of any information, or any interference with the availability of or access to this Site is strictly prohibited. We reserve all rights and remedies available to us.

Your obligations under this section and the sections called “Your Feedback”, “Our Copyrights and Trademarks,” “No Warranties,”  “Limitation of Liability,” and “Indemnity” will survive termination of these Terms of Use.

If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

By using this Site, you agree that the only proper jurisdiction and venue for any dispute with Zyga, or in any way relating to your use of this Site, is in the state and federal courts in the State of Minnesota, U.S.A. You further agree and consent to the exercise of personal jurisdiction in these courts in connection with any dispute involving Zyga or its affiliates, employees, officers, directors, agents, or suppliers.

These Terms of Use are governed by the internal substantive laws of the State of Minnesota, without respect to its conflict of laws principles, and the federal laws of the United States.

QUESTIONS, COMMENTS, AND NOTICES
Zyga may deliver notice to you by electronic mail, a general notice on this Site, or by written communication delivered by First Class U.S. Mail to your address on record with Zyga. You may deliver notice to Zyga by using the Contact Us feature.