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US Terms and Conditions

Last Updated 27 January 2025

PLEASE READ THESE TERMS CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION THAT MAY AFFECT YOUR LEGAL RIGHTS, INCLUDING, BUT NOT LIMITED TO, REQUIRING INDIVIDUAL BINDING ARBITRATION OF ANY POTENTIAL LEGAL DISPUTES BETWEEN YOU AND THERAKOS, AND WAIVING ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

Welcome and thank you for using this online services platform, provided by THERAKOS™, or their affiliates that provide access or links to these Terms and Conditions (collectively, “Therakos,” “us,” or “we”). By visiting, using, or registering with therakos.comor patient.therakos.com (collectively the “Sites”), you accept these Terms, including the arbitration provision and class action waiver herein, so please read them carefully.

By using any of the Sites, you affirm that you are able and legally competent to agree to and comply with these Terms. If you do not meet these requirements, you should stop using all of the Sites. If you do not agree to these Terms, then you should not use any of the Sites. If at any time you do not accept all of these Terms, you should immediately stop using all of the Sites.

Privacy

For information on how we handle, use, and share information we collect from you or about you when you use the Sites, please review our Online Privacy Policy.

Electronic Communications

When you visit the Sites or send emails to us, you are communicating with us electronically and are consenting to receive communications from us electronically about a service or response to a question or comment, or because you have chosen to receive promotional or informational emails. We will communicate with you by email or by posting notices on the Sites. You agree that all notices, disclosures, agreements, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Dispute Resolution by Binding Individual Arbitration and Class Action Waiver (“Dispute Resolution”)

PLEASE READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES YOU AND THERAKOS TO RESOLVE CERTAIN DISPUTES THROUGH BINDING INDIVIDUAL ARBITRATION, IT LIMITS THE PARTIES’ RIGHTS TO SEEK RELIEF IN COURT, AND IT REQUIRES THE PARTIES TO WAIVE THE RIGHT TO JURY TRIAL AND THE RIGHT TO JOIN WITH OTHERS IN A LAWSUIT.

This section sets out our agreement for resolving all disputes relating to your use of the Sites, including but not limited to our collection, use, and sharing of data on and from the Sites. Other than a claim filed in a court that is limited to adjudicating small claims, in the event of any dispute of any nature whatsoever relating to your use of the Sites, past, present or future, in law or in equity, including the determination of the scope, validity, or applicability of this agreement to arbitrate, you and Therakos agree and consent to binding arbitration at JAMS for all such disputes on an individual (not class) basis before a single arbitrator under the applicable JAMS Arbitration Rules and Procedures in effect at the time of the filing, rather than litigating the dispute in court. You may obtain a copy of the applicable JAMS rules at www.jamsadr.com. If JAMS is unavailable or unwilling to administer arbitration consistent with this section, another arbitration provider shall be selected by the parties that will administer the arbitration consistent with it. If the parties cannot agree on a provider, the parties may ask a court to appoint an arbitrator that will administer the proceeding consistent with this section.

You and Therakos also agree that: (a) by their dealings the parties’ conduct is in and affecting interstate commerce; and (b) the Federal Arbitration Act (FAA) applies and governs this agreement. To the extent state law is applicable under the FAA, the law of the state of Delaware shall apply, without regard to its choice of law provisions. The arbitrator shall have exclusive authority to determine the scope, validity, and enforceability of this arbitration agreement.

If the arbitration takes place in-person, it shall be held in the Philadelphia, Pennsylvania. If you commence an arbitration action against Therakos, you must provide notice to Therakos at:

Toby Godrich – Toby.Godrich@therakos.com

If Therakos commences an arbitration action against you it will send the notice to your last address of record with Therakos.

By agreeing to arbitration, the parties are giving up the right to a trial in court and the right to a jury, and there is more limited discovery than might otherwise be available in court.  In addition, you and Therakos agree not to participate in a class action, a class-wide arbitration, claims brought in a representative capacity, or consolidated claims if the other party hereto is a party to the proceeding.

For purposes of this Dispute Resolution section, Therakos includes its/their past, present, and future officers, directors, employees, agents, representatives, contractors, parent, subsidiaries, affiliates, successors, and assigns. In addition, the following persons or entities are intended third-party beneficiaries of this dispute resolution section and may enforce the terms of this section as if they were direct parties: (a) contractors who provided website, internet, or any other marketing services to Therakos; (b) companies with which Therakos shares data regarding your use of Therakos’s websites, including by way of illustration and not limitation, website analytics companies.

MyTherakos

If you use the MyTherakos feature of the Sites, you are solely responsible for maintaining the confidentiality and security of your information, other related login or account information, and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password. Therakos is not responsible for any losses arising out of the unauthorized use of your account. If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You agree that Therakos does not have any responsibility if you lose or share access to your device. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Sites or portions of them using your user name, password, or other security information. You agree to immediately notify us of any unauthorized use of your account or any other breach of security. In consideration of your use of the Sites, you agree to provide true, accurate, current and complete account information. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we may suspend or terminate your login or account and refuse any and all current and future use of the Sites to you. We reserve the right to refuse service and terminate logins or accounts.

Links to Third Party Websites

Occasionally, we may make available a link to a third party’s website. These links will let you leave the Sites. The linked websites are not under our control, and we are not responsible for the contents of any linked website, or any link or information contained in a linked website, or any changes or updates to such websites. We encourage you to review such third party’s online terms and privacy policies.

Disclaimer of Warranties and Limitation of Liability

THE SITE IS PROVIDED BY THERAKOS ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND WITH ALL FAULTS. TO THE FULLEST EXTENT PERMITTED BY LAW, THERAKOS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING AS TO THE OPERATION OF THE SITES OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED ON THE SITES, OR THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITES. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITES IS AT YOUR SOLE RISK.

To the fullest extent permitted by applicable law, we 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 any of the Sites or any services or items obtained through any of the Sites or to your downloading of any material posted on it, or on any other site linked to it.

Therakos does not warrant that the Sites, their servers, or e-mail sent from Therakos are free of viruses or other harmful components. Therakos will not be liable for any damages of any kind arising from the use of the Sites, including, but not limited to indirect, incidental, punitive and consequential damages.

The parties agree that the limitations of liability specified in this section are essential provisions of these terms, without which the Sites would not be made available. The parties further agree that these essential provisions are a reasonable allocation of risk and apply regardless of the form of action, whether in contract, tort (including, without limitation, negligence and strict liability), or otherwise, and apply even if any limited remedy specified in this agreement is found to have failed of its essential purpose.

Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions or limitations may not apply to you, and you might have additional rights. To the extent the above disclaimer of warranties and limitation of liability is restricted under law, the above limitation shall be applied to the maximum extent permitted under such law.

Governing Law

These Terms and Conditions shall be governed by the laws of the State of Delaware, without giving effect to the conflicts of law provisions.  To the extent that a dispute relating to your use of any of the Sites, these Terms and Conditions, or Therakos’s Privacy Statement, is not addressed or covered by the Dispute Resolution by Binding Individual Arbitration and Class Action Waiver, the parties agree that any such dispute shall be resolved in a court of competent jurisdiction in and for Philadelphia, Pennsylvania, and the parties submit to the personal jurisdiction and venue in such courts for such actions.

Severability and Survival

Except as otherwise provided herein, if any section or provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that section or provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining sections or provisions.

In addition to such other sections or provisions hereof which, by applicable law or by their terms, survive any termination or expiration of these Terms, the following sections or provisions shall survive termination of these Terms: (a) Dispute Resolution by Binding Individual Arbitration and Class Action Waiver; (b) Disclaimer of Warranties and Limitation of Liability; and (c) Governing Law.

Site Policies and Modification

Please review our other policies, such as our applicable privacy policies, posted on the Sites. We reserve the right to make changes to our Sites, policies, and these Terms at any time. All changes are effective immediately when we post them, and apply to all access to and use of each of the Sites thereafter. Your continued use of any of the Sites following the posting of revised Terms and Conditions or policies means that you accept and agree to the changes.

If Therakos amends the Dispute Resolution section of these Terms, those amendments will not apply to any dispute that Therakos had actual notice of on the date of the amendment. If Therakos terminates the agreement to arbitrate, the agreement to arbitrate will remain effective for disputes which arose prior to the date of termination.

We may update the content on the Sites from time to time, but its content is not necessarily complete or up-to-date. Any of the material on any of the Sites may be out of date at any given time, and we are under no obligation to update such material.