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1. General

These terms of use (hereinafter, “Terms of Use“) regulates the use of www.bluesaway.com (hereinafter, the “Website”), owned by Insud Pharma, S.L. and managed by Exeltis USA Inc, (“Exeltis”), company incorporated under American law with Fiscal Identification Number 22-1942453 and located in 180 Park Avenue, Suite 101 Florham Park NJ 07932, United States. Exeltis, part of Exeltis Pharmaceuticals Holding, S.L., and all its subsidiaries, are part of the Insud Pharma group (“Insud Pharma Group“).

Exeltis welcomes you and strongly recommends carefully reading the following Terms of Use which explain the conditions that will be applicable to your navigation through the Website in accordance with the provisions of the applicable federal and state regulations of United States. Exeltis may modify these Terms of Use in the future; therefore, we recommend you review periodically this agreement in order to be properly informed on the changes.

With the purpose of making the Website as transparent, plain and simple as possible, you (hereinafter, the “User”) will be able to send any question or request related to the Terms of Use by contacting Exeltis by email, sending your request to info@bluesaway.com or to Insud Pharma Group’s Data Protection Officer at dataprotection@insudpharma.com.

Through the Website, Exeltis wishes to provide the public with information on aspects related to the company’s corporate purpose. Our aim is to ensure that the information is disseminated as quickly as possible, guaranteeing its veracity and accuracy.

2. Object

Exeltis provides the contents and the services available on the Website which will be governed by these Terms of Use and the Cookies and Privacy Policy.

Access or use of the Website confers you the condition of User, this means your full acceptance of these Terms of Use which will be available on the Website. Exeltis reserves the right, at their sole discretion, to modify or replace this Terms of Use at any moment. It will be responsibility of the User to read carefully these Terms of Use each time he visits the Website, if the User disagrees with any of these Terms of Use, he must refrain from using the Website.

Under no circumstances is the object of the Website to invite, advise, recommend, or suggest health decisions or actions to Users. Thus, Users who decide to access this Website, access to third party links, provide information and/or make medical decisions, do so on their own initiative and responsibility.

3. Access and use of the website

The User is aware and expressly and voluntarily accepts that using the Website will be at his own risk and responsibility. In general, Users may access the Website freely and free of charge.

When using the Website, the User is fully committed to avoid any behaviour that could harm Exeltis or third parties’ reputation, interests, rights or use the Website in a way that causes or is likely to cause any damage or an interruption in the normal use of the Website.

Exeltis adopts reasonably adequate security measures to detect the existence of a virus. However, the User must be aware that the security measures of computer systems on the Internet are not entirely reliable and that, therefore, Exeltis cannot guarantee the inexistence of a virus or other elements that may cause alterations in the User’s computer systems (software and hardware) or in their electronic documents and files contained therein.

4. Website content

Exeltis offers the User the following possibilities:

  • Learn more about postpartum and women’s health.
  • Access to detailed information in relation to Blues Away® shakes.
  • Access to testimonials, confessions, and real mom’s experience after using Blues Away®
  • Register as a healthcare professional and access to specific functionalities.
  • Contact to our professional nurses for helpful information with regard to Blues Away®.
  • Contact Exeltis through the contact means made available on the Website;
  • Know the conditions of the Website through the “Privacy Policy”, “Cookies Policy” and these “Terms of Use”.

5. Privacy and Cookies policy

In accordance with the provisions of the U.S. Federal and State laws and the General European Data Protection Regulation 2016/679, Exeltis informs you on the existence of automated and non-automated files owned by Exeltis where data collected through the Website is stored. For more information, please read our Privacy Policy and Cookies Policy.

6. Intellectual property

The User acknowledges and accepts that all the contents displayed on the Website and especially, designs, texts, images, logos, icons, buttons, software, trademarks, or any other sign susceptible of industrial use and / or commercial are subject to Intellectual Property rights and all trademarks, or distinctive signs, all rights of industrial and intellectual property, content and/or any other element included in the page, which are the exclusive property of Insud Pharma Group, who has the exclusive right to use them in economic traffic. Therefore, the User agrees to not reproduce copy, distribute, make available or otherwise publicly communicate, transform or modify such content, holding Exeltis and Insud Pharma Group harmless from any claim arising from the breach of such obligations.

In any case the access to the Website implies any type of waiver, transfer, license or total or partial assignment of the mentioned rights, unless expressly stated otherwise. These Terms of Use do not confer on the User any other right of use, alteration, exploitation, reproduction, distribution or public communication of the Website and / or its contents other than those expressly provided herein. Any other use or exploitation of any right will be subject to the prior and express authorization specifically granted for this purpose by Exeltis, Insud Pharma Group or by the third-party owner of the affected rights.

The contents, texts, photographs, designs, logos, images, software, source codes and, in general, any intellectual creation existing on this Website, as well as the site, as a multimedia artistic work, are protected as copyright by Intellectual Property legislation. Insud Pharma Group owns the elements that make up the graphic design of the Website, menus, navigation buttons, HTML code, texts, images, video, textures, graphics, and any other content of the Website or, in any case, they have the corresponding license for the use of said elements.

Likewise, it is forbidden to delete, ignore and / or manipulate the “copyright” as well as the technical protection devices, or any information mechanism that the contents may contain. The User of this Website undertakes to respect the mentioned rights and to avoid any action that could harm them. Exeltis reserves in any case the exercise of any legal actions in defence of its intellectual and industrial property legitimate rights.

7. User’s obligations and responsibilities

The User hereby undertakes to refrain from using the Website for any purpose forbidden by these Terms of Use. The User is responsible and liable for the use of the Website. Furthermore, the User shall comply with any obligation required by the applicable legislation.

The User, in addition, must: (i) have the means and meet the technical requirements that are required to access the Website and make use of the available services through it; and (ii) provide truthful information when filling out the forms contained on the Website with his personal data and keeping them updated at all times, responding at all times to the User’s current situation. The User will be solely responsible for the false or inaccurate statements and the damages caused to Exeltis related to the information provided. The User must also refrain from:

a. Making an unauthorized or fraudulent use of the Website and / or content for illegal purposes or the ones prohibited in these Terms of Use, harmful to the rights and interests of third parties, or in any way that may damage, disable, overload, deteriorate or prevent the normal use of the services, documents, files and all kinds of content stored on any computer;

b. Accessing or attempting to access restricted resources or areas of the Website, without complying with the conditions required for the mentioned access;

c. Causing damage to the physical or logical systems of the Website, its suppliers or third parties;

d. Introducing viruses in the network computer or any other physical or logical system that is likely to cause damage to the physical or logical systems of Exeltis or third parties;

e. Attempting to access, use and/or manipulate Exeltis and other Users data, reproduce, copy, distribute, allow public access through any form of public communication, transform or modify the contents, unless you have the authorisation of the owner of the rights or it is legally permitted;

f. Deleting, hiding or manipulating the information on intellectual or industrial property rights and other data identifying the rights of Exeltis, Insud Pharma Group or third parties incorporated into the contents, as well as technical protection devices or any information mechanism that can be inserted in the contents;

g. Obtaining or attempting to obtain contents using means or procedures other than the ones that have been made available for this purpose or have been expressly indicated on the websites where the contents are or, in general, of those that are commonly used on the Internet because they do not involve a risk of damage or disablement of the Website and / or the contents;

h. The User undertakes to not transmit, disseminate or make available to third parties information, data, content, messages, graphics, drawings, sound and/or image files, photographs, recordings, software and, in general, any kind of material that may:

  • In any way, is contrary or violate the fundamental rights and freedoms recognized by the laws, International Treaties and any other valid and applicable legislation;
  • Induce or promote actions of a criminal nature, slanderous, defamatory, violent or, in general, contrary to the law, morality, generally accepted good practices or public order activities;
  • Induce or promote discriminatory actions, attitudes or feelings based on sex, race, religion, beliefs, age or sexual condition;
  • Gather, make available or allow access to products, elements, messages and / or services of a criminal nature, violent, offensive, harmful, degrading or, in general, contrary to law, morality and generally accepted good practices or public order;
  • Induce or may induce to an unacceptable state of anxiety or fear;
  • Induce or promote to participate in dangerous, risky or harmful practices for health and psychic balance;
  • Is protected by the intellectual or industrial property legislation belonging to Exeltis without having authorized the intended use;
  • It is contrary to honour, personal and familiar privacy or people’ s own image;
  • Constitutes any type of non-consensual advertising;
  • Include any virus or program that prevents the normal use of the Website

8. Limitation of liability

Exeltis shall ensure, except in cases of force majeure, the correct operation of the Website, avoiding technical inconveniences and any other action that may limit and/or partially interrupt the possibilities of use of the Website by Users.

Exeltis does not guarantee the continued access, or the correct viewing, downloading or use of the elements and information contained in any of the sites linked to this Website, which may be prevented, hindered, or interrupted by factors or circumstances beyond its control. Exeltis is not responsible for any decisions that may be taken as a result of access to the content or information offered through such linked sites.

Exeltis may interrupt the service or resolve the relationship with the User immediately if it detects that a use of its Website or any of the services offered on it is contrary to this Terms of use. Exeltis is not responsible for damages, losses, claims or expenses derived from the use of the Website. It shall only be responsible for removing, as soon as possible, the contents that may cause such damages, provided that this is notified. In particular, Exeltis will not be liable for damages that may result from, for example, the following cases:

a. Interferences, interruptions, failures, omissions, telephone breakdowns, delays, blockages or disconnections in the operation of the electronic system, caused by deficiencies, overloads and errors in the telecommunications lines and networks, or any other cause external to the control of Exeltis;

b. Illegitimate intrusions through the use of malicious software of any kind and by any means of communication, such as computer viruses or any other means;

c. Improper or inappropriate abuse of the Website;

d. Security or navigation errors caused by browser malfunctions or the use of non-updated versions of the browser.

e. Exeltis excludes any liability for damages of any kind that may be due to the misuse of the services of free availability and use by Users of the Website. In addition, Exeltis is exonerated from any liability for content and information that may be received as a result of an illicit or incorrect use of these services.

The Website may make accessible to Users technical linking devices (such as, among others, links, banners, buttons), directories and search tools that allow Users to access websites owned and/or managed by third parties (hereinafter, “Linked Sites”). The sole purpose of installing these links, directories and search tools on the Website is to facilitate Users’ search and access to information and content available on the Internet.

Exeltis is not responsible for the content and opinions of third parties posted on its Website or for the information contained on third party websites that can be accessed through links or search engines on the Website, since the function of these is to inform the User about the existence of other sources of information on the subject on the Internet, where he/she can expand the data offered on this Website, and in any case it is not a suggestion, invitation or recommendation about them. Therefore, Exeltis shall not be responsible for the results obtained through these hypertext links.

Exeltis has no obligation to control the use that Users make of the Website and the Content and, indeed, Exeltis does not control the use of the Website and the Content. In particular, it does not guarantee that Users use the Website and the Content in accordance with this Terms of Use, or that they do so in a diligent and prudent manner. Exeltis has no obligation to verify the identity of Users, nor the veracity, validity, completeness and/or authenticity of the data that Users provide about themselves to other Users and, indeed, Exeltis does not verify the identity of the same.

Exeltis excludes any liability for damages of any kind that may be due to the use of the contents by Users or that may be due to the lack of veracity, validity, completeness and/or authenticity of the information that Users provide to other Users about themselves and, in particular, but not exclusively, for damages of any kind that may be due to the impersonation of a third party by a User in any kind of communication made through the Website

9. Indemnity of Exeltis

The User shall protect, indemnify and hold Exeltis harmless from any loss or damage arising from claims, actions or demands of third parties as a result of its use of the Website. In addition, the User shall indemnify Exeltis against any damages arising from the use of “robots”, “spiders”, “crawlers” or similar tools used for the purpose of collecting or extracting data or any other action that imposes an unreasonable burden on the use of the Website.

Access to the services or contents provided through the Website will be made under the exclusive responsibility of the Users. In case of minors or incapacitated persons, the responsibility will correspond to their parents, representatives or legal guardians, who must supervise or take the necessary precautions during their navigation through the Website.

If you negligently or wilfully fail to comply with any of the obligations set forth in these Terms of Use, you will be liable for all damages and losses that may arise for Exeltis related to the breach.

10. Change of control

In the event that Exeltis is acquired by or merged with a third-party entity, Exeltis reserves the right to transfer or assign its contractual position as well as the information collected from the Users as part of such merger, acquisition, sale, or other change of control.

The third entity shall comply with the requirements stated by Exeltis in the Terms of Use and in the Cookies and Privacy Policy.

11. International use of the website and language

The use of the Website by Users from any country other than the United States is entirely at their own responsibility. In this sense, the User is exclusively responsible for ensuring compliance with the laws of the country from which he/she accesses the Website.

Furthermore, Users have the possibility that these conditions have been translated into several languages to ensure that they can be read and understood by all Users who may access the Website. However, Users are aware, and accept, that the original version is in English and that, consequently, in the event of discrepancies or contradictions with the other versions, these versions shall prevail.

12. Changes in the terms of use

We reserve the right, at our sole discretion, to modify or replace these Terms of Use. When this happens, a notice will be included on the Website indicating and informing Users that modifications have been made.

13. Nullity and inefficiency of the clauses

If any clause included in these Terms of Use is declared totally or partially invalid, null and void, such invalidity or nullity will only affect the mentioned provision or the part that is null or ineffective, while the remaining parts of these Terms of Use will continue to apply, considering such provision totally or partially as not included.

14. Governing law and jurisdiction

The relationship between Exeltis and the User will be governed by the provisions of regulation in force and applicable legislation. The parties submit for the resolution of conflicts to the courts and tribunals that may correspond by law.

15. Contact information

The User may contact Exeltis at info@bluesaway.com or contact our data protection officer at the following email address dataprotection@insudpharma.com

* These statements have not been evaluated by the Food and Drug Administration. This product is not intended to diagnose, treat, cure or prevent any disease.