Last Updated: October 29, 2026

These terms of use are entered into by and between you and Emerging Therapy Solutions® group of companies (collectively, “ETS,” “we,” or “us”). The following terms and conditions, together with any documents they expressly incorporate by reference and other agreements we have entered into with your organization or employer (collectively, the “Terms”), govern your access to and use of our websites, such as emergingtherapies.com, and our Portals (as defined below) at portal.emergingtherapies.com (collectively, the “Websites”), whether as a guest or registered user.

Please carefully review the Terms before you use the Websites. By entering into another agreement with ETS, using the Websites, or registering for an account on the Websites, or otherwise clicking to accept or agree to the Terms when this option is made available to you, you accept and agreed to be bound and abide by these Terms, and our Privacy Policy, located at https://emergingtherapies.com/privacy-policy/. If you do not agree to abide by all the provisions contained in these Terms, you must not register with, use, or access the Websites.

The Websites are offered and available to users who are at least 13 years of age or older. By using the Websites, you represent and warrant that you are at least 13 years of age or older (or if between the ages of 13 and 18, that you have parental permission to access the Websites), and otherwise meet all of the eligibility requirements contained herein. If you are accessing the Websites on behalf of an organizational customer, you represent and warrant that you are authorized to bind such customer to these Terms. If you do not meet all of these requirements, you must not access or use the Websites.

Changes to the Terms of Use

ETS may revise and update these Terms from time to time in our sole discretion. All changes will become effective immediately upon posting and apply to all access to and use of the Websites thereafter. Your continued use of the Websites following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page each time you visit our Websites so you are aware of any changes, as they are binding on you.

Accessing the Websites

Subject to your compliance with these Terms as further described below, we hereby grant you a non-exclusive, non-transferable, and revocable right to access and use the Websites, solely and strictly in accordance with these Terms and applicable laws. You understand and agree that the Website is provided under license to you, not being sold to you, and you do not gain any ownership interest of any kind in the Websites under these Terms.

We will not be liable if for any reason all or any part of the Websites are unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Websites, or the entirety of the Websites, to visitors and users. ETS does not make any representations or guarantees regarding uptime or availability of the Website.

You are responsible for: (i) making all arrangements necessary for you to have access to the Websites; and (ii) ensuring that all persons who access the Websites through your internet connection or user account are aware of these Terms and comply with them.

The information and content, including Portal Information (described below) (collectively, “Content”) on the Websites is for general educational information only. The Content does not, and is not intended to, provide legal, financial, health care coverage, medical or any other type of advice. The Content may include information regarding therapeutic alternatives for certain medical conditions and may describe uses for products or therapies that have not been approved by the US Food and Drug Administration (FDA). In addition, although our goal is to provide accurate information, due to the ever-changing nature of medical research and health care information, certain information on the Websites may not be accurate or up-to-date. None of the Content on the Websites represents or warrants that any particular drug, therapy, or treatment is safe, appropriate, or effective for you. Visitors should always confirm all health-related information with their health care professionals.

We may block, limit, or terminate your access to the Websites for any reason, including if: (i) you violate these Terms; (ii) you violate any applicable law or regulation relating to your use of the Websites; (iii) you engage in any conduct which we, in our sole discretion, believe is offensive, harmful, defamatory or otherwise harmful to us or others; or (iv) you breach any other agreement with us.

1. Website Visitors

Subject to these Terms, ETS grants unregistered visitors to the Websites a non-exclusive, non-transferable right to access and use the Websites to access the public areas of the Websites for informational purposes only.

2. Registered Users

Subject to these Terms, ETS permits our customers and providers and their users who have registered (collectively, “Registered Users”), a non-exclusive, non-transferable right to access and use certain areas of the Websites, our ETS Knowledge Center Client Portal, the ETS Referral and Contract Client Portal (collectively, “Portals”), and the ETS Provider Portal.

Registered Users will need to provide certain registration details or other information to access the Websites, Portal, or some of the resources it offers. It is a condition of each Registered Users’ use of the Websites that all the information provided for registration or on the Websites is correct, current, and complete; Registered Users are prohibited from impersonating any individual or entity; and Registered Users must comply with all applicable laws, rules, regulations, and guidelines imposed by ETS or applicable governmental authorities. You agree that all information you provide to us via the Websites, your use of the Website, is governed by our agreement with your organization and our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

Each Registered User further acknowledges and agrees as follows:

  1. To maintain the confidentiality of information accessed via the Portals including ETS and patient information, the rates and terms contained in ETS provider agreements, the content of the Referral Notification form, the content of notices documenting receipt of referrals (collectively the “Portal Information”), and all medical and therapeutic content; and
  2. To not share the Portal Information with third parties without ETS’ written consent except via a disclosure of the minimum amount of Portal Information necessary relative to the patient permitted per the Health Insurance Portability and Accountability Act of 1996, as amended, and the regulations promulgated thereunder (“HIPAA”).

Registered Users are responsible for maintaining the confidentiality of their User ID and password. If you become aware of unauthorized use of your User ID and password, you must immediately notify ETS.

Geographic Restrictions

The Websites are controlled and operated by ETS from its offices in the United States of America. The Websites are intended for a United States audience and use by United States residents only. The Websites contain information regarding ETS products and services available only within the United States. ETS makes no representation that the information or materials on or linked through the Website are appropriate or available for use in other locations. If you are not a US resident, you access the Websites solely at your own initiative and risk and are responsible for compliance with local laws and regulations, if applicable. If you reside outside the US, you may see information on the Websites about products or therapies that are not available or authorized in your country.

Acceptable Use

You shall not use the Websites for any purposes beyond the scope of the access granted by these Terms. You shall not at any time, directly or indirectly, and shall not permit any third parties, to: (i) reproduce, modify, adapt, translate, create derivative works of or otherwise exploit any portion of the Websites; (ii) rent, lease, lend, sell, license, sublicense, assign, distribute, publish, transfer, or otherwise make available the Websites to any third party; (iii) reverse engineer, disassemble, decompile, decode, adapt, or otherwise attempt to derive or gain access to any software component of the Websites or ETS’ systems, in whole or in part; (iv) remove any proprietary notices from the Websites or Content (including Portal Information); or (v) use the Websites in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any person, or that violates any applicable law.

You shall not: (i) transmit or otherwise make available through or in connection with the Websites, any virus, work, Trojan horse, time bomb, or other computer code, file or program that is potentially harmful or malicious or could lead to the harm or deletion of any computer systems or data; (ii) use any device, software or routine that interferes with the Websites; (iii) use the Websites in an unlawful or fraudulent manner; (iv) impersonate any other person or misrepresent your identity in any manner, including through the use of another user’s credentials, or provide us with false information; (v) attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Websites, the servers on which the Websites are hosted, or any server, computer or database connected to the Websites; (vi) except as permitted by our customer or client agreements, use any automatic device, process or means (including any bot or scrape) to access the Websites for any purpose, including monitoring, scraping, exporting, or copying content or any data on or from the Websites; and (vii) otherwise attempt to interfere with the proper working of the Websites.

We reserve the right to terminate or block access to the Websites at any time, for any reason. We may take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.

User Content

The Websites may allow you to upload, post, transmit, or share information, text, data, and other content (collectively, “User Content”). In uploading, posting or sharing such User Content, you grant ETS a worldwide, nonexclusive, royalty-free, fully transferable, and fully sublicensable right to access, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, display, and download User Content for the purposes of providing our Websites, the Portals, and our services, consistent with our Privacy Policy. You represent and warrant that: (i) you own or control all rights in and to the User Content and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns; and (ii) all of your User Content does and will comply with these Terms.

The following content standards, as determined in our sole discretion, apply to any and all User Content and use of the Website. User Content must in its entirety comply with all applicable federal, state, local, and international laws, and regulations. Without limiting the foregoing, User Content must not:

  • Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
  • Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
  • Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
  • Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms and Privacy Policy.
  • Be likely to deceive any person.
  • Promote any illegal activity, or advocate, promote, or assist any unlawful act.
  • Impersonate any person or misrepresent your identity or affiliation with any person or organization.
  • Give the impression that they emanate from or are endorsed by ETS or any other person or entity if this is not the case.
  • Criticize ETS, the Websites, or the services of any of ETS’ affiliates service providers.

All User content is the opinion of the user, is not a substitute for your own research, and should not be relied upon for any purpose.

You are solely responsible for the content of any User Content you submit, and ETS assumes no responsibility or liability for any User Content submitted by any user. We reserve the right to remove User Content at any time, but we may preserve and access a backup-copy, and we may disclose the User Content if required to do so by law or in a good faith belief that such access, preservation, or disclosure is required by law or in the best interests of ETS. ETS may also change these standards at any time without notice.

Intellectual Property Ownership

All the names, trademarks, service marks, slogans, and logos displayed on the Websites are registered and unregistered trademarks or service marks of ETS, its affiliates or subsidiaries, or third parties who have licensed their trademarks to ETS or one of its affiliates or subsidiaries. All rights are reserved. You are not authorized to use any ETS name or mark in any advertisement, publicity or in any other commercial manner without prior written consent of ETS. All other trademarks, trade dress, images, photographs, and other works appearing in connection with the Websites are the property of their respective owners.

The entire Content and design of Websites, including but not limited to text, software, music, sound, photographs, video, graphics or other material contained on the Websites or in commercially produced information presented to you through the Websites by ETS, its affiliates, or ETS’ third-party licensors, is protected by U.S. and international intellectual property laws. All rights regarding the Websites and Content contained on the Websites are either owned by ETS, are licensed to it, or are used with permission. ETS and its affiliates, licensors, vendors, or other service providers retain and reserve all proprietary and property rights to the contents of the Websites. You are only permitted to use the Websites and the Contents as expressly authorized in these Terms or otherwise in writing by ETS, its affiliates, or its licensors. Nothing contained herein transfers any right, title, or interest in the Websites or the Content to you.

Updates

We may from time to time in our sole discretion develop and provide updates to the Websites, which may include upgrades, bug fixes, patches, and other error corrections and/or new features (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that we have no obligation to provide any Updates or to continue to provide or enable any particular features or functionality.

Third-Party Websites

The Websites may provide links or other connections to websites operated or controlled by third parties. Please refer to the separate terms of use, privacy policies and other rules posted on these third-party sites before you use them. Third party links are provided merely as a convenience to you and the inclusion of any link does not imply affiliation or endorsement by ETS. You agree that your use of such third-party websites is governed by their respective terms of use and privacy policies, and that we are not responsible for your use of such third-party websites.

Warranty Disclaimer

TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITES, AND ALL CONTENT OR INFORMATION AVAILABLE VIA THE WEBSITES, ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. ETS HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, OTHER THAN THOSE EXPRESSLY PROVIDED FOR HEREIN. ETS SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE.

ETS MAKES NO WARRANTY OF ANY KIND AS TO THE ACCURACY, COMPLETENESS, TIMELINESS, CORRECTNESS, OR RELIABILITY OF ANY CONTENT OR INFORMATION AVAILABLE THROUGH THE WEBSITES. WITHOUT LIMITING THE FOREGOING, ETS SPECIFICALLY DOES NOT REPRESENT OR WARRANT THAT ANY CONTENT OR INFORMATION REGARDING PARTICULAR TREATMENTS, PRODUCTS, PROVIDERS, PLAN BENEFITS OR SCOPE OF COVERAGE IS ACCURATE OR COMPLETE. ETS MAKE NO REPRESENTATIONS OR WARRANTIES THAT THE WEBSITES, OR RESULTS OF THE USE THEREOF, WILL MEET YOURS OR ANY OTHER PERSON’S REQUIREMENTS, OPERATE WITHOUT INTERRUPTION, ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE OR WORK WITH ANY SOFTWARE, SYSTEM OR OTHER WEBSITE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE TECHNOLOGY THAT MAKES IT AVAILABLE ARE SECURE, ACCURATE, COMPLETE, ERROR FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ARE RESPONSIBLE FOR TAKING ALL PRECAUTIONS NECESSARY TO ENSURE THAT ANY CONTENT YOU MAY OBTAIN FROM THIS WEBSITE IS FREE OF VIRUSES AND ANY OTHER POTENTIALLY DESTRUCTIVE COMPUTER CODE.

Limitation of Liability

TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL ETS BE LIABLE UNDER OR IN CONNECTION WITH THESE TERMS UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, FOR ANY: (i) CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED, OR PUNITIVE DAMAGES; (ii) INCREASED COSTS, DIMINUTION IN VALUE OR LOST BUSINESS, PRODUCTION, REVENUES, OR PROFITS; (iii) LOSS OF GOODWILL OR REPUTATION; (iv) USE, INABILITY TO USE, LOSS, INTERRUPTION, DELAY OR RECOVERY OF ANY DATA, OR BREACH OF DATA OR SYSTEM SECURITY; OR (v) COST OF REPLACEMENT GOODS OR WEBSITE, IN EACH CASE REGARDLESS OF WHETHER ETS WAS ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE. IN NO EVENT WILL ETS’ AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE EXCEED $100.

Indemnification

You agree to defend, indemnify, and hold harmless ETS, its parent, subsidiary, and affiliate entities, and of its and their owners, officers, directors, employees, contractors, service providers, and agents, harmless from and against any and all claims, demands, damages, costs and expenses, including reasonable attorneys’ fees, arising out of or related to your use or misuse of the Websites or the Content, the contents of your User Content, your violation of applicable laws, rules, or regulations, or your breach of these Terms.

Informal Dispute Resolution

Before seeking legal recourse for any harm you believe you have suffered arising from or related to your use of the Websites, you must first inform us in writing and to give us at least thirty (30) business days to cure the harm, as we decide in our good faith judgement, before initiating any suit, action, or proceeding.

Governing Law; Waiver of Class Actions; Statute of Limitations

These Terms are governed by and construed in accordance with the internal laws of the State of Minnesota without reference to any choice or conflict-of-law provision or rule. Any legal suit, action, or proceeding arising under or relating to these Terms or your use of the Websites shall be instituted in the state and federal courts located in Hennepin County, Minnesota, USA. You waive any and all objections to the exercise of personal jurisdiction over you by such courts and to venue in such courts.

YOU AGREE THAT ETS AND YOU ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY. YOU FURTHER AGREE THAT ANY DISPUTE RESOLUTION WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ACTIONS ARE NOT PERMITTED AND YOU AGREE TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION OR ANY SIMILAR COLLECTIVE LEGAL ACTION. YOU WILL PURSUE ANY CLAIM OR DISPUTE REGARDING ETS IN YOUR INDIVIDUAL CAPACITY AND NOT AS PART OF A CLASS ACTION OR COLLECTIVE ACTION.

ANY CLAIM BY YOU MUST BE RAISED WITHIN TWELVE (12) MONTHS FROM THE DATE ON WHICH THE CLAIM AROSE OR IT IS WAIVED AND VOID.

Miscellaneous

Under no circumstances will we be held liable for any delay or failure in performance due, in whole or in part, to any acts of nature or other causes beyond our reasonable control.

If any provision of these Terms is found to be invalid by any court having competent jurisdiction, then that provision will be deemed severable from these Terms and shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.

The failure by us to enforce any right or provision, or such a waiver by us, of any of these Terms, shall not be deemed a further or continuing waiver of such term or condition or any other term or condition or otherwise prevent us from enforcing such right or provision in the future.

We may assign our rights and obligations under these Terms, including in connection with a merger, acquisition, sale of assets or equity, or by operation of law. You may not assign rights and obligations under these Terms, including in connection with a merger, acquisition, sale of assets or equity, or by operation of law, without our prior written consent.

These Terms, the Privacy Policy, and any other agreement entered into with your organization or employer constitute the sole and entire agreement between you and ETS regarding the Websites and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Websites.

Contact Us

To contact us regarding these Terms or the operation of the Websites, contact us at:

Emerging Therapy Solutions, Inc.
2001 Killebrew Drive, Ste. 240
Bloomington, MN 55425
Telephone: 877-445-4822
Email: info@emergingtherapies.com.Last Updated: October 29, 2026

These terms of use are entered into by and between you and Emerging Therapy Solutions® group of companies (collectively, “ETS,” “we,” or “us”). The following terms and conditions, together with any documents they expressly incorporate by reference and other agreements we have entered into with your organization or employer (collectively, the “Terms”), govern your access to and use of our websites, such as emergingtherapies.com, and our Portals (as defined below) at portal.emergingtherapies.com (collectively, the “Websites”), whether as a guest or registered user.

Please carefully review the Terms before you use the Websites. By entering into another agreement with ETS, using the Websites, or registering for an account on the Websites, or otherwise clicking to accept or agree to the Terms when this option is made available to you, you accept and agreed to be bound and abide by these Terms, and our Privacy Policy, located at https://emergingtherapies.com/privacy-policy/. If you do not agree to abide by all the provisions contained in these Terms, you must not register with, use, or access the Websites.

The Websites are offered and available to users who are at least 13 years of age or older. By using the Websites, you represent and warrant that you are at least 13 years of age or older (or if between the ages of 13 and 18, that you have parental permission to access the Websites), and otherwise meet all of the eligibility requirements contained herein. If you are accessing the Websites on behalf of an organizational customer, you represent and warrant that you are authorized to bind such customer to these Terms. If you do not meet all of these requirements, you must not access or use the Websites.

Changes to the Terms of Use

ETS may revise and update these Terms from time to time in our sole discretion. All changes will become effective immediately upon posting and apply to all access to and use of the Websites thereafter. Your continued use of the Websites following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page each time you visit our Websites so you are aware of any changes, as they are binding on you.

Accessing the Websites

Subject to your compliance with these Terms as further described below, we hereby grant you a non-exclusive, non-transferable, and revocable right to access and use the Websites, solely and strictly in accordance with these Terms and applicable laws. You understand and agree that the Website is provided under license to you, not being sold to you, and you do not gain any ownership interest of any kind in the Websites under these Terms.

We will not be liable if for any reason all or any part of the Websites are unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Websites, or the entirety of the Websites, to visitors and users. ETS does not make any representations or guarantees regarding uptime or availability of the Website.

You are responsible for: (i) making all arrangements necessary for you to have access to the Websites; and (ii) ensuring that all persons who access the Websites through your internet connection or user account are aware of these Terms and comply with them.

The information and content, including Portal Information (described below) (collectively, “Content”) on the Websites is for general educational information only. The Content does not, and is not intended to, provide legal, financial, health care coverage, medical or any other type of advice. The Content may include information regarding therapeutic alternatives for certain medical conditions and may describe uses for products or therapies that have not been approved by the US Food and Drug Administration (FDA). In addition, although our goal is to provide accurate information, due to the ever-changing nature of medical research and health care information, certain information on the Websites may not be accurate or up-to-date. None of the Content on the Websites represents or warrants that any particular drug, therapy, or treatment is safe, appropriate, or effective for you. Visitors should always confirm all health-related information with their health care professionals.

We may block, limit, or terminate your access to the Websites for any reason, including if: (i) you violate these Terms; (ii) you violate any applicable law or regulation relating to your use of the Websites; (iii) you engage in any conduct which we, in our sole discretion, believe is offensive, harmful, defamatory or otherwise harmful to us or others; or (iv) you breach any other agreement with us.

1. Website Visitors

Subject to these Terms, ETS grants unregistered visitors to the Websites a non-exclusive, non-transferable right to access and use the Websites to access the public areas of the Websites for informational purposes only.

2. Registered Users

Subject to these Terms, ETS permits our customers and providers and their users who have registered (collectively, “Registered Users”), a non-exclusive, non-transferable right to access and use certain areas of the Websites, our ETS Knowledge Center Client Portal, the ETS Referral and Contract Client Portal (collectively, “Portals”), and the ETS Provider Portal.

Registered Users will need to provide certain registration details or other information to access the Websites, Portal, or some of the resources it offers. It is a condition of each Registered Users’ use of the Websites that all the information provided for registration or on the Websites is correct, current, and complete; Registered Users are prohibited from impersonating any individual or entity; and Registered Users must comply with all applicable laws, rules, regulations, and guidelines imposed by ETS or applicable governmental authorities. You agree that all information you provide to us via the Websites, your use of the Website, is governed by our agreement with your organization and our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

Each Registered User further acknowledges and agrees as follows:

  1. To maintain the confidentiality of information accessed via the Portals including ETS and patient information, the rates and terms contained in ETS provider agreements, the content of the Referral Notification form, the content of notices documenting receipt of referrals (collectively the “Portal Information”), and all medical and therapeutic content; and
  2. To not share the Portal Information with third parties without ETS’ written consent except via a disclosure of the minimum amount of Portal Information necessary relative to the patient permitted per the Health Insurance Portability and Accountability Act of 1996, as amended, and the regulations promulgated thereunder (“HIPAA”).

Registered Users are responsible for maintaining the confidentiality of their User ID and password. If you become aware of unauthorized use of your User ID and password, you must immediately notify ETS.

Geographic Restrictions

The Websites are controlled and operated by ETS from its offices in the United States of America. The Websites are intended for a United States audience and use by United States residents only. The Websites contain information regarding ETS products and services available only within the United States. ETS makes no representation that the information or materials on or linked through the Website are appropriate or available for use in other locations. If you are not a US resident, you access the Websites solely at your own initiative and risk and are responsible for compliance with local laws and regulations, if applicable. If you reside outside the US, you may see information on the Websites about products or therapies that are not available or authorized in your country.

Acceptable Use

You shall not use the Websites for any purposes beyond the scope of the access granted by these Terms. You shall not at any time, directly or indirectly, and shall not permit any third parties, to: (i) reproduce, modify, adapt, translate, create derivative works of or otherwise exploit any portion of the Websites; (ii) rent, lease, lend, sell, license, sublicense, assign, distribute, publish, transfer, or otherwise make available the Websites to any third party; (iii) reverse engineer, disassemble, decompile, decode, adapt, or otherwise attempt to derive or gain access to any software component of the Websites or ETS’ systems, in whole or in part; (iv) remove any proprietary notices from the Websites or Content (including Portal Information); or (v) use the Websites in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any person, or that violates any applicable law.

You shall not: (i) transmit or otherwise make available through or in connection with the Websites, any virus, work, Trojan horse, time bomb, or other computer code, file or program that is potentially harmful or malicious or could lead to the harm or deletion of any computer systems or data; (ii) use any device, software or routine that interferes with the Websites; (iii) use the Websites in an unlawful or fraudulent manner; (iv) impersonate any other person or misrepresent your identity in any manner, including through the use of another user’s credentials, or provide us with false information; (v) attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Websites, the servers on which the Websites are hosted, or any server, computer or database connected to the Websites; (vi) except as permitted by our customer or client agreements, use any automatic device, process or means (including any bot or scrape) to access the Websites for any purpose, including monitoring, scraping, exporting, or copying content or any data on or from the Websites; and (vii) otherwise attempt to interfere with the proper working of the Websites.

We reserve the right to terminate or block access to the Websites at any time, for any reason. We may take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.

User Content

The Websites may allow you to upload, post, transmit, or share information, text, data, and other content (collectively, “User Content”). In uploading, posting or sharing such User Content, you grant ETS a worldwide, nonexclusive, royalty-free, fully transferable, and fully sublicensable right to access, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, display, and download User Content for the purposes of providing our Websites, the Portals, and our services, consistent with our Privacy Policy. You represent and warrant that: (i) you own or control all rights in and to the User Content and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns; and (ii) all of your User Content does and will comply with these Terms.

The following content standards, as determined in our sole discretion, apply to any and all User Content and use of the Website. User Content must in its entirety comply with all applicable federal, state, local, and international laws, and regulations. Without limiting the foregoing, User Content must not:

  • Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
  • Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
  • Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
  • Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms and Privacy Policy.
  • Be likely to deceive any person.
  • Promote any illegal activity, or advocate, promote, or assist any unlawful act.
  • Impersonate any person or misrepresent your identity or affiliation with any person or organization.
  • Give the impression that they emanate from or are endorsed by ETS or any other person or entity if this is not the case.
  • Criticize ETS, the Websites, or the services of any of ETS’ affiliates service providers.

All User content is the opinion of the user, is not a substitute for your own research, and should not be relied upon for any purpose.

You are solely responsible for the content of any User Content you submit, and ETS assumes no responsibility or liability for any User Content submitted by any user. We reserve the right to remove User Content at any time, but we may preserve and access a backup-copy, and we may disclose the User Content if required to do so by law or in a good faith belief that such access, preservation, or disclosure is required by law or in the best interests of ETS. ETS may also change these standards at any time without notice.

Intellectual Property Ownership

All the names, trademarks, service marks, slogans, and logos displayed on the Websites are registered and unregistered trademarks or service marks of ETS, its affiliates or subsidiaries, or third parties who have licensed their trademarks to ETS or one of its affiliates or subsidiaries. All rights are reserved. You are not authorized to use any ETS name or mark in any advertisement, publicity or in any other commercial manner without prior written consent of ETS. All other trademarks, trade dress, images, photographs, and other works appearing in connection with the Websites are the property of their respective owners.

The entire Content and design of Websites, including but not limited to text, software, music, sound, photographs, video, graphics or other material contained on the Websites or in commercially produced information presented to you through the Websites by ETS, its affiliates, or ETS’ third-party licensors, is protected by U.S. and international intellectual property laws. All rights regarding the Websites and Content contained on the Websites are either owned by ETS, are licensed to it, or are used with permission. ETS and its affiliates, licensors, vendors, or other service providers retain and reserve all proprietary and property rights to the contents of the Websites. You are only permitted to use the Websites and the Contents as expressly authorized in these Terms or otherwise in writing by ETS, its affiliates, or its licensors. Nothing contained herein transfers any right, title, or interest in the Websites or the Content to you.

Updates

We may from time to time in our sole discretion develop and provide updates to the Websites, which may include upgrades, bug fixes, patches, and other error corrections and/or new features (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that we have no obligation to provide any Updates or to continue to provide or enable any particular features or functionality.

Third-Party Websites

The Websites may provide links or other connections to websites operated or controlled by third parties. Please refer to the separate terms of use, privacy policies and other rules posted on these third-party sites before you use them. Third party links are provided merely as a convenience to you and the inclusion of any link does not imply affiliation or endorsement by ETS. You agree that your use of such third-party websites is governed by their respective terms of use and privacy policies, and that we are not responsible for your use of such third-party websites.

Warranty Disclaimer

TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITES, AND ALL CONTENT OR INFORMATION AVAILABLE VIA THE WEBSITES, ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. ETS HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, OTHER THAN THOSE EXPRESSLY PROVIDED FOR HEREIN. ETS SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE.

ETS MAKES NO WARRANTY OF ANY KIND AS TO THE ACCURACY, COMPLETENESS, TIMELINESS, CORRECTNESS, OR RELIABILITY OF ANY CONTENT OR INFORMATION AVAILABLE THROUGH THE WEBSITES. WITHOUT LIMITING THE FOREGOING, ETS SPECIFICALLY DOES NOT REPRESENT OR WARRANT THAT ANY CONTENT OR INFORMATION REGARDING PARTICULAR TREATMENTS, PRODUCTS, PROVIDERS, PLAN BENEFITS OR SCOPE OF COVERAGE IS ACCURATE OR COMPLETE. ETS MAKE NO REPRESENTATIONS OR WARRANTIES THAT THE WEBSITES, OR RESULTS OF THE USE THEREOF, WILL MEET YOURS OR ANY OTHER PERSON’S REQUIREMENTS, OPERATE WITHOUT INTERRUPTION, ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE OR WORK WITH ANY SOFTWARE, SYSTEM OR OTHER WEBSITE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE TECHNOLOGY THAT MAKES IT AVAILABLE ARE SECURE, ACCURATE, COMPLETE, ERROR FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ARE RESPONSIBLE FOR TAKING ALL PRECAUTIONS NECESSARY TO ENSURE THAT ANY CONTENT YOU MAY OBTAIN FROM THIS WEBSITE IS FREE OF VIRUSES AND ANY OTHER POTENTIALLY DESTRUCTIVE COMPUTER CODE.

Limitation of Liability

TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL ETS BE LIABLE UNDER OR IN CONNECTION WITH THESE TERMS UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, FOR ANY: (i) CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED, OR PUNITIVE DAMAGES; (ii) INCREASED COSTS, DIMINUTION IN VALUE OR LOST BUSINESS, PRODUCTION, REVENUES, OR PROFITS; (iii) LOSS OF GOODWILL OR REPUTATION; (iv) USE, INABILITY TO USE, LOSS, INTERRUPTION, DELAY OR RECOVERY OF ANY DATA, OR BREACH OF DATA OR SYSTEM SECURITY; OR (v) COST OF REPLACEMENT GOODS OR WEBSITE, IN EACH CASE REGARDLESS OF WHETHER ETS WAS ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE. IN NO EVENT WILL ETS’ AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE EXCEED $100.

Indemnification

You agree to defend, indemnify, and hold harmless ETS, its parent, subsidiary, and affiliate entities, and of its and their owners, officers, directors, employees, contractors, service providers, and agents, harmless from and against any and all claims, demands, damages, costs and expenses, including reasonable attorneys’ fees, arising out of or related to your use or misuse of the Websites or the Content, the contents of your User Content, your violation of applicable laws, rules, or regulations, or your breach of these Terms.

Informal Dispute Resolution

Before seeking legal recourse for any harm you believe you have suffered arising from or related to your use of the Websites, you must first inform us in writing and to give us at least thirty (30) business days to cure the harm, as we decide in our good faith judgement, before initiating any suit, action, or proceeding.

Governing Law; Waiver of Class Actions; Statute of Limitations

These Terms are governed by and construed in accordance with the internal laws of the State of Minnesota without reference to any choice or conflict-of-law provision or rule. Any legal suit, action, or proceeding arising under or relating to these Terms or your use of the Websites shall be instituted in the state and federal courts located in Hennepin County, Minnesota, USA. You waive any and all objections to the exercise of personal jurisdiction over you by such courts and to venue in such courts.

YOU AGREE THAT ETS AND YOU ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY. YOU FURTHER AGREE THAT ANY DISPUTE RESOLUTION WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ACTIONS ARE NOT PERMITTED AND YOU AGREE TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION OR ANY SIMILAR COLLECTIVE LEGAL ACTION. YOU WILL PURSUE ANY CLAIM OR DISPUTE REGARDING ETS IN YOUR INDIVIDUAL CAPACITY AND NOT AS PART OF A CLASS ACTION OR COLLECTIVE ACTION.

ANY CLAIM BY YOU MUST BE RAISED WITHIN TWELVE (12) MONTHS FROM THE DATE ON WHICH THE CLAIM AROSE OR IT IS WAIVED AND VOID.

Miscellaneous

Under no circumstances will we be held liable for any delay or failure in performance due, in whole or in part, to any acts of nature or other causes beyond our reasonable control.

If any provision of these Terms is found to be invalid by any court having competent jurisdiction, then that provision will be deemed severable from these Terms and shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.

The failure by us to enforce any right or provision, or such a waiver by us, of any of these Terms, shall not be deemed a further or continuing waiver of such term or condition or any other term or condition or otherwise prevent us from enforcing such right or provision in the future.

We may assign our rights and obligations under these Terms, including in connection with a merger, acquisition, sale of assets or equity, or by operation of law. You may not assign rights and obligations under these Terms, including in connection with a merger, acquisition, sale of assets or equity, or by operation of law, without our prior written consent.

These Terms, the Privacy Policy, and any other agreement entered into with your organization or employer constitute the sole and entire agreement between you and ETS regarding the Websites and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Websites.

Contact Us

To contact us regarding these Terms or the operation of the Websites, contact us at:

Emerging Therapy Solutions, Inc.
2001 Killebrew Drive, Ste. 240
Bloomington, MN 55425
Telephone: 877-445-4822
Email: info@emergingtherapies.com.