EFFECTIVE
AS OF June 20, 1996
Welcome to YalePharma. By using the services on the YalePharma
websites (yalepharma.com and other related websites where
this agreement appears) (the ¡°Sites¡±), you are agreeing
to the following terms, including those available by hyperlink,
(the "Agreement" or "User Agreement")
with Yale Pharmaceutical Research Institute and the general
principles for the websites of our subsidiaries and international
affiliates. If you do not agree, please exit and disregard
the information contained herein.
Acceptance. Before you using yalepharma, you must read
and accept all of the terms and conditions in, and linked
to, this User Agreement and the Privacy Policy. We strongly
recommend that, as you read this User Agreement, you also
access and read the linked information. By accepting this
User Agreement, you also agree that your use of some YalePharma-branded
websites or websites we operate may be governed by separate
user agreements and privacy policies.
Content. YalePharma will use reasonable efforts to include
accurate and up-to-date information on this website but
makes no warranties or representations of any kind as
to its accuracy, currency or completeness. You agree that
access to and use of this website and the content thereof
is at your own risk. YalePharma disclaims all warranties,
express or implied, including warranties of merchantability
of fitness for a particular purpose. Neither YalePharma
nor any party involved in creating, producing or delivering
this website shall be liable for any damages, including
without limitation, direct, incidental, consequential,
indirect or punitive damages, arising out of access to,
use of or inability to use this website, or any errors
or omissions in the content thereof. This limitation includes
damages to, or for any viruses that infect, your computer
equipment.
Indemnification. You agree to indemnify, defend and hold
harmless YalePharma, its officers, directors, employees,
agents, suppliers and third party partners from and against
all losses, expenses, damages and costs, including reasonable
attorneys' fee, resulting from any violation by you of
these Terms of Use.
Privacy. YalePharma respects the privacy of its website
users. Please refer to YalePharma's Privacy Policy that
explains users' rights and responsibilities with respect
to information that is disclosed on this website.
Third Party Websites and Links. This website may contain
links or references to other websites maintained by third
parties over whom YalePharma has no control. Such links
are provided merely as a convenience. Similarly, this
website may be accessed from third party links over whom
YalePharma has no control. YalePharma makes no warranties
or representations of any kind as to the accuracy, currency,
or completeness of any information contained in such websites
and shall have no liability for any damages or injuries
of any kind arising from such content or information.
Inclusion of any third party link does not imply an endorsement
or recommendation by YalePharma.
Medical Information/Conditions. This website may contain
general information relating to various medical conditions
and their treatment. Such information is provided for
informational purposes only and is not meant to be a substitute
for advice provided by a doctor or other qualified healthcare
professional. Patients should not use the information
contained herein for diagnosing a health or fitness problem
or disease. Patients should always consult with a doctor
or other healthcare professional.
Forward Looking Statements. This web site contains forward-looking
statements about YalePharma's financial and operating
performance, business plans and prospects, in-line products
and products in development that involve substantial risks
and uncertainties. Actual results could differ materially
from the expectations and projections set forth in those
statements. Such risks and uncertainties include, among
other things, the uncertainties inherent in pharmaceutical
research and development; decisions by regulatory authorities
regarding whether and when to approve drug applications
and supplemental drug applications as well as their decisions
regarding labeling and other matters that could affect
the availability or commercial potential of YalePharma
products; competitive developments; the ability to successfully
market both new and existing products; challenges to the
validity and enforcement of YalePharma's patents; trends
toward managed care and health care cost containment;
governmental laws and regulations affecting health care,
including without limitation regarding pharmaceutical
product access, pricing and reimbursement; and general
economic conditions, such as interest rate and foreign
currency exchange rate fluctuations. YalePharma assumes
no obligation to update any forward-looking statements
as a result of new information or future events or developments.
Non-Confidential Information. Subject to any applicable
terms and conditions set forth in our Privacy Policy,
any communication or other material that you send to us
through the internet or post on the website by electronic
mail or otherwise, such as any questions, comments, suggestions
or the like, is and will be deemed to be non-confidential
and YalePharma shall have no obligation of any kind with
respect to such information. YalePharma shall be free
to use any ideas, concepts, know-how or techniques contained
in such communication for any purpose whatsoever, including
but not limited to, developing, manufacturing and marketing
products.
Copyrights. The entire contents of this website are subject
to copyright protection. Copyright (c) 1996 - 2007 YalePharma
Inc. The contents of this website may not be copied other
than for noncommercial individual reference with all copyright
or other proprietary notices retained, and thereafter
may not be recopied, reproduced or otherwise redistributed.
Except as expressly provided above, you may not otherwise
copy, display, download, distribute, modify, reproduce,
republish or retransmit any information, text or documents
contained in this website or any portion thereof in any
electronic medium or in hard copy, or create any derivative
work based on such images, text or documents, without
the express written consent of YalePharma. Nothing contained
herein shall be construed as conferring by implication,
estoppel or otherwise any license or right under any patent
or trademark of YalePharma, or any third party.
Trademarks. All product names, whether or not appearing
in large print or with the trademark symbol, are trademarks
of YalePharma, its affiliates, related companies or its
licensors or joint venture partners, unless otherwise
noted. The use or misuse of these trademarks or any other
materials, except as permitted herein, is expressly prohibited
and may be in violation of copyright law, trademark law,
the law of slander and libel, the law of privacy and publicity,
and communications regulations and statutes. Please be
advised that YalePharma actively and aggressively enforces
its intellectual property rights to the fullest extent
of the law.
Miscellaneous. If any provision of this Agreement is held
to be unlawful, void or unenforceable, then such provision
shall be severable without affecting the enforceability
of all remaining provisions. YalePharma reserves the right
to alter or delete materials from this website at any
time at its discretion.
Disclaimer of Warranties.Yale Pharmaceutical Research
Institute, has taken reasonable measures to ensure that
the information contained within this Web site is reliable,
however, by using this Web site, you accept the information,
products and services provided herein "AS IS."
Yale Pharmaceuticals, Inc., makes no express or implied
warranty regarding the accuracy, content, completeness,
reliability, operability, or legality of information contained
within this Web site, including, without limitation, the
warranties of merchantability, fitness for a particular
purpose, and non-infringement of proprietary rights.
Consequences. YalePharma reserves the right to suspend
or terminate your account if you violate the Terms of
Use Agreement. If your violation causes harm to others,
you agree to indemnify and hold YalePharma harmless from
and against any and all loss, damage, or expense. If any
dispute arises between us regarding this Agreement or
your use of YalePharma.com, it shall be resolved through
good faith negotiations between the parties. If such efforts
prove unsuccessful, all such controversies, claims, or
disputes shall be submitted to binding arbitration pursuant
to the Federal Arbitration Act, 9 U.S.C., ¡́1 et seq.
Arbitration shall be conducted in accordance with the
rules of the American Arbitration Association. The arbitration
award shall be final and binding, and it may be confirmed
and enforced in any court of competent jurisdiction.