Thank you for visiting Acurian. We appreciate your interest in Acurian’s Services (“Services”). The Services are provided by Acurian, Inc. located at 929 N Front St, Wilmington, NC 28401 United States (referred to herein as we or “Acurian”).
1. ACCEPTANCE OF THESE TERMS
This Agreement contains the Terms of Use governing your access and use of any Acurian websites and applications (collectively “Sites”). These Terms of Use govern the use of the Services by you or any organization on whose behalf you use the Services (collectively referred to herein as you or “User”).
Please read both these Terms of Use and our Privacy Policy carefully. By using any Acurian Sites or Services, you accept and agree to be bound and abide by these Terms of Use and consent to our Privacy Policy, incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use Acurian’s Sites.
By using Acurian’s Sites, you represent and warrant that you are of legal age to form a binding contract with Acurian. Legal age may vary depending on the country you are in. If you are not of legal age, you must not access or use Acurian Sites or Services.
Notice of Arbitration Agreement and Class Action Waiver
If you are a resident of the United States (including its possessions and territories), by accepting these Terms of Use, you are agreeing to the Arbitration Agreement and Class Action Waiver described in Section 15.
2. CHANGES
We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them. Your continued use of the Sites following the posting of revised Terms of Use means that you accept and agree to the changes. The date posted at the bottom of this page indicates the date of Acurian’s most recent review or modification of these Terms. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.
3. NOT MEDICAL ADVICE
No Services on any Acurian Site should be used as a substitute for discussions with or evaluations from qualified health care professionals. Although we seek to facilitate participation by qualified individuals in appropriate clinical research studies, the prospect of such participation should not cause you to forgo needed attention to medical issues. If you feel you have a medical condition, please discuss this with a qualified health care professional.
4. YOUR RIGHTS TO USE THE SERVICES AND LIMITATIONS OF THOSE RIGHTS
Subject to your compliance with these Terms of Use, Acurian grants you a limited, personal, non-exclusive, revocable, non-assignable and non-transferable right and license to use the Services, subject to the limitations described in the remainder of this section and elsewhere in these Terms of Use.
You understand and acknowledge that: (a) the Services include content that is protected by copyrights, trademarks, or other intellectual property and proprietary rights (“Rights”); (b) the Rights are valid and protected in all media and technologies existing now or later developed; and (c) except as otherwise set forth, these Terms of Use and the applicable copyright, trademark, and other laws govern your use of such content. You shall have the burden of proving that any information, software, image, or any other content included in the Services is not protected by Rights. You acknowledge that you will not acquire any Rights by downloading or otherwise being provided such materials.
The rights granted to you in the paragraph above and elsewhere in these Terms of Use are subject to the following limitations:
- You agree to use the Services only for lawful, personal, and informational purposes, and you agree that you will not use any resource made available by or on behalf of Acurian (together “Resources”) in any manner that is malicious or that violates any applicable local, state, national, or international law, or the intellectual property or proprietary rights of Acurian or any third party; You agree not to copy, reproduce, distribute, display portions of, or link to any Acurian Resources protected by the Rights for commercial purposes; without our prior express written consent;
- You agree not to post on or transmit into any Acurian Resources any information that you know to be untrue, that is unlawful, fraudulent, threatening, malicious, harassing, abusive, libelous, defamatory, obscene, or otherwise objectionable or harmful, or that contains or links to a virus, bug, worm, malware, Trojan horse, or other harmful or disruptive element;
- You agree not to use any automated tool, such as a web scraping tool, a bot or web robot, or web automation, to mine any Acurian Resource for information or to fill out forms on any Acurian Resource, that you will not circumvent any technical measures implemented to prevent or limit such access and that you will comply with the restrictions in any robot exclusion header;
- You agree not to use any messaging capability included in Acurian Resources for the delivery of unsolicited bulk email; and
- You will not circumvent or attempt to circumvent any security or access control technology implemented on any resource available as part of the Services (including any Acurian Site), or any servers, network or associated systems or physical premises operated by or on behalf of Acurian.
Acurian reserves the right to view, monitor, and record activity on Acurian Sites without notice or your permission. Any information obtained by monitoring, reviewing, or recording activity on Acurian Sites is subject to review by law enforcement organizations in connection with investigation or prosecution of possible criminal activity on Acurian Sites. Acurian will also comply with all court orders involving requests for such information.
5. OWNERSHIP AND COPYRIGHT PROTECTION
The Acurian Resources are protected by copyright under copyright laws, and are owned or controlled by, or licensed to, Acurian or the party listed as the provider of the applicable Acurian Resources. Acurian also owns a copyright in the Acurian Sites as a collective work and/or compilation and database rights arising from the selection, coordination, arrangement, and enhancement of the content on Acurian Sites. UNAUTHORIZED COPYING, REPRODUCTION, DISTRIBUTION, MODIFICATION, PUBLISHING, DISPLAY, ADAPTING, UPLOADING, CREATING DERIVATIVE WORKS, POSTING, OR TRANSMITTING OF ANY ACURIAN RESOURCE CONTENT IS PROHIBITED. Acurian reserves for itself or on behalf of its licensors all rights not expressly granted by these Terms of Use.
In your use of the Services in accordance with the limited rights granted under these Terms of Use, you agree to maintain and abide by all copyright, trademark, and other notices contained in Services, or if none, you agree to abide by the following copyright and trademark notice with respect to such downloaded materials:
© 2022 Acurian, Inc. Acurian, Acurian Health and any and all other names, logos, and icons identifying Acurian’s products, services, information, and other materials are proprietary marks of Acurian, Inc. Other company and product names used in the Services are properties of their respective owners. Acurian marks may not be used publicly unless otherwise prior approved by Acurian in writing subject to any limitations or conditions contained in such written approval. All rights reserved.
6. THIRD-PARTY CONTENT AND PRODUCTS; LINKS TO OTHER SITES
Some or all of the information and other materials or products available as part of the Services have been prepared or are being offered by third parties not affiliated with Acurian. Acurian makes no warranties with regard to such information or other materials or products, nor does Acurian assume any responsibility or liability for any decisions based upon such information or other materials or for any use of such products.
The Services may include links to sites and services not provided by Acurian. Your interaction with these sites and services will be subject to the terms (including privacy policies) established by such sites or services. We recommend that you review these third-party terms prior to your use of such sites and services.
Acurian is not responsible for and does not endorse or warrant in any way any materials, information, goods, or services available through or advertised on such sites or services, or their privacy or other practices.
7. PRIVACY AND SECURITY
We respect your right to privacy. We will use any personally identifiable information collected through the Services and Acurian Sites (“Personal Information”) in accordance with the Acurian Privacy Policy, located at https://acurianhealth.com/privacy-policy/. Please read the Acurian Privacy Policy before using any of the Services.
While we have implemented measures designed to protect against the unauthorized access, interception, loss, misuse and or alteration of the information under our control, we do not guarantee that events of unauthorized access, interception, loss, misuse and or alteration of the information under our control will not occur. In the event of any unauthorized access, interception or other misuse, we will not be responsible for such unauthorized access, interception or misuse, or any direct, indirect, special, incidental, consequential or other damages (including lost profits) suffered by you, even if we have previously been advised of the possibility of such damages. We do not warrant, either expressly or implied, that the information provided by any user will be free from unauthorized access, interception or misuse.
8. YOUR PASSWORD
Use of certain portions of the Services requires a password. You will be asked to choose a unique login username (“User Name”) and password (“Password”). Each User Name and corresponding Password may only be used by one User. You understand and acknowledge that anyone with knowledge of both your User Name and Password may gain access to any information, including personal information, you have stored in the password-protected portion of the Services.
You agree to keep your Password secret, to notify us if your Password is lost or compromised, and to be solely responsible for the confidentiality and use of your respective Password(s), as well as for any communications entered through Acurian Sites using such Passwords.
9. TERMINATION
Acurian reserves the right, in its sole discretion, to immediately modify, suspend or terminate Services and/or your access to some or all of them with or without cause and without notice.
10. DISCLAIMER OF WARRANTIES
YOU UNDERSTAND AND EXPRESSLY AGREE THAT:
YOUR USE OF ANY SERVICES IS AT YOUR OWN RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. ACURIAN DISCLAIMS ALL WARRANTIES REPRESENTATIONS AND CONDITIONS OTHER THAN THOSE EXPRESSLY SET OUT IN THESE TERMS OF USE AND WITHOUT LIMITATION DISCLAIMS ANY AND ALL WARRANTIES, REPRESENTATIONS OR CONDITIONS IMPLIED BY LAW, CONVENTION, COURSE OF DEALING OR OTHERWISE (INCLUDING ANY WARRANTY OF MERCHANTABILITY) TO THE FULLEST EXTENT PERMITTED BY LAW. ACURIAN MAKES NO WARRANTY THAT ACURIAN SITES WILL MEET YOUR REQUIREMENTS, OR THAT ACURIAN SITES WILL OPERATE UNINTERRUPTED OR IN A TIMELY, SECURE, OR ERROR-FREE MANNER, OR AS TO THE ACCURACY OR COMPLETENESS OF ANY INFORMATION ACCESSIBLE FROM OR PROVIDED IN CONNECTION WITH THE SERVICES. ACURIAN IS NOT ENGAGED IN RENDERING LEGAL, MEDICAL, COUNSELING OR OTHER PROFESSIONAL SERVICES OR ADVICE. ACURIAN ENCOURAGES YOU TO SEEK APPROPRIATE PROFESSIONAL ADVICE OR CARE FOR ANY SITUATION OR PROBLEM THAT YOU MAY HAVE.
11. LIMITATION OF LIABILITY
ACURIAN SHALL NOT BE LIABLE FOR ANY INDIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, WHETHER FORESEEABLE OR NOT. ACURIAN SHALL NOT BE LIABLE FOR ANY DIRECT DAMAGES RESULTING FROM (A) THE USE OR THE INABILITY TO USE, OR THE CONTENT INCLUDED IN, THE SERVICES; (B) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (C) ANY BREACH OF THESE TERMS OF USE, INCLUDING, BUT NOT LIMITED TO, THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, DAMAGES FOR LOSS OF PROFITS, USE, DATA, OR OTHER INTANGIBLES, EVEN IF ACURIAN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions the above limitations and exclusions may not apply to you. In such states or jurisdictions, Acurian’s liability is excluded or, to the extent exclusion of liability for the relevant liability is not permitted in such state or jurisdiction, limited to the maximum extent permitted by law, thereby minimizing Acurian’s liability to you to the lowest amount permitted by applicable law.
12. INDEMNIFICATION
You agree to indemnify and hold each of Acurian, its subsidiaries, affiliates, officers, directors and employees, and any third parties providing content included in the Services, harmless from any claim or demand (including, but not limited to, reasonable legal fees) made by any third party due to or arising out of your use of the Services.
13. ASSIGNMENT
Acurian expressly reserves the right to transfer its rights and obligations under these Terms of Use, in part or as a whole, to: (i) another legal entity as part of any sale or merger of all or part of Acurian, Inc. with a separate legal entity; or (ii) an affiliate of Acurian.
14. APPLICABLE LAW
These Terms of Use shall be governed by and construed in accordance with the laws of the state of North Carolina, excluding its conflict of laws provisions. Any action to enforce these Terms of Use will be brought in the federal or state courts in and for the state of North Carolina, and all parties to these Terms of Use expressly agree to be subject to the jurisdiction and venue of such courts.
15. ARBITRATION AGREEMENT AND CLASS ACTION WAIVER
A. Arbitration Agreement
Any dispute, controversy, or claim (collectively, “Claim”) relating in any way to your use of Acurian’s Services, Sites, or Resources, or relating in any way to Acurian’s communications with you, shall be finally resolved by binding arbitration.
This mandatory Arbitration Agreement applies to you and Acurian; however, it does not govern any Claim for personal injuries that you allege against a healthcare provider or product manufacturer, nor does it bar you from making use of applicable small claims court procedures in appropriate cases. This Arbitration Agreement also does not bar Acurian from seeking injunctive relief in any court to preliminarily enjoin your infringement or other misuse of intellectual property rights, or any of the Services or Resources that we allege in good faith violates these Terms of use.
Arbitration is more informal than a lawsuit in court. There is no judge or jury in arbitration. Instead, the dispute is resolved by a neutral arbitrator. Court review of an arbitration award is limited. Except to the extent the parties agree otherwise, arbitrators can award the same damages and relief that a court can award. You agree that the U.S. Federal
Arbitration Act governs the interpretation and enforcement of this provision, and that you and Acurian are each waiving the right to a trial by jury or to participate in a Class Action. This Arbitration Agreement shall survive any termination of these Terms of Use.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to Acurian, Inc., 929 N Front St, Wilmington, NC 28401. If you are an individual, the arbitration shall be administered by the American Arbitration Association (AAA) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. If you are not an individual or have used the Services on behalf of an entity, the AAA’s Supplementary Procedures for Consumer-Related Disputes will not be used. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879.
The number of arbitrators shall be one. The arbitration will be conducted in the English language in the city of Wilmington, North Carolina. North Carolina law shall apply. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. You may choose to have the arbitration conducted by telephone, video or based on written submissions.
The arbitrator, and not any federal, state, or local court, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, unconscionability, arbitrability, enforceability, or formation of this Arbitration Agreement, including any claim that all or any part of this Arbitration Agreement is void or voidable. However, the preceding sentence shall not apply to the clause below entitled “Class Action Waiver.”
B. Class Action Waiver
Any Claim must be brought in the respective party’s individual capacity, and not as a plaintiff or class member in any purported class, collective, representative, multiple plaintiff, or similar proceeding (“Class Action”). The parties expressly waive any ability to maintain any Class Action in any forum. The parties understand that any right to litigate in court, to have a judge or jury decide their case, or to be a party to a class or representative action, is waived, and that any claims must be decided individually, through arbitration.
Any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void, or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator. If this Class Action Waiver is found to be unenforceable, then the entirety of the Arbitration Agreement shall be null and void. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial.
16. WAIVER AND SEVERABILITY
No waiver of by Acurian of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Acurian to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent necessary such that the remaining provisions of the Terms of Use will continue in full force and effect.
17. MISCELLANEOUS
If any provision of these Terms of Use is found to be unlawful, void, or for any reason unenforceable, then that provision will be excluded from these Terms of Use and will not affect the validity and enforceability of any remaining provisions. These Terms of Use are the complete and exclusive statement of the agreement between you and Acurian concerning the Services. They replace and supersede any prior or contemporaneous oral or written agreement and any other communications between you and Acurian.
18. CONTACT INFORMATION
Any questions regarding Acurian Sites and any requests for additional information concerning Acurian and its products and services may be directed to Acurian at information@acurian.com. However, please note that communications made through that address will not be deemed to constitute legal notice to Acurian or any of its officers, employees, agents, or representatives in any situation where notice to Acurian is required by contract or any law or regulation.