www.optinose.com User Agreement
THIS SITE, ITS CONTENT, THE EMAIL ALERT SERVICE AND THE OTHER SERVICES AND FEATURES AVAILABLE THROUGH THIS SITE ARE PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, CREATED BY LAW, CONTRACT OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. OPTINOSE MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE ACCURACY, COMPLETENESS, CURRENCY OR RELIABILITY OF THE CONTENT, THE EMAIL ALERT SERVICE OR THE OTHER SERVICES AND FEATURES AVAILABLE THROUGH THIS SITE. YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION BEFORE RELYING ON IT. USE OF THIS SITE, ITS CONTENT, THE EMAIL ALERT SERVICE AND THE OTHER SERVICES AND FEATURES AVAILABLE THROUGH THIS SITE IS AT YOUR SOLE RISK. OPTINOSE MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THIS SITE, THE EMAIL ALERT SERVICE OR THE OTHER SERVICES AND FEATURES AVAILABLE THROUGH THIS SITE WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE. FURTHER, OPTINOSE EXPRESSLY DISCLAIMS ANY OBLIGATION OR DUTY TO UPDATE OR CORRECT INFORMATION CONTAINED ON THIS SITE AND MAY CEASE THE EMAIL ALERT SERVICE OR ANY OTHER SERVICE OR FEATURE AVAILABLE THROUGH THIS SITE AT ANY TIME, WITHOUT NOTICE TO YOU. YOU ARE RESPONSIBLE FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY CONTENT OR MATERIAL YOU OBTAIN FROM THIS SITE, THE EMAIL ALERT SERVICE OR ANY OTHER SERVICE OR FEATURE AVAILABLE THROUGH THIS SITE IS FREE OF COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS.
Links to Other Websites
This Site may link You to other websites that are not owned or controlled by OptiNose. The fact that we provide a link to a third party website does not mean that we endorse, authorize or sponsor that website. It also does not mean that we are affiliated with the third party website’s owners or sponsors. These links are provided for Your convenience only. OptiNose expressly disclaims any responsibility for the content, the accuracy of the information, the quality of products or services provided by or advertised on these third-party sites and/or the collection and use of personally identifiable information by these third-party sites. If You choose to hyperlink to another website, You do so at Your own risk. We reserve the right to terminate a link to a third party website at any time.
Links from Other Websites to This Site
If a third party links to this Site, it is not necessarily an indication of an endorsement, authorization, sponsorship, affiliation, joint venture or partnership by or with us. In most cases, we are not aware that a third party has linked to this Site. OptiNose expressly disclaims any responsibility for the content, the accuracy of the information, the quality of products or services provided by or advertised on these third-party sites and/or the collection and use of personally identifiable information by these third-party sites.
OptiNose welcomes Your feedback and suggestions. Any ideas, suggestions, information, know-how, material or other content (collectively, “content”) received through this Site, including emails to OptiNose or postings on interactive portions of the Site, shall be deemed PROVIDED ON A NON-CONFIDENTIAL BASIS with no obligation on the part of OptiNose to keep such information secret.
You hereby grant OptiNose a royalty-free, perpetual, irrevocable, transferable, worldwide, nonexclusive right and license for OptiNose to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works, display (in whole or part) or act on such content without additional approval or consideration, in any form, media or technology now known or later developed for the full term of any rights that may exist in such content. OptiNose is free to use, for any purpose whatsoever, any content, including but not limited to publishing, or developing, manufacturing and marketing products using such content. You warrant that all “moral rights” in any content have been waived and you hereby RELEASE OptiNose from any liability under any legal theory in connection with the use, modification, sale or disclosure of any content.
You are not authorized to post on or transmit to or from this Site any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic or profane material, or any other content that could give rise to any civil or criminal liability under the law.
Intellectual Property Rights
All materials contained on this Site are protected by law, including but not limited to United States copyright and trademark law, as well as other state, national, and international laws and regulations. The contents of and all materials distributed in conjunction with this Site are Copyright © 2017 OptiNose, Inc. and/or its affiliate and subsidiary companies, or its licensors, all rights reserved. OptiNose also owns a copyright in this Site as a collective work and/or compilation, and in the selection, coordination, arrangement and enhancement of such content. OptiNose® and Breath Powered® are registered trademarks of OptiNose, Inc. or its affiliate and subsidiary companies. XHANCE™ is a trademark of OptiNose, Inc. or its affiliate and subsidiary companies. Unauthorized use of any material or trademarks contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity, communications regulations and statutes and other laws and regulations. Please be aware that OptiNose actively and aggressively enforces its intellectual property rights to the fullest extent of the law.
Copyright Owners’ Rights Under the Digital Millennium Copyright Act of 1998
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under United States copyright law. If You believe in good faith that materials hosted by OptiNose infringe Your copyright, You (or Your agent) may send us a notice requesting that the materials be removed, or access to them blocked. If You believe in good faith that a notice of copyright infringement has been wrongly filed against You, the DMCA permits You to send us a counter-notice. Notices and counter-notices must meet statutory requirements imposed by the DMCA. One place to find more information on the DMCA is the U.S. Copyright Office website. Notices and counter-notices for the Site should be sent to: General Counsel, OptiNose, Inc., 1020 Stony Hill Road, Suite 300, Yardley, Pennsylvania 19067.
Limitation of Liability