Etain, LLC Terms of Service and Use

 

Effective Date: March 1, 2020

 

These Terms of Service and Use (the “Terms of Use”) were last updated on October 9, 2020

These Terms of Use govern websites owned by Etain, LLC and any of its affiliates (“Etain”), including but not limited to www.etainhealth.com (collectively, the “Sites”), and they should be carefully reviewed prior to using any Etain Site.

All Site use is voluntary and explicitly subject to and contingent upon your agreement to these Terms of Use, and by accessing, browsing or providing information to Etain via any Site, every user agrees and is bound to Etain’s Terms of Use, including its incorporated policies, such as our Privacy Policy.  

The Sites and the information and data contained therein was assembled by Etain solely for informational and educational purposes, and Etain makes no claims with respect to the use or consumption of any products contained on the Sites.  The information on the Sites is not intended, nor is it to be construed or relied upon in any way as medical or legal advice. Information on the Sites is not intended to assess, diagnose or treat any individual medical issue, and it should not be relied upon, for personal, legal, tax or financial decisions and you should consult an appropriate professional for specific advice tailored to your situation.

 

User Conduct; Privacy 

You shall comply with all applicable laws, statutes, ordinances and regulations regarding your use of the Sites. You agree not to use the Sites in violation of any law or for any illegal activities, including but not limited to misrepresenting your identity in any way, violating or attempting to violate the security of any Site, tampering with information databases and software, making or attempting unauthorized entry to other networks or computers, violating trade restrictions and export control laws, violating state or federal trademark or copyright or internet gambling laws, vandalizing any Site, destroying or damaging online files, unlawfully copying or posting Etain’s licensed intellectual property (for example, its photographs, logos, and designs), including in an unlawful or infringing manner, or transmitting any unlawful, infringing, harmful, inappropriate, or otherwise objectionable material of any kind, that can cause harm or delay to any Site, any user of the Site, or Etain. 

Use of the Sites, including any patterns or characteristics concerning your interaction with them, may be monitored, tracked and recorded. Anyone using the Sites expressly consents to such monitoring, tracking and recording.

Use of the Website is governed by our Privacy Policy. The Sites are not intended for use outside the United States of America. On certain areas of the Sites, you may be given the ability to provide us with personally identifiable information (“PII”). For more information regarding our PII information collection and use practices, please see our Privacy Policy.

 

Etain recognizes the importance of protecting the privacy of minors online and we comply with the requirements of the Children’s Online Privacy Protection Act (“COPPA”) that are applicable to us. We do not collect personal information from consumers under the age of eighteen, as provided in our Privacy Policy. For more information about COPPA, please visit the Federal Trade Commission website.

 

Trademarks, Logos and Service Marks

The trademarks, logos and other intellectual property displayed on the Sites (the “Marks”) are the licensed property of Etain. You are prohibited from using any Marks without the written permission of Etain and the property’s licensor.  All content displayed or available through the Sites is protected by copyright. You are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works, or using any content on any Site for any commercial, public, or unlawful purpose.

 

Passwords

Where a Site requires the establishment of personal identification passwords or verification, you will establish commercially reasonable security procedures and controls and take appropriate actions to limit access to your password or other identifying information to prevent any compromise of your accounts by unauthorized individuals.

 

External Links

Etain has no control over information at any site hyperlinked to or from any Site. Etain makes no representation concerning and are not responsible for the quality, content, nature, or reliability of any hyperlinked site and are providing the hyperlinks as a convenience. The inclusion of any hyperlink does not imply any endorsement, investigation, verification or monitoring by Etain of any information in any hyperlinked site. In no event shall Etain be responsible for your use of a hyperlinked site.

 

Availability

Not all products described on the Sites are necessarily available in all geographical areas, and the terms and conditions of the products and services offered may differ among geographical areas. 

 

Compliance with Jurisdictional Law

You are responsible for complying with the applicable laws regarding cannabis in your jurisdiction.  

All cannabis products sold by Etain are intended for personal use only in the jurisdiction in which they are sold in full compliance with law and regulation, and are not intended for resale or transport into other jurisdictions. 

 

New York State Specific Requirements

In New York State, medical marijuana products may only be used by the certified patient for whom they were purchased. 

Products containing medical marijuana must be properly stored in the original container in which they were dispensed, and unwanted, contaminated or unusable medical marijuana products must be disposed of as required by 10 NYCRR §1004.20.  As with any medication, marijuana products must be kept safely away from children. 

Please consult with your certifying health care practitioner as to the use of medical marijuana products as part of your treatment. Medical marijuana products might impair the ability to drive. Medical marijuana products are for medicinal use only. Women should not consume during pregnancy or while breastfeeding except on the advice of the certifying practitioner, and in the case of breastfeeding mothers, including the infant's pediatrician. KEEP MEDICAL MARIJUANA PRODUCTS AWAY FROM CHILDREN unless medical marijuana product is being given to the child under a practitioner's care.

Products containing marijuana have not been analyzed by the Food and Drug Administration and are for medicinal use only as provided by New York law and regulation

 

User Representations and Warranties

By using any Site, as provided herein, you represent and warrant to Etain that you are authorized to accept and agree to these Terms of Use.

 

NO WARRANTIES

THE SITES AND ALL INFORMATION AND MATERIALS CONTAINED IN OR AVAILABLE THROUGH THE SITES ARE PROVIDED ​“AS IS” OR ​“AS AVAILABLE.” ETAIN DOES NOT WARRANT THE ACCURACY, ADEQUACY OR COMPLETENESS OF THIS INFORMATION AND MATERIALS, AND WE EXPRESSLY DISCLAIM LIABILITY FOR OMISSIONS OR ERRORS IN SUCH INFORMATION AND MATERIALS. ETAIN MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES THAT THE SITES WILL BE SECURE, CONTINUOUSLY ACCESSIBLE AND WITHOUT INTERRUPTION, NOR THAT IT WILL BE ERROR FREE. THERE IS NO WARRANTY THAT ANY PRODUCTS, MATERIALS OR OTHER CONTENT AVAILABLE ON OR THROUGH THE SITES WILL FULFILL ANY OF YOUR PARTICULAR NEEDS OR PURPOSES. 

 

TO THE FULLEST EXTENT OF THE LAW, NO WARRANTY OF ANY KIND, IMPLIED, EXPRESSED OR STATUTORY, INCLUDING THE WARRANTIES OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS, TITLE, MERCHANTABILITY OR QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF INFORMATION CONTENT, INFORMATION ACCESS AND ORDER EXECUTION, FREEDOM FROM COMPUTER VIRUS, IS GIVEN BY ETAIN IN CONNECTION WITH THE SITES THE MOBILE APPLICATION OR AVAILABLE INFORMATION AND MATERIALS, EVEN IF ETAIN HAS BEEN ADVISED OR IS OTHERWISE AWARE OF THE POSSIBILITY OF SUCH DAMAGES.

 

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT OF THE LAW, IN NO EVENT SHALL ETAIN BE LIABLE FOR ANY DAMAGES, INCLUDING ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL, DIRECT OR INDIRECT DAMAGES, LOSSES OR EXPENSES, ARISING IN CONNECTION WITH THE SITES OR ANY LINKED WEBSITE, OR USE THEREOF OR INABILITY TO USE, BY ANY PERSON OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE, EVEN IF ETAIN IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES.

 

Indemnity

You agree to indemnify, defend and hold Etain, and its directors, officers, employees and vendors harmless from and against all claims, losses, liability, cost, and expenses (including attorneys’ fees) arising from your violation of these Terms of Use or misuse of any Site or any  product, information or materials provided by Etain. Your obligations under this provision will survive your termination of access to or use of the Sites.

No person or entity shall be entitled to any form of equitable or implied indemnification at any time, except as provided by these Terms of Use.

 

Amendments

Etain reserves the right to amend, supplement and/or update these Terms at any time and for any reason. Notice of such amendments may or may not be given.  In order that you continue to be fully apprised of the current Terms of Use, you agree to periodically and on a regular basis fully review these Terms of Use. 

 

Choice of Law

This Agreement is governed by the laws of the State of New York, United States of America, without regard to its principles of conflict of laws. 

 

Jurisdiction and Venue

You agree and hereby submit to the exclusive personal jurisdiction and venue of the State courts in Albany County, New York, and the United States District Court for the Northern District of New York, with respect to all matters relating to your use of the Sites and any information or materials available through the Sites. You hereby consent to such jurisdiction and venue. 

 

Severability

In the event any of the terms or provisions of these Terms of Use shall be held to be unenforceable, the remaining terms and provisions shall be unimpaired. These Terms of Use shall be subject to any other agreements you have entered into with Etain.

 

Questions and Comments

If you have any questions or comments about the Terms of Use or our operation of any Site, please contact us at privacy@etainhealth.com or at the following address:

Etain, LLC

P.O. Box 494 Katonah, NY 10536