| 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.
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