PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE. YOUR ACCESS AND USE OF THIS SITE INDICATES THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU ARE NOT AUTHORIZED TO USE THE WEBSITES. PLEASE EXIT IMMEDIATELY.

AlphaNet, Inc. (“AlphaNet”) may revise and update these Terms of Use at any time by posting an updated version of these Terms of Use. Your continued usage of the Websites means you accept those changes. The current version of the Terms of Use will normally be available for your reference from a link at the bottom of each page of the Websites.

THE WEBSITES DO NOT PROVIDE MEDICAL ADVICE

The content of the Websites, including all text, graphics, images, and other material (individually and collectively, the “Content”) are for informational purposes only. The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on the Websites. If you think you may have a medical emergency, call your doctor or 911 immediately. AlphaNet does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Websites. Reliance on any information provided by AlphaNet, AlphaNet employees, others appearing on the Site at the invitation of AlphaNet, or other visitors to the Websites is solely at your own risk. The Websites may contain health or medical related materials that are sexually explicit. If you find these materials offensive, you may not want to use our Websites. The information contained on alphanetbfrg.org (the “BFRG Site”) has been compiled by AlphaNet, with the assistance of a variety of sources. Contributions to the BFRG Site have been made by scientists, physicians and other health care providers, as well as by individuals diagnosed with Alpha-1 antitrypsin deficiency. However, neither AlphaNet, nor any contributors to the BFRG Site, directly or indirectly, have been authorized to practice medicine or dispense medical services as part of the development and publication of the BFRG Site.

The Websites may contain treatment modalities. These treatment plans are designed as standard generic advice and should not be relied upon, without separate medical advice by any person as a treatment plan designed to cover any particular individuals symptoms or conditions. The treatment modalities are strictly for informational purposes and should not be considered medical advice.

The Websites may contain information on prescription drugs. Such information is not intended to satisfy any government regulations requiring disclosure of information on prescription drug products. You should consult with your healthcare provider before taking any prescription drug.

CONTENT

The Content is protected by copyright under both United States and foreign laws. Title to the Content remains with AlphaNet or the respective owner, and all rights not expressly granted herein, are reserved to AlphaNet. You are authorized to view and make one electronic or print copy of the material on the Websites solely for your personal, non-commercial use. All computer systems, procedures, and databases created, operated, maintained or accessed by AlphaNet in connection with the Websites, contain proprietary and confidential information of substantial economic value to AlphaNet. This information includes operations, systems, products, business relationships, marketing approaches, software, hardware, codes, trade secrets, information technology, information systems, plans and projections, as well as concepts and ideas. Any unauthorized use, misuse, or disclosure of such information is strictly prohibited and may result in civil liabilities and criminal penalties under applicable law. Any use of the Content not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws. Content and features are subject to change or termination without notice in the editorial discretion of AlphaNet. If you violate any of these Terms of Use, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Content. All content included on the Websites, including all text, graphics, logos, and software, is the property of AlphaNet and is protected to the full extent of U.S. and international copyright laws. All software, computer code, and the compilation of the components of the Websites are the property of AlphaNet and are protected by all applicable U.S. and international copyright laws. The Websites and their content only may be used as permitted by AlphaNet in these Terms of Use. All other uses, including reproduction, modification, distribution, transmission, republication, or display of the Content on the Websites is strictly prohibited.

LIABILITY OF ALPHANET

The use of the Websites and the Content is at your own risk. When using the Websites, information will be transmitted over a medium that may be beyond the control of AlphaNet. Accordingly, AlphaNet assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Websites. The Websites and the Content are provided on an “as is” basis.

YOUR ACCOUNT PASSWORDS

Some portions of the Websites, including the BFRG Site, require you to create an account. You represent and warrant that all information you submit when you create your account is accurate, current, and complete, and that you will keep your information accurate, current, and complete. If AlphaNet has reason to believe that your account information is untrue, inaccurate, out-of-date, or incomplete, AlphaNet reserves the right, in its sole and absolute discretion, to suspend or terminate your account and therefore your access to portions of the Websites.

You are solely responsible for all activity that occurs through your account, whether authorized by you or not, and you are responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to your passwords or accounts. It is your sole responsibility to (1) control the dissemination and use of your password; (2) authorize, monitor, and control access to and use of your password; (3) promptly inform AlphaNet of any need to deactivate a password. For security purposes AlphaNet recommends that you change our password every 30-180 days. Subject to this AlphaNet’s Privacy Notice, you grant AlphaNet and all other persons or entities involved in the operation of the Websites the right to transmit, monitor, retrieve, store, and use your information in connection with the operation of the Website. AlphaNet cannot and does not assume any responsibility or liability for any information you submit, or your or third parties’ use or misuse of information transmitted or received while using the Websites.

RESTRICTED ACCESS

Certain portions of the Websites and the Content are restricted to participants in several programs associated with AlphaNet’s health/disease management services. Your ability to participate in such programs is governed by the rules and eligibility criteria of such programs. As a result, your ability to access such portions of the Websites will be based on your willingness to participate in, and your eligibility for, participation in such programs. You will be separately obligated to satisfy such criteria. Your participation in such programs is at your own risk and you, along with your healthcare provider, are personally responsible for verifying their suitability for your needs.

Certain areas of the Websites may be supported by commercial entities not affiliated with AlphaNet. Commercial entity support should not be viewed as an endorsement by AlphaNet of such entities products or services.

JURISDICTION

You expressly agree that these Terms of Use, and any dispute arising from your use of the Websites, shall be governed by and construed in accordance with the laws of the State of Florida, without giving effect to its conflicts of law provisions. You hereby submit, through use of the Websites, to the exclusive jurisdiction of the courts of the State of Florida, and of the United States courts located within Florida for purposes of any and all litigation arising out of your use of the Websites or any dispute including any claim involving AlphaNet or AlphaNet’s employees, contractors, officers, directors, telecommunications providers, and content providers. You waive any objections to the forum of Florida for lack of venue, forum non conveniens, or any other jurisdictional grounds.

Further, AlphaNet makes no claim that the content on the Websites, particularly the BFRG Site, is appropriate or that it may be viewed legally outside of the United States of America. Access to the Websites may not be legal in certain countries. If you access the Websites from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

LIMITATIONS ON USE

Unless you have obtained AlphaNet’s prior written permission, you may not do any of the following or permit any other person under your authority or control do so:

  • Copy, reproduce, republish, upload, post, transmit, or distribute in any way material from the Websites in any manner inconsistent with the purposes for which it is offered by us.
  • Use or encourage the use of the Websites or any Content for any unlawful or unauthorized purpose.
  • Violate or infringe the intellectual property rights of AlphaNet or of third parties, including copyright, trademark, patent, rights of privacy or publicity, or any other proprietary right.
  • Upload, post, e-mail or otherwise transmit any advertising or promotional materials, including without limitation, “junk mail,” “surveys,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation or unauthorized communication.
  • Copy, modify, or display or download AlphaNet’s name, trademarks, or logo or any text, copyrighted works, graphic images, or other proprietary content from the Websites.
  • Redeliver any of the pages, text, images, or other content of the Websites using “linking”, “deep linking” or “framing” technology.
  • Use devices (including software) that are designed to provide repeated automated access to the Websites other than those made generally available by us or probe, scan, or test the vulnerability of any system or network related in any way to the Websites.
  • With the exception of web browser software, or other applications approved by AlphaNet, use any software, program, application or any other device to access or log on to the Websites, or to automate the process of obtaining, downloading, transferring or transmitting any Content from the Websites.
  • Include any AlphaNet mark, the name of any of AlphaNet personnel, or any variation of any of the foregoing, as a metatag, hidden textual element, or any other indicator that may create a false or misleading impression of affiliation, sponsorship, or endorsement between any user and/or website and AlphaNet.
  • Collect or store personal data about other users of the Websites.
  • Upload, e-mail or otherwise transmit any material that contains viruses or any other computer code, files or programs that might interrupt, limit or interfere with the functionality of any computer software or hardware, or telecommunications equipment.
  • Use any electronic communication feature of the Websites for any purpose that is unlawful, tortious, abusive, intrusive on another’s privacy, harassing, libelous, defamatory, embarrassing, obscene, threatening, hateful, offensive, or sexually explicit.
  • Intercept or expropriate any system data.
USER SUBMISSIONS AND POSTS ON ALPHANET’S SOCIAL MEDIA PAGES

The personal information you submit to AlphaNet is governed by the AlphaNet Privacy Notice. To the extent there is an inconsistency between this Agreement and the AlphaNet Privacy Notice, this Agreement shall govern.

You may post on AlphaNet’s social media pages, which include Facebook, Twitter, and LinkedIn, but may also include YouTube, Instagram, and Pinterest, and others (collectively “Social Media Pages”). You agree that you will not post, upload, or transmit any communications of any type to the Social Media Pages that infringe or violate any rights of any party. By posting on the Social Media Pages, you agree to comply with these Terms of Use. AlphaNet reserves the right to remove your posts for any reason, including posts that we believe violate our Terms of Use. By posting on the Social Media Pages, you further agree that such submission is non-confidential for all purposes. It is important to note that AlphaNet is not responsible for the operation, terms of use or policies of any Social Media Page. Before using any Social Media Page you should review its terms of use and policies, including its privacy policy or privacy notice.

You agree to only post or upload media (like photos, videos, or audio) on any AlphaNet Social Media Page that you have taken yourself or that you have all rights to transmit and license and which do not violate trademark, copyright, privacy, or any other rights of any other person.

To protect your privacy, you agree that you will not submit any media that contains Personally Identifiable Information (like name, phone number, email address, or physical address) of you or of anyone else. Uploading media such as images or video of other people without their permission is strictly prohibited.

By uploading any media on an AlphaNet Social Media Page, you warrant that you have permission from all persons appearing in your media for you to make this contribution and grant rights described herein. Do not post a picture or video of or with someone else unless you have their explicit permission.

It is strictly prohibited to upload media of any kind that contain expressions of hate, abuse, offensive images or conduct, obscenity, pornography, sexually explicit or any material that could give rise to any civil or criminal liability under applicable law or regulations or that otherwise may be in conflict with these Terms of Use or AlphaNet’s Privacy Notice.

You agree that you will not upload any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or this Web site.

By uploading any media on an AlphaNet Social Media Page like a photo or video: (a) you grant to AlphaNet a perpetual, irrevocable, non-exclusive, worldwide, royalty-free, fully sublicensable right and license to use, copy, print, publicly display, reproduce, modify, publish, post, transmit, create derivative works from, and distribute the media and any material included in the media; (b) you certify that any person pictured in the submitted media (or, if a minor, his/her parent/legal guardian) authorizes AlphaNet to use, copy, print, publicly display, reproduce, modify, publish, post, transmit, create derivative works from, and distribute the media and any material included in such media; and (c) you agree to indemnify AlphaNet and its affiliates, directors, officers and employees and hold them harmless from any and all claims and expenses, including attorneys’ fees, arising from the media and/or your failure to comply with these Terms of Use.

AlphaNet reserves the right to review all media prior to submission to the Social Media Sites and to remove any media for any reason, at any time, without prior notice, at our sole discretion.

PROFESSIONAL AREAS

Certain portions of the Websites are designed to provide information to physicians and other health care providers. These sections contain articles, references, tools, continuing education for medical professionals, and advertising. These sections are designed for adults who are licensed healthcare professionals. While we hope you find it helpful, you should remember that it is not meant to serve as a substitute for your own clinical judgment as a healthcare professional. If you are not a healthcare professional but chose to use the professional-level information on the Websites, you should not rely on that information as professional medical advice or use it to replace any relationship with your physician or other qualified healthcare professional. For medical concerns, including decisions about medications and other treatments, you should always consult your physician or, in serious cases, seek immediate assistance from emergency personnel.

Although we are selective about the organizations we link to, we don’t assume any responsibility for any web sites that are linked to our Websites or that you browse after following a link from our Websites. While we welcome your feedback on the Websites, we must make the final decisions about the content that is posted on the Websites to make sure it meets the needs of all our users. If you are dissatisfied with the content of the Websites, your only remedy is to stop using the Websites.

Individuals with Alpha-1 antitrypsin deficiency are specifically cautioned to seek professional medical advice before beginning any sort of health treatment. For medical concerns, including decisions about medications and other treatments, such individuals should always consult their physician or other qualified healthcare professional.

We include clinical tools, including treatment modalities and databases intended for use by healthcare professionals. Our tools are not intended to provide professional advice or recommend particular products. Physicians and other healthcare professionals who use our tools or databases should exercise their own clinical judgment as to the results. Individuals who use the tools or databases do so at their own risk.

We follow a standard set of editorial procedures for information that we put on the Websites. However, we do not offer you any warranty or guarantee related to the Websites. We specifically disclaim any warranties, express or implied, including implied warranties or merchantability or fitness for a particular purpose. It is your responsibility to evaluate the information and results from tools we provide. If you are a healthcare professional, you should exercise your professional judgment in evaluating any information, and we encourage you to confirm the information contained on the Websites with other sources before undertaking any treatment based on it. If you are not a healthcare provider, you should evaluate the information together with your physician or another qualified healthcare professional.

MONITORING OF WEBSITES

Subject to our Privacy Notice, we reserve the right to monitor any and all use of the Websites. We are under no obligation to do so and assume no responsibility or liability arising from our doing so or omission to do so. We may monitor your use of this Site to evaluate the quality of service you receive, your compliance with these Terms of Use, the security of the Websites, or for other lawful reasons. Subject to applicable law you agree that you will not be entitled to any cause of action or other right with respect to AlphaNet concerning such monitoring activities.

DISCLAIMERS

THE MATERIALS ON THE WEBSITES (INCLUDING ANY GRAPHICS) AND ANY MATERIALS MADE AVAILABLE ON OR THROUGH THE WEBSITES ARE SUBJECT TO APPLICABLE STATUTES AND REGULATIONS, AND ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, ALPHANET DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

ALPHANET DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THE WEBSITES IN TERMS OF THEIR COMPLETENESS, ACCURACY, RELIABILITY, TIMELINESS OR OTHERWISE. THE MATERIALS IN THE WEBSITES COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. THESE MATERIALS COULD BECOME INACCURATE AS A RESULT OF DEVELOPMENTS OCCURRING AFTER THEIR RESPECTIVE DATES. ALPHANET UNDERTAKES NO OBLIGATION TO MAINTAIN THE CURRENCY OF SUCH INFORMATION.

CERTAIN LINKS IN THE WEBSITES MAY LINK THE USER TO OTHER SITES INCLUDING SITES DESCRIBING OR OFFERING PARTICIPATION IN CLINICAL TRIALS. THE LINKED SITES ARE NOT UNDER THE CONTROL OF ALPHANET AND ALPHANET IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES. ALPHANET IS NOT RESPONSIBLE FOR WEBCASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED FROM ANY LINKED SITE. ALPHANET IS PROVIDING THESE LINKS TO THE USER ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY A REFERRAL BY ALPHANET TO, AN ENDORSEMENT OR SPONSORSHIP BY ALPHANET OF, OR AFFILIATION BY ALPHANET WITH, THE LINKED SITE, ITS SERVICES, ITS OWNER, OPERATOR, SPONSORING ORGANIZATION OR INTERNET PROVIDER.

AS TO THE OPERATION OF THE WEBSITES, ALPHANET EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ALPHANET MAKES NO WARRANTY THAT (i) THE OPERATION OF THE WEBSITES WILL MEET THE USER’S REQUIREMENTS OR EXPECTATIONS; (ii) ACCESS TO THE WEBSITES WILL BE UNINTERRUPTED, TIMELY, SECURE, FREE OF UNAUTHORIZED CODE OR OTHER HARMFUL COMPONENTS, OR FREE OF ERROR OR MALFUNCTION; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITES WILL BE ACCURATE OR RELIABLE; OR (iv) ERRORS OR DEFECTS WILL BE CORRECTED. THE USER (AND NOT ALPHANET) ASSUMES THE ENTIRE COST OF ALL SERVICING, REPAIR, OR CORRECTION THAT MAY BE NECESSARY FOR THE USER’S COMPUTER EQUIPMENT AND SOFTWARE AS A RESULT OF ANY UNAUTHORIZED CODE, ERRORS OR OTHER PROBLEMS THE USER MAY HAVE AS A RESULT OF ACCESSING THE WEBSITES.

LIMITATION OF LIABILITY

UNLESS DUE TO WILLFUL TORTIOUS MISCONDUCT OR GROSS NEGLIGENCE, ALPHANET SHALL NOT HAVE ANY LIABILITY IN TORT, CONTRACT OR OTHERWISE (AND AS PERMITTED BY LAW, PRODUCT LIABILITY) TO USERS OR ANY THIRD PARTY.

UNDER NO CIRCUMSTANCES SHALL ALPHANET BE LIABLE TO A USER OR ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, REVENUE, INCOME, GOODWILL, USE, DATA, TIME OR OTHER INTANGIBLE LOSSES) THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE WEBSITES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF, OR THE INFORMATION AVAILABLE ON, THE WEBSITES.

ALPHANET SHALL NOT BE LIABLE TO A USER OR THIRD PARTY EVEN IF ANY OF THEM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE DAMAGES INCLUDE BUT ARE NOT LIMITED TO DAMAGES OR INJURY CAUSED BY ERROR, OMISSION, INTERRUPTION, DEFECT, FAILURE OF PERFORMANCE, DELAY IN OPERATION OR TRANSMISSION, LINE FAILURE OR UNAUTHORIZED CODE OR OTHER HARMFUL COMPONENT.

APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. HOWEVER, IN NO EVENT SHALL TOTAL LIABILITY TO YOU BY ALPHANET FOR DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT.

INDEMNIFICATION

You agree to indemnify, defend, and hold harmless AlphaNet from any claim, demand, loss, costs or expense, including attorneys’ fees and costs, made by any person arising out of your violation of these Terms of Use or any other person’s rights hereunder, including violation of any intellectual property or privacy right. AlphaNet may, at its own expense, participate in any matter subject to indemnification by you, and you shall not settle any such matter in a manner prejudicial to the rights of AlphaNet without the written consent of AlphaNet, which shall not be unreasonably withheld

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PRIVACY AND SECURITY

For information on how AlphaNet uses and protects the personal information of users of its Websites, please click here to view the Privacy Notice.

U.S. GOVERNMENT END USERS

If you are affiliated with the U.S. government, then you should know that the software and documentation available on our Websites are “commercial items”, as that term is defined in 48 C.F.R. § 2.101 (October 1995), consisting of “commercial computer software” and “commercial computer software documentation”, as such terms are used in 48 C.F.R. § 12.212 (September 1995). Consistent with 48 C.F.R. § 12.212 and 48 C.F.R. § 227.7201-1 through 27.7202-4 (June 1995), all U.S. government end users utilize the software and documentation within our Websites with only those rights set forth herein.

COMPLETE AGREEMENT

These Terms of Use and the AlphaNet Privacy Notice constitute the entire agreement between you and AlphaNet with respect to the use of the Websites.

Thank you for your cooperation. We hope you find the Websites helpful and convenient to use. Questions or comments regarding the Websites, including any reports of non-functioning links, should be submitted to [email protected].