Terms of Use
Last Updated January 1, 2021
1. Acceptance of the Terms of Use.
1.1 These Terms of Use, together with any documents they expressly incorporated by reference, govern your access to, and use of, Actuator Editorial Services, LLC and/or ACTUATORES.COM on all platforms, including web browser, email, mobile device, non-browser application, (collectively referred to as “ACTUATOR” or the “Site”). By using the Site and its services You, the User, expressly accept and agree to be bound and abide by these Terms of Use, and ACTUATOR’s Privacy Policy and Disclaimer. If You, the User, do not agree to be bound by these Terms of Use, You may not access or use ACTUATOR or its services. The terms “You,” “Your,” and “User” refer to you as the user of the Site. “ACTUATOR.ORG,” "ACTUATOR," “Our,” “We,” and “Us” refers to ACTUATOR EDITORIAL SERVICES LLC and our successors, partners, affiliates, subsidiaries, and assigns.
1.2 The information presented on this Site (“Content”) is for informational purposes only and does not create a business relationship between ACTUATOR and You. A business relationship may be established when you submit a manuscript or request for services through the Site and the same is accepted by ACTUATOR. The terms of the service are governed by the terms and conditions stated therein.
2. Changes to the Terms of Use.
ACTUATOR reserves the right to modify these Terms of Use unilaterally at any time and will publish notifications of material modifications at our sole discretion. All changes are effective immediately when posted and apply to all access to and use of ACTUATOR thereafter. Continued access to ACTUATOR after posting of changes constitutes Your agreement to be bound by them. As the changes to the Terms of Use are binding, Users are expected to, and responsible for, checking this page routinely in order to be aware of any changes.
3. Access.
3.1 ACTUATOR reserves the right to withdraw, amend, or modify the Site at our sole discretion without notice, and any material or service we make available on the Site. ACTUATOR is not liable if, for any reason, all or any part of the Site is unavailable at any time or for any period. Periodically we may restrict access to some parts of the Site, or the entire Site, to Users.
3.2 You may be asked to provide voluntarily certain personal information, contact information, details, or other information in order to access the Site or some of the services it offers. It is a condition of your use of the Site and its services that all the information you provide is honest, true, correct, accurate, current, and complete. You agree that all information you provide to ACTUATOR is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with ACTUATOR’s Privacy Policy.
3.3 You are responsible for making all arrangements necessary for you to have access to the Site and ensuring that all persons who access the Site through your Internet connection and Internet Protocol address(s) comply with these Terms of Use.
4. Intellectual Property.
4.1 You may not use “ACTUATOR” and all related names, logos, and designs without our prior written permission. ACTUATOR and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio; and the design, selection and arrangement thereof), are owned by ACTUATOR, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
4.2 You may not use any illustrations, photographs, video, audio, or graphics separately from the accompanying text on ACTUATOR. You may not delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from ACTUATOR. You may not modify copies of any materials from ACTUATOR. Any use of ACTUATOR that is not expressly permitted by these Terms of Use constitutes a breach of these Terms of Use and may violate copyright, trademark, and other laws or regulations.
4.3 These Terms of Use grant you a personal, non-exclusive, non-transferable, revocable license to access and use the Site. You may access the material on the Site only for your own personal, non-commercial use. You must not reproduce, distribute, modify, create derivative works, publicly display, publicly perform, republish, download, store, or transmit any of the material on ACTUATOR, except as incidental to normal web browsing (such as the making of temporary copies in RAM or the cache of your Internet browser), and for features of the Site that enable sharing via e-mail, social media, linking, and other platforms expressly enabled by the Site.
5. Use of Social Media Features and User Contributions.
5.1 The Site may contain features that allow users to comment, post, submit, publish, display, or transmit to other users or other persons content or materials (collectively, “User Contributions”) on or through the Site. All User Contributions must comply with the User Contribution Content Standards set out in these Terms of Use. ACTUATOR is not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other User of the Site.
5.1.1 You represent and warrant that you own or control all rights in and to Your User Contributions, including the right license such User Contributions, and that all of your User Contributions do and will comply with these Terms of Use.
5.1.2 You understand and acknowledge that you, not ACTUATOR, are solely responsible for any User Contributions you submit or contribute, and You have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
5.2 Users are encouraged to link to the ACTUATOR site provided it is done in compliance with applicable law or regulations and it does not damage, harm, or question ACTUATOR’s reputation. Links must not establish or suggest any approval, endorsement, or association by or to ACTUATOR. This Site may use social media features that enable you to link to ACTUATOR, send email or communications with ACTUATOR content or links to ACTUATOR content, or display ACTUATOR content on Your own or third-party websites, provided that when doing so Your use does not disassociate the ACTUATOR content from the Site and otherwise complies with applicable terms and conditions.
5.3 Any User Contribution you post to the Site will be considered non-confidential and non-proprietary. When posting any User Contribution on the Site, You grant ACTUATOR, its affiliates, and/or service providers; and each of their and our respective licensees, successors, and assigns, a perpetual, royalty-free, and irrevocable right and license to use, reproduce, modify, adapt, publish, translate, distribute, transmit, publicly display, publicly perform, sublicense, create derivative works from, transfer, and sell any such User Contribution.
5.4 Age Requirement. ACTUATOR is not intended for minor children under 18 years of age. If You are under 18: do not use or provide any information on the Site or on or through any of its features; do not register on the Site, do not use any of the interactive or public comment features on the Site, and do not provide any information about yourself to us. If You believe we have collected information from a minor child under 18, please contact us at info@actuatores.com. You may visit the Federal Trade Commission website for more information about the Children’s Online Privacy Protection Act (COPPA).
5.5 User Contribution Removal.
5.5.1 If You request removal of a User Contribution, we require that You authenticate your identity and identify the particular User Contribution to be removed by providing: (1) the URL to the User Contribution, (2) the date and time at which the User Contribution was posted, and (3) the contents of the User Contribution. If you do not properly and promptly notify us and provide the aforementioned information, ACTUATOR is not required to remove your User Contribution and removal will be at our sole discretion.
5.5.2 Removal of User Contributions from the Site does not ensure complete or comprehensive removal of your User Contributions from the Site or the Internet. ACTUATOR, at our sole discretion, may retain your User Contributions on our servers in some form. ACTUATOR may, at our sole discretion, decide to make your User Contribution anonymous so that you cannot be individually identified, rather than remove the User Contribution. In the event your User Contribution is anonymized, it will remain visible to other users of the Site.
5.5.3 ACTUATOR is not responsible for the removal of User Contributions that are cached, copied, or reposted by third parties. To the extent that any provision of federal or state law requires us to maintain certain User Contributions, we will not remove the User Contribution from the Site.
6. User Contribution Content Standards.
6.1 These Content Standards apply to any and all User contributions or posts. You are responsible for your own User contributions or posts, and you agree that to the best of your knowledge your User Contributions will be truthful, accurate, and will not constitute a Prohibited Act as defined in these Terms of Use.
6.2 Prohibited Acts.
6.2.1 Engaging in a prohibited use of the Site may result in civil, criminal, and/or administrative penalties, fines, or sanctions against the user and those who aid, abet, or otherwise assist the user. As a condition of Your use of the site, You acknowledge and agree that, if a third party claims that any User Contribution You have contributed to the Site is unlawful, You will bear the full burden of establishing that the User Contribution complies with all applicable laws and ACTUATOR policies.
6.2.2 You may use ACTUATOR only for lawful purposes and in accordance with these Terms of Use. You agree not to use the ACTUATOR in any way that violates any applicable federal, state, local, or international law or regulation. You agree not to use ACTUATOR to exploit, harm, or attempt to exploit or harm minors or the elderly in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise abusing another’s trust or naiveness. You agree not to use ACTUATOR to send, knowingly receive, upload, download, use, or re-use any material that does not comply with the standards set out in these Terms of Use. You agree not to use ACTUATOR to transmit, or procure the transmission of, any advertising, promotional, or otherwise unsolicited material, including but not limited to any “junk mail,” “chain letter,” “spam,” or any other similar solicitation. You agree not to use ACTUATOR to impersonate or attempt to impersonate ACTUATOR, its employees, another ACTUATOR User, or any other person or entity (including by using their e-mail addresses or screen names). You agree not to use ACTUATOR to engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Site; or that, at ACTUATOR’s sole discretion, is determined to harm or expose to any liability ACTUATOR or its personnel, or other Users. You agree not to use ACTUATOR to monitor, scrape, index, or otherwise copy any of the material on the Site by means of any bot, robot, spider, or other automatic device, process, or means, regardless of whether the use may be considered a “fair use” under United States copyright law. You agree not to use ACTUATOR in a manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Site. You agree not to use any device, software, or other process that interferes with the proper working of the Site. You agree not to introduce any malicious code or viruses, Trojan horses, worms, logic bombs, or other material that is technologically harmful or malicious. You agree not to attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site resides or is stored, or any server, computer, or database connected to the Site. You agree not to conduct a denial-of-service (“DOS”) attack or distributed denial-of-service (“DDOS”) attack against the Site or use the Site as a proxy for DOS or DDSO attacks on other sites.
6.2.3 User Contributions are prohibited if they involve, suggest, or express: 1) harassment, defamation, threats, stalking, bullying, or violations of the legal rights of others; 2) obscene, vulgar, bigoted, politically motivated, heightist, sexist, hateful, or religiously or racially offensive language or images; 3) the impersonation of any person or entity, or any false statement or misrepresention of Your affiliation with a person or entity; 4) illegal acts, including violations of applicable local, state, national, or international law; 5) gambling, contests, chain letters, pyramid schemes, or other marketing schemes; 6) infringement of intellectual property, including trade secrets, trademarks, and copyrights; and 7) commercial advertising.
6.3 Reporting. If you believe that any content on the Site violates the Terms of Use, please notify the Site by sending an email to info@actuatores.com. ACTUATOR takes all reports seriously, but cannot commit to or guarantee that any action will be taken as a result of your e-mail; or if action is taken, that the reporting individual will be notified subsequently.
6.4 Reliance on Information Posted.
6.4.1 The content of the Site is offered for general information and discussion purposes only. Some of the content is unmoderated and reflects the personal opinions or views of individual Users. Neither the content of ACTUATOR, nor the links to other websites contained therein, are routinely moderated, screened, approved, reviewed, or endorsed by ACTUATOR or any affiliated person or entity.
6.4.2 ACTUATOR endeavors to present up-to-date information to consumers relating to prescription medicines, blood products, biologics, and medical devices. While this information may help patients decide which questions to ask their doctor, it should not be substituted for the professional medical advice of a licensed doctor or healthcare professional. Any person seeking specific recall or adverse event information for any drug, blood product, biologic or medical device should refer to the FDA or the website of the drug or medical device manufacturer.
6.4.3 We do not warrant the accuracy, completeness, or usefulness of the information on the Site. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on any such materials by You or any other visitor to or User of the Site, or by anyone who may be informed of any of its contents through any communication means.
6.4.4 This Site may include content provided by third parties, including materials provided by other Users, news outlets, bloggers, and third-party licensors, syndicators, aggregators, advertisements, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the original content provided by ACTUATOR, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of ACTUATOR, its owners, or employees. ACTUATOR is not responsible or liable to You or any third party for the content or accuracy of any materials posted on the site, or any materials posted or provided by third parties.
7. Violations of Terms of Use. Disclosure and Enforcement Related to User Contributions.
7.1 We retain the right to terminate or suspend Your access to all or part of the Site for any or for no reason, including without limitation, any violation of these Terms of Use, at our sole discretion. We have the right to Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of Users of the Site or the public, or could create liability for the ACTUATOR. We retain the right to remove or refuse to post any User Contributions for any or no reason, including without limitation, any violation of these Terms of Use, in our sole discretion. We have and retain the right to disclose Your identity or other information about You to any third party who claims that material posted by You violates their rights, including but not limited to, their intellectual property rights or their right to privacy.
7.2 Disclosure. ACTUATOR has the right to take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Site. We have the right to fully cooperate with law enforcement authorities or court orders or subpoenas requesting or directing Us to disclose the identity or other information of anyone posting any materials on or through the Site. Your agree to waive and hold harmless ACTUATOR, its staff, owners, assigns, and successors; and its affiliates, licensees, and service providers from any and all claims resulting from any action taken by any one of the foregoing parties during, or as a result of, its investigations; and from any action taken as a consequence of investigations by such parties or law enforcement authorities.
7.3 Monitoring. ACTUATOR cannot and does not undertake to review all User Contributions or other third party material before third parties post it on the Site, and We cannot ensure the prompt removal of objectionable material after it has been posted. Accordingly, ACTUATOR assumes no liability or responsibility for any action or inaction regarding transmissions, communications, or content provided by any User or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in these Terms of Use.
8. Disclaimer and Limitation of Liability.
8.1 In no event will ACTUATOR, its affiliates, or its/their licensors, service providers, employees, agents, officers, or directors be liable for any loss or damages, under any legal theory, arising out of or in connection with Your use, or inability to use, the Site, any websites linked to the Site, any content on the Site or such other websites or any services obtained through the Site or such other websites, including any direct, indirect, special, incidental, consequential, or punitive damages including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract, or otherwise, even if foreseeable.
8.1.2 When using ACTUATOR You consent that You, Your successors and assignees will not hold ACTUATOR, its owner(s), investor(s), or employee(s) liable for any loss or damages including, but not limited to: claims for defamation, errors, loss of data, loss of money, or interruption in availability of data arising out of the use or inability to use ACTUATOR or any links found therein; to Your placement of content on ACTUATOR; or to Your reliance upon information obtained from or through ACTUATOR or to links found on the site.
8.2 ACTUATOR does not warrant that the Site will operate in an uninterrupted or error-free manner, without interruption, or that the Site is free of malware, viruses, malicious code, or other harmful components. Use of the Site or information obtained from or through the Site is at your own risk.
8.3 The Site and any information, products, or services therein are provided on an “as-is” and “as available” basis, without any warranties of any kind, either express or implied. ACTUATOR hereby disclaims all warranties of any kind, whether express or implied, statutory or otherwise, including without limitation the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
9. Choice of Law. You agree that any dispute arising out of or relating to the Site, these Terms of Use, or any content posted to the Site, including copies and republication thereof, whether based in contract, tort, statutory, or other law, will be governed by the laws of the Commonwealth of Massachusetts and the United States of America. You further consent to the personal jurisdiction of and exclusive venue in the federal and state courts located in and serving the Commonwealth of Massachusetts as the legal forum for any such dispute.
10. Copyright Policy.
10.1 Pursuant to Title 17 U.S.C. § 512, as amended, ACTUATOR has instituted procedures to receive written notification of claimed infringements and to process such claims in accordance with the applicable legal authorities. If You believe your copyrights are being infringed, please fill out the Notice of Infringement form below and mail it to Us.
10.2 The Notice of Infringement contains requested information that substantively complies with the safe harbor provisions of the Digital Millennium Copyright Act, Title 17 U.S.C. § 512(c)(3)(A), providing that to be effective under this subsection, a notification of claimed infringement must be a written communication provided to the designated agent of a service provider that includes the following:
10.3 Our designated point of contact agent for receipt of copyright infringement notifications is info@actuatores.com, as listed below on the Notice of Infringement form. Please email a separate Notice of Infringement each time you would like to report an alleged act of infringement.
11. Entire Agreement. These Terms of Use constitute the entire agreement between You and ACTUATOR with respect to the subject matter herein and supersedes any and all prior or contemporaneous oral or written agreements.
12. Waiver and Severability. No waiver of or by ACTUATOR of any term or condition set forth in these Terms of Use shall be deemed to be a further or continuing waiver of such term or condition or a waiver of any other term or condition, and our failure to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
13. Indemnification.
13.1 You agree to indemnify, defend, and hold harmless ACTUATOR, its owners, employees, officers, and assigns from any claims, losses, or damages, including legal fees, resulting from your violation of these Terms of Use, Your use of the Site, or Your placement of any content onto the Site, and to fully cooperate in ACTUATOR’s defense against any such claims. Indemnification extends to all costs or damages, including but not limited to attorneys fees, fines, or judgments and all amounts paid or reasonably incurred by reason of any action taken or omitted.
13.2 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 such that the remaining provisions of these Terms of Use will continue in full force and effect.
1. Acceptance of the Terms of Use.
1.1 These Terms of Use, together with any documents they expressly incorporated by reference, govern your access to, and use of, Actuator Editorial Services, LLC and/or ACTUATORES.COM on all platforms, including web browser, email, mobile device, non-browser application, (collectively referred to as “ACTUATOR” or the “Site”). By using the Site and its services You, the User, expressly accept and agree to be bound and abide by these Terms of Use, and ACTUATOR’s Privacy Policy and Disclaimer. If You, the User, do not agree to be bound by these Terms of Use, You may not access or use ACTUATOR or its services. The terms “You,” “Your,” and “User” refer to you as the user of the Site. “ACTUATOR.ORG,” "ACTUATOR," “Our,” “We,” and “Us” refers to ACTUATOR EDITORIAL SERVICES LLC and our successors, partners, affiliates, subsidiaries, and assigns.
1.2 The information presented on this Site (“Content”) is for informational purposes only and does not create a business relationship between ACTUATOR and You. A business relationship may be established when you submit a manuscript or request for services through the Site and the same is accepted by ACTUATOR. The terms of the service are governed by the terms and conditions stated therein.
2. Changes to the Terms of Use.
ACTUATOR reserves the right to modify these Terms of Use unilaterally at any time and will publish notifications of material modifications at our sole discretion. All changes are effective immediately when posted and apply to all access to and use of ACTUATOR thereafter. Continued access to ACTUATOR after posting of changes constitutes Your agreement to be bound by them. As the changes to the Terms of Use are binding, Users are expected to, and responsible for, checking this page routinely in order to be aware of any changes.
3. Access.
3.1 ACTUATOR reserves the right to withdraw, amend, or modify the Site at our sole discretion without notice, and any material or service we make available on the Site. ACTUATOR is not liable if, for any reason, all or any part of the Site is unavailable at any time or for any period. Periodically we may restrict access to some parts of the Site, or the entire Site, to Users.
3.2 You may be asked to provide voluntarily certain personal information, contact information, details, or other information in order to access the Site or some of the services it offers. It is a condition of your use of the Site and its services that all the information you provide is honest, true, correct, accurate, current, and complete. You agree that all information you provide to ACTUATOR is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with ACTUATOR’s Privacy Policy.
3.3 You are responsible for making all arrangements necessary for you to have access to the Site and ensuring that all persons who access the Site through your Internet connection and Internet Protocol address(s) comply with these Terms of Use.
4. Intellectual Property.
4.1 You may not use “ACTUATOR” and all related names, logos, and designs without our prior written permission. ACTUATOR and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio; and the design, selection and arrangement thereof), are owned by ACTUATOR, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
4.2 You may not use any illustrations, photographs, video, audio, or graphics separately from the accompanying text on ACTUATOR. You may not delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from ACTUATOR. You may not modify copies of any materials from ACTUATOR. Any use of ACTUATOR that is not expressly permitted by these Terms of Use constitutes a breach of these Terms of Use and may violate copyright, trademark, and other laws or regulations.
4.3 These Terms of Use grant you a personal, non-exclusive, non-transferable, revocable license to access and use the Site. You may access the material on the Site only for your own personal, non-commercial use. You must not reproduce, distribute, modify, create derivative works, publicly display, publicly perform, republish, download, store, or transmit any of the material on ACTUATOR, except as incidental to normal web browsing (such as the making of temporary copies in RAM or the cache of your Internet browser), and for features of the Site that enable sharing via e-mail, social media, linking, and other platforms expressly enabled by the Site.
5. Use of Social Media Features and User Contributions.
5.1 The Site may contain features that allow users to comment, post, submit, publish, display, or transmit to other users or other persons content or materials (collectively, “User Contributions”) on or through the Site. All User Contributions must comply with the User Contribution Content Standards set out in these Terms of Use. ACTUATOR is not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other User of the Site.
5.1.1 You represent and warrant that you own or control all rights in and to Your User Contributions, including the right license such User Contributions, and that all of your User Contributions do and will comply with these Terms of Use.
5.1.2 You understand and acknowledge that you, not ACTUATOR, are solely responsible for any User Contributions you submit or contribute, and You have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
5.2 Users are encouraged to link to the ACTUATOR site provided it is done in compliance with applicable law or regulations and it does not damage, harm, or question ACTUATOR’s reputation. Links must not establish or suggest any approval, endorsement, or association by or to ACTUATOR. This Site may use social media features that enable you to link to ACTUATOR, send email or communications with ACTUATOR content or links to ACTUATOR content, or display ACTUATOR content on Your own or third-party websites, provided that when doing so Your use does not disassociate the ACTUATOR content from the Site and otherwise complies with applicable terms and conditions.
5.3 Any User Contribution you post to the Site will be considered non-confidential and non-proprietary. When posting any User Contribution on the Site, You grant ACTUATOR, its affiliates, and/or service providers; and each of their and our respective licensees, successors, and assigns, a perpetual, royalty-free, and irrevocable right and license to use, reproduce, modify, adapt, publish, translate, distribute, transmit, publicly display, publicly perform, sublicense, create derivative works from, transfer, and sell any such User Contribution.
5.4 Age Requirement. ACTUATOR is not intended for minor children under 18 years of age. If You are under 18: do not use or provide any information on the Site or on or through any of its features; do not register on the Site, do not use any of the interactive or public comment features on the Site, and do not provide any information about yourself to us. If You believe we have collected information from a minor child under 18, please contact us at info@actuatores.com. You may visit the Federal Trade Commission website for more information about the Children’s Online Privacy Protection Act (COPPA).
5.5 User Contribution Removal.
5.5.1 If You request removal of a User Contribution, we require that You authenticate your identity and identify the particular User Contribution to be removed by providing: (1) the URL to the User Contribution, (2) the date and time at which the User Contribution was posted, and (3) the contents of the User Contribution. If you do not properly and promptly notify us and provide the aforementioned information, ACTUATOR is not required to remove your User Contribution and removal will be at our sole discretion.
5.5.2 Removal of User Contributions from the Site does not ensure complete or comprehensive removal of your User Contributions from the Site or the Internet. ACTUATOR, at our sole discretion, may retain your User Contributions on our servers in some form. ACTUATOR may, at our sole discretion, decide to make your User Contribution anonymous so that you cannot be individually identified, rather than remove the User Contribution. In the event your User Contribution is anonymized, it will remain visible to other users of the Site.
5.5.3 ACTUATOR is not responsible for the removal of User Contributions that are cached, copied, or reposted by third parties. To the extent that any provision of federal or state law requires us to maintain certain User Contributions, we will not remove the User Contribution from the Site.
6. User Contribution Content Standards.
6.1 These Content Standards apply to any and all User contributions or posts. You are responsible for your own User contributions or posts, and you agree that to the best of your knowledge your User Contributions will be truthful, accurate, and will not constitute a Prohibited Act as defined in these Terms of Use.
6.2 Prohibited Acts.
6.2.1 Engaging in a prohibited use of the Site may result in civil, criminal, and/or administrative penalties, fines, or sanctions against the user and those who aid, abet, or otherwise assist the user. As a condition of Your use of the site, You acknowledge and agree that, if a third party claims that any User Contribution You have contributed to the Site is unlawful, You will bear the full burden of establishing that the User Contribution complies with all applicable laws and ACTUATOR policies.
6.2.2 You may use ACTUATOR only for lawful purposes and in accordance with these Terms of Use. You agree not to use the ACTUATOR in any way that violates any applicable federal, state, local, or international law or regulation. You agree not to use ACTUATOR to exploit, harm, or attempt to exploit or harm minors or the elderly in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise abusing another’s trust or naiveness. You agree not to use ACTUATOR to send, knowingly receive, upload, download, use, or re-use any material that does not comply with the standards set out in these Terms of Use. You agree not to use ACTUATOR to transmit, or procure the transmission of, any advertising, promotional, or otherwise unsolicited material, including but not limited to any “junk mail,” “chain letter,” “spam,” or any other similar solicitation. You agree not to use ACTUATOR to impersonate or attempt to impersonate ACTUATOR, its employees, another ACTUATOR User, or any other person or entity (including by using their e-mail addresses or screen names). You agree not to use ACTUATOR to engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Site; or that, at ACTUATOR’s sole discretion, is determined to harm or expose to any liability ACTUATOR or its personnel, or other Users. You agree not to use ACTUATOR to monitor, scrape, index, or otherwise copy any of the material on the Site by means of any bot, robot, spider, or other automatic device, process, or means, regardless of whether the use may be considered a “fair use” under United States copyright law. You agree not to use ACTUATOR in a manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Site. You agree not to use any device, software, or other process that interferes with the proper working of the Site. You agree not to introduce any malicious code or viruses, Trojan horses, worms, logic bombs, or other material that is technologically harmful or malicious. You agree not to attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site resides or is stored, or any server, computer, or database connected to the Site. You agree not to conduct a denial-of-service (“DOS”) attack or distributed denial-of-service (“DDOS”) attack against the Site or use the Site as a proxy for DOS or DDSO attacks on other sites.
6.2.3 User Contributions are prohibited if they involve, suggest, or express: 1) harassment, defamation, threats, stalking, bullying, or violations of the legal rights of others; 2) obscene, vulgar, bigoted, politically motivated, heightist, sexist, hateful, or religiously or racially offensive language or images; 3) the impersonation of any person or entity, or any false statement or misrepresention of Your affiliation with a person or entity; 4) illegal acts, including violations of applicable local, state, national, or international law; 5) gambling, contests, chain letters, pyramid schemes, or other marketing schemes; 6) infringement of intellectual property, including trade secrets, trademarks, and copyrights; and 7) commercial advertising.
6.3 Reporting. If you believe that any content on the Site violates the Terms of Use, please notify the Site by sending an email to info@actuatores.com. ACTUATOR takes all reports seriously, but cannot commit to or guarantee that any action will be taken as a result of your e-mail; or if action is taken, that the reporting individual will be notified subsequently.
6.4 Reliance on Information Posted.
6.4.1 The content of the Site is offered for general information and discussion purposes only. Some of the content is unmoderated and reflects the personal opinions or views of individual Users. Neither the content of ACTUATOR, nor the links to other websites contained therein, are routinely moderated, screened, approved, reviewed, or endorsed by ACTUATOR or any affiliated person or entity.
6.4.2 ACTUATOR endeavors to present up-to-date information to consumers relating to prescription medicines, blood products, biologics, and medical devices. While this information may help patients decide which questions to ask their doctor, it should not be substituted for the professional medical advice of a licensed doctor or healthcare professional. Any person seeking specific recall or adverse event information for any drug, blood product, biologic or medical device should refer to the FDA or the website of the drug or medical device manufacturer.
6.4.3 We do not warrant the accuracy, completeness, or usefulness of the information on the Site. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on any such materials by You or any other visitor to or User of the Site, or by anyone who may be informed of any of its contents through any communication means.
6.4.4 This Site may include content provided by third parties, including materials provided by other Users, news outlets, bloggers, and third-party licensors, syndicators, aggregators, advertisements, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the original content provided by ACTUATOR, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of ACTUATOR, its owners, or employees. ACTUATOR is not responsible or liable to You or any third party for the content or accuracy of any materials posted on the site, or any materials posted or provided by third parties.
7. Violations of Terms of Use. Disclosure and Enforcement Related to User Contributions.
7.1 We retain the right to terminate or suspend Your access to all or part of the Site for any or for no reason, including without limitation, any violation of these Terms of Use, at our sole discretion. We have the right to Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of Users of the Site or the public, or could create liability for the ACTUATOR. We retain the right to remove or refuse to post any User Contributions for any or no reason, including without limitation, any violation of these Terms of Use, in our sole discretion. We have and retain the right to disclose Your identity or other information about You to any third party who claims that material posted by You violates their rights, including but not limited to, their intellectual property rights or their right to privacy.
7.2 Disclosure. ACTUATOR has the right to take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Site. We have the right to fully cooperate with law enforcement authorities or court orders or subpoenas requesting or directing Us to disclose the identity or other information of anyone posting any materials on or through the Site. Your agree to waive and hold harmless ACTUATOR, its staff, owners, assigns, and successors; and its affiliates, licensees, and service providers from any and all claims resulting from any action taken by any one of the foregoing parties during, or as a result of, its investigations; and from any action taken as a consequence of investigations by such parties or law enforcement authorities.
7.3 Monitoring. ACTUATOR cannot and does not undertake to review all User Contributions or other third party material before third parties post it on the Site, and We cannot ensure the prompt removal of objectionable material after it has been posted. Accordingly, ACTUATOR assumes no liability or responsibility for any action or inaction regarding transmissions, communications, or content provided by any User or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in these Terms of Use.
8. Disclaimer and Limitation of Liability.
8.1 In no event will ACTUATOR, its affiliates, or its/their licensors, service providers, employees, agents, officers, or directors be liable for any loss or damages, under any legal theory, arising out of or in connection with Your use, or inability to use, the Site, any websites linked to the Site, any content on the Site or such other websites or any services obtained through the Site or such other websites, including any direct, indirect, special, incidental, consequential, or punitive damages including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract, or otherwise, even if foreseeable.
8.1.2 When using ACTUATOR You consent that You, Your successors and assignees will not hold ACTUATOR, its owner(s), investor(s), or employee(s) liable for any loss or damages including, but not limited to: claims for defamation, errors, loss of data, loss of money, or interruption in availability of data arising out of the use or inability to use ACTUATOR or any links found therein; to Your placement of content on ACTUATOR; or to Your reliance upon information obtained from or through ACTUATOR or to links found on the site.
8.2 ACTUATOR does not warrant that the Site will operate in an uninterrupted or error-free manner, without interruption, or that the Site is free of malware, viruses, malicious code, or other harmful components. Use of the Site or information obtained from or through the Site is at your own risk.
8.3 The Site and any information, products, or services therein are provided on an “as-is” and “as available” basis, without any warranties of any kind, either express or implied. ACTUATOR hereby disclaims all warranties of any kind, whether express or implied, statutory or otherwise, including without limitation the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
9. Choice of Law. You agree that any dispute arising out of or relating to the Site, these Terms of Use, or any content posted to the Site, including copies and republication thereof, whether based in contract, tort, statutory, or other law, will be governed by the laws of the Commonwealth of Massachusetts and the United States of America. You further consent to the personal jurisdiction of and exclusive venue in the federal and state courts located in and serving the Commonwealth of Massachusetts as the legal forum for any such dispute.
10. Copyright Policy.
10.1 Pursuant to Title 17 U.S.C. § 512, as amended, ACTUATOR has instituted procedures to receive written notification of claimed infringements and to process such claims in accordance with the applicable legal authorities. If You believe your copyrights are being infringed, please fill out the Notice of Infringement form below and mail it to Us.
10.2 The Notice of Infringement contains requested information that substantively complies with the safe harbor provisions of the Digital Millennium Copyright Act, Title 17 U.S.C. § 512(c)(3)(A), providing that to be effective under this subsection, a notification of claimed infringement must be a written communication provided to the designated agent of a service provider that includes the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
- Information reasonably sufficient to permit the service provider to contact the complaining party such as an address, telephone number, and if available, an email address at which the complaining party may be contacted.
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works at that Site.
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Notification from a copyright owner or from a person authorized to act on behalf of the copyright owner that fails to comply substantially with the provisions above shall not be considered as providing actual knowledge or an awareness of facts or circumstances from which infringing activity is apparent.
10.3 Our designated point of contact agent for receipt of copyright infringement notifications is info@actuatores.com, as listed below on the Notice of Infringement form. Please email a separate Notice of Infringement each time you would like to report an alleged act of infringement.
11. Entire Agreement. These Terms of Use constitute the entire agreement between You and ACTUATOR with respect to the subject matter herein and supersedes any and all prior or contemporaneous oral or written agreements.
12. Waiver and Severability. No waiver of or by ACTUATOR of any term or condition set forth in these Terms of Use shall be deemed to be a further or continuing waiver of such term or condition or a waiver of any other term or condition, and our failure to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
13. Indemnification.
13.1 You agree to indemnify, defend, and hold harmless ACTUATOR, its owners, employees, officers, and assigns from any claims, losses, or damages, including legal fees, resulting from your violation of these Terms of Use, Your use of the Site, or Your placement of any content onto the Site, and to fully cooperate in ACTUATOR’s defense against any such claims. Indemnification extends to all costs or damages, including but not limited to attorneys fees, fines, or judgments and all amounts paid or reasonably incurred by reason of any action taken or omitted.
13.2 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 such that the remaining provisions of these Terms of Use will continue in full force and effect.