Terms of Use

AGREEMENT BETWEEN USER AND BEEKLEY MEDICAL.

The Beekley Medical website is comprised of various web pages operated by Beekley Corporation. Beekley Corporation is hereinafter referred to as Beekley Medical.

The Beekley Medical website is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Beekley Medical website constitutes your agreement to all such terms, conditions, and notices.

PRIVACY POLICY

By purchasing any of the products, you are agreeing to the terms of Beekley Corporation's privacy statement and the collection, use and sharing of information, including without limitation, your personal information, described therein.

LINKS TO THIRD PARTY SITES

The Beekley Medical website may contain links to other Websites ("Linked Sites"). The Linked Sites are not under the control of Beekley Medical and Beekley Medical is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Beekley Medical is not responsible for webcasting or any other form of transmission received from any Linked Site. Beekley Medical is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Beekley Medical of the site or any association with its operators.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the Beekley Medical website, you warrant to Beekley Medical that you will not use the Beekley Medical website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Beekley Medical website in any manner which could damage, disable, overburden, or impair the Beekley Medical website or interfere with any other party's use and enjoyment of the Beekley Medical website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Beekley Medical websites.

INDEMNIFICATION

You agree to defend, indemnify and hold harmless Beekley Corporation and its suppliers, advertisers, licensors and affiliated companies and their respective directors, officers, employees, contractors and agents from and against any and all claims, actions, demands, damages, costs, liabilities, losses and expenses (including reasonable attorneys' fees and costs) made against Beekley Corporation by any third party due to or arising out of, relating to or in connection with (a) your purchase and use of the Products, (b) any content or materials that you submit or upload to or through the website, (c) your use of the Products, (d) your use of and access to the website and/or materials (e) any violation of any law or regulation by you, and (f) your breach of this agreement. This defense and indemnification obligation will survive any termination or expiration of this Agreement or your use of the website and/or materials.

USE OF COMMUNICATION SERVICES

The Beekley Medical website may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

  • Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.

  • Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.

  • Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.

  • Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.

  • Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.

  • Conduct or forward surveys, contests, pyramid schemes or chain letters.

  • Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.

  • Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.

  • Restrict or inhibit any other user from using and enjoying the Communication Services.

  • Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.

  • Harvest or otherwise collect information about others, including e-mail addresses, without their consent.

  • Violate any applicable laws or regulations.

Beekley Medical has no obligation to monitor the Communication Services. However, Beekley Medical reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Beekley Medical reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

Beekley Medical reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Beekley Medical's sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Beekley Medical does not control or endorse the content, messages or information found in any Communication Service and, therefore, Beekley Medical specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Beekley Medical spokespersons, and their views do not necessarily reflect those of Beekley Medical.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.

MATERIALS PROVIDED TO BEEKLEY MEDICAL OR POSTED AT ANY BEEKLEY MEDICAL WEBSITE

Beekley Medical does not claim ownership of the materials you provide to Beekley Medical (including feedback and suggestions) or post, upload, input or submit to any Beekley Medical website or its associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Beekley Medical, its affiliated companies and necessary sublicensees and non-exclusive licenses to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. Beekley Medical is under no obligation to post or use any Submission you may provide and may remove any Submission at any time.

By posting, uploading, inputting, providing, or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input, or submit the Submissions, and to grant the licenses described herein.

LIABILITY DISCLAIMER

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE BEEKLEY MEDICAL WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. BEEKLEY MEDICAL AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE BEEKLEY MEDICAL WEBSITE AT ANY TIME. ADVICE RECEIVED VIA THE BEEKLEY MEDICAL WEBSITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

BEEKLEY MEDICAL AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE BEEKLEY MEDICAL WEBSITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. BEEKLEY MEDICAL AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BEEKLEY MEDICAL AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE BEEKLEY MEDICAL WEBSITE, WITH THE DELAY OR INABILITY TO USE THE BEEKLEY MEDICAL WEBSITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE BEEKLEY MEDICAL WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE BEEKLEY MEDICAL WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF BEEKLEY MEDICAL OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE BEEKLEY MEDICAL WEBSITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE BEEKLEY MEDICAL WEBSITE.

SERVICE CONTACT: info@beekley.com

TERMINATION / ACCESS RESTRICTION

Beekley Medical reserves the right, in its sole discretion, to terminate your access to the Beekley Medical website and the related services or any portion thereof at any time.

GENERAL

To the maximum extent permitted by law, this agreement is governed by the laws of the State of Connecticut, U.S.A., without regard to its conflicts of laws provisions, and you hereby consent to the exclusive jurisdiction and venue of courts in Connecticut, U.S.A. in all disputes arising out of or relating to the use of the Beekley Medical website. Use of the Beekley Medical website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Beekley Medical as a result of this agreement or use of the Beekley Medical website. Beekley Medical's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Beekley Medical's right to comply with governmental, court and law enforcement requests, or requirements relating to your use of the Beekley Medical website or information provided to or gathered by Beekley Medical with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Beekley Medical with respect to the Beekley Medical website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Beekley Medical with respect to the Beekley Medical website with the exception of user consenting to the collection and use of its data with the option to withdraw that consent at any time. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.

COPYRIGHT

All contents of the Elequil.com website are: Copyright 2016 — Present by Beekley Corporation and /or its suppliers. All rights reserved.

TRADEMARKS

For a list of Beekley Corporation's trademarks, visit: Beekley Registered Trademarks

The names and products of third parties mentioned herein may be the trademarks of their respective owners.

Any rights not expressly granted herein are reserved.

PATENTS

The following website gives notice to the public that Beekley's patented articles are patented by associating each patented article with the number of the patent: https://www.beekley.com/patents

NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement under United States copyright law should be sent to Service Provider's Designated Agent:

Email: customercare@beekley.com
Mailing Address: Beekley Corporation, One Prestige Lane, Bristol, Connecticut 06010, USA

ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. See Notice and Procedure for Making Claims of Copyright Infringement.



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