The following Terms of Use contain the
complete terms and conditions that apply to an individual's or entity's use
of Prescript Pharmaceuticals Inc. site. As used in this Agreement, "We," "Us" or "Our"
refers to Prescript Pharmaceuticals Inc., and "You" or
"Your" refers to the user. "Site" means any Prescript Pharmaceuticals Inc. site posted on
the World Wide Web.
1. ACCEPTANCE OF TERMS AND CONDITIONS
Use of Our
Site constitutes Your acceptance of these terms and conditions and Your waiver
of any and all claims against Prescript Pharmaceuticals Inc., its
parents, subsidiaries, affiliates, contractors, agents, officers, directors or
employees arising out of Your use of Our Site or any materials, information,
opinions or recommendations contained on Our Site.
2. MODIFICATION
We may modify any of the terms and conditions in these Terms of Use, at any
time and in Our sole discretion, by posting a change notice or a new user
agreement on Our Site. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY
RECOURSE IS TO TERMINATE YOUR USE OF OUR SITE. YOUR CONTINUED USE OF OUR SITE
FOLLOWING OUR POSTING OF A CHANGE NOTICE OR NEW TERMS OF USE CONSTITUTES BINDING
ACCEPTANCE OF THE CHANGE.
3. COPYRIGHT
3.1 Use.
All content
included on Our Site, such as text, graphics, logos, button icons, images, audio
clips and software, is Our property or that of Our content suppliers and is
protected by U.S. and international copyright laws. The compilation (meaning the
collection, arrangement and assembly) of all content on Our Site is Our property
protected by U.S. and international copyright laws. All software used on Our
Site is Our property or that of Our software suppliers and is protected by U.S.
and international copyright laws. You may electronically copy and print in hard
copy portions of Our Site for the limited purpose of placing an order with Us or
using it as a shopping resource. Any other use-including reproduction for
purposes other than those noted above, modification, distribution, transmission,
republication, display or performance-of the content on a Site without Our prior
written permission is strictly prohibited.
3.2 Penalty.
Unauthorized
copying of the software, or failure to comply with the above restrictions, may
result in severe civil and criminal penalties. Unauthorized duplication of the
software constitutes copyright infringement and, in the United States, is
punishable in a federal criminal action by a fine of up to U.S.$250,000 and
imprisonment for up to five (5) years. In addition, federal civil penalties
allow the recovery of actual damages based on the number of copies produced plus
the profits of the infringer, or statutory damages of up to U.S.$100,000 for
willful copyright infringement.
4. DISCLAIMER
WE PROVIDE OUR SITE ON
AN "AS IS" AND "AS AVAILABLE" BASIS. WE MAKE NO EXPRESS OR IMPLIED WARRANTIES
WITH RESPECT TO THE OPERATION OF OUR SITE OR THE INFORMATION, CONTENT, SOFTWARE
OR MATERIALS AVAILABLE ON OUR SITE (INCLUDING, WITHOUT LIMITATION, WARRANTIES OF
FITNESS, MERCHANTABILITY, NONINFRINGEMENT, OR ANY IMPLIED WARRANTIES ARISING OUT
OF COURSE OF PERFORMANCE, DEALING OR TRADE USAGE). IN ADDITION, WE MAKE NO
REPRESENTATION THAT THE OPERATION OF OUR SITE WILL BE UNINTERRUPTED OR
ERROR-FREE, AND WE WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTION
OR ERRORS. FURTHER, WE TAKE NO RESPONSIBILITY FOR THE CONTENT OF ANY LINKS
PROVIDED THROUGH OUR SITE OR FOR THE SITES OF OTHERS THAT LINK TO OUR SITE.
5. CONFIDENTIAL INFORMATION
We do not accept or consider unsolicited
material, product suggestions or original or creative ideas (collectively,
"Materials") submitted through Our Site. If despite this policy you submit any
such Materials, We will deem it Our property. We will not treat the Materials as
confidential, and We will not be liable for any use or disclosure of such
Materials. Without limitation, We will own the exclusive rights to the Materials
and will be entitled to unrestricted use of the Materials for any purpose,
commercial or otherwise, without compensation to the submitter of such
Materials.
6. LIMITATION OF LIABILITY
WE WILL NOT BE LIABLE FOR ANY
INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES (OR ANY LOSS OF REVENUE, PROFITS OR
DATA) OF ANY KIND ARISING IN CONNECTION WITH THE USE OF OUR SITE, EVEN IF WE
HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, OUR AGGREGATE
LIABILITY ARISING WITH RESPECT TO THIS AGREEMENT WILL NOT EXCEED THE AMOUNT PAID
US BY YOU IF ANY, FOR ACCESSING OUR SITE.
7. INDEMNIFICATION
You
will defend and hold harmless Prescript Pharmaceuticals Inc., its parents,
subsidiaries, affiliates, contractors, agent, officers, directors and employees
against all claims, losses, damages, liabilities, costs and expenses (including
reasonable attorneys' fees and costs) made due to or arising out of a violation
of these Terms of Use or Your use of this Site, including, without limitation,
any claim arising out of unauthorized links to Our Site.
8 MISCELLANEOUS
8.1 Nonwaiver. If We fail to insist upon or enforce strict performance
of any provision or right under the terms and conditions of these Terms of Use,
it will not be construed as a waiver of any provision or right; rather, the same
will be and remain in full force and effect.
8.2 Choice of Law. These
Terms of Use will be interpreted, construed and enforced in all respects in
accordance with the laws of the State of Washington to the exclusion of any
other law which may be imputed in accordance with choice of law rules applicable
in any jurisdiction. The 1980 U.N. Convention on Contracts for the International
Sale of Goods or any successor thereto does not apply to these Terms of Use. For
any suit or claim pertaining to these Terms of Use or any information furnished
hereunder, You irrevocably consent to the jurisdiction and venue of any state or
federal court sitting in Alameda County, California, USA, and You will not commence
an action or proceeding relating to the subject matter of these Terms of Use in
any other jurisdiction.
8.3 English Language Governs. It is the
express wish of the parties that these Terms of Use be drawn up in English.
C'est la volonté explicite des parties que ces termes d'usage soient rédiger en
anglais.
8.4 Independent Contractor. These Terms of Use will not be
interpreted or construed to create or evidence a partnership, joint venture or
franchise relationship among the parties or as imposing any partnership or
franchiser obligation or liability on either party.
8.5 Compliance With
Laws. You will comply at Your own expense with all statutes, regulations, rules,
ordinances and orders of any governmental body, department or agency that apply
to or result from Your use of Our Site.
8.6. Severability. If any
provision of these Terms of Use will be unlawful, void or for any reason
unenforceable, then that provision will be deemed severable from and will not
affect the validity and enforceability of any remaining provisions.
Prescript Pharmaceuticals Inc.
39 California Ave
Pleasanton, CA, 94566
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