Microsoft word - terms of use - aptalis december 2012

Terms Of Use
Your use of this website and any personal information, or other information concerning
you, shared by you or otherwise collected by us through, or in connection with, this website
shall be subject to these Terms and Conditions of Use
and our
1. Acceptance. Please read this Terms and Conditions of Use carefully before using this
website. By using this website, you confirm your agreement with all the Terms and Conditions of Use and agree that you are responsible for compliance with any laws applicable to such use. Aptalis and its affiliates (collectively referred to herein as “the Company”) reserve the right to modify the Terms and Conditions of Use of this website at any time without notice and without updating the content of this website. By continuing to use this website after such updates are posted, you convey your acceptance of such changes.   2. Web Site Users. THE ONLY PERSONS AUTHORIZED TO USE THIS WEBSITE
ARE PERSONS WHO ARE RESIDENT IN THE UNITED STATES. You should
not construe anything in this web site as a promotion or solicitation for any product that is
not authorized by the laws and regulations of the country where you reside.  
3. Content. (a) Although the Company strives to provide on this website the latest
developments relating to the products on this website, and other information about the
Company, the Company does not warrant the accuracy, effectiveness and suitability of
any information contained in this website. Each person assumes full responsibility and
all risks arising from use of this internet site. The information is presented “AS IS” and
may include technical inaccuracies or typographical errors. The Company reserves the
right to make additions, deletions, or modifications to the information at any time and
without prior notification. THE CONTENT OF THIS WEBSITE IS PROVIDED TO
YOU ON AN “AS IS”/“AS AVAILABLE” BASIS WITHOUT WARRANTY OF
ANY KIND, EXPRESS OR IMPLIED, CREATED BY LAW, CONTRACT OR
OTHERWISE, INCLUDING WITHOUT LIMITATION ANY IMPLIED
WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE AND NONINFRINGEMENT OF INTELLECTUAL
PROPERTY OR OTHER VIOLATION OF RIGHTS. THE COMPANY MAKES
NO WARRANTY AS TO THE COMPLETENESS, ACCURACY, TIMELINESS,
LIKELY RESULTS OR RELIABILITY OF ANY CONTENT AVAILABLE
THROUGH THIS WEBSITE OR ANY SITES LINKED TO THIS WEBSITE. IT
IS YOUR RESPONSIBILITY TO VERIFY ANY INFORMATION CONTAINED
IN THIS WEBSITE BEFORE RELYING ON IT. SOME JURISDICTIONS DO
NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE
EXCLUSIONS MAY NOT APPLY TO YOU.
The Company does not warrant that the
functions contained in this website will be uninterrupted or error-free, that defects will be
corrected, or that this website or the server that makes it available are free of computer
viruses.  
4. Disclaimer of Liability. IN NO EVENT SHALL THE COMPANY BE LIABLE
FOR ANY DAMAGES OF ANY KIND OR NATURE, INCLUDING, WITHOUT
LIMITATION, DIRECT, INDIRECT, SPECIAL (INCLUDING LOSS OF

PROFIT), CONSEQUENTIAL OR INCIDENTAL DAMAGES ARISING FROM
OR IN CONNECTION WITH THE EXISTENCE OR USE OF THIS WEBSITE
AND/OR THE INFORMATION CONTAINED IN THIS WEBSITE,
REGARDLESS OF WHETHER THE COMPANY HAS BEEN ADVISED AS TO
THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT
ALLOW LIMITATIONS OF LIABILITY FOR CONSEQUENTIAL OR
INCIDENTAL DAMAGE, SO THESE LIMITATIONS MAY NOT APPLY TO
YOU
.  
5. Copyright Notice. The content of this website is protected by applicable copyright,
trademark and other intellectual property laws. All material published in this website (including but not limited to images, illustrations, information, documents and related graphics) is the sole property of the Company and may not be reproduced, modified, uploaded, downloaded, posted, transmitted, republished or distributed without the Company’s written permission. Modification of the content or use of the content for any other purpose is a violation of the copyrights and other proprietary rights of the Company.   6. Trademarks. FLUTTER®, MODULON®, SALOFALK®, SCANDISHAKE®,
ULTRASE®, URSO DS® and VIOKASE® are registered trademarks or trademarks owned by or used under license by Aptalis in Canada. ADEKS®, AQUADEKS™, BENTYL®, CANASA®, CARAFATE®, FLUTTER®, PYLERA®, SCANDICAL®, SCANDISHAKE®, ULTRASE®, URSO FORTE® Scored, URSO 250®, VIOKASE®, ASSIST Program℠, CareFirst for CF℠ Program, CF Direct Connect Program℠, Comprehensive Care Program for CF℠ and Rx Cost Reduction Program℠ are registered trademarks, trademarks or service marks owned by or used under license by Aptalis in the United States. DELURSAN®, LACTEOL®, LACTEOL FORT®, TAGAMET®, TRANSULOSE®, and VIATOL® are registered trademarks owned by or used under license by Aptalis in France. All other trademarks belong to their respective owners. No use of any Company trademarks, service marks, trade names, trade dress or images of products in this web site may be made without the prior written authorization of the Company, except to identify the product or services of the Company.   7. Product/Medical Information. This web site is not designed to provide a diagnosis or
medical advice and should not be relied on or interpreted as doing so. Any information in this web site relating to various health and medical conditions is provided for information purposes only. It is not meant to be a substitute for the advice provided by a physician or other healthcare professional. You should always consult a physician or healthcare provider for your personal medical needs.   8. Aptalis Online Store. Aptalis strives to offer the most accurate and up to date purchasing
information available. However, Aptalis cannot be held liable for errors in its web site. Policies, item availability and prices are subject to change without notice. The price in effect when your order is received will be the price you are charged. Aptalis reserves the right to limit quantities of any product ordered. The Aptalis Online Store is only for U.S. residents (including Alaska and Hawaii), and Puerto Rico residents. No other international orders will be accepted.   9. Click-Through Agreements. Before using certain areas of the web site you may be
asked to indicate your acceptance of additional special terms and conditions by clicking a button marked “I Accept,” “I Agree,” “Okay,” “I Consent” or other words or actions that similarly acknowledge your consent or acceptance of a Click-Through Agreement. To the extent there is a conflict between these terms and any Click-Through Agreement for the activity in which you choose to participate, the Click-Through Agreement will govern.  10. Privacy Policy. Any personal information about you collected through, or in connection
with, this web site is subject to our Privacy Statemis incorporated into these terms by this reference. This web site is designed for adults of legal age (18 years and over). For questions about our online privacy policy for children 11. Third Party Links. This site may provide links to other web sites maintained by third
parties. The Company is not responsible for the content or accuracy of such other sites and shall not be responsible for any damages or injury arising from users’ access to such sites. Links to other sites are provided only as a convenience to users of this web site. The inclusion of any link does not imply endorsement by the Company of such web site.   12. User Content. No confidential relationship shall be established in the event that any user
of this web site should submit, display and/or post any content via the web site, which content includes, but is not limited to, your comments, reviews, analysis, proposals and feedback, submitted in any form or medium, whether by emails, posting or otherwise (“User Content”). All such User Content shall be considered non-confidential, and the Company shall be free to reproduce, publish or otherwise use such User Content, without any obligation, in any media and for any purposes whatsoever on an unrestricted basis including, without limitation, the research, development, manufacture, use, sale or promotion of products incorporating such User Content. The sender of any User Content waives any moral rights that he/she may have therein in favor of the Company. The sender of any User Content is fully responsible for its content, including its truthfulness and accuracy and its non-infringement of any other person’s proprietary rights.   13. Forward Looking Statements. To the extent any statements made in this web site
contain information that is not historical, these statements are essentially forward looking and are often identified by words such as "anticipate," "expect," "estimate," "should," "project," "plan," and "believe." Forward Looking Statements are subject to risks and uncertainties, including, without limitation, the difficulty of predicting approvals from the relevant regulatory authorities (such as the FDA, Health Canada, l’agence française de sécurité sanitaire des produits de santé, etc.), acceptance and demand for new pharmaceutical products, the impact of competitive products and pricing, new product development and launch, reliance on key strategic alliances, availability of raw materials, the regulatory environment, fluctuations in operating results and other risks detailed from time to time in the company’s filings with the Securities and Exchange Commission and under the Canadian Multijurisdictional Disclosure System. Until decided otherwise, the Company’s practice is to update forward-looking statements in light of subsequent developments.   14. Jurisdiction. These Terms of Use and any matters releated to enforcement of this
agreement or in connection with this website are governed by the laws of the State
of New York without reference to conflicts of laws principles. You expressly agree
to be subject to the jurisdiction of the Federal and State courts located in the State
of New York and to the exclusive venue of the United States District Court for the
District of New York.
If any provision of this agreement shall be unlawful, void, or for
any reason unenforceable, then that provision shall be deemed severable from this
agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the matters contained herein and shall not be modified except in writing, signed by the provider.   This Agreement was last modified and is effective as of December, 2012.

Source: https://www.ultresasupport.com/pdf/AptalisTermsOfUse.pdf

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