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USA MadeUSA MadeTerms of Service
These Terms and Conditions (“Terms”) govern your access to and use of the Website and any related services, features, content, or applications offered by ENERTIVA (“we,” “us,” or “our”).
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE WEBSITE. BY ACCESSING OR USING THE WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS AND OUR PRIVACY POLICY. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT ACCESS OR USE THE WEBSITE.
IMPORTANT: THIS WEBSITE IS INTENDED SOLELY FOR LICENSED HEALTHCARE PROFESSIONALS. ENERTIVA IS A MANUFACTURER AND SUPPLIER OF PRODUCTS FOR PROFESSIONAL USE ONLY. ENERTIVA DOES NOT PROVIDE MEDICAL ADVICE, TREATMENT RECOMMENDATIONS, OR CLINICAL GUIDANCE OF ANY KIND.
1.1 Agreement to Terms.
By accessing or using the Website, you represent that you have read, understood, and agree to be bound by these Terms. If you are accessing the Website on behalf of a business entity, you represent that you have the authority to bind that entity to these Terms.
1.2 Modifications.
ENERTIVA reserves the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms on the Website with a new “Last Updated” date. Your continued use of the Website after any modifications constitutes your acceptance of the revised Terms. It is your responsibility to review these Terms periodically.
1.3 Additional Agreements.
Certain features of the Website, including account registration and product ordering, are governed by additional agreements, including the Provider Terms and Conditions. In the event of a conflict between these Terms and any additional agreement, the additional agreement shall control with respect to the specific subject matter covered therein.
2.1 Professional Use Only.
The Website is intended solely for use by licensed healthcare professionals, including physicians, nurse practitioners, physician assistants, and other licensed providers authorized to prescribe, dispense, or administer pharmaceutical products within their scope of practice. The Website is not intended for use by the general public or consumers.
2.2 ENERTIVA’s Role.
ENERTIVA is solely a manufacturer and supplier of products labeled “For Professional Use Only.” The Website provides information about ENERTIVA and its products for qualified healthcare professionals. Nothing on the Website constitutes medical advice, treatment recommendations, clinical guidance, or any other form of professional healthcare advice.
2.3 No Medical Advice.
The content on the Website, including product descriptions, specifications, and technical information, is provided for informational purposes only and does not constitute:
(a) Medical, clinical, or treatment advice
(b) Recommendations for any particular patient, condition, or use
(c) Guidance on prescribing, dosing, administration, or treatment protocols
(d) Advice on regulatory compliance or scope of practice matters
(e) Representations regarding the safety or efficacy of any product for any use
(f) A substitute for professional medical judgment or consultation with qualified counsel
2.4 Professional Responsibility.
Healthcare professionals accessing the Website are solely responsible for exercising independent professional judgment in all clinical decisions. Any decision to use ENERTIVA products must be based on the provider’s own evaluation, training, and compliance with applicable laws and regulations.
3.1 Account Registration.
Certain features of the Website require you to create an account. To create an account, you must provide accurate, current, and complete information as requested during registration, including verification of your professional license.
3.2 Account Eligibility.
To create an account, you must:
(a) be at least 18 years of age;
(b) hold a valid, active, unrestricted healthcare license that authorizes the purchase and use of ENERTIVA products;
(c) provide truthful and accurate information; and
(d) agree to the Provider Terms and Conditions governing product purchases.
3.3 Account Security.
You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to:
(a) create a strong, unique password;
(b) not share your login credentials with any third party;
(c) notify ENERTIVA immediately of any unauthorized access or security breach; and
(d) log out of your account at the end of each session.
3.4 Account Suspension or Termination.
ENERTIVA reserves the right to suspend or terminate your account at any time, with or without notice, for any reason, including if ENERTIVA believes you have violated these Terms, provided false information, or engaged in fraudulent or unlawful activity.
4.1 Permitted Use.
You may use the Website only for lawful purposes and in accordance with these Terms. You agree to use the Website solely for:
(a) obtaining information about ENERTIVA and its products;
(b) creating and managing your account;
(c) placing orders for products (subject to the Provider Terms and Conditions); and
(d) communicating with ENERTIVA regarding your account or orders.
4.2 Prohibited Conduct.
You agree not to:
(a) Use the Website for any unlawful purpose or in violation of any applicable law or regulation
(b) Misrepresent your identity, professional credentials, or affiliation
(c) Provide false, inaccurate, or misleading information
(d) Access or attempt to access any portion of the Website to which you are not authorized
(e) Interfere with or disrupt the Website or servers or networks connected to the Website
(f) Use any automated system, including bots, spiders, or scrapers, to access the Website
(g) Attempt to probe, scan, or test the vulnerability of the Website or breach security measures
(h) Transmit any viruses, malware, or other harmful code
(i) Collect or harvest any information from the Website without authorization
(j) Use the Website to send unsolicited communications or spam
(k) Impersonate ENERTIVA or any ENERTIVA employee or representative
(l) Reproduce, distribute, or publicly display any Website content without authorization
(m) Reverse engineer, decompile, or disassemble any software or technology used on the Website
(n) Use the Website in any manner that could damage, disable, or impair the Website
4.3 Compliance with Laws.
You agree to comply with all applicable federal, state, and local laws and regulations in connection with your use of the Website, including laws governing professional licensing, healthcare practice, and the purchase and use of pharmaceutical products.
5.1 Ownership.
The Website and all content, features, and functionality thereof, including but not limited to text, graphics, logos, images, photographs, videos, software, code, data compilations, and the design, selection, and arrangement thereof (collectively, “Content”), are owned by ENERTIVA, its licensors, or other content providers and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.
5.2 Trademarks.
“ENERTIVA” and all related names, logos, product and service names, designs, and slogans are trademarks of ENERTIVA or its affiliates. You may not use such marks without ENERTIVA’s prior written permission. All other names, logos, and marks appearing on the Website are trademarks of their respective owners.
5.3 Limited License.
Subject to your compliance with these Terms, ENERTIVA grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Website for your personal, non-commercial use in connection with your professional practice. This license does not include the right to:
(a) modify, copy, or create derivative works of the Website or Content;
(b) use the Website or Content for any commercial purpose other than as expressly permitted;
(c) remove any copyright, trademark, or other proprietary notices; or
(d) transfer, sublicense, or assign your rights under this license.
5.4 Reservation of Rights.
All rights not expressly granted herein are reserved by ENERTIVA. Nothing in these Terms shall be construed as granting any license or right to use any Content except as expressly stated herein.
6.1 Product Descriptions.
ENERTIVA attempts to provide accurate product descriptions, specifications, and other information on the Website. However, ENERTIVA does not warrant that product descriptions, pricing, or other Content is accurate, complete, current, or error-free. Product images are for illustrative purposes only and may not exactly reflect the actual product.
6.2 FDA Status.
Products described on the Website are not FDA-approved and are labeled “For Professional Use Only.” ENERTIVA makes no representations regarding the regulatory status, permissible uses, safety, or efficacy of any product for any particular indication or patient. Healthcare professionals are solely responsible for determining whether the use of any product is lawful and appropriate.
6.3 No Endorsement.
Reference to any product, process, publication, or service by trade name, trademark, manufacturer, or otherwise does not constitute or imply endorsement, recommendation, or favoring by ENERTIVA. Any scientific or clinical references provided on the Website are for informational purposes only and do not constitute ENERTIVA’s endorsement of any particular use or application.
6.4 Pricing and Availability.
All prices displayed on the Website are subject to change without notice. ENERTIVA reserves the right to modify, discontinue, or limit the availability of any product at any time without prior notice. ENERTIVA is not responsible for typographical errors regarding pricing or product information.
7.1 Website Provided “As Is”
THE WEBSITE AND ALL CONTENT, FEATURES, AND FUNCTIONALITY THEREOF ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, ENERTIVA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
7.2 No Warranty of Accuracy.
ENERTIVA does not warrant that:
(a) the Website will be available, uninterrupted, secure, or error-free;
(b) any errors or defects will be corrected;
(c) the Website is free of viruses or other harmful components; or
(d) the Content is accurate, complete, current, or reliable for any purpose.
7.3 No Medical Warranty.
ENERTIVA makes no warranty or representation regarding the safety, efficacy, regulatory status, or appropriateness of any product for any particular use, indication, or patient. All clinical decisions are the sole responsibility of the healthcare professional.
7.4 Third-Party Links.
The Website may contain links to third-party websites or resources. ENERTIVA provides these links for convenience only and is not responsible for the content, products, or services offered by third parties. Your use of third-party websites is at your own risk and subject to the terms and conditions of those websites.
7.5 Product Warranties.
The disclaimers in this Section 7 apply solely to your use of the Website. Any warranties related to ENERTIVA products are governed exclusively by the Provider Terms and Conditions.
7.6 Jurisdictional Limitations.
Some jurisdictions do not allow the exclusion of certain warranties. In such jurisdictions, the above exclusions may not apply to you to the extent prohibited by applicable law.
8.1 Exclusion of Damages
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL ENERTIVA, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, SUCCESSORS, OR ASSIGNS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ENERTIVA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
8.2 Liability Cap
TO THE FULLEST EXTENT PERMITTED BY LAW, ENERTIVA’S TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THE WEBSITE OR THESE TERMS SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100.00) OR THE AMOUNT YOU PAID TO ENERTIVA IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, WHICHEVER IS GREATER.
8.3 Basis of the Bargain.
You acknowledge that ENERTIVA has offered the Website and entered into these Terms in reliance upon the disclaimers and limitations of liability set forth herein, which reflect a reasonable and fair allocation of risk and form an essential basis of the bargain between you and ENERTIVA.
8.4 Product Purchases.
The limitations of liability in this Section 8 apply solely to your use of the Website. Liability related to the purchase, use, or administration of ENERTIVA products is governed exclusively by the Provider Terms and Conditions, which contain separate limitation of liability provisions.
8.5 Jurisdictional Limitations.
Some jurisdictions do not allow the exclusion or limitation of certain damages. In such jurisdictions, the above exclusions and limitations may not apply to you to the extent prohibited by applicable law.
8.6 Essential Purpose.
The limitations of liability in this Section 8 shall apply even if any limited remedy fails of its essential purpose.
9.1 Your Indemnification Obligations.
You agree to indemnify, defend, and hold harmless ENERTIVA, its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to:
(a) Your use of the Website
(b) Your violation of these Terms
(c) Your violation of any applicable law or regulation
(d) Your violation of any third-party rights, including intellectual property rights
(e) Any content or information you submit to the Website
(f) Your negligence or willful misconduct
9.2 Indemnification Procedure.
ENERTIVA reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you. You agree to cooperate fully with ENERTIVA in the defense of any such claim.
10.1 Privacy Policy.
Your use of the Website is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review the Privacy Policy to understand our practices regarding the collection, use, and disclosure of your personal information.
10.2 Data Collection.
By using the Website, you consent to ENERTIVA’s collection, use, and disclosure of your information as described in the Privacy Policy. ENERTIVA collects information you provide directly, information collected automatically through your use of the Website, and information from third-party sources.
10.3 Cookies and Tracking.
The Website uses cookies and similar tracking technologies to enhance your experience, analyze usage, and assist in our marketing efforts. By using the Website, you consent to the use of cookies as described in our Privacy Policy.
11.1 Governing Law.
These Terms and any dispute arising out of or related to the Website shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law principles.
11.2 Arbitration.
Any dispute, controversy, or claim arising out of or relating to these Terms or the Website shall be resolved by binding arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules. The arbitration shall be conducted in Orange County, California, before a single arbitrator. The arbitrator’s decision shall be final and binding. Judgment on the award may be entered in any court of competent jurisdiction.
11.3 Waiver of Jury Trial
YOU AND ENERTIVA EACH WAIVE ANY RIGHT TO A JURY TRIAL IN ANY PROCEEDING ARISING OUT OF OR RELATED TO THESE TERMS OR THE WEBSITE.
11.4 Waiver of Class Actions.
You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. You waive any right to participate in a class action, class arbitration, or other representative proceeding.
11.5 Time Limitation.
Any claim or cause of action arising out of or related to the Website or these Terms must be filed within one (1) year after such claim or cause of action arose, or it shall be forever barred.
11.6 Injunctive Relief.
Notwithstanding the foregoing, ENERTIVA may seek injunctive or other equitable relief in any court of competent jurisdiction to protect its intellectual property rights or confidential information.
12.1 Termination by ENERTIVA.
ENERTIVA may terminate or suspend your access to the Website at any time, with or without cause, with or without notice, effective immediately. ENERTIVA may also modify, suspend, or discontinue the Website or any portion thereof at any time without notice.
12.2 Effect of Termination.
Upon termination, your right to access and use the Website will immediately cease. All provisions of these Terms that by their nature should survive termination shall survive, including Sections 5, 7, 8, 9, 11, and 13.
12.3 No Liability for Termination.
ENERTIVA shall not be liable to you or any third party for any termination of your access to the Website or for any modification, suspension, or discontinuation of the Website.
13.1 Entire Agreement.
These Terms, together with the Privacy Policy and any additional agreements you enter into with ENERTIVA, constitute the entire agreement between you and ENERTIVA regarding the Website and supersede all prior agreements and understandings.
13.2 Severability.
If any provision of these Terms is found to be invalid or unenforceable, that provision shall be modified to the minimum extent necessary to make it valid and enforceable, and the remaining provisions shall continue in full force and effect.
13.3 Waiver.
ENERTIVA’s failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver must be in writing and signed by ENERTIVA to be effective.
13.4 Assignment.
You may not assign or transfer these Terms or any rights or obligations hereunder without ENERTIVA’s prior written consent. ENERTIVA may assign these Terms to any affiliate, subsidiary, or successor without your consent. These Terms shall be binding upon and inure to the benefit of the parties and their respective successors and permitted assigns.
13.5 No Third-Party Beneficiaries.
These Terms do not create any third-party beneficiary rights. Nothing in these Terms shall be construed to confer any rights or remedies on any person or entity other than you and ENERTIVA.
13.6 Force Majeure.
ENERTIVA shall not be liable for any failure or delay in performance due to circumstances beyond its reasonable control, including acts of God, natural disasters, pandemic, war, terrorism, riots, government action, or internet or telecommunications failures.
13.7 Headings.
The section headings in these Terms are for convenience only and have no legal or contractual effect.
13.8 Electronic Communications.
By using the Website, you consent to receiving electronic communications from ENERTIVA. You agree that all agreements, notices, and other communications provided electronically satisfy any legal requirement that such communications be in writing.