| WEB SITE TERMS AND CONDITIONS
Thank you for visiting this web site, owned and operated
by DAK Pharmaceuticals . (The site at and all other Web sites
owned or operated by DAK Pharmaceuticals, collectively are
referred to as the "Site"). The following terms
and conditions ("Terms and Conditions") govern your
access to and use of the Site (including without limitation
your purchase of products from this Site). By accessing, viewing,
or using the content, material, or services available on or
through this Site, you indicate that you have read and understand
these Terms and Conditions, and that you agree to them and
intend to be legally bound by them. IF YOU DO NOT AGREE TO
THESE TERMS AND CONDITIONS, YOU ARE NOT GRANTED PERMISSION
TO USE THIS SITE AND SHOULD EXIT IMMEDIATELY.
1. Informational Purposes Only. The information on this Site
is for informational purposes only. No information, services,
or materials offered by or through this Site shall be construed
as or understood to be medical advice or care. The U.S. Food
and Drug Administration has not reviewed the safety or effectiveness
of any products offered or noted on this Site, nor any statements
made in the Site. None of the information on this Site shall
be used to diagnose or treat any health problem or disease.
You must consult with a physician, doctor, or health care
provider before taking any product or using any information
on this Site.
2. Children's Protection Policy. CHILDREN UNDER THE AGE OF
18 MUST EXIT THIS SITE IMMEDIATELY AND ARE PROHIBITED FROM
USING THIS SITE. This Site is not written, nor is this Site
designed, for children and therefore is unsuitable for their
use. Specifically, and without limitation, articles, observations,
pictures, and discussion board commentary contained on this
Site are not suitable for children. We urge parents to monitor
and guide their children's use of computers, especially in
regard to the Internet, to prevent children from visiting
inappropriate Web sites or opening themselves to possible
of harm of any kind from unscrupulous people.
3. Rules for Use of this Site. By accessing or using the
Site or the products or services made available or offered
by or through the Site, including without limitation the ability
to send anonymous electronic mail messages to others, you
- and anyone and everyone else using the Site through any
username or password issued to you or selected by you - agree
that any and all of the following are strictly prohibited
at all times:
Posting or transmitting any material, whether word, image
or graphic, that is false, libelous, threatening, hateful,
harmful, defamatory, harassing, abusive, slanderous, illegal,
indecent, obscene, pornographic, or embarrassing, or which
discloses to any third person any private or personal matters
concerning any person, all of which shall be determined by
Condysil in its sole discretion.
Posting or transmitting material that infringes the copyright,
patent, trade secret, trademark, or other intellectual property
or proprietary rights of any person.
Representing or portraying oneself as someone other than
who they actually are, or making any false, misleading, or
misrepresentative statement.
Posting, transmitting or displaying any information about
another person without their consent including, but not limited
to, email address, health condition, or health status, except
to anonymously notify that other person through the anonymous
electronic mail service provided by the Site that they may
have an STD.
Using the Site or any portion or product or service offered
by or through the Site, including without limitation any or
all public access areas, in any way that violates local, state,
national, or international law.
Distributing, reproducing, executing, or including in any
material, information, or data posted or transmitted, any
viruses, Trojan horses, worms, time bombs, cancelbots, or
other computer programming routines that damage, harm, disrupt,
detrimentally interfere with, surreptitiously intercept, or
expropriate any system, data or personal information, or that
are intended to do so.
Allowing, permitting, or causing anyone other than you to
use your user name or password.
Sending or transmitting unsolicited bulk e-mail, "spam,"
or the same note more than once, or engaging in or conducting
any conduct that restricts or inhibits any other person from
accessing or using this Site as it is intended.
Posting, transmitting, or distributing advertisements, promotions,
or solicitations without the prior written approval of DAK
Pharmaceuticals.
Engaging in any activity that, in the sole judgment of DAK
Pharmaceuticals, exposes DAK Pharmaceuticals, its officers,
directors, employees, agents, principals, representatives,
contractors, successors, assigns, vendors, customers, proprietors,
partners, shareholders, servants, predecessors, and attorneys
or suppliers ("DAK Pharmaceuticals Parties") to
any undesirable actual or potential responsibility or liability.
At any and all times, you are responsible for all information,
materials, content, and data you transmit and post on or via
the Site. Further, DAK Pharmaceuticals does not monitor, review,
or edit any messages or materials or information posted by
its users, whether via the electronic mail notification services,
the discussion boards, or otherwise.
4. Privacy Statement. DAK Pharmaceuticals has a Privacy Statement
disclosing what information we collect about visitors, how
we use such information, and the steps we take to secure such
information. Click here to view the privacy policy, which
is incorporated into these Terms and Conditions by reference,
as if set forth fully herein. Please be advised that the confidentiality
of any communication or material transmitted to DAK Pharmaceuticals
via the Site or Internet electronic mail cannot be guaranteed,
including, for example, personal information such as your
address or name. Alternatively, you may contact DAK Pharmaceuticals
by telephone at: Customer Service (9 AM - 5 PM EST / Monday
- Friday) 1-866-475-4424 or Sales and Product Information
(9 AM - 5 PM EST / Monday - Friday) 1-866-475-4424, or write
us at webmaster@DAKPharmaceuticals.com.
5. Offensive Materials. This Site may contain health or medical-related
materials that you may find sexually or graphically explicit
or otherwise offensive. Accessing or use of the Site constitutes
acceptance of this risk. The DAK Pharmaceuticals Parties have
no control over and accept no responsibility for such materials.
6. Proprietary Rights. DAK Pharmaceuticals owns, licenses,
or uses pursuant to legal authority the data, content, graphics,
forms, artwork, and other material for this Site (the "Content"),
as well as the selection, coordination, arrangement, and organization
and enhancement of the Content (also, the "Content")
for this Site. Except as indicated, this Site and Content
are owned or licensed by DAK Pharmaceuticals and are 1999-2001
DAK Pharmaceuticals and/or third party licensors. All rights
reserved. Any use, reproduction, or distribution of this Site
or Content without DAK Pharmaceuticals' advance written consent
is prohibited, except, however, you may download one temporary
copy of these materials on any single computer, and you may
print one copy of these materials for your use in learning
about, evaluating, or acquiring DAK Pharmaceuticals' or its
licensees' or licensors' services or products. All trademarks,
service marks, and logos appearing on the Site are proprietary
to DAK Pharmaceuticals or its licensors. Use or misuse of
these trademarks without DAK Pharmaceuticals' advance written
consent is expressly prohibited.
7. Links to Other Sites. This Site may contain links to other
Internet Web sites for the convenience of users in locating
information, products, or services. These sites and any other
sites operated or maintained by third parties are operated
or maintained by organizations over which DAK Pharmaceuticals
exercises no control, and DAK Pharmaceuticals expressly disclaims
any and all responsibility for the Content, links, and other
items, the accuracy and completeness of the information, and
the quality of products or services made available or advertised
on these third-party sites. DAK Pharmaceuticals does not control,
endorse, promote, or have any affiliation with any other Web
site.
8. Site Content. This Web site is for your personal and non-commercial
use. You may not frame, capture, harvest, collect, or create
hypertext or other links or connections to any part of the
Site or Content without DAK Pharmaceuticals' advance written
consent. DAK Pharmaceuticals is not responsible for any errors
or omissions in the Content or other materials. DAK Pharmaceuticals
is not responsible for the accuracy or completeness of the
Content, advertisements, or other items contained within this
Site. DAK Pharmaceuticals may make changes to the content
of this Site, or the products or services made available in
connection with this Site at any time, with or without notice,
and makes no commitment to update any of these items.
9. EXCEPT FOR OUR REFUND POLICY RELATED TO YOUR ABILITY TO
RETURN UNUSED PORTIONS OF UNSATISFACTORY PRODUCTS, YOUR USE
OF THE SITE AND ANY AND ALL PRODUCTS PURCHASED VIA OR IN CONNECTION
WITH THE SITE IS SOLELY AT YOUR RISK. WE HEREBY DISCLAIM ALL
REPRESENTATIONS, WARRANTIES, AND RESPONSIBILITY, AND HEREBY
MAKE NO REPRESENTATIONS OR WARRANTIES, WHATSOEVER, EXPRESS
AND IMPLIED, WRITTEN AND ORAL, ARISING FROM COURSE OF PERFORMANCE,
USAGE OF TRADE, COURSE OF DEALING, OR OTHERWISE, WITH REGARD
TO THE SITE, ANY OR ALL PRODUCTS SOLD VIA THE SITE, OR ANY
AND ALL CONTENT, AND EACH AND EVERY ELEMENT THEREOF, INCLUDING
WITHOUT LIMITATION THE DISCUSSION BOARD, THE ELECTRONIC MAIL
NOTIFICATION SERVICE PROVIDED IN CONNECTION WITH THE SITE,
AND ANY AND ALL MESSAGES OR INFORMATION POSTED OR TRANSMITTED
IN CONNECTION WITH THE DISCUSSION BOARD OR THE MAIL NOTIFICATION
SERVICE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE,
QUALITY, SYSTEMS INTEGRATION, ACCURACY, AND NON-INFRINGEMENT.
WITHOUT LIMITING THE FOREGOING, WE MAKE NO REPRESENTATIONS
OR WARRANTIES, AND HEREBY DISCLAIM ALL REPRESENTATIONS AND
WARRANTIES, ABOUT THE TRUTH, SUITABILITY, RELIABILITY, TIMELINESS,
OR ACCURACY OF THE CONTENT (INCLUDING WITHOUT LIMITATION INFORMATION
AND GRAPHICS), PRODUCTS, OR SERVICES CONTAINED ON THIS SITE
FOR ANY PURPOSE, INCLUDING WITHOUT LIMITATION THE DELIVERY
OR MISDELIVERY OF ANY ELECTRONIC MAIL NOTIFICATION SENT VIA
THE SITE. THE SITE, ANY AND ALL CONTENT, AND EACH AND EVERY
ELEMENT THEREOF, INCLUDING WITHOUT LIMITATION THE DISCUSSION
BOARD, THE ELECTRONIC MAIL NOTIFICATION SERVICE PROVIDED IN
CONNECTION WITH THE SITE, AND ANY AND ALL MESSAGES OR INFORMATION
POSTED OR TRANSMITTED IN CONNECTION WITH THE DISCUSSION BOARD
OR THE MAIL NOTIFICATION SERVICE, ARE PROVIDED "AS IS"
AND WITH ALL FAULTS.
IN NO EVENT SHALL WE BE LIABLE TO ANY USER OR ANY OTHER PERSON
FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL,
EXTRA-CONTRACTUAL, OR EXEMPLARY DAMAGES OF ANY KIND WHATSOEVER
ARISING FROM OR CONNECTED WITH THESE TERMS AND CONDITIONS,
THE SITE OR ANY CONTENT OR ANY ELEMENT THEREOF (INCLUDING
WITHOUT LIMITATIONS THE INABILITY TO ACCESS THIS SITE OR MISDIRECTED
ELECTRONIC MAIL NOTIFICATIONS), INCLUDING, WITHOUT LIMITATION,
DAMAGES FOR LOSS OF USE, LOST DATA, OR LOST PROFITS, REGARDLESS
OF LEGAL THEORY, EVEN IF ANY PERSON HAS BEEN ADVISED OF THE
POSSIBILITY OR PROBABILITY OF SUCH DAMAGES, AND EVEN IF THE
REMEDIES OTHERWISE PROVIDED BY THIS AGREEMENT FAIL OF THEIR
ESSENTIAL PURPOSE.
10. IF YOU ARE DISSATISFIED WITH DAK Pharmaceuticals' PERFORMANCE
OR NON-PERFORMANCE OF OBLIGATIONS OR RESPONSIBILITIES IN CONNECTION
WITH THE SITE, THE SITE AS A WHOLE OR ANY PORTION OR PORTIONS
OF THIS SITE, OR WITH ANYTHING ELSE RELATED TO, CONNECTED
WITH, OR BASED UPON THE SITE, YOUR SOLE AND EXCLUSIVE REMEDY
IS TO DISCONTINUE USING THIS WEB SITE. Under no circumstances
will the total liability of DAK Pharmaceuticals to you and
any and all other persons in connection with, based upon,
or arising from this Site or any Content or any element thereof
or your use of this Site exceed $100. Some jurisdictions do
not permit the exclusion or limitation of liability for consequential
or incidental damages, and, as such, some portion of the above
limitation may not apply to you. In such jurisdictions, our
liability is limited to the greatest extent permitted by law.
11. Indemnification. You shall defend, indemnify, and hold
harmless the DAK Pharmaceuticals Parties from and against
any and all suits, actions, claims, proceedings, damages,
settlements, judgments, awards, settlements, obligations,
injuries, liabilities, losses, risks, costs, and expenses
(including without limitation attorneys' fees and litigation
expenses) relating to or arising from this Site, the Content,
your use of this Site, your fraud, negligence, violation of
law, or willful misconduct, or any breach by you of these
Terms and Conditions.
12. Use of Services and Product Information. This Site, including
the products displayed on the Site, is intended solely for
the use and benefit of United States citizens residing in
the U.S. The Site shall not be used to send electronic message
notifications to non-U.S. citizens or to non-U.S. residents,
nor shall the Site be used by non-U.S. citizens or non-U.S.
residents to send electronic mail notifications. The products
displayed on this Site shall not be ordered from or delivered
outside the United States. The prices displayed on the Site
are quoted in U.S. dollars. Although we have tried to accurately
display the colors of products, the actual colors you see
will depend on your computer monitor and may depend on other
hardware or software used by you. The display of Content,
or other materials on your monitor may or may not be accurate.
13. Securities Information. This Site and the information
contained herein do not constitute an offer or a solicitation
of an offer for the purchase or sale of any securities. This
Site may contain information and press releases about DAK
Pharmaceuticals, and although this information was believed
to be accurate as of the date prepared, DAK Pharmaceuticals
disclaims any duty or obligation to update such information.
To the extent that any information is deemed to be a "forward
looking statement" as defined in the rules and regulations
of the Securities Act of 1933, as amended, such information
is intended to fit within the "safe harbor" for
forward looking information and is subject to material risk
factors which may or may not be disclosed herein.
14. Use of the Internet. Use of the Internet is solely at
your own risk and is subject to all applicable local, state,
national, and international laws and regulations. Neither
DAK Pharmaceuticals nor its contractors will be liable for
any loss resulting from a cause over which they do not have
direct control, including, but not limited to, failure of
electronic or mechanical equipment or communication lines,
telephone or other interconnect problems, computer viruses,
unauthorized access, theft, operator errors, severe weather,
earthquakes, natural disasters, strikes or other labor problems,
wars, or governmental restrictions.
15. Changes; Termination. These Terms and Conditions may
be changed by DAK Pharmaceuticals at any time, with or without
notice; your continued use of this Site after any change is
made to the Terms and Conditions signifies your understanding
of and intention and agreement to be bound by such change.
It is your responsibility to monitor these Terms and Conditions
for changes. DAK Pharmaceuticals reserves the right to terminate
your access to this Site in the event that you violate these
Terms and Conditions or for any reason whatever or no reason,
with or without notice.
16. Governing Law and Jurisdiction. These Terms and Conditions
represent the entire agreement between you and DAK Pharmaceuticals
with respect to the subject matter hereof, supersede any and
all prior and contemporaneous written and oral representations,
understandings, and agreements between us, and will be governed
by and construed in accordance with the laws of the Commonwealth
of Pennsylvania without reference to its conflict of law rules.
In the event of any conflict between these Terms and Conditions
and any statement or omission on the Site or any products
or services connected therewith, these Terms and Conditions
shall govern. This Site is controlled and operated by DAK
Pharmaceuticals from its offices within the United States.
The waiver or failure of DAK Pharmaceuticals to exercise in
any respect any right provided hereunder shall not be deemed
a waiver of such right in the future or a waiver of any of
other rights established under these Terms and Conditions.
Any and all controversies and claims arising out of or relating
to these Terms and Conditions, including without limitation
the breach thereof, shall be settled by binding arbitration
administered by the American Arbitration Association in accordance
with its Commercial Arbitration Rules, and judgment on the
award rendered by the arbitrator(s) may be entered in any
court having jurisdiction thereof. The arbitration proceedings
shall be conducted before a panel of three (3) neutral arbitrators,
all of whom shall be selected from a panel of persons having
experience with and knowledge of commercial activities conducted
over the Internet, and at least one of the arbitrators selected
will be an attorney. Except as may be required by law, neither
a party nor an arbitrator may disclose the existence, content,
or results of any arbitration hereunder without the prior
written consent of both parties.
|
