Please print and keep a copy of this Agreement. If you do not agree to abide by the terms and conditions of this Agreement, please do not become a user of InsideADHD.org, offered by Inflexxion®, Inc (“Inflexxion”). Use of the website constitutes acceptance of this agreement.
The information contained in INSIDEADHD.ORG is provided for informational purposes only. It is updated periodically and was last updated on April 25, 2011. It may not reflect pharmaceutical company changes, deletions, additions, or new approvals of the medications available for treating ADHD since the last update. If you have any questions about these or any other medications or treatments, you should consult your physician.
1. Information Not a Substitute For Medical Advice
THIS SITE DOES NOT PROVIDE MEDICAL ADVICE.
InsideADHD.org is an informational website offered by Inflexxion™, Inc. The information provided on the InsideADHD.org web site is not medical advice provided by a physician and is not a substitute for such advice. Inflexxion® is not a health care provider. If you have any questions or concerns regarding your health or any health problems, you should seek the advice of a licensed physician.
2. Ownership of the Information, Materials and Software of the Website
2.1 You expressly acknowledge and agree that the website contains information, text, software, photos, video, graphics, music, sounds and other material (called "Materials") that are protected by copyrights, trademarks, trade secrets, patents or other proprietary rights (called "Intellectual Property Rights"), that these Intellectual Property Rights are valid and protected in all forms, media and technologies existing now or developed later, and that all right, title and interest in and to these Materials, including but not limited to all Intellectual Property Rights, belong solely and exclusively to the owners and creators of Inflexxion, Inc.
2.2 The InsideADHD.org web site does not accept any paid advertisements. All the information provided in the web site is original material created by Inflexxion®. Inflexxion® occasionally receives grants from state and federal governments to assist with the funding and creation of programs.
3. Use of the Information and Materials of the Website
The license granted herein is nonexclusive, personal to you and nontransferable.
3.1. Except as you may be expressly permitted by this Agreement, you may not use, modify, adapt, reformat, download, upload, post, reproduce, broadcast, publish, display, perform, transfer or redistribute any Materials in any form, format or media or by means of any technology without obtaining the prior written authorization of the owners and creators of InsideADHD.org and any other owner of the Intellectual Property Rights in such Materials.
3.2. You may, on an occasional and irregular basis, include insubstantial portions of Materials from the website in memoranda, reports and presentations, and then only to the extent that such use constitutes "fair use" under applicable copyright and intellectual property law, provided that in each instance you include in all such memoranda, reports and presentations all copyright, trademark and other notices from the website and the information used, original source attribution, and the phrase "Used with permission from the owners and creators of InsideADHD.org except for such other Materials which have been incorporated into InsideADHD.org by reference and as such require permission from the owners of such Materials.
3.3. If you reproduce Materials from the website, as permitted by this Agreement, you must preserve any copyright, trademark or other notices contained in or associated with them. This means, among other things, that if the specific Material you are reproducing does not contain the relevant notices that appear on the website, you must go to the place on the website where such notices appear and copy them into the Materials you are reproducing.
3.4. All copyrights and copyrightable materials which are a part of InsideADHD.org including, without limitation, the Inflexxion logos, designs, text, graphics, pictures, photos, files, software, applications, code, hidden text, databases and other files and the selection and arrangement thereof are COPYRIGHT © 2003 Inflexxion®, Inc. ALL RIGHTS RESERVED.
3.5. Except as stated herein, none of the Materials may be copied, reproduced, distributed, republished, transferred, sold, used to create derivative works, performed, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written consent of Inflexxion or the respective copyright owner. Software may not be reverse engineered unless specifically authorized by the owner of the software's patent and/or copyright.
3.6. Inflexxion®, Inflexxion.com, the Inflexxion® logo, InsideADHD.org, graphics, and icons in the software are trademarks, service marks, trade dress, and/or registered trademarks of Inflexxion®, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Inflexxion®.
3.7. Permission is granted to display and download Contents of Inflexxion® for personal, non-commercial and informational use only; provided that you may not, without the permission of Inflexxion® or the respective copyright owner, alter the Contents to display the Contents without the Inflexxion® Copyright notice and these Intellectual Property Guidelines. Any unauthorized use of intellectual property will terminate the user's subscription and violate applicable law. All violations will be prosecuted and all infringing parties will be pursued to the full extent of the law. If you wish to request permission to reproduce Materials from the website for other than the specifically authorized educational purpose, or if you have any questions about the proper way to include such notices, contact the owners and creators of InsideADHD.org.
4. This Agreement and Changes to It
4.2. This Agreement is the entire agreement between the owners and creators of InsideADHD.org and you with respect to the website. Headings in this Agreement are for your convenience only and do not have any legal meaning or effect. If any part of this Agreement is invalid, the rest of this Agreement will remain in effect. If the owners and creators of InsideADHD.org waive or fails to enforce any term or condition of this Agreement on any one or more occasions, whether by conduct or otherwise, its waiver or failure to enforce will not mean that it must waive or cannot enforce such term or condition on any other occasion, or any other term or condition of this Agreement. The meaning of this Agreement cannot be changed by your or Inflexxion®'s conduct, even if repeated, or by any custom or practice of others engaged in the same or similar businesses.
5. Changes to Website
The owners and creators of InsideADHD.org may change or discontinue any portion, feature or content of the website at any time with or without notice to you. Likewise, the owners and creators of InsideADHD.org may at any time, with or without notice to you, restrict the use and accessibility of the website as well as limit the duration and amount of use made of the website.
6. Subscription Rates, Other Charges, and Payment
The owners and creators of InsideADHD.org may change the Subscription Rates they charge for use of the website or add new Subscription Rates for parts of the website that were previously free at any time. Such changes shall be effective immediately with respect to new subscriptions and renewals.
7. Your Other Responsibilities Concerning Subscription to the Website
7.1. The User is responsible for complying with all terms and conditions of this Agreement, as modified from time to time, and with any other rules and regulations of which the owners and creators of InsideADHD.org gives you notice. You are also responsible and the owners and creators of InsideADHD.org have no obligation for obtaining and using all computer hardware and software required for your access to and use of the website and for any charges incurred for your own access to the website through any Internet access provider or other third party website.
7.2. You agree NOT to use the InsideADHD.org website for any of the following purposes or activities:
a. The creation, transmission of or posting of any message, data, information, text, software, graphics, files, materials or other Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, harassing, threatening harmful, invasive of privacy or publicity rights;
b. Interference with or disruption to the Sites services or network, including, but not limited to, attempting to gain unauthorized access to the Service, other accounts, computer systems or networks connected to the Service, through password mining or any other means;
c. To transmit or upload any material that contains viruses, trojan horses, worms, time bombs, cancelbots, or any other harmful, destructive or deleterious programs;
d. In connection with any surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages;
e. To impersonate another or create a false identity or otherwise misrepresent an affiliation with a person or entity;
f. To cause harm to minors;
g. To infringe another's patent, trademark, copyright, trade secret, or other intellectual property;
h. To violate another's privacy;
I. To violate any applicable laws, statutes or regulations;
j. To stalk;
k. To violate any regulations of the U.S. Securities and Exchange Commission or any securities exchange including the New York Stock Exchange, American Stocking Exchange, or the NASDAQ;
l. To use any robot, spider, or other automatic device, or manual process to monitor or copy InsideADHD.org web pages or any Content on the InsideADHD.org site without Inflexxion®'s prior express written permission;
m. To distribute any advertising or solicitation of funds or goods and services or to solicit users to join competitive online services;
n. To post a link, address or other contact to any site which is for any of the above purposes; or
o. To defame another individual or entity.
8. Termination of this Agreement
The owners and creators of InsideADHD.org may, in their sole and absolute discretion, and with or without notice, suspend your access to all or any part of the website, or terminate this Agreement and thus your rights to use the website, for any conduct or use (whether by you or anyone else having access under your User ID(s) and Password(s)) that the owners and creators of InsideADHD.org believe is a violation of this Agreement or for any other conduct or use that the owners and creators of InsideADHD.org believes is harmful to other Users, InsideADHD.org's content providers, or to the website or the interests of the owners and creators of InsideADHD.org.
9. Disclaimer of Warranties
9.1. THE WEBSITE AND ALL INFORMATION, MATERIALS AND SOFTWARE ACCESSIBLE THROUGH THE WEBSITE ARE PROVIDED ON AN "AS-IS," "AS-AVAILABLE" BASIS. THERE ARE NO WARRANTIES, EXPRESSED OR IMPLIED, BY OPERATION OF LAW OR OTHERWISE, REGARDING OR RELATING TO PRODUCTS OR WEBSITES FURNISHED TO SUBSCRIBERS UNDER THIS AGREEMENT OR IN CONNECTION WITH THE WEBSITE. INSIDEADHD.ORG AND INFLEXXION® EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESSED AND IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE AND NON-INFRINGEMENT AND THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
9.2. You expressly agree that your use of the website is at your sole risk. The owners and creators of InsideADHD.org do not warrant that the website will be uninterrupted or error free; nor does it make any warranty as to the results that may be obtained from your use of the website, or as to the accuracy, reliability, completeness, or content of any information, website, software or merchandise that may be provided through the website. No statement, information or advice, including, but not limited to, statements regarding capacity, suitability for use or performance, whether made by the owners and creators of InsideADHD.org, employees, reseller or other representative or otherwise, which is not contained in this agreement shall be deemed to be a warranty by the owners and creators of InsideADHD.org for any purpose or give rise to any liability of InsideADHD.org whatsoever, and you agree that you will not rely on any such statement, information or advice.
9.3. Where the owners and creators of InsideADHD.org are a distributor, rather than a publisher, of Materials accessible through the website, the owners and creators of InsideADHD.org exercise no more editorial control over such Materials than does a typical public library, bookstore or newsstand. The views and opinions expressed in such information do not necessarily reflect those of the owners and creators of InsideADHD.org or its content providers or licensors. Neither the owners nor creators of InsideADHD.org nor its content providers or licensors make any warranties or representations regarding the accuracy, adequacy, truthfulness, completeness, or usefulness of such information.
10. Limitation of Liability
10.1. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL INSIDEADHD.ORG OR INFLEXXION®, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES THAT ARISE FROM LOSS OF ANTICIPATED REVENUE, LOSS OF INFORMATION OR MATERIAL OF ANY KIND, LOST PROFITS, LOSS OF BUSINESS AND INJURY TO PROPERTY, EVEN IF INSIDEADHD.ORG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) THAT ARISE IN CONNECTION WITH OR RESULT FROM YOUR USE OF OR INABILITY TO USE THE WEBSITE INCLUDING, BUT NOT LIMITED TO, YOUR RELIANCE ON ANY MATERIALS, CONTENT, INFORMATION, WEBSITES, SOFTWARE OR PRODUCTS OBTAINED ON THE WEBSITE, OR MISTAKES, OMISSIONS, INTERRUPTIONS, COMMUNICATIONS FAILURE, DELETION OF FILES OR E-MAIL, ERRORS, DEFECTS, VIRUSES, TROJAN HORSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, OR THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO YOUR RECORDS, PROGRAMS OR WEBSITES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, AND IN SUCH STATES INSIDEADHD.ORG'S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
10.2. If, notwithstanding the foregoing, the owners and creators of InsideADHD.org were to be held liable for damages, then regardless of the form of action (whether in contract, tort, breach of warranty or otherwise), in no event shall the maximum liability of the owners and creators of InsideADHD.org and the parties described in the next sentence (InsideADHD.org's "Related Parties") exceed, either jointly or severally, the aggregate dollar amount paid by you to the owners and creators of InsideADHD.org in the twelve (12) months prior to the claimed injury or damage. All of the provisions of this section are also for the benefit of the owners and creators of Inflexxion®'s directors, officers, shareholders, employees, affiliates, agents, third-party content providers, licensors and the like, and anyone else involved in creating, producing or distributing the website, and each shall have the right to assert and enforce the provisions directly on their own behalf.
10.3 The resources on other sites that can be accessed with hypertext links from InsideADHD.org are not maintained by Inflexxion, and Inflexxion is not responsible for the availability or accuracy or such sites or resources, or the content, advertising, or products on or available from such sites or resources. The inclusion of any link on the Site does not imply that Inflexxion endorses the linked site. Such sites may be governed by legal notices and privacy policies, which differ from those of this Site.
11. Indemnification by You
You agree to defend, indemnify and hold harmless the owners and creators of InsideADHD.org and its Related Parties from any claims and expenses, including reasonable attorney's fees, related to any violation of this Agreement by your use of the website, or in connection with the placement or transmission by you of any material on the website except as expressly authorized in this Agreement.
The owners and creators of InsideADHD.org may give notice to you by electronic mail, by a posting on the website, or by conventional mail. Notice by the owners and creators of InsideADHD.org shall be effective on the date that the owners and creators of InsideADHD.org make a good faith effort to reach you. You shall give notice to the owners and creators of InsideADHD.org as stated below. Notice by you shall be effective on the date that the owners and creators of InsideADHD.org actually receive the notice.
320 Needham Street, Suite 100
Newton, Massachusetts 02464-1594
13. Privacy Information
13.1 Your privacy is important to the owners and creators of InsideADHD.org. All confidential personal data relating to individual users of this web site, including their identity, is respected by this web site. The web site owners undertake to honor or exceed the legal requirements of medical and/or health information privacy that apply in the country and state where the web site and mirror sites are located.
13.2 By using the website, you are agreeing that the owners and creators of InsideADHD.org may collect, use, sell, license and otherwise distribute demographic data about users in aggregated form (so that no user is personally identifiable) to assist in market evaluation and for other purposes as reasonably determined by the owners and creators of InsideADHD.org.
14. Contact Information
For further information or support regarding this web site, you are encouraged to contact the owners at email@example.com or by mail at:
320 Needham Street, Suite 100
Newton, Massachusetts 02464-1594
15.1. This Agreement is personal to you, and you may not assign, transfer or delegate your rights or obligations to anyone. This Agreement, your and the owners and creators of InsideADHD.org's rights and obligations, and any disputes or disagreements regarding the website will be governed by the laws of the U.S. and the Commonwealth of Massachusetts. Any and all actions, disputes or controversies relating to the Agreement or the website will be decided by the courts of the Commonwealth of Massachusetts and the U.S. located in Boston, Massachusetts, and you consent to the jurisdiction and venue of those courts.
15.2. In the event that any provision of this Agreement is held to be invalid or unenforceable, pursuant to judicial decree or decision, the remainder of this Agreement shall remain valid and enforceable according to its terms.
15.3. You acknowledge that the owners and creators of InsideADHD.org will be irreparably harmed by any breach of this Agreement by you or by your unauthorized use of the Materials or the website and, further, that monetary damages may not be a sufficient remedy for such harm. You agree that the owners and creators of InsideADHD.org shall be entitled, without waiving any other rights or remedies and without further demonstration of irreparable harm or the inadequacy of monetary damages, to obtain injunctive or other equitable relief in the event of any breach of this Agreement by you or by your unauthorized use of the Materials or the website.