Terms of Service

THESE ARE THE GENERAL TERMS AND CONDITIONS GOVERNING YOUR USE OF THE FDAZILLA PRODUCTS. BY PURCHASING, YOU ARE CONCLUDING A LEGALLY BINDING AGREEMENT BASED ON THESE TERMS WITH GOVZILLA, INC.

Version 2.0

Introduction

Govzilla, Inc. owns and operates FDAzilla. The FDAzilla products, information, content, and services it makes available (which, collectively, are referred to as the "Product"), is provided to you by Govzilla, Inc., an Illinois corporation with principal offices in the state of Illinois ("Govzilla, Inc." or "We"). These Terms of Use (this "Agreement") set forth the terms and conditions governing your use of this Product.

Modifications to this Agreement

Govzilla, Inc. may make changes to this Agreement from time to time in its sole discretion by updating this posting on the Product web page and specifying the effective date of the new version of the Agreement. Your continued use of the Product following the posting of a new version of the Agreement constitutes your acceptance of any such changes. Accordingly, whenever you visit this Product, you should check to see if a new version of the Agreement has been posted.

Contact Information

If you have any questions or concerns with respect to this Agreement or the Product, you may contact Govzilla, Inc. by emailing support@fdazilla.com.

Product Intended Audience

This Product is operated by Govzilla, Inc. from its offices in the United States. This Product is directed to adults and is not intended for children under the age of thirteen.

Privacy

We describe our current practices related to personally identifiable information collected through the Site in our Privacy Policy and state that we may update our policies and practices from time to time at our sole discretion.

Disclaimer with Respect to Content

A variety of information, advice, recommendations, letters, messages, comments, posts, text, graphics, software, music, sound, photographs, videos, data, and other materials ("Content") is available on the Product. Some of the Content is provided by Govzilla, Inc. or its suppliers, and other Content is provided by persons who use the Product ("Users"), such as User opinions and views provided via posts to chat rooms, blogs, bulletin boards, or discussion forums. While Govzilla, Inc. strives to keep the Content that it posts on the Product web pages accurate, complete, and up-to-date, Govzilla, Inc. cannot guarantee and is not responsible for the accuracy, completeness, or timeliness of any Content, whether provided by Govzilla, Inc., its suppliers, or by Users of the Product. Any opinions, advice, statements or other information expressed or made available by Users or third parties are those of the respective User or other third party and not of Govzilla, Inc. Govzilla, Inc. does not endorse and is not responsible for the accuracy or reliability of any opinion, advice or statement made on the Product web pages. Govzilla, Inc. does not have any obligation to prescreen, edit, or remove any Content provided by Users that is posted on or available through the Product. Notwithstanding the foregoing, Govzilla, Inc. will have the right (but not the obligation), in its sole discretion and for any reason, to prescreen, edit, refuse to accept, remove, or move any such Content. THE CONTENT AVAILABLE VIA THE PRODUCT WEB PAGES IS PROVIDED WITH THE UNDERSTANDING THAT NEITHER GOVZILLA, INC. NOR ITS SUPPLIERS OR USERS ARE ENGAGED IN RENDERING MEDICAL, COUNSELING, LEGAL, OR OTHER PROFESSIONAL SERVICES OR ADVICE. SUCH CONTENT IS INTENDED SOLELY AS A GENERAL EDUCATIONAL AID. IT IS NOT INTENDED AS MEDICAL OR HEALTHCARE ADVICE OR TO BE USED FOR MEDICAL DIAGNOSIS OR TREATMENT FOR ANY INDIVIDUAL PROBLEM. IT IS ALSO NOT INTENDED AS A SUBSTITUTE FOR PROFESSIONAL ADVICE AND SERVICES FROM A QUALIFIED HEALTHCARE PROVIDER FAMILIAR WITH YOUR UNIQUE FACTS. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTHCARE PROVIDER REGARDING ANY MEDICAL CONDITION BEFORE STARTING ANY NEW TREATMENT.

User-Submitted Content

You are responsible for all Content that you submit, post, or otherwise make available to or through the Product. By doing so, you represent and warrant to Govzilla, Inc. that such content is not confidential and that you have all necessary permission to submit, post, and otherwise make available such Content. Govzilla, Inc. makes no claims to ownership of Content that you submit, post, or otherwise make available to or through the Product; you continue to retain all ownership rights in such Content and the right to use your Content as you determine. However, you do grant to Govzilla, Inc. and its affiliates a worldwide, nonexclusive, perpetual, fully sub-licensable, royalty-free right and license as set delineated below: 1. With respect to Content other than photos, graphics, audio, video, or journals that you submit, post, or otherwise make available to public areas of the Product (e.g. not intended as a private communication), the license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform, and publicly display such Content (in whole or part) worldwide via the Product or otherwise, and/or to incorporate it in other works in any form, media, or technology now known or later developed; and 2. With respect to photos, graphics, audio, video or journals that you submit, post, or otherwise make available to public areas of the Web Site, the license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and publicly display such Content for the purpose for which such Content was submitted, posted, or made available.

Do(s) and Don't(s) for Users

You agree that you will comply with applicable laws, this Agreement, the DO(s) and DON'T(s) below which DO comply with the Agreement and all Laws; and submit accurate, lawful, and interesting content. DON'T submit, post, or otherwise make available to or through the Product any information that: is unlawful, harassing, defamatory, abusive, threatening, obscene, harmful, tortuous, libelous, or invasive of another's privacy; or infringes or violates any party's copyright, trademark, trade secret, patent, or other proprietary right; or contains any digital worms, viruses, or other harmful, disruptive, or destructive files, code, or programs; or includes any unauthorized advertising, promotional materials, chain letters, spam, junk mail, or any other type of unsolicited mass e-mail to people or entities that have not agreed to be part of such mailings; you do not have the right to submit, post, disseminate, transmit, or use the Product in any way to: impersonate any person or entity; falsely state or otherwise misrepresent your affiliation with any person or entity; intentionally omit, delete, forge, or misrepresent transmission information, including headers, return mailing, and Internet protocol addresses; or otherwise manipulate identifiers to disguise the origin of any content that you submit or transmit through the Product; or disrupt the normal flow of dialogue or otherwise act in a manner that negatively affects other users' ability to engage in real-time exchanges; or interfere with, disrupt, or harm in any way the Product or servers or networks connected to the Product; or electronically stalk or otherwise harass another user; or engage in any activities that would violate the personal privacy rights of others, including but not limited to collecting and distributing information about other users without their permission, except as permitted by applicable law; or use the Product in violation of any applicable laws or regulations, or any rules or guidelines established by Govzilla, Inc.

User Rights and Responsibilities

Please bear in mind that the material you read in the Product originates from: https://www.fda.gov or from other members or sources. Govzilla, Inc. strives to ensure that the content provided from https://www.fda.gov is equivalent to what one would find on https://www.fda.gov or by custom requesting it from the FDA itself via FOIA requests. However, Govzilla, Inc. cannot ensure 100% synchronization due to many factors, including technical constraints and availability. Govzilla, Inc. does not monitor or verify the information posted by our members. The comments, opinions, and statements posted on our bulletin boards and chats reflect the views of the user who makes the post and don't necessarily reflect the views of Govzilla, Inc. The information posted on our boards and chats, including advice and opinions, is the responsibility of those members who create the posts. Posts from users may contain medical information that is incorrect or dangerous to you or your children. Please consult your doctor or other qualified professional before relying on information you find in the community areas. If you believe that you have an emergency of any kind, please contact your healthcare provider or dial 911 or your local emergency number for assistance. GOVZILLA, INC. ASSUMES NO RESPONSIBILITY FOR ANY CONSEQUENCE RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE CONTENT AVAILABLE VIA THE PRODUCT. YOU MUST EVALUATE, AND BEAR ALL RISKS ASSOCIATED WITH, THE USE OF ANY CONTENT, INCLUDING ANY RELIANCE ON THE ACCURACY, COMPLETENESS, OR USEFULNESS OF CONTENT POSTED. THE CONTENT AVAILABLE IS PROVIDED WITH THE UNDERSTANDING THAT NEITHER GOVZILLA, INC. NOR ITS SUPPLIERS OR USERS ARE ENGAGED IN RENDERING MEDICAL, COUNSELING, LEGAL, OR OTHER PROFESSIONAL SERVICES OR ADVICE. YOU SHOULD NOT UTILIZE SUCH CONTENT AS MEDICAL OR HEALTHCARE ADVICE, MEDICAL DIAGNOSIS, OR TREATMENT FOR ANY INDIVIDUAL PROBLEM. IT IS ALSO NOT INTENDED AS A SUBSTITUTE FOR PROFESSIONAL ADVICE AND SERVICES FROM A QUALIFIED HEALTHCARE PROVIDER FAMILIAR WITH YOUR UNIQUE FACTS. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTHCARE PROVIDER REGARDING ANY MEDICAL CONDITION.

Adverse Events with Medical Products

If you have an unexpected or negative reaction (or "adverse event") that may be related to the use of a medical product, it is important that you tell your doctor and also report it to the company that makes or sells the product so they can investigate the problem. The product should include the company's phone number on the label. You can also report the problem to the United States Food and Drug Administration at https://www.fda.gov/Safety/MedWatch/default.htm.

Ownership and Intellectual Property Rights

This Product is owned by Govzilla, Inc. All right to, title to, and interest in the Content available via the Product, the Product Web Site's look and feel, the designs, trademarks, service marks, and trade names displayed on the Product Web Pages, and the Product Web Site URLs, are the property of Govzilla, Inc.

License to Use Content

Govzilla, Inc. grants you a nonexclusive, nontransferable, revocable, limited license to view, copy, print, and distribute Content retrieved from the Product only for your personal, noncommercial use, provided that you do not remove or obscure any copyright notice, trademark notice, or other proprietary rights notices displayed on or in conjunction with the Content. You may not use any Content available via the Product in any other manner or for any other purpose without the prior written permission of Govzilla, Inc. All rights not expressly granted in this Agreement are expressly reserved to Govzilla, Inc.

Trademark Notices

Govzilla, Inc. whether registered or unregistered, owns all trademarks, service marks, logos, and designs used on this Product or other third parties. You may not use or display any trademarks, service marks, logos, or designs owned by Govzilla, Inc. or its affiliates without our prior written consent.

Your Contact With Advertisers or Other Third Parties and Other Web Sites

Your dealings with advertisers or other third parties found on or accessible through the Product are solely between you and the third party. These dealings include, but are not limited to, your participation in promotions, the payment for and delivery of items if any, and any terms, conditions, warranties, or representations associated with such dealings. These links are provided solely as a convenience to Users and should not be construed as an endorsement by Govzilla, Inc. of content, items, or services on those third-party Web sites. You access and use such sites, including the content, items, or services on those sites, solely at your own risk. Govzilla, Inc. does not make any representations or warranties with respect to any content or privacy practices, or otherwise with respect to such third parties or any items or services that may be obtained from such third parties, and you agree that Govzilla, Inc. will have no liability with respect to any loss or damage of any kind incurred as a result of any dealings between you and any third party or as a result of the presence of such third parties on the Product.

Disclaimer of Warranties With Respect to Product

THE PRODUCT IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. GOVZILLA, INC. EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. GOVZILLA, INC. DOES NOT MAKE ANY WARRANTY THAT THE PRODUCT WILL MEET YOUR REQUIREMENTS, OR THAT ACCESS TO THE PRODUCT WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED. GOVZILLA, INC. MAKES NO WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PRODUCT OR AS TO THE ACCURACY, QUALITY, OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE PRODUCT.

Limitations of Liability

GOVZILLA, INC. ASSUMES NO RESPONSIBILITY FOR ANY CONSEQUENCE RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE CONTENT AVAILABLE VIA THE PRODUCT. YOU MUST EVALUATE, AND BEAR ALL RISKS ASSOCIATED WITH THE USE OF ANY CONTENT, INCLUDING ANY RELIANCE ON THE ACCURACY, COMPLETENESS, OR USEFULNESS OF SUCH CONTENT. YOU SPECIFICALLY ACKNOWLEDGE THAT GOVZILLA, INC. IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF USERS OR THIRD PARTIES. ADDITIONALLY, IN NO EVENT WILL GOVZILLA, INC. BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES, OR ANY OTHER SUCH DAMAGES, HOWSOEVER CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), OR OTHERWISE RESULTING FROM (1) THE USE OF, OR THE INABILITY TO USE, THE PRODUCT OR ANY ITEM PURCHASED AT THE STORE; (2) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES, ITEMS, OR WEB SITES; (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (4) THE STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE PRODUCT; OR (5) ANY OTHER MATTER RELATING TO THE PRODUCT. THESE LIMITATIONS WILL APPLY WHETHER OR NOT GOVZILLA, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

Indemnification

You agree to indemnify and hold harmless GOVZILLA, INC., its directors, officers, employees, agents, and affiliates, from and against any and all liability, damages, losses, claims, expenses of any kind (including, without limitation, reasonable attorneys' fees) directly or indirectly related to (1) your breach of the Agreement; or (2) the Content you submit, post, or transmit through the Product.

Your Account

You are responsible for maintaining the confidentiality of any passwords associated with your Govzilla account, monitor all activity under the account, and assume full responsibility for all activities that occur under your account (unless we cause a security breach).

Modification or Suspension of the Product

Govzilla, Inc. may at any time modify, discontinue, or suspend its operation of this Product, or any part thereof, temporarily or permanently, without notice to you. In the event you or Govzilla choose to terminate the Product subscription before the annual subscription end date, then your charge will be prorated to your length of use.

Termination

The initial term of your Agreement shall be for the term specified in the Order Form or FDAzilla Invoice (the “Initial Term”) commencing on the date signed. At the expiration of the Initial Term, this Agreement will automatically renew for successive one (1) year periods (each a “Renewal Term” and collectively with the Initial Term the “Term”) unless a party provides the other parties with notice of its intent not to renew the Agreement at least thirty (30) days prior to the expiration of the then current term. After termination, you shall no longer access the Product. The provisions of this Agreement which by their intent or meaning intended to survive such termination shall continue to apply indefinitely.

Severability of Agreement

If any provision of the Agreement is found by a court or other binding authority to be invalid, you agree that every attempt shall be made to give effect to the parties' intentions as reflected in that provision, and the remaining provisions contained in the Agreement shall continue in full force and effect.

Applicable Law

This Agreement and the resolution of any dispute related to this Agreement or the Product shall be governed by and construed in accordance with the laws of Illinois without giving effect to any principles of conflicts of law. Any legal action or proceeding between Govzilla, Inc. and you related to the Agreement shall be brought exclusively in a court of competent jurisdiction sitting in the state of Illinois, United States, and you agree to submit to the personal and exclusive jurisdiction of such courts.

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