PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE.

SECTION 1 – GENERAL DISCLAIMERS

1.1 Agreement between user and EpiPenIns. Welcome to EpiPenIns. This website is owned, operated and offered to You exclusively by EpiPenIns. Throughout our legal agreements we will herein be referred to as “EpiPenIns” and the term user which includes both users browsing this website and availing our services will be herein referred to as “You”. Please note that our Service Marks are enforceable.
1.2 You agree to be bound. By using the EpiPenIns website, You agree to comply and be bound by our Terms of Use, Privacy Policy and all other applicable laws and regulations. If You do not agree to these Terms of Use, please do not use the EpiPenIns website or services. While we do our best to provide optimal services You agree that You have carefully read and understood the warranty clause explained in section 7 below.
1.3 Assumption of risk. You are using this site at your own risk. EpiPenIns is not responsible for any loss, injury, claim, liability, or damage related to your use of our website or services.
1.4 Not an insurance company. EpiPenIns is not an insurance company, and EpiPenIns’s employees are not acting as underwriters. EpiPenIns is a replacement or reimbursement service - not a legal binding insurance company.
1.5 What we provide. Our services are targeted exclusively for EpiPen replacement purposes, on commonly issues of using an EpiPen. We do not cover any loss. EpiPenIns is not responsible for the use or interpretation of information or replacement we offer and expressly disclaim all liability for any actions You take or do not take.
1.6 What we do not provide. We do not provide medical advice; draw medical conclusions; explain or recommend medical practice nor guarantee a positive application of products supplied.
1.7 Non-reliance. You should not act or decline to act, based on service and information we provide without first consulting a local, licensed doctor.
1.8 No doctor -client privilege. Using EpiPenIns does not create a doctor-client relationship-this means communications between You and EpiPenIns are protected by our Privacy Policy but not by the doctor-client privilege or work-product doctrine. EpiPenIns reserves the right to refuse service for any reason.
1.9 Changes to the Terms of Use EpiPenIns reserves the right in its sole discretion to change the Terms of Use at anytime without notice to You. The most current version of the Terms of Use will supersede all previous versions. It is your responsibility to review these Terms of Use periodically to stay informed of our updates.
1.10 At least 18 years of Age. You agree that You are at least 18 years of age and that You are legally able to enter into a binding legal contract.
1.11 International Users EpiPenIns is operated and administered from our office based in Spain. If You access our services from a location outside the EU, You are responsible for compliance with all local laws. You agree that You will not use our website or services in any manner prohibited by any applicable laws, restrictions or regulations.

SECTION 2 – FEES AND PAYMENTS

2.1 Changes to Plans and prices EpiPenIns reserves the right to periodically offer different plans, subscription terms, and rates.
2.2 Refunds and Cancellation Unless You notify EpiPenIns that you wish to cancel your order prior to the renewal of any membership plans for which You have paid has begun, no refund will be issued. If EpiPenIns is unable to fulfill its service due to infeasibility based on these Terms of Use or in its sole discretion, EpiPenIns will refund the amount paid, but will not be liable or responsible for paying any additional amounts. Claims will NOT be processed for unregistered products, in particular - no claims will be processed or paid out if a membership has been canceled, is suspended or pending due to non-payment.

SECTION 3 – OWNERSHIP/ INTELLECTUAL PROPERTY

3.1 Ownership rights/ Intellectual Property to the website This website is owned and operated by EpiPenIns. All right, title and interest in and to the website materials, including, but not limited to, information, documents, logos, graphics, sounds and images, are owned by EpiPenIns. Nothing on this website should be construed to confer any license of EpiPenIns’s intellectual property. EpiPenIns reserves all rights to its owned content, website materials, and intellectual property. EpiPenIns is using ℠ as a legitimate Service Mark – At the federal level, service mark infringement is governed by thelanham trademark act of 1946 (15 U.S.C.A. § 1051 et. seq.).
3.2 Ownership rights/Intellectual Property to the end product. You submit to EpiPenIns may be used by us to build our Comparison Database, for research and development, and for testing purposes, all of which help us better serve You. However, any and all personal and confidential information will be removed and redacted from the document(s) prior to its use. The document(s) will only be used internally and will never be provided to third parties, released, or published at any time without your consent, unless compelled by law.

SECTION 4 – LINKS TO THIRD PARTY SITES

4.1 No responsibility for third party links. Our website and communications may contain links to third-party websites. We are not responsible for, and do not endorse or accept any responsibility for, the availability, contents, products, services or use of such third-party websites.
4.2 You assume the risk. You expressly accept and understand to bear all risks when accessing third-party links or content and You agree not to hold EpiPenIns liable for any loss or damage suffered as a result of any dealings with any third party.

SECTION 5 – DISPUTE RESOLUTION BY BINDING ARBITRATION. THIS BINDING ARBITRATION PROVISION AFFECTS YOUR LEGAL RIGHTS AND MAY BE ENFORCED BY THE PARTIES.

5.1 Customer concerns. Most customer concerns can be resolved quickly and to the customer’s satisfaction by emailing our Customer Service Department.
5.2 Arbitration. If, in the unlikely event EpiPenIns is unable to resolve your complaint to your satisfaction then You and EpiPenIns expressly agree to resolve the dispute through binding arbitration or in small claims court, rather than in a court of general jurisdiction. Both parties agree to waive any rights to a jury trial.
5.3 Arbitration governing body. The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”).
5.4 Arbitrator bound by these Terms of Use. The arbitrator is bound by the terms of this agreement. All issues are for the arbitrator to decide, except those relating to the scope and enforceability of section 5,which is for the court to decide.
5.5 Details of the arbitration. Unless EpiPenIns and You agree otherwise, any arbitration hearings will take place in Delaware, USA. If your claim is for $10,000 or less, You may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator; through a telephonic hearing; or by an in-person hearing, as established by the AAA Rules. If your claim exceeds $1,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator will issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award will be based. In addition, if You initiate an arbitration in which You seek more than $5,000 in damages, the payment of these fees will be governed by the AAA rules.
5.6 Time period for repayment of fees and expenses ruling. The arbitrator can make rulings and resolve disputes as to the payment and reimbursement of fees and expenses at any time during the proceeding, and upon request from either party made within fourteen (14) days of the arbitrator’s ruling, based on the merits.
5.7 Declaratory or injunctive relief may be awarded. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.
5.8 No class actions/ lawsuits. YOU AND EpiPenIns EXPRESSLY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
5.9 No consolidation of claims. Unless both You and EpiPenIns agree otherwise, the arbitrator cannot consolidate more than one person’s claims, and cannot otherwise preside over any form of a representative or class proceeding. If this section is found to be unenforceable, then the entire section 5 will be deemed null and void.

SECTION 6 – ADDITIONAL TERMS

6.1 Conflict of Interest. EpiPenIns holds integral the canons of ethics in order to ensure an impartial review delivered by a client. In order to protect the reputation of both our organization and that of our suppliers, we will not accept the review of the counter party’s which holds interests adverse to those of our client.
6.2 Security. EpiPenIns cannot make an absolute guarantee of our system security, but EpiPenIns does take reasonable, substantial steps to secure our website and client information. Please contact us immediately if You suspect our security has been breached.
6.3 Right to prevent security threats. If EpiPenIns’s technical staff finds that a user’s data threatens the EpiPenIns security or business operations then EpiPenIns reserves the right to delete such data and refuse such user access to the EpiPenIns website and services. In such cases, EpiPenIns will contact the member as soon as it is feasible.
6.4 Right to refuse service. EpiPenIns reserves the right to refuse service to anyone and to cancel user access at any time.
6.5 Children. Minors are not eligible to use our website. Minors should not submit personal information to us; if they do, we will promptly delete it.
6.6 Liveability. In case any provision of these Terms of Use is held invalid, illegal, or unenforceable, such provision will be severed from these Terms of Use. The validity, legality, and enforceability of the remaining provisions will not be affected or impaired in any way.

SECTION 7 – NO WARRANTY

7.1 No warranty for claims submitted. ANY CLAIMS AND MATERIALS REVIEWED AND RETURNED TO YOU OR OTHER CLIENTS ARE PROVIDED WITH NO WARRANTY. TO THE FULLEST EXTENT PERMITTED BY LAW, EpiPenIns EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
7.2 Additional warranty disclaimers. EpiPenIns MAKES NO WARRANTY: (A) THE WEBSITE OR THE END PRODUCT WILL MEET YOUR REQUIREMENTS; (B) THE END PRODUCT WILL BE ERROR-FREE; (C) THE WEBSITE WILL BE AVAILABLE ON AN ERROR-FREE, UNINTERRUPTED, TIMELY, AND SECURE BASIS; (D) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE OR END PRODUCTS WILL BE ACCURATE OR RELIABLE; OR (E) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE WEBSITE WILL MEET YOUR EXPECTATIONS.
7.3 Assumption of risk for documents obtained. YOU UPLOAD OR OBTAIN ANY END PRODUCT FROM THE EpiPenIns WEBSITE AT YOUR OWN RISK AND DISCRETION. EpiPenIns WILL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER OR LOSS OF DATA RESULTING FROM ANY CONTENT OR DOCUMENT UPLOAD OR DOWNLOAD.

SECTION 8 – LIMITATION OF LIABILITY AND INDEMNIFICATION

8.1 Paragraph survives. THIS PARAGRAPH WILL SURVIVE TERMINATION OF THIS AGREEMENT.
8.2 Indemnity. YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS EpiPenIns AND ITS AFFILIATES, PARTNERS, AGENTS, EMPLOYEES, OWNERS, OFFICERS, DIRECTORS, OTHER REPRESENTATIVES, SUCCESSORS, AND ASSIGNS (COLLECTIVELY “EpiPenIns’s PARTIES”) FROM AND AGAINST ANY LOSSES, LIABILITIES, DAMAGES, CLAIMS, DEMANDS, SUITS, AND JUDGMENTS ARISING OUT OF OR RELATED TO YOUR BREACH OR ALLEGED BREACH OF THESE TERMS OF USE
8.3 Limitation of Liability. IN NO EVENT WILL EpiPenIns PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR OTHER DAMAGES (INCLUDING LOSS OF PROFITS, SOLICITOR’S FEES AND ALL RELATED COSTS AND EXPENSES OF LITIGATION AND ARBITRATION, OR AT TRIAL OR ON APPEAL), EVEN IF THE EpiPenIns’s PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
8.4 Limitations of liability if found liable. IN NO EVENT WILL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED THE AMOUNT PAID FOR THE PRODUCTS OR SERVICES.
8.5 Claims covered. SECTION 8 APPLIES TO ALL LEGAL MATTERS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION A) ANY CLAIM FOR PERSONAL INJURY OR PROPERTY DAMAGE, ARISING FROM THIS AGREEMENT, B) THE USE OF EpiPenIns’s SERVICES, C) AS A RESULT OF ANY BREACH OF THIS AGREEMENT BY YOU, OR D) ANY VIOLATION BY YOU OF ANY GOVERNMENT, OR LOCAL LAWS, STATUTES, RULES, OR REGULATIONS, EVEN IF EpiPenIns HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

SECTION 9 – COMPLIANCE WITH INTELLECTUAL PROPERTY LAWS

9.1 Agreement to follow the law. When utilizing EpiPenIns services, You agree to comply with all intellectual property and trademark laws.
9.2 Responsibility for legal violations. You are solely responsible for violations of any relevant laws and any infringements of any third party rights.
9.3 Termination of service. EpiPenIns retains the right to suspend or terminate a user’s access to the website or EpiPenIns services if the user has infringed the rights of a third party or EpiPenIns, or if the user has violated any intellectual property or trademark laws.

SECTION 10 – INAPPROPRIATE OR ILLEGAL CONTENT

10.1 No illegal or inappropriate membership. EpiPenIns reserves the right not to accept memberships that are illegal or inappropriate, as determined inEpiPenIns sole discretion.
10.2 No illegal or inappropriate use of services. You agree not to use the EpiPenIns website for any purpose that is unlawful, prohibited by these Terms of Use or anything which is deemed inappropriate by EpiPenIns in its sole discretion.
10.3 Cooperation with law enforcement. EpiPenIns will cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms of Use or of any applicable laws.

SECTION 11 – GOVERNING LAW

11.1 Governing Law and Exclusive Venue. This Agreement is governed and construed in accordance with, the laws of Delaware without giving effect to the principles of conflict of laws. If any proceeding should arise out of this Terms of Use or our services, You agree to submit to the exclusive jurisdiction of the courts located in Lewes, Delaware, USA. No sales or monetary transactions are carried out in the USA. You understand and acknowledge that the address on this website is used for marketing and demonstration purposes only.

SECTION 12 – General

 12.1 General No payments will be made until all requests relating to a claim by EpiPenIns are fulfilled. In particular, prove of a used, registered EpiPen® - a photo with a visible serial number is confirmed. A receipt (original) of the purchase towards the replacement EpiPen®, complimenting the photo as per 12.1.1 Only registered EpiPen® products are legible for financial compensation or reimbursement. None registered EpiPen® products will not qualify for reimbursement, compensation or replacement.

 

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