Terms of Use


Welcome to pHLIP, Inc. (“pHLIP”)’s website, http://www.phlipinc.com (the “Site”). pHILP is pleased to provide you with information and links to information regarding pHLIP.

Access and use of any information or materials from this Site requires that you acknowledge certain of pHLIP’s intellectual property rights and agree to the following terms and conditions and all applicable laws in using the information and materials. By accessing and browsing this Site, you accept, without limitation or qualification, the terms and conditions provided in these terms of use (the “Terms of Use”) and acknowledge that they supersede any other agreement between you and pHLIP covering this Site or the contents of this Site. pHILP may change these Terms of Use at any time without notice.

The product information provided on this Site is intended for residents of the United States.


pHILP’s policies concerning the use of your personal information are set forth in pHILP’s Privacy Notice on this Site and incorporated by reference herein. By using this Site or the services provided by or through this Site (“services”), you agree to waive and release pHLIP from any claim or liability in connection with the collection, use, or disclosure of information consistent with the Privacy Notice.

Limited License
All contents on this Site, including, but not limited to, pictures, illustrations, designs, icons, text, audio clips, and video clips (collectively, the “Site Content”) and all intellectual property rights therein, are owned, controlled, or licensed by pHLIP, its affiliates, or partners or other individuals or organizations and are protected by copyright laws. You may view and copy the Site Content on the public portions of this Site solely for non-commercial, personal and informational use. Any copy of the Site Content you copy shall retain all copyright and other proprietary notices in the same form and manner as on the original. Nothing contained herein shall be construed as conferring any license or right under any pHLIP copyright or the copyright of the owner. No other use of the information is authorized without the express written permission of pHLIP or the copyright owner. All other rights reserved.

Trademark Information
All trademarks, logos, trade names, trade dress, service marks and products of pHLIP (“Marks”) displayed on this Site are the property of pHLIP or third parties, are protected in the United States and internationally and may not be used for advertising or publicity purposes, or to indicate any affiliation with or endorsement by pHLIP. You are not permitted to use these Marks without pHLIP’s prior written consent or the prior written consent of the third party that owns the Mark.

User Content
You are solely responsible for all the content including, but not limited to, text, photographs, caricatures, illustrations, designs, icons, articles, audio clips, and video clips (collectively, “User Content”) that you post, e-mail, or otherwise transmit via this Site. pHLIP does not control User Content posted or otherwise transmitted via this Site. pHILP does not guarantee the accuracy, integrity, or quality of such User Content. Any communications you send to this Site or otherwise to pHLIP by electronic mail, with the exception of personally identifiable information as defined in the Privacy Notice, shall be deemed to be non-confidential. pHILP shall have no obligation of any kind with respect to such information and shall be free to reproduce, use, disclose, and distribute the information to others without limitation. pHLIP shall be free to use any ideas, concepts, know-how, or techniques contained in such information for any purpose whatsoever including but not limited to developing, manufacturing, and marketing products incorporating such information.

Medical Advice
The Site Content is provided for informational purposes only and should not be construed as medical, legal, financial, investment, or other professional advice or opinion. pHILP does not offer personalized medical advice or patient-specific treatment advice. Only your doctor or other healthcare professional can determine if a product described on this Site is appropriate for you. Use of this Site is not a substitute for a call or visit to, or consultation with, your physician or a healthcare professional. You should not rely on this Site or any other service offered by or through this Site for medical diagnosis or treatment. YOU SHOULD NEVER DISREGARD OR DELAY SEEKING MEDICAL ADVICE BECAUSE OF SOMETHING THAT YOU HAVE SEEN OR HEARD ON THIS SITE. PLEASE CONSULT WITH YOUR DOCTOR, OR OTHER QUALIFIED HEALTHCARE PROFESSIONAL, BEFORE USING ANY PRODUCT DISCUSSED ON THIS SITE.

Although pHLIP has attempted to provide accurate information on this Site, pHILP does not warrant or assume any responsibility for the accuracy or completeness of the Site Content. In particular, pHILP may not update this Site on a daily or other regular basis. As such, the Site Content may be out of date or include omissions or other errors. pHLIP may change the Site Content provided on this Site at any time without notice.

All Site Content is provided on an “AS IS” and “AS AVAILABLE” basis without warranty of any kind. To the maximum extent permitted by law, pHLIP, its affiliates, and collaborators disclaim all warranties, express or implied, including without limitation those of merchantability, non-infringement, and fitness for a particular purpose.

pHILP makes no warranty that this Site will meet your requirements; that this Site will be uninterrupted, timely, secure, or error-free; that messages or requests will be delivered; that defects will be corrected; or that this Site is free of viruses or other harmful components. pHLIP makes no warranty regarding any goods or services purchased or obtained through this Site or any transactions entered into through this Site. You assume the entire risk as to the results and performance of this Site and any goods or services purchased therefrom.

Use of this Site
You agree not to do any of the following while visiting or using this Site or any services provided by or through this Site:

• Impersonate or misrepresent your affiliation with any person or entity;
• Except as expressly permitted by the rules of this Site, post or transmit any unsolicited advertising, promotional materials, junk mail, spam, or any other form of solicitation on this Site or through the services;
• Post or transmit any information or material that is defamatory, offensive, indecent, obscene, or unlawful;
• Post or transmit any information or software which contains a virus, trojan horse, worm, or other harmful components;
• Violate any applicable law or regulation, including without limitation any local, state, provincial, national, or international law, any export control laws, or any regulations promulgated by any state or federal authority;
• Access or use password protected, secure, or non-public areas of this Site without authorization; or
• Frame, repackage, or otherwise re-distribute any portion of this Site.

pHLIP may, at its sole discretion, take any action pHILP deems necessary, including, but not limited to, termination of access to this Site, if pHILP believes a user’s conduct or content fails to conform to the terms and conditions provided in these Terms of Use or may create liability for pHLIP, its affiliates, partners, suppliers, or other users. pHLIP will not be liable to you or any third party as a result of such termination and modification. The terms and conditions provided in these Terms of Use will survive any such termination and modification.

Limitation of Liability
pHLIP, its directors, officers, employees, affiliates, agents, representatives, consultants, and collaboration partners shall not be liable for any direct, indirect, special, punitive, consequential, or incidental damages (including without limitation those arising from lost profits, lost data, or business interruption) resulting from the use, inability to use, or the result of use of this Site or the materials, information, or hyperlinks contained in it, or on any other hyperlinked Site, whether based on warranty, contact, tort, or any other legal theory, even if pHLIP, its directors, officers, employees, affiliates, agents, representatives, consultants, or collaboration partners have been expressly advised of the possibility of such damages. You agree to hold pHLIP, its directors, officers, employees, affiliates, agents, representatives, consultants, and collaboration partners harmless from and against any claims or actions based upon or related to the use of this Site or any hyperlinked Site or based on any reliance upon the information contained therein. Applicable law may not allow the exclusion or limitation of incidental or consequential damages so the above limitation or exclusion may not apply to you.

This Site contains hyperlinks to websites owned or controlled by other parties. Access to any such other sites is at your own risk, pHLIP is not responsible for the accuracy or reliability of any information accessible from such other sites, and pHILP does not make any representations or warranties about them. Third party-linked sites and their contents should not be attributed to pHLIP in any manner. pHILP provides these hyperlinks merely as a convenience and the hyperlinks are not an endorsement.

Governing Law and Jurisdiction
pHILP reserves pHILP’s right to any remedy available at law or equity in the event of your breach of these Terms of Use. All matters relating to your access to, or use of, this Site shall be governed by the law of the state of New York. Any legal action or proceeding relating to your access to, or use of, this Site shall be instituted in a state court in New York or the U.S. district court for New York. You agree to submit to the jurisdiction of, and agree that venue is proper in, these courts in any legal action or proceeding.

Dispute Resolution-No Class Actions
You and pHLIP agree that every dispute arising in connection with these Terms of Use will only be brought in the state and federal courts sitting in the state of New York. YOU AND PHLIP AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

This Site is for U.S. Audiences Only
Access to and use of this Site is subject to the above terms and conditions. This Site was developed and is maintained by pHLIP. This information is intended only for residents of the United States.

Use of headings in these Terms of Use are for convenience only and will not have any impact on the interpretation of any provision. If any provision of these Terms of Use is held to be invalid, void, or unenforceable, such provision will be given effect to the greatest extent possible under the circumstances and shall otherwise be severable without affecting the enforceability of the remaining provisions of these Terms of Use which shall continue in full force and effect. The failure to require performance of any provision of these Terms of Use will not affect pHILP’s right to require performance at any other time, nor will a waiver of any breach or default of these Terms of Use constitute a waiver of such provision or any subsequent breach or default. Nothing contained in these Terms of Use shall be construed as creating any agency, partnership, or other form of joint enterprise between you and pHLIP. You may not assign or transfer these Terms of Use or your rights under these Terms of Use, in whole or in part, by operation of law or otherwise, without pHILP’s prior written consent. pHLIP may assign these Terms of Use at any time without notice or consent. You acknowledge and agree that these Terms of Use constitute the complete agreement you and pHLIP concerning your use of this Site.

Contact Information
If you have any questions relating to these Terms of Use, you may contact pHLIP via email at pHLIP@phlipinc.com or via postal mail at pHLIP, Inc., 2 Lippitt, Rd, Kingston, RI 02881, Attn: General Counsel (Terms)