Terms of Use


The ProPhase website (the “Site”) and its services are subject to the following Terms of Use Agreement (“Terms”). We reserve the right to update or modify the Terms at any time without notice. By using this Site, you acknowledge and agree to these limitations as set forth herein, and your continued use of the Site serves as your acknowledgment and agreement with any updates or modifications that may be made to the Terms from time to time. If you do not agree with the Terms as set forth herein, or as it may be updated or modified from time to time, please do not access the Site.

Description of Services

All information, downloads, and other features of the Site (“Services”), including any updates, enhancements, new features, and/or the addition of any new web properties, are subject to the Terms.

Intellectual Property

We own, control, license or have the right to use and provide the Site and Services and all material on the Site and Services, including without limitation text, images, articles, photographs and illustrations, audio and video clips and/or other tangible expressions, (collectively the “Content”). The Site and Services are also protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other copyright laws. We are the owner of the copyright in the entire Site and Services. We own the copyrights in the selection, coordination, arrangement and enhancement of the Site and Services. You agree to abide by any and all copyright notices, information or restrictions displayed on the Site and Services. You acknowledge that you do not acquire any ownership rights by your permitted use of the Site, its content or any Services. You are responsible for complying with all applicable laws, rules and regulations regarding your use of any content. In the event of any permitted copying, redistribution or publication of material from the Site and Services, no changes in or deletion of author attribution, trademark, legend or copyright notice shall be made.

Use of Content

Use of any of the Content is for informational and non-commercial or personal use only. You may not modify any content, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, post on any network, broadcast in any media or sell any information, software, products or services obtained from the Services unless expressly permitted in writing by the owners of this Site. Elements of this Site are protected by trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part.

By accessing this Site, you are receiving a non-exclusive, non-transferable, limited license and right to access, use and display the Site and Services and the materials thereon for your personal informational use only, provided that you comply fully with the Terms. None of the material contained on the Site or Services may be reverse-engineered, disassembled, decompiled, transcribed, stored in a retrieval system, translated into any language or computer language, retransmitted in any form or by any means, including without limitation, electronic, mechanical, photoreproduction, recordation or otherwise, without our prior written consent. You shall not interfere or attempt to interfere with the operation of the Site or Services in any way through any means, software, routine or device including, but not limited to, spamming, hacking, uploading computer viruses or time bombs, or the means expressly prohibited by any provision of the Terms. You may not use any robot, spider, other automatic device, or manual process to monitor or copy our Site or Services or any content contained thereon or for any other purpose without our prior express written permission. You may not take any action that imposes an unreasonable or disproportionately large load on our infrastructure.

Limits of Liability

We make no warranties or representations of any kind that the Services provided by this Site or any linked site will be uninterrupted, error-free, or that the Site or the server that hosts the Site are free from viruses or other forms of harmful computer code. This Site is provided on an “as is” and “as available” basis. We make no representations or warranties of any kind, express or implied, as to the Site’s operation or the information, content or materials included on this site. To the fullest extent permissible by applicable law, we hereby disclaim all warranties, express or implied, including but not limited to implied warranties of merchantability and fitness for any particular purpose. In no event shall this Site, its agents, or anyone else who has been involved in the creation, production, or delivery of these pages, be liable for any direct, incidental, or consequential damages resulting from the use of this Site or any External Links, or for the acts, omissions and conduct of any users, advertisers and/or sponsors on the Site or Services or otherwise related to your use of the Site and/or Services, including liability liable for any lost data resulting from the operation of the Site, provision of Services and/or the enforcement of the Terms. With respect to goods or services purchased from vendors who may be linked to or advertise on the Site, we will not be liable for any damages of any kind arising from the use of or inability to use this Site. You expressly agree that you use this Site and the Services solely at your own risk.

You hereby agree to indemnify the Site and its owners from and against any and all claims, actions, losses, damages, liabilities, and all fees, costs and expenses of any kind related thereto (including without limitation, attorneys’ fees and settlement amounts) incurred or suffered by such parties in connection with any claim arising out of, based upon or resulting from: (i) your use of, or inability to use, the Site or Services; (ii) any negligence, willful misconduct or any breach of the Terms, including without limitation, breach of any warranty, covenant or any other obligation.

External Links

Links to other websites included on the Site or as part of the Services (the “External Links”) do not imply an endorsement of the materials disseminated at the External Links, nor does the existence of any External Links imply that the organization or person publishing at such External Links endorse any of the materials at this Site. External Links are provided by this Site as a convenience to its users. We are not responsible for the materials contained at any External Links.

We cannot guarantee, represent or warrant that the content contained in any External Link is true, accurate, lawful and/or inoffensive. We have no control over the External Links or the content within them. We do not warrant that any third party site will be free of viruses or will not adversely impact your computer. You should direct any concerns regarding any External Link to its site administrator or webmaster.

No Responsibility For User Transmitted Material

You acknowledge that transmissions to and from this Site, including between this Site and any External Links, are not confidential and your communications may be read or intercepted by others. You acknowledge that by submitting communications to us, the Site or any External Links, no confidential, fiduciary, contractually implied or other relationship is created between you and us or any affiliate or subsidiary other than pursuant to the Terms.

Unlawful or Prohibited Use

As a condition of your use of the Services, you will not use the Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Services in any manner that could damage, disable, overburden, or impair this website, or interfere with any other party’s use and enjoyment of the Services. You may not attempt to gain unauthorized access to any Services, computer systems or networks connected to any server hosting the Site or to any of the Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services.

Always use caution when giving out any personally identifiable information in any Services. This Site does not control or endorse the content, messages or information found herein or on any linked site and, therefore, we specifically disclaim any liability with regard to the external sites linked herein and any actions resulting from your participation in any services or activities offered on or by such external sites.

Governing Law/International Issues

The Terms shall be interpreted in accordance with the laws of the State of New York in the United States of America. Information that is submitted to this Site will be collected, processed, stored, disclosed and disposed of in accordance with the laws of the State of New York, or, as the case may be, applicable U.S. law. If you are a non-U.S. User, you acknowledge and agree that U.S. law may not provide the degree of protection that is available in other countries. By using the Site, you acknowledge that your have read the Terms, understand it, agree to its terms and consent to the application of law that may be outside your resident jurisdiction. If you do not consent to the Terms, please do not use this Site.
Contact us if you have any questions: info@prophase.com