Terms of Use

Effective Date: June 6th, 2024

Please read these Terms of Use (“Terms”) carefully before accessing or using the United Therapeutics Corporation “PAH Risk Score Calculators” mobile application and related services (the “App”). By accessing or using the App, you agree to be bound by these Terms, which are a legal agreement between United Therapeutics Corporation (“United Therapeutics” or “us” or “we”) and you. If you do not agree to the Terms, do not access or use the Application.

THESE TERMS CONTAIN DISCLAIMERS OF WARRANTIES, DISCLAIMERS OF LIABILITY, AND A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER THAT AFFECT YOUR RIGHTS FOR RESOLVING ANY DISPUTE WITH US, AS WELL AS AN INDEMNIFICATION PROVISION THAT MAKES YOU RESPONSIBLE FOR CERTAIN LOSSES.  PLEASE READ THEM CAREFULLY.

We may change the Terms or modify any features of the App at any time at our sole discretion.  Any changes to the Terms will become effective when we post the revised Terms.  If you continue to use the App after changes are posted you will be deemed to have accepted the change.  If you do not agree to the amended terms, you must stop using the App.

IMPORTANT: IN THE EVENT OF A MEDICAL EMERGENCY, PLEASE CALL EMERGENCY SERVICES IMMEDIATELY. If you need non-emergency medical treatment, please contact your physician directly. The materials and information provided through the App are presented for information purposes only and do not constitute medical advice nor are intended as a substitute for clinical judgment.  Please consult your healthcare provider prior to making any decisions related to your health.

I. PERMISSIBLE USE AND COMPLIANCE WITH LAW

The App is intended for healthcare providers in the United States treating patients with pulmonary arterial hypertension (PAH), to assist in the calculation of risk scores according to the 2022 ESC/ERS Pulmonary Hypertension Guidelines, COMPERA 2.0 4-Risk Strata, French Noninvasive Criteria, REVEAL 2.0, and REVEAL Lite 2 methods.

The App is intended for users who are at least 18 years old.  By accessing or using the App, you represent and warrant that you are least 18 years old and have the legal right and ability to agree to these Terms and that you have read, understood, and agree to the Terms with the intent to be legally bound by them.  You are responsible for compliance with the laws of the jurisdiction where you access the App.

You agree that you will not use the App for any purpose that is unlawful or that is prohibited by these Terms, and that you will comply with all applicable laws and any conditions or restrictions imposed by these Terms.  The App is offered for your personal and non-commercial use only, and you are prohibited from using, and are expressly not granted the right to use, the App for any other purpose.

You further agree that you are solely responsible for your conduct while using the App, and you agree that you will not do any of the following in connection with the App:

• Impersonate or, except as expressly authorized below, use the App on behalf or any person or entity or otherwise misrepresent your affiliation with a person or entity;
• Circumvent or attempt to circumvent any filtering, security measures, or other features the App may from time to time adopt to protect the App, its users or third parties.
• Use any device, software, or routine to interfere or attempt to interfere with the proper working of the App or any activity conducted on the App or attempt to probe, scan, test the vulnerability of, or breach the security of any system or network;
• Attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of the App;
• Transmit or otherwise make available any content that you do not have the right to make available or that violates the privacy, intellectual or other rights of any person;
• Violate any applicable local, state, federal, international law, or unauthorized purpose or engage in, encourage, or promote any illegal activity, or any activity that violates these Terms;
• Engage in any other conduct that restricts or inhibits any person from using or enjoying the App, or that, in our sole judgment, exposes us or any of our users, affiliates, or any other third party to any liability, damages, or detriment of any type.

Violations of system or network security may result in civil or criminal liability.  We may investigate and work with law enforcement authorities to prosecute users who violate the Terms.  We may suspend or terminate your access to the App for any or no reason at any time without notice.

II. YOUR RESPONSIBILITIES

You are solely responsible for maintaining the confidentiality of your information and for restricting access to your devices. You accept responsibility for all activities that occur under your account or from your devices.

You consent to transact with each of us electronically and receive legal notices and other communications electronically, either by e-mail, text messaging, push notifications (in accordance with your device settings), or by notices posted on the App. You agree that any requirement that a communication be sent to you in writing is satisfied by such electronic communication and that you are responsible for maintaining an Internet browser, mobile device or computing equipment capable of accessing the App

III. THIRD PARTY CONTENT

The App may contain third-party content and links to third-party websites (“Linked Sites”).  United Therapeutics does not endorse, sponsor, recommend, or otherwise accept responsibility for any Linked Sites.  In addition, Linked Sites are not under the control of United Therapeutics, and United Therapeutics is not responsible for the content or privacy practices of the Linked Sites.

IV. INTELLECTUAL PROPERTY

Copyright. As between you and us, we own the App (including, but not limited to all text, graphics, artwork, layout, interface, logos, links, photographs, audio files, video, still images, and other content or material provided in or through use of the app) and all worldwide intellectual property rights in the foregoing.  All services provided by the App, including, but not limited to, podcasts and content from third-party sites are protected, to the full extent permitted, under the United States Copyright Act and all international copyright laws. We grant you a limited, personal, revocable, non-transferable, non-sublicensable, and non-exclusive right and license to access and use the App and the services provided by the App for your personal and non-commercial use and for its intended use only. We may notify you, by notice within the App or otherwise, that the App contains materials governed by the license of a third party, and you agree to abide by the terms and conditions of the same. Unless expressly permitted by an authorized person in writing, or as permitted by applicable law or permitted herein, you may not, or enable any other person to, rent, lease, lend, sell, redistribute, sublicense, copy, reverse engineer, decompile, translate, modify, publish, use as a service bureau, lease, sublicense, distribute copies of, adapt, create derivative works based on, or otherwise use the app without our written consent.

Trademarks and Service Marks. All rights in the product names, company names, trade names, logos, service marks, trade dress, slogans, product packaging, and designs used on the App (collectively, “Marks”), whether or not appearing with a trademark registration or other symbol, belong exclusively to United Therapeutics or any of its third-party licensors, and are protected from any unauthorized use under the trademark laws of the United States and other countries.  The use of any of these Marks is expressly prohibited, and nothing stated or implied on the App confers on you any license or right with respect to any trademark or other intellectual property right of United Therapeutics or any third party.

We, in our sole discretion, may make available updates, upgrades, and/or future versions of or to the App, and such updates, upgrades and/or future versions may not include all previous or existing features, functionality or components of the App.  These Terms will govern the use of such updates, upgrades and future versions.

V. REPRESENTATIONS

Each party to these Terms represents and warrants that it has the full right and power to enter into these Terms and that its performance under these Terms will comply with all applicable laws.  As between United Therapeutics and you, you remain solely responsible for any content that you upload, post, or use in connection with the App.  You represent and warrant that you have obtained any and all necessary rights, have provided all necessary notices, have obtained all necessary permissions or consents, and have authority under state and federal law to agree to these Terms, to use the App, and to authorize United Therapeutics to access, receive, use, store, disclose, or otherwise process information as permitted under these Terms.

VI. WARRANTIES AND DISCLAIMERS

YOUR USE OF THE APP, THE MATERIALS CONTAINED THEREIN AND THE SERVICES PROVIDED ON OR IN CONNECTION THEREWITH IS ENTIRELY AT YOUR OWN RISK.  WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE APP OR ANY OTHER SERVICES.  THE APP AND ANY SERVICES ARE PROVIDED “AS IS,” “WITH ALL FAULTS,” AND “AS AVAILABLE.” TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; OR WARRANTIES ARISING THROUGH COURSE OF DEALING OR USAGE IN TRADE; AND WARRANTIES RELATING TO THE ACCURACY, RELIABILITY, CORRECTNESS, OR COMPLETENESS OF DATA OR CONTENT MADE AVAILABLE ON THE APP OR OTHERWISE BY UNITED THERAPEUTICS.

THERE IS NO WARRANTY THAT THE APP OR SERVICES PROVIDED WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON OR THE NEEDS OR REQUIREMENTS SET FORTH IN ANY DOCUMENTATION.  WE MAKE NO WARRANTIES, EXPRESS, STATUTORY OR IMPLIED THAT THE APP OR SERVICES WILL BE TIMELY, SECURE, ACCURATE, ERROR-FREE, COMPLETE, UP-TO-DATE, FREE OF VIRUSES, OR UNINTERRUPTED.

THE APP MAY PROVIDE LINKS OR ACCESS TO THIRD-PARTY WEBSITES AND SERVICES, AND WE ARE NOT RESPONSIBLE FOR ANY CONTENT, PRACTICE, OR STANDARD OF ANY SUCH WEBSITE OR SERVICE.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM EITHER OF US OR THROUGH OR FROM THE APP SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

The App is not intended to be used in place of professional or medical advice, judgment, diagnosis, or treatment.  The App does not constitute or create a doctor-patient, therapist-patient or other healthcare professional relationship between United Therapeutics and any person.

IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED OR STATUTORY WARRANTIES, OR THE EXPRESSED AGREEMENTS TO APPLY TO YOU, THE ABOVE EXCLUSIONS AND AGREEMENTS WILL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

VII. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAW, IN NO EVENT WILL WE, OR OUR SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND ASSIGNS BE LIABLE FOR ANY DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, LOST PROFITS, OR OTHER DAMAGES WHATSOEVER ARISING IN CONNECTION WITH THE USE OF THE app, ANY INTERRUPTION IN AVAILABILITY OF THE app, DELAY IN OPERATION OR TRANSMISSION, COMPUTER or device VIRUS, LOSS OF DATA, OR USE, MISUSE, RELIANCE, REVIEW, MANIPULATION, OR OTHER UTILIZATION IN ANY MANNER WHATSOEVER OF THE SERVICES OR THE DATA COLLECTED THROUGH THE SERVICES, EVEN IF ONE OR MORE OF US OR THEM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS.  WITHOUT LIMITING THE FOREGOING SENTENCE, IN NO EVENT WILL OUR OR OUR SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND ASSIGNS’ AGGREGATE LIABILITY FOR ANY CLAIM ARISING OUT OF OR CONNECTED WITH THE SERVICES EXCEED THE GREATER OF $100 OR THE AMOUNT THAT YOU PAID US TO ACCESS THE SERVICES.

BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, UNITED THERAPEUTICS’ LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

VIII. INDEMNIFICATION

You agree to indemnify, defend and hold us and our assigns harmless from and against any and all loss, costs, expenses (including reasonable attorneys’ fees and expenses), claims, damages and liabilities related to or associated with your use of the app and any alleged violation by you of these Terms.  We reserve the right to assume the exclusive defense of any claim for which We are entitled to indemnification under this section.  In such event, you shall provide us with such cooperation as we reasonably request.

IX. GOVERNING LAW; MANDATORY ARBITRATION OBLIGATION

PLEASE READ THIS SECTION CAREFULLY BECAUSE IT AFFECTS YOUR RIGHTS.  BY AGREEING TO MANDATORY, BINDING ARBITRATION, YOU WAIVE YOUR RIGHT TO LITIGATE DISPUTES THROUGH A COURT AND TO HAVE A JUDGE OR JURY DECIDE YOUR CASE.  THIS SECTION ALSO INCLUDES A CLASS ACTION WAIVER.

Except as otherwise required by applicable law, these Terms shall be governed by, and construed in accordance with, the laws of the United States and the State of Maryland, without regards to the conflicts of law principles thereof. If any clause or provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such clause or provision shall not affect the validity of the remaining clauses or provisions of these Terms, including but not limited to the class action waiver.  You expressly agree that if you dispute the validity or enforceability of the individual arbitration provision and/or class action waiver in these Terms, you shall bring such dispute in the courts of the State of Maryland, and you expressly consent and agree to submit to the exclusive personal jurisdiction and venue of such courts. You further agree to accept service of process by mail.

All claims arising in connection with your use of the App should be reported and brought to our attention as soon as possible in a written statement that sets forth the name, address, and contact information of the party giving it, the facts giving rise to the Dispute, and a proposed solution delivered to legal@unither.com. To the maximum extent permitted by law, you permanently and irrevocably waive your rights to bring any claim in connection with your use of the App unless you bring it within one (1) year of the date of the event giving rise to such claim.

EXCEPT FOR DISPUTES THAT QUALIFY TO BE HEARD IN SMALL CLAIMS COURT, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL DISPUTES ARISING OUT OF OR RELATED TO THESE TERMS OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU AND UNITED THERAPEUTICS WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION, OR ANY OTHER THEORY, WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY.

YOU AGREE THAT UNITED THERAPEUTICS AND YOU ARE EACH WAIVING THE RIGHT TO TRIAL BY A JURY.  YOU FURTHER AGREE THAT ANY ARBITRATION WILL TAKE PLACE ON AN INDIVIDUAL BASIS ONLY AND THAT CLASS ARBITRATIONS, CLASS ACTIONS AND OTHER REPRESENTATIVE ACTIONS ARE NOT PERMITTED.  YOU HEREBY AGREE TO GIVE UP THE ABILITY TO BRING OR PARTICIPATE IN A CLASS ACTION OR OTHER REPRESENTATIVE ACTION IN COURT OR ARBITRATION.

The arbitration will be administered by the American Arbitration Association (the “AAA”) under the Consumer Arbitration Rules (the “Rules”) (available from the AAA at www.adr.org), as amended by these Terms.  The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate.  Any in-person appearances will be held at a location that is reasonably convenient to the parties with due consideration of their ability to travel and other pertinent circumstances.  If the parties are unable to agree on a location, such determination will be made by the AAA or by the arbitrator.  If you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, we will, to the extent required to make this Section IX enforceable, pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive.  The arbitrator will be bound by these Terms, when not in conflict with applicable law, and the arbitrator’s decision will be binding and final, subject only to limited right of judicial review provided under the Federal Arbitration Act.  The arbitrator will have authority to award temporary, interim or permanent injunctive relief or relief providing for specific performance of these Terms, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator.  If the arbitrator decides that either the substance of your claim or the remedy you asked for is frivolous or brought for an improper purpose, we may use the applicable Rules to determine whether you are responsible for the filing, administrative and arbitrator fees.  The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof.  Notwithstanding any of the foregoing, nothing in these Terms will preclude you from bringing issues to the attention of federal, state or local government agencies or from seeking public injunctive relief in court where that right cannot be waived under applicable state law.

Whoever files the arbitration pays the initial filing fee. If we file, we pay; if you file, you pay unless you get a fee waiver under the applicable arbitration rules. If you paid the initial filing fee and you prevail, we will reimburse you for that fee. If there is a hearing, we will pay any fees of the arbitrator and arbitration firm for the first day of that hearing. All other fees will be allocated as provided by the rules of the arbitration firm and applicable law. In no event will you be required to reimburse us for any arbitration filing, administrative, or hearing fees in an amount greater than what your court costs would have been if the Dispute had been resolved in a court with jurisdiction. Each party will bear the expense of that party’s attorneys, experts, and witnesses, and other expenses, regardless of which party prevails, but a party may recover any or all expenses from another party if the arbitrator, applying applicable law, so determines.

X. ADDITIONAL TERMS FOR APPLE’S APP STORE

In addition to the other terms set forth herein, the provisions of this section also apply to you if you obtained the App from Apple’s App Store. These additional terms should not be read to limit any other provision of these Terms and should not be interpreted to affect the meaning of the other provisions of these Terms.  You acknowledge that these Terms are between you and us only, not with Apple, and Apple is not responsible for the App or the services provided through the App. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App. In the event of any failure of the App to conform to any applicable warranty, then you may notify Apple and Apple may refund any applicable purchase price to you; but, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App. Apple is not responsible for addressing any claims by you or any third party relating to the App or your possession and/or use of the App. Apple is not responsible for the investigation, defense, settlement and discharge of any third-party claim that the App and/or your possession and use of the App infringe any third party’s intellectual property rights. You may access and use the App only on Apple-branded products that you own or control and as permitted by the usage rules set forth in the App Store Terms of Service. Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary of these Terms.

XI. MISCELLANEOUS

Entire Agreement. Unless otherwise specified herein, the Terms constitute the entire agreement between you and United Therapeutics and govern your use of the App. If any portion of the Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect.

Termination. United Therapeutics may terminate this agreement for any reason at any time. United Therapeutics reserves the right, in its sole discretion, to restrict, suspend, or terminate your access to and use of the App, with or without prior notice. Otherwise applicable sections of the Terms shall survive termination. In addition to any termination rights, we reserve the right to enforce and prosecute any violations of these Terms.

No Third Party Beneficiaries. Except as otherwise expressly provided in these Terms, there shall be no third party beneficiaries to these Terms. Neither party will make any commitment, by contract or otherwise, binding upon the other party or represent that it has any authority to do so. 

Assignment. You must not assign these Terms or any rights or obligations herein without the prior written consent of United Therapeutics and any attempted assignment in contravention of this provision is null and void and of no force or effect. United Therapeutics has the right to assign these Terms, and any of its rights or obligations herein.  These Terms are binding upon each party and its respective successors, heirs, trustees, administrators, executors and permitted assigns.

No Waiver. The failure of United Therapeutics to enforce any provisions of the Terms or to respond to a breach by you or other parties shall not in any way waive its rights to enforce subsequently any terms or conditions of the Terms or to act with respect with similar breaches. Nothing contained in these Terms is in derogation of our right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the App or information provided to or gathered by us with respect to such use.

Contact Information. Please direct any questions, complaints, or claims related to the App to legal@unither.com.