This Terms of Use Agreement (“Agreement”) is a legal agreement between Three Rivers Pharmaceuticals (“we” or “us”) and you, as a user of this web site. By accessing information on the web sites controlled by us (“Sites”), you acknowledge that you have read, understood and agree to comply with the terms and conditions stated within this Agreement.
Special Note to Our Visitors – We are not providing medical or similar professional services or advice through these Sites, and the information set forth herein is not intended to replace medical advice provided by your physician. The information presented on our Sites is not intended to provide medical advice or to provide instructions on the use of our products, and should not be relied upon as the basis of any health-care decision. This information is not intended to replace informed medical advice from your qualified health-care provider regarding any questions or concerns you may have about your health or about the potential beneficial uses and possible adverse effects of any health-care product.
While we make reasonable efforts to ensure the information provided on the Sites is accurate, we make no warranties about the accuracy and reliability of the information, data or content on the Sites. The health information, pharmaceutical updates and other content and information on the Sites is provided for informational purposes only. We shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the Sites. The information contained on these Sites may be compiled from a variety of sources. Neither Three Rivers Pharmaceuticals nor any sources that may provide us with information for these Sites are directly or indirectly responsible for practicing medicine, dispensing medical services, or providing treatments as part of these Sites. In this regard, if you are a consumer you agree to see the advice of a medical doctor or professional prior to acting on any information disseminated by these Sites. These Sites are provided “AS IS” without warranty, express or implied. See the Disclaimer of Warranties Section below for more details.
Proper Use of Sites
You agree that you will use the Sites in compliance with all applicable local, state, national, and international laws, rules and regulations, including any laws regarding the transmission of technical data exported from your country of residence and all United States export control laws. Violation of any of the foregoing may result in immediate termination of this Agreement and may subject you to state and federal penalties and other legal consequences. We reserve the right, but shall have no obligation, to investigate your use of the Sites in order to (a) determine whether a violation of this Agreement has occurred or (b) comply with any applicable law, regulation, legal process or governmental request.
You may not use the Sites in any manner that could damage, disable, overburden, or impair our servers or networks, or interfere with any other party’s use and enjoyment of the Sites. You may not attempt to gain unauthorized access to any services, user accounts, computer systems or networks, through hacking, password mining or any other means. We may take any legal and technical remedies to prevent the violation of this provision and to enforce this Agreement.
Certain parts of the Sites may require a password to enter. You agree that you are responsible for all acts or omissions that occur on your account while your password is being used. If you believe someone has used your password or account without your authorization, you must notify us immediately. We reserve the right to access and disclose any information, including, without limitation, user names of accounts and other information, to comply with applicable laws and lawful government requests.
Privacy
We collect personal information on the Sites, which is subject to the terms of our Privacy Policy, located at http://www.3riverspharma.com/legalNotice/privacy.htm.
Intellectual Property Rights & Grant
The Sites contains copyrighted material, trademarks and other proprietary information, including product information, catalogs, brochures, data, text, software, photos, video and graphics (“Content”). You may use the SiteS and the Content offered on the SiteS only for internal purposes. You may not modify, publish, transmit, display, participate in the transfer or sale, create derivative works, or in any way exploit the Content of the Site or any portion of it. You may not use any data mining, robots, or similar data gathering and extraction tools on the Content, frame any portion of the Sites or Content, or reproduce, reprint, copy, store, publicly display, broadcast, transmit, modify, translate, port, publish, sublicense, assign, transfer, sell, loan, or otherwise distribute the Content without our prior written consent. You may not circumvent any mechanisms included in the Content for preventing the unauthorized reproduction or distribution of the Content.
Links to External Sites
The Sites may contain links to other web sites. We are not responsible for the availability of these external sites nor do we endorse the activities or services provided by these web sites. Under no circumstances shall we be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused to a user in connection with the use of or reliance on any content, goods or services available on such external web sites.
Changes to Terms of Use
We reserve the right to change this Agreement periodically at our sole discretion. Your continued use of these Sites constitutes acceptance of the terms and conditions stated at the time of use.
Disclaimer of Warranties
Except as set forth above, we provide these Sites and the information disseminated via the Sites “as is”, “with all faults” and “as available.” We make no express warranties or guarantees about the accuracy of the information contained on the Sites, or the data or Content on the Sites. TO THE EXTENT PERMITTED BY LAW, WE DISCLAIM IMPLIED WARRANTIES THAT THE SITES AND ALL SOFTWARE, CONTENT AND SERVICES, INFORMATION DISTRIBUTED THROUGH THE SITES ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, TIMELY, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING.
WE DO NOT GUARANTEE THAT THE SITES WILL MEET YOUR REQUIREMENTS, OR THAT THEY ARE ERROR-FREE, RELIABLE, WITHOUT INTERRUPTION OR AVAILABLE AT ALL TIMES. WE DO NOT GUARANTEE THAT THE SERVICES THAT MAY BE OBTAINED FROM THE USE OF THE SITES, INCLUDING ANY SUPPORT SERVICES, WILL BE EFFECTIVE, RELIABLE, AND ACCURATE OR MEET YOUR REQUIREMENTS. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SITES (EITHER DIRECTLY OR THROUGH THIRD-PARTY NETWORKS) AT ALL TIMES OR LOCATIONS OF YOUR CHOOSING.
Limitation of Liability
EXCEPT AS PROVIDED IN THE DISCLAIMER OF WARRANTIES SECTION ABOVE, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OTHER DISPUTE WITH US IS TO DISCONTINUE YOUR USE OF THE SITES. IN NO EVENT SHALL OUR LIABILITY, OR THE LIABILITY OF OUR AGENTS, AFFILIATES, SUBSIDIARIES AND REPRESENTATIVES FOR ANY AND ALL CLAIMS RELATING TO THE USE OF THE SITES EXCEED THE TOTAL AMOUNT OF FEES THAT YOU PAID US DURING A ONE-YEAR PERIOD FOR THE SPECIFIC SERVICE AT ISSUE OR THE COST OF THE PRODUCT AT ISSUE.
WE, OUR AGENTS, AFFILIATES, SUBSIDIARIES AND REPRESENTATIVES SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF, INABILITY TO USE, OR RELIANCE UPON THE SITES OR ANY PRODUCT ADVERTISED OR SOLD ON THE SITES. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, INJURY, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY, AND THE LIABILITY OF OUR SUBSIDIARIES AND AFFILIATES, SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
WE DO NOT ENDORSE AND ARE NOT RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, INFORMATION, ADVICE OR STATEMENT ON THE SITES. UNDER NO CIRCUMSTANCES WILL WE BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH EITHER THE CONTENT ON THE SITES OR USE OF ANY PRODUCT ADVERTISED OR SOLD ON THE SITES. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION, OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE SITES. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC INFORMATION, OPINION, ADVICE OR OTHER CONTENT ON THE SITES.
Indemnification
You agree to defend, indemnify, and hold harmless us, our agents, affiliates, subsidiaries and representatives, and our respective employees, contractors, officers, directors, and agents from all liabilities, claims, and expenses, including attorney’s fees that arise from your use or misuse of the Sites. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
Choice of Law
You agree that the laws of the Commonwealth of Pennsylvania govern this contract and any claim or dispute that you may have against us, without regard to Pennsylvania’s conflict of laws rules. You further agree that any disputes or claims that you may have against us will be resolved by a court located in the Commonwealth of Pennsylvania and you agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.
Trademarks
All trademarks appearing on the Sites are the property of their respective owners.
Effective Date: January 30, 2008